The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8270

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2017
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, the  public  service
  law,  the public authorities law, the labor law and the community risk
  and resiliency act, in relation to establishing  the  New  York  state
  climate and community protection act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and declaration. The legislature here-
by enacts the "New York state climate and community protection act"  and
finds and declares that:
  1.  Climate  change is adversely affecting economic well-being, public
health, natural resources, and the environment of New York. The  adverse
impacts of climate change include:
  a.  an  increase  in  the  severity  and  frequency of extreme weather
events, such as storms, flooding, and heat waves, which can cause direct
injury or death, property damage, and ecological damage  (e.g.,  through
the release of hazardous substances into the environment);
  b.  rising  sea  levels, which exacerbate damage from storm surges and
flooding, contribute to coastal erosion  and  saltwater  intrusion,  and
inundate  low-lying  areas,  leading to the displacement of or damage to
coastal habitat, property, and infrastructure;
  c. a decline in freshwater and saltwater fish populations;
  d. increased average temperatures, which increase the demand  for  air
conditioning and refrigeration among residents and businesses;
  e. exacerbation of air pollution; and
  f.  an  increase  in  the  incidences  of  infectious diseases, asthma
attacks, heart  attacks,  and  other  negative  health  outcomes.  These
impacts  are  having  a detrimental effect on some of New York's largest
industries, including agriculture, commercial shipping, forestry,  tour-
ism,  and  recreational and commercial fishing. These impacts also place

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13069-01-7

A. 8270                             2

additional strain on the physical infrastructure that delivers  critical
services  to  the  citizens  of  New York, including the state's energy,
transportation, stormwater, and wastewater infrastructure.
  2. The severity of current climate change and the threat of additional
and more severe change will be affected by the actions undertaken by New
York and other jurisdictions to reduce greenhouse gas emissions. Accord-
ing  to  the U.S. Global Change Research Program (USGCRP) and the Inter-
governmental Panel on Climate Change (IPCC), substantial  reductions  in
greenhouse  gas  emissions  will  be required by mid-century in order to
limit global warming to no more than 2°C and  ideally  1.5°C,  and  thus
minimize  the  risk of severe impacts from climate change. Specifically,
industrialized countries must reduce their greenhouse gas  emissions  by
at  least  80%  below  1990  levels by 2050 in order to stabilize carbon
dioxide equivalent concentrations at 450 parts  per  million--the  level
required to stay within the 2°C target.
  3.  Action  undertaken by New York to reduce greenhouse emissions will
have an impact on global  greenhouse  gas  emissions  and  the  rate  of
climate  change. In addition, such action will encourage other jurisdic-
tions to implement complementary greenhouse gas reduction strategies and
provide an example of how such strategies can be  implemented.  It  will
also advance the development of green technologies and sustainable prac-
tices  within  the  private  sector, which can have far-reaching impacts
such as a reduction in the cost of renewable energy components, and  the
creation of jobs and tax revenues in New York.
  4.  It  shall  therefore  be a goal of the state of New York to reduce
greenhouse gas emissions from all anthropogenic sources 100%  over  1990
levels  by  the  year  2050, with an incremental target of at least a 50
percent reduction in climate pollution by the year 2030,  in  line  with
USGCRP  and  IPCC  projections  of  what  is necessary to avoid the most
severe impacts of climate change.
  5. Although substantial emissions reductions are  necessary  to  avoid
the  most  severe  impacts  of  climate change, complementary adaptation
measures will also be needed to  address  those  risks  that  cannot  be
avoided. Some of the impacts of climate change are already observable in
New  York  state  and  the  northeastern  United  States. Annual average
temperatures are on the rise, winter  snow  cover  is  decreasing,  heat
waves  and  precipitation  are  intensifying,  and  sea levels along New
York's coastline are approximately one foot higher  than  they  were  in
1900.  New York has also experienced an increasing number of extreme and
unusual   weather   events,  like  Hurricanes  Irene  and  Lee  and  the
unprecedented Superstorm Sandy in 2012, which caused at least 53  deaths
and $32 billion in damage in New York state.
  6.  New  York  should  therefore  minimize  the  risks associated with
climate change through a combination of  measures  to  reduce  statewide
greenhouse  gas  emissions  and improve the resiliency of the state with
respect to the impacts and  risks  of  climate  change  that  cannot  be
avoided.
  7.  Climate change especially heightens the vulnerability of disadvan-
taged communities, which bear environmental and socioeconomic burdens as
well as legacies of racial and ethnic discrimination. Actions undertaken
by New York state to mitigate greenhouse gas emissions should prioritize
the safety and health of disadvantaged  communities,  control  potential
regressive  impacts  of  future climate change mitigation and adaptation
policies on these communities, and prioritize the allocation  of  public
investments in these areas.

A. 8270                             3

  8.  Creating good jobs and a thriving economy is a core concern of New
York state.   Shaping the ongoing transition in  our  energy  sector  to
ensure  that  it  creates good jobs and protects workers and communities
that may lose employment in the current transition must be key  concerns
of  our  climate  policy.  Setting  clear  standards for job quality and
training standards encourages not only high-quality  work  but  positive
economic impacts.
  9.  Workers  are  at  the front lines of climate change.  Construction
workers and building service workers were  some  of  the  first  workers
dedicated  to cleaning up damage inflicted by recent storms. These work-
ers were often operating in unsafe and toxic environments,  cleaning  up
mold,  and working in unstable buildings. In order to protect the health
and welfare of these workers, it is in the interest of the state of  New
York  to establish safe and healthy working conditions and proper train-
ing for workers involved in climate change related activities. In  addi-
tion, much of the infrastructure work preparing our state for additional
climate  change events must happen quickly and efficiently. It is in the
interest of the state to ensure  labor  harmony  and  promote  efficient
performance  of  work  on climate change related work sites by requiring
workers to be well-trained and adequately compensated.
  10. Ensuring career opportunities are  created  and  shared  geograph-
ically  and  demographically  is necessary to ensure increased access to
good jobs for marginalized communities while making the  same  neighbor-
hoods  more resilient.   Climate change has a disproportionate impact on
low-income people, women, and workers. It is  in  the  interest  of  the
state  of  New York to protect and promote the interests of these groups
against the impacts of climate change and severe weather events  and  to
advance our equity goals by ensuring quality employment opportunities in
safe working environments.
  11.  The  complexity  of  the  ongoing  energy  transition, the uneven
distribution of economic opportunity, and the  disproportionate  cumula-
tive  economic  and environmental burdens on communities mean that there
is a strong state interest in setting a floor statewide for labor stand-
ards, but allowing and encouraging individual agencies and local govern-
ments to raise standards.
  12. By exercising a global leadership role  on  greenhouse  gas  miti-
gation  and climate change adaptation, New York will position its econo-
my, technology centers, financial institutions, and businesses to  bene-
fit  from  national and international efforts to address climate change.
New York state has already  demonstrated  leadership  in  this  area  by
undertaking efforts such as:
  a. executive order no. 24 (2009), establishing a goal to reduce green-
house  gas  emissions  80%  by  the year 2050, creating a climate action
council, and calling for preparation of a climate action plan;
  b. chapter 433 of the laws of 2009, establishing a state energy  plan-
ning board and requiring the board to adopt a state energy plan;
  c.  chapter 388 of the laws of 2011, directing the department of envi-
ronmental conservation to  promulgate  rules  and  regulations  limiting
emissions of carbon dioxide by newly constructed major generating facil-
ities;
  d. the adoption of a state energy plan establishing clean energy goals
for  the  year  2030 aimed at reducing greenhouse gas emission levels by
40% from 1990 levels, producing 50% of electricity from renewable sourc-
es, and increasing energy efficiency from 2012 levels by 23%;
  e. collaboration with other states  on  the  Regional  Greenhouse  Gas
Initiative, and the development of a regional low carbon fuel standard;

A. 8270                             4

  f.  creation of new offices and task forces to address climate change,
including the New York state office of  climate  change,  the  renewable
energy task force, and the sea level rise task force; and
  g.  the  enactment  of  the  Community Risk and Resiliency Act (CRRA),
which requires agencies to consider sea level rise and other climate-re-
lated events when implementing certain state programs.
  This legislation will build upon these past developments by creating a
comprehensive regulatory program to reduce greenhouse gas emissions that
corresponds with the targets established in executive order no. 24,  the
state energy plan, and USGCRP and IPCC projections.
  §  2.  The  environmental  conservation law is amended by adding a new
article 75 to read as follows:
                               ARTICLE 75
                             CLIMATE CHANGE
SECTION 75-0101. DEFINITIONS.
        75-0103. NEW YORK STATE CLIMATE ACTION COUNCIL.
        75-0105. STATEWIDE GREENHOUSE GAS EMISSIONS REPORT.
        75-0107. STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS.
        75-0109. SCOPING PLAN FOR  STATEWIDE  GREENHOUSE  GAS  EMISSIONS
                   REDUCTIONS.
        75-0111. PROMULGATION OF REGULATIONS TO ACHIEVE STATEWIDE GREEN-
                   HOUSE GAS EMISSIONS REDUCTIONS.
        75-0113. CLIMATE JUSTICE WORKING GROUP.
        75-0115. IMPLEMENTATION REPORTING.
§ 75-0101. DEFINITIONS.
  FOR  THE  PURPOSES  OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  1. "ALLOWANCE" MEANS AN AUTHORIZATION  TO  EMIT,  DURING  A  SPECIFIED
YEAR, UP TO ONE TON OF CARBON DIOXIDE EQUIVALENT.
  2.  "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.
  3. "CO-POLLUTANTS" MEANS HAZARDOUS AIR POLLUTANTS PRODUCED  BY  GREEN-
HOUSE GAS EMISSIONS SOURCES.
  4.  "COUNCIL"  MEANS  THE NEW YORK STATE CLIMATE ACTION COUNCIL ESTAB-
LISHED PURSUANT TO SECTION 75-0103 OF THIS ARTICLE.
  5. "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR BURDENS  OF
NEGATIVE  PUBLIC  HEALTH  EFFECTS,  ENVIRONMENTAL  POLLUTION, IMPACTS OF
CLIMATE CHANGE, AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA,  AS  IDENTI-
FIED PURSUANT TO SECTION 75-0113 OF THIS ARTICLE.
  6.  "EMISSIONS REDUCTION MEASURES" MEANS PROGRAMS, MEASURES AND STAND-
ARDS, AUTHORIZED PURSUANT TO THIS  CHAPTER,  APPLICABLE  TO  SOURCES  OR
CATEGORIES  OF  SOURCES, THAT ARE DESIGNED TO REDUCE EMISSIONS OF GREEN-
HOUSE GASES.
  7. "GREENHOUSE GAS" MEANS  CARBON  DIOXIDE,  METHANE,  NITROUS  OXIDE,
HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
SUBSTANCE  EMITTED  INTO  THE  AIR THAT MAY BE REASONABLY ANTICIPATED TO
CAUSE OR CONTRIBUTE TO ANTHROPOGENIC CLIMATE CHANGE.
  8. "GREENHOUSE GAS EMISSION LIMIT" MEANS AN  AUTHORIZATION,  DURING  A
SPECIFIED  YEAR,  TO EMIT UP TO A LEVEL OF GREENHOUSE GASES SPECIFIED BY
THE DEPARTMENT, EXPRESSED IN TONS OF CARBON DIOXIDE EQUIVALENT.
  9. "GREENHOUSE GAS EMISSION SOURCE" OR "SOURCE" MEANS ANY ANTHROPOGEN-
IC SOURCE OR CATEGORY OF ANTHROPOGENIC SOURCES OF GREENHOUSE  GAS  EMIS-
SIONS,  WITH  THE  EXCEPTION OF AGRICULTURAL EMISSIONS FROM LIVESTOCK OR

