S T A T E O F N E W Y O R K
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11507--B
I N A S S E M B L Y
June 18, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Sweeney,
P. Rivera, Rosenthal, Jaffee) -- read once and referred to the Commit-
tee on Environmental Conservation -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported and referred to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the environmental conservation law and the executive
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 poses a serious threat
to the economic well-being, public health, natural resources and envi-
ronment of New York. The potential adverse impacts of global warming
include the exacerbation of air quality problems, a reduction in the
quality and supply of 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, tour-
ism, skiing, recreational and commercial fishing and forestry.
The Intergovernmental Panel on Climate Change, awarded the 2007 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 if green-
house 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.
National and international actions are necessary to fully address the
issue 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD11191-15-0
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such as solar, wind, geothermal and ocean currents. New York state
needs to continue its leadership in addressing global warming; building
on the progress gained by creating the regional greenhouse gas initi-
ative. The legislature recognizes the steps taken by the state in moving
forward on the Renewable Portfolio Standard (RPS) to generate thirty
percent of our energy needs from renewable sources by 2015, the energy
efficiency portfolio standard to reduce electric usage by fifteen
percent by 2015, and the work of the state climate action plan to reduce
our greenhouse gas emissions.
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. SHORT TITLE.
19-1303. DEFINITIONS.
19-1305. GREENHOUSE GAS REPORTING.
19-1307. GREENHOUSE GAS LIMITS.
S 19-1301. SHORT TITLE.
THIS TITLE MAY BE CITED AS THE "GLOBAL WARMING POLLUTION CONTROL ACT".
S 19-1303. 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. "GREENHOUSE GAS EMISSION SOURCE" MEANS ANY SOURCE OR CATEGORY OF
SOURCES OF GREENHOUSE GAS EMISSIONS AND SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO EMISSIONS:
(A) ASSOCIATED WITH FOSSIL FUELS USED IN THE STATE BY ENTITIES THAT
ARE MANUFACTURERS AND DISTRIBUTORS OF FOSSIL FUELS;
(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; AND
(C) FROM ANY ADDITIONAL ENTITIES THAT ARE SIGNIFICANT EMITTERS OF
GREENHOUSE GASES, AS DETERMINED BY THE DEPARTMENT, AND APPROPRIATE TO
ENABLE THE DEPARTMENT TO MONITOR COMPLIANCE WITH THE EMISSIONS LIMITS
FOR GREENHOUSE GASES ESTABLISHED PURSUANT TO THIS TITLE.
S 19-1305. GREENHOUSE GAS REPORTING.
1. NO LATER THAN MAY 1, 2011, THE DEPARTMENT SHALL PROMULGATE RULES
AND REGULATIONS REQUIRING ANNUAL GREENHOUSE GAS EMISSIONS REPORTING FROM
GREENHOUSE GAS EMISSION SOURCES. THE REGULATIONS SHALL:
(A) INCLUDE GREENHOUSE GAS EMISSIONS FROM ALL 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;
(C) ENSURE THAT EACH GREENHOUSE GAS EMISSION SOURCE MAINTAINS COMPRE-
HENSIVE EMISSIONS RECORDS OF ANY GREENHOUSE GAS REPORTED FOR AT LEAST
THREE YEARS; AND
(D) NOT REQUIRE THE REPORTING OF GREENHOUSE GAS EMISSIONS FROM AGRI-
CULTURAL SOURCES THAT ARE EXEMPT FROM ENVIRONMENTAL PROTECTION AGENCY
REPORTING REQUIREMENTS UNDER RULE 40 CFR 98.
2. THE DEPARTMENT SHALL:
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(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.
