Assembly Bill A5604

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

                                  5604

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by M. of A. BOYLAND -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  enacting the New York Clean State and Clean City Act of 2009

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

  Section 1. Legislative intent.    The  legislature  hereby  finds  and
declares  that  global  warming  poses  a serious threat to the economic
well-being, public health, natural resources, and the environment of New
York. The potential  adverse  impacts  of  global  warming  include  the
exacerbation  of  air  quality  problems,  a reduction in the quality of
water and damage to marine ecosystems and the natural  environment,  and
an  increase in the incidences of infectious diseases, asthma, and other
human health-related problems.
  Therefore, the legislature finds that  state,  national  and  interna-
tional  actions are necessary to fully address the issue of global warm-
ing.  Legislative action taken by New York to reduce emissions of green-
house gases will have far-reaching effects by encouraging other  states,
the  federal government, and other countries to act. This will place New
York in a strategic position to enhance its economy, technology centers,
financial institutions, and businesses so that  they  may  benefit  from
national  and  international  efforts  to reduce emissions of greenhouse
gases. More importantly, investing in the development of innovative  and
pioneering  technologies  will  assist  New  York to achieve a statewide
limit on emissions of greenhouse gases and provide  an  opportunity  for
the state to take a global economic and technological leadership role in
reducing emissions of greenhouse gases.
  S  2.  Article  19 of the environmental conservation law is amended by
adding a new title 13 to read as follows:
                                 TITLE 13
             NEW YORK CLEAN STATE AND CLEAN CITY ACT OF 2009

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08776-01-9
              

A. 5604                             2

SECTION 19-1301. SHORT TITLE.
        19-1303. DEFINITIONS.
        19-1305. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM.
        19-1307. MARKET-BASED COMPLIANCE MECHANISMS.
        19-1309. ENFORCEMENT.
        19-1311. REPORTING; STATE ENVIRONMENTAL BOARD.
        19-1313. ADVISORY COMMITTEES.
        19-1315. CONFLICTING LAWS.
        19-1317. LOCAL LAWS, ORDINANCES AND REGULATIONS.
        19-1319. SEPARABILITY.
S 19-1301. SHORT TITLE.
  THIS  TITLE  SHALL  BE  KNOWN  AND MAY BE CITED AS THE "NEW YORK CLEAN