A. 8270                             5

WASTE DECOMPOSITION, DETERMINED BY THE DEPARTMENT TO BE CAPABLE OF BEING
MONITORED FOR COMPLIANCE.
  10. "LEAKAGE" MEANS A REDUCTION IN EMISSIONS OF GREENHOUSE GASES WITH-
IN  THE  STATE  THAT IS OFFSET BY AN INCREASE IN EMISSIONS OF GREENHOUSE
GASES OUTSIDE OF THE STATE.
  11. "GREENHOUSE GAS EMISSION SOURCE" MEANS ANY SOURCE WHOSE  EMISSIONS
ARE  AT  A  LEVEL OF SIGNIFICANCE, AS DETERMINED BY THE DEPARTMENT, THAT
ITS PARTICIPATION IN THE PROGRAM ESTABLISHED  UNDER  THIS  ARTICLE  WILL
ENABLE THE DEPARTMENT TO EFFECTIVELY REDUCE GREENHOUSE GAS EMISSIONS AND
MONITOR COMPLIANCE WITH THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS AS
ESTABLISHED  IN  SECTION  75-0107  OF  THIS  ARTICLE. SUCH SOURCES SHALL
INCLUDE, AT MINIMUM:
  A. MANUFACTURERS, PRODUCERS, AND/OR DISTRIBUTORS OF FOSSIL FUELS;
  B. ANY ELECTRIC GENERATING FACILITIES;
  C. ANY STATIONARY SOURCE PERMITTED PURSUANT TO SECTION 19-0311 OF THIS
CHAPTER;
  D. ANY OTHER SOURCE, CAPABLE OF BEING MEASURED,  THAT  THE  DEPARTMENT
DEEMS  TO  BE  A  MAJOR  CONTRIBUTOR TO GREENHOUSE GAS EMISSIONS IN THIS
STATE.
  12. "MARKET-BASED COMPLIANCE MECHANISM" MEANS ANY OF THE FOLLOWING:
  A. A  PRICE  ON  GREENHOUSE  GAS  EMISSIONS  FROM  REGULATED  SOURCES,
EXPRESSED  AS  A  FEE PER TON OF CARBON DIOXIDE EQUIVALENT RELEASED IN A
GIVEN YEAR.
  B. A SYSTEM OF MARKET-BASED DECLINING ANNUAL AGGREGATE EMISSIONS LIMI-
TATIONS FOR SOURCES OR CATEGORIES OF SOURCES THAT EMIT GREENHOUSE GASES.
  13. "STATEWIDE GREENHOUSE GAS EMISSIONS" MEANS THE TOTAL ANNUAL  EMIS-
SIONS  OF  GREENHOUSE GASES PRODUCED WITHIN THE STATE FROM ANTHROPOGENIC
SOURCES AND GREENHOUSE GASES PRODUCED OUTSIDE  OF  THE  STATE  THAT  ARE
ASSOCIATED  WITH  THE GENERATION OF ELECTRICITY IMPORTED INTO THE STATE.
STATEWIDE EMISSIONS SHALL BE EXPRESSED IN TONS OF CARBON DIOXIDE  EQUIV-
ALENTS.
  14. "STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT" OR "STATEWIDE EMISSIONS
LIMIT"  MEANS  THE  MAXIMUM  ALLOWABLE LEVEL OF STATEWIDE GREENHOUSE GAS
EMISSIONS IN A SPECIFIED YEAR, AS DETERMINED BY THE DEPARTMENT  PURSUANT
TO THIS ARTICLE.
  15.  "ENVIRONMENTAL  JUSTICE  ADVISORY GROUP" SHALL MEAN THE PERMANENT
ENVIRONMENTAL JUSTICE ADVISORY GROUP ESTABLISHED BY  A  CHAPTER  OF  THE
LAWS  OF  TWO THOUSAND SEVENTEEN AMENDING THE ENVIRONMENTAL CONSERVATION
LAW RELATING TO ESTABLISHING A PERMANENT ENVIRONMENTAL JUSTICE  ADVISORY
GROUP  AND AN ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL, AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS S.3110  AND  A.2234,  RELATING  TO
ESTABLISHING  A  PERMANENT  ENVIRONMENTAL  JUSTICE ADVISORY GROUP AND AN
ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL.
§ 75-0103. NEW YORK STATE CLIMATE ACTION COUNCIL.
  1. THERE IS HEREBY ESTABLISHED, WITHIN THE DEPARTMENT,  THE  NEW  YORK
STATE  CLIMATE  ACTION  COUNCIL  ("COUNCIL")  WHICH SHALL CONSIST OF THE
FOLLOWING TWENTY-FIVE MEMBERS:
  A. THE COMMISSIONERS OF TRANSPORTATION, HEALTH, ECONOMIC  DEVELOPMENT,
AGRICULTURE   AND   MARKETS,  HOUSING  AND  COMMUNITY  RENEWAL,  GENERAL
SERVICES, LABOR, ENVIRONMENTAL CONSERVATION, HOMELAND SECURITY AND EMER-
GENCY SERVICES, THE CHAIRPERSON OF THE PUBLIC  SERVICE  COMMISSION,  THE
SUPERINTENDENT  OF  FINANCIAL  SERVICES,  THE PRESIDENTS OF THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT; NEW YORK  POWER  AUTHORITY;  LONG
ISLAND  POWER  AUTHORITY; SECRETARY OF STATE, THE CHAIRMAN OF THE METRO-
POLITAN TRANSPORTATION AUTHORITY AND DORMITORY OF THE STATE OF NEW YORK,
OR THEIR DESIGNEE.

A. 8270                             6

  B. TWO MEMBERS APPOINTED BY THE GOVERNOR;
  C.  TWO  MEMBERS  TO  BE  APPOINTED  BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  D. TWO MEMBERS TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  E. ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER  OF  THE  SENATE;
AND
  F. ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
  2.  THE  AT  LARGE MEMBERS SHALL INCLUDE AT ALL TIMES INDIVIDUALS WITH
EXPERTISE IN ISSUES RELATING TO CLIMATE CHANGE MITIGATION AND/OR ADAPTA-
TION, SUCH AS ENVIRONMENTAL JUSTICE, LABOR, PUBLIC HEALTH AND  REGULATED
INDUSTRIES.
  3.  COUNCIL  MEMBERS  SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES
BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY  EXPENSES  INCURRED  IN
THE PERFORMANCE OF THEIR DUTIES.
  4.  THE  CHAIRPERSON OF THE COUNCIL SHALL BE THE COMMISSIONER OF ENVI-
RONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
  5. A MAJORITY OF THE MEMBERS OF THE COUNCIL SHALL CONSTITUTE A QUORUM.
  6. ANY VACANCIES ON THE COUNCIL SHALL BE FILLED IN THE MANNER PROVIDED
FOR IN THE INITIAL APPOINTMENT.
  7. THE COUNCIL SHALL BE  AUTHORIZED  TO  CONVENE  ADVISORY  PANELS  TO
ASSIST OR ADVISE IT IN AREAS REQUIRING SPECIAL EXPERTISE OR KNOWLEDGE.
  8.  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 MAY, AT THE REQUEST OF THE CHAIRPERSON, PROVIDE THE  COUN-
CIL  WITH SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE THE COUN-
CIL TO CARRY OUT ITS POWERS AND DUTIES.
  9. THE COUNCIL SHALL CONSULT WITH THE CLIMATE  JUSTICE  WORKING  GROUP
ESTABLISHED  IN SECTION 75-0113 OF THIS ARTICLE, THE DEPARTMENT OF STATE
UTILITY INTERVENTION UNIT, AND THE FEDERALLY  DESIGNATED  ELECTRIC  BULK
SYSTEM OPERATOR.
  10. THE COUNCIL SHALL ADVISE THE DEPARTMENT ON:
  A.  THE DEVELOPMENT OF STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS RULES
AND REGULATIONS, PURSUANT TO SECTION 75-0107 OF THIS ARTICLE, AND  REGU-
LATIONS TO ACHIEVE STATEWIDE GREENHOUSE GAS EMISSIONS REDUCTIONS, PURSU-
ANT TO SECTION 75-0111 OF THIS ARTICLE.
  B. THE PREPARATION OF A SCOPING PLAN FOR REDUCING GREENHOUSE GAS EMIS-
SIONS,  PURSUANT  TO THE PROCEDURES SET FORTH IN SECTION 75-0109 OF THIS
ARTICLE.
§ 75-0105. 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  GREENHOUSE  GAS  EMISSION 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;

