S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11202
 
                           I N  A S S E M B L Y
 
                               June 14, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Cusick) --
   read once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   mandatory greenhouse gas emissions and clean energy standard reporting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new article 20 to read as follows:
                                ARTICLE 20
        STATEWIDE GREENHOUSE GAS AND RENEWABLE ENERGY REPORTING AND
                               TRANSPARENCY
 SECTION 20-0101. DEFINITIONS.
         20-0103. MANDATORY  GREENHOUSE  GAS  EMISSIONS  AND CLEAN ENERGY
                    STANDARD REPORTING.
 § 20-0101. DEFINITIONS.
   WHEN USED IN THIS ARTICLE:
   1. "ALTERNATIVE COMPLIANCE MECHANISM" MEANS AN ACTION UNDERTAKEN BY  A
 GREENHOUSE  GAS  EMISSIONS SOURCE THAT ACHIEVES THE EQUIVALENT REDUCTION
 OF GREENHOUSE GAS EMISSIONS OVER THE SAME TIME PERIOD AS A DIRECT  EMIS-
 SION  REDUCTION,  AND  THAT  IS  APPROVED  BY  THE DEPARTMENT. SUCH TERM
 INCLUDES, BUT IS NOT LIMITED TO, FLEXIBLE COMPLIANCE SCHEDULE,  ALTERNA-
 TIVE CONTROL TECHNOLOGY, A PROCESS CHANGE, OR A PRODUCT SUBSTITUTION.
   2.  "AUTHORITY"  MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
 MENT AUTHORITY.
   3. "CARBON DIOXIDE EQUIVALENT" MEANS THE AMOUNT OF CARBON  DIOXIDE  BY
 WEIGHT  THAT  WOULD  PRODUCE  THE  SAME GLOBAL WARMING IMPACT AS A GIVEN
 WEIGHT OF ANOTHER GREENHOUSE GAS, BASED ON THE BEST  AVAILABLE  SCIENCE,
 INCLUDING FROM THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE.
   4. "COMMISSION" MEANS THE PUBLIC SERVICE COMMISSION.
   5.  "COST-EFFECTIVE"  MEANS  THE COST PER UNIT OF REDUCED EMISSIONS OF
 GREENHOUSE GAS ADJUSTED FOR ITS GLOBAL WARMING POTENTIAL.
   6. "GREENHOUSE GAS" OR "GREENHOUSE GASES" MEANS AND  INCLUDES  ALL  OF
 THE  FOLLOWING GASES: CARBON DIOXIDE, METHANE, NITROUS OXIDE, HYDROFLUO-
 ROCARBONS, PERFLUOROCARBONS AND SULFUR HEXAFLOURIDE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16174-01-8

 A. 11202                            2
 
   7. "GREENHOUSE GAS EMISSIONS SOURCES" SHALL MEAN ANTHROPOGENIC SOURCES
 OF GREENHOUSE GAS EMISSIONS INCLUDING, BUT NOT BE LIMITED TO, THE TRANS-
 PORTATION SECTOR, ENERGY SECTOR, INDUSTRIAL SECTOR, AGRICULTURAL SECTOR,
 AND LAND USE AND FORESTRY.
   8. "MARKET-BASED COMPLIANCE MECHANISM" MEANS EITHER OF THE FOLLOWING:
   A. A SYSTEM OF MARKET-BASED DECLINING ANNUAL AGGREGATE EMISSIONS LIMI-
 TATIONS FOR SOURCES OR CATEGORIES OF SOURCES THAT EMIT GREENHOUSE GASES;
 OR
   B.  GREENHOUSE  GAS  EMISSIONS  EXCHANGES,  BANKING, CREDITS AND OTHER
 TRANSACTIONS, GOVERNED BY  RULES  AND  REGULATIONS  ESTABLISHED  BY  THE
 DEPARTMENT,  THAT  RESULT IN THE SAME GREENHOUSE GAS EMISSION REDUCTION,
 OVER THE SAME TIME PERIOD, AS  DIRECT  COMPLIANCE  WITH  GREENHOUSE  GAS
 EMISSION LIMITS OR EMISSION REDUCTION MEASURES ADOPTED BY THE DEPARTMENT
 PURSUANT TO THIS ARTICLE.
 § 20-0103. MANDATORY  GREENHOUSE GAS EMISSIONS AND CLEAN ENERGY STANDARD
              REPORTING.
   1. THE COMMISSION AND THE AUTHORITY SHALL  JOINTLY  EXAMINE,  EVALUATE
 AND  MAKE  RECOMMENDATIONS REGARDING THE STATE'S PROGRESS TOWARD MEETING
 THE GOALS OF THE CLEAN ENERGY STANDARD. THE COMMISSION AND THE AUTHORITY
 SHALL CONSULT WITH AND REQUEST DATA  FROM  ALL  AVAILABLE  ENTITIES  AND
 RESOURCES INCLUDING, BUT NOT LIMITED TO, THE NEW YORK INDEPENDENT SYSTEM
 OPERATOR.
   2. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN AND ANNU-
 ALLY  THEREAFTER,  THE COMMISSION AND THE AUTHORITY SHALL SUBMIT A JOINT
 REPORT OF THEIR FINDINGS AND RECOMMENDATIONS TO  THE  GOVERNOR  AND  THE
 LEGISLATURE AND SHALL SUBMIT WITH SUCH REPORT RECOMMENDED REGULATIONS OR
 LEGISLATIVE  PROPOSALS  AS THE COMMISSION AND THE DEPARTMENT DEEM NECES-
 SARY TO ACHIEVE THE STATE'S CLEAN ENERGY STANDARD GOALS SET FOR THE YEAR
 TWO THOUSAND THIRTY.
   3. THE ANNUAL CLEAN ENERGY STANDARD REPORT REQUIRED PURSUANT TO SUBDI-
 VISION TWO OF THIS SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO:
   A. A SUMMARY OF PROGRESS TOWARD MEETING NEW YORK'S CLEAN ENERGY STAND-
 ARD GOALS.
   B. A SUMMARY OF FEES, CHARGES AND COSTS IMPOSED BY THE COMMISSION FROM
 THE IMPLEMENTATION OF CLEAN ENERGY STANDARD,  REFORMING  ENERGY  VISION,
 ENERGY  EFFICIENCY, DISTRIBUTED ENERGY RESOURCES AND ZERO EMISSION CRED-
 ITS. SUCH SUMMARY SHALL PROVIDE A PERCENTAGE OF THE FOREGOING CHARGES AS
 APPLIED TO THE AVERAGE BILL OF A RATEPAYER OF SUCH UTILITY.
   C. A THOROUGH ACCOUNTING OF RESOURCES IN THE  RENEWABLE  ENERGY  BASE-
 LINE,  AND  ANALYSIS AND RECOMMENDATIONS FOR RETAINING SUCH RESOURCES IN
 THE MOST COST EFFECTIVE MANNER, INCLUDING ANALYSIS  OF  COMPETITION  FOR
 RENEWABLE RESOURCES IN THE REGION.
   D.  A  REPORT ON THE RELIABILITY OF THE STATE'S CURRENT ENERGY INFRAS-
 TRUCTURE, INCLUDING BUT NOT LIMITED TO, REPORTS OF  ANY  BOTTLENECKS  IN
 THE  TRANSMISSION  OF ENERGY OR ANY INTERRUPTIONS IN SERVICE EXPERIENCED
 BY RATEPAYERS THROUGHOUT THE STATE RELATED TO AVAILABILITY OF GENERATION
 OR TRANSMISSION.
   E. A REPORT ON THE RELIABILITY AND AVAILABILITY OF  GENERATION  BROKEN
 DOWN  BY RESOURCE CATEGORY INCLUDING BUT NOT LIMITED TO NUCLEAR, NATURAL
 GAS, COAL, WIND, SOLAR AND HYDRO GENERATION SOURCES.
   F. ANALYSIS OF THE CLEAN ENERGY STANDARD'S  CONSISTENCY  WITH  SECTION
 3-101 OF THE ENERGY LAW, AND THE MOST RECENT STATE ENERGY PLAN AS DEVEL-
 OPED PURSUANT TO SECTION 6-104 OF THE ENERGY LAW.
   4.  ON  OR  BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, AND
 EVERY THREE YEARS THEREAFTER, THE AUTHORITY  AND  THE  COMMISSION  SHALL