STATE AND CLEAN CITY ACT OF 2009".
S 19-1303. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "ALLOWANCE" MEANS AN AUTHORIZATION  TO  EMIT,  DURING  A  SPECIFIED
YEAR, UP TO ONE TON OF CARBON DIOXIDE EQUIVALENT.
  2.  "ALTERNATIVE COMPLIANCE MECHANISM" MEANS AN ACTION UNDERTAKEN BY A
GREENHOUSE GAS EMISSION SOURCE THAT ACHIEVES THE EQUIVALENT REDUCTION OF
GREENHOUSE GAS EMISSIONS OVER THE SAME TIME PERIOD AS A DIRECT  EMISSION
REDUCTION,  AND THAT IS APPROVED BY THE DEPARTMENT. "ALTERNATIVE COMPLI-
ANCE MECHANISM" INCLUDES, BUT IS NOT LIMITED TO  A  FLEXIBLE  COMPLIANCE
SCHEDULE, ALTERNATIVE CONTROL TECHNOLOGY, A PROCESS CHANGE, OR A PRODUCT
SUBSTITUTION.
  3.  "CARBON  DIOXIDE EQUIVALENT" MEANS THE AMOUNT OF CARBON DIOXIDE BY
WEIGHT THAT WOULD PRODUCE THE SAME GLOBAL  WARMING  IMPACT  AS  A  GIVEN
WEIGHT OF ANOTHER GREENHOUSE GAS, BASED ON THE BEST AVAILABLE SCIENCE AS
DETERMINED BY THE DEPARTMENT.
  4. "COST-EFFECTIVE" OR "COST-EFFECTIVENESS" MEANS THE COST PER UNIT OF
REDUCED  EMISSIONS  OF  GREENHOUSE GASES ADJUSTED FOR ITS GLOBAL WARMING
POTENTIAL.
  5. "DIRECT  EMISSIONS  REDUCTION"  MEANS  A  GREENHOUSE  GAS  EMISSION
REDUCTION  ACTION  MADE  BY  A  GREENHOUSE  GAS  EMISSION SOURCE AT THAT
SOURCE.
  6. "EMISSIONS REDUCTION MEASURE" MEANS PROGRAMS, MEASURES,  STANDARDS,
AND ALTERNATIVE COMPLIANCE MECHANISMS AUTHORIZED PURSUANT TO THIS TITLE,
APPLICABLE  TO  SOURCES  OR  CATEGORIES OF SOURCES, THAT ARE DESIGNED TO
REDUCE EMISSIONS OF GREENHOUSE GASES.
  7. "GREENHOUSE GAS" OR "GREENHOUSE GASES" INCLUDES ALL OF THE  FOLLOW-
ING  GASES: CARBON DIOXIDE, METHANE, NITROUS OXIDE, HYDRO FLUOROCARBONS,
PER FLUOROCARBONS, AND SULFUR HEXAFLUORIDE.
  8. "GREENHOUSE GAS EMISSIONS LIMIT" MEANS AN AUTHORIZATION,  DURING  A
SPECIFIED  YEAR  TO  EMIT UP TO A LEVEL OF GREENHOUSE GASES SPECIFIED BY
THE DEPARTMENT, EXPRESSED IN TONS OF CARBON DIOXIDE EQUIVALENTS.
  9.  "GREENHOUSE GAS EMISSION SOURCE" OR "SOURCE" MEANS ANY SOURCE,  OR
CATEGORY  OF SOURCES, OF GREENHOUSE GAS EMISSIONS WHOSE EMISSIONS ARE AT
A LEVEL OF SIGNIFICANCE, AS  DETERMINED  BY  THE  DEPARTMENT,  THAT  ITS
PARTICIPATION  IN  THE PROGRAM ESTABLISHED BY THIS TITLE WILL ENABLE THE
DEPARTMENT TO EFFECTIVELY REDUCE GREENHOUSE GAS  EMISSIONS  AND  MONITOR
COMPLIANCE WITH THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT.
  10. "LEAKAGE" MEANS A REDUCTION IN EMISSIONS OF GREENHOUSE GASES WITH-
IN  THE  STATE  THAT IS OFFSET BY AN INCREASE IN EMISSIONS OF GREENHOUSE
GASES OUTSIDE THE STATE.
  11. "MARKET-BASED COMPLIANCE MECHANISM" MEANS EITHER OF THE FOLLOWING:
  A. A SYSTEM OF MARKET-BASED DECLINING ANNUAL AGGREGATE EMISSIONS LIMI-
TATIONS FOR SOURCES OR CATEGORIES OF SOURCES THAT EMIT GREENHOUSE GASES.

