S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1584
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by Sens. AVELLA, ADDABBO, BRESLIN, DILAN, GIANARIS, HOYLMAN,
   KRUEGER, LATIMER, MONTGOMERY, PARKER, PERALTA, PERKINS, RIVERA, SERRA-
   NO, SQUADRON, STAVISKY, STEWART-COUSINS  --  read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental 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.
              

                                                            LBD00693-01-7

 S. 1584                             2
 
 encouraging the development of sustainable,  non-polluting  technologies
 such as solar, wind, geothermal and ocean currents.
   §  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.
 § 19-1301. SHORT TITLE.
   THIS TITLE MAY BE CITED AS THE "GLOBAL WARMING POLLUTION CONTROL ACT".
 § 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.
 § 19-1305. GREENHOUSE GAS REPORTING.
   1. NO LATER THAN MAY 1, 2018, 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, 2020, AND EVERY THREE YEARS THEREAFTER,
 THE DEPARTMENT SHALL ISSUE A REPORT ON:
   (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

 S. 1584                             3

   (B)  THE PROGRESS MADE BY THE DEPARTMENT IN ACHIEVING THE REQUIREMENTS
 OF SECTION 19-1307 OF THIS TITLE.
 § 19-1307. GREENHOUSE GAS LIMITS.
   1. NO LATER THAN JANUARY 1, 2020, 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, 2024 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
 THIS SECTION SHALL BE REDUCED BY 20 PERCENT.
   (B) ON JANUARY 1, 2029 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
 THIS SECTION SHALL BE REDUCED BY 30 PERCENT.
   (C)  ON  JANUARY  1,  2034 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
 THIS SECTION SHALL BE REDUCED BY 40 PERCENT.
   (D) ON JANUARY 1, 2039 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
 THIS SECTION SHALL BE REDUCED BY 50 PERCENT.
   (E)  ON  JANUARY  1,  2044 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
 THIS SECTION SHALL BE REDUCED BY 60 PERCENT.
   (F) ON JANUARY 1, 2049 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
 THIS SECTION SHALL BE REDUCED BY 70 PERCENT.
   (G)  ON  JANUARY  1,  2054,  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.
   § 3. This act shall take effect immediately.