senate Bill S3742

Amended

Establishes the New York state climate change task force

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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

  • 13 / Feb / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 21 / Feb / 2014
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 21 / Feb / 2014
    • PRINT NUMBER 3742A

Summary

Establishes the New York state climate change task force; establishes the membership of the task force; establishes the powers and duties of the task force.

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Bill Details

See Assembly Version of this Bill:
A4033
Versions:
S3742
S3742A
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 19 Title 13 ยงยง19-1301 - 19-1305, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6456, A1391
2009-2010: S1121, A6945
2007-2008: A11302

Sponsor Memo

BILL NUMBER:S3742

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to establishing the New York state climate change task force

PURPOSE: The purpose of this bill is to create a Task Force to research
the projected impacts of Climate Change to the State of New York and to
create a comprehensive Climate Action Plan.

SUMMARY OF PROVISIONS: This bill amends Article 19 of the environmental
conservation law by adding a new title 13 which would create an intera-
gency Climate Change Task Force within the Department of Environmental
Conservation (DEC) which would develop recommendations for actions that
can be taken to mitigate the impact of climate change on New York and
minimize disruption to the States economy, infrastructure and environ-
ment due to climate change. The task force would be required to incorpo-
rate its recommendations into an overall climate change action plan for
the State. The task force would be required to submit a draft within one
year and hold public hearings throughout the State on the draft plan.
Within sixty days of the final hearing, the task force would be required
to release a final plan with updates every two years.

JUSTIFICATION:

Science has shown that there has been a warming of the Earth's atmos-
phere. This warming will cause changes that will impact New York State
in the coming years. This legislation will explore the impacts of these
changes on tourism, agriculture, coastal communities, infrastructure,
and the environment as well as other areas, and prepare-a plan recom-
mending actions that should be taken to both reduce the severity of
climate change impacts and to better position New York State and its
citizens to live with changes associated with climate change.

LEGISLATIVE HISTORY:

S. 6456 - Referred to Environmental Conservation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 90 days after it becomes law.

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

                                  3742

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing the New York state climate change task force

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

  Section 1. Article 19 of the environmental conservation law is amended
by adding a new title 13 to read as follows:
                                TITLE 13
                NEW YORK STATE CLIMATE CHANGE TASK FORCE
SECTION 19-1301. CLIMATE CHANGE TASK FORCE.
        19-1303. TASK FORCE COMPOSITION.
        19-1305. POWERS AND DUTIES OF THE TASK FORCE.
S 19-1301. CLIMATE CHANGE TASK FORCE.
  1. THE NEW YORK STATE CLIMATE CHANGE TASK FORCE IS HEREBY ESTABLISHED.
THE ROLE OF THE TASK  FORCE  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,
CONDUCTING  AN  IN-DEPTH EXAMINATION OF ISSUES RELATED TO GLOBAL CLIMATE
CHANGE INCLUDING:
  A. ASSESSING THE POTENTIAL IMPACTS OF GLOBAL  CLIMATE  CHANGE  ON  THE
CITIZENS,  NATURAL  RESOURCES,  AND  ECONOMY OF THE STATE. SUCH RESEARCH
SHALL INCLUDE POTENTIAL IMPACTS ON AGRICULTURE, TRANSPORTATION, PROPERTY
VALUES, PUBLIC HEALTH, INSURANCE, AND COMMERCIAL AND INDUSTRIAL SECTORS.
RESEARCH SHALL  ALSO  INCLUDE  POTENTIAL  IMPACTS  ON  WATERS,  FORESTS,
WETLANDS,  AND  THE  AVAILABILITY  OF FRESHWATER RESOURCES OF THE STATE.
POTENTIAL IMPACTS ON INFRASTRUCTURE, INCLUDING SUBWAYS, BRIDGES, LOW-LY-
ING ROADS, CAUSEWAYS, WATER AND WASTEWATER TREATMENT PLANTS, AND  DOCKS,
SHALL  BE INCLUDED, AS WELL AS POTENTIAL IMPACTS ON INDUSTRIES INCLUDING
SHIPPING, TIMBER, FISHERIES, POWER GENERATION, HEALTHCARE, TOURISM,  AND
RECREATION.  SUCH  ASSESSMENT  SHALL  ALSO  INCLUDE A REVIEW OF EXISTING
RELATED RESEARCH;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07181-02-3