3. NO LATER THAN JANUARY 1, 2013, AND EVERY THREE YEARS THEREAFTER,
THE DEPARTMENT SHALL ISSUE A REPORT ON:
(A) THE ANNUAL GREENHOUSE GAS EMISSIONS FROM ALL SIGNIFICANT GREEN-
HOUSE GAS EMISSION SOURCES, INCLUDING THE RELATIVE CONTRIBUTION OF EACH
GREENHOUSE GAS EMISSION SOURCE TO STATEWIDE GREENHOUSE GAS EMISSIONS;
AND
(B) THE PROGRESS MADE BY THE STATE IN ACHIEVING THE REQUIREMENTS OF
SECTION 19-1307 OF THIS TITLE.
S 19-1307. GREENHOUSE GAS LIMITS.
1. NO LATER THAN JANUARY 1, 2013, THE DEPARTMENT, AFTER PUBLIC HEAR-
INGS, SHALL PROMULGATE RULES AND REGULATIONS SETTING AN ENFORCEABLE
LIMIT ON THE AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FROM ALL GREEN-
HOUSE GAS EMISSION SOURCES AS ESTABLISHED BY THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY'S NEW YORK STATE ECONOMY-WIDE GREEN
HOUSE GAS EMISSIONS INVENTORY WHICH SHALL ANNUALLY BE UPDATED AND MADE
PUBLIC, PROVIDED, HOWEVER, THE AGGREGATE LIMIT SHALL BE EQUIVALENT TO
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, 2030 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 40 PERCENT.
(C) NO LATER THAN JANUARY 1, 2030, THE DEPARTMENT, BASED ON FINDINGS
FROM THE CLIMATE ACTION COUNCIL AND SUBJECT TO PUBLIC HEARINGS, SHALL
MAKE A RECOMMENDATION TO THE GOVERNOR AND THE LEGISLATURE TO ENACT A LAW
SETTING AN ENFORCEABLE LIMIT ON THE AGGREGATE LEVEL OF GREENHOUSE GAS
EMISSIONS FROM ALL GREENHOUSE GAS EMISSION SOURCES TO BE ESTABLISHED ON
JANUARY 1, 2040 THAT MAXIMIZES THE ABILITY OF THE STATE TO MEET THE
STATEWIDE EMISSION LIMIT STATED IN PARAGRAPH (D) OF THIS SUBDIVISION.
(D) 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 AND TO IMPLEMENT THE CLIMATE ACTION PLAN CREATED BY THE CLIMATE
ACTION COUNCIL PURSUANT TO ARTICLE TWENTY-ONE-C OF THE EXECUTIVE LAW
MUST:
(A) BE ADOPTED IN AN OPEN PUBLIC PROCESS;
(B) ACHIEVE EMISSION REDUCTIONS FROM SOURCES IN A MANNER THAT IS EQUI-
TABLE, SEEKS TO MINIMIZE COSTS AND MAXIMIZE THE TOTAL BENEFITS TO THE
STATE, AND ENCOURAGE EARLY ACTION TO REDUCE GREENHOUSE GAS EMISSIONS;
(C) CONSIDER OVERALL SOCIETAL BENEFITS, INCLUDING REDUCTIONS IN OTHER
AIR POLLUTANTS, DIVERSIFICATION OF ENERGY SOURCE, AND OTHER BENEFITS TO
THE ECONOMY, ENVIRONMENT, AND PUBLIC HEALTH;
(D) CONSIDER THE SIGNIFICANCE OF THE CONTRIBUTION OF EACH SOURCE OR
CATEGORY OF SOURCES TO STATEWIDE EMISSIONS OF GREENHOUSE GASES;
(E) CONSIDER UTILIZING APPROACHES WHICH ARE DESIGNED TO AVOID UNDUE
DELETERIOUS ECONOMIC EFFECTS OR OVERLY BURDENSOME IMPACTS UPON PERSONS
DIRECTLY OR INDIRECTLY AFFECTED BY THE RULE OR REGULATION OR UPON THE
ECONOMY OR ADMINISTRATION OF STATE OR LOCAL GOVERNMENT AGENCIES;
(F) NOT PLACE OR INCREASE AN ADDITIONAL ENVIRONMENTAL OR HEALTH BURDEN
ON A COMMUNITY THAT HAS A SIGNIFICANT LEVEL OF REGULATED AIR CONTAMINANT
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SOURCE EMISSIONS WITHIN THE COMMUNITY AS COMPARED WITH THE COUNTY AVER-
AGE;
(G) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS; AND
(H) 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.