A. 8270                             7

  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; AND
  E. 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 ALSO INCLUDE AN
ESTIMATE OF WHAT THE STATEWIDE GREENHOUSE GAS  EMISSIONS  LEVEL  WAS  IN
1990.
  6.  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, FUEL CONSUMPTION,
FIELD DATA, AND PEER-REVIEWED RESEARCH.
  7. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT SHALL CLEARLY EXPLAIN
THE  METHODOLOGY  AND ANALYSIS USED IN THE DEPARTMENT'S DETERMINATION OF
GREENHOUSE GAS EMISSIONS AND SHALL INCLUDE A DETAILED EXPLANATION OF ANY
CHANGES IN METHODOLOGY OR ANALYSIS, ADJUSTMENTS MADE TO PRIOR ESTIMATES,
AS NEEDED, AND ANY OTHER INFORMATION NECESSARY TO ESTABLISH A  SCIENTIF-
ICALLY CREDIBLE ACCOUNT OF CHANGE.
  8.  THE  DEPARTMENT  SHALL  HOLD  AT LEAST TWO PUBLIC HEARINGS TO SEEK
PUBLIC INPUT REGARDING THE METHODOLOGY AND ANALYSIS USED IN THE DETERMI-
NATION OF STATEWIDE GREENHOUSE GAS EMISSIONS, AND PERIODICALLY THEREAFT-
ER.
§ 75-0107. STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS.
  1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  ARTICLE,
THE  DEPARTMENT  SHALL,  PURSUANT  TO  RULES AND REGULATIONS PROMULGATED
AFTER AT LEAST ONE PUBLIC HEARING, ESTABLISH A STATEWIDE GREENHOUSE  GAS
EMISSIONS LIMIT AS A PERCENTAGE OF 1990 EMISSIONS, AS ESTIMATED PURSUANT
TO SECTION 75-0105 OF THIS ARTICLE, AS FOLLOWS:
  A. 2020: 85% OF 1990 EMISSIONS.
  B. 2025: 65% OF 1990 EMISSIONS.
  C. 2030: 50% OF 1990 EMISSIONS.
  D. 2035: 35% OF 1990 EMISSIONS.
  E. 2040: 20% OF 1990 EMISSIONS.
  F. 2045: 10% OF 1990 EMISSIONS.
  G. 2050: 0% OF 1990 EMISSIONS.
  2.  IN  ORDER  TO ENSURE THE MOST ACCURATE DETERMINATION FEASIBLE, THE
DEPARTMENT SHALL UTILIZE THE BEST AVAILABLE  SCIENTIFIC,  TECHNOLOGICAL,
AND  ECONOMIC  INFORMATION  ON GREENHOUSE GAS EMISSIONS AND CONSULT WITH
THE COUNCIL, STAKEHOLDERS, AND THE PUBLIC IN ORDER TO  ENSURE  THAT  ALL
EMISSIONS  ARE  ACCURATELY  REFLECTED IN ITS DETERMINATION OF 1990 EMIS-
SIONS LEVELS.

A. 8270                             8

§ 75-0109. SCOPING  PLAN  FOR   STATEWIDE   GREENHOUSE   GAS   EMISSIONS
             REDUCTIONS.
  1.  ON  OR BEFORE TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE
DEPARTMENT SHALL PREPARE  AND  APPROVE  A  SCOPING  PLAN  OUTLINING  THE
DEPARTMENT'S  RECOMMENDATIONS FOR ATTAINING THE STATEWIDE GREENHOUSE GAS
EMISSIONS LIMITS IN ACCORDANCE WITH THE SCHEDULE ESTABLISHED IN  SECTION
75-0107 OF THIS ARTICLE.
  2.  THE DRAFT SCOPING PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE
COUNCIL, ENVIRONMENTAL JUSTICE ADVISORY GROUP, AND THE  CLIMATE  JUSTICE
WORKING  GROUP  ESTABLISHED  PURSUANT TO SECTION 75-0113 OF THIS ARTICLE
AND OTHER STAKEHOLDERS.
  A. THE DEPARTMENT AND THE COUNCIL SHALL HOLD  AT  LEAST  SIX  REGIONAL
PUBLIC COMMENT HEARINGS ON THE DRAFT SCOPING PLAN, INCLUDING THREE MEET-
INGS  IN  THE UPSTATE REGION AND THREE MEETINGS IN THE DOWNSTATE REGION,
AND SHALL ALLOW AT LEAST ONE HUNDRED TWENTY DAYS FOR THE  SUBMISSION  OF
PUBLIC COMMENT.
  B.  THE  DEPARTMENT  SHALL PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC
COMMENT FROM ALL PERSONS WHO WILL BE IMPACTED  BY  THE  PLAN,  INCLUDING
PERSONS  LIVING  IN  DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSUANT TO
SECTION 75-0113 OF THIS ARTICLE.
  C. ON OR BEFORE THIRTY MONTHS OF THE EFFECTIVE DATE OF  THIS  ARTICLE,
THE  DEPARTMENT SHALL SUBMIT THE FINAL SCOPING PLAN TO THE GOVERNOR, THE
SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF  THE  SENATE  AND
POST SUCH PLAN ON ITS WEBSITE.
  3. THE SCOPING PLAN SHALL IDENTIFY AND MAKE RECOMMENDATIONS ON REGULA-
TORY MEASURES AND OTHER STATE ACTIONS THAT WILL ENSURE THE ATTAINMENT OF
THE  STATEWIDE  GREENHOUSE  GAS EMISSIONS LIMITS ESTABLISHED PURSUANT TO
SECTION 75-0107 OF THIS ARTICLE. THE MEASURES AND ACTIONS CONSIDERED  IN
SUCH SCOPING PLAN SHALL AT A MINIMUM INCLUDE:
  A.  PERFORMANCE-BASED  STANDARDS  FOR  SOURCES OF GREENHOUSE GAS EMIS-
SIONS, INCLUDING BUT NOT  LIMITED  TO  SOURCES  IN  THE  TRANSPORTATION,
BUILDING, INDUSTRIAL, COMMERCIAL, AND AGRICULTURAL SECTORS.
  B.  MARKET-BASED  MECHANISMS  TO REDUCE STATEWIDE GREENHOUSE GAS EMIS-
SIONS OR EMISSIONS FROM A PARTICULAR SOURCE CATEGORY, INCLUDING AN EXAM-
INATION OF: THE IMPOSITION OF FEES PER UNIT OF CARBON DIOXIDE EQUIVALENT
EMITTED AND THE IMPOSITION OF EMISSIONS CAPS ACCOMPANIED BY A SYSTEM  OF
TRADABLE EMISSION ALLOWANCES.
  C.  MEASURES  TO  REDUCE  EMISSIONS  FROM  THE  ELECTRICITY  SECTOR BY
DISPLACING FOSSIL-FUEL FIRED ELECTRICITY WITH RENEWABLE  ELECTRICITY  OR
ENERGY EFFICIENCY.
  D.  LAND-USE  AND  TRANSPORTATION  PLANNING MEASURES AIMED AT REDUCING
GREENHOUSE GAS EMISSIONS FROM MOTOR VEHICLES.
  E. MEASURES TO ACHIEVE LONG-TERM CARBON SEQUESTRATION  AND/OR  PROMOTE
BEST MANAGEMENT PRACTICES IN LAND USE, AGRICULTURE AND FORESTRY.
  F. VERIFIABLE, ENFORCEABLE AND VOLUNTARY EMISSIONS REDUCTION MEASURES.
  4. IN DEVELOPING SUCH PLAN THE DEPARTMENT SHALL:
  A.  CONSIDER  ALL  RELEVANT  INFORMATION  PERTAINING TO GREENHOUSE GAS
EMISSIONS REDUCTION PROGRAMS IN OTHER STATES, REGIONS,  LOCALITIES,  AND
NATIONS.
  B.  EVALUATE, USING THE BEST AVAILABLE ECONOMIC MODELS, EMISSION ESTI-
MATION TECHNIQUES AND OTHER  SCIENTIFIC  METHODS,  THE  TOTAL  POTENTIAL
COSTS  AND  POTENTIAL ECONOMIC AND NON-ECONOMIC BENEFITS OF THE PLAN FOR
REDUCING GREENHOUSE GASES, AND MAKE SUCH EVALUATION PUBLICLY  AVAILABLE.
IN CONDUCTING THIS EVALUATION, THE DEPARTMENT SHALL QUANTIFY:
  I.  THE  ECONOMIC  AND  SOCIAL  BENEFITS  OF  GREENHOUSE GAS EMISSIONS
REDUCTIONS, TAKING INTO ACCOUNT THE FEDERAL SOCIAL COST OF  CARBON,  ANY

A. 8270                             9

OTHER  TOOLS  THAT  THE  DEPARTMENT  DEEMS USEFUL AND PERTINENT FOR THIS
ANALYSIS, AND ANY ENVIRONMENTAL, ECONOMIC AND PUBLIC HEALTH  CO-BENEFITS
(SUCH AS THE REDUCTION OF CO-POLLUTANTS AND THE DIVERSIFICATION OF ENER-
GY SOURCES); AND
  II.  THE  COSTS OF IMPLEMENTING PROPOSED EMISSIONS REDUCTION MEASURES,
AND THE EMISSIONS REDUCTIONS THAT THE DEPARTMENT  ANTICIPATES  ACHIEVING
THROUGH THESE MEASURES.
  C.  TAKE  INTO  ACCOUNT  THE  RELATIVE  CONTRIBUTION OF EACH SOURCE OR
SOURCE CATEGORY TO STATEWIDE GREENHOUSE GAS EMISSIONS, AND THE POTENTIAL
FOR ADVERSE EFFECTS ON SMALL BUSINESSES,  AND  RECOMMEND  A  DE  MINIMIS
THRESHOLD  OF  GREENHOUSE  GAS  EMISSIONS BELOW WHICH EMISSION REDUCTION
REQUIREMENTS WILL NOT APPLY.
  D. IDENTIFY MEASURES TO MAXIMIZE REDUCTIONS  OF  BOTH  GREENHOUSE  GAS
EMISSIONS  AND  CO-POLLUTANTS IN DISADVANTAGED COMMUNITIES AS IDENTIFIED
PURSUANT TO SECTION 75-0113 OF THIS ARTICLE.
  5. THE DEPARTMENT SHALL UPDATE ITS PLAN FOR  ACHIEVING  THE  STATEWIDE
GREENHOUSE GAS EMISSIONS LIMITS AT LEAST ONCE EVERY FIVE YEARS AND SHALL
MAKE SUCH UPDATES AVAILABLE TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY
AND  THE  TEMPORARY PRESIDENT OF THE SENATE AND POST SUCH UPDATES ON ITS
WEBSITE.
§ 75-0111. PROMULGATION OF REGULATIONS TO ACHIEVE  STATEWIDE  GREENHOUSE
             GAS EMISSIONS REDUCTIONS.
  1. NO LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
THE  DEPARTMENT,  AFTER PUBLIC WORKSHOPS AND CONSULTATION WITH THE COUN-
CIL, THE ENVIRONMENTAL JUSTICE ADVISORY GROUP, AND THE  CLIMATE  JUSTICE
WORKING  GROUP  ESTABLISHED PURSUANT TO SECTION 75-0113 OF THIS ARTICLE,
REPRESENTATIVES OF REGULATED ENTITIES, COMMUNITY ORGANIZATIONS, ENVIRON-
MENTAL GROUPS, HEALTH  PROFESSIONALS,  LABOR  UNIONS,  MUNICIPAL  CORPO-
RATIONS, TRADE ASSOCIATIONS AND OTHER STAKEHOLDERS, SHALL, AFTER NO LESS
THAN  TWO  PUBLIC  HEARINGS,  PROMULGATE RULES AND REGULATIONS TO ENSURE
COMPLIANCE WITH THE STATEWIDE EMISSIONS REDUCTION LIMITS.
  2. THE REGULATIONS PROMULGATED BY  THE  DEPARTMENT  PURSUANT  TO  THIS
SECTION SHALL:
  A. ENSURE THAT THE AGGREGATE EMISSIONS OF GREENHOUSE GASES FROM GREEN-
HOUSE  GAS EMISSION SOURCES WILL NOT EXCEED THE STATEWIDE GREENHOUSE GAS
EMISSIONS LIMITS ESTABLISHED IN SECTION 75-0107 OF THIS ARTICLE.
  B. INCLUDE LEGALLY ENFORCEABLE EMISSIONS  LIMITS,  PERFORMANCE  STAND-
ARDS, OR MEASURES OR OTHER REQUIREMENTS TO CONTROL EMISSIONS FROM GREEN-
HOUSE GAS EMISSION SOURCES.
  C.  INCLUDE  MEASURES TO REDUCE EMISSIONS FROM GREENHOUSE GAS EMISSION
SOURCES THAT HAVE A CUMULATIVELY SIGNIFICANT IMPACT ON STATEWIDE  GREEN-
HOUSE  GAS  EMISSIONS,  SUCH  AS  INTERNAL COMBUSTION VEHICLES THAT BURN
GASOLINE OR DIESEL FUEL AND BOILERS OR FURNACES THAT BURN OIL OR NATURAL
GAS.
  3. IN PROMULGATING THESE REGULATIONS, THE DEPARTMENT SHALL:
  A. DESIGN AND IMPLEMENT ALL REGULATIONS IN A MANNER THAT SEEKS  TO  BE
EQUITABLE,  TO  MINIMIZE COSTS AND TO MAXIMIZE THE TOTAL BENEFITS TO NEW
YORK, AND ENCOURAGES EARLY ACTION TO REDUCE GREENHOUSE GAS EMISSIONS.
  B. ENSURE THAT GREENHOUSE GAS EMISSIONS REDUCTIONS ACHIEVED ARE  REAL,
PERMANENT, QUANTIFIABLE, VERIFIABLE, AND ENFORCEABLE BY THE DEPARTMENT.
  C. ENSURE THAT ACTIVITIES UNDERTAKEN TO COMPLY WITH THE REGULATIONS DO
NOT  RESULT  IN  A  NET  INCREASE IN CO-POLLUTANT EMISSIONS OR OTHERWISE
DISPROPORTIONATELY BURDEN DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSU-
ANT TO SECTION 75-0113 OF THIS ARTICLE.
  D. PRIORITIZE MEASURES TO MAXIMIZE NET REDUCTIONS  OF  GREENHOUSE  GAS
EMISSIONS  AND  CO-POLLUTANTS IN DISADVANTAGED COMMUNITIES AS IDENTIFIED