A. 5604                             3

  B. GREENHOUSE GAS EMISSIONS EXCHANGES,  BANKING,  CREDITS,  AND  OTHER
TRANSACTIONS, GOVERNED BY RULES AND PROTOCOLS ESTABLISHED BY THE DEPART-
MENT,  THAT  RESULT  IN THE SAME GREENHOUSE GAS EMISSION REDUCTION, OVER
THE SAME TIME PERIOD, AS DIRECT COMPLIANCE WITH A GREENHOUSE  GAS  EMIS-
SION  LIMIT  OR  EMISSION  REDUCTION  MEASURE  ADOPTED BY THE DEPARTMENT
PURSUANT TO THIS TITLE.
  12. "STATEWIDE GREENHOUSE GAS EMISSIONS" MEANS THE TOTAL ANNUAL  EMIS-
SIONS  OF  GREENHOUSE  GASES  IN  THE  STATE, INCLUDING ALL EMISSIONS OF
GREENHOUSE GASES FROM THE GENERATION OF  ELECTRICITY  DELIVERED  TO  AND
CONSUMED  IN NEW YORK, ACCOUNTING FOR TRANSMISSION AND DISTRIBUTION LINE
LOSSES, WHETHER THE ELECTRICITY  IS  GENERATED  IN  STATE  OR  IMPORTED.
STATEWIDE  EMISSIONS SHALL BE EXPRESSED IN TONS OF CARBON DIOXIDE EQUIV-
ALENTS.
  13. "STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT" OR "STATEWIDE EMISSIONS
LIMIT" MEANS THE MAXIMUM ALLOWABLE LEVEL  OF  STATEWIDE  GREENHOUSE  GAS
EMISSIONS IN THE YEAR 2022 AS DETERMINED BY THE DEPARTMENT.
S 19-1305. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM.
  1.  NO LATER THAN JANUARY 1, 2010 THE DEPARTMENT SHALL ADOPT RULES AND
REGULATIONS IN AN OPEN PUBLIC PROCESS TO ACHIEVE THE MAXIMUM  TECHNOLOG-
ICALLY  FEASIBLE   AND COST-EFFECTIVE GREENHOUSE GAS EMISSION REDUCTIONS
FROM SOURCES OR CATEGORIES OF SOURCES, SUBJECT TO CRITERIA AND SCHEDULES
AS FOLLOWS:
  A. ON OR BEFORE SEPTEMBER 30, 2009, THE DEPARTMENT SHALL  PUBLISH  AND
MAKE  AVAILABLE TO THE PUBLIC A LIST OF DISCRETE EARLY ACTION GREENHOUSE
GAS EMISSION REDUCTION MEASURES THAT CAN BE  IMPLEMENTED  PRIOR  TO  THE
MEASURES AND LIMITS ADOPTED;
  B.  ON  OR  BEFORE  JANUARY 1, 2012, THE  DEPARTMENT SHALL ADOPT REGU-
LATIONS TO IMPLEMENT THE  MEASURES  IDENTIFIED  ON  THE  LIST  PUBLISHED
PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION.
  2.  THE REGULATIONS ADOPTED BY THE DEPARTMENT PURSUANT TO THIS SECTION
SHALL ACHIEVE THE MAXIMUM TECHNOLOGICALLY  FEASIBLE  AND  COST-EFFECTIVE
REDUCTIONS  IN GREENHOUSE GAS EMISSIONS FROM THOSE SOURCES OR CATEGORIES
OF SOURCES, IN FURTHERANCE OF ACHIEVING  THE  STATEWIDE  GREENHOUSE  GAS
EMISSIONS LIMIT.
  3.  ON  OR  BEFORE  JANUARY  1, 2010, THE DEPARTMENT SHALL PREPARE AND
APPROVE A SCOPING PLAN FOR ACHIEVING THE MAXIMUM TECHNOLOGICALLY  FEASI-
BLE  AND  COST-EFFECTIVE  REDUCTIONS  IN  GREENHOUSE  GAS EMISSIONS FROM
SOURCES OR CATEGORIES OF SOURCES OF GREENHOUSE GASES BY THE YEAR 2022.
  A. THE DEPARTMENT SHALL CONSULT WITH ALL STATE AGENCIES WITH JURISDIC-
TION OVER SOURCES OF GREENHOUSE GASES ON ALL ELEMENTS OF ITS  PLAN  THAT
PERTAIN  TO  ENERGY RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, ELEC-
TRICAL GENERATION, LOAD-BASED STANDARDS OR REQUIREMENTS,  THE  PROVISION
OF  RELIABLE  AND AFFORDABLE ELECTRICAL SERVICE, PETROLEUM REFINING, AND
STATEWIDE FUEL SUPPLIES TO ENSURE THE GREENHOUSE GAS EMISSIONS REDUCTION
ACTIVITIES TO BE ADOPTED AND IMPLEMENTED BY THE DEPARTMENT  ARE  COMPLE-
MENTARY,  NOT  DUPLICATIVE,  AND  CAN BE IMPLEMENTED IN AN EFFICIENT AND
COST-EFFECTIVE MANNER.
  B. SUCH SCOPING PLAN SHALL  IDENTIFY  AND  RECOMMEND  DIRECT  EMISSION
REDUCTION  MEASURES,  ALTERNATIVE  COMPLIANCE  MECHANISMS,  MARKET-BASED
COMPLIANCE MECHANISMS, AND POTENTIAL MONETARY  AND  NON-MONETARY  INCEN-
TIVES  FOR  SOURCES  AND CATEGORIES OF SOURCES THAT THE DEPARTMENT FINDS
ARE NECESSARY OR DESIRABLE TO FACILITATE THE ACHIEVEMENT OF THE  MAXIMUM
FEASIBLE  AND  COST-EFFECTIVE  REDUCTIONS OF GREENHOUSE GAS EMISSIONS BY
THE YEAR 2022.
  C. IN MAKING THE DETERMINATIONS REQUIRED BY PARAGRAPH B OF THIS SUBDI-
VISION, THE DEPARTMENT SHALL CONSIDER ALL RELEVANT INFORMATION  PERTAIN-

