Senate Bill S1111

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

                                  1111

                       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, in relation to regu-
  lating the emissions of carbon dioxide by  major  electric  generating
  facilities

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

  Section 1. Legislative findings. The  legislature  hereby  finds  that
global  warming is a matter of increasing concern for public health, the
environment and the economy of New York state. Global warming  threatens
New  York's  environment and economic security through projected changes
in temperature, precipitation and sea level. These changes harm  natural
ecosystems  and threaten industries such as agriculture, forestry, fish-
ing and tourism. Furthermore, the health of New Yorkers is threatened by
global warming and scientists have concluded  that  reducing  greenhouse
gas  emissions  will decrease air pollutants that are known to cut short
lives and trigger respiratory ailments such as asthma.
  A significant cause of global warming is the emission  of  air  pollu-
tants  known  as  greenhouse  gases,  including carbon dioxide, methane,
nitrous oxide, hydrofluorocarbons, perfluorocarbons, and  sulfur  hexaf-
luoride.    Among the greenhouse gases, carbon dioxide is emitted in the
greatest amount and is of primary concern. New York state,  as  a  world
economic  power in its own right, is a major contributor of world green-
house gas emissions.
  Control and reduction of emissions of greenhouse gases are critical in
order to slow and reduce the  effects  of  global  warming.  Fossil-fuel
burning  electric generating units are the largest individual sources of
carbon dioxide, and the fossil-fuel burning  electric  generating  units
together  account  for  approximately one-quarter of annual emissions of
carbon dioxide from New York state. Control of emissions  from  electric

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06451-01-9
              

S. 1111                             2

generating units is necessary for New York to reduce the threat posed by
global warming.
  S  2.  The  environmental  conservation law is amended by adding a new
section 19-0312 to read as follows:
S 19-0312. POWER PLANT EMISSIONS AND PERFORMANCE STANDARDS.
  1. AS USED IN THIS SECTION, "MAJOR ELECTRIC GENERATING FACILITY" MEANS
ANY STATIONARY SOURCE WITH A NAME-PLATE GENERATING CAPACITY  OF  FIFTEEN
MEGAWATTS  OR  GREATER  THAT  USES A COMBUSTION INSTALLATION TO GENERATE
ELECTRICITY FOR SALE OR USE.
  2. NO LATER THAN JANUARY FIRST, TWO  THOUSAND  TEN,  THE  COMMISSIONER
SHALL  PROMULGATE RULES AND REGULATIONS IMPLEMENTING REDUCTIONS IN EMIS-
SIONS OF CARBON DIOXIDE  BY  MAJOR  ELECTRIC  GENERATING  FACILITIES  IN
ACCORDANCE  WITH  THE PROVISIONS OF THIS SECTION. SUCH REGULATIONS SHALL
SET A PERMANENT CAP ON TOTAL EMISSIONS OF CARBON DIOXIDE BY MAJOR  ELEC-
TRIC  GENERATING  FACILITIES, EFFECTIVE NO LATER THAN JANUARY FIRST, TWO
THOUSAND TWELVE, THAT IS TWENTY-FIVE PERCENT LESS THAN THE  TOTAL  NINE-
TEEN  HUNDRED NINETY CARBON DIOXIDE EMISSIONS FOR ALL SOURCES SUBJECT TO
THIS SECTION. THE COMMISSIONER SHALL DEVELOP A MECHANISM FOR MAJOR ELEC-
TRIC GENERATING FACILITIES TO COMPLY WITH THE  REGULATIONS  REQUIRED  BY
THIS  SECTION  BASED  ON  AUCTION  OR  AN EMISSIONS PERFORMANCE STANDARD
EXPRESSED IN POUNDS OF POLLUTANT EMITTED  PER  MEGAWATT-HOUR  GENERATED.
THE  COMMISSIONER  MAY  ESTABLISH  OR EMPLOY AN EMISSIONS CREDIT TRADING
MECHANISM TO FACILITATE COMPLIANCE WITH THE CARBON DIOXIDE  REQUIREMENTS
OF THIS SECTION.
  3.  THE  EMISSION  RATES,  LIMITATIONS, AND PRACTICES REQUIRED BY THIS
SECTION SHALL NOT BE CONSTRUED  TO  SUPERSEDE  MORE  STRINGENT  EMISSION
RATES,  LIMITATIONS,  AND PRACTICES THAT ARE APPLICABLE ON THE EFFECTIVE
DATE OF THIS SECTION OR MAY BECOME APPLICABLE AFTER SUCH EFFECTIVE DATE.
  S 3. This act shall take effect immediately.