senate Bill S2742B

2011-2012 Legislative Session

Relates to global warming pollution control

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Dec 21, 2011 print number 2742b
amend and recommit to environmental conservation
May 02, 2011 print number 2742a
amend (t) and recommit to environmental conservation
Jan 31, 2011 referred to environmental conservation

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S2742 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 19 Title 13 §§19-1301 - 19-1307, En Con L
Versions Introduced in 2009-2010 Legislative Session:
A11507B, S4315C

S2742 - Bill Texts

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Relates to global warming pollution control; establishes greenhouse gas limits and a greenhouse gas reporting system.

view sponsor memo
BILL NUMBER:S2742

TITLE OF BILL:
An act
to amend the environmental conservation law and the executive law,
in relation to global warming pollution control

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
require the Department of Environmental Conservation (DEC) to
promulgate rules and regulations establishing limits on greenhouse
gas emissions.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

o define greenhouse gas to include carbon dioxide, methane, nitrous
oxide, hydrofluerocarbons, perfluorocarbons, sulfur hexafluroide, and
any other gas determined by the DEC to be a significant contributor
to global warming;

o authorize the DEC to promulgate rules and regulations, by May
1, 2011, requiring annual greenhouse gas emission reporting from
greenhouse gas emission sources;

o require the DEC to issue a report on the annual greenhouse gas
emissions and the progress made in achieving reduction efforts;

o require the DEC, after a public hearing, to promulgate rules and
regulations establishing a limit on greenhouse gas emissions, require
the emissions limit to be less than the aggregate level of emissions
for 1990; decrease by an additional twenty percent by 2020 and forty
percent by 2030;

o decrease by a percentage recommended by the climate action council
and established by the Governor and legislature in 2040; and be less
than 80 percent of the initial limit by 2050;

o prohibit the DEC from adopting a regulation that would place or
increase an additional environmental or health burden on a community
that has a higher level of regulated air contaminant source emissions
within the community as compared with the county average;

o require the DEC to include a plan to address adaptation to climate
change; and,

o codifies Executive Order
24 creating a climate action council
and requiring the development of a climate action plan that is to be
updated every five years.

JUSTIFICATION:

Global warming will have detrimental effects on the economic
well-being, public health, natural resources and the environment. The
Intergovernmental Panel on Climate Change, awarded the


2007 Nobel Peace Prize, projected that temperatures would rise more
rapidly if greenhouse 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. This legislation
seeks to accomplish that goal and at the same time provide
opportunity for public involvement and input into the regulatory
process in order to ensure that the resulting emission limits do not
impose undue environmental or economic hardship. Seven other states
have adopted laws to establish greenhouse gas emission standards.

PRIOR LEGISLATIVE HISTORY:
2010: 2009: S.4315-C Thompson - Finance
2009: S.4315-A Thompson - Finance A.7572-A Sweeney - Passed the Assembly
2008: S.8100 Thompson - Environmental Conservation A.10302
Sweeney - Passed the Assembly

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  2742

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04318-01-1

S. 2742                             2

on the progress gained by creating the regional  greenhouse  gas  initi-
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 FIRST, TWO THOUSAND TWELVE, THE DEPARTMENT  SHALL
PROMULGATE  RULES  AND REGULATIONS REQUIRING ANNUAL GREENHOUSE GAS EMIS-
SIONS 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

S. 2742                             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 FIRST, TWO THOUSAND FOURTEEN, 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 FIRST, TWO THOUSAND FOURTEEN, THE DEPARTMENT,
AFTER PUBLIC HEARINGS, 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 ECONO-
MY-WIDE GREENHOUSE 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 CALEN-
DAR YEAR NINETEEN HUNDRED NINETY.
  2. (A) ON JANUARY FIRST, TWO THOUSAND TWENTY-ONE THE LIMIT ESTABLISHED
IN SUBDIVISION ONE OF THIS SECTION SHALL BE REDUCED BY TWENTY PERCENT.
  (B) ON JANUARY FIRST, TWO THOUSAND THIRTY-ONE THE LIMIT ESTABLISHED IN
SUBDIVISION ONE OF THIS SECTION SHALL BE REDUCED BY FORTY PERCENT.
  (C)  NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTY-ONE, THE DEPART-
MENT, 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 FIRST, TWO THOUSAND FORTY-ONE THAT
MAXIMIZES THE ABILITY OF THE STATE TO MEET THE STATEWIDE EMISSION  LIMIT
STATED IN PARAGRAPH (D) OF THIS SUBDIVISION.
  (D)  ON JANUARY FIRST, TWO THOUSAND FIFTY-ONE, AND EACH YEAR THEREAFT-
ER, 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

S. 2742                             4

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;
  (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-ONE.  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 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 TWELVE.  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. 2742                             5