S. 3742                             2

  B. IDENTIFYING AND EVALUATING CURRENT EFFORTS TO  TRACK  AND  MITIGATE
CLIMATE  CHANGE  AND  ITS  POTENTIAL  IMPACTS  ON  THE NORTHEAST REGION,
INCLUDING THE REGIONAL GREENHOUSE GAS INITIATIVE,  PARTICULARLY  ON  NEW
YORK STATE;
  C.  IDENTIFYING  AND  EVALUATING  POTENTIAL CARBON EMISSIONS REDUCTION
MEASURES IDENTIFIED IN  TERMS  OF  GREENHOUSE  GAS  EMISSIONS  REDUCTION
POTENTIAL,  COST  EFFECTIVENESS,  SHORT  AND  LONG-TERM  STATE  SPECIFIC
ECONOMIC IMPACTS, ADMINISTRATIVE FEASIBILITY AND EQUITY CONCERNS;
  D. EVALUATING THE POTENTIAL  ECONOMIC  EFFECTS  THAT  MAY  ARISE  FROM
ACTIONS TO ADDRESS GLOBAL CLIMATE CHANGE;
  E.  IDENTIFYING  AND  EVALUATING  CURRENT EFFORTS UNDERWAY IN NEW YORK
STATE TO EDUCATE THE PUBLIC, AS WELL AS SPECIFIC SECTORS INCLUDING AGRI-
CULTURE, HEALTH, TRANSPORTATION, RECREATION, INSURANCE, AND  INDUSTRIAL,
AND COMMERCIAL SECTORS, ABOUT PROJECTED IMPACTS OF CLIMATE CHANGE;
  F.  EVALUATING AND ASSESSING ANY ADAPTIVE MEASURES IDENTIFIED IN TERMS
OF FEASIBILITY, ECONOMIC AND PUBLIC HEALTH IMPACTS,  AND  EFFECTIVENESS.
FOR THE PURPOSES OF THIS SECTION, THE TERM "ADAPTIVE MEASURES" REFERS TO
ACTIONS  THAT  MAY  BE  TAKEN TO ADDRESS THE ANTICIPATED CONSEQUENCES OF
CLIMATE CHANGE;
  G. REVIEWING AND ASSESSING THE IMPLEMENTATION STATUS OF THE  RECOMMEN-
DATIONS  FROM  THE NEW YORK GREENHOUSE GAS TASK FORCE ISSUED IN APRIL OF
TWO THOUSAND THREE; AND
  H. ASSESSING THE STATE'S CAPACITY TO MEET THE STATEWIDE GREENHOUSE GAS
EMISSION REDUCTION TARGET AS ESTABLISHED IN THE TWO THOUSAND TWO  ENERGY
PLAN  AS UPDATED, A TWENTY PERCENT REDUCTION OF GREENHOUSE GAS EMISSIONS
BY TWO THOUSAND TWENTY-TWO, AND AN EIGHTY PERCENT  REDUCTION  OF  GREEN-
HOUSE GAS EMISSIONS BY TWO THOUSAND FIFTY-TWO.
  2. THE TASK FORCE SHALL DEVELOP A CLIMATE CHANGE ACTION PLAN THAT WILL
INCORPORATE   BOTH  CARBON  REDUCTION  MEASURES  AND  ADOPTIVE  MEASURES
DESIGNED TO BOTH REDUCE THE SEVERITY OF CLIMATE CHANGE AND BETTER  POSI-
TION THE STATE AND ITS CITIZENS TO LIVE WITH THE IMPACTS ASSOCIATED WITH
CLIMATE CHANGE. SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
  A.  AN  INVENTORY  OF GREENHOUSE GAS EMISSIONS IN THIS STATE INCLUDING
STATIONARY AND MOBILE SOURCES;
  B. RESULTS OF THE EVALUATION OF POTENTIAL CARBON  EMISSIONS  REDUCTION
MEASURES;
  C.  RESULTS  OF  THE EVALUATION OF CURRENT EFFORTS TO MITIGATE CLIMATE
CHANGE;
  D. RECOMMENDATIONS TO ADDRESS POTENTIAL CLIMATE CHANGE  IN  NEW  YORK,
WHICH SHALL INCLUDE:
  (I)  POTENTIAL GREENHOUSE GAS EMISSIONS REDUCTION MEASURES THAT SHOULD
BE UNDERTAKEN BY THE STATE;
  (II) A LISTING AND EXPLANATION OF POTENTIAL ADAPTIVE  MEASURES  APPRO-
PRIATE FOR NEW YORK STATE, INCLUDING REDUCING HEALTH AND FLOODING RISKS,
AND POTENTIAL SHIFTS IN AGRICULTURE AND FORESTRY;
  (III) A CONSIDERATION OF EFFORTS BEING MADE AT THE NATIONAL AND INTER-
NATIONAL LEVEL TO ADDRESS CLIMATE CHANGE;
  (IV)  RECOMMENDATIONS  TO  ENHANCE CLIMATE CHANGE RESEARCH, MONITORING
AND PUBLIC EDUCATION IN NEW YORK; AND
  (V) ECONOMIC OPPORTUNITIES  THAT  SHOULD  BE  CONSIDERED  WHICH  COULD
BETTER POSITION NEW YORK IN RESPONDING TO CLIMATE CHANGE; AND
  E.  RECOMMENDATIONS FOR ACHIEVING THE MAXIMUM TECHNOLOGICALLY FEASIBLE
AND COST-EFFECTIVE REDUCTIONS IN GREENHOUSE GAS EMISSIONS  FROM  SOURCES
OR  CATEGORIES  OF  SOURCES  OF  GREENHOUSE  GASES  OF  A TWENTY PERCENT
REDUCTION OF GREENHOUSE GAS EMISSIONS BY TWO THOUSAND TWENTY-TWO AND  AN
EIGHTY  PERCENT  REDUCTION  OF  GREENHOUSE GAS EMISSIONS BY TWO THOUSAND

