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

                                 205--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- 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  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01941-03-5
              

S. 205--A                           2

  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:
                                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, 2016, 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.

S. 205--A                           3

  3. NO LATER THAN JANUARY 1, 2019, 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 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.