senate Bill S735

2013-2014 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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

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S735 - 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 Previous Legislative Sessions:
2011-2012: S2742B
2009-2010: A11507B, S4315C

S735 - Bill Texts

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

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BILL NUMBER:S735

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,
2014, 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:

2011-12: S.2742-B/A.5346-A(Sweeney) (Passed Assembly 2012)
2009-10: S.4315-C (Thompson)/A.11507-B(Sweeney)
S.4315-A (Thompson)/A.7572-A Sweeney
2008: S.8100 (Thompson)/A.10302 Sweeney

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
________________________________________________________________________

                                   735

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. AVELLA, ADDABBO, ESPAILLAT, GIANARIS, KRUEGER, PARK-
  ER,  PERKINS, RIVERA, SERRANO, SQUADRON, STEWART-COUSINS -- 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,  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.
                                                           LBD03415-01-3

S. 735                              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, 2014, 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, 2016, AND EVERY THREE YEARS THEREAFTER,
THE DEPARTMENT SHALL ISSUE A REPORT ON:

S. 735                              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, 2016, 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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