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Assembly Bill A2213

2009-2010 Legislative Session

Regulation of providers of carbon offset services

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Archive: Last Bill Status - In Assembly Committee

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2009-A2213 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add ยง392-j, Gen Bus L

2009-A2213 (ACTIVE) - Summary

Provides for regulation of providers of carbon offset services; requires secretary of state and commissioner of environmental conservation to establish licensing requirements for any carbon offset provider offering offset services; requires procedures to regulate such providers.

2009-A2213 (ACTIVE) - Bill Text download pdf 

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

                                  2213

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. DINOWITZ, FIELDS, BENEDETTO, COLTON, BROOK-KRAS-
  NY, LAVINE, BOYLAND, STIRPE, CLARK -- Multi-Sponsored by -- M.  of  A.
  BENJAMIN,  FINCH, GABRYSZAK, GOTTFRIED, JAFFEE, MAISEL, MARKEY, MAYER-
  SOHN, McENENY, SPANO, THIELE -- read once and referred to the  Commit-
  tee on Economic Development, Job Creation, Commerce and Industry

AN  ACT to amend the general business law, in relation to the regulation
  of providers of carbon offset services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
392-j to read as follows:
  S 392-J. CARBON OFFSET SERVICE. 1. FOR PURPOSES OF THIS SECTION:
  (A)  "CARBON  OFFSET"  SHALL  MEAN  THE MEANS BY WHICH A CARBON OFFSET
PROVIDER ATTEMPTS TO REDUCE THE NET CARBON EMISSIONS OF AN INDIVIDUAL OR
ORGANIZATION. SUCH MEANS SHALL INCLUDE, BUT NOT BE LIMITED TO  PROVIDING
RENEWABLE  ENERGY,  INCREASING  ENERGY EFFICIENCY, OR PARTICIPATING IN A
REFORESTATION PROJECT;
  (B) "CARBON OFFSET PROVIDER" SHALL MEAN ANY PERSON, PARTNERSHIP,  FIRM
OR CORPORATION THAT OFFERS FOR SALE CARBON OFFSET CREDITS;
  (C) "CARBON OFFSET SERVICE" SHALL MEAN AN ARRANGEMENT BETWEEN A CARBON
OFFSET  PROVIDER  AND  AN  INDIVIDUAL OR ORGANIZATION WHEREBY THE CARBON
OFFSET PROVIDER SELLS CARBON OFFSET CREDITS TO SUCH INDIVIDUAL OR ORGAN-
IZATION.
  2. THE SECRETARY OF STATE, IN CONSULTATION WITH  THE  COMMISSIONER  OF
ENVIRONMENTAL  CONSERVATION,  SHALL ESTABLISH LICENSING REQUIREMENTS FOR
ANY CARBON OFFSET PROVIDER OFFERING CARBON OFFSET SERVICES.
  3. WITHIN THE ESTABLISHED LICENSING REQUIREMENTS REQUIRED BY  SUBDIVI-
SION TWO OF THIS SECTION, THE SECRETARY OF STATE AND THE COMMISSIONER OF
ENVIRONMENTAL  CONSERVATION SHALL DEVELOP PROCEDURES TO REGULATE PROVID-
ERS OF CARBON OFFSET SERVICES. SUCH REGULATIONS SHALL INCLUDE A REQUIRE-
MENT THAT THE CARBON OFFSET PROVIDER SUPPLY THE INDIVIDUAL OR  ORGANIZA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03147-01-9

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