senate Bill S3742A

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

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
2009-2010: S1121

Sponsor Memo

BILL NUMBER:S3742A

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 interagency 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 environment due
to climate change. The task force would be required to incorporate 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
atmosphere. 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 recommending 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:

2013 - S. 3742 - 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--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced  by  Sens. ADDABBO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation  -- recommitted to the Committee on Environmental Conser-
  vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07181-03-4

S. 3742--A                          2

SHIPPING,  TIMBER, FISHERIES, POWER GENERATION, HEALTHCARE, TOURISM, AND
RECREATION. SUCH ASSESSMENT SHALL ALSO  INCLUDE  A  REVIEW  OF  EXISTING
RELATED RESEARCH;
  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-THREE, AND AN EIGHTY PERCENT REDUCTION OF GREEN-
HOUSE GAS EMISSIONS BY TWO THOUSAND FIFTY-THREE.
  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

S. 3742--A                          3

OR CATEGORIES OF  SOURCES  OF  GREENHOUSE  GASES  OF  A  TWENTY  PERCENT
REDUCTION  OF  GREENHOUSE GAS EMISSIONS BY TWO THOUSAND TWENTY-THREE AND
AN EIGHTY PERCENT REDUCTION OF GREENHOUSE GAS EMISSIONS BY TWO  THOUSAND
FIFTY-THREE.  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

S. 3742--A                          4

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
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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