senate Bill S1526A

Relates to greenhouse gas emissions

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / Feb / 2009
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 18 / Jun / 2009
    • AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 18 / Jun / 2009
    • PRINT NUMBER 1526A
  • 06 / Jan / 2010
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Relates to greenhouse emissions; establishes greenhouse gas limits and a greenhouse gas reporting system.

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Bill Details

Versions:
S1526
S1526A
Legislative Cycle:
2009-2010
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 19 Title 13 ยงยง19-1301 - 19-1307, En Con L
Versions Introduced in 2007-2008 Legislative Cycle:
S8390

Sponsor Memo

BILL NUMBER: S1526A

TITLE OF BILL : An act to amend the environmental conservation law,
in relation to greenhouse gas emissions

PURPOSE : The purpose of this bill is to require the Department of
Environmental Conservation (DEC) to promulgate rules and regulations
establishing limits on greenhouse gas emissions.

SUMMARY OF PROVISIONS : This bill would:

* define greenhouse gas to include carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluroide, and
any other gas determined by the DEC to be a significant contributor to
global warming;

* authorize the DEC to promulgate rules and regulations, by May 1,
2010, requiring annual greenhouse gas emission reporting from
greenhouse gas emission sources;

* require the DEC to issue a report on the annual greenhouse gas
emissions and the progress made in achieving reduction efforts;

* require the DEC, after a public hearing, to promulgate rules and
regulations establishing a limit on greenhouse gas emissions;

* require the emissions limit to:
- be less than the aggregate level of emissions for 2000;
- decrease by an additional ten percent every 5 years, beginning with
a reduction of 20 percent by 2020; and,
- be less than 80 percent of the initial limit by 2050

* prohibit the DEC from adopting a regulation that would place or
increase an additional environmental or health burden on a community
that has a higher level of regulated air contaminant source emissions
within the community as compared with the county average; and,

* require the DEC to include a plan to address adaptation to climate
change

JUSTIFICATION :The Intergovernmental Panel on Climate Change, awarded
the 2007 Nobel Peace Prize, determined that burning coal, oil and gas
has lead to higher global temperatures that are already impacting
physical and biological systems. The panel also projected global
temperatures would rise more rapidly if greenhouse gases are not
abated. The panel concluded that reducing emissions 80 percent below
current emissions by mid-century would prevent the worst impacts of
climate change.

The impact of such climate change poses a potential threat to the
economic well-being, public health, natural resources and environment
of New York. The potential adverse impacts of climate change include
the exacerbation of air quality problems, a reducation in the quality
and supply of water to the state, a rise in sea levels which could
potentially impact coastal businesses, residents and infrastructure,
damage to marine ecosystems and the natural environment, and an
increase in the incidences of infectious diseases, asthma, and other
human health-related problems.

Natural and international actions are necessary to fully address the
threat of climate change. Action taken by New York and other states to
reduce emissions of greenhouse gases will have far-reaching effects by
encouraging the federal government, and other countries to act
including encouraging the development of sustainable, nonpolluting
technologies such as solar, wind, geothermal and ocean currents.

LEGISLATIVE HISTORY :2008 S.8390 Referred to Rules

FISCAL IMPLICATIONS :None

EFFECTIVE DATE :This act shall take effect immediately.
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1526--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced by Sens. MORAHAN, FLANAGAN, FUSCHILLO, HANNON, LAVALLE, PADA-
  VAN, SERRANO -- read twice and ordered printed, and when printed to be
  committed  to the Committee on Environmental Conservation -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  greenhouse gas emissions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative  findings.    The  Intergovernmental  Panel  on
Climate  Change,  awarded  the  2007  Nobel Peace Prize, determined that
burning coal, oil and gas  has  led  to  higher  temperatures  that  are
already  impacting  physical  and  biological  systems.   The panel also
projected global temperatures would  rise  more  rapidly  if  greenhouse
gases  are  not  abated.  The panel concluded that reducing emissions 80
percent below current emissions by mid-century would prevent  the  worst
impacts of climate change.
  The  impact  of  such  climate  change  poses  a serious threat to the
economic well-being, public health, natural resources and environment of
New York. The potential adverse impacts of climate  change  include  the
exacerbation  of  air  quality  problems, a reduction in the quality and
supply of water to the state, a rise in sea levels  which  could  poten-
tially  impact  coastal businesses, residents and infrastructure, damage
to marine ecosystems and the natural environment, and an increase in the
incidences of infectious diseases, asthma, and other human health-relat-
ed problems.
  National and international actions are necessary to fully address  the
threat  of  climate change. Action taken by New York and other states to
reduce emissions of greenhouse gases will have far-reaching  effects  by
encouraging the federal government, and other countries to act including

