Senate Bill S2429

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2429
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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
   establishing  a goal to reduce greenhouse gas emissions eighty percent
   by 2050 and preparing a climate action plan

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent and findings. Governor David A. Paterson
 issued Executive Order No. 24 on August 6, 2009 entitled "Establishing a
 Goal  to Reduce Greenhouse Gas Emissions Eighty Percent by the Year 2050
 and Preparing a Climate Action Plan." This Executive Order was continued
 by Governor Andrew M. Cuomo. The purpose of this act is to codify Execu-
 tive Order No. 24 that was issued August 6, 2009.
   An emerging scientific consensus recognizes that the increased concen-
 tration of carbon dioxide in the atmosphere, along with other heat-trap-
 ping greenhouse gases, resulting from the combustion of fossil fuels and
 other human sources, warms the planet  and  changes  its  climate.  Many
 scientists warn that unmitigated climate change is expected to result in
 significant  adverse impact to our communities, economy and environment.
 According to the scientific assessments of the United Nations  Intergov-
 ernmental   Panel   on  Climate  Change,  and  other  work,  substantial
 reductions in greenhouse gas emissions by mid-century have the potential
 to minimize the most severe climate change impacts currently predicted.
   The reduction of global  warming  and  limitation  of  climate  change
 effects  requires  a  collaborative,  international effort to reduce the
 emission of greenhouses gases around the globe.    New  York  and  other
 states should work collaboratively with the federal government to devel-
 op  and  implement  plans  and  policies that will achieve reductions in
 greenhouse gas emissions in the United States.  Expanding and  advancing
 energy  efficiency  and renewable energy projects will reduce greenhouse
 gas emissions and create new jobs.   New  York  State  has  demonstrated
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07693-01-7

 S. 2429                             2
 
 leadership  in this effort by undertaking various actions.  It is appro-
 priate to build  upon  the  important  environmental  benefits  obtained
 through  these  actions  and  to  establish  a  State-wide  goal for the
 reduction  of  greenhouse  gases, and to develop a plan that enables New
 York to participate fully in the national and international  efforts  to
 combat climate change.
   §  2.  Article  19 of the environmental conservation law is amended by
 adding a new title 13 to read as follows:
 
                                 TITLE 13
                          CLIMATE ACTION COUNCIL
 SECTION 19-1301. CLIMATE ACTION COUNCIL.
 § 19-1301. CLIMATE ACTION COUNCIL.
   1. IT SHALL BE A GOAL OF THE STATE  OF  NEW  YORK  TO  REDUCE  CURRENT
 GREENHOUSE  GAS  EMISSIONS  FROM  ALL  SOURCES  WITHIN  THE STATE EIGHTY
 PERCENT BELOW LEVELS EMITTED IN THE YEAR NINETEEN HUNDRED NINETY BY  THE
 YEAR TWO THOUSAND FIFTY.
   2.  THERE  IS  HEREBY  CREATED  A  CLIMATE  ACTION COUNCIL ("COUNCIL")
 CONSISTING OF THE COMMISSIONERS OF  AGRICULTURE  AND  MARKETS,  ECONOMIC
 DEVELOPMENT,  ENVIRONMENTAL CONSERVATION, HOUSING AND COMMUNITY RENEWAL,
 AND TRANSPORTATION; THE CHAIRS OF THE PUBLIC SERVICE COMMISSION AND  THE
 METROPOLITAN  TRANSPORTATION  AUTHORITY;  THE PRESIDENTS OF THE NEW YORK
 STATE ENERGY RESEARCH  AND  DEVELOPMENT  AUTHORITY,  LONG  ISLAND  POWER
 AUTHORITY, NEW YORK POWER AUTHORITY AND DORMITORY AUTHORITY OF THE STATE
 OF  NEW  YORK;  THE  SECRETARY OF STATE; THE DIRECTOR OF THE BUDGET; THE
 DIRECTOR OF STATE OPERATIONS; AND  THE  COUNSEL  TO  THE  GOVERNOR.  THE
 DIRECTOR OF STATE OPERATIONS SHALL SERVE AS THE CHAIR OF THE COUNCIL.
   3.  THE COUNCIL SHALL PREPARE A DRAFT CLIMATE ACTION PLAN ON OR BEFORE
 SEPTEMBER THIRTIETH, TWO  THOUSAND  EIGHTEEN.  THE  COUNCIL  SHALL  HOLD
 REGIONAL  PUBLIC  COMMENT HEARINGS ON THE DRAFT PLAN, AND SHALL ALLOW AT
 LEAST SIXTY DAYS FOR THE SUBMISSION OF PUBLIC COMMENT.  THEREAFTER,  THE
 COUNCIL  SHALL  PREPARE  A  FINAL  CLIMATE  ACTION  PLAN  WHICH SHALL BE
 REVIEWED AND, IF WARRANTED, ADJUSTED ANNUALLY BY THE COUNCIL.
   4. IN ASPIRING TO MEET THE GREENHOUSE GAS EMISSION REDUCTION GOAL, THE
 COUNCIL, IN PREPARING THE CLIMATE ACTION PLAN, SHALL:
   A. INVENTORY GREENHOUSE GAS EMISSIONS WITHIN THE STATE, INCLUDING  THE
 RELATIVE CONTRIBUTION OF EACH TYPE OF EMISSION SOURCE;
   B.  IDENTIFY  AND  ASSESS  SHORT-TERM  AND LONG-TERM ACTIONS TO REDUCE
 GREENHOUSE GAS EMISSIONS AND ADAPT TO CLIMATE CHANGE ACROSS ALL ECONOMIC
 SECTORS,  INCLUDING  INDUSTRY,  TRANSPORTATION,  AGRICULTURE,   BUILDING
 CONSTRUCTION AND ENERGY PRODUCTION;
   C.  IDENTIFY  AND ANALYZE THE ANTICIPATED REDUCTIONS, AND THE ECONOMIC
 IMPLICATIONS THEREOF, AS A RESULT OF EACH ACTION;
   D. IDENTIFY THE  ANTICIPATED  LIFE-CYCLE  IMPLICATIONS,  CONSEQUENCES,
 BENEFITS  AND COSTS OF IMPLEMENTING EACH ACTION, INCLUDING IMPLICATIONS,
 CONSEQUENCES, BENEFITS AND COSTS TO THE STATE, LOCAL GOVERNMENTS,  BUSI-
 NESSES AND RESIDENTS FROM IMPLEMENTATION OF EACH OPTION AND ACTION;
   E.  IDENTIFY  WHETHER  SUCH ACTIONS SUPPORT NEW YORK'S GOALS FOR CLEAN
 ENERGY IN THE NEW ECONOMY, INCLUDING SPECIFIC SHORT-TERM  AND  LONG-TERM
 ECONOMIC  DEVELOPMENT  OPPORTUNITIES AND DISADVANTAGES RELATED TO GREEN-
 HOUSE GAS EMISSION REDUCTIONS AND THE DEVELOPMENT AND DEPLOYMENT OF  NEW
 AND EMERGING TECHNOLOGIES AND ENERGY SOURCES;
   F. COORDINATE ITS ACTIVITIES WITH THE STATE ENERGY PLANNING PROCESS OF
 THE STATE ENERGY PLANNING BOARD;
   G.  IDENTIFY  EXISTING  LEGAL,  REGULATORY  AND  POLICY CONSTRAINTS TO
 REDUCING GREENHOUSE GAS EMISSIONS,  ASSESSING  THE  IMPACTS  OF  CLIMATE