(I) TAKE INTO ACCOUNT ACTIONS TAKEN BY ENTITIES THAT HAVE VOLUNTARILY
AND NOT UNDER REQUIREMENTS OF OTHER STATE GREENHOUSE GAS REDUCTION
PROGRAMS, REDUCED THEIR GREENHOUSE GAS EMISSIONS PRIOR TO THE IMPLEMEN-
TATION OF THIS TITLE RECEIVE APPROPRIATE CREDIT FOR EARLY VOLUNTARY
REDUCTIONS.
S 3. The executive law is amended by adding a new article 21-C to read
as follows:
ARTICLE 21-C
CLIMATE ACTION COUNCIL
SECTION 615. LEGISLATIVE INTENT.
616. CLIMATE ACTION COUNCIL; CREATION; MEMBERSHIP.
617. GENERAL FUNCTIONS; POWERS AND DUTIES.
S 615. LEGISLATIVE INTENT. IT SHALL BE THE 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. TO THAT END, THE CLIMATE
ACTION COUNCIL IS NEEDED TO FORM AND COORDINATE A PLAN TO REDUCE SUCH
EMISSIONS. THE CLIMATE ACTION COUNCIL AND ITS PLAN FOR REDUCING SUCH
EMISSIONS IS NOT INTENDED TO BE STATIC, BUT RATHER A DYNAMIC AND CONTIN-
UALLY EVOLVING STRATEGY TO ASSESS AND ACHIEVE THE GOAL OF SUSTAINED
REDUCTIONS OF GREENHOUSE GAS EMISSIONS.
S 616. CLIMATE ACTION COUNCIL; CREATION; MEMBERSHIP. 1. THERE IS
HEREBY CREATED A CLIMATE ACTION COUNCIL ("COUNCIL") CONSISTING OF THE
COMMISSIONERS OF AGRICULTURE AND MARKETS, ECONOMIC DEVELOPMENT, ENVIRON-
MENTAL CONSERVATION, HOUSING AND COMMUNITY RENEWAL, AND TRANSPORTATION;
THE CHAIRS OF THE PUBLIC SERVICE COMMISSION AND THE METROPOLITAN TRANS-
PORTATION 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; PLUS SIX ADDITIONAL
MEMBERS WITH INDIVIDUAL EXPERTISE IN AGRICULTURE, ECONOMIC DEVELOPMENT,
ENVIRONMENTAL CONSERVATION, HOUSING, TRANSPORTATION, AND ENERGY ISSUES,
WHO SHALL BE APPOINTED AS FOLLOWS; TWO MEMBERS BY THE TEMPORARY PRESI-
DENT OF THE SENATE, TWO MEMBERS BY THE SPEAKER OF THE ASSEMBLY, ONE
MEMBER BY THE MINORITY LEADER OF THE SENATE AND ONE MEMBER BY THE MINOR-
ITY LEADER OF THE ASSEMBLY. ALL SUCH APPOINTMENTS SHALL BE MADE BY
FEBRUARY FIRST, TWO THOUSAND ELEVEN. THE DIRECTOR OF STATE OPERATIONS
SHALL SERVE AS THE CHAIR OF THE COUNCIL.
2. 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
THEIR REPRESENTATIVES. THE APPOINTED MEMBERS OF THE COUNCIL SHALL SERVE
FOUR YEAR TERMS. VACANCIES TO THE COUNCIL SHALL BE FILLED IN THE SAME
MANNER AS THE MEMBER WHOSE VACANCY IS BEING FILLED WAS APPOINTED.