A. 8270                            10

PURSUANT TO SECTION 75-0113 OF THIS ARTICLE AND ENCOURAGE  EARLY  ACTION
TO REDUCE GREENHOUSE GAS EMISSIONS AND CO-POLLUTANTS.
  E. MINIMIZE LEAKAGE.
  4. MARKET-BASED COMPLIANCE MECHANISMS.
  A.  THE DEPARTMENT MAY CONSIDER PROVISIONS FOR THE USE OF MARKET-BASED
COMPLIANCE MECHANISMS TO COMPLY WITH THE REGULATIONS.
  B. PRIOR TO THE INCLUSION OF ANY MARKET-BASED COMPLIANCE MECHANISM  IN
THE  REGULATIONS,  TO  THE  EXTENT  FEASIBLE  AND  IN THE FURTHERANCE OF
ACHIEVING THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT,  THE  DEPARTMENT
SHALL DO ALL OF THE FOLLOWING:
  I.  CONSIDER  THE POTENTIAL FOR DIRECT, INDIRECT, AND CUMULATIVE EMIS-
SION IMPACTS FROM  THESE  MECHANISMS,  INCLUDING  LOCALIZED  IMPACTS  IN
DISADVANTAGED  COMMUNITIES  AS IDENTIFIED PURSUANT TO SECTION 75-0113 OF
THIS ARTICLE;
  II. DESIGN  ANY  MARKET-BASED  COMPLIANCE  MECHANISM  TO  PREVENT  ANY
INCREASE IN THE EMISSIONS OF CO-POLLUTANTS; AND
  III.  MAXIMIZE  ADDITIONAL  ENVIRONMENTAL, PUBLIC HEALTH, AND ECONOMIC
BENEFITS FOR THE STATE OF NEW YORK  AND  FOR  DISADVANTAGED  COMMUNITIES
IDENTIFIED PURSUANT TO SECTION 75-0113 OF THIS ARTICLE, AS APPROPRIATE.
  C.  SUCH  REGULATIONS  SHALL  INCLUDE PROVISIONS GOVERNING HOW MARKET-
BASED COMPLIANCE MECHANISMS MAY BE USED BY REGULATED ENTITIES SUBJECT TO
GREENHOUSE  GAS  EMISSIONS  LIMITS  AND  MANDATORY  EMISSION   REPORTING
REQUIREMENTS  TO  ACHIEVE COMPLIANCE WITH THEIR GREENHOUSE GAS EMISSIONS
LIMITS.
  D. THE DEPARTMENT SHALL ENSURE THAT, AT A MINIMUM,  FORTY  PERCENT  OF
ANY  FUNDS COLLECTED PURSUANT TO ANY MARKET-BASED COMPLIANCE REGULATIONS
PROMULGATED UNDER THIS SECTION AS A RESULT OF LEGISLATIVE AUTHORIZATION,
FUNDS AUTHORIZED BY THE PUBLIC SERVICE COMMISSION TO BE COLLECTED SOLELY
FOR AND DIRECTED TO THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOPMENT
AUTHORITY  AND  PROCEEDS COLLECTED BY THE NEW YORK STATE ENERGY RESEARCH
AND DEVELOPMENT AUTHORITY FROM THE AUCTION OR  SALE  OF  CARBON  DIOXIDE
EMISSION ALLOWANCES ALLOCATED BY THE DEPARTMENT ARE INVESTED IN A MANNER
WHICH  WILL  BENEFIT  DISADVANTAGED  COMMUNITIES, IDENTIFIED PURSUANT TO
SECTION 75-0113 OF THIS ARTICLE, CONSISTENT WITH THE  PURPOSES  OF  THIS
ARTICLE,  INCLUDING,  BUT  NOT LIMITED TO, INCREASED ACCESS TO RENEWABLE
ENERGY, ENERGY EFFICIENCY, WEATHERIZATION, ZERO- AND LOW-EMISSION TRANS-
PORTATION, AND ADAPTATION OPPORTUNITIES.  THE DEPARTMENT  SHALL  CONSULT
WITH  THE  CLIMATE  JUSTICE WORKING GROUP IN DEVELOPING AND CARRYING OUT
SUCH INVESTMENTS.
§ 75-0113. CLIMATE JUSTICE WORKING GROUP.
  1. THERE IS HEREBY CREATED WITHIN THE DEPARTMENT, NO  LATER  THAN  SIX
MONTHS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, A "DISADVANTAGED COMMU-
NITIES WORKING GROUP." SUCH WORKING GROUP WILL BE COMPRISED OF REPRESEN-
TATIVES  FROM:  ENVIRONMENTAL  JUSTICE  COMMUNITIES, THE DEPARTMENT, THE
DEPARTMENT OF HEALTH, THE NEW YORK STATE ENERGY AND RESEARCH DEVELOPMENT
AUTHORITY, AND THE DEPARTMENT OF LABOR.
  A. ENVIRONMENTAL JUSTICE COMMUNITY REPRESENTATIVES SHALL BE MEMBERS OF
COMMUNITIES OF COLOR, LOW-INCOME COMMUNITIES,  AND  COMMUNITIES  BEARING
DISPROPORTIONATE  POLLUTION  AND  CLIMATE  CHANGE  BURDENS,  OR SHALL BE
REPRESENTATIVES OF COMMUNITY-BASED ORGANIZATIONS WITH EXPERIENCE  AND  A
HISTORY  OF  ADVOCACY ON ENVIRONMENTAL JUSTICE ISSUES, AND SHALL INCLUDE
AT LEAST THREE REPRESENTATIVES FROM NEW  YORK  CITY  COMMUNITIES,  THREE
REPRESENTATIVES  FROM  RURAL COMMUNITIES, AND THREE REPRESENTATIVES FROM
UPSTATE URBAN COMMUNITIES.
  B. THE WORKING GROUP, IN CONSULTATION WITH THE DEPARTMENT, THE DEPART-
MENTS OF HEALTH AND LABOR, THE NEW YORK STATE ENERGY AND RESEARCH DEVEL-

