Senate Bill S7253

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7253
 
                             I N  S E N A T E
 
                              January 5, 2018
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  and  the  community
   risk  and  resiliency  act,  in  relation to establishing the New York
   state climate responsibility act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "New York
 state climate responsibility act".
   § 2. Legislative findings. The legislature hereby finds  and  declares
 that:
   1.  Climate  change  threatens  mankind  and  the planet. Its negative
 effects have already been felt in New York with abnormally high  temper-
 atures  and  extreme  storms  like Hurricane Sandy, which resulted in 65
 billion dollars of damage. Future threats to the planet  and  the  state
 include  sea  level  rise, more frequent and extreme storms, flooding of
 coastal areas including New York City,  heat  waves,  drought,  loss  of
 agricultural  production,  loss  of  species  and  ecosystems,  and  the
 increased spread of infectious diseases. These impacts  threaten  state,
 national,  and world economies, endanger life and property, and jeopard-
 ize public health and safety. They also place increased strain on exist-
 ing infrastructure, hinder the delivery of critical services, and foster
 political instability.
   2. According to the Intergovernmental Panel on Climate Change and U.S.
 Global Change Research Program, substantial reductions in greenhouse gas
 emissions are required by mid-century to limit global warming to no more
 than 2 degrees Celsius and ideally to no more than 1.5  degrees  Celsius
 compared  to  pre-industrial  levels,  and  thus  avoid  the most severe
 impacts of climate change. Specifically, by  2050  industrialized  coun-
 tries  must reduce their greenhouse gas emissions by at least 80 percent
 below 1990 levels to stay within 2 degrees Celsius. Tackling the climate
 crisis requires attention to all greenhouse gases. This includes  carbon
 dioxide produced during the combustion of fossil fuels, as well as meth-
 ane  from  natural  gas  systems  that  leak  or vent to the atmosphere.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10760-05-8

 S. 7253                             2
 
 According to the Intergovernmental Panel on Climate Change,  methane  is
 86  times  more potent than carbon dioxide as a driver of climate change
 over a 20 year period.
   3.  Due  to the state's continued dependence on fossil fuels, New York
 is not on track to meet its  greenhouse  gas  reduction  goals.  Despite
 growth in wind and solar technology, expansion of electricity generation
 from  natural  gas, measured in watt-hours, continues to outpace renewa-
 bles. Furthermore, fossil fuels continue to be the overwhelmingly  domi-
 nant  source  of  energy for end-user purposes, including transportation
 and heating.
   4. In 2016, the New York state public  service  commission  adopted  a
 clean  energy  standard  which  seeks  to  ensure that 50 percent of the
 state's electricity comes from renewable sources by 2030. However, elec-
 tricity generation is responsible for only about a quarter of New York's
 combustion emissions and, if fully implemented, the clean energy  stand-
 ard  would  reduce  those  emissions from the electricity sector by only
 about a quarter of what they are today.  This  fraction  of  a  fraction
 represents  a  small  piece of New York's carbon footprint. Furthermore,
 the clean energy standard program is based  on  an  analysis  of  future
 demand  that  does  not  account for the necessary conversion of end-use
 systems. In order to meet statewide greenhouse gas reduction goals, most
 vehicles and other forms of transportation that burn fossil fuels  today
 must  be replaced with those that use electricity. Likewise, millions of
 heating systems that burn oil or gas will have to be replaced with high-
 efficiency electric heat pumps.   Transportation and  onsite  uses  like
 heating,  together  comprise  approximately three-quarters of New York's
 carbon footprint from combustion, so the  conversion  of  these  systems
 will  require  far more electricity than anticipated by the clean energy
 standard, likely twice as much or more, to meet the state's "80  percent
 by  2050" goal. To date, no effort has been made to quantify or plan for
 this additional generation of electricity, which will also  have  to  be
 carbon-free.
   5. In order for New York to meet its greenhouse gas reduction goals, a
 comprehensive  statewide  strategy  involving  the  dedicated support of
 state agencies, the governor, legislature, and private sector is  essen-
 tial--a  "Marshall Plan" for climate action.  Required is the synchroni-
 zation of two very complex processes: (1) the scheduled phasing  out  of
 fossil fuel power plants and end-user systems, including vehicles, heat-
 ing  systems,  and  industrial equipment that burn fossil fuels; and (2)
 the scheduled siting, deployment, and installation of renewables,  zero-
 emission  end-user  technology, and efficiency improvements at scale and
 on time to ensure that greenhouse gas  reductions  occur  while  meeting
 demand  and maintaining services. Success requires a careful analysis of
 technological changes that must occur, including both energy supply  and
 demand  components,  and  the  development of a timeline for key actions
 that must take place. Setting goals or emission limits without preparing
 this kind of plan will not bring about the comprehensive  transformation
 required.
   6. The New York state climate responsibility act is designed to ensure
 that state greenhouse gas reduction goals are achieved by establishing a
 climate  action council, made up of relevant state agencies and experts.
 The primary purpose of the council is to  prepare  a  comprehensive  and
 coherent statewide greenhouse gas reduction plan to serve as the founda-
 tion  for  the  coordinated development of rules, regulations, programs,
 and policies by various agencies. A critical component of  this  is  the
 planning  and  scheduling  of key actions relating to the phasing out of

 S. 7253                             3
 
 fossil fuels, including natural  gas,  and  phasing  in  of  carbon-free
 alternatives.    In addition, this act requires that the council prepare
 an annual status report and update the plan every four years. The intent
 of  this act is to promote inter-agency cooperation and results-oriented
 action.
   7. Actions of the council and its member agencies shall  be  based  on
 adherence  to  greenhouse gas emission limits established by the depart-
 ment of environmental conservation in four-year intervals, and  consist-
 ent  with meeting greenhouse gas reduction targets for 2030 and 2050, as
 set forth in this act. Total statewide and sector-based emission  limits
 shall be set for each type of greenhouse gas.
   8.  To  measure progress accurately and provide for timely adjustments
 to policy, this act also requires that the department  of  environmental
 conservation  prepare an annual report on total statewide greenhouse gas
 emissions. The department's report shall be  a  comprehensive  inventory
 and assessment, using the best available science and informed by a vari-
 ety  of  data  on  fuel consumption, emission rates from actual sources,
 peer-reviewed research, and field measurements as appropriate.  Unbiased
 and  consistent  methodologies shall be used to ensure that findings are
 valid and reductions are real. The report shall also account  for  emis-
 sions  associated  with  imported electricity. Production of a credible,
 up-to-date greenhouse gas emissions report is critical for New  York  to
 meet its climate goals.
   9. Developing a plan to ensure that New York will deliver on its prom-
 ises  of dramatic and consistent greenhouse gas reduction over time will
 not only benefit the climate and set an example to the world of  genuine
 climate  leadership;  it  will  have  tremendous  environmental, health,
 economic, and societal benefits.
   10. Environmental justice communities are often harmed by  the  siting
 of  energy infrastructure, with children and the elderly in those commu-
 nities suffering the most. By  phasing  out  fossil  fuel  power  plants
 (large  and  small), pipelines, compressor stations, gas storage facili-
 ties, and equipment at industrial facilities  that  burn  fossil  fuels,
 this  act  particularly benefits environmental justice communities since
 exposure to the co-pollutants of greenhouse gas emissions would be elim-
 inated. This act also specifically requires that the trading  of  green-
 house  gas or pollutant allowances not disproportionately impact econom-
 ically  disadvantaged  communities  or  communities  of  color,  and  it
 prioritizes  measures to reduce co-pollutants in communities with great-
 est exposure. By focusing on the attainment of greenhouse gas  reduction
 goals, this act seeks to protect all people, regardless of race, nation-
 ality,  or  socioeconomic status.  Additionally, by dramatically cutting
 New York's demand for fossil fuels, this act can help to reduce  adverse
 air  and  water  quality  impacts  to  communities in other states where
 hydraulic fracturing and other forms of fossil fuel extraction occur.
   11. According to the World  Health  Organization,  climate  change  is
 expected  to  cause approximately 250,000 deaths every year between 2030
 and 2050, including 38,000 from heat exposure in elderly people,  48,000
 from  diarrhea, 60,000 from malaria, and 95,000 from childhood malnutri-
 tion. The National Institute of Environmental Health  Sciences  predicts
 that  climate change will cause or exacerbate respiratory and cardiovas-
 cular diseases, heat-related morbidity and mortality, stress-related and
 neurological disorders, developmental delay,  foodborne  and  waterborne
 diseases, malnutrition, and disease from vectors or pathogens. The Mount
 Sinai  School  of  Medicine  found that the direct and indirect costs of
 environmentally mediated illness in New York state total  $4.35  billion

 S. 7253                             4
 
 annually.  By  substantially reducing greenhouse gas emissions, New York
 can help to reduce the severity of these impacts, not  only  within  the
 state, but globally.
   12.  The  World  Health Organization reports that three million people
 die prematurely every year from  airborne  pollution.  A  study  by  the
 Massachusetts  Institute  of  Technology  found  that  within the United
 States, 200,000 premature deaths  occur  from  air  pollution  annually,
 53,000  from  vehicle  emissions  and 52,000 from power generation emis-
 sions.   In New York City alone,  pollution  is  responsible  for  2,300
 premature  deaths,  4,800  emergency  room  visits for asthma, and 1,500
 hospitalizations annually. In fact, in 2013, deaths from  air  pollution
 in New York City exceeded homicides by a factor of eight. Clearly elimi-
 nating  fossil  fuels that are responsible for air pollution, especially
 within urban areas, is one of the single-most effective ways  of  saving
 lives.
   13. The economic benefits of achieving energy independence with renew-
 ables  in  New  York,  rather  than  relying on fossil fuels from out of
 state, are tremendous. According to a report published by the University
 of Massachusetts, for every million  dollars  spent  on  energy  in  the
 United  States,  the  oil  and  gas industry creates only 3.7 direct and
 indirect jobs, while similar investments in wind and solar energy create
 9.5 and 9.8 jobs, respectively. In fact, if  New  York  were  to  switch
 entirely  to renewables for energy, it has been estimated that more than
 269,000 permanent jobs could be created. Labor stands  to  gain  signif-
 icantly  from a greenhouse gas reduction plan that is capable of meeting
 its goals. In order to maximize economic benefits  to  New  Yorkers  and
 encourage  the  most  efficient  provision  of resources, this act addi-
 tionally requires that at least 80 percent of the  state's  electricity,
 including from renewables, be generated in New York. This act also calls
 for  programs  to  encourage  the  manufacture and assembly of renewable
 energy components in-state.
   § 3. The environmental conservation law is amended  by  adding  a  new
 article 50 to read as follows:
                                ARTICLE 50
                              CLIMATE CHANGE
 SECTION 50-0101. DEFINITIONS.
         50-0103. NEW YORK STATE CLIMATE ACTION COUNCIL.
         50-0105. STATEWIDE GREENHOUSE GAS EMISSIONS REPORT.
         50-0107. STATEWIDE GREENHOUSE GAS REDUCTION PLAN.
         50-0109. STATEWIDE GREENHOUSE GAS EMISSION LIMITS.
         50-0111. GREENHOUSE GAS REDUCTION ACTION BY THE DEPARTMENT.
 § 50-0101. DEFINITIONS.
   AS  USED  IN THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   1. "CARBON DIOXIDE EQUIVALENT" MEANS THE AMOUNT OF CARBON  DIOXIDE  BY
 MASS  THAT  WOULD PRODUCE THE SAME GLOBAL WARMING IMPACT AS A GIVEN MASS
 OF ANOTHER GREENHOUSE GAS OVER AN  INTEGRATED  TWENTY  YEAR  TIME  FRAME
 AFTER EMISSION, BASED ON THE BEST AVAILABLE SCIENCE.
   2.  "CARBON-FREE  SOURCE"  MEANS A SOURCE OF ENERGY THAT, UNLIKE COAL,
 OIL, GAS, BIOMASS, OR GARBAGE  INCINERATION,  DOES  NOT  PRODUCE  CARBON
 DIOXIDE EMISSIONS.
   3.  "CO-POLLUTANTS"  MEANS HAZARDOUS AIR POLLUTANTS PRODUCED BY GREEN-
 HOUSE GAS EMISSIONS SOURCES.
   4. "CLIMATE ACTION COUNCIL" OR "COUNCIL"  MEANS  THE  NEW  YORK  STATE
 CLIMATE  ACTION  COUNCIL ESTABLISHED PURSUANT TO SECTION 50-0103 OF THIS
 ARTICLE.

