S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1266

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. ORTIZ, GALEF, JAFFEE, LUPARDO, WRIGHT, MAYERSOHN,
  CLARK,  BOYLAND,  LAVINE,  LATIMER,  COLTON, SCHIMEL, CASTRO -- Multi-
  Sponsored by -- M. of  A.    BRENNAN,  BROOK-KRASNY,  JACOBS,  LIFTON,
  MARKEY,  McDONOUGH, MILLMAN, REILLY, ROSENTHAL, SWEENEY, TITUS, TOWNS,
  WEISENBERG -- read once and referred to the Committee on Environmental
  Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  reducing global warming emissions levels

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

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
declares it necessary to join the worldwide fight against global warming
and  its  detrimental  impact on the public health, environment, and the
economy of New York state. The legislature  finds  that  global  warming
threatens  New  York  state's  environment and economic security through
projected changes in temperature, precipitation  and  sea  level.  These
changes  harm natural ecosystems, threaten industries including agricul-
ture, forestry, fishing and tourism, and harm the health of New Yorkers.
The legislature finds it necessary to implement a statewide cap on emis-
sions levels and in effectively  doing  so,  to  implement  a  mandatory
reporting system to track and monitor global warming emissions levels.
  S  2.  The  environmental  conservation law is amended by adding a new
section 19-0312 to read as follows:
S 19-0312. REDUCTIONS IN GLOBAL WARMING EMISSIONS.
  1. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWELVE, THE  COMMISSIONER
SHALL   PROMULGATE   RULES  AND  REGULATIONS  IMPLEMENTING  A  STATEWIDE
REDUCTION IN GLOBAL WARMING EMISSIONS IN ACCORDANCE WITH THE  PROVISIONS
OF  THIS SECTION. SUCH RULES AND REGULATIONS SHALL SET PERMANENT CAPS ON
LEVELS OF TOTAL GLOBAL WARMING EMISSIONS, WHICH FOR ALL SOURCES  SUBJECT
TO THIS SECTION SHALL BE AS FOLLOWS:

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

                                                           LBD03666-01-1

A. 1266                             2

  (A)  AS  OF  JANUARY  FIRST,  TWO  THOUSAND FIFTEEN, A FIFTEEN PERCENT
REDUCTION IN TOTAL EMISSIONS;
  (B)  AS  OF  JANUARY  FIRST,  TWO THOUSAND SEVENTEEN, A TWENTY PERCENT
REDUCTION IN TOTAL EMISSIONS;
  (C) BY TWO THOUSAND TWENTY-TWO, A  TWENTY-FIVE  PERCENT  REDUCTION  IN
TOTAL  EMISSIONS, AT WHICH SUCH LEVEL OF EMISSIONS SHALL BE NO MORE THAN
THE TOTAL EMISSIONS LEVEL IN NINETEEN HUNDRED NINETY; AND
  (D) BY TWO THOUSAND FIFTY-TWO, AN EIGHTY PERCENT  REDUCTION  IN  TOTAL
EMISSIONS  AT  WHICH  SUCH  LEVEL OF EMISSIONS SHALL BE NO MORE THAN THE
TOTAL EMISSIONS LEVEL IN NINETEEN HUNDRED NINETY.
  2. THE COMMISSIONER SHALL ESTABLISH A  STATEWIDE  MANDATORY  REPORTING
SYSTEM  TO  TRACK  AND MONITOR GLOBAL WARMING EMISSIONS LEVELS AND SHALL
FORMULATE A PLAN BY WHICH NEW YORK STATE BUSINESS SHALL UNIFORMLY  ADAPT
AND COMPLY WITH THE RULES AND REGULATIONS REQUIRED BY THIS SECTION.
  3.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO CONFLICT WITH ANY
OTHER EXISTING PROVISION OF LAW RELATING TO ANY  MEASURES  OR  PRACTICES
TAKEN  TO RESTRICT, REDUCE OR LIMIT ANY EMISSIONS FOUND TO CONTRIBUTE TO
GLOBAL WARMING AND SHALL NOT BE CONSTRUED TO  SUPERSEDE  MORE  STRINGENT
EMISSION  LIMITATIONS  OR  PRACTICES APPLICABLE ON THE EFFECTIVE DATE OF
THIS SECTION OR MAY BECOME APPLICABLE AFTER SUCH EFFECTIVE DATE.
  S 3. This act shall take effect immediately.