A. 8270                            11

OPMENT AUTHORITY, AND THE ENVIRONMENTAL  JUSTICE  ADVISORY  GROUP,  WILL
ESTABLISH   CRITERIA  TO  IDENTIFY  DISADVANTAGED  COMMUNITIES  FOR  THE
PURPOSES  OF   CO-POLLUTANT   REDUCTIONS,   GREENHOUSE   GAS   EMISSIONS
REDUCTIONS,  REGULATORY IMPACT STATEMENTS, AND THE ALLOCATION OF INVEST-
MENTS RELATED TO THIS ARTICLE.
  C. DISADVANTAGED COMMUNITIES SHALL BE IDENTIFIED BASED ON  GEOGRAPHIC,
PUBLIC  HEALTH,  ENVIRONMENTAL HAZARD, AND SOCIOECONOMIC CRITERIA, WHICH
SHALL INCLUDE BUT ARE NOT LIMITED TO:
  (1) AREAS BURDENED BY CUMULATIVE  ENVIRONMENTAL  POLLUTION  AND  OTHER
HAZARDS THAT CAN LEAD TO NEGATIVE PUBLIC HEALTH EFFECTS;
  (2)  AREAS  WITH CONCENTRATIONS OF PEOPLE THAT ARE OF LOW INCOME, HIGH
UNEMPLOYMENT, HIGH RENT BURDEN, LOW LEVELS OF HOME OWNERSHIP, LOW LEVELS
OF EDUCATIONAL ATTAINMENT, OR MEMBERS OF GROUPS THAT  HAVE  HISTORICALLY
EXPERIENCED DISCRIMINATION ON THE BASIS OF RACE OR ETHNICITY; AND
  (3)  AREAS  VULNERABLE TO THE IMPACTS OF CLIMATE CHANGE SUCH AS FLOOD-
ING, STORM SURGES, AND URBAN HEAT ISLAND EFFECTS.
  2. BEFORE FINALIZING THE CRITERIA FOR IDENTIFYING DISADVANTAGED COMMU-
NITIES AND IDENTIFYING DISADVANTAGED COMMUNITIES PURSUANT TO SUBDIVISION
ONE OF THIS SECTION, THE DEPARTMENT SHALL PUBLISH DRAFT CRITERIA  AND  A
DRAFT LIST OF DISADVANTAGED COMMUNITIES AND MAKE SUCH INFORMATION AVAIL-
ABLE ON ITS WEBSITE.
  A.  THE DEPARTMENT SHALL HOLD AT LEAST SIX REGIONAL PUBLIC HEARINGS ON
THE DRAFT CRITERIA AND THE  DRAFT  LIST  OF  DISADVANTAGED  COMMUNITIES,
INCLUDING THREE MEETINGS IN THE UPSTATE REGION AND THREE MEETINGS IN THE
DOWNSTATE  REGION,  AND SHALL ALLOW AT LEAST ONE HUNDRED TWENTY DAYS FOR
THE SUBMISSION OF PUBLIC COMMENT.
  B. THE DEPARTMENT SHALL ALSO ENSURE THAT THERE ARE MEANINGFUL OPPORTU-
NITIES FOR PUBLIC COMMENT FOR ALL PERSONS WHO WILL BE  IMPACTED  BY  THE
CRITERIA,  INCLUDING  PERSONS  LIVING IN AREAS THAT MAY BE IDENTIFIED AS
DISADVANTAGED COMMUNITIES UNDER THE PROPOSED CRITERIA.
  3. THE GROUP WILL MEET NO LESS THAN ANNUALLY TO  REVIEW  THE  CRITERIA
AND  METHODS  USED  TO IDENTIFY DISADVANTAGED COMMUNITIES AND MAY MODIFY
SUCH METHODS TO INCORPORATE NEW DATA AND SCIENTIFIC FINDINGS. THE DISAD-
VANTAGED COMMUNITIES WORKING GROUP SHALL REVIEW IDENTITIES OF  DISADVAN-
TAGED COMMUNITIES AND MODIFY SUCH IDENTITIES AS NEEDED.
§ 75-0115. IMPLEMENTATION REPORTING.
  1.  THE  DEPARTMENT  SHALL,  NOT LESS THAN EVERY FOUR YEARS, PUBLISH A
REPORT WHICH SHALL INCLUDE RECOMMENDATIONS REGARDING THE  IMPLEMENTATION
OF GREENHOUSE GAS REDUCTION MEASURES.
  2. THE REPORT SHALL, AT MINIMUM, INCLUDE:
  A.  WHETHER THE STATE IS ON TRACK TO MEET THE STATEWIDE GREENHOUSE GAS
EMISSIONS LIMITS ESTABLISHED IN SECTION 75-0107 OF THIS ARTICLE.
  B. AN ASSESSMENT OF EXISTING REGULATIONS AND WHETHER MODIFICATIONS ARE
NEEDED TO ENSURE FULFILLMENT OF THE STATEWIDE GREENHOUSE  GAS  EMISSIONS
LIMITS.
  C.  AN OVERVIEW OF SOCIAL BENEFITS FROM THE REGULATIONS OR OTHER MEAS-
URES, INCLUDING REDUCTIONS IN GREENHOUSE GAS EMISSIONS AND COPOLLUTANTS,
DIVERSIFICATION OF ENERGY SOURCES, AND OTHER BENEFITS  TO  THE  ECONOMY,
ENVIRONMENT, AND PUBLIC HEALTH, INCLUDING WOMEN'S HEALTH.
  D.  AN OVERVIEW OF COMPLIANCE COSTS FOR REGULATED ENTITIES AND FOR THE
DEPARTMENT AND OTHER STATE AGENCIES.
  E. WHETHER REGULATIONS OR  OTHER  GREENHOUSE  GAS  REDUCTION  MEASURES
UNDERTAKEN ARE EQUITABLE, MINIMIZE COSTS AND MAXIMIZE THE TOTAL BENEFITS
TO THE STATE, AND ENCOURAGE EARLY ACTION.

A. 8270                            12

  F.  WHETHER  ACTIVITIES  UNDERTAKEN  TO  COMPLY WITH STATE REGULATIONS
DISPROPORTIONATELY BURDEN DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSU-
ANT TO SECTION 75-0113 OF THIS ARTICLE.
  G.  AN  ASSESSMENT  OF LOCAL BENEFITS AND IMPACTS OF ANY REDUCTIONS IN
CO-POLLUTANTS RELATED TO REDUCTIONS IN STATEWIDE  AND  LOCAL  GREENHOUSE
GAS EMISSIONS.
  H.  AN ASSESSMENT OF DISADVANTAGED COMMUNITIES' ACCESS TO OR COMMUNITY
OWNERSHIP OF THE SERVICES AND COMMODITIES IDENTIFIED IN SECTION EIGHT OF
THE CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN WHICH ADDED THIS ARTI-
CLE.
  I. WHETHER ENTITIES THAT HAVE VOLUNTARILY REDUCED THEIR GREENHOUSE GAS
EMISSIONS PRIOR TO THE IMPLEMENTATION OF THIS ARTICLE RECEIVE  APPROPRI-
ATE CREDIT FOR EARLY VOLUNTARY REDUCTIONS.
  J. RECOMMENDATIONS FOR FUTURE REGULATORY AND POLICY ACTION.
  3.  IN  PREPARING  THIS  REPORT,  THE  DEPARTMENT SHALL, AT A MINIMUM,
CONSULT WITH THE COUNCIL, AND THE CLIMATE JUSTICE WORKING  GROUP  ESTAB-
LISHED IN SECTION 75-0113 OF THIS ARTICLE.
  4.  THE  REPORT  SHALL  BE  PUBLISHED  AND  POSTED ON THE DEPARTMENT'S
WEBSITE.
  § 3. Subdivision 1 of section 54-1523 of the  environmental  conserva-
tion law is amended by adding a new paragraph h to read as follows:
  H.  TO  ESTABLISH  AND  IMPLEMENT  EASILY-REPLICATED  RENEWABLE ENERGY
PROJECTS, INCLUDING SOLAR ARRAYS, HEAT PUMPS AND WIND TURBINES IN PUBLIC
LOW-INCOME HOUSING IN SUBURBAN, URBAN AND RURAL AREAS.
  § 4. The public service law is amended by adding a new section 66-o to
read as follows:
  § 66-O. ESTABLISHMENT OF A RENEWABLE ENERGY PROGRAM.   1. AS  USED  IN
THIS SECTION:
  (A)  "LOAD  SERVING  ENTITY"  MEANS  ANY ENTITY THAT SECURES ENERGY TO
SERVE THE ELECTRICAL ENERGY REQUIREMENTS OF  END-USE  CUSTOMERS  IN  NEW
YORK STATE;
  (B)  "PREVAILING  RATE  OF  WAGES" SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED IN PARAGRAPH  A  OF  SUBDIVISION  FIVE  OF  SECTION  TWO
HUNDRED TWENTY OF THE LABOR LAW; AND
  (C) "RENEWABLE ENERGY SYSTEMS" MEANS SYSTEMS THAT GENERATE ELECTRICITY
OR THERMAL ENERGY THROUGH USE OF THE FOLLOWING TECHNOLOGIES: SOLAR THER-
MAL, PHOTOVOLTAICS, WIND, HYDROELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL
GROUND  SOURCE  HEAT, TIDAL ENERGY, WAVE ENERGY, OCEAN THERMAL, OFFSHORE
WIND AND FUEL CELLS WHICH DO NOT UTILIZE A FOSSIL FUEL RESOURCE  IN  THE
PROCESS OF GENERATING ELECTRICITY.
  2.  NO LATER THAN JANUARY FIRST, TWO THOUSAND EIGHTEEN, THE COMMISSION
SHALL ESTABLISH A PROGRAM TO REQUIRE THAT A MINIMUM OF FIFTY PERCENT  OF
THE  STATEWIDE  ELECTRIC  GENERATION SECURED BY LOAD SERVING ENTITIES TO
MEET THE ELECTRICAL ENERGY REQUIREMENTS OF ALL END-USE CUSTOMERS IN  NEW
YORK STATE IN TWO THOUSAND THIRTY SHALL BE GENERATED BY RENEWABLE ENERGY
SYSTEMS.
  THE COMMISSION SHALL SET ANNUAL MINIMUM PERCENTAGE LEVELS OF ELECTRIC-
ITY  GENERATED  BY  RENEWABLE  ENERGY  SYSTEMS  AND DELIVERED TO END-USE
CUSTOMERS IN NEW YORK STATE FOR EACH YEAR OF THE PROGRAM.
  3. NO LATER THAN JULY FIRST, TWO THOUSAND NINETEEN AND EVERY TWO YEARS
THEREAFTER, THE COMMISSION SHALL, AFTER NOTICE  AND  PROVISION  FOR  THE
OPPORTUNITY  TO  COMMENT,  ISSUE  A  COMPREHENSIVE REVIEW OF THE PROGRAM
ESTABLISHED PURSUANT TO THIS SECTION. THE  COMMISSION  SHALL  DETERMINE,
AMONG OTHER MATTERS:  (A) PROGRESS IN MEETING THE OVERALL ANNUAL TARGETS
FOR  DEPLOYMENT OF RENEWABLE ENERGY SYSTEMS; (B) DISTRIBUTION OF SYSTEMS
BY SIZE AND LOAD ZONE; AND (C) ANNUAL FUNDING COMMITMENTS  AND  EXPENDI-