A. 5604                             4

ING  TO  GREENHOUSE  GAS  EMISSIONS  REDUCTION PROGRAMS IN OTHER STATES,
LOCALITIES, AND NATIONS, INCLUDING THE NORTHEASTERN STATES OF THE UNITED
STATES, CANADA, AND THE EUROPEAN UNION.
  D.  THE  DEPARTMENT SHALL EVALUATE THE TOTAL POTENTIAL COSTS AND TOTAL
POTENTIAL ECONOMIC AND NON-ECONOMIC BENEFITS OF  THE  SCOPING  PLAN  FOR
REDUCING GREENHOUSE GASES TO NEW YORK'S ECONOMY, ENVIRONMENT, AND PUBLIC
HEALTH,  USING  THE  BEST AVAILABLE ECONOMIC MODELS, EMISSION ESTIMATION
TECHNIQUES, AND OTHER SCIENTIFIC METHODS.
  E. IN DEVELOPING THE SCOPING PLAN,  THE  DEPARTMENT  SHALL  TAKE  INTO
ACCOUNT  THE  RELATIVE CONTRIBUTION OF EACH SOURCE OR SOURCE CATEGORY TO
STATEWIDE GREENHOUSE  GAS  EMISSIONS,  AND  THE  POTENTIAL  FOR  ADVERSE
EFFECTS  ON SMALL BUSINESSES, AND SHALL RECOMMEND A DE MINIMIS THRESHOLD
OF GREENHOUSE GAS EMISSIONS BELOW WHICH EMISSION REDUCTION  REQUIREMENTS
WILL NOT APPLY.
  F.  IN  DEVELOPING  ITS  SCOPING  PLAN,  THE DEPARTMENT SHALL IDENTIFY
OPPORTUNITIES  FOR EMISSION REDUCTIONS MEASURES FROM ALL VERIFIABLE  AND
ENFORCEABLE  VOLUNTARY  ACTIONS,  INCLUDING,  BUT NOT LIMITED TO, CARBON
SEQUESTRATION PROJECTS AND BEST MANAGEMENT PRACTICES.
  G. THE DEPARTMENT SHALL CONDUCT A SERIES OF PUBLIC WORKSHOPS  TO  GIVE
INTERESTED  PARTIES  AN  OPPORTUNITY TO COMMENT ON THE SCOPING PLAN. THE
DEPARTMENT SHALL CONDUCT A PORTION OF THESE WORKSHOPS IN REGIONS OF  THE
STATE THAT HAVE THE MOST SIGNIFICANT EXPOSURE TO AIR POLLUTANTS, INCLUD-
ING, BUT NOT LIMITED TO, COMMUNITIES WITH MINORITY POPULATIONS, COMMUNI-
TIES WITH LOW-INCOME POPULATIONS, OR BOTH.
  H.  THE  DEPARTMENT  SHALL  UPDATE  ITS SCOPING PLAN FOR ACHIEVING THE
MAXIMUM TECHNOLOGICALLY FEASIBLE AND COST-EFFECTIVE REDUCTIONS OF GREEN-
HOUSE GAS EMISSIONS AT LEAST ONCE EVERY FIVE YEARS.
