NY State Senate Bill S4315C

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2010	print number 4315c
Jun 18, 2010	amend and recommit to finance print number 4315b
Jun 18, 2010	amend and recommit to finance
May 03, 2010	notice of committee consideration - requested
Jan 22, 2010	print number 4315a
Jan 22, 2010	amend and recommit to finance
Jan 20, 2010	reported and committed to finance
Jan 06, 2010	referred to environmental conservation
Sep 10, 2009	committee discharged and committed to rules
May 05, 2009	reported and committed to finance
Apr 21, 2009	referred to environmental conservation

Votes

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Jan 20, 2010 - Environmental Conservation committee Vote

S4315

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

view additional co-sponsors

S4315 - Details

See Assembly Version of this Bill:: A11507
Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 19 Title 13 §§19-1301 - 19-1307, En Con L; add Art 21-C §§615 - 617, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2742
2013-2014: S735
2015-2016: S933
2017-2018: S1584

S4315 - Summary

Relates to global warming pollution control; establishes greenhouse gas limits and a greenhouse gas reporting system.

S4315 - Sponsor Memo

 BILL NUMBER:  S4315

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
global warming pollution control

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to require the Department of Environmental
Conservation (DEC) to promulgate rules and regulations establishing
limits on greenhouse gas emissions.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would:

* define greenhouse gas to include carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluroide, and
any other gas determined by the DEC to be a significant contributor to
global warming;

* authorize the DEC to promulgate rules and regulations, by May 1,
2010, requiring annual greenhouse gas emission reporting from
greenhouse gas emission sources;

* require the DEC to issue a report on the annual greenhouse gas
emissions and the progress made in achieving reduction efforts;

* require the DEC, after a public hearing, to promulgate rules and
regulations establishing a limit on greenhouse gas emissions;

* require the emissions limit to:
- be less than the aggregate level of emissions for 1990;
- decrease by an additional ten percent every 5 years, beginning with
a reduction of 20 percent by 2020; and,
- be less than 80 percent of the initial limit by 2050

* prohibit the DEC from adopting a regulation that would place or
increase an additional environmental or health burden on a community
that has a higher level of regulated air contaminant source emissions
within the community as compared with the county average; and,

* require the DEC to include a plan to address adaptation to climate
change

 JUSTIFICATION :

Global warming will have detrimental effects on the economic
well-being, public health, natural resources and the environment. The
Intergovernmental Panel on Climate Change, awarded the 2007 Nobel
Peace Prize, projected that temperatures would rise more rapidly if
greenhouse 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. This legislation seeks to
accomplish that goal and at the same time provide opportunity for
public involvement and input into the regulatory process in order to
ensure that the resulting emission limits do not impose undue
environmental or economic hardship. Seven other states have adopted
laws to establish greenhouse gas emission standards.

 PRIOR LEGISLATIVE HISTORY :

2008: A.10303 (Sweeney) - Passed the Assembly.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

S4315 - Bill Text download pdf

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

                                  4315

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced  by Sen. THOMPSON -- 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.
                                                           LBD11191-01-9

S. 4315                             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. 4315                             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, 2012, 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.  (A) ON JANUARY 1, 2020 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 20 PERCENT.
  (B) ON JANUARY 1, 2025 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
THIS SECTION SHALL BE REDUCED BY 30 PERCENT.
  (C)  ON  JANUARY  1,  2030 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 40 PERCENT.
  (D) ON JANUARY 1, 2035 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
THIS SECTION SHALL BE REDUCED BY 50 PERCENT.
  (E)  ON  JANUARY  1,  2040 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 60 PERCENT.
  (F) ON JANUARY 1, 2045 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
THIS SECTION SHALL BE REDUCED BY 70 PERCENT.
  (G)  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 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;
  (B) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS; AND
  (C) 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.
  S 3. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S4315A - Details

See Assembly Version of this Bill:: A11507
Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 19 Title 13 §§19-1301 - 19-1307, En Con L; add Art 21-C §§615 - 617, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2742
2013-2014: S735
2015-2016: S933
2017-2018: S1584

S4315A - Summary

Relates to global warming pollution control; establishes greenhouse gas limits and a greenhouse gas reporting system.

S4315A - Sponsor Memo

 BILL NUMBER:  S4315A

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
global warming pollution control


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to require the Department of Environmental
Conservation (DEC) to promulgate rules and regulations establishing
limits on greenhouse gas emissions.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would:

* define greenhouse gas to include carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluroide, and
any other gas determined by the DEC to be a significant contributor to
global warming;

* authorize the DEC to promulgate rules and regulations, by May 1,
2010, requiring annual greenhouse gas emission reporting from
greenhouse gas emission sources;

* require the DEC to issue a report on the annual greenhouse gas
emissions and the progress made in achieving reduction efforts;

* require the DEC, after a public hearing, to promulgate rules and
regulations establishing a limit on greenhouse gas emissions;

* require the emissions limit to:
- be less than the aggregate level of emissions for 1990;
- decrease by an additional ten percent every 5 years, beginning with
a reduction of 20 percent by 2020; and,
- be less than 80 percent of the initial limit by 2050

* prohibit the DEC from adopting a regulation that would place or
increase an additional environmental or health burden on a community
that has a higher level of regulated air contaminant source emissions
within the community as compared with the county average; and,

* require the DEC to include a plan to address adaptation to climate
change.

 JUSTIFICATION :
Global warming will have detrimental effects on the economic
well-being, public health, natural resources and the environment. The
Intergovernmental Panel on Climate Change, awarded the 2007 Nobel
Peace Prize, projected that temperatures would rise more rapidly if
greenhouse 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. This legislation seeks to
accomplish that goal and at the same time provide opportunity for
public involvement and input into the regulatory process in order to
ensure that the resulting emission limits do not impose undue
environmental or economic hardship. Seven other states have adopted
laws to establish greenhouse gas emission standards.

 PRIOR LEGISLATIVE HISTORY :
2008: A.10303 (Sweeney) - Passed the Assembly.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

S4315A - Bill Text download pdf

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

                                 4315--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced  by  Sens.  THOMPSON,  ADAMS,  ADDABBO, BRESLIN, DIAZ, DILAN,
  DUANE, ESPADA, FOLEY, FUSCHILLO, HASSELL-THOMPSON,  HUNTLEY,  KRUEGER,
  LAVALLE, LEIBELL, MONSERRATE, MONTGOMERY, MORAHAN, ONORATO, OPPENHEIM-
  ER,  PADAVAN, PARKER, PERKINS, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO,
  SQUADRON, STAVISKY, STEWART-COUSINS -- 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 -- reported  favorably
  from  said  committee  and  committed  to  the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11191-02-0

S. 4315--A                          2

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.
  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, 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; 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

S. 4315--A                          3

  (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 GREENHOUSE GAS  EMIS-
SION SOURCES, INCLUDING THE RELATIVE CONTRIBUTION OF EACH GREENHOUSE GAS
EMISSION SOURCE TO STATEWIDE GREENHOUSE GAS EMISSIONS; AND
  (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, 2013, 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. (A) ON JANUARY 1, 2020 THE LIMIT ESTABLISHED IN SUBDIVISION ONE  OF
THIS SECTION SHALL BE REDUCED BY 20 PERCENT.
  (B)  ON  JANUARY  1,  2025 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 30 PERCENT.
  (C) ON JANUARY 1, 2030 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
THIS SECTION SHALL BE REDUCED BY 40 PERCENT.
  (D)  ON  JANUARY  1,  2035 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 50 PERCENT.
  (E) ON JANUARY 1, 2040 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
THIS SECTION SHALL BE REDUCED BY 60 PERCENT.
  (F)  ON  JANUARY  1,  2045 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 70 PERCENT.
  (G) 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 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;
  (B) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS; AND
  (C)  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.
  S 3. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S4315B - Details

See Assembly Version of this Bill:: A11507
Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 19 Title 13 §§19-1301 - 19-1307, En Con L; add Art 21-C §§615 - 617, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2742
2013-2014: S735
2015-2016: S933
2017-2018: S1584

S4315B - Summary

Relates to global warming pollution control; establishes greenhouse gas limits and a greenhouse gas reporting system.

S4315B - Sponsor Memo

BILL NUMBER:S4315B

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to global
warming pollution control

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require the Department of Environmental
Conservation (DEC) to promulgate rules and regulations establishing
limits on greenhouse gas emissions.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

* define greenhouse gas to include carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluroide, and
any other gas determined by the DEC
to be a significant contributor
to global warming;

* authorize the DEC to promulgate rules and regulations, by May 1,
2011, requiring annual greenhouse gas emission reporting from
greenhouse gas emission sources;

* require the DEC to issue a report on the annual greenhouse gas

emissions and the progress made in achieving reduction efforts;

* require the DEC, after a public hearing, to promulgate rules and
regulations establishing a limit on greenhouse gas emissions;

* require the emissions limit to:
- be less than the aggregate level of emissions for 1990;
- decrease by an additional twenty percent by 2020 and forty percent
by 2030; and,
- decrease by a percentage recommended by the climate action
council and established by the Governor and legislature in 2040; and
be less than 80 percent of the initial limit by 2050

* prohibit the DEC from adopting a regulation that would place or
increase an additional environmental or health burden on a community
that has a higher level of regulated air contaminant source emissions
within the community as compared with the county average; and,

* require the DEC to include a plan to address adaptation to climate
change.

* codifies Executive Order #24 creating a climate action council
and
requiring the development of a climate action plan that is to be
updated every five years.

JUSTIFICATION:
Global warming will have detrimental effects on the economic
well-being, public health, natural resources and the environment. The
Intergovernmental Panel on Climate Change, awarded the 2007 Nobel
Peace Prize, projected that temperatures would rise more rapidly if
greenhouse 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. This legislation seeks
to accomplish that goal and at the same time provide opportunity for
public involvement and input into the regulatory process in order to
ensure that the resulting emission limits do not impose undue
environmental or economic hardship. Seven other states have adopted
laws to establish greenhouse gas emission standards.

PRIOR LEGISLATIVE HISTORY:
2009: S.4315-A Thompson  Rules
      A.7572-A Sweeney   Passed the Assembly
2008: S.8100   Thompson  Environmental Conservation
      A.10303  Sweeney   Passed the Assembly

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S4315B - Bill Text download pdf

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

                                 4315--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced  by  Sens.  THOMPSON,  ADAMS,  ADDABBO, BRESLIN, DIAZ, DILAN,
  DUANE, ESPADA, FOLEY,  FUSCHILLO,  HASSELL-THOMPSON,  HUNTLEY,  KLEIN,
  KRUEGER,  LAVALLE, LEIBELL, MONTGOMERY, MORAHAN, ONORATO, OPPENHEIMER,
  PADAVAN, PARKER,  PERALTA,  PERKINS,  SAMPSON,  SAVINO,  SCHNEIDERMAN,
  SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental  Conservation  -- recommitted to the Committee on Environmental
  Conservation in accordance with Senate Rule  6,  sec.  8  --  reported
  favorably  from  said  committee  and  committed  to  the Committee on
  Finance -- committee discharged, bill amended,  ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11191-08-0

S. 4315--B                          2

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.   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;

S. 4315--B                          3

  (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:
  (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;

S. 4315--B                          4

  (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
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

S. 4315--B                          5

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.
  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 ADAPTING TO CLIMATE CHANGE, AND RECOMMEND MEASURES NEEDED TO
ENSURE ECOSYSTEM BASED ADOPTION TO ADDRESS ANY SUCH CONSTRAINTS;
  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;

S. 4315--B                          6

  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
  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.

Co-Sponsors

view additional co-sponsors

S4315C (ACTIVE) - Details

See Assembly Version of this Bill:: A11507
Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 19 Title 13 §§19-1301 - 19-1307, En Con L; add Art 21-C §§615 - 617, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2742
2013-2014: S735
2015-2016: S933
2017-2018: S1584

S4315C (ACTIVE) - Summary

Relates to global warming pollution control; establishes greenhouse gas limits and a greenhouse gas reporting system.

S4315C (ACTIVE) - Sponsor Memo

BILL NUMBER:S4315C

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
global warming pollution control

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require the Department of Environmental
Conservation (DEC) to promulgate rules and regulations establishing
limits on greenhouse gas emissions.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

* define greenhouse gas to include carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluroide, and
any other gas determined by the DEC to be a significant contributor to
global warming;

* authorize the DEC to promulgate rules and regulations, by May 1,
2011, requiring annual greenhouse gas emission reporting from
greenhouse gas emission sources;

* require the DEC to issue a report on the annual greenhouse gas
emissions and the progress made in achieving reduction efforts;

* require the DEC, after a public hearing, to promulgate rules and
regulations establishing a limit on greenhouse gas emissions;

* require the emissions limit to:
be less than the aggregate level of emissions for 1990; - decrease by
an additional twenty percent by 2020 and forty percent by 2030; and,
- decrease by a percentage recommended by the climate action council
and established by the Governor and legislature in 2040; and be less
than 80 percent of the initial limit by 2050

* prohibit the DEC from adopting a regulation that would place or
increase an additional environmental or health burden on a community
that has a higher level of regulated air contaminant source emissions
within the community as compared with the county average; and,

* require the DEC to include a plan to address adaptation to climate
change.

* codifies Executive Order
24 creating a climate action council and requiring the development of
a climate action plan that is to be updated every five years.

JUSTIFICATION:
Global warming will have detrimental effects on the economic
well-being, public health, natural resources and the environment. The
Intergovernmental Panel on Climate Change, awarded the 2007 Nobel
Peace Prize, projected that temperatures would rise more rapidly if
greenhouse 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. This legislation seeks to


accomplish that goal and at the same time provide opportunity for
public involvement and input into the regulatory process in order to
ensure that the resulting emission limits do not impose undue
environmental or economic hardship. Seven other states have adopted
laws to establish greenhouse gas emission standards.

PRIOR LEGISLATIVE HISTORY:
2009: S.4315-A Thompson  Rules
      A.7572-A Sweeney   Passed the Assembly
2008: S.8100   Thompson  Environmental Conservation
      A.10302  Sweeney   Passed the Assembly

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S4315C (ACTIVE) - Bill Text download pdf

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

                                 4315--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced  by  Sens.  THOMPSON,  ADAMS,  ADDABBO, BRESLIN, DIAZ, DILAN,
  DUANE, ESPADA, FOLEY,  FUSCHILLO,  HASSELL-THOMPSON,  HUNTLEY,  KLEIN,
  KRUEGER,  LAVALLE, LEIBELL, MONTGOMERY, MORAHAN, ONORATO, OPPENHEIMER,
  PADAVAN, PARKER,  PERALTA,  PERKINS,  SAMPSON,  SAVINO,  SCHNEIDERMAN,
  SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental  Conservation  -- recommitted to the Committee on Environmental
  Conservation in accordance with Senate Rule  6,  sec.  8  --  reported
  favorably  from  said  committee  and  committed  to  the Committee on
  Finance -- committee discharged, bill amended,  ordered  reprinted  as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11191-09-0

S. 4315--C                          2

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.    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;

S. 4315--C                          3

  (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:
  (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;

S. 4315--C                          4

  (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
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

S. 4315--C                          5

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.
  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

S. 4315--C                          6

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
  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.

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The New York State Senate

senate Bill S4315C

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senate Bill S4315C

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

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Jan 20, 2010 - Environmental Conservation committee Vote

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