A. 8270                            13

TURES.  THE  COMMISSION  SHALL  EVALUATE  THE ANNUAL TARGETS ESTABLISHED
PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND  DETERMINE  WHETHER  THE
ANNUAL TARGETS SHOULD BE ACCELERATED, INCREASED OR EXTENDED, TAKING INTO
CONSIDERATION  LOAD  MODIFICATIONS  ASSOCIATED WITH, BUT NOT LIMITED TO,
ENERGY EFFICIENCY MEASURES AND THE  ELECTRIFICATION  OF  TRANSPORTATION,
HEATING SYSTEMS AND INDUSTRIAL PROCESSES.
  4.  THE  COMMISSION  MAY TEMPORARILY SUSPEND OR MODIFY THE OBLIGATIONS
UNDER SUCH PROGRAM PROVIDED THAT  THE  COMMISSION,  AFTER  CONDUCTING  A
HEARING  AS  PROVIDED IN SECTION TWENTY OF THIS CHAPTER, MAKES A FINDING
THAT THE PROGRAM IMPEDES THE PROVISION OF  SAFE  AND  ADEQUATE  ELECTRIC
SERVICE  OR  THAT  THERE IS A SIGNIFICANT INCREASE IN ARREARS OR SERVICE
DISCONNECTIONS THAT THE COMMISSION DETERMINES IS RELATED TO THE PROGRAM.
  5. EVERY CONTRACTOR EMPLOYED PURSUANT TO THIS SECTION,  NOT  OTHERWISE
REQUIRED  TO  PAY  LABORERS, WORKERS OR MECHANICS THE PREVAILING RATE OF
WAGES PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW,  SHALL  PAY  EMPLOYEES
UNDER  CONTRACT FOR THE DEVELOPMENT OF RENEWABLE ENERGY SYSTEMS RATED AT
TWO HUNDRED FIFTY KILOWATTS OR  MORE,  A  WAGE  OF  NOT  LESS  THAN  THE
PREVAILING  RATE  OF  WAGES  FOR  SUCH  WORK  IN THE LOCALITY WHERE SUCH
INSTALLATION OCCURS. THIS REQUIREMENT SHALL BE IN EFFECT FOR  THE  DURA-
TION  OF  THE  RECEIPT  BY  THE CONTRACTOR OF THE INCENTIVES ESTABLISHED
PURSUANT TO THIS SECTION AND IN NO EVENT SHALL SUCH  REQUIREMENT  EXTEND
BEYOND  THE AVAILABILITY OF SUCH INCENTIVES. EVERY CONTRACTOR SUBJECT TO
THE PROVISIONS OF THIS SUBDIVISION SHALL  MAINTAIN  PAYROLL  RECORDS  IN
ACCORDANCE WITH SECTION TWO HUNDRED TWENTY OF THE LABOR LAW.
  § 5. Section 1005 of the public authorities law is amended by adding a
new subdivision 26 to read as follows:
  26.  RENEWABLE ENERGY PROGRAM. AS DEEMED FEASIBLE AND ADVISABLE BY THE
TRUSTEES,  NO  LATER  THAN  JANUARY  FIRST,  TWO  THOUSAND EIGHTEEN, THE
AUTHORITY SHALL SECURE ENERGY TO SERVE THE  ELECTRICAL  ENERGY  REQUIRE-
MENTS  OF  ITS END-USE CUSTOMERS IN ACCORDANCE WITH THE RENEWABLE ENERGY
PROGRAM AS SET FORTH AND DEFINED IN SECTION SIXTY-SIX-O  OF  THE  PUBLIC
SERVICE LAW.
  §  6.  Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
law, as renumbered by chapter 388 of the laws of  2011,  are  renumbered
sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
to read as follows:
  § 1020-II.  RENEWABLE ENERGY PROGRAM. THE AUTHORITY AND ALL LOAD SERV-
ING  ENTITIES THAT SECURE ENERGY TO SERVE THE ELECTRICAL ENERGY REQUIRE-
MENTS OF END-USE CUSTOMERS IN ITS SERVICE TERRITORY  SHALL  COMPLY  WITH
THE  RENEWABLE ENERGY PROGRAM AS SET FORTH AND DEFINED IN SECTION SIXTY-
SIX-O OF THE PUBLIC SERVICE LAW.
  § 6-a. Subdivision 1 of section 1020-s of the public authorities  law,
as amended by section 9 of part A of chapter 173 of the laws of 2013, is
amended to read as follows:
  1.  The  rates,  services  and  practices  relating to the electricity
generated by facilities owned or operated by the authority shall not  be
subject to the provisions of the public service law or to regulation by,
or  the  jurisdiction  of,  the public service commission, except to the
extent (a) article seven of the public service law applies to the siting
and operation of a major utility transmission facility as defined there-
in, (b) article ten of such law applies to the siting  of  a  generating
facility as defined therein, (c) section eighteen-a of such law provides
for  assessment  for certain costs, property or operations, [and] (d) to
the extent that the department  of  public  service  reviews  and  makes
recommendations with respect to the operations and provision of services
of,  and  rates  and  budgets  established by, the authority pursuant to

A. 8270                            14

section three-b of such law AND (E)  THAT  SECTION  SIXTY-SIX-O  OF  THE
PUBLIC  SERVICE  LAW  APPLIES TO THE AUTHORITY AND LOAD SERVING ENTITIES
THAT SECURE ENERGY TO SERVE THE ELECTRICAL ENERGY REQUIREMENTS  OF  END-
USE CUSTOMERS WITHIN THE AUTHORITY'S JURISDICTION.
  §  7.  The labor law is amended by adding a new article 8-B to read as
follows:
                               ARTICLE 8-B
              LABOR AND JOB STANDARDS AND WORKER PROTECTION
SECTION 228. LABOR AND JOB STANDARDS AND WORKER PROTECTION.
  § 228. LABOR AND JOB STANDARDS AND WORKER  PROTECTION.  1.  ALL  STATE
AGENCIES  INVOLVED IN IMPLEMENTING THE NEW YORK STATE CLIMATE AND COMMU-
NITY PROTECTION ACT SHALL ASSESS AND IMPLEMENT  STRATEGIES  TO  INCREASE
EMPLOYMENT  OPPORTUNITIES  AND  IMPROVE  JOB QUALITY. WITHIN ONE HUNDRED
TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, ALL  STATE  AGENCIES,
OFFICES, AUTHORITIES, AND DIVISIONS SHALL REPORT TO THE LEGISLATURE ON:
  A. STEPS THEY WILL TAKE TO ENSURE COMPLIANCE WITH THIS SECTION; AND
  B.  REGULATIONS NECESSARY TO ENSURE THAT THEY PRIORITIZE THE STATEWIDE
GOAL OF CREATING GOOD JOBS AND INCREASING EMPLOYMENT OPPORTUNITIES.
  2.  IN  CONSIDERING  AND  ISSUING  PERMITS,   LICENSES,   REGULATIONS,
CONTRACTS,  AND OTHER ADMINISTRATIVE APPROVALS AND DECISIONS PURSUANT TO
THE NEW YORK STATE CLIMATE AND COMMUNITY PROTECTION ACT, ALL STATE AGEN-
CIES, OFFICES, AUTHORITIES, AND  DIVISIONS  SHALL  APPLY  THE  FOLLOWING
LABOR,  TRAINING,  AND  JOB  QUALITY  STANDARDS TO THE FOLLOWING PROJECT
TYPES: PUBLIC WORK; PROJECTS IN RECEIPT OF MORE THAN ONE  HUNDRED  THOU-
SAND  DOLLARS IN TOTAL FINANCIAL ASSISTANCE; OR TO PROJECTS WITH A TOTAL
VALUE OF MORE THAN TEN MILLION DOLLARS; AND PRIVATELY-FINANCED  PROJECTS
ON PUBLIC PROPERTY.
  A.  THE  PAYMENT OF NO LESS THAN PREVAILING WAGES FOR ALL EMPLOYEES IN
CONSTRUCTION AND BUILDING, CONSISTENT WITH ARTICLE  EIGHT  OF  THE  THIS
CHAPTER,  AND  BUILDING  SERVICES,  CONSISTENT WITH ARTICLE NINE OF THIS
CHAPTER;
  B. THE INCLUSION OF CONTRACT LANGUAGE REQUIRING CONTRACTORS TO  ESTAB-
LISH  LABOR  HARMONY POLICIES; DISPUTE RESOLUTION MECHANISMS; PREVAILING
WAGE  COMPLIANCE;  SAFETY  POLICIES;  WORKERS   COMPENSATION   INSURANCE
(INCLUDING  REVIEW  OF  CONTRACTOR EXPERIENCE RATING AND OTHER FACTORS);
AND APPRENTICESHIP PROGRAM APPROPRIATE FOR CRAFTS EMPLOYED.  PROCUREMENT
RULES  SHOULD  ENCOURAGE  BUNDLING  OF  SMALL  CONTRACTS AND PROJECTS TO
IMPROVE THE EFFICIENCY OF COMPLIANCE;
  C. APPRENTICESHIP UTILIZATION:
  I. THAT ALL  CONTRACTORS  AND  SUBCONTRACTORS,  INCLUDING  THOSE  THAT
PARTICIPATE  IN POWER PURCHASE AGREEMENTS, ENERGY PERFORMANCE CONTRACTS,
OR OTHER SIMILAR PROGRAMS, PARTICIPATE IN APPRENTICESHIP PROGRAMS IN THE
TRADES IN WHICH THEY ARE PERFORMING WORK;
  II. MAXIMUM USE OF APPRENTICES AS PER  DEPARTMENT  OF  LABOR  APPROVED
RATIOS;
  III. ENCOURAGEMENT OF AFFILIATED PRE-APPRENTICE DIRECT ENTRY PROGRAMS,
INCLUDING  BUT  NOT  LIMITED  TO EJM CONSTRUCTION SKILLS; NYC HELMETS TO
HARDHATS, AND NONTRADITIONAL EMPLOYMENT FOR WOMEN (NEW) FOR THE RECRUIT-
MENT OF LOCAL AND/OR DISADVANTAGED WORKERS;
  IV. EXISTING WORKFORCE DEVELOPMENT PROGRAMS, INCLUDING  THOSE  AT  THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHOULD BE MADE
TO CONFORM TO THESE STANDARDS.
  3.  THE  COMMISSIONER,  THE FISCAL OFFICER AND OTHER RELEVANT AGENCIES
SHALL PROMULGATE SUCH REGULATIONS AS  ARE  NECESSARY  TO  IMPLEMENT  AND
ADMINISTER  COMPLIANCE  WITH THE PROVISIONS OF THIS SECTION. THE DEPART-
MENT AND THE FISCAL OFFICER SHALL COORDINATE WITH  ORGANIZED  LABOR  AND