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01893-02-9

S. 1526--A                          2

encouraging  the  development of sustainable, non-polluting technologies
such as solar, wind, geothermal and ocean currents.
  S  2.  Article  19 of the environmental conservation law is amended by
adding a new title 13 to read as follows:
                                TITLE 13
                    GREENHOUSE GAS POLLUTION CONTROL

SECTION 19-1301. SHORT TITLE.
        19-1303. DEFINITIONS.
        19-1305. GREENHOUSE GAS REPORTING.
        19-1307. GREENHOUSE GAS LIMITS.
S 19-1301. SHORT TITLE.
  THIS TITLE MAY BE CITED AS THE "GREENHOUSE GAS POLLUTION CONTROL ACT".
S 19-1303. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1. "GREENHOUSE GAS" MEANS  CARBON  DIOXIDE,  METHANE,  NITROUS  OXIDE,
HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
GAS  DETERMINED  BY  THE  DEPARTMENT  TO BE A SIGNIFICANT CONTRIBUTOR TO
CLIMATE CHANGE.
  2. "GREENHOUSE GAS EMISSION SOURCE" MEANS ANY SOURCE  OR  CATEGORY  OF
SOURCES OF GREENHOUSE GAS EMISSIONS AND SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO EMISSIONS:
  (A)  ASSOCIATED  WITH  FOSSIL FUELS USED IN THE STATE BY ENTITIES THAT
ARE MANUFACTURERS AND DISTRIBUTORS OF FOSSIL FUELS, INCLUDING,  BUT  NOT
LIMITED  TO,  OIL  REFINERIES,  OIL  STORAGE FACILITIES, AND NATURAL GAS
PIPELINES;
  (B) FROM ANY UTILITY GENERATING OR DELIVERING ELECTRICITY CONSUMED  IN
THE  STATE, WHETHER THE ELECTRICITY IS GENERATED IN THE STATE, OR GENER-
ATED OUTSIDE THE STATE AND IMPORTED INTO THE STATE, AND  ACCOUNTING  FOR
TRANSMISSION AND DISTRIBUTION LINE LOSSES; AND
  (C)  FROM  ANY  ADDITIONAL  ENTITIES  THAT  ARE EMITTERS OF GREENHOUSE
GASES, AS DETERMINED BY THE DEPARTMENT, AND APPROPRIATE  TO  ENABLE  THE
DEPARTMENT  TO  MONITOR  COMPLIANCE WITH THE EMISSIONS LIMITS FOR GREEN-
HOUSE GASES ESTABLISHED PURSUANT TO THIS TITLE.
S 19-1305. GREENHOUSE GAS REPORTING.
  1. NO LATER THAN MAY 1, 2010, THE DEPARTMENT  SHALL  PROMULGATE  RULES
AND REGULATIONS REQUIRING ANNUAL GREENHOUSE GAS EMISSIONS REPORTING FROM
GREENHOUSE GAS EMISSION SOURCES. THE REGULATIONS SHALL:
  (A)  INCLUDE GREENHOUSE GAS EMISSIONS FROM ALL GREENHOUSE GAS EMISSION
SOURCES EXPRESSED IN TONS OF CARBON DIOXIDE EQUIVALENTS;
  (B) ENSURE  RIGOROUS  AND  CONSISTENT  ACCOUNTING  OF  EMISSIONS,  AND
PROVIDE  REPORTING  TOOLS  AND FORMATS TO ENSURE COLLECTION OF NECESSARY
DATA; AND
  (C) ENSURE THAT EACH GREENHOUSE GAS EMISSION SOURCE MAINTAINS  COMPRE-
HENSIVE  EMISSIONS  RECORDS  OF ANY GREENHOUSE GAS REPORTED FOR AT LEAST
FIVE YEARS.
  2. THE DEPARTMENT SHALL:
  (A) PERIODICALLY REVIEW AND UPDATE ITS EMISSION REPORTING REQUIREMENTS
AT LEAST EVERY FIVE YEARS; AND
  (B) MAKE REASONABLE EFFORTS TO MAKE ITS REPORTING REGULATIONS CONSIST-
ENT WITH INTERNATIONAL, FEDERAL AND OTHER STATES' GREENHOUSE  GAS  EMIS-
SION REPORTING PROGRAMS.
  3.  NO  LATER  THAN JANUARY 1, 2012, AND EVERY THREE YEARS THEREAFTER,
THE DEPARTMENT SHALL ISSUE A REPORT ON:

