S T A T E   O F   N E W   Y O R K
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                                  8472

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by  M.  of A. ORTIZ, GALEF, JAFFEE, LUPARDO, LAVINE, WRIGHT,
  CLARK, COLTON, SCHIMEL -- Multi-Sponsored by  --  M.  of  A.  BRENNAN,
  LIFTON,  MARKEY,  McDONOUGH,  PERRY, ROSENTHAL, TITUS -- 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 SIXTEEN, THE COMMISSIONER
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  NINETEEN,  A  FIFTEEN  PERCENT
REDUCTION IN TOTAL EMISSIONS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04089-01-5

              

A. 8472                             2

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