A. 8270                            15

LOCAL  AND  COUNTY  LEVEL  GOVERNMENTS  TO  IMPLEMENT  A SYSTEM TO TRACK
COMPLIANCE, ACCEPT REPORTS OF NON-COMPLIANCE FOR ENFORCEMENT ACTION, AND
REPORT ANNUALLY ON THE ADOPTION OF THESE STANDARDS  TO  THE  LEGISLATURE
STARTING ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION.
  A.  FOR  THE PURPOSES OF THIS SECTION, "FISCAL OFFICER" SHALL MEAN THE
INDUSTRIAL COMMISSIONER, EXCEPT FOR CONSTRUCTION  AND  BUILDING  SERVICE
WORK PERFORMED BY OR ON BEHALF OF A CITY, IN WHICH CASE "FISCAL OFFICER"
SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER OF SUCH CITY.
  B.  THE  PROVISIONS  OF  THE  CONTRACT  BY  THE RECIPIENT OF FINANCIAL
ASSISTANCE PERTAINING  TO  PREVAILING  WAGES  ARE  TO  BE  CONSIDERED  A
CONTRACT  FOR  THE BENEFIT OF CONSTRUCTION AND BUILDING SERVICE WORKERS,
UPON WHICH SUCH WORKERS SHALL HAVE THE RIGHT TO MAINTAIN ACTION FOR  THE
DIFFERENCE  BETWEEN  THE PREVAILING WAGE RATE OF PAY, BENEFITS, AND PAID
LEAVE AND THE RATES OF PAY, BENEFITS, AND PAID LEAVE  ACTUALLY  RECEIVED
BY THEM, AND INCLUDING ATTORNEY'S FEES.
  C.  I.  WHERE  A  RECIPIENT OF FINANCIAL ASSISTANCE CONTRACTS BUILDING
SERVICE WORK TO A BUILDING SERVICE CONTRACTOR, THE CONTRACTOR IS HELD TO
THE SAME OBLIGATIONS WITH RESPECT TO PREVAILING WAGES AS THE  RECIPIENT.
THE RECIPIENT MUST INCLUDE TERMS ESTABLISHING THIS OBLIGATION WITHIN ANY
CONTRACT SIGNED WITH A CONTRACTOR.
  II.   WHERE   A   RECIPIENT  OF  FINANCIAL  ASSISTANCE  CONTRACTS  FOR
CONSTRUCTION,  EXCAVATION,  DEMOLITION,  REHABILITATION,  REPAIR,  RENO-
VATION,  ALTERATION OR IMPROVEMENT TO A SUBCONTRACTOR, THE SUBCONTRACTOR
IS HELD TO THE SAME OBLIGATIONS WITH RESPECT TO PREVAILING WAGES AS  THE
RECIPIENT. THE RECIPIENT MUST INCLUDE TERMS ESTABLISHING THIS OBLIGATION
WITHIN ANY CONTRACT SIGNED WITH A SUBCONTRACTOR.
  4.  FOR  THE PURPOSES OF THIS SECTION "FINANCIAL ASSISTANCE" MEANS ANY
PROVISION OF PUBLIC FUNDS TO  ANY  PERSON,  INDIVIDUAL,  PROPRIETORSHIP,
PARTNERSHIP,  JOINT  VENTURE,  CORPORATION,  LIMITED  LIABILITY COMPANY,
TRUST, ASSOCIATION, ORGANIZATION, OR OTHER ENTITY THAT  RECEIVES  FINAN-
CIAL  ASSISTANCE, OR ANY ASSIGNEE OR SUCCESSOR IN INTEREST OF REAL PROP-
ERTY IMPROVED OR  DEVELOPED  WITH  FINANCIAL  ASSISTANCE,  FOR  ECONOMIC
DEVELOPMENT WITHIN THE STATE, INCLUDING BUT NOT LIMITED TO CASH PAYMENTS
OR  GRANTS,  BOND FINANCING, TAX ABATEMENTS OR EXEMPTIONS, INCLUDING BUT
NOT LIMITED TO ABATEMENTS OR EXEMPTIONS  FROM  REAL  PROPERTY,  MORTGAGE
RECORDING,  SALES, AND USE TAXES, OR THE DIFFERENCE BETWEEN ANY PAYMENTS
IN LIEU OF TAXES AND THE AMOUNT OF REAL PROPERTY  OR  OTHER  TAXES  THAT
WOULD  HAVE  BEEN DUE IF THE PROPERTY WERE NOT EXEMPTED FROM SUCH TAXES,
TAX INCREMENT FINANCING, FILING FEE  WAIVERS,  ENERGY  COST  REDUCTIONS,
ENVIRONMENTAL  REMEDIATION  COSTS,  WRITE-DOWNS  IN  THE MARKET VALUE OF
BUILDINGS OR LAND, OR THE COST OF CAPITAL IMPROVEMENTS RELATED  TO  REAL
PROPERTY  FOR  WHICH  THE  STATE  WOULD  NOT  PAY ABSENT THE DEVELOPMENT
PROJECT, AND INCLUDES BOTH DISCRETIONARY AND AS OF RIGHT ASSISTANCE. THE
PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO PROJECTS  RECEIVING  MORE
THAN  ONE  HUNDRED THOUSAND DOLLARS IN TOTAL FINANCIAL ASSISTANCE, OR TO
PROJECTS WITH A TOTAL PROJECT VALUE OF MORE THAN TEN MILLION DOLLARS.
  5. THE COMMISSIONER SHALL EVALUATE WHETHER THERE ARE ADDITIONAL STAND-
ARDS THAT COULD BE APPLIED TO INCREASE WAGE AND BENEFIT STANDARDS OR  TO
ENCOURAGE A SAFE, WELL-TRAINED, AND ADEQUATELY COMPENSATED WORKFORCE.
  6.  NOTHING  SET  FORTH  IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO  EMPLOYEES
THROUGH  BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMIN-
ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  7. NOTHING SET FORTH IN THIS SECTION SHALL PRECLUDE A LOCAL GOVERNMENT
FROM SETTING ADDITIONAL STANDARDS THAT EXPAND ON THESE STATE-WIDE STAND-
ARDS.

A. 8270                            16

  § 8. Report on barriers to, and opportunities for, community ownership
of services and commodities  in  disadvantaged  communities.  1.  On  or
before  two  years  of the effective date of this act, the department of
environmental conservation, with input from relevant state agencies, the
environmental  justice  advisory  group as defined in section 75-0101 of
the environmental conservation law, the climate justice working group as
defined in section 75-0113 of the  environmental  conservation  law  and
Climate  Action  Council  established in article 75 of the environmental
conservation law, and following at  least  two  public  hearings,  shall
prepare  a  report  on  barriers to, and opportunities for, access to or
community ownership of the following services and commodities in  disad-
vantaged  communities  as  identified in article 75 of the environmental
conservation law:
  a. Distributed renewable energy generation.
  b. Energy efficiency and weatherization investments.
  c. Zero-emission and low-emission transportation options.
  d. Adaptation measures to improve the resilience of  homes  and  local
infrastructure to the impacts of climate change including but not limit-
ed to microgrids.
  e. Other services and infrastructure that can reduce the risks associ-
ated with climate-related hazards, including but not limited to:
  i. Shelters and cool rooms during extreme heat events;
  ii. Shelters during flooding events; and
  iii.  Medical  treatment for asthma and other conditions that could be
exacerbated by climate-related events.
  2. The report, which shall be submitted to the governor,  the  speaker
of  the assembly and the temporary president of the senate and posted on
the department of  environmental  conservation  website,  shall  include
recommendations  on  how  to increase access to the services and commod-
ities.
  3. The department of environmental conservation shall amend the  scop-
ing plan for statewide greenhouse gas emissions reductions in accordance
with the recommendations included in the report.
  §  9.  Climate change actions 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, including but not limited to the execution
of  grants,  loans, and contracts, all state agencies, offices, authori-
ties, and divisions shall consider whether such decisions are inconsist-
ent with or will interfere with the attainment of the  statewide  green-
house   gas   emissions   limits   established  in  article  75  of  the
environmental conservation law. Where such decisions are  deemed  to  be
inconsistent with or will interfere with the attainment of the statewide
greenhouse  gas  emissions  limits,  each  agency, office, authority, or
division shall provide a detailed statement of justification as  to  why
such limits/criteria may not be met, and identify alternatives or green-
house  gas  mitigation  measures  to  be  required where such project is
located.
  3. In considering and issuing permits, licenses, and other administra-
tive approvals and decisions, including but not limited to the execution
of grants, loans, and contracts, pursuant to article 75 of the  environ-
mental  conservation  law, all state agencies, offices, authorities, and
divisions shall not disproportionately burden disadvantaged  communities
as  identified pursuant to subdivision 5 of section 75-0101 of the envi-
ronmental conservation law. All state  agencies,  offices,  authorities,

A. 8270                            17

and  divisions  shall also prioritize reductions of greenhouse gas emis-
sions and  co-pollutants  in  disadvantaged  communities  as  identified
pursuant  to  such subdivision 5 of section 75-0101 of the environmental
conservation law.
  §  10. Authorization for other state agencies to promulgate greenhouse
gas emissions regulations. 1. The public  service  commission,  the  New
York  state energy research and development authority, 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  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  regulations to contribute to
achieving the statewide greenhouse gas emissions limits  established  in
article 75 of the environmental conservation law. Provided, however, any
such regulations shall not limit the department of environmental conser-
vation's  authority  to  regulate  and  control greenhouse gas emissions
pursuant to article 75 of the environmental conservation law.
  § 11. 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 ADAPTATION AND RESILIENCE, INCLUDING:
  (A) 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.
  (B) IDENTIFYING THE MOST  SIGNIFICANT  CLIMATE-RELATED  RISKS,  TAKING
INTO  ACCOUNT THE PROBABILITY OF OCCURRENCE, THE MAGNITUDE OF THE POTEN-
TIAL HARM, AND THE UNCERTAINTY OF THE RISK.
  (C) MEASURES THAT COULD MITIGATE SIGNIFICANT CLIMATE-RELATED RISKS, AS
WELL AS A COST-BENEFIT ANALYSIS AND IMPLEMENTATION OF SUCH MEASURES.
  § 17-B. MAJOR PERMITS FOR THE REGULATORY PROGRAMS OF SUBDIVISION THREE
OF SECTION 70-0107 OF THE ENVIRONMENTAL CONSERVATION LAW  SHALL  REQUIRE
APPLICANTS  TO  DEMONSTRATE  THAT  FUTURE PHYSICAL CLIMATE RISK HAS BEEN
CONSIDERED. IN REVIEWING SUCH INFORMATION THE DEPARTMENT MAY REQUIRE THE
APPLICANT TO MITIGATE SIGNIFICANT RISKS TO PUBLIC INFRASTRUCTURE  AND/OR
SERVICES,  PRIVATE  PROPERTY NOT OWNED BY THE APPLICANT, ADVERSE IMPACTS
ON DISADVANTAGED COMMUNITIES, AND/OR NATURAL RESOURCES IN  THE  VICINITY
OF THE PROJECT.
  §  12.  Nothing  in  this  act shall limit the existing authority of a
state entity to adopt and implement greenhouse gas  emissions  reduction
measures.
  §  13. 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.
  §  14.  Review under this act may be had in a proceeding under article
78 of the civil practice law and rules at the  instance  of  any  person
aggrieved.
  §  15. 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 judgement shall not affect, impair,  or

A. 8270                            18

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 judgement shall
have been rendered.
  §  16.  This  act  shall  take effect on the same date and in the same
manner as a chapter of the laws  of  2017,  amending  the  environmental
conservation  law, in relation to establishing a permanent environmental
justice advisory group and an environmental justice interagency  coordi-
nating  council,  as  proposed  in  legislative bills numbers A.2234 and
S.3110, takes effect; provided further, the provisions of section  seven
of  this act shall take effect on the one hundred eightieth day after it
shall have become a law and  shall  apply  to  any  grants,  loans,  and
contracts  and  financial assistance awarded or renewed on or after such
effective date.