 S. 7253                             5
 
   5. "END-USER" MEANS THE FINAL CONSUMER OF ENERGY IN A PROCESS OF ENER-
 GY PRODUCTION AND DELIVERY. END-USER SYSTEMS INCLUDE EQUIPMENT  SUCH  AS
 INTERNAL-COMBUSTION  VEHICLES  THAT BURN GASOLINE AND HOME FURNACES THAT
 BURN OIL OR NATURAL GAS.
   6.  "ENERGY STORAGE" MEANS THE STORAGE OF ENERGY FOR FUTURE USE, TYPI-
 CALLY FROM INTERMITTENT SOURCES OF ELECTRICITY SUCH AS RENEWABLES. TYPES
 OF STORAGE INCLUDE,  BUT  ARE  NOT  LIMITED  TO,  BATTERIES,  FLYWHEELS,
 COMPRESSED AIR STORAGE, AND HYDROELECTRIC PUMPED STORAGE.
   7.  "GREENHOUSE  GAS"  MEANS  CARBON  DIOXIDE, METHANE, NITROUS OXIDE,
 HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
 SUBSTANCE EMITTED INTO THE AIR THAT CONTRIBUTES TO CLIMATE CHANGE.
   8. "GREENHOUSE GAS EMISSIONS FROM THE ENERGY SECTOR" MEANS  THE  TOTAL
 EMISSIONS OF GREENHOUSE GASES PRODUCED WITHIN THE STATE FROM ELECTRICITY
 GENERATION,  INDUSTRY,  TRANSPORTATION,  AND  BUILDINGS,  IN ADDITION TO
 GREENHOUSE GAS EMISSIONS PRODUCED OUTSIDE OF THE STATE THAT ARE  ASSOCI-
 ATED WITH THE GENERATION OF ELECTRICITY IMPORTED INTO THE STATE.  GREEN-
 HOUSE  GAS  EMISSIONS  FROM THE ENERGY SECTOR SHALL NOT INCLUDE AGRICUL-
 TURAL EMISSIONS FROM LIVESTOCK OR WASTE DECOMPOSITION.
   9. "KEY ACTIONS" MEANS THE COORDINATED SET OF ACTIVITIES  RELATING  TO
 THE  PHASE-OUT  OF FOSSIL FUELS AND SYNCHRONOUS DEPLOYMENT OF RENEWABLES
 AND ZERO-EMISSION TECHNOLOGY, NECESSARY TO MEET GREENHOUSE GAS REDUCTION
 GOALS.
   10. "RENEWABLE ENERGY" MEANS ENERGY PRODUCED  FROM  RENEWABLE  SOURCES
 SUCH AS WIND, WATER, AND SUNLIGHT.
   11.  "STATEWIDE GREENHOUSE GAS EMISSIONS" MEANS THE TOTAL ANNUAL EMIS-
 SIONS OF GREENHOUSE GASES PRODUCED WITHIN THE STATE  FROM  ANTHROPOGENIC
 SOURCES  AND GREENHOUSE GAS EMISSIONS PRODUCED OUTSIDE OF THE STATE THAT
 ARE ASSOCIATED WITH THE GENERATION  OF  ELECTRICITY  IMPORTED  INTO  THE
 STATE.
   12. "STATEWIDE GREENHOUSE GAS EMISSION LIMIT" MEANS THE MAXIMUM ALLOW-
 ABLE LEVEL OF STATEWIDE GREENHOUSE GAS EMISSIONS IN A SPECIFIED YEAR, AS
 DETERMINED BY THE DEPARTMENT PURSUANT TO THIS ARTICLE.
   13. "ZERO-EMISSION TECHNOLOGY" MEANS TECHNOLOGY FOR ELECTRICITY GENER-
 ATION,  TRANSPORTATION, HEATING, OR OTHER PURPOSES THAT DOES NOT PRODUCE
 DIRECT GREENHOUSE GAS EMISSIONS DURING THE PRODUCTION OR CONSUMPTION  OF
 ENERGY.  ZERO-EMISSION TECHNOLOGY INCLUDES DEVICES SUCH AS SOLAR PANELS,
 ELECTRIC VEHICLES, ELECTRIC HEAT PUMPS,  MACHINERY  POWERED  ELECTRICITY
 INSTEAD OF FOSSIL FUELS AND INDUCTION STOVES.
 § 50-0103. NEW YORK STATE CLIMATE ACTION COUNCIL.
   1.  THERE  IS  HEREBY  ESTABLISHED  WITHIN THE DEPARTMENT THE NEW YORK
 STATE CLIMATE ACTION COUNCIL, STRUCTURED AS FOLLOWS:
   (A) THE COUNCIL SHALL CONSIST OF THE FOLLOWING TWENTY-EIGHT MEMBERS OR
 THEIR DESIGNEES:  THE COMMISSIONERS OF THE DEPARTMENT OF TRANSPORTATION,
 THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF  ECONOMIC  DEVELOPMENT,  THE
 DEPARTMENT  OF  AGRICULTURE  AND  MARKETS, THE DEPARTMENT OF HOUSING AND
 COMMUNITY RENEWAL, THE DEPARTMENT OF GENERAL SERVICES, THE DEPARTMENT OF
 LABOR, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND THE  DEPARTMENT
 OF  HOMELAND  SECURITY  AND EMERGENCY SERVICES; THE CHAIRS OF THE PUBLIC
 SERVICE COMMISSION AND THE METROPOLITAN  TRANSPORTATION  AUTHORITY;  THE
 PRESIDENTS OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHOR-
 ITY,  THE NEW YORK POWER AUTHORITY, THE LONG ISLAND POWER AUTHORITY; THE
 DORMITORY AUTHORITY OF THE STATE OF NEW YORK; THE  SECRETARY  OF  STATE;
 THE  DIRECTOR  OF  THE BUDGET; THE SUPERINTENDENT OF FINANCIAL SERVICES;
 THE DIRECTOR OF STATE OPERATIONS; THE COUNSEL TO THE GOVERNOR;  AND  TWO
 AT  LARGE  MEMBERS  APPOINTED  BY  THE  GOVERNOR,  TWO  AT LARGE MEMBERS
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, TWO AT LARGE MEMBERS

 S. 7253                             6
 
 APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE AT LARGE MEMBER  APPOINTED
 BY  THE MINORITY LEADER OF THE SENATE, AND ONE AT LARGE MEMBER APPOINTED
 BY THE MINORITY LEADER OF THE ASSEMBLY.
   (B) THE AT LARGE MEMBERS SHALL, AT ALL TIMES, INCLUDE INDIVIDUALS WITH
 EXPERTISE IN CLIMATE CHANGE, RENEWABLE ENERGY AND ZERO-EMISSION TECHNOL-
 OGY,  ENERGY  EFFICIENCY,  PUBLIC  HEALTH, ENVIRONMENTAL JUSTICE, LABOR,
 BUDGET AND FINANCE, AND INDUSTRY REGULATION.
   (C) MEMBERS OF THE COUNCIL SHALL RECEIVE  NO  COMPENSATION  FOR  THEIR
 SERVICES  BUT  SHALL  BE  REIMBURSED  FOR  ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   (D) THE CHAIRPERSON OF THE COUNCIL SHALL BE THE  COMMISSIONER  OF  THE
 DEPARTMENT OR HIS OR HER DESIGNEE.
   (E)  A  MAJORITY  OF  THE  MEMBERS  OF  THE COUNCIL SHALL CONSTITUTE A
 QUORUM.
   (F) ANY VACANCIES ON  THE  COUNCIL  SHALL  BE  FILLED  IN  THE  MANNER
 PROVIDED FOR IN THE INITIAL APPOINTMENT.
   2.  (A)  THE  COUNCIL  SHALL  BE AUTHORIZED TO CONVENE ADVISORY PANELS
 WHICH, AT A MINIMUM, SHALL INCLUDE A SCIENCE ADVISORY PANEL TO ASSIST OR
 ADVISE THE COUNCIL IN AREAS REQUIRING SPECIAL EXPERTISE OR KNOWLEDGE.
   (B) THE COUNCIL SHALL BE AUTHORIZED TO CONVENE SUBCOMMITTEES OF MEMBER
 AGENCIES TO CONSIDER ISSUES AND  ACTIONS  AFFECTING  SECTORS  OF  COMMON
 INTEREST OR JURISDICTION.
   3.  THE  DEPARTMENT  SHALL  PROVIDE  THE COUNCIL WITH SUCH FACILITIES,
 ASSISTANCE AND DATA AS WILL ENABLE THE COUNCIL TO CARRY OUT  ITS  POWERS
 AND  DUTIES.   ADDITIONALLY, ALL OTHER AGENCIES OF THE STATE OR SUBDIVI-
 SIONS THEREOF SHALL PROVIDE THE COUNCIL WITH  SUCH  FACILITIES,  ASSIST-
 ANCE,  AND  DATA  AS WILL ENABLE THE COUNCIL TO CARRY OUT ITS POWERS AND
 DUTIES.
   4. THE COUNCIL SHALL CONSULT WITH FEDERAL AND STATE AGENCIES AND ADVI-
 SORY GROUPS AS NECESSARY TO CARRY OUT ITS DUTIES.
   5. MEETINGS OF THE COUNCIL, SUBCOMMITTEES, AND ADVISORY  GROUPS  SHALL
 BE CONDUCTED IN A TRANSPARENT FASHION AND SHALL BE OPEN TO THE PUBLIC.
   6. MEMBERS OF THE COUNCIL, SUBCOMMITTEES, AND ADVISORY GROUPS SHALL BE
 REQUIRED  TO  DISCLOSE  CONFLICTS OF INTEREST. ANY MEMBER WHO MAY FINAN-
 CIALLY OR MATERIALLY BENEFIT FROM AN AWARD, CONTRACT, OR OTHER  SPECIFIC
 ACTION  OF  THE  COUNCIL  SHALL RECUSE HIMSELF OR HERSELF FROM VOTING ON
 SUCH ACTION.
   7. THE COUNCIL SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   (A) TO DEVELOP A STATEWIDE GREENHOUSE GAS  REDUCTION  PLAN,  INCLUDING
 SUBSEQUENT  UPDATES  AND  STATUS  REPORTS PURSUANT TO SECTION 50-0107 OF
 THIS ARTICLE;
   (B) TO ADVISE THE DEPARTMENT ON THE DEVELOPMENT  OF  STATEWIDE  GREEN-
 HOUSE GAS EMISSION LIMITS;
   (C)  TO  ANALYZE AND PROPOSE SCHEDULES FOR THE COORDINATED PHASING OUT
 OF ENERGY SYSTEMS THAT REQUIRE FOSSIL FUELS, SYNCHRONOUS WITH THE TIMELY
 DEPLOYMENT OF CARBON-FREE ALTERNATIVES INCLUDING RENEWABLES,  ZERO-EMIS-
 SION TECHNOLOGY, AND EFFICIENCY;
   (D) TO EVALUATE AND PROPOSE A COMPREHENSIVE AND COHESIVE SET OF RULES,
 REGULATIONS,  PROGRAMS,  AND  POLICIES FOR ADOPTION BY STATE AGENCIES TO
 ACHIEVE GREENHOUSE GAS REDUCTION TARGETS,  COMPLY  WITH  GREENHOUSE  GAS
 EMISSION  LIMITS,  AND  ACHIEVE  THE  WIDESPREAD  CONVERSION  OF  ENERGY
 SYSTEMS; AND
   (E) TO  MAKE  RECOMMENDATIONS  TO  THE  GOVERNOR,  LEGISLATURE,  LOCAL
 GOVERNMENTS,  INSTITUTIONS, BUSINESSES, AND THE GENERAL PUBLIC REGARDING
 ACTION TO SUPPORT EFFORTS OF THE COUNCIL AND REDUCE GREENHOUSE GAS EMIS-
 SIONS.

