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

                                  1209

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 27, 2009
                               ___________

Introduced  by  Sens. THOMPSON, DUANE, KRUEGER, ONORATO, PARKER, PERKINS
  -- 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
  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
such as solar, wind, geothermal and ocean currents.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04747-01-9
              

S. 1209                             2

  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, INCLUDING, BUT NOT
LIMITED TO, OIL REFINERIES, OIL  STORAGE  FACILITIES,  AND  NATURAL  GAS
PIPELINES;
  (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  EMITTERS  OF  GREENHOUSE
GASES,  AS  DETERMINED  BY THE DEPARTMENT, AND APPROPRIATE TO ENABLE THE
DEPARTMENT TO MONITOR COMPLIANCE WITH THE EMISSIONS  LIMITS  FOR  GREEN-
HOUSE GASES ESTABLISHED PURSUANT TO THIS TITLE.
S 19-1305. GREENHOUSE GAS REPORTING.
  1.  NO  LATER  THAN MAY 1, 2010, 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; AND
  (C)  ENSURE THAT EACH GREENHOUSE GAS EMISSION SOURCE MAINTAINS COMPRE-
HENSIVE EMISSIONS RECORDS OF ANY GREENHOUSE GAS REPORTED  FOR  AT  LEAST
FIVE YEARS.
  2. THE DEPARTMENT SHALL:
  (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, 2012, AND EVERY  THREE  YEARS  THEREAFTER,
THE DEPARTMENT SHALL ISSUE A REPORT ON:
  (A)  THE ANNUAL GREENHOUSE GAS EMISSIONS FROM ALL GREENHOUSE GAS EMIS-
SION SOURCES, INCLUDING THE RELATIVE CONTRIBUTION OF EACH GREENHOUSE GAS
EMISSION SOURCE TO STATEWIDE GREENHOUSE GAS EMISSIONS; AND

S. 1209                             3

  (B) THE PROGRESS MADE BY THE DEPARTMENT IN ACHIEVING THE  REQUIREMENTS
OF SECTION 19-1307 OF THIS TITLE.
S 19-1307. GREENHOUSE GAS LIMITS.
  1. NO LATER THAN JANUARY 1, 2015, THE DEPARTMENT, AFTER A PUBLIC HEAR-
ING, SHALL PROMULGATE RULES AND REGULATIONS SETTING AN ENFORCEABLE LIMIT
ON  THE  AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FROM ALL GREENHOUSE
GAS EMISSION SOURCES PROVIDED, HOWEVER, THE AGGREGATE LIMIT SHALL NOT BE
GREATER THAN THE AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FOR  CALEN-
DAR YEAR 1990.
  2. ON JANUARY 1, 2016 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF THIS
SECTION  SHALL  BE  REDUCED  BY 2.3 PERCENT. EVERY YEAR ON JANUARY FIRST
THEREAFTER, THE LIMIT OF THE PREVIOUS YEAR SHALL BE REDUCED BY AN  ADDI-
TIONAL  2.3  PERCENT  OF THE LIMIT ORIGINALLY ESTABLISHED BY SUBDIVISION
ONE OF THIS SECTION.
  3. ON JANUARY 1, 2051, AND  EACH  YEAR  THEREAFTER,  THE  LIMIT  SHALL
REMAIN  AT  80 PERCENT BELOW THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION.
  4. ANY RULE OR REGULATION THE COMMISSIONER ADOPTS TO COMPLY WITH  THIS
SECTION MUST:
  (A) NOT PLACE OR INCREASE AN ADDITIONAL ENVIRONMENTAL OR HEALTH BURDEN
ON    A  COMMUNITY THAT HAS A SIGNIFICANT LEVEL OF REGULATED AIR CONTAM-
INANT SOURCE EMISSIONS WITHIN THE COMMUNITY AS COMPARED WITH THE  COUNTY
AVERAGE; AND
  (B) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS.
  S 3. This act shall take effect immediately.