 A. 11202                            3
 
 INCLUDE  A  DETAILED REPORT OF THE GREENHOUSE GAS EMISSIONS IN THE CLEAN
 ENERGY STANDARD REPORT.
   5.  THE  GREENHOUSE  GAS  EMISSIONS  REPORT  SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   A. A SUMMARY OF GREENHOUSE GAS EMISSIONS  AND  CARBON  DIOXIDE  EQUIV-
 ALENTS FROM EACH CATEGORY OF GREENHOUSE GAS EMISSIONS SOURCES, BEGINNING
 WITH  THE  SOURCES  AND  CATEGORIES  OF  SOURCES THAT CONTRIBUTE MOST TO
 STATEWIDE EMISSIONS.
   B. A DESCRIPTION OF THE ACCOUNTING METHODOLOGY  FOR  MEASURING  GREEN-
 HOUSE GAS EMISSIONS.
   C.  STRATEGIES  AND RECOMMENDATIONS OF POLICIES THE STATE COULD INSTI-
 TUTE TO ACHIEVE THE GREENHOUSE GAS EMISSIONS GOAL SET IN THE CLEAN ENER-
 GY STANDARD.
   6. NO LATER THAN DECEMBER FIRST, TWO THOUSAND TWENTY  THE  COMMISSION,
 IN  CONSULTATION  WITH  THE  AUTHORITY,  SHALL  ISSUE  INCREASING ANNUAL
 TARGETS FOR CLEAN ENERGY ADOPTION FOR THE YEARS TWO THOUSAND  TWENTY-ONE
 THROUGH  TWO  THOUSAND  THIRTY,  INCLUSIVE. SUCH ANNUAL TARGETS SHALL BE
 CONSISTENT WITH THE CLEAN ENERGY STANDARD GOAL OF FIFTY PERCENT  RENEWA-
 BLE ENERGY BY THE YEAR TWO THOUSAND THIRTY.
   7.  THE  INCREASING  ANNUAL  TARGETS  ISSUED  BY  THE COMMISSION SHALL
 INCLUDE AN ANALYSIS OF COST-EFFECTIVE STRATEGIES THE COMMISSION AND  THE
 AUTHORITY COULD IMPLEMENT TO HELP ACHIEVE THE ANNUAL CLEAN ENERGY STAND-
 ARD  GOALS  INCLUDING, BUT NOT LIMITED TO, MARKET BASED COMPLIANCE MECH-
 ANISMS, ALTERNATIVE COMPLIANCE MECHANISMS, CHANGES TO RESOURCE ELIGIBIL-
 ITY IN EXISTING PROGRAMS,  LONG  TERM  CONTRACTING  AUTHORITY,  POLICIES
 IMPLEMENTED  IN  OTHER JURISDICTIONS, BUNDLED POWER PURCHASE AGREEMENTS,
 TRANSMISSION DEVELOPMENT AND INVESTMENTS, AND LEGISLATIVE CHANGES.
   § 2. This act shall take effect immediately.