 S. 7253                             7
 
   8. THE COUNCIL SHALL APPOINT AN INDEPENDENT AND IMPARTIAL OMBUDSMAN TO
 FACILITATE TRANSPARENT AND EFFECTIVE OPERATIONS OF THE  COUNCIL  AND  TO
 FUNCTION  AS  A  CITIZEN ADVOCATE. THE OMBUDSMAN SHALL HAVE DEMONSTRATED
 EXPERIENCE IN MEDIATION, CONFLICT RESOLUTION AND PUBLIC RELATIONS AND BE
 SELECTED  TO  AVOID CONFLICT OF INTEREST. THE OMBUDSMAN SHALL ASSIST THE
 COUNCIL, SUBCOMMITTEES, AND ADVISORY PANELS, BUT SHALL NOT BE  A  MEMBER
 OF  THE  COUNCIL, A SUBCOMMITTEE, OR AN ADVISORY PANEL AND SHALL HAVE NO
 VOTE. THE OMBUDSMAN SHALL BE APPOINTED, AND MAY BE REPLACED, BY MAJORITY
 VOTE OF THE COUNCIL.
 § 50-0105. STATEWIDE GREENHOUSE GAS EMISSIONS REPORT.
   1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  ARTICLE,
 AND  EACH YEAR THEREAFTER, THE DEPARTMENT SHALL ISSUE A REPORT ON STATE-
 WIDE GREENHOUSE GAS EMISSIONS,  EXPRESSED  IN  TONS  OF  CARBON  DIOXIDE
 EQUIVALENTS,  FROM ALL ANTHROPOGENIC SOURCES IN THE STATE, INCLUDING THE
 RELATIVE CONTRIBUTION OF EACH TYPE OF GREENHOUSE GAS AND  EACH  TYPE  OF
 SOURCE TO THE STATEWIDE TOTAL.
   2. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT SHALL BE A COMPREHEN-
 SIVE EVALUATION, INFORMED BY A VARIETY OF DATA, INCLUDING BUT NOT LIMIT-
 ED TO:
   (A) INFORMATION RELATING TO THE USE OF FOSSIL FUELS BY SECTOR, INCLUD-
 ING  FOR  ELECTRICITY  GENERATION,  TRANSPORTATION,  HEATING,  AND OTHER
 COMBUSTION PURPOSES;
   (B) INFORMATION RELATING TO FUGITIVE AND VENTED EMISSIONS FROM SYSTEMS
 ASSOCIATED WITH THE  PRODUCTION,  PROCESSING,  TRANSPORT,  DISTRIBUTION,
 STORAGE, AND CONSUMPTION OF FOSSIL FUELS, INCLUDING NATURAL GAS;
   (C)  INFORMATION  RELATING  TO EMISSIONS FROM NON-FOSSIL FUEL SOURCES,
 INCLUDING, BUT NOT LIMITED TO, GARBAGE INCINERATORS, BIOMASS COMBUSTION,
 LANDFILLS AND LANDFILL GAS GENERATORS, AND ANAEROBIC DIGESTERS;
   (D) INFORMATION RELATING TO EMISSIONS ASSOCIATED  WITH  MANUFACTURING,
 CHEMICAL  PRODUCTION,  CEMENT  PLANTS,  AND OTHER PROCESSES THAT PRODUCE
 NON-COMBUSTION EMISSIONS;
   (E) INFORMATION RELATING TO EMISSIONS FROM AGRICULTURAL OPERATIONS AND
 LIVESTOCK; AND
   (F) INFORMATION FROM SOURCES THAT MAY BE REQUIRED  TO  PARTICIPATE  IN
 THE  REGISTRATION  AND  REPORTING SYSTEM PURSUANT TO SUBDIVISION FOUR OF
 THIS SECTION.
   3. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT SHALL ALSO INCLUDE AN
 ESTIMATE OF GREENHOUSE GAS EMISSIONS ASSOCIATED WITH THE  GENERATION  OF
 IMPORTED  ELECTRICITY  WHICH  SHALL  BE COUNTED AS PART OF THE STATEWIDE
 TOTAL.
   4. WITHIN ONE YEAR AFTER THE  EFFECTIVE  DATE  OF  THIS  ARTICLE,  THE
 DEPARTMENT  SHALL CONSIDER ESTABLISHING A MANDATORY REGISTRY AND REPORT-
 ING SYSTEM FROM INDIVIDUAL SOURCES TO  OBTAIN  DATA  ON  GREENHOUSE  GAS
 EMISSIONS  EXCEEDING A PARTICULAR THRESHOLD. IF ESTABLISHED, SUCH REGIS-
 TRY AND REPORTING SYSTEM SHALL APPLY A CONSISTENT REPORTING THRESHOLD TO
 ENSURE THE UNBIASED COLLECTION OF DATA.
   5. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT  SHALL  UTILIZE  BEST
 AVAILABLE  SCIENCE AND METHODS OF ANALYSIS, INCLUDING THE COMPARISON AND
 RECONCILIATION OF EMISSION ESTIMATES FROM ALL SOURCES  (BOTH  ABOVE  AND
 BELOW  REPORTING THRESHOLDS), FUEL CONSUMPTION, FIELD DATA, AND PEER-RE-
 VIEWED RESEARCH.
   6. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT SHALL CLEARLY EXPLAIN
 THE METHODOLOGY AND ANALYSIS USED IN THE DEPARTMENT'S  DETERMINATION  OF
 GREENHOUSE  GAS  EMISSIONS. IN ORDER TO ENSURE THAT GREENHOUSE GAS EMIS-
 SION REDUCTIONS ARE REAL, ANY CHANGES TO SUCH  METHODOLOGY  OR  ANALYSIS
 SHALL  BE  EXPLAINED  IN  THE REPORT AND ADJUSTMENTS MADE TO PRIOR ESTI-

