S T A T E O F N E W Y O R K
________________________________________________________________________
4497
2017-2018 Regular Sessions
I N A S S E M B L Y
February 2, 2017
___________
Introduced by M. of A. ORTIZ, GALEF, JAFFEE, LUPARDO, LAVINE, WRIGHT,
COLTON -- Multi-Sponsored by -- M. of A. LIFTON, McDONOUGH, PERRY,
ROSENTHAL, TITUS -- read once and referred to the Committee on Envi-
ronmental Conservation
AN ACT to amend the environmental conservation law, in relation to
reducing global warming emissions levels
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds and
declares it necessary to join the worldwide fight against global warming
and its detrimental impact on the public health, environment, and the
economy of New York state. The legislature finds that global warming
threatens New York state's environment and economic security through
projected changes in temperature, precipitation and sea level. These
changes harm natural ecosystems, threaten industries including agricul-
ture, forestry, fishing and tourism, and harm the health of New Yorkers.
The legislature finds it necessary to implement a statewide cap on emis-
sions levels and in effectively doing so, to implement a mandatory
reporting system to track and monitor global warming emissions levels.
§ 2. The environmental conservation law is amended by adding a new
section 19-0316 to read as follows:
§ 19-0316. REDUCTIONS IN GLOBAL WARMING EMISSIONS.
1. NO LATER THAN JANUARY FIRST, TWO THOUSAND EIGHTEEN, THE COMMISSION-
ER SHALL PROMULGATE RULES AND REGULATIONS IMPLEMENTING A STATEWIDE
REDUCTION IN GLOBAL WARMING EMISSIONS IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION. SUCH RULES AND REGULATIONS SHALL SET PERMANENT CAPS ON
LEVELS OF TOTAL GLOBAL WARMING EMISSIONS, WHICH FOR ALL SOURCES SUBJECT
TO THIS SECTION SHALL BE AS FOLLOWS:
(A) AS OF JANUARY FIRST, TWO THOUSAND TWENTY, A FIFTEEN PERCENT
REDUCTION IN TOTAL EMISSIONS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08965-01-7
A. 4497 2
(B) AS OF JANUARY FIRST, TWO THOUSAND TWENTY-TWO, A TWENTY PERCENT
REDUCTION IN TOTAL EMISSIONS;
(C) BY TWO THOUSAND TWENTY-SEVEN, A TWENTY-FIVE PERCENT REDUCTION IN
TOTAL EMISSIONS, AT WHICH SUCH LEVEL OF EMISSIONS SHALL BE NO MORE THAN
THE TOTAL EMISSIONS LEVEL IN NINETEEN HUNDRED NINETY; AND
(D) BY TWO THOUSAND FIFTY-SEVEN, AN EIGHTY PERCENT REDUCTION IN TOTAL
EMISSIONS AT WHICH SUCH LEVEL OF EMISSIONS SHALL BE NO MORE THAN THE
TOTAL EMISSIONS LEVEL IN NINETEEN HUNDRED NINETY.
2. THE COMMISSIONER SHALL ESTABLISH A STATEWIDE MANDATORY REPORTING
SYSTEM TO TRACK AND MONITOR GLOBAL WARMING EMISSIONS LEVELS AND SHALL
FORMULATE A PLAN BY WHICH NEW YORK STATE BUSINESS SHALL UNIFORMLY ADAPT
AND COMPLY WITH THE RULES AND REGULATIONS REQUIRED BY THIS SECTION.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFLICT WITH ANY
OTHER EXISTING PROVISION OF LAW RELATING TO ANY MEASURES OR PRACTICES
TAKEN TO RESTRICT, REDUCE OR LIMIT ANY EMISSIONS FOUND TO CONTRIBUTE TO
GLOBAL WARMING AND SHALL NOT BE CONSTRUED TO SUPERSEDE MORE STRINGENT
EMISSION LIMITATIONS OR PRACTICES APPLICABLE ON THE EFFECTIVE DATE OF
THIS SECTION OR MAY BECOME APPLICABLE AFTER SUCH EFFECTIVE DATE.
§ 3. This act shall take effect immediately.