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

                                  3117

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by  M.  of A. ORTIZ, GALEF, JAFFEE, LUPARDO, LAVINE, WRIGHT,
  CLARK, BOYLAND, COLTON, SCHIMEL, CASTRO -- Multi-Sponsored by -- M. of
  A. BRENNAN, BROOK-KRASNY, JACOBS, LIFTON, MARKEY, McDONOUGH,  MILLMAN,
  ROSENTHAL, SWEENEY, TITUS, 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 19-0316 to read as follows:
S 19-0316. REDUCTIONS IN GLOBAL WARMING EMISSIONS.
  1. NO LATER THAN JANUARY FIRST, TWO THOUSAND FOURTEEN, THE COMMISSION-
ER  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:
  (A)  AS  OF  JANUARY  FIRST, TWO THOUSAND SEVENTEEN, A FIFTEEN PERCENT
REDUCTION IN TOTAL EMISSIONS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07044-01-3
              

A. 3117                             2

  (B) AS OF JANUARY FIRST,  TWO  THOUSAND  NINETEEN,  A  TWENTY  PERCENT
REDUCTION IN TOTAL EMISSIONS;
  (C)  BY  TWO  THOUSAND TWENTY-FOUR, 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-FOUR, 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.