senate Bill S7457

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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Senate Actions - UPPERCASE
May 15, 2014 referred to environmental conservation

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S7457 - Bill Details

See Assembly Version of this Bill:
A6327A
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 19 Title 13 ยงยง19-1301 - 19-1305, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A5346A
2009-2010: A7572A

S7457 - 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:S7457

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 DEC to be a significant contributor to
global warming;

* define "major greenhouse gas emission source" as any source or catego-
ry of sources of greenhouse gas emissions, determined by the department
to be capable of being monitored for compliance, and shall at a minimum
include emissions:

a. associated with fossil fuels;

b. from any utility generating or delivering electricity consumed in the
state;

c. stationary sources permitted pursuant to section 19-0311 of this
article; and

d. from any additional entities that are emitters of greenhouse gases,
as determined by the department;

* provide compliance assistance to small business;

* initially focus on state facility compliance;

* authorize DEC to promulgate rules and regulations, by May 1, 2015,
requiring annual greenhouse gas emission reporting from greenhouse gas
emission sources.

JUSTIFICATION: New York and the rest of the nation have encountered
record high temperatures, hurricanes, long and difficult winters, floods
and other harsh weather conditions. NASA has stated that these weather
conditions are being caused by humans. Recently, the White House
released a report stating that global climate change is here and we are
feeling the effects of it today. There is near total agreement in the
scientific community that greenhouse gases emitted into our atmosphere
are the major cause of climate change.

Environmental Advocates have stated that, "The prevention of further
climate damage will require a wholesale transformation to a clean energy
economy. This measure will propel the state forward by establishing
aggressive emission targets across all sectors where emissions can be
measured (including power generation and distribution, transportation,
construction, building efficiency, manufacturing, and waste) and includ-
ing all greenhouse gases (not just carbon dioxide)."

FISCAL IMPLICATIONS: To be determined

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
________________________________________________________________________

                                  7457

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen. SANDERS -- 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  and  the  resulting
extreme weather events pose a serious threat to the economic well-being,
public health, natural resources and environment of New York.
  Extreme  weather  events  have become increasingly common, with Super-
storm Sandy, and hurricanes Lee and  Irene  providing  the  most  recent
examples.    The potential adverse impacts of global warming include the
exacerbation of air quality problems, a reduction  in  the  quality  and
supply  of  fresh  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, fores-
try, tourism, skiing, and recreational and commercial fishing.
  The Intergovernmental Panel on  Climate  Change,  which  received  the
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 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.
  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.
  S  2.  Article  19 of the environmental conservation law is amended by
adding a new title 13 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09886-03-4

S. 7457                             2

                                TITLE 13
                    GLOBAL WARMING POLLUTION CONTROL

SECTION 19-1301. DEFINITIONS.
        19-1303. GREENHOUSE GAS REPORTING.
        19-1305. GREENHOUSE GAS LIMITS.
S 19-1301. 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. "MAJOR GREENHOUSE GAS EMISSION SOURCE" MEANS ANY SOURCE OR CATEGORY
OF  SOURCES OF GREENHOUSE GAS EMISSIONS, DETERMINED BY THE DEPARTMENT TO
BE CAPABLE OF BEING MONITORED FOR COMPLIANCE, AND  SHALL  AT  A  MINIMUM
INCLUDE EMISSIONS:
  (A)  ASSOCIATED  WITH  FOSSIL FUELS USED IN THE STATE BY ENTITIES THAT
ARE  MANUFACTURERS,  PRODUCERS  AND/OR  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;
  (C)  STATIONARY  SOURCES PERMITTED PURSUANT TO SECTION 19-0311 OF THIS
ARTICLE; AND
  (D) FROM ANY ADDITIONAL  ENTITIES  THAT  ARE  EMITTERS  OF  GREENHOUSE
GASES, AS DETERMINED BY THE DEPARTMENT.
S 19-1303. GREENHOUSE GAS REPORTING.
  1.  NO  LATER  THAN MAY 1, 2015, THE DEPARTMENT SHALL PROMULGATE RULES
AND REGULATIONS REQUIRING ANNUAL GREENHOUSE GAS EMISSIONS REPORTING FROM
MAJOR GREENHOUSE GAS EMISSION SOURCES. THE REGULATIONS SHALL:
  (A) INCLUDE GREENHOUSE GAS EMISSIONS FROM  ALL  MAJOR  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 MAJOR GREENHOUSE GAS EMISSION SOURCE MAINTAINS
COMPREHENSIVE 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.
  (C) PROVIDE COMPLIANCE ASSISTANCE TO SMALL BUSINESSES PURSUANT TO  THE
PROVISIONS OF SECTIONS 19-0313 AND 19-0315 OF THIS ARTICLE.
  3.  NO  LATER  THAN JANUARY 1, 2018, AND EVERY THREE YEARS THEREAFTER,
THE DEPARTMENT SHALL ISSUE A REPORT ON:
  (A) THE ANNUAL GREENHOUSE GAS EMISSIONS FROM ALL MAJOR GREENHOUSE  GAS
EMISSION  SOURCES,  INCLUDING  THE  RELATIVE  CONTRIBUTION OF EACH MAJOR
GREENHOUSE GAS EMISSION SOURCE TO STATEWIDE  GREENHOUSE  GAS  EMISSIONS;
AND
  (B)  THE PROGRESS MADE BY THE DEPARTMENT IN ACHIEVING THE REQUIREMENTS
OF SECTION 19-1305 OF THIS TITLE.

S. 7457                             3

S 19-1305. GREENHOUSE GAS LIMITS.
  1. NO LATER THAN JANUARY 1, 2017, THE DEPARTMENT, AFTER A PUBLIC HEAR-
ING, AND CONSULTATION WITH REPRESENTATIVES OF BUSINESS INTERESTS, COMMU-
NITY  ORGANIZATIONS,  ENVIRONMENTAL  GROUPS,  MUNICIPAL CORPORATIONS AND
OTHER STAKEHOLDERS, 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  AGGRE-
GATE  LIMIT  SHALL NOT BE GREATER THAN THE AGGREGATE LEVEL OF GREENHOUSE
GAS EMISSIONS FOR CALENDAR 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) INITIALLY FOCUS UPON ENSURING STATE FACILITY COMPLIANCE;
  (B) 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;
  (C) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS; AND
  (D)  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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