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S 617. GENERAL FUNCTIONS; POWERS AND DUTIES. 1. THE COUNCIL SHALL
PREPARE A DRAFT CLIMATE ACTION PLAN ON OR BEFORE SEPTEMBER THIRTIETH,
TWO THOUSAND TEN. THE COUNCIL SHALL HOLD REGIONAL PUBLIC COMMENT HEAR-
INGS ON THE DRAFT PLAN, AND SHALL ALLOW AT LEAST SIXTY DAYS FOR THE
SUBMISSION OF PUBLIC COMMENT. ON OR BEFORE SEPTEMBER THIRTIETH, TWO
THOUSAND FIFTEEN AND EVERY FIVE YEARS THEREAFTER, THE COUNCIL SHALL
UPDATE THE FINAL CLIMATE ACTION PLAN, WHICH ADDRESSES EACH ITEM IDENTI-
FIED IN SUBDIVISION TWO OF THIS SECTION. THE CLIMATE ACTION PLAN WHICH
SHALL BE REVIEWED AND, IF WARRANTED, ADJUSTED ANNUALLY BY THE COUNCIL,
SHALL INCLUDE A DISCUSSION AND EVALUATION OF THE ABILITY OF THE STATE
AND PRIVATE MARKETS TO IMPLEMENT THE POLICIES, PROGRAMS, AND OTHER
RECOMMENDATIONS AS FOUND IN THE CLIMATE ACTION PLAN, AND RECOMMENDATIONS
FOR NEW OR AMENDED POLICIES AS NEEDED TO CONTINUE SUCCESSFUL MOVEMENT
TOWARDS IMPLEMENTATION AND REALIZATION OF SUCH POLICES AND PROGRAMS.
2. 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-
NESS AND RESIDENTS FROM IMPLEMENTATION OF EACH OPTION AND ACTION;
E. IDENTIFY WHETHER SUCH ACTIONS SUPPORT NEW YORK'S GOALS FOR A CLEAN
ENERGY ECONOMY, INCLUDING SPECIFIC SHORT-TERM AND LONG-TERM ECONOMIC
DEVELOPMENT OPPORTUNITIES AND DISADVANTAGES RELATED TO GREENHOUSE GAS
EMISSION REDUCTIONS AND THE DEVELOPMENT AND DEPLOYMENT OF NEW AND EMERG-
ING TECHNOLOGIES AND ENERGY SOURCES INCLUDING IDENTIFYING THE AVAILABIL-
ITY AND COST EFFECTIVENESS OF BEST AVAILABLE CONTROL TECHNOLOGIES;
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 ECOSYSTEM BASED ADAPTION TO CLIMATE CHANGE, AND RECOMMEND
MEASURES NEEDED TO ADDRESS ANY SUCH CONSTRAINTS. RECOMMENDATIONS SHOULD
CONSIDER SUCH FACTORS INCLUDING BUT NOT LIMITED TO FEASIBILITY, SOCIOE-
CONOMIC AND NATURAL RESOURCE VALUES; PUBLIC HEALTH IMPACTS; COMMUNITY
CHARACTER AND THE IMPACT RESULTING FROM INACTION.
H. 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;
I. 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;
J. ESTABLISH ESTIMATED TIMELINES FOR CONSIDERING AND IMPLEMENTING
ACTIONS; AND
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K. UNDERTAKE SUCH ACTIONS, AND COMPILE SUCH ADDITIONAL MATERIAL, AS
DEEMED APPROPRIATE BY THE COUNCIL IN CARRYING OUT ITS RESPONSIBILITIES
UNDER THIS SECTION.
3. 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
SECTION.
4. THE COUNCIL MAY CONVENE ADVISORY PANELS TO ASSIST OR ADVISE IT IN
AREAS REQUIRING SPECIAL EXPERTISE OR KNOWLEDGE.
S 4. This act shall take effect immediately.