S. 3742                             3

FIFTY-TWO. THE RECOMMENDATIONS SHALL BE  ON  DIRECT  EMISSION  REDUCTION
MEASURES,  ALTERNATIVE  COMPLIANCE  MECHANISMS,  MARKET-BASED COMPLIANCE
MECHANISMS, AND POTENTIAL MONETARY AND NONMONETARY INCENTIVES FOR SOURCE
AND  CATEGORIES  OF  SOURCES.  THE  TASK  FORCE SHALL EVALUATE THE TOTAL
POTENTIAL COSTS AND TOTAL POTENTIAL ECONOMIC AND NONECONOMIC BENEFITS OF
THE PLAN FOR REDUCING GREENHOUSE GASES TO THE STATE'S ECONOMY,  ENVIRON-
MENT  AND PUBLIC HEALTH. THE TASK FORCE SHALL ALSO TAKE INTO ACCOUNT THE
RELATIVE CONTRIBUTION OF EACH SOURCE OR  SOURCE  CATEGORY  TO  STATEWIDE
GREENHOUSE GAS EMISSIONS, AND THE POTENTIAL FOR ADVERSE EFFECTS ON SMALL
BUSINESSES, AND SHALL RECOMMEND A DE MINIMIS THRESHOLD OF GREENHOUSE GAS
EMISSIONS BELOW WHICH EMISSION REDUCTION REQUIREMENTS WILL NOT APPLY.
S 19-1303. TASK FORCE COMPOSITION.
  1.  THE  TASK FORCE SHALL CONSIST OF A TOTAL OF TWENTY-ONE MEMBERS AND
SHALL INCLUDE THE COMMISSIONER, THE COMMISSIONER OF HEALTH, THE  COMMIS-
SIONER  OF  AGRICULTURE AND MARKETS, THE SECRETARY OF STATE, THE COMMIS-
SIONER OF ECONOMIC DEVELOPMENT, THE COMMISSIONER OF TRANSPORTATION,  THE
COMMISSIONER  OF PARKS, RECREATION AND HISTORIC PRESERVATION, THE SUPER-
INTENDENT OF FINANCIAL SERVICES, THE DIRECTOR  OF  THE  STATE  EMERGENCY
MANAGEMENT  OFFICE,  THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY, THE CHAIRPERSON OF THE METROPOLITAN TRANSPOR-
TATION AUTHORITY, A REPRESENTATIVE FROM THE BOARD OF  COMMISSIONERS  FOR
THE  PORT  AUTHORITY  OF  NEW  YORK AND NEW JERSEY, AND THE CHAIR OF THE
PUBLIC SERVICE  COMMISSION  OR  THEIR  DESIGNATED  REPRESENTATIVES;  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE  SHALL  APPOINT THREE MEMBERS; THE
SPEAKER OF THE ASSEMBLY SHALL APPOINT THREE MEMBERS; THE MINORITY LEADER
OF THE SENATE SHALL APPOINT ONE MEMBER; AND THE MINORITY LEADER  OF  THE
ASSEMBLY  SHALL  APPOINT  ONE  MEMBER. ALL APPOINTED MEMBERS OF THE TASK
FORCE SHALL HAVE AN EXPERTISE IN ONE OR MORE OF  THE  FOLLOWING  FIELDS:
CLIMATOLOGY;  HYDROLOGY;  PLANNING;  HEALTH  CARE; ENVIRONMENTAL HEALTH;
ECOLOGY; AGRICULTURE; ECONOMICS; AND ENERGY POLICY.
  2. THE COMMISSIONER OR HIS  OR  HER  DESIGNATED  REPRESENTATIVE  SHALL
SERVE AS CHAIRPERSON OF THE TASK FORCE.
  3.  FOR  THE PURPOSES OF THIS SECTION, THE NON-GOVERNMENTAL APPOINTEES
SHALL BE CONSIDERED OFFICERS OR EMPLOYEES OF PUBLIC ENTITIES  AND  SHALL
BE  AFFORDED  SUCH DEFENSE AND INDEMNIFICATION PROVIDED UNDER THE PUBLIC
OFFICERS LAW.
  4. THE MEMBERS OF THE TASK FORCE SHALL  RECEIVE  NO  COMPENSATION  FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  5.  NO  APPOINTED  MEMBER  OF  THE  TASK  FORCE SHALL BE AN ELECTED OR
APPOINTED PUBLIC OFFICER.
S 19-1305. POWERS AND DUTIES OF THE TASK FORCE.
  1. THE TASK FORCE SHALL MEET QUARTERLY, AND AT THE CALL OF THE  CHAIR-
PERSON.
  2.  IN  RECOGNITION  OF  THE GLOBAL NATURE OF CLIMATE CHANGE, THE TASK
FORCE MAY CONSULT WITH ANY ORGANIZATION, EDUCATIONAL INSTITUTION,  OTHER
GOVERNMENT  ENTITY  OR AGENCY OR PERSON IN THE DEVELOPMENT OF ITS RECOM-
MENDATIONS.
  3. THE DEPARTMENT SHALL PROVIDE THE TASK FORCE WITH  SUCH  FACILITIES,
ASSISTANCE  AND  DATA  AS  WILL  ENABLE  THE TASK FORCE TO CARRY OUT ITS
POWERS AND DUTIES.  ADDITIONALLY, ALL OTHER AGENCIES  OF  THE  STATE  OR
SUBDIVISIONS THEREOF MAY, AT THE REQUEST OF THE CHAIRPERSON, PROVIDE THE
TASK FORCE WITH SUCH FACILITIES, ASSISTANCE, AND DATA TO ENABLE THE TASK
FORCE TO CARRY OUT ITS POWERS AND DUTIES.
  4.  A.  WITHIN  TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, THE
TASK FORCE SHALL ISSUE A DRAFT CLIMATE CHANGE ACTION  PLAN  AS  PROVIDED