  4. ON OR BEFORE JANUARY 1, 2013, THE DEPARTMENT SHALL ADOPT GREENHOUSE
GAS EMISSION LIMITS AND EMISSION REDUCTION MEASURES TO ACHIEVE THE MAXI-
MUM TECHNOLOGICALLY FEASIBLE AND COST-EFFECTIVE REDUCTIONS IN GREENHOUSE
GAS EMISSIONS IN FURTHERANCE OF ACHIEVING THE STATEWIDE  GREENHOUSE  GAS
EMISSIONS  LIMIT, SUCH LIMITS AND REDUCTION MEASURES TO BECOME OPERATIVE
BEGINNING ON JANUARY 1, 2014.   IN ADOPTING SUCH  LIMITS  AND  REDUCTION
MEASURES,  TO  THE  EXTENT  FEASIBLE AND IN FURTHERANCE OF ACHIEVING THE
STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT, THE DEPARTMENT SHALL:
  A. INCLUDE DISTRIBUTION OF EMISSIONS ALLOWANCES WHERE APPROPRIATE,  IN
A  MANNER  THAT  IS  EQUITABLE,  SEEK TO MINIMIZE COSTS AND MAXIMIZE THE
TOTAL BENEFITS TO NEW YORK, AND ENCOURAGE EARLY ACTION TO REDUCE  GREEN-
HOUSE GAS EMISSIONS;
  B. ENSURE THAT ACTIVITIES UNDERTAKEN TO COMPLY WITH THE REGULATIONS DO
NOT DISPROPORTIONATELY IMPACT LOW-INCOME COMMUNITIES;
  C. ENSURE THAT ENTITIES THAT HAVE VOLUNTARILY REDUCED THEIR GREENHOUSE
GAS  EMISSIONS  PRIOR TO THE IMPLEMENTATION OF THIS TITLE RECEIVE APPRO-
PRIATE CREDIT FOR EARLY VOLUNTARY REDUCTIONS;
  D. ENSURE THAT ACTIVITIES UNDERTAKEN DO NOT INTERFERE WITH EFFORTS  TO
ACHIEVE AND MAINTAIN FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS AND
TO REDUCE TOXIC AIR CONTAMINANT EMISSIONS;
  E. CONSIDER COST-EFFECTIVENESS;
  F.  CONSIDER  OVERALL SOCIETAL BENEFITS, INCLUDING REDUCTIONS IN OTHER
AIR POLLUTANTS, DIVERSIFICATION OF ENERGY SOURCES, AND OTHER BENEFITS TO
THE ECONOMY, ENVIRONMENT, AND PUBLIC HEALTH;
  G. MINIMIZE THE ADMINISTRATIVE BURDEN OF  IMPLEMENTING  AND  COMPLYING
WITH THESE REGULATIONS;
  H. MINIMIZE LEAKAGE;
  I.  CONSIDER  THE  SIGNIFICANCE  OF THE CONTRIBUTION OF EACH SOURCE OR
CATEGORY OF SOURCES TO STATEWIDE EMISSIONS OF GREENHOUSE GASES.