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8270--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2017
                               ___________

Introduced by M. of A. ENGLEBRIGHT, LIFTON, FAHY, ORTIZ, CAHILL, WALKER,
  SEPULVEDA,  CARROLL, ROSENTHAL, THIELE, JAFFEE, SIMON, OTIS, DINOWITZ,
  WILLIAMS, ROZIC, ABINANTI, MOSLEY, BARRETT, SKOUFIS -- Multi-Sponsored
  by -- M. of A. LENTOL -- read once and referred to  the  Committee  on
  Environmental  Conservation  -- reported and referred to the Committee
  on Ways and Means  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the environmental conservation law, the public service
  law, the public authorities law, the labor law and the community  risk
  and  resiliency  act,  in  relation to establishing the New York state
  climate and community protection act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and declaration. The legislature here-
by  enacts the "New York state climate and community protection act" and
finds and declares that:
  1. Climate change is adversely affecting economic  well-being,  public
health,  natural resources, and the environment of New York. The adverse
impacts of climate change include:
  a. an increase in  the  severity  and  frequency  of  extreme  weather
events, such as storms, flooding, and heat waves, which can cause direct
injury  or  death, property damage, and ecological damage (e.g., through
the release of hazardous substances into the environment);
  b. rising sea levels, which exacerbate damage from  storm  surges  and
flooding,  contribute  to  coastal  erosion and saltwater intrusion, and
inundate low-lying areas, leading to the displacement of  or  damage  to
coastal habitat, property, and infrastructure;
  c. a decline in freshwater and saltwater fish populations;
  d.  increased  average temperatures, which increase the demand for air
conditioning and refrigeration among residents and businesses;
  e. exacerbation of air pollution; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13069-02-7

A. 8270--A                          2

  f. an increase  in  the  incidences  of  infectious  diseases,  asthma
attacks,  heart  attacks,  and  other  negative  health  outcomes. These
impacts are having a detrimental effect on some of  New  York's  largest
industries,  including agriculture, commercial shipping, forestry, tour-
ism,  and  recreational and commercial fishing. These impacts also place
additional strain on the physical infrastructure that delivers  critical
services  to  the  citizens  of  New York, including the state's energy,
transportation, stormwater, and wastewater infrastructure.
  2. a. The severity of current climate change and the threat  of  addi-
tional and more severe change will be affected by the actions undertaken
by  New York and other jurisdictions to reduce greenhouse gas emissions.
According to the U.S. Global Change Research Program  (USGCRP)  and  the
Intergovernmental Panel on Climate Change (IPCC), substantial reductions
in  greenhouse gas emissions will be required by mid-century in order to
limit global warming to no more than 2°C and  ideally  1.5°C,  and  thus
minimize  the  risk of severe impacts from climate change. Specifically,
industrialized countries must reduce their greenhouse gas  emissions  by
at  least  80%  below  1990  levels by 2050 in order to stabilize carbon
dioxide equivalent concentrations at 450 parts  per  million--the  level
required to stay within the 2°C target.
  b. On December 12, 2015, one hundred ninety-five countries at the 21st
Conference  of the parties of the United Nations Framework Convention on
Climate Change adopted an agreement addressing greenhouse gas  emissions
mitigation,  adaptation, and finance starting in the year 2020, known as
the Paris Agreement. The Paris Agreement  was  adopted  on  November  4,
2016,  and  is  the  largest  concerted  global effort to combat climate
change to date.
  3. Action undertaken by New York to reduce greenhouse  emissions  will
have  an  impact  on  global  greenhouse  gas  emissions and the rate of
climate change. In addition, such action will encourage other  jurisdic-
tions to implement complementary greenhouse gas reduction strategies and
provide  an  example  of how such strategies can be implemented. It will
also advance the development of green technologies and sustainable prac-
tices within the private sector, which  can  have  far-reaching  impacts
such  as a reduction in the cost of renewable energy components, and the
creation of jobs and tax revenues in New York.
  4. It shall therefore be a goal of the state of  New  York  to  reduce
greenhouse  gas  emissions from all anthropogenic sources 100% over 1990
levels by the year 2050, with an incremental target of  at  least  a  50
percent  reduction  in  climate pollution by the year 2030, in line with
USGCRP and IPCC projections of what  is  necessary  to  avoid  the  most
severe impacts of climate change.
  5.  Although  substantial  emissions reductions are necessary to avoid
the most severe impacts  of  climate  change,  complementary  adaptation
measures  will  also  be  needed  to  address those risks that cannot be
avoided. Some of the impacts of climate change are already observable in
New York state  and  the  northeastern  United  States.  Annual  average
temperatures  are  on  the  rise,  winter snow cover is decreasing, heat
waves and precipitation are  intensifying,  and  sea  levels  along  New
York's  coastline  are  approximately  one foot higher than they were in
1900.  New York has also experienced an increasing number of extreme and
unusual  weather  events,  like  Hurricanes  Irene  and  Lee   and   the
unprecedented  Superstorm Sandy in 2012, which caused at least 53 deaths
and $32 billion in damage in New York state.
  6. New York  should  therefore  minimize  the  risks  associated  with
climate  change  through  a  combination of measures to reduce statewide

A. 8270--A                          3

greenhouse gas emissions and improve the resiliency of  the  state  with
respect  to  the  impacts  and  risks  of  climate change that cannot be
avoided.
  7.  Climate change especially heightens the vulnerability of disadvan-
taged communities, which bear environmental and socioeconomic burdens as
well as legacies of racial and ethnic discrimination. Actions undertaken
by New York state to mitigate greenhouse gas emissions should prioritize
the safety and health of disadvantaged  communities,  control  potential
regressive  impacts  of  future climate change mitigation and adaptation
policies on these communities, and prioritize the allocation  of  public
investments in these areas.
  8.  Creating good jobs and a thriving economy is a core concern of New
York state.   Shaping the ongoing transition in  our  energy  sector  to
ensure  that  it  creates good jobs and protects workers and communities
that may lose employment in the current transition must be key  concerns
of  our  climate  policy.  Setting  clear  standards for job quality and
training standards encourages not only high-quality  work  but  positive
economic impacts.
  9.  Workers  are  at  the front lines of climate change.  Construction
workers and building service workers were  some  of  the  first  workers
dedicated  to cleaning up damage inflicted by recent storms. These work-
ers were often operating in unsafe and toxic environments,  cleaning  up
mold,  and working in unstable buildings. In order to protect the health
and welfare of these workers, it is in the interest of the state of  New
York  to establish safe and healthy working conditions and proper train-
ing for workers involved in climate change related activities. In  addi-
tion, much of the infrastructure work preparing our state for additional
climate  change events must happen quickly and efficiently. It is in the
interest of the state to ensure  labor  harmony  and  promote  efficient
performance  of  work  on climate change related work sites by requiring
workers to be well-trained and adequately compensated.
  10. Ensuring career opportunities are  created  and  shared  geograph-
ically  and  demographically  is necessary to ensure increased access to
good jobs for marginalized communities while making the  same  neighbor-
hoods  more resilient.   Climate change has a disproportionate impact on
low-income people, women, and workers. It is  in  the  interest  of  the
state  of  New York to protect and promote the interests of these groups
against the impacts of climate change and severe weather events  and  to
advance our equity goals by ensuring quality employment opportunities in
safe working environments.
  11.  The  complexity  of  the  ongoing  energy  transition, the uneven
distribution of economic opportunity, and the  disproportionate  cumula-
tive  economic  and environmental burdens on communities mean that there
is a strong state interest in setting a floor statewide for labor stand-
ards, but allowing and encouraging individual agencies and local govern-
ments to raise standards.
  12. By exercising a global leadership role  on  greenhouse  gas  miti-
gation  and climate change adaptation, New York will position its econo-
my, technology centers, financial institutions, and businesses to  bene-
fit  from  national and international efforts to address climate change.
New York state has already  demonstrated  leadership  in  this  area  by
undertaking efforts such as:
  a. executive order no. 24 (2009), establishing a goal to reduce green-
house  gas  emissions  80%  by  the year 2050, creating a climate action
council, and calling for preparation of a climate action plan;

A. 8270--A                          4

  b. chapter 433 of the laws of 2009, establishing a state energy  plan-
ning board and requiring the board to adopt a state energy plan;
  c.  chapter 388 of the laws of 2011, directing the department of envi-
ronmental conservation to  promulgate  rules  and  regulations  limiting
emissions of carbon dioxide by newly constructed major generating facil-
ities;
  d. the adoption of a state energy plan establishing clean energy goals
for  the  year  2030 aimed at reducing greenhouse gas emission levels by
40% from 1990 levels, producing 50% of electricity from renewable sourc-
es, and increasing energy efficiency from 2012 levels by 23%;
  e. collaboration with other states  on  the  Regional  Greenhouse  Gas
Initiative, and the development of a regional low carbon fuel standard;
  f.  creation of new offices and task forces to address climate change,
including the New York state office of  climate  change,  the  renewable
energy task force, and the sea level rise task force; and
  g.  the  enactment  of  the  Community Risk and Resiliency Act (CRRA),
which requires agencies to consider sea level rise and other climate-re-
lated events when implementing certain state programs.
  This legislation will build upon these past developments by creating a
comprehensive regulatory program to reduce greenhouse gas emissions that
corresponds with the targets established in executive order no. 24,  the
state energy plan, and USGCRP and IPCC projections.
  §  2.  The  environmental  conservation law is amended by adding a new
article 75 to read as follows:
                               ARTICLE 75
                             CLIMATE CHANGE
SECTION 75-0101. DEFINITIONS.
        75-0103. NEW YORK STATE CLIMATE ACTION COUNCIL.
        75-0105. STATEWIDE GREENHOUSE GAS EMISSIONS REPORT.
        75-0107. STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS.
        75-0109. SCOPING PLAN FOR  STATEWIDE  GREENHOUSE  GAS  EMISSIONS
                   REDUCTIONS.
        75-0111. PROMULGATION OF REGULATIONS TO ACHIEVE STATEWIDE GREEN-
                   HOUSE GAS EMISSIONS REDUCTIONS.
        75-0113. CLIMATE JUSTICE WORKING GROUP.
        75-0115. IMPLEMENTATION REPORTING.
§ 75-0101. DEFINITIONS.
  FOR  THE  PURPOSES  OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  1. "ALLOWANCE" MEANS AN AUTHORIZATION  TO  EMIT,  DURING  A  SPECIFIED
YEAR, UP TO ONE TON OF CARBON DIOXIDE EQUIVALENT.
  2.  "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.
  3. "CO-POLLUTANTS" MEANS HAZARDOUS AIR POLