The New York State Senate

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

                                  11507

                          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) --
  read once and referred 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.
  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

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

                                                           LBD11191-06-0

A. 11507                            2

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;
  (C)  ENSURE THAT EACH GREENHOUSE GAS EMISSION SOURCE MAINTAINS COMPRE-
HENSIVE EMISSIONS RECORDS OF ANY GREENHOUSE GAS REPORTED  FOR  AT  LEAST
FIVE 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 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.

A. 11507                            3

  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  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 NOT BE GREATER THAN
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 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
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.
  S  3.  The  environmental  conservation law is amended by adding a new
article 6 to read as follows:
                                ARTICLE 6
                         CLIMATE ACTION COUNCIL
SECTION 6-0101. LEGISLATIVE INTENT.
        6-0103. CLIMATE ACTION COUNCIL; CREATION; MEMBERSHIP.
        6-0105. GENERAL FUNCTIONS; POWERS AND DUTIES.
S 6-0101. LEGISLATIVE INTENT.

A. 11507                            4

  IT SHALL BE THE GOAL OF THE STATE OF NEW YORK TO REDUCE CURRENT GREEN-
HOUSE 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 CONTINUALLY EVOLVING STRATEGY TO ASSESS
AND  ACHIEVE  THE  GOAL  OF SUSTAINED REDUCTIONS OF GREENHOUSE GAS EMIS-
SIONS.
S 6-0103. 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, ENVIRONMENTAL CONSERVATION, HOUSING AND COMMUNITY  RENEWAL,
AND  TRANSPORTATION; THE CHAIRS OF THE PUBLIC SERVICE COMMISSION AND THE
METROPOLITAN TRANSPORTATION AUTHORITY; THE PRESIDENTS OF  THE  NEW  YORK
STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY,  LONG ISLAND POWER
AUTHORITY, NEW YORK POWER AUTHORITY AND DORMITORY AUTHORITY OF THE STATE
OF NEW YORK; THE SECRETARY OF STATE; THE DIRECTOR  OF  THE  BUDGET;  THE
DIRECTOR  OF STATE OPERATIONS; AND THE COUNSEL TO THE GOVERNOR; 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  PRESIDENT  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 MINORITY LEADER OF THE ASSEMBLY. ALL SUCH APPOINTMENTS  SHALL  BE
MADE  BY  JANUARY 1, 2011.  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 6-0105. 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  HEARINGS  ON  THE  DRAFT PLAN, AND SHALL ALLOW AT LEAST
SIXTY DAYS FOR THE SUBMISSION OF PUBLIC COMMENT.  ON OR BEFORE SEPTEMBER
30, 2015 AND EVERY FIVE YEARS THEREAFTER, THE COUNCIL SHALL  UPDATE  THE
FINAL  CLIMATE  ACTION  PLAN,  WHICH  ADDRESSES  EACH ITEM IDENTIFIED 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 RECOMMEN-
DATIONS 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

A. 11507                            5

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 CLEAN
ENERGY IN THE NEW ECONOMY, INCLUDING SPECIFIC SHORT-TERM  AND  LONG-TERM
ECONOMIC  DEVELOPMENT  OPPORTUNITIES AND DISADVANTAGES RELATED TO GREEN-
HOUSE GAS EMISSION REDUCTIONS AND THE DEVELOPMENT AND DEPLOYMENT OF  NEW
AND  EMERGING  TECHNOLOGIES AND ENERGY SOURCES INCLUDING IDENTIFYING THE
AVAILABILITY AND COST EFFECTIVENESS OF BEST AVAILABLE CONTROL  TECHNOLO-
GIES;
  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.  ESTABLISH  ESTIMATED  TIMELINES  FOR  CONSIDERING AND IMPLEMENTING
ACTIONS; AND
  I. 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.

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

                                11507--A

                          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) --
  read once and referred to the Committee on Environmental  Conservation
  --  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
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-

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

                                                           LBD11191-12-0

A. 11507--A                         2

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:
  (A) PERIODICALLY REVIEW AND UPDATE ITS EMISSION REPORTING REQUIREMENTS
AT LEAST EVERY FIVE YEARS; AND

A. 11507--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  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
SOURCE  EMISSIONS WITHIN THE COMMUNITY AS COMPARED WITH THE COUNTY AVER-
AGE;
  (G) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS; AND

A. 11507--A                         4

  (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.
  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

A. 11507--A                         5

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;
  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

A. 11507--A                         6

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.