  S 617. GENERAL FUNCTIONS; POWERS AND DUTIES.   1.  THE  COUNCIL  SHALL
PREPARE  A  DRAFT  CLIMATE ACTION PLAN ON OR BEFORE SEPTEMBER THIRTIETH,
TWO THOUSAND ELEVEN. 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 THIRTIETH, TWO
THOUSAND SIXTEEN 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 POLICIES 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  ECOSYSTEM  BASED ADAPTION TO CLIMATE CHANGE, AND RECOMMEND
MEASURES NEEDED TO ADDRESS ANY SUCH CONSTRAINTS. RECOMMENDATIONS  SHOULD
CONSIDER  SUCH FACTORS INCLUDING BUT NOT LIMITED TO FEASIBILITY, SOCIOE-
CONOMIC AND NATURAL RESOURCE VALUES; PUBLIC  HEALTH  IMPACTS;  COMMUNITY
CHARACTER AND THE IMPACT RESULTING FROM INACTION;
  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

S. 2742                             6

  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
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.

Co-Sponsors

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S2742A - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 19 Title 13 §§19-1301 - 19-1307, En Con L
Versions Introduced in 2009-2010 Legislative Session:
A11507B, S4315C

S2742A - Bill Texts

view summary

Relates to global warming pollution control; establishes greenhouse gas limits and a greenhouse gas reporting system.

view sponsor memo
BILL NUMBER:S2742A

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to global
warming pollution control

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
require the Department of Environmental Conservation (DEC) to
promulgate rules and regulations establishing limits on greenhouse
gas emissions.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

* define greenhouse gas to include carbon dioxide, methane, nitrous
oxide, hydro fluorocarbons, perfluorocarbons, sulfur hexafluroide,
and any other gas determined by the DEC to be a significant
contributor to global warming;

* authorize the DEC to promulgate rules and regulations, by May 1,
2012, requiring annual greenhouse gas emission reporting from
greenhouse gas emission sources;

* require the DEC to issue a report on the annual greenhouse gas
emissions and the progress made in achieving reduction efforts;

* require the DEC, after a public hearing, to promulgate rules and
regulations establishing a limit on greenhouse gas emissions;

* require the emissions limit to:

o be less than the aggregate level of emissions for 1990;
o decrease by an additional ten percent every 5 years, beginning with
a reduction of 20 percent by 2020; and,
o be less than 80 percent of the initial limit by2050

* prohibit DEC from adopting a regulation that would place or increase
an additional environmental or health burden on a community that has
a higher level of regulated air contaminant source emissions within
the community as compared with the county average;
and,

* require DEC to include a plan to address adaptation to climate change.

JUSTIFICATION:

Global warming will have detrimental effects on the economic
well-being, public health, natural resources and the environment. The
Intergovernmental Panel on Climate Change, awarded the 2007 Nobel
Peace Prize, projected that temperatures would rise more rapidly if
greenhouse 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. This
legislation seeks to accomplish that goal and at the same time


provide opportunity for public involvement and input into the
regulatory process in order to ensure that the resulting emission
limits do not impose undue environmental or economic hardship. Seven
other states have adopted laws to establish greenhouse gas emission
standards.

PRIOR LEGISLATIVE HISTORY:
2010: 2009: S.4315-C Thompson - Finance
2009: S.4315-A Thompson - Finance
A.7572-A Sweeney - Passed the Assembly
2008: S.8100 Thompson - Environmental Conservation
A.10302 Sweeney - Passed the Assembly

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately.

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

                                 2742--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed 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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04318-02-1

S. 2742--A                          2

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

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, 2012, 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; AND
  (C) ENSURE THAT EACH GREENHOUSE GAS EMISSION SOURCE MAINTAINS  COMPRE-
HENSIVE  EMISSIONS  RECORDS  OF ANY GREENHOUSE GAS REPORTED FOR AT LEAST
FIVE YEARS.
  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, 2014, AND EVERY THREE YEARS THEREAFTER,
THE DEPARTMENT SHALL ISSUE A REPORT ON:

S. 2742--A                          3

  (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.
  1. NO LATER THAN JANUARY 1, 2014, 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 PROVIDED; HOWEVER, THE AGGREGATE LIMIT SHALL NOT BE
GREATER  THAN THE AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FOR CALEN-
DAR 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,  2025 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 30 PERCENT.
  (C) ON JANUARY 1, 2030 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
THIS SECTION SHALL BE REDUCED BY 40 PERCENT.
  (D)  ON  JANUARY  1,  2035 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 50 PERCENT.
  (E) ON JANUARY 1, 2040 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
THIS SECTION SHALL BE REDUCED BY 60 PERCENT.
  (F)  ON  JANUARY  1,  2045 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 70 PERCENT.
  (G) 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) NOT PLACE OR INCREASE AN ADDITIONAL ENVIRONMENTAL OR HEALTH BURDEN
ON    A  COMMUNITY THAT HAS A SIGNIFICANT LEVEL OF REGULATED AIR CONTAM-
INANT SOURCE EMISSIONS WITHIN THE COMMUNITY AS COMPARED WITH THE  COUNTY
AVERAGE;
  (B) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS; AND
  (C)  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. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S2742B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 19 Title 13 §§19-1301 - 19-1307, En Con L
Versions Introduced in 2009-2010 Legislative Session:
A11507B, S4315C

