Senate Bill S1109

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

                                  1109

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the environmental conservation law and the state finance
  law, in relation to  enacting  the  "New  York  state  greenhouse  gas
  reduction act"

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

  Section 1. This act shall be known and may be cited as the  "New  York
state greenhouse gas reduction act".
  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 STATE GREENHOUSE GAS REDUCTION ACT
SECTION 19-1301. OFFICE OF CLIMATE RESEARCH AND POLICY.
        19-1303. GREENHOUSE GAS REDUCTION.
S 19-1301. OFFICE OF CLIMATE RESEARCH AND POLICY.
  THERE IS HEREBY  CREATED  IN  THE  DEPARTMENT  AN  OFFICE  OF  CLIMATE
RESEARCH  AND  POLICY.  THE  HEAD  OF  THE  OFFICE  SHALL BE THE CLIMATE
RESEARCH AND POLICY DIRECTOR, WHO SHALL BE APPOINTED BY THE  COMMISSION-
ER.
S 19-1303. GREENHOUSE GAS REDUCTION.
  1. THE OFFICE OF CLIMATE RESEARCH AND POLICY, IN CONSULTATION WITH THE
DEPARTMENT  OF ECONOMIC DEVELOPMENT, SHALL WORK WITH MAJOR INSTATE TRAD-
ING AND EXCHANGE INSTITUTES TO ESTABLISH A  CERTIFICATION  PROTOCOL  FOR
ADDITIONALITY CARBON CREDITS. THE PROTOCOL AT A MINIMUM SHALL BE VERIFI-
ABLE, AND QUANTIFIABLE AND SHALL, TO THE EXTENT FEASIBLE, CONFORM TO THE
KYOTO  PROTOCOL'S  CLEAN  DEVELOPMENT MECHANISM AND THE NATIONAL FARMERS
UNION CARBON CREDIT PROGRAM. SUCH OFFICE SHALL ENSURE  THAT  ANY  CARBON
CREDITS PURCHASED BY THE STATE MEET SUCH PROTOCOL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06867-01-9

              

S. 1109                             2

  2. IN AN EFFORT TO ENCOURAGE THE CREATION OF CARBON CREDIT PROJECTS IN
THE  STATE,  SUCH OFFICE, IN CONSULTATION WITH THE STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY AND THE DEPARTMENT  OF  ECONOMIC  DEVELOPMENT,
SHALL CREATE, PERIODICALLY UPDATE, AND PROMOTE A LISTING OF CARBON CRED-
IT  SITES AND PROJECTS, INCLUDING, BUT NOT LIMITED TO, ENERGY EFFICIENCY
PROJECTS, LANDFILL GAS CAPTURE AND COMBUSTION, METHANE CAPTURE FROM FARM
OPERATIONS, AGRICULTURAL PRACTICES AND REFORESTATION PROJECTS.
  3. SUCH OFFICE SHALL IDENTIFY AND EVALUATE CURRENT EFFORTS UNDERWAY IN
THE STATE AND BY THE STATE TO  REDUCE  GREENHOUSE  GAS  EMISSIONS.  SUCH
OFFICE  SHALL POST ON THE DEPARTMENT'S WEBSITE THE ANNUAL GREENHOUSE GAS
EMISSIONS OF THE STATE.
  4. SUCH OFFICE SHALL ESTABLISH ON THE DEPARTMENT'S WEBSITE AND PROMOTE
A MEANS FOR INDIVIDUALS AND BUSINESSES TO CALCULATE THEIR GREENHOUSE GAS
EMISSIONS AND OFFER RECOMMENDATIONS ON STEPS TO REDUCE SUCH EMISSIONS.
  5. SUCH OFFICE, BASED ON THE PLAN  DEVELOPED  UNDER  PARAGRAPH  GG  OF
SUBDIVISION  ONE OF SECTION 3-0301 OF THIS CHAPTER, SHALL PROVIDE RECOM-
MENDATIONS TO UPDATE SUCH PLAN AS  A  MODEL  TELECOMMUTING  PROGRAM  FOR
OTHER  STATE  AGENCIES. THE COMMISSIONER SHALL UPDATE SUCH PLAN.  WITHIN
ONE YEAR OF THE EFFECTIVE DATE OF THIS TITLE, THE REPORT REQUIRED  UNDER
SUCH PARAGRAPH SHALL BE UPDATED AND REISSUED, INCLUDING WAYS TO TRANSFER
SUCH PLAN TO OTHER STATE AGENCIES.
  6.  SUCH  OFFICE,  IN  CONSULTATION WITH THE STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY AND THE NEW YORK STATE GREENHOUSE GAS TASK  FORCE,
SHALL  DEVELOP BEST MANAGEMENT AND PROCUREMENT PRACTICES FOR STATE AGEN-
CIES TO REDUCE THEIR GREENHOUSE GAS EMISSIONS AND ASSIST  SUCH  AGENCIES
IN  THEIR  IMPLEMENTATION.   SUCH OFFICE SHALL, IN CONSULTATION WITH THE
OFFICE OF GENERAL SERVICES  AND  THE  OFFICE  FOR  TECHNOLOGY,  WORK  TO
INSTALL  CONTROLS  ON STATE COMPUTERS TO AUTOMATICALLY REDUCE THE AMOUNT
OF ENERGY CONSUMED DURING INACTIVE PERIODS.
  7. SUCH OFFICE SHALL PERFORM OTHER FUNCTIONS AND DUTIES AS ASSIGNED BY
THE COMMISSIONER.
  S 3. The opening paragraph of subdivision 1 of section 3-0311  of  the
environmental conservation law, as amended by chapter 741 of the laws of
1991, is amended and a new paragraph d is added to read as follows:
  Each state agency as defined in subdivision five of this section shall
annually  audit  the environmental problems created by its operations or
the operations of contractors it has hired and over whom  it  has  exer-
cised or is required to exercise direct oversight, acting in fulfillment
of  their contracts. Such audit shall identify the extent to which these
operations are in violation of  this  chapter,  or  regulations  adopted
thereunder.    IN  ADDITION,  EACH SUCH STATE AGENCY SHALL CALCULATE THE
AMOUNT OF GREENHOUSE GASES EMITTED AS A RESULT OF ITS  OPERATIONS.  Each
such  state  agency shall submit a report to the department on or before
April first of each year. The report shall:
  D. DESCRIBE THE GREENHOUSE GAS  EMISSIONS  RESULTING  FROM  ITS  OPER-
ATIONS,  POSSIBLE  ACTIONS  TO REDUCE SUCH EMISSIONS, AND STEPS TAKEN TO
IMPLEMENT BEST MANAGEMENT PRACTICES DEVELOPED UNDER SUBDIVISION  SIX  OF
SECTION 19-1303 OF THIS CHAPTER.
  S  4.  Section 165 of the state finance law is amended by adding a new
subdivision 9 to read as follows:
  9. ALL MOTOR VEHICLES PURCHASED BY  THE  STATE  AND  ANY  GOVERNMENTAL
AGENCY  OR  POLITICAL  SUBDIVISION  OR PUBLIC BENEFIT CORPORATION OF THE
STATE SHALL HAVE THE HIGHEST FUEL ECONOMY  AND  LEAST  CARBON  EMISSIONS
WITHIN  THEIR  VEHICLE  CLASS  AS  DEFINED  BY  THE  U.S.  ENVIRONMENTAL
PROTECTION AGENCY.
  S 5. This act shall take effect immediately.