§ 76-0103. The climate change adaptation cost recovery program.\n 1. There is hereby established a climate change adaptation cost\nrecovery program to be administered by the department.\n 2. The purposes of the program shall be the following:\n a. To secure compensatory payments from responsible parties based on a\nstandard of strict liability to provide a source of revenue for climate\nchange adaptive infrastructure projects within the state. Such payments\nin aggregate shall total the cost recovery amount and shall be due and\npayable on the applicable payment date.\n b. To determine proportional liability of responsible parties for the\ncost recovery amount pursuant to subdivision three of this section;\n c. To impose cost recovery demands on responsible parties and issue\nnotices of cost recovery demand;\n d. To accept and collect payment from responsible parties;\n e. To identify climate change adaptive infrastructure projects;\n f. To disperse funds to climate change adaptive infrastructure\nprojects; and\n g. To allocate funds in such a way as to achieve a goal that at least\nforty percent of the qualified expenditures from the program, but not\nless than thirty-five percent of such expenditures, shall go to climate\nchange adaptive infrastructure projects that benefit disadvantaged\ncommunities as defined in section 75-0101 of this chapter.\n 3. a. A responsible party shall be strictly liable, without regard to\nfault, for a share of the cost recovery amount, which shall be used for\nthe costs of climate change adaptive infrastructure projects, including\ntheir operation and maintenance, supported by the fund.\n b. With respect to each responsible party, the cost recovery demand\nshall be equal to an amount that bears the same ratio to the cost\nrecovery amount as the responsible party's applicable share of covered\ngreenhouse gas emissions bears to the aggregate applicable shares of\ncovered greenhouse gas emissions of all responsible parties.\n c. The applicable share of covered greenhouse gas emissions taken into\naccount under this section for any responsible party shall be the amount\nby which the covered greenhouse gas emissions attributable to such\nresponsible party exceeds one billion metric tons.\n d. In determining the amount of greenhouse gas emissions attributable\nto any entity, the department may: i. require an entity to provide\ninformation to the department related to past practices, production,\nextraction, refining, emissions, or other historical information about\nsuch entity necessary or appropriate to enable the department to\ndetermine whether such entity is a responsible party and, if so, the\namount of such responsible party's covered greenhouse gas emissions; ii.\napply consistent emissions factors, consistent with the climate\nleadership and community protection act pursuant to chapter one hundred\nsix of the laws of two thousand nineteen, to convert extraction and\nrefining data into greenhouse gas emissions; and iii. utilize\ninformation received from the department of taxation and finance\npursuant to subdivision (a) of section three hundred fourteen of the tax\nlaw.\n e. i. The department shall issue notices of cost recovery demand to\nall responsible parties at the times set forth in paragraph a of\nsubdivision four of this section. Payment of a cost recovery demand\nshall be made in full on the applicable payment date provided that,\nnotwithstanding paragraph a of subdivision two of this section, the\ndepartment may provide that a responsible party may elect to pay an\namount no greater than ninety-two percent of the amount of the cost\nrecovery demand after the applicable payment date. Any such payments\npermitted to be made after the applicable payment date shall be made\nwithin twenty-four years of the applicable payment date, shall be no\nless frequent than annual beginning in the year following the applicable\npayment date, and shall not increase over time.\n ii. Any
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