S. 3742                             4

FOR  IN  SUBDIVISION  TWO  OF  SECTION  19-1301 OF THIS TITLE. THE DRAFT
CLIMATE CHANGE ACTION PLAN SHALL BE POSTED ON THE  DEPARTMENT'S  WEBSITE
AND  A  NOTICE  OF THE ISSUANCE OF THE DRAFT PLAN SHALL BE POSTED IN THE
ENVIRONMENTAL NOTICE BULLETIN. AT LEAST ONE PUBLIC HEARING SHALL BE HELD
IN  EACH  DEPARTMENTAL REGION TO PROVIDE THE PUBLIC WITH THE OPPORTUNITY
TO COMMENT ON THE DRAFT CLIMATE  CHANGE  ACTION  PLAN.  NOTICE  OF  SUCH
PUBLIC HEARINGS SHALL BE PROVIDED ON THE DEPARTMENT'S WEBSITE AND IN THE
ENVIRONMENTAL NOTICE BULLETIN.
  B. WITHIN SIXTY DAYS OF THE DATE OF THE FINAL PUBLIC HEARING, THE TASK
FORCE  SHALL  SUBMIT A FINAL CLIMATE CHANGE ACTION PLAN TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY.
COPIES  OF  SUCH CLIMATE CHANGE ACTION PLAN SHALL ALSO BE MADE AVAILABLE
TO THE PUBLIC AND POSTED ON THE DEPARTMENT'S WEBSITE AND NOTICE  OF  THE
AVAILABILITY OF SUCH PLAN SHALL BE PUBLISHED IN THE ENVIRONMENTAL NOTICE
BULLETIN.
  C.  THE CLIMATE CHANGE ACTION PLAN SHALL BE REVIEWED AND UPDATED EVERY
TWO YEARS WITH ASSOCIATED PUBLIC HEARINGS, PUBLIC RELEASE AND POSTING OF
THE UPDATED PLAN ON THE DEPARTMENT'S WEBSITE AND NOTICE IN THE  ENVIRON-
MENTAL NOTICE BULLETIN.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
and directed to be made and completed on or before such effective date.

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