 S. 2429                             3
 
 CHANGE,  AND  ADAPTING  TO CLIMATE CHANGE, AND RECOMMEND WAYS TO ADDRESS
 ANY SUCH CONSTRAINTS;
   H.  ESTABLISH  ESTIMATED  TIMELINES  FOR  CONSIDERING AND IMPLEMENTING
 ACTIONS; AND
   I. UNDERTAKE SUCH ACTIONS, AND COMPILE SUCH  ADDITIONAL  MATERIAL,  AS
 DEEMED  APPROPRIATE  BY THE COUNCIL IN CARRYING OUT ITS RESPONSIBILITIES
 UNDER THIS SECTION.
   5. MEMBERS OF THE COUNCIL MAY DESIGNATE AN EXECUTIVE STAFF  MEMBER  TO
 REPRESENT  THEM  AND PARTICIPATE ON THE COUNCIL ON THEIR BEHALF, SUBJECT
 TO THE APPROVAL OF THE CHAIR. A MAJORITY OF THE MEMBERS OF  THE  COUNCIL
 SHALL  CONSTITUTE  A  QUORUM, AND ALL ACTIONS AND RECOMMENDATIONS OF THE
 COUNCIL SHALL REQUIRE APPROVAL OF A MAJORITY OF  THE  TOTAL  MEMBERS  OR
 THEIR REPRESENTATIVES.
   6.  THE  ENTITIES REPRESENTED ON THE COUNCIL ARE AUTHORIZED TO PROVIDE
 THE PRIMARY STAFF AND OTHER RESOURCES THAT ARE NECESSARY FOR THE COUNCIL
 TO COMPLY WITH THIS SECTION. IN ADDITION, EVERY  OTHER  AGENCY,  DEPART-
 MENT,  OFFICE, DIVISION AND PUBLIC AUTHORITY OF THIS STATE SHALL COOPER-
 ATE WITH THE COUNCIL AND FURNISH SUCH INFORMATION AND ASSISTANCE AS  THE
 COUNCIL  DETERMINES  IS  REASONABLY NECESSARY FOR IT TO COMPLY WITH THIS
 SECTION.
   7. THE COUNCIL MAY CONVENE ADVISORY PANELS TO ASSIST OR ADVISE  IT  IN
 AREAS REQUIRING SPECIAL EXPERTISE OR KNOWLEDGE.
   8.  THE CLIMATE ACTION PLAN IS NOT INTENDED TO BE STATIC, BUT RATHER A
 DYNAMIC AND CONTINUALLY EVOLVING STRATEGY TO ASSESS AND ACHIEVE THE GOAL
 OF SUSTAINED REDUCTIONS OF GREENHOUSE GAS EMISSIONS.
   § 3. This act shall take effect immediately.