 S. 7253                             8
 
 MATES, AS NEEDED, TO ESTABLISH  A  SCIENTIFICALLY  CREDIBLE  ACCOUNT  OF
 CHANGE.
   7.  THE  DEPARTMENT  SHALL SEEK PUBLIC INPUT REGARDING THE METHODOLOGY
 AND ANALYSIS USED IN THE DETERMINATION OF STATEWIDE GREENHOUSE GAS EMIS-
 SIONS. MEANINGFUL OPPORTUNITY FOR PUBLIC COMMENT ON SUCH METHODOLOGY AND
 ANALYSIS SHALL BE PROVIDED NO LATER THAN ONE YEAR  AFTER  THE  EFFECTIVE
 DATE  OF THIS ARTICLE, PERIODICALLY THEREAFTER, AND WHEN CHANGES TO SUCH
 METHODOLOGY AND ANALYSIS ARE PROPOSED.
   § 50-0107. STATEWIDE GREENHOUSE GAS REDUCTION PLAN.
   1. THE NEW YORK STATE CLIMATE ACTION COUNCIL ESTABLISHED  PURSUANT  TO
 SECTION 50-0103 OF THIS ARTICLE SHALL PREPARE A STATEWIDE GREENHOUSE GAS
 REDUCTION PLAN TO ENSURE THAT THE STATE MEETS THE FOLLOWING TARGETS:
   (A)  BY  TWO THOUSAND THIRTY, REDUCTION OF ANNUAL STATEWIDE GREENHOUSE
 GAS EMISSIONS FROM THE ENERGY SECTOR BY FORTY PERCENT COMPARED TO  NINE-
 TEEN HUNDRED NINETY LEVELS;
   (B)  BY  TWO  THOUSAND FIFTY, REDUCTION OF ANNUAL STATEWIDE GREENHOUSE
 GAS EMISSIONS FROM ALL SECTORS BY EIGHTY PERCENT  COMPARED  TO  NINETEEN
 HUNDRED NINETY LEVELS; AND
   (C)  BY TWO THOUSAND FIFTY, ELIMINATION, TO THE GREATEST EXTENT FEASI-
 BLE, OF ALL GREENHOUSE GAS EMISSIONS FROM THE ENERGY SECTOR.
   2. THE PURPOSE OF THE  PLAN  SHALL  BE  TO  PROVIDE  A  COMPREHENSIVE,
 EXECUTABLE  STRATEGY  FOR ACTION BY THE STATE AND A SOLID FOUNDATION FOR
 THE COORDINATED  ADOPTION  AND  IMPLEMENTATION  OF  RULES,  REGULATIONS,
 PROGRAMS,  AND  POLICIES  BY  STATE  AGENCIES  TO ACHIEVE THE SYSTEMATIC
 TRANSFORMATION IN ENERGY GENERATION, END-USER TECHNOLOGY, AND EFFICIENCY
 NECESSARY FOR SUCCESS.
   3. THE GREENHOUSE GAS REDUCTION PLAN SHALL BE DEVELOPED BY  THE  COUN-
 CIL, WITH COORDINATION BY THE DEPARTMENT, AS FOLLOWS:
   (A) THE COUNCIL SHALL PREPARE A DRAFT GREENHOUSE GAS REDUCTION PLAN NO
 LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE. THE COUN-
 CIL SHALL PROVIDE MEANINGFUL OPPORTUNITY FOR PUBLIC COMMENT ON THE DRAFT
 PLAN AND HOLD AT LEAST SIX PUBLIC HEARINGS TO SOLICIT PUBLIC COMMENTS;
   (B) THE COUNCIL SHALL ADOPT A  FINAL  GREENHOUSE  GAS  REDUCTION  PLAN
 WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE;
   (C)  THE  COUNCIL  SHALL  UPDATE  THE GREENHOUSE GAS REDUCTION PLAN AT
 LEAST ONCE EVERY FOUR YEARS AND SHALL PROVIDE MEANINGFUL OPPORTUNITY FOR
 PUBLIC COMMENT PRIOR TO ADOPTION OF PLAN UPDATES; AND
   (D) THE DEPARTMENT SHALL SUBMIT THE  FINAL  GREENHOUSE  GAS  REDUCTION
 PLAN AND UPDATES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
 AND  THE  SPEAKER OF THE ASSEMBLY AND SHALL POST THE PLAN AND UPDATES ON
 THE DEPARTMENT'S WEBSITE.
   4. IN PREPARATION OF THE PLAN, THE COUNCIL SHALL:
   (A) SEEK THE PROFESSIONAL  INPUT  OF  CLIMATE  SCIENTISTS,  ENGINEERS,
 ECONOMISTS,  AND HEALTH PROFESSIONALS, IN ADDITION TO INPUT FROM THE NEW
 YORK INDEPENDENT SYSTEM OPERATOR, REGULATED INDUSTRY, LABOR,  THE  ENVI-
 RONMENTAL JUSTICE COMMUNITY, AND OTHER STAKEHOLDERS;
   (B) EXAMINE AND UTILIZE THE BEST AVAILABLE SCIENCE AND ECONOMIC ANALY-
 SIS  TO EVALUATE IMPACTS, RISKS, COSTS, AND BENEFITS OF POTENTIAL ACTION
 AND TO DETERMINE THE BEST STRATEGY FOR IMPLEMENTATION;
   (C) CONSIDER  ALL  RELEVANT  DATA,  STUDIES,  AND  OTHER  INFORMATION,
 INCLUDING,  BUT  NOT  LIMITED  TO:  (I)  THE CLIMATE ACTION PLAN INTERIM
 REPORT DATED NOVEMBER NINTH, TWO THOUSAND TEN, PRODUCED BY  THE  CLIMATE
 ACTION COUNCIL CREATED PURSUANT TO EXECUTIVE ORDER NUMBER TWENTY-FOUR OF
 TWO THOUSAND NINE;
   (II)  DATA  REGARDING  STATEWIDE  GREENHOUSE  GAS EMISSIONS AND ENERGY
 CONSUMPTION WITHIN THE STATE BY SECTOR AND SUBSECTOR;

 S. 7253                             9
 
   (III) STUDIES REGARDING THE GLOBAL WARMING POTENTIAL OF METHANE  RELA-
 TIVE  TO  CARBON  DIOXIDE,  LEAKAGE  RATES,  AND  LIFECYCLE EMISSIONS OF
 NATURAL GAS;
   (IV) STUDIES REGARDING THE ENVIRONMENTAL, ECONOMIC, HEALTH, AND SOCIE-
 TAL  IMPACTS OF CLIMATE CHANGE AND THE CONSEQUENCES OF CONTINUED DEPEND-
 ENCY ON FOSSIL FUELS, INCLUDING IMPACTS TO VULNERABLE POPULATIONS;
   (V) STUDIES REGARDING THE SOCIAL COSTS OF CARBON, THE ADVERSE  IMPACTS
 OF  CO-POLLUTANTS  ASSOCIATED WITH FOSSIL FUEL USE, AND THE JOB-CREATION
 BENEFITS OF RENEWABLES;
   (VI) INFORMATION REGARDING CARBON-FREE SOURCES OF  ENERGY,  INCLUDING,
 BUT  NOT  LIMITED  TO:  RENEWABLES;  ENERGY EFFICIENCY AND CONSERVATION;
 ENERGY STORAGE; AND ZERO-EMISSION TECHNOLOGY FOR  TRANSPORTATION,  HEAT-
 ING, AND OTHER END-USER PURPOSES;
   (VII)  INFORMATION ON LAND USE, AGRICULTURE, AND FORESTRY PRACTICES TO
 REDUCE GREENHOUSE GAS EMISSIONS; AND
   (VIII) INFORMATION ON REGULATORY, FINANCIAL, AND  ECONOMIC  TECHNIQUES
 TO  REDUCE  GREENHOUSE  GAS  EMISSIONS,  INCLUDING,  BUT NOT LIMITED TO:
 INCENTIVE PROGRAMS; REBATES; TAX DEDUCTIONS; THE PURCHASE  OF  RENEWABLE
 ENERGY   CREDITS;   CAP-AND-TRADE   PROGRAMS;  AND  CARBON  FEE/DIVIDEND
 PROGRAMS.
   5. TO ENSURE THAT GREENHOUSE GAS REDUCTION TARGETS AND EMISSION LIMITS
 ARE ACHIEVABLE THE COUNCIL  SHALL  QUANTITATIVELY  ANALYZE  AND  PROPOSE
 SCHEDULES  FOR  KEY ACTIONS THAT MUST TAKE PLACE AT SCALE AND ON TIME TO
 SUBSTANTIALLY REDUCE GREENHOUSE GAS EMISSIONS FROM THE LARGEST  CONTRIB-
 UTING  SECTORS.  THE  GREENHOUSE  GAS  REDUCTION  PLAN SHALL ANALYZE AND
 PROPOSE SCHEDULES FOR:
   (A) THE WIDESPREAD CONVERSION OF END-USER SYSTEMS THAT RELY ON  FOSSIL
 FUELS TO ZERO-EMISSION TECHNOLOGY FOR PURPOSES INCLUDING, BUT NOT LIMIT-
 ED TO, TRANSPORTATION, HEATING AND INDUSTRY;
   (B)  THE DEPLOYMENT OF ADDITIONAL ELECTRICITY FROM CARBON-FREE SOURCES
 NECESSARY TO SUPPORT THE WIDESPREAD CONVERSION OF END-USER SYSTEMS  THAT
 RELY ON FOSSIL FUELS AND ELIMINATE FOSSIL FUELS AS A SOURCE OF ELECTRIC-
 ITY  GENERATION.  THE PLAN SHALL INCLUDE AN ANALYSIS OF ADDITIONAL ELEC-
 TRICITY MEASURED IN GIGAWATT-HOURS ANNUALLY THAT WILL BE  REQUIRED  FROM
 CARBON-FREE  SOURCES,  WITH  ATTENTION TO THE NECESSARY DISTRIBUTION AND
 DIVERSIFICATION OF GENERATORS. TAKING THE NEED FOR ADDITIONAL  ELECTRIC-
 ITY  INTO  ACCOUNT,  THE  PLAN SHALL ALSO INCLUDE AN ANALYSIS OF CHANGES
 NEEDED TO THE NEW YORK STATE CLEAN ENERGY STANDARD TO  ENSURE  THAT  THE
 STATEWIDE  GREENHOUSE  GAS  REDUCTION TARGETS AND EMISSION LIMITS CAN BE
 MET;
   (C) THE WIDESPREAD INCORPORATION OF EXPANDED  EFFICIENCY  MEASURES  IN
 NEW CONSTRUCTION, EXISTING BUILDINGS, AND INDUSTRIAL PROCESSES;
   (D)  NECESSARY IMPROVEMENTS TO THE ELECTRICAL GRID AND RELATED INFRAS-
 TRUCTURE, INCLUDING ENERGY STORAGE, TO SUPPORT THE WIDESPREAD DEPLOYMENT
 OF RENEWABLES AND INCREASED DEMAND FOR ELECTRICITY; AND
   (E) THE PHASE-OUT OF EXISTING POWER PLANTS AND OTHER  FACILITIES  THAT
 PRODUCE GREENHOUSE GAS EMISSIONS, SYNCHRONOUS WITH OTHER KEY ACTIONS.
   6.  TO  SUPPORT  THE  CREATION  OF  IN-STATE JOBS IN RENEWABLE ENERGY,
 PROMOTE LOCALLY-PRODUCED POWER, AND PROVIDE FOR THE MOST EFFICIENT TRAN-
 SMISSION OF ELECTRICITY, THE COUNCIL SHALL, IN ITS ANALYSIS AND DEVELOP-
 MENT OF SCHEDULES PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION,  ENSURE
 THAT  AT LEAST EIGHTY PERCENT OF ELECTRICITY CONSUMED IN THE STATE ANNU-
 ALLY IS PRODUCED IN-STATE.
   7. THE GREENHOUSE GAS REDUCTION PLAN SHALL EVALUATE AND PROPOSE RULES,
 REGULATIONS, PROGRAMS, AND POLICIES  FOR  STATE  AGENCIES  TO  MEET  THE
 GREENHOUSE  GAS  REDUCTION TARGETS IDENTIFIED IN SUBDIVISION ONE OF THIS