S2742B (ACTIVE) - Bill Texts

view summary

Relates to global warming pollution control; establishes greenhouse gas limits and a greenhouse gas reporting system.

view sponsor memo
BILL NUMBER:S2742B

TITLE OF BILL:

An act
to amend the environmental conservation law, in relation to global
warming pollution control

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require the Department of Environmental
Conservation (DEC) to promulgate rules and regulations establishing
limits on greenhouse gas emissions.

SUMMARY OF PROVISIONS:

This bill would:

* define greenhouse gas to include carbon dioxide, methane, nitrous
oxide, hydro fluorocarbons, perfluorocarbons, sulfur hexafluroide,
and any other gas determined by the DEC to be a significant
contributor to global warming;

* authorize the DEC to promulgate rules and regulations, by May 1,
2013, requiring annual greenhouse gas emission reporting from
greenhouse gas emission sources;

* require the DEC to issue a report on the annual greenhouse gas
emissions and the progress made in achieving reduction efforts;

* require the DEC, after a public hearing, to promulgate rules and
regulations establishing a limit on greenhouse gas emissions;

* require the emissions limit to:

o be less than the aggregate level of emissions for 1990;
o decrease by an additional ten percent every 5 years, beginning with
a reduction of 20 percent by 2020; and, o be less than 80 percent of
the initial limit by 2050

* prohibit DEC from adopting a regulation that would place or increase
an additional environmental or health burden on a community that has
a higher level of regulated air contaminant source emissions within
the community as compared with the county average; and,

* require DEC to include a plan to address adaptation to climate change.

JUSTIFICATION:

Global warming will have detrimental effects on the economic
well-being, public health, natural resources and the environment. The
Intergovernmental Panel on Climate Change, awarded the 2007 Nobel
Peace Prize, projected that temperatures would rise more rapidly if
greenhouse 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. This legislation seeks


to accomplish that goal and at the same time provide opportunity for
public involvement and input into the regulatory process in order to
ensure that the resulting emission limits do not impose undue
environmental or economic hardship. Seven other states have adopted
laws to establish greenhouse gas emission standards.

PRIOR LEGISLATIVE HISTORY:

2009-2010: S.4315-C Thompson - Finance
2009: S.4315-A Thompson - Finance
A.7572-A Sweeney - Passed the Assembly
2008: S.8100 Thompson - Environmental Conservation
A.10302 Sweeney - Passed the Assembly

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 2742--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced  by Sens. AVELLA, ADDABBO, DUANE, ESPAILLAT, GIANARIS, KRUEG-
  ER, OPPENHEIMER, PARKER, PERKINS, RIVERA, SERRANO, SQUADRON,  STEWART-
  COUSINS  --  read  twice  and  ordered printed, and when printed to be
  committed to the Committee on Environmental Conservation --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04318-03-1

S. 2742--B                          2

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

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, 2013, 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; AND
  (C) ENSURE THAT EACH GREENHOUSE GAS EMISSION SOURCE MAINTAINS  COMPRE-
HENSIVE  EMISSIONS  RECORDS  OF ANY GREENHOUSE GAS REPORTED FOR AT LEAST
FIVE YEARS.
  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, 2015, AND EVERY THREE YEARS THEREAFTER,
THE DEPARTMENT SHALL ISSUE A REPORT ON:

S. 2742--B                          3

  (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.
  1. NO LATER THAN JANUARY 1, 2015, 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 PROVIDED; HOWEVER, THE AGGREGATE LIMIT SHALL NOT BE
GREATER  THAN THE AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FOR CALEN-
DAR 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,  2025 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 30 PERCENT.
  (C) ON JANUARY 1, 2030 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
THIS SECTION SHALL BE REDUCED BY 40 PERCENT.
  (D)  ON  JANUARY  1,  2035 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 50 PERCENT.
  (E) ON JANUARY 1, 2040 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
THIS SECTION SHALL BE REDUCED BY 60 PERCENT.
  (F)  ON  JANUARY  1,  2045 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
THIS SECTION SHALL BE REDUCED BY 70 PERCENT.
  (G) 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) NOT PLACE OR INCREASE AN ADDITIONAL ENVIRONMENTAL OR HEALTH BURDEN
ON    A  COMMUNITY THAT HAS A SIGNIFICANT LEVEL OF REGULATED AIR CONTAM-
INANT SOURCE EMISSIONS WITHIN THE COMMUNITY AS COMPARED WITH THE  COUNTY
AVERAGE;
  (B) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS; AND
  (C)  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. This act shall take effect immediately.

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