S T A T E O F N E W Y O R K
I N S E N A T E
May 15, 2014
Introduced by Sen. PARKER -- 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 a goal to reduce greenhouse gas emissions eighty percent
by 2050 and preparing a climate action plan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent and findings. Governor David A. Paterson
issued Executive Order No. 24 on August 6, 2009 entitled "Establishing a
Goal to Reduce Greenhouse Gas Emissions Eighty Percent by the Year 2050
and Preparing a Climate Action Plan." This Executive Order was continued
by Governor Andrew M. Cuomo. The purpose of this act is to codify Execu-
tive Order No. 24 that was issued August 6, 2009.
An emerging scientific consensus recognizes that the increased concen-
tration of carbon dioxide in the atmosphere, along with other heat-trap-
ping greenhouse gases, resulting from the combustion of fossil fuels and
other human sources, warms the planet and changes its climate. Many
scientists warn that unmitigated climate change is expected to result in
significant adverse impact to our communities, economy and environment.
According to the scientific assessments of the United Nations Intergov-
ernmental Panel on Climate Change, and other work, substantial
reductions in greenhouse gas emissions by mid-century have the potential
to minimize the most severe climate change impacts currently predicted.
The reduction of global warming and limitation of climate change
effects requires a collaborative, international effort to reduce the
emission of greenhouses gases around the globe. New York and other
states should work collaboratively with the federal government to devel-
op and implement plans and policies that will achieve reductions in
greenhouse gas emissions in the United States. Expanding and advancing
energy efficiency and renewable energy projects will reduce greenhouse
gas emissions and create new jobs. New York State has demonstrated
leadership in this effort by undertaking various actions. It is appro-
priate to build upon the important environmental benefits obtained
through these actions and to establish a State-wide goal for the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 7598 2
reduction of greenhouse gases, and to develop a plan that enables New
York to participate fully in the national and international efforts to
combat climate change.
S 2. Article 19 of the environmental conservation law is amended by
adding a new title 12 to read as follows:
CLIMATE ACTION COUNCIL
SECTION 19-1201. CLIMATE ACTION COUNCIL.
S 19-1201. CLIMATE ACTION COUNCIL.
1. IT SHALL BE A GOAL OF THE STATE OF NEW YORK TO REDUCE CURRENT
GREENHOUSE GAS EMISSIONS FROM ALL SOURCES WITHIN THE STATE EIGHTY
PERCENT BELOW LEVELS EMITTED IN THE YEAR NINETEEN HUNDRED NINETY BY THE
YEAR TWO THOUSAND FIFTY.
2. THERE IS HEREBY CREATED A CLIMATE ACTION COUNCIL ("COUNCIL")
CONSISTING OF THE COMMISSIONERS OF AGRICULTURE AND MARKETS, ECONOMIC
DEVELOPMENT, ENVIRONMENTAL CONSERVATION, HOUSING AND COMMUNITY RENEWAL,
AND TRANSPORTATION; THE CHAIRS OF THE PUBLIC SERVICE COMMISSION AND THE
METROPOLITAN TRANSPORTATION AUTHORITY; THE PRESIDENTS OF THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, LONG ISLAND POWER
AUTHORITY, NEW YORK POWER AUTHORITY AND DORMITORY AUTHORITY OF THE STATE
OF NEW YORK; THE SECRETARY OF STATE; THE DIRECTOR OF THE BUDGET; THE
DIRECTOR OF STATE OPERATIONS; AND THE COUNSEL TO THE GOVERNOR. THE
DIRECTOR OF STATE OPERATIONS SHALL SERVE AS THE CHAIR OF THE COUNCIL.
3. THE COUNCIL SHALL PREPARE A DRAFT CLIMATE ACTION PLAN ON OR BEFORE
SEPTEMBER THIRTIETH, TWO THOUSAND FIFTEEN. THE COUNCIL SHALL HOLD
REGIONAL PUBLIC COMMENT HEARINGS ON THE DRAFT PLAN, AND SHALL ALLOW AT
LEAST SIXTY DAYS FOR THE SUBMISSION OF PUBLIC COMMENT. THEREAFTER, THE
COUNCIL SHALL PREPARE A FINAL CLIMATE ACTION PLAN WHICH SHALL BE
REVIEWED AND, IF WARRANTED, ADJUSTED ANNUALLY BY THE COUNCIL.