 S. 7253                            10
 
 SECTION AND THE  GREENHOUSE  GAS  EMISSION  LIMITS  ESTABLISHED  BY  THE
 DEPARTMENT  PURSUANT  TO SECTION 50-0109 OF THIS ARTICLE. IN CONSIDERING
 POTENTIAL ACTIONS, THE COUNCIL SHALL:
   (A)  PRIORITIZE  ACTIVITIES  REQUIRING  A  HIGH  LEVEL OF PLANNING AND
 INTERAGENCY COORDINATION, INCLUDING KEY ACTIONS AND SCHEDULES IDENTIFIED
 IN SUBDIVISION FIVE OF THIS SECTION;
   (B) PRIORITIZE MEASURES TO MAXIMIZE NET REDUCTION  OF  GREENHOUSE  GAS
 EMISSIONS  STATEWIDE AND REDUCE CO-POLLUTANTS TO COMMUNITIES WITH GREAT-
 EST EXPOSURE;
   (C) EVALUATE THE FEASIBILITY, LOGISTICS, AND COSTS OF IMPLEMENTING ALL
 GREENHOUSE GAS REDUCTION MEASURES, AND THE AMOUNT OF  REDUCTIONS  ANTIC-
 IPATED TO RESULT;
   (D)  EVALUATE  BOTH REGULATORY AND PROGRAMMATIC APPROACHES, INCLUDING,
 BUT NOT LIMITED TO, PERFORMANCE STANDARDS OR MARKET-BASED PROGRAMS  THAT
 INVOLVE  THE  PROCUREMENT  OF  ENERGY OR EMISSION CREDITS, CAP-AND-TRADE
 PROGRAMS, AND CARBON FEE/DIVIDEND PROGRAMS;
   (E) EVALUATE FORESEEABLE TECHNICAL, ECONOMIC,  LEGAL,  AND  REGULATORY
 CHALLENGES  OR  BARRIERS  TO THE ELIMINATION OF GREENHOUSE GAS EMISSIONS
 FROM SPECIFIC SECTORS OR  SUBSECTORS,  INCLUDING  POTENTIAL  IMPACTS  TO
 GREENHOUSE GAS REDUCTION TARGETS;
   (F) IDENTIFY FUNDING AND RESOURCE NEEDS; AND
   (G) ENSURE THAT ACTIONS ARE EQUITABLE, COST-EFFECTIVE, AND ENCOURAGING
 OF EARLY ACTION.
   8.  THE  GREENHOUSE  GAS  REDUCTION PLAN SHALL IDENTIFY AND TARGET FOR
 ELIMINATION EXISTING PROGRAMS AND POLICIES THAT HINDER THE REDUCTION  OF
 GREENHOUSE  GAS EMISSIONS, ENCOURAGE THE CONSUMPTION OF FOSSIL FUELS, OR
 FACILITATE THE EXPANSION OF FOSSIL FUEL INFRASTRUCTURE.
   9. THE COUNCIL SHALL  CAREFULLY  CONSIDER  THE  SHORT-  AND  LONG-TERM
 IMPACTS  AND FINANCIAL BURDENS THAT MAY BE PLACED ON ECONOMICALLY DISAD-
 VANTAGED INDIVIDUALS AND COMMUNITIES BY IMPLEMENTATION OF THE GREENHOUSE
 GAS REDUCTION PLAN.  THE COUNCIL SHALL ENSURE THAT PROPOSED RULES, REGU-
 LATIONS, PROGRAMS, AND POLICIES INCLUDE PROVISIONS TO  LIMIT  OR  OFFSET
 SUCH  IMPACTS,  SUCH  AS FINANCIAL ASSISTANCE OR OTHER FORMS OF SUPPORT.
 THE COUNCIL ALSO SHALL ENSURE THAT THE IMPLEMENTATION  OF  ALL  PROGRAMS
 INVOLVING  THE PURCHASE OR EXCHANGE OF EMISSION AND POLLUTANT ALLOWANCES
 ARE EQUITABLE AND DO NOT  DISPROPORTIONATELY  ADVERSELY  AFFECT  ECONOM-
 ICALLY  DISADVANTAGED COMMUNITIES, THE ELDERLY, CHILDREN, OR COMMUNITIES
 OF COLOR.
   10. IN CONSIDERING RULES, REGULATIONS,  PROGRAMS,  AND  POLICIES,  THE
 DEPARTMENT  AND  MEMBERS  OF  THE COUNCIL WITH AUTHORITY OR EXPERTISE IN
 ENERGY PRODUCTION AND DELIVERY, INCLUDING  THE  NEW  YORK  STATE  ENERGY
 RESEARCH  AND  DEVELOPMENT AUTHORITY, THE PUBLIC SERVICE COMMISSION, THE
 NEW YORK POWER AUTHORITY, AND THE LONG  ISLAND  POWER  AUTHORITY,  SHALL
 EVALUATE AND PROPOSE:
   (A)  MODIFICATIONS  OF  THE  NEW  YORK  STATE CLEAN ENERGY STANDARD TO
 ENSURE THE PROCUREMENT OF SUFFICIENT ELECTRICITY FROM CARBON-FREE SOURC-
 ES, CONSISTENT WITH THE GREENHOUSE GAS REDUCTION SCHEDULE ADOPTED BY THE
 DEPARTMENT PURSUANT TO SECTION 50-0109 OF THIS ARTICLE FOR ALL  SECTORS,
 AND  TAKING  INTO ACCOUNT THE INCREASED DEMAND FOR ELECTRICITY CAUSED BY
 THE ELECTRIFICATION OF END-USER SYSTEMS;
   (B) ADDITIONAL OR EXPANDED PROGRAMS NECESSARY TO FACILITATE THE DEVEL-
 OPMENT OF SUFFICIENT ELECTRICITY FROM CARBON-FREE SOURCES,  IMPROVEMENTS
 TO  THE  ELECTRICAL  GRID,  AND ENERGY STORAGE TO SUPPORT THE WIDESPREAD
 DEPLOYMENT OF RENEWABLES;

 S. 7253                            11
 
   (C) POLICIES TO RESTRICT THE APPROVAL OF NEW  SOURCES  OF  ELECTRICITY
 GENERATION  FROM  FOSSIL  FUELS  AND  THE  COMBUSTION OF MATERIALS WHICH
 PRODUCE GREENHOUSE GAS EMISSIONS;
   (D)  POLICIES  TO PROVIDE FOR THE ORDERLY PHASE-OUT OF EXISTING FOSSIL
 FUEL POWER PLANTS; AND
   (E) POLICIES TO LIMIT THE EXPANSION OF FOSSIL FUEL  INFRASTRUCTURE  TO
 THE  EXTENT POSSIBLE BY FEDERAL AND STATE LAW, AND PROVIDE FOR THE PHAS-
 ING-OUT OF EXISTING FOSSIL FUEL INFRASTRUCTURE.
   11. IN CONSIDERING RULES, REGULATIONS,  PROGRAMS,  AND  POLICIES,  THE
 DEPARTMENT  AND  MEMBERS  OF  THE COUNCIL WITH AUTHORITY OR EXPERTISE IN
 RESIDENTIAL, COMMERCIAL, AND  INDUSTRIAL  SECTORS,  INCLUDING,  BUT  NOT
 LIMITED  TO, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
 TY, DEPARTMENT OF STATE, AND DIVISION OF HOUSING AND COMMUNITY  RENEWAL,
 SHALL EVALUATE, AND AS APPROPRIATE, PROPOSE:
   (A) DEVELOPMENT OF AND REVISION TO BUILDING CODES, INCLUDING THE STATE
 ENERGY  CONSTRUCTION  CODE, TO REQUIRE HIGHER STANDARDS FOR ENERGY EFFI-
 CIENCY AND THE INSTALLATION OF ZERO-EMISSION TECHNOLOGY, SUCH  AS  ELEC-
 TRIC  HEAT  PUMPS,  ELECTRIC  HEAT  PUMP  WATER HEATERS, AND ELECTRIC OR
 INDUCTION STOVES FOR NEW CONSTRUCTION AND REDEVELOPMENT;
   (B) RESTRICTIONS ON THE FUTURE SALE AND USE  OF  HEATING  SYSTEMS  AND
 APPLIANCES  THAT  REQUIRE  FOSSIL  FUELS OR PRODUCE GREENHOUSE GAS EMIS-
 SIONS, AND REQUIREMENTS FOR THE PURCHASE OF HEATING SYSTEMS  AND  APPLI-
 ANCES THAT PRODUCE ZERO EMISSIONS;
   (C)  REQUIREMENTS  FOR  THE  RETROFIT OF EXISTING BUILDINGS TO IMPROVE
 ENERGY EFFICIENCY AND CONVERSION OF EXISTING  SYSTEMS  TO  ZERO-EMISSION
 TECHNOLOGY, SUCH AS A CONDITION OF SALE, PURCHASE, OR FINANCING;
   (D)  REQUIREMENTS FOR THE USE OF OR CONVERSION TO ZERO-EMISSION EQUIP-
 MENT AND MACHINERY IN INDUSTRIAL APPLICATIONS; AND
   (E) MONETARY INCENTIVES AND  DISINCENTIVES  AFFECTING  ENERGY  USE  IN
 BUILDINGS  AND  INDUSTRIAL  APPLICATIONS, INCLUDING, BUT NOT LIMITED TO,
 PURCHASE FEES FOR EQUIPMENT AND APPLIANCES THAT PRODUCE  GREENHOUSE  GAS
 EMISSIONS  AND  REBATES OR TAX DEDUCTIONS FOR THE PURCHASE OF ZERO-EMIS-
 SION EQUIPMENT AND APPLIANCES. THE DEPARTMENT AND MEMBERS OF THE COUNCIL
 SHALL EVALUATE AND PROPOSE SUCH INCENTIVES OR DISINCENTIVES  IN  COORDI-
 NATION WITH AGENCIES HAVING FINANCIAL AND BUDGETARY EXPERTISE INCLUDING,
 BUT NOT LIMITED TO, THE DEPARTMENT OF FINANCIAL SERVICES AND THE DEPART-
 MENT OF TAXATION AND FINANCE.
   12.  IN  CONSIDERING  RULES,  REGULATIONS, PROGRAMS, AND POLICIES, THE
 DEPARTMENT AND MEMBERS OF THE COUNCIL WITH AUTHORITY OR EXPERTISE IN THE
 TRANSPORTATION SECTOR, INCLUDING, BUT NOT LIMITED TO, THE DEPARTMENT  OF
 TRANSPORTATION, SHALL EVALUATE AND, AS APPROPRIATE, PROPOSE:
   (A)  DEVELOPMENT OF MORE STRINGENT EMISSION STANDARDS FOR VEHICLES AND
 OTHER MODES OF TRANSPORTATION;
   (B) RESTRICTIONS ON THE FUTURE SALE AND/OR USE OF  VEHICLES  BY  CLASS
 AND  EMISSION  LEVEL  TO  ENSURE THAT GREENHOUSE GAS EMISSION LIMITS ARE
 ACHIEVED AND PROVIDE FOR THE PHASED-IN CONVERSION OF EXISTING  MODES  OF
 TRANSPORTATION TO ZERO-EMISSION TECHNOLOGY;
   (C)  MONETARY  INCENTIVES  AND  DISINCENTIVES REGARDING VEHICULAR USE,
 INCLUDING, BUT NOT LIMITED TO  SALES  FEES  FOR  VEHICLES  THAT  PRODUCE
 GREENHOUSE  GAS EMISSIONS, REBATES OR TAX DEDUCTIONS FOR THE PURCHASE OF
 ZERO-EMISSION VEHICLES, AND A HIGHER SALES TAX ON MOTOR  VEHICLE  FUELS.
 THE  DEPARTMENT  AND  MEMBERS  OF THE COUNCIL SHALL EVALUATE AND PROPOSE
 INCENTIVES OR DISINCENTIVES IN COORDINATION WITH AGENCIES HAVING  FINAN-
 CIAL  AND  BUDGETARY  EXPERTISE  SUCH  AS  THE  DEPARTMENT  OF FINANCIAL
 SERVICES AND THE DEPARTMENT OF TAXATION AND FINANCE;