A. 5604                             5

  5. IN FURTHERANCE OF ACHIEVING THE STATEWIDE GREENHOUSE GAS  EMISSIONS
LIMIT,  BY  JANUARY  1,  2013,  THE DEPARTMENT MAY ESTABLISH A SYSTEM OF
MARKET-BASED DECLINING ANNUAL AGGREGATE EMISSION LIMITS FOR  SOURCES  OR
CATEGORIES  OF  SOURCES  THAT  EMIT GREENHOUSE GAS EMISSIONS, APPLICABLE
FROM  JANUARY 1, 2014, TO DECEMBER 31, 2022, INCLUSIVE, THAT THE DEPART-
MENT DETERMINES WILL ACHIEVE THE MAXIMUM  TECHNOLOGICALLY  FEASIBLE  AND
COST-EFFECTIVE REDUCTIONS IN GREENHOUSE GAS EMISSIONS, IN THE AGGREGATE,
FROM THOSE SOURCES OR CATEGORIES OF SOURCES.
  ANY SUCH SYSTEM ADOPTED BY THE DEPARTMENT, SHALL ENSURE:
  A.  THE  GREENHOUSE  GAS EMISSION REDUCTIONS ACHIEVED ARE REAL, PERMA-
NENT, QUANTIFIABLE, VERIFIABLE, AND ENFORCEABLE BY THE DEPARTMENT;
  B. THE REDUCTION  IS  IN  ADDITION  TO  ANY  GREENHOUSE  GAS  EMISSION
REDUCTION  OTHERWISE REQUIRED BY LAW OR REGULATION, AND ANY OTHER GREEN-
HOUSE GAS EMISSION REDUCTION THAT OTHERWISE WOULD OCCUR;
  C. IF APPLICABLE, THE GREENHOUSE GAS EMISSION  REDUCTION  OCCURS  OVER
THE  SAME TIME PERIOD AND IS EQUIVALENT IN AMOUNT TO ANY DIRECT EMISSION
REDUCTION REQUIRED PURSUANT TO THIS TITLE.
  6. AFTER JANUARY  1,  2013,  THE  DEPARTMENT  MAY  REVISE  REGULATIONS
ADOPTED  PURSUANT  TO  THIS  SECTION AND ADOPT ADDITIONAL REGULATIONS TO
FURTHER THE PROVISIONS OF THIS TITLE.
  NOTHING IN THIS TITLE RESTRICTS THE DEPARTMENT  FROM  ADOPTING  GREEN-
HOUSE  GAS EMISSION LIMITS OR EMISSION REDUCTION MEASURES PRIOR TO JANU-
ARY 1, 2013, IMPOSING THOSE LIMITS OR MEASURES PRIOR TO JANUARY 1, 2014,
OR PROVIDING EARLY REDUCTION CREDIT WHERE APPROPRIATE.
S 19-1307. MARKET-BASED COMPLIANCE MECHANISMS.
  1. THE DEPARTMENT MAY INCLUDE  IN  THE  PROGRAM  ADOPTED  PURSUANT  TO
SECTION  19-1305  OF THIS TITLE THE USE OF MARKET-BASED COMPLIANCE MECH-
ANISMS.  PRIOR TO THE INCLUSION OF  ANY  MARKET-BASED  COMPLIANCE  MECH-
ANISM, TO THE EXTENT FEASIBLE AND IN FURTHERANCE OF ACHIEVING THE STATE-
WIDE  GREENHOUSE GAS EMISSIONS LIMIT, THE DEPARTMENT SHALL DO ALL OF THE
FOLLOWING:
  A. CONSIDER THE POTENTIAL FOR DIRECT, INDIRECT, AND  CUMULATIVE  EMIS-
SION  IMPACTS  FROM  THESE  MECHANISMS,  INCLUDING  LOCALIZED IMPACTS IN
COMMUNITIES THAT ARE ALREADY ADVERSELY IMPACTED BY AIR POLLUTION;
  B. PREVENT ANY INCREASE IN THE EMISSIONS OF TOXIC AIR CONTAMINANTS  OR
CRITERIA AIR POLLUTANTS;
  C.  MAXIMIZE  ADDITIONAL  ENVIRONMENTAL  AND ECONOMIC BENEFITS FOR THE
STATE, AS APPROPRIATE;
  D. ADOPT REGULATIONS GOVERNING HOW MARKET-BASED COMPLIANCE  MECHANISMS
MAY  BE  USED  BY  REGULATED ENTITIES SUBJECT TO GREENHOUSE GAS EMISSION
LIMITS AND MANDATORY EMISSION REPORTING REQUIREMENTS TO ACHIEVE  COMPLI-
ANCE WITH THEIR GREENHOUSE GAS EMISSIONS LIMITS.
  2.  THE DEPARTMENT SHALL ADOPT METHODOLOGIES FOR THE QUANTIFICATION OF
VOLUNTARY GREENHOUSE GAS EMISSION REDUCTIONS AND REGULATIONS  TO  VERIFY
AND  ENFORCE ANY VOLUNTARY GREENHOUSE GAS EMISSION REDUCTIONS AUTHORIZED
BY THE DEPARTMENT FOR USE TO COMPLY WITH GREENHOUSE GAS EMISSION  LIMITS
ESTABLISHED BY THE DEPARTMENT.
S 19-1309. ENFORCEMENT.
  1.  THE DEPARTMENT SHALL MONITOR COMPLIANCE WITH AND ENFORCE ANY RULE,
REGULATION,  ORDER, EMISSION LIMITATION, EMISSIONS REDUCTION MEASURE, OR
MARKET-BASED COMPLIANCE MECHANISM ADOPTED BY THE DEPARTMENT PURSUANT  TO
THIS TITLE.
  2.  ANY VIOLATION OF ANY RULE, REGULATION, ORDER, EMISSION LIMITATION,
EMISSIONS REDUCTION MEASURE, OR OTHER MEASURE ADOPTED BY THE  DEPARTMENT
PURSUANT  TO  THIS  TITLE SHALL BE DEEMED TO RESULT IN AN EMISSION OF AN
AIR CONTAMINANT.

