S T A T E   O F   N E W   Y O R K
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                                 6327--A
                                                        Cal. No. 291

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2013
                               ___________

Introduced  by  M.  of  A.  SWEENEY, FARRELL, WEISENBERG, GLICK, COLTON,
  CYMBROWITZ, PEOPLES-STOKES, JAFFEE, KAVANAGH, SCHIMEL, TITONE, ZEBROW-
  SKI, ABINANTI, ENGLEBRIGHT, CAHILL, MILLMAN, GALEF, PAULIN,  DINOWITZ,
  ROSENTHAL, HEVESI, MARKEY, LUPARDO, OTIS, LIFTON, ROZIC, MOSLEY, GOTT-
  FRIED,  O'DONNELL,  CLARK, SEPULVEDA, SKOUFIS, WEPRIN, STECK -- Multi-
  Sponsored by -- M. of A.  BUCHWALD,  JACOBS,  KEARNS,  LENTOL,  PERRY,
  SKARTADOS,  THIELE -- read once and referred to the Committee on Envi-
  ronmental Conservation -- advanced to a  third  reading,  amended  and
  ordered reprinted, retaining its place on the order of third reading

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  global warming pollution control

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

  Section  1.  Legislative  findings.  Global  warming and the resulting
extreme weather events pose a serious threat to the economic well-being,
public health, natural resources and environment of New York.
  Extreme weather events have become increasingly  common,  with  Super-
storm  Sandy,  and  hurricanes  Lee  and Irene providing the most recent
examples.  The potential adverse impacts of global warming  include  the
exacerbation  of  air  quality  problems, a reduction in the quality and
supply of fresh water to the state, a rise in sea  levels  resulting  in
the  displacement  of  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.   Global warming will have detrimental effects
on some of New York's largest industries, including agriculture,  fores-
try, tourism, skiing, and recreational and commercial fishing.
  The  Intergovernmental  Panel  on  Climate  Change, which received the
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 temperatures would rise more  rapidly

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

                                                           LBD09886-02-4

A. 6327--A                          2

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 global warming.
  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,  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
                    GLOBAL WARMING POLLUTION CONTROL

SECTION 19-1301. DEFINITIONS.
        19-1303. GREENHOUSE GAS REPORTING.
        19-1305. GREENHOUSE GAS LIMITS.
S 19-1301. 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
GLOBAL WARMING.
  2. "MAJOR GREENHOUSE GAS EMISSION SOURCE" MEANS ANY SOURCE OR CATEGORY
OF  SOURCES OF GREENHOUSE GAS EMISSIONS, DETERMINED BY THE DEPARTMENT TO
BE CAPABLE OF BEING MONITORED FOR COMPLIANCE, AND  SHALL  AT  A  MINIMUM
INCLUDE EMISSIONS:
  (A)  ASSOCIATED  WITH  FOSSIL FUELS USED IN THE STATE BY ENTITIES THAT
ARE  MANUFACTURERS,  PRODUCERS  AND/OR  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;
  (C)  STATIONARY  SOURCES PERMITTED PURSUANT TO SECTION 19-0311 OF THIS
ARTICLE; AND
  (D) FROM ANY ADDITIONAL  ENTITIES  THAT  ARE  EMITTERS  OF  GREENHOUSE
GASES, AS DETERMINED BY THE DEPARTMENT.
S 19-1303. GREENHOUSE GAS REPORTING.
  1.  NO  LATER  THAN MAY 1, 2015, THE DEPARTMENT SHALL PROMULGATE RULES
AND REGULATIONS REQUIRING ANNUAL GREENHOUSE GAS EMISSIONS REPORTING FROM
MAJOR GREENHOUSE GAS EMISSION SOURCES. THE REGULATIONS SHALL:
  (A) INCLUDE GREENHOUSE GAS EMISSIONS FROM  ALL  MAJOR  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 MAJOR GREENHOUSE GAS EMISSION SOURCE MAINTAINS
COMPREHENSIVE 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.

A. 6327--A                          3

  (C) PROVIDE COMPLIANCE ASSISTANCE TO SMALL BUSINESSES PURSUANT TO  THE
PROVISIONS OF SECTIONS 19-0313 AND 19-0315 OF THIS ARTICLE.
  3.  NO  LATER  THAN JANUARY 1, 2018, AND EVERY THREE YEARS THEREAFTER,
THE DEPARTMENT SHALL ISSUE A REPORT ON:
  (A) THE ANNUAL GREENHOUSE GAS EMISSIONS FROM ALL MAJOR GREENHOUSE  GAS
EMISSION  SOURCES,  INCLUDING  THE  RELATIVE  CONTRIBUTION OF EACH MAJOR
GREENHOUSE GAS EMISSION SOURCE TO STATEWIDE  GREENHOUSE  GAS  EMISSIONS;
AND
  (B)  THE PROGRESS MADE BY THE DEPARTMENT IN ACHIEVING THE REQUIREMENTS
OF SECTION 19-1305 OF THIS TITLE.
S 19-1305. GREENHOUSE GAS LIMITS.
  1. NO LATER THAN JANUARY 1, 2017, THE DEPARTMENT, AFTER A PUBLIC HEAR-
ING, AND CONSULTATION WITH REPRESENTATIVES OF BUSINESS INTERESTS, COMMU-
NITY ORGANIZATIONS, ENVIRONMENTAL  GROUPS,  MUNICIPAL  CORPORATIONS  AND
OTHER  STAKEHOLDERS,  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 AGGRE-
GATE LIMIT SHALL NOT BE GREATER THAN THE AGGREGATE LEVEL  OF  GREENHOUSE
GAS EMISSIONS FOR CALENDAR YEAR 1990.
  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) INITIALLY FOCUS UPON ENSURING STATE FACILITY COMPLIANCE;
  (B) 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;
  (C) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS; AND
  (D) 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.