4. IN ASPIRING TO MEET THE GREENHOUSE GAS EMISSION REDUCTION GOAL, THE
COUNCIL, IN PREPARING THE CLIMATE ACTION PLAN, SHALL:
A. INVENTORY GREENHOUSE GAS EMISSIONS WITHIN THE STATE, INCLUDING THE
RELATIVE CONTRIBUTION OF EACH TYPE OF EMISSION SOURCE;
B. IDENTIFY AND ASSESS SHORT-TERM AND LONG-TERM ACTIONS TO REDUCE
GREENHOUSE GAS EMISSIONS AND ADAPT TO CLIMATE CHANGE ACROSS ALL ECONOMIC
SECTORS, INCLUDING INDUSTRY, TRANSPORTATION, AGRICULTURE, BUILDING
CONSTRUCTION AND ENERGY PRODUCTION;
C. IDENTIFY AND ANALYZE THE ANTICIPATED REDUCTIONS, AND THE ECONOMIC
IMPLICATIONS THEREOF, AS A RESULT OF EACH ACTION;
D. IDENTIFY THE ANTICIPATED LIFE-CYCLE IMPLICATIONS, CONSEQUENCES,
BENEFITS AND COSTS OF IMPLEMENTING EACH ACTION, INCLUDING IMPLICATIONS,
CONSEQUENCES, BENEFITS AND COSTS TO THE STATE, LOCAL GOVERNMENTS, BUSI-
NESSES AND RESIDENTS FROM IMPLEMENTATION OF EACH OPTION AND ACTION;
E. IDENTIFY WHETHER SUCH ACTIONS SUPPORT NEW YORK'S GOALS FOR CLEAN
ENERGY IN THE NEW ECONOMY, INCLUDING SPECIFIC SHORT-TERM AND LONG-TERM
ECONOMIC DEVELOPMENT OPPORTUNITIES AND DISADVANTAGES RELATED TO GREEN-
HOUSE GAS EMISSION REDUCTIONS AND THE DEVELOPMENT AND DEPLOYMENT OF NEW
AND EMERGING TECHNOLOGIES AND ENERGY SOURCES;
F. COORDINATE ITS ACTIVITIES WITH THE STATE ENERGY PLANNING PROCESS OF
THE STATE ENERGY PLANNING BOARD;
G. IDENTIFY EXISTING LEGAL, REGULATORY AND POLICY CONSTRAINTS TO
REDUCING GREENHOUSE GAS EMISSIONS, ASSESSING THE IMPACTS OF CLIMATE
CHANGE, AND ADAPTING TO CLIMATE CHANGE, AND RECOMMEND WAYS TO ADDRESS
ANY SUCH CONSTRAINTS;
S. 7598 3
H. ESTABLISH ESTIMATED TIMELINES FOR CONSIDERING AND IMPLEMENTING
I. UNDERTAKE SUCH ACTIONS, AND COMPILE SUCH ADDITIONAL MATERIAL, AS
DEEMED APPROPRIATE BY THE COUNCIL IN CARRYING OUT ITS RESPONSIBILITIES
UNDER THIS SECTION.
5. MEMBERS OF THE COUNCIL MAY DESIGNATE AN EXECUTIVE STAFF MEMBER TO
REPRESENT THEM AND PARTICIPATE ON THE COUNCIL ON THEIR BEHALF, SUBJECT
TO THE APPROVAL OF THE CHAIR. A MAJORITY OF THE MEMBERS OF THE COUNCIL
SHALL CONSTITUTE A QUORUM, AND ALL ACTIONS AND RECOMMENDATIONS OF THE
COUNCIL SHALL REQUIRE APPROVAL OF A MAJORITY OF THE TOTAL MEMBERS OR
6. THE ENTITIES REPRESENTED ON THE COUNCIL ARE AUTHORIZED TO PROVIDE
THE PRIMARY STAFF AND OTHER RESOURCES THAT ARE NECESSARY FOR THE COUNCIL
TO COMPLY WITH THIS SECTION. IN ADDITION, EVERY OTHER AGENCY, DEPART-
MENT, OFFICE, DIVISION AND PUBLIC AUTHORITY OF THIS STATE SHALL COOPER-
ATE WITH THE COUNCIL AND FURNISH SUCH INFORMATION AND ASSISTANCE AS THE
COUNCIL DETERMINES IS REASONABLY NECESSARY FOR IT TO COMPLY WITH THIS
7. THE COUNCIL MAY CONVENE ADVISORY PANELS TO ASSIST OR ADVISE IT IN
AREAS REQUIRING SPECIAL EXPERTISE OR KNOWLEDGE.
8. THE CLIMATE ACTION PLAN IS NOT INTENDED TO BE STATIC, BUT RATHER A
DYNAMIC AND CONTINUALLY EVOLVING STRATEGY TO ASSESS AND ACHIEVE THE GOAL
OF SUSTAINED REDUCTIONS OF GREENHOUSE GAS EMISSIONS.
S 3. This act shall take effect immediately.