A. 5604                             6

  3. THE DEPARTMENT MAY DEVELOP A METHOD TO CONVERT A VIOLATION  OF  ANY
RULE,   REGULATION,  ORDER,  EMISSION  LIMITATION,  OR  OTHER  EMISSIONS
REDUCTION MEASURE ADOPTED BY THE DEPARTMENT PURSUANT TO THIS TITLE  INTO
THE NUMBER OF DAYS IN VIOLATION.
S 19-1311. REPORTING; STATE ENVIRONMENTAL BOARD.
  1.  ON  OR  BEFORE EACH COMPLIANCE DATE PURSUANT TO SECTION 19-1305 OF
THIS TITLE, THE DEPARTMENT SHALL SUBMIT TO THE BOARD  A  REPORT  ON  THE
PROGRAM  AND VERIFICATION OF STATEWIDE GREENHOUSE GAS EMISSIONS MONITOR-
ING AND COMPLIANCE WITH THIS PROGRAM.   SUCH REPORT SHALL  INCLUDE,  BUT
NOT BE LIMITED TO:
  A.  DATA  RELATED TO THE MONITORING AND ANNUAL REPORTING OF GREENHOUSE
GAS EMISSIONS FROM GREENHOUSE GAS EMISSIONS SOURCES BEGINNING  WITH  THE
SOURCES  OR  CATEGORIES OF SOURCES THAT CONTRIBUTE THE MOST TO STATEWIDE
EMISSIONS;
  B. ACCOUNTING OF EMISSIONS, AND  REPORTING  TOOLS  AND  FORMATS  WHICH
ENSURE COLLECTION OF NECESSARY DATA;
  C.  COMPREHENSIVE  SOURCE RECORDS OF ALL REPORTED GREENHOUSE GAS EMIS-
SIONS.
  2. THE BOARD SHALL:
  A. PERIODICALLY REVIEW  AND  UPDATE  EMISSION  REPORTING  REQUIREMENTS
ESTABLISHED BY THE DEPARTMENT, AS NECESSARY;
  B.  REVIEW  EXISTING  AND  PROPOSED  INTERNATIONAL, FEDERAL, AND STATE
GREENHOUSE GAS EMISSION PROGRAMS AND MAKE REASONABLE EFFORTS TO  PROMOTE
CONSISTENCY  AMONG  THE  PROGRAMS ESTABLISHED PURSUANT TO THIS TITLE AND
OTHER PROGRAMS, AND TO STREAMLINE REPORTING REQUIREMENTS IN NEW YORK  ON
GREENHOUSE GAS EMISSIONS SOURCES.
S 19-1313. ADVISORY COMMITTEES.
  1.  ON  OR BEFORE JANUARY 1, 2010, THE BOARD SHALL CONVENE AN ENVIRON-
MENTAL JUSTICE ADVISORY COMMITTEE, OF AT LEAST THREE MEMBERS, TO  ADVISE
THE  DEPARTMENT  IN  DEVELOPING  THE  SCOPING  PLAN  PURSUANT TO SECTION
19-1305 OF THIS TITLE AND ANY OTHER  PERTINENT  MATTER  IN  IMPLEMENTING
THIS  TITLE.  SUCH  ADVISORY  COMMITTEE SHALL BE COMPRISED OF: REPRESEN-
TATIVES FROM COMMUNITIES IN THE STATE WITH THE MOST SIGNIFICANT EXPOSURE
TO AIR POLLUTION, INCLUDING, BUT NOT LIMITED TO, COMMUNITIES WITH MINOR-
ITY POPULATIONS OR LOW-INCOME  POPULATIONS,  OR  BOTH;  AND  NOMINATIONS
RECEIVED  FROM ENVIRONMENTAL JUSTICE ORGANIZATIONS AND COMMUNITY GROUPS.
THE BOARD SHALL PROVIDE REASONABLE PER DIEM FOR ATTENDANCE  AT  ADVISORY
COMMITTEE  MEETINGS  BY ADVISORY COMMITTEE MEMBERS FROM NONPROFIT ORGAN-
IZATIONS.
  2. ON OR BEFORE JANUARY 1, 2010, THE BOARD SHALL APPOINT  AN  ECONOMIC
AND  TECHNOLOGY  ADVANCEMENT ADVISORY COMMITTEE TO ADVISE THE DEPARTMENT
ON ACTIVITIES THAT WILL FACILITATE INVESTMENT IN AND  IMPLEMENTATION  OF
TECHNOLOGICAL RESEARCH AND DEVELOPMENT OPPORTUNITIES, INCLUDING, BUT NOT
LIMITED   TO,  IDENTIFYING  NEW  TECHNOLOGIES,  RESEARCH,  DEMONSTRATION
PROJECTS, FUNDING OPPORTUNITIES, DEVELOPING STATE, NATIONAL, AND  INTER-
NATIONAL PARTNERSHIPS AND TECHNOLOGY TRANSFER OPPORTUNITIES, AND IDENTI-
FYING  AND  ASSESSING  RESEARCH  AND  ADVANCED TECHNOLOGY INVESTMENT AND
INCENTIVE OPPORTUNITIES THAT WILL ASSIST IN THE REDUCTION OF  GREENHOUSE
GAS  EMISSIONS.  SUCH COMMITTEE MAY ALSO ADVISE THE DEPARTMENT ON STATE,
REGIONAL, NATIONAL, AND INTERNATIONAL ECONOMIC AND TECHNOLOGICAL  DEVEL-
OPMENTS RELATED TO GREENHOUSE GAS EMISSION REDUCTIONS AND STRATEGIES FOR
ALL  STATE AGENCIES TO CONSIDER AND IMPLEMENT STRATEGIES TO REDUCE THEIR
GREENHOUSE GAS EMISSIONS.
S 19-1315. CONFLICTING LAWS.
  THIS TITLE SHALL NOT BE CONSTRUED AS REPEALING ANY OF THE LAWS  RELAT-
ING  TO  AIR  POLLUTION OR AIR CONTAMINATION WHICH ARE NOT BY THIS TITLE