 S. 7253                            12
 
   (D) REQUIREMENTS FOR THE PHASED-IN USE OF ZERO-EMISSION  VEHICLES  FOR
 ALL GOVERNMENT VEHICLE FLEETS AND PUBLIC TRANSPORTATION;
   (E)  PROGRAMS  TO FURTHER ENCOURAGE THE USE OF MASS TRANSIT IN COOPER-
 ATION WITH PUBLIC TRANSIT PROVIDERS;
   (F) PROGRAMS TO FACILITATE THE  TIMELY  CONVERSION  OF  TRANSPORTATION
 INFRASTRUCTURE,  INCLUDING  THE  DEVELOPMENT OF RECHARGING AND REFUELING
 STATIONS FOR ZERO-EMISSION VEHICLES, WITH  CONSIDERATION  GIVEN  TO  THE
 TYPE, LOCATION, AND NUMBER OF FACILITIES;
   (G)  REQUIREMENTS  TO  ENSURE  THAT  HYDROGEN FUELING AND DISTRIBUTION
 STATIONS DO NOT OFFER HYDROGEN THAT IS DERIVED FROM NATURAL GAS OR OTHER
 FOSSIL FUELS;
   (H) PROGRAMS FOR THE ELECTRIFICATION OF RAILWAY TRANSPORTATION; AND
   (I) PROGRAMS TO REQUIRE OR ENCOURAGE THE  RESEARCH,  DEVELOPMENT,  AND
 USE  OF  SYNTHETIC  FUELS  AND  BIOFUELS FOR AIRCRAFT IF SHOWN TO REDUCE
 TOTAL GREENHOUSE GAS EMISSIONS.
   13. IN CONSIDERING RULES, REGULATIONS,  PROGRAMS,  AND  POLICIES,  THE
 DEPARTMENT,  IN  COORDINATION  WITH  THE  DEPARTMENT  OF AGRICULTURE AND
 MARKETS, SHALL EVALUATE AND PROPOSE:
   (A) MEANINGFUL LIMITS ON THE USE OF  FERTILIZER,  INCLUDING,  BUT  NOT
 LIMITED TO, SYNTHETICALLY PRODUCED NITROGEN AND MEANINGFUL LIMITS ON THE
 USE OF PETROLEUM-BASED PESTICIDES;
   (B) IMPLEMENTATION OF IMPROVED SOIL ROTATION AND TILLING PRACTICES;
   (C)  REQUIREMENTS  OR  INCENTIVES  FOR REDUCING METHANE EMISSIONS FROM
 LIVESTOCK, SUCH AS WITH DIETARY IMPROVEMENTS;
   (D) IMPROVEMENT OF WASTE MANAGEMENT PRACTICES  AND  USE  OF  ANAEROBIC
 DIGESTION  TO  CAPTURE  METHANE FOR ENERGY GENERATION IF SHOWN TO REDUCE
 TOTAL GREENHOUSE GAS EMISSIONS;
   (E) PROGRAMS TO ENCOURAGE THE SHARED USE OF AGRICULTURAL LANDS FOR THE
 ON-SITE PRODUCTION OF ELECTRICITY FROM SOLAR OR WIND ENERGY; AND
   (F) FORESTRY BEST  MANAGEMENT  PRACTICES  AND  PROGRAMS  TO  ENCOURAGE
 REFORESTATION TO SEQUESTER CARBON.
   14. THE COUNCIL ALSO SHALL REDUCE GREENHOUSE GAS EMISSIONS AND CO-POL-
 LUTANTS  FROM  EXISTING SOURCES TO THE GREATEST EXTENT POSSIBLE PRIOR TO
 THEIR ELIMINATION. AS PART OF THE GREENHOUSE  GAS  REDUCTION  PLAN,  THE
 DEPARTMENT,  IN COORDINATION WITH THE NEW YORK STATE RESEARCH AND DEVEL-
 OPMENT AUTHORITY, PUBLIC SERVICE COMMISSION, AND  OTHER  AGENCIES  SHALL
 EVALUATE AND PROPOSE RULES, REGULATIONS, PROGRAMS AND POLICIES TO:
   (A)  IDENTIFY SOURCES OF NATURAL GAS LEAKAGE AND INFERIOR DESIGN PRAC-
 TICES THAT ALLOW LEAKAGE OR INTENTIONAL VENTING OF NATURAL GAS  SYSTEMS,
 INCLUDING,  BUT  NOT  LIMITED  TO:   PIPELINES; POWER PLANTS; COMPRESSOR
 STATIONS; METERING STATIONS; GAS STORAGE  FACILITIES;  AND  DISTRIBUTION
 NETWORKS;
   (B)  REQUIRE  THE USE OF BEST AVAILABLE TECHNOLOGY, INCLUDING, BUT NOT
 LIMITED TO: VAPOR RECOVERY; OXIDATION CATALYSTS; ZERO-EMISSION  DEHYDRA-
 TORS; AND BLOWDOWN PREVENTION;
   (C)  PRIORITIZE  SOURCES  OF  LEAKAGE  WITHIN  NATURAL GAS SYSTEMS FOR
 MODIFICATION, REPAIR, REPLACEMENT, OR REMOVAL; AND
   (D) IMPLEMENT A COMPREHENSIVE LEAKAGE MONITORING PROGRAM AND  CONSIDER
 ADDITIONAL FINES AND PENALTIES TO REDUCE INCIDENTS OF LEAKAGE.
   15.   THE  COUNCIL  SHALL  EVALUATE  THE  ADVERSE  IMPACTS  OF  ENERGY
 PRODUCTION ASSOCIATED WITH THE COMBUSTION OF NON-FOSSIL FUEL  MATERIALS,
 INCLUDING,  BUT NOT LIMITED TO, BIOMASS AND SOLID WASTE. SUCH EVALUATION
 SHALL CONSIDER FACTORS INCLUDING, BUT NOT LIMITED TO, THE PRODUCTION  OF
 GREENHOUSE GAS EMISSIONS AND HAZARDOUS POLLUTANTS, THE ENERGY DENSITY OF
 MATERIALS,  TIME  PERIODS  OF  CARBON  COMBUSTION  AND RECAPTURE, PUBLIC
 HEALTH, LAND USE, AND ECOLOGICAL IMPACTS. AS PART OF THE GREENHOUSE  GAS

 S. 7253                            13

 REDUCTION  PLAN,  THE  COUNCIL  SHALL  PROPOSE CHANGES, AS NECESSARY, TO
 RULES, REGULATIONS, PROGRAMS, AND POLICIES AFFECTING SUCH  FUEL  SOURCES
 TO  ENSURE COMPLIANCE WITH GREENHOUSE GAS EMISSION LIMITS, PROTECTION OF
 PUBLIC HEALTH, AND PROTECTION OF THE ENVIRONMENT.
   16. THE GREENHOUSE GAS REDUCTION PLAN SHALL PROTECT AND IMPROVE ACCESS
 BY  RESIDENTS,  BUSINESSES,  INSTITUTIONS, AND MUNICIPALITIES TO BEHIND-
 THE-METER AND OFF-GRID GENERATION OF ELECTRICITY  FROM  RENEWABLES.  THE
 GREENHOUSE GAS REDUCTION PLAN SHALL:
   (A) INVESTIGATE TRENDS AND PROPOSED CHANGES IN REGULATORY POLICIES AND
 UTILITY  PRACTICES  THAT LIMIT NET METERING AND DISCOURAGE ACCESS TO AND
 EXPANSION OF BEHIND-THE-METER ELECTRICITY GENERATION;
   (B) EVALUATE THE EFFECT THAT REDUCED INCENTIVES, INCLUDING  THE  PHAS-
 ING-OUT  OF  REBATES  AND  TAX DEDUCTIONS, HAVE HAD ON THE DEPLOYMENT OF
 RENEWABLES BY  RESIDENTS,  BUSINESSES,  AND  MUNICIPALITIES  WITHIN  THE
 STATE; AND
   (C)  PROPOSE  RULES, REGULATIONS, PROGRAMS AND POLICIES THAT ENCOURAGE
 AND ACCELERATE THE DEVELOPMENT OF BEHIND-THE-METER AND  OFF-GRID  GENER-
 ATION OF ELECTRICITY FROM RENEWABLES.
   17.  THE  GREENHOUSE  GAS  REDUCTION  PLAN  SHALL EXAMINE BARRIERS AND
 OPPORTUNITIES FOR ACCESS  TO  RENEWABLE  ENERGY  AND  ENERGY  EFFICIENCY
 RESOURCES BY ECONOMICALLY DISADVANTAGED INDIVIDUALS AND COMMUNITIES. THE
 COUNCIL, AS PART OF THE PLAN, SHALL EVALUATE AND PROPOSE WAYS OF IMPROV-
 ING OWNERSHIP AND ACCESS TO SERVICES AND COMMODITIES, INCLUDING, BUT NOT
 LIMITED TO:
   (A) DISTRIBUTED RENEWABLE ENERGY GENERATION;
   (B) ENERGY EFFICIENCY AND WEATHERIZATION INVESTMENTS;
   (C)  ZERO-EMISSION  AND  LOW-EMISSION  TRANSPORTATION,  INCLUDING MASS
 TRANSIT;
   (D) ADAPTATION MEASURES TO IMPROVE THE RESILIENCE OF HOMES  AND  LOCAL
 INFRASTRUCTURE TO THE IMPACTS OF CLIMATE CHANGE; AND
   (E) OTHER SERVICES AND INFRASTRUCTURE THAT CAN REDUCE THE RISKS OF AND
 EXPOSURE TO CLIMATE-RELATED HAZARDS.
   18.  THE  COUNCIL,  IN  COORDINATION  WITH  THE DEPARTMENT OF ECONOMIC
 DEVELOPMENT, THE DEPARTMENT OF LABOR, AND OTHER AGENCIES, AS PART OF THE
 GREENHOUSE GAS REDUCTION PLAN, SHALL EXAMINE AND PROPOSE STRATEGIES  FOR
 THE  CREATION  OF  BUSINESSES AND JOBS IN RENEWABLE ENERGY, ENERGY EFFI-
 CIENCY, AND ZERO-EMISSION TECHNOLOGIES INCLUDING, BUT NOT LIMITED TO:
   (A)  EXAMINATION  AND  IMPLEMENTATION  OF  INCENTIVES  FOR   COMPANIES
 INVOLVED  IN THE MANUFACTURING, INSTALLATION, AND MAINTENANCE OF RENEWA-
 BLES, ENERGY EFFICIENCY, AND ZERO-EMISSION TECHNOLOGY TO LOCATE  IN  THE
 STATE,  PARTICULARLY  THOSE  INVOLVED IN THE MANUFACTURE AND ASSEMBLY OF
 SYSTEM COMPONENTS;
   (B) DEVELOPMENT OF PARTNERSHIPS WITH UNIVERSITIES AND  COLLEGES,  SUCH
 AS  EXPANSION OF THE START-UP NEW YORK PROGRAM, TO SUPPORT ENTREPRENEUR-
 SHIP AND RESEARCH IN RENEWABLES, ENERGY  EFFICIENCY,  AND  ZERO-EMISSION
 TECHNOLOGY;
   (C)  SUPPORT  FOR  APPRENTICESHIP  PROGRAMS AND OTHER FORMS OF ON-SITE
 TRAINING; AND
   (D) SUPPORT FOR RETRAINING OF WORKERS  EMPLOYED  IN  THE  FOSSIL  FUEL
 INDUSTRY  FOR  FUTURE WORK WITH RENEWABLES, ENERGY EFFICIENCY, AND ZERO-
 EMISSION TECHNOLOGY.
   19. THE COUNCIL, IN COORDINATION WITH THE DEPARTMENT AND  OTHER  AGEN-
 CIES,  AS PART OF THE GREENHOUSE GAS REDUCTION PLAN, SHALL DEVELOP CREA-
 TIVE STRATEGIES FOR EDUCATING  THE  PUBLIC  ABOUT  THE  SIGNIFICANCE  OF
 CLIMATE  CHANGE AND THE IMPORTANCE OF SWIFT, MEANINGFUL ACTION TO REDUCE
 GREENHOUSE GAS EMISSIONS FROM ALL SECTORS. SUCH STRATEGIES SHALL INCLUDE