S. 1526--A                          3

  (A) THE ANNUAL GREENHOUSE GAS EMISSIONS FROM ALL GREENHOUSE GAS  EMIS-
SION SOURCES, INCLUDING THE RELATIVE CONTRIBUTION OF EACH GREENHOUSE GAS
EMISSION SOURCE TO STATEWIDE GREENHOUSE GAS EMISSIONS; AND
  (B)  THE PROGRESS MADE BY THE DEPARTMENT IN ACHIEVING THE REQUIREMENTS
OF SECTION 19-1307 OF THIS TITLE.
S 19-1307. GREENHOUSE GAS LIMITS.
  1. NO LATER THAN JANUARY 1, 2015, THE DEPARTMENT, AFTER A PUBLIC HEAR-
ING, SHALL PROMULGATE RULES AND REGULATIONS SETTING AN ENFORCEABLE LIMIT
ON THE AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FROM  ALL  GREENHOUSE
GAS EMISSION SOURCES PROVIDED; HOWEVER, THE AGGREGATE LIMIT SHALL NOT BE
GREATER  THAN THE AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FOR CALEN-
DAR YEAR 2005.
  2. (A) ON JANUARY 1, 2020 THE LIMIT ESTABLISHED IN SUBDIVISION ONE  OF
THIS SECTION SHALL BE REDUCED BY 20 PERCENT.
  (B)  ON  JANUARY  1,  2025 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 30 PERCENT.
  (C) ON JANUARY 1, 2030 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
THIS SECTION SHALL BE REDUCED BY 40 PERCENT.
  (D)  ON  JANUARY  1,  2035 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 50 PERCENT.
  (E) ON JANUARY 1, 2040 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
THIS SECTION SHALL BE REDUCED BY 60 PERCENT.
  (F)  ON  JANUARY  1,  2045 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 70 PERCENT.
  (G) ON JANUARY 1, 2050, AND EACH  YEAR  THEREAFTER,  THE  LIMIT  SHALL
REMAIN  AT  80 PERCENT BELOW THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION.
  3. ANY RULE OR REGULATION THE COMMISSIONER ADOPTS TO COMPLY WITH  THIS
SECTION MUST:
  (A) NOT PLACE OR INCREASE AN ADDITIONAL ENVIRONMENTAL OR HEALTH BURDEN
ON    A  COMMUNITY THAT HAS A SIGNIFICANT LEVEL OF REGULATED AIR CONTAM-
INANT SOURCE EMISSIONS WITHIN THE COMMUNITY AS COMPARED WITH THE  COUNTY
AVERAGE; AND
  (B) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS.
  (C)  INCLUDE A PLAN TO THE EXTENT PRACTICABLE TO ADDRESS ADAPTATION TO
CLIMATE CHANGE INCLUDING BUT NOT  LIMITED  TO  TERRESTRIAL  AND  AQUATIC
HABITATS,  PLANTS  AND  ANIMAL  SPECIES,  CONNECTIVITY  OF HABITATS, AND
ECOSYSTEM SERVICES PROVIDED  BY  NATURAL  RESOURCES  INCLUDING  BUT  NOT
LIMITED TO FLOOD CONTROL AND DRINKING WATER SUPPLY.
  S 3. This act shall take effect immediately.

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