A. 5604                             7

EXPRESSLY REPEALED, BUT IT SHALL BE HELD AND CONSTRUED TO BE  AS  ANCIL-
LARY  TO  AND SUPPLEMENTING THE LAWS NOW IN FORCE, EXCEPTING AS THEY MAY
BE IN DIRECT CONFLICT WITH THIS TITLE.
S 19-1317. LOCAL LAWS, ORDINANCES AND REGULATIONS.
  ANY  LOCAL  LAWS, ORDINANCES OR REGULATIONS OF ANY GOVERNING BODY OF A
COUNTY, CITY, TOWN OR VILLAGE WHICH ARE NOT INCONSISTENT WITH THIS TITLE
OR WITH ANY CODE, RULE OR REGULATION WHICH SHALL BE PROMULGATED PURSUANT
TO THIS TITLE SHALL NOT BE SUPERSEDED BY IT, AND NOTHING IN  THIS  TITLE
OR  IN  ANY CODE, RULE OR REGULATION WHICH SHALL BE PROMULGATED PURSUANT
TO THIS TITLE SHALL PRECLUDE THE RIGHT OF  ANY  GOVERNING  BODY  OF  THE
COUNTY,  CITY,  TOWN OR VILLAGE TO ADOPT LOCAL LAWS, ORDINANCES OR REGU-
LATIONS WHICH ARE NOT INCONSISTENT WITH THIS TITLE  OR  WITH  ANY  CODE,
RULE  OR  REGULATION  WHICH  SHALL BE PROMULGATED PURSUANT TO THIS TITLE
PROVIDED, HOWEVER, THAT THE EXERCISE OF SUCH RIGHT  BY  A  COUNTY  SHALL
RELATE ONLY TO THE AREA THEREOF OUTSIDE ANY CITY, VILLAGE OR AREA OF ANY
TOWN  OUTSIDE  THE  VILLAGE OR VILLAGES THEREIN DURING SUCH TIME AS SUCH
CITY, VILLAGE OR TOWN HAS LOCAL LAWS, ORDINANCES OR REGULATIONS CONSIST-
ENT WITH THIS TITLE OR WITH ANY CODE, RULE OR REGULATION WHICH SHALL  BE
PROMULGATED  PURSUANT TO THIS TITLE. ANY LOCAL LAWS, ORDINANCES OR REGU-
LATIONS OF A COUNTY, CITY, TOWN OR VILLAGE WHICH COMPLY  WITH  AT  LEAST
THE MINIMUM APPLICABLE REQUIREMENTS SET FORTH IN ANY CODE, RULE OR REGU-
LATION  PROMULGATED  PURSUANT  TO  THIS TITLE SHALL BE DEEMED CONSISTENT
WITH THIS TITLE OR WITH ANY SUCH CODE, RULE OR REGULATION.
S 19-1319. SEPARABILITY.
  IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR  PART  OF  THIS  TITLE
SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR  INVALIDATE  THE  REMAINDER  OF
THIS  TITLE  BUT  SHALL  BE  CONFINED  IN  ITS  OPERATION TO THE CLAUSE,
SENTENCE, PARAGRAPH, SECTION OR PART OF THIS TITLE THAT SHALL BE DIRECT-
LY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT  SHALL  HAVE  BEEN
RENDERED.
  S 3. This act shall take effect immediately.