 S. 7253                            14

 A FOCUS ON FOSTERING NECESSARY SUPPORT AND COOPERATION BY LOCAL  GOVERN-
 MENTS, BUSINESSES, AND THE GENERAL PUBLIC FOR MAJOR CHANGES THAT WILL BE
 NECESSARY  TO  SUBSTANTIALLY  REDUCE GREENHOUSE GAS EMISSIONS, INCLUDING
 THE  WIDESPREAD  DEPLOYMENT  OF RENEWABLES AND THE ELIMINATION OF FOSSIL
 FUELS FOR PURPOSES SUCH AS TRANSPORTATION AND HEATING.
   20. THE GREENHOUSE GAS REDUCTION PLAN AND COUNCIL SHALL:
   (A) RECOMMEND SPECIFIC ACTIONS BY THE GOVERNOR AND  LEGISLATURE,  SUCH
 AS  ADDITIONAL  LEGISLATION,  AUTHORIZATIONS,  AND  FUNDING,  TO SUPPORT
 EFFORTS OF THE COUNCIL, REDUCE  GREENHOUSE  GAS  EMISSIONS,  AND  PURSUE
 CARBON-FREE ALTERNATIVES, CONSISTENT WITH GREENHOUSE GAS EMISSION LIMITS
 ADOPTED PURSUANT TO THIS ARTICLE; AND
   (B)  RECOMMEND  ACTIONS THAT CAN BE TAKEN BY LOCAL GOVERNMENTS, INSTI-
 TUTIONS, BUSINESSES, AND THE GENERAL PUBLIC  TO  REDUCE  GREENHOUSE  GAS
 EMISSIONS AND PURSUE CARBON-FREE ALTERNATIVES.
   21. THE COUNCIL, IN COORDINATION WITH THE DEPARTMENT, SHALL PUBLISH AN
 ANNUAL  STATUS  REPORT  REGARDING  IMPLEMENTATION  OF THE GREENHOUSE GAS
 REDUCTION PLAN.  AT A MINIMUM, THE STATUS REPORT SHALL:
   (A) COMPARE CHANGES IN  GREENHOUSE  GAS  EMISSIONS  STATEWIDE  AND  BY
 SECTOR  FROM  THE DEPARTMENT'S ANNUAL GREENHOUSE GAS EMISSIONS REPORT TO
 GREENHOUSE GAS EMISSION LIMITS ESTABLISHED PURSUANT TO  SECTION  50-0109
 OF  THIS ARTICLE TO DETERMINE WHETHER EMISSION LIMITS HAVE BEEN ACHIEVED
 OR ARE LIKELY TO BE ACHIEVED ON TIME;
   (B) COMPARE THE STATUS OF KEY ACTIONS IDENTIFIED IN  SUBDIVISION  FIVE
 OF  THIS SECTION TO SCHEDULES IDENTIFIED IN THE GREENHOUSE GAS REDUCTION
 PLAN TO DETERMINE IF SUCH KEY ACTIONS HAVE BEEN ACHIEVED OR  ARE  LIKELY
 TO BE ACHIEVED ON TIME;
   (C)  ASSESS  PROGRESS MADE BY THE DEPARTMENT AND OTHER AGENCIES TOWARD
 THE IMPLEMENTATION OF RULES, REGULATIONS, PROGRAMS AND POLICIES PURSUANT
 TO SECTION 50-0111 OF THIS ARTICLE AND SECTION FOUR OF  THE  CHAPTER  OF
 THE LAWS OF TWO THOUSAND EIGHTEEN WHICH ADDED THIS ARTICLE;
   (D)  EVALUATE  COSTS  OF COMPLIANCE TO REGULATED ENTITIES, THE PUBLIC,
 AND STATE AGENCIES;
   (E) ASSESS WHETHER PREDICTED ENVIRONMENTAL, ECONOMIC,  PUBLIC  HEALTH,
 AND SOCIAL BENEFITS OF ACTIONS TAKEN ARE BEING REALIZED;
   (F)  EVALUATE  WHETHER  REGULATIONS  OR OTHER GREENHOUSE GAS REDUCTION
 MEASURES UNDERTAKEN ARE EQUITABLE, MINIMIZE  COSTS,  MAXIMIZE  BENEFITS,
 AND ENCOURAGE EARLY ACTION;
   (G)  ASSESS  EFFORTS  TO IMPROVE ACCESS TO RENEWABLE ENERGY AND ENERGY
 EFFICIENCY RESOURCES BY ECONOMICALLY DISADVANTAGED COMMUNITIES; AND
   (H) RECOMMEND  AS NECESSARY, ADDITIONAL ACTIONS TO COMPLY WITH  GREEN-
 HOUSE  GAS EMISSION LIMITS, CORRECTIVE ACTIONS TO ADDRESS ASPECTS OF THE
 GREENHOUSE GAS REDUCTION PLAN THAT ARE NOT ON SCHEDULE, AND REVISIONS TO
 THE PLAN AS APPROPRIATE.
   22. THE DEPARTMENT SHALL SUBMIT THE ANNUAL STATUS REPORT  REQUIRED  BY
 SUBDIVISION  TWENTY-ONE  OF  THIS SECTION TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, AND SHALL POST
 THE ANNUAL STATUS REPORT ON THE DEPARTMENT'S WEBSITE.
 § 50-0109. STATEWIDE GREENHOUSE GAS EMISSION LIMITS.
   1. (A) NO LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF  THIS
 ARTICLE,  THE DEPARTMENT SHALL ESTABLISH A SCHEDULE FOR THE REDUCTION OF
 STATEWIDE GREENHOUSE GAS EMISSIONS TO MEET  THE  TARGETS  IDENTIFIED  IN
 SECTION 50-0107 OF THIS ARTICLE.
   (B) THE DEPARTMENT SHALL ADOPT SPECIFIC STATEWIDE GREENHOUSE GAS EMIS-
 SION  LIMITS  FOR  TWO THOUSAND TWENTY-TWO, TWO THOUSAND TWENTY-SIX, TWO
 THOUSAND THIRTY, TWO THOUSAND THIRTY-FOUR,  TWO  THOUSAND  THIRTY-EIGHT,
 TWO THOUSAND FORTY-TWO, TWO THOUSAND FORTY-SIX, AND TWO THOUSAND FIFTY;

 S. 7253                            15
 
   (C)  GREENHOUSE  GAS  EMISSION  LIMITS  SHALL  BE MEASURED IN UNITS OF
 CARBON DIOXIDE EQUIVALENTS AND IDENTIFIED FOR EACH  INDIVIDUAL  TYPE  OF
 GREENHOUSE  GAS,  INCLUDING,  AT A MINIMUM, CARBON DIOXIDE, METHANE, AND
 NITROUS OXIDE;
   (D) THE SCHEDULE ADOPTED BY THE DEPARTMENT SHALL ENSURE THAT FOR EVERY
 FOUR-YEAR  PERIOD,  THE  LIMIT  ESTABLISHED  FOR  EACH GREENHOUSE GAS IS
 SUCCESSIVELY SMALLER THAN THE PREVIOUS FOUR-YEAR PERIOD AND SMALLER THAN
 THE LEVEL REPORTED BY THE DEPARTMENT IN  THE  GREENHOUSE  GAS  EMISSIONS
 REPORT FOR THE YEAR TWO THOUSAND TWENTY.
   2. THE DEPARTMENT SHALL BASE ITS DETERMINATION OF GREENHOUSE GAS EMIS-
 SION LIMITS ON FINDINGS OF THE COUNCIL, INCLUDING THE FEASIBILITY OF KEY
 ACTIONS CONTAINED IN THE STATEWIDE GREENHOUSE GAS REDUCTION PLAN IDENTI-
 FIED IN SUBDIVISION FIVE OF SECTION 50-0107 OF THIS ARTICLE.
   3.  THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE COUNCIL, SHALL ADOPT
 GREENHOUSE GAS EMISSION LIMITS FOR SPECIFIC SECTORS  OR  SUBSECTORS,  AS
 APPROPRIATE.  THE  DEPARTMENT,  IN  CONSULTATION WITH THE COUNCIL, SHALL
 ENSURE THAT FOR EACH TYPE OF GREENHOUSE GAS, THE COMBINATION OF EMISSION
 LIMITS FOR ALL SECTORS OR SUBSECTORS IN EACH FOUR-YEAR PERIOD  DOES  NOT
 EXCEED THE TOTAL STATEWIDE EMISSION LIMIT FOR THE SAME FOUR-YEAR PERIOD.
   4.  THE  EMISSION  LIMITS ESTABLISHED BY THE DEPARTMENT SHALL SERVE AS
 THE BASIS FOR DEVELOPING THE GREENHOUSE GAS REDUCTION  PLAN  ADOPTED  BY
 THE  COUNCIL  AND FOR RULES, REGULATIONS, PROGRAMS, AND POLICIES ADOPTED
 BY THE DEPARTMENT AND OTHER STATE AGENCIES.
 § 50-0111. GREENHOUSE GAS REDUCTION ACTION BY THE DEPARTMENT.
   1. NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF  THIS  ARTICLE,
 AND  AS NECESSARY THEREAFTER, THE DEPARTMENT, AFTER PUBLIC WORKSHOPS AND
 AT LEAST TWO OPPORTUNITIES FOR PUBLIC COMMENT AND HEARING, SHALL PROMUL-
 GATE RULES, REGULATIONS, PROGRAMS AND POLICIES TO  MEET  THE  GREENHOUSE
 GAS  REDUCTION  TARGETS SET FORTH IN SECTION 50-0107 OF THIS ARTICLE AND
 TO ENSURE COMPLIANCE WITH GREENHOUSE GAS EMISSION LIMITS ADOPTED BY  THE
 DEPARTMENT  PURSUANT  TO SECTION 50-0109 OF THIS ARTICLE. THE DEPARTMENT
 SHALL ALSO MODIFY  OR  REPEAL  PROGRAMS  OR  POLICIES  THAT  HINDER  THE
 REDUCTION  OF  GREENHOUSE  GAS  EMISSIONS,  ENCOURAGE THE CONSUMPTION OF
 FOSSIL FUELS, OR FACILITATE THE EXPANSION OF FOSSIL FUEL INFRASTRUCTURE.
   2. THE PROVISIONS OF THIS SECTION  SHALL  BE  BROADLY  INTERPRETED  TO
 PROVIDE  FOR  THE ADOPTION AND ENFORCEMENT OF MEASURES NECESSARY TO MEET
 GREENHOUSE GAS REDUCTION TARGETS  AND  GREENHOUSE  GAS  EMISSION  LIMITS
 WITHOUT  LIMITATION BY EXISTING STATE IMPLEMENTATION PLANS, OTHER AGREE-
 MENTS PERTAINING TO THE  REGULATION  AND  PERMITTING  OF  EMISSIONS,  OR
 CONDITIONS SET FORTH IN PERMITS ISSUED BY THE DEPARTMENT.
   3.  THE DEPARTMENT SHALL ENSURE THAT RULES, REGULATIONS, PROGRAMS, AND
 POLICIES PROMULGATED PURSUANT TO THIS ARTICLE ARE SUBSTANTIALLY CONSIST-
 ENT WITH RECOMMENDATIONS AND PROPOSALS OF THE GREENHOUSE  GAS  REDUCTION
 PLAN ADOPTED BY THE COUNCIL PURSUANT TO SECTION 50-0107 OF THIS ARTICLE.
   4. THE DEPARTMENT, IN COORDINATION WITH THE COUNCIL, SHALL ENSURE THAT
 RULES, REGULATIONS, PROGRAMS, AND POLICIES PROMULGATED BY THE DEPARTMENT
 PURSUANT  TO THIS SECTION HARMONIZE WITH ACTIONS TAKEN BY OTHER AGENCIES
 PURSUANT TO SECTION FOUR OF THE CHAPTER OF  THE  LAWS  OF  TWO  THOUSAND
 EIGHTEEN  WHICH ADDED THIS ARTICLE. THE DEPARTMENT SHALL ENSURE THAT THE
 ACHIEVEMENT OF GREENHOUSE GAS EMISSIONS REDUCTIONS ARE REAL,  PERMANENT,
 QUANTIFIABLE, VERIFIABLE, AND ENFORCEABLE.
   5. RULES, REGULATIONS, PROGRAMS, AND POLICIES ADOPTED PURSUANT TO THIS
 SECTION  SHALL  BE  REVIEWED ANNUALLY AND UPDATED AS NECESSARY, BASED ON
 REVISIONS TO THE GREENHOUSE GAS REDUCTION PLAN AND ANNUAL STATUS REPORTS
 PREPARED BY THE COUNCIL.

 S. 7253                            16
 
   § 4. Greenhouse gas reduction action by other state agencies.  1.  The
 New York state energy research and development authority, the department
 of  environmental conservation, the department of health, the department
 of transportation, the department of state, the department  of  economic
 development,  the  department of agriculture and markets, the department
 of financial services, the department of public service, the  office  of
 general  services,  the  division  of housing and community renewal, the
 public utility authorities established pursuant to titles 1,  1-A,  1-B,
 11,  11-A,  11-B,  11-C  and 11-D of article 5 of the public authorities
 law, and any other  state  agency  may  promulgate  rules,  regulations,
 programs,  and  policies  to  achieve  statewide greenhouse gas emission
 limits and implement the greenhouse  gas  reduction  plan  described  in
 article  50 of the environmental conservation law, provided that no such
 action shall limit the authority  of  the  department  of  environmental
 conservation  to  regulate and control greenhouse gas emissions pursuant
 to article 50 of the environmental conservation law.
   2. No later than two years after the effective date of the chapter  of
 the  laws  of  two  thousand  eighteen  which added this section, and as
 necessary thereafter, agencies with representation on the climate action
 council established pursuant to section  50-0103  of  the  environmental
 conservation  law,  after  at least two opportunities for public comment
 and hearing, shall promulgate rules, regulations, programs, and policies
 as appropriate to meet  greenhouse  gas  reduction  targets  and  ensure
 compliance with greenhouse gas emission limits adopted by the department
 of  environmental  conservation  pursuant  to article 50 of the environ-
 mental conservation law. Such  agencies  shall  also  modify  or  repeal
 programs  or  policies that hinder the reduction of greenhouse gas emis-
 sions, encourage the consumption of  fossil  fuels,  or  facilitate  the
 expansion of fossil fuel infrastructure.
   3.  Agencies shall ensure that rules, regulations, programs, and poli-
 cies promulgated pursuant to this section are  substantially  consistent
 with  recommendations and proposals of the greenhouse gas reduction plan
 adopted by the climate action council pursuant to section 50-0107 of the
 environmental conservation law.
   4. In coordination with the climate action council, established pursu-
 ant to section 50-0103 of the environmental conservation  law,  agencies
 shall ensure that rules, regulations, programs, and policies promulgated
 pursuant  to this section harmonize with actions taken by the department
 of environmental conservation pursuant to section 50-0111 of  the  envi-
 ronmental  conservation law and actions taken by other agencies pursuant
 to this section.  Agencies shall ensure that the achievement  of  green-
 house gas emission reductions are real, permanent, quantifiable, verifi-
 able, and enforceable.
   5. Rules, regulations, programs, and policies adopted pursuant to this
 section  shall  be  reviewed  annually and updated as necessary based on
 revisions to the greenhouse gas reduction plan and annual status reports
 prepared by the climate action council established by article 50 of  the
 environmental conservation law.
   §  5.  Administrative  decisions  relating  to climate change by state
 agencies. 1. All state agencies shall assess and implement strategies to
 reduce their greenhouse gas emissions.
   2. In considering and issuing permits, licenses, and other administra-
 tive approvals and decisions, state agencies, offices, authorities,  and
 divisions  shall  ensure  that  such approvals and decisions support the
 attainment of  statewide  greenhouse  gas  emission  limits  established
 pursuant  to  article  50  of the environmental conservation law and are

 S. 7253                            17
 
 consistent with the  greenhouse  gas  reduction  plan  prepared  by  the
 climate action council pursuant to such article.
   3. In considering and issuing permits, licenses, and other administra-
 tive  approvals and decisions, state agencies, offices, authorities, and
 divisions shall  not  disproportionately  impact  communities  that  are
 economically  disadvantaged  or  bear  higher burdens of negative public
 health, environmental pollution, or impacts of climate change.
   § 6. Chapter 355 of the laws of 2014 constituting the  community  risk
 and  resiliency  act is amended by adding two new sections 17-a and 17-b
 to read as follows:
   § 17-A.  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  SHALL  TAKE
 ACTIONS TO PROMOTE CLIMATE CHANGE ADAPTATION AND RESILIENCE, INCLUDING:
   1.  ACTIONS  TO  HELP  STATE  AGENCIES  AND  OTHER ENTITIES ASSESS THE
 REASONABLY FORESEEABLE RISKS OF CLIMATE CHANGE ON ANY PROPOSED PROJECTS,
 TAKING INTO ACCOUNT ISSUES SUCH AS SEA LEVEL RISE, TROPICAL  AND  EXTRA-
 TROPICAL  CYCLONES, STORM SURGES, FLOODING, WIND, CHANGES IN AVERAGE AND
 PEAK TEMPERATURES, CHANGES IN AVERAGE  AND  PEAK  PRECIPITATION,  PUBLIC
 HEALTH IMPACTS, AND IMPACTS ON SPECIES AND OTHER NATURAL RESOURCES;
   2.  ASSESSING  SIGNIFICANT  CLIMATE-RELATED RISKS, TAKING INTO ACCOUNT
 THE PROBABILITY OF OCCURRENCE, THE MAGNITUDE OF THE POTENTIAL HARM,  AND
 THE UNCERTAINTY OF RISK;
   3.  MEASURES THAT COULD MITIGATE SIGNIFICANT CLIMATE-RELATED RISKS, AS
 WELL AS A COST-BENEFIT ANALYSIS AND IMPLEMENTATION OF SUCH MEASURES.
   § 17-B. PERMITS FOR  THE  REGULATORY  PROGRAMS  OF  SUBDIVISION  3  OF
 SECTION  50-0107  OF  THE  ENVIRONMENTAL  CONSERVATION LAW SHALL REQUIRE
 APPLICANTS TO DEMONSTRATE THAT FUTURE PHYSICAL  CLIMATE  RISK  HAS  BEEN
 CONSIDERED  AND  THAT  PROPOSED  ACTIVITIES  DO  NOT  INTERFERE WITH THE
 ATTAINMENT OF GREENHOUSE GAS EMISSION  LIMITS  ESTABLISHED  PURSUANT  TO
 ARTICLE  50  OF THE ENVIRONMENTAL CONSERVATION LAW AND IMPLEMENTATION OF
 THE GREENHOUSE GAS REDUCTION PLAN ADOPTED BY THE CLIMATE ACTION  COUNCIL
 PURSUANT  TO  SUCH ARTICLE. IN REVIEWING SUCH INFORMATION THE DEPARTMENT
 OF ENVIRONMENTAL CONSERVATION MAY  REQUIRE  THE  APPLICANT  TO  MITIGATE
 SIGNIFICANT  RISKS  TO  PUBLIC  INFRASTRUCTURE  AND/OR SERVICES, PRIVATE
 PROPERTY NOT OWNED BY THE APPLICANT,  ADVERSE  IMPACTS  ON  COMMUNITIES,
 AND/OR NATURAL RESOURCES IN THE VICINITY OF THE PROJECT.
   § 7. Nothing in this act shall limit the existing authority of a state
 entity  to  adopt and implement greenhouse gas emissions reduction meas-
 ures.
   § 8. Nothing in this act shall relieve any person, entity,  or  public
 agency of compliance with other applicable federal, state, or local laws
 or  regulations, including state air and water quality requirements, and
 other requirements for protecting public health or the environment.
   § 9. Severability. If any word, phrase, clause,  sentence,  paragraph,
 section, or part of this act shall be adjudged by any court of competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the word, phrase, clause, sentence, paragraph, section, or part ther-
 eof directly involved in the controversy in which  such  judgment  shall
 have been rendered.
   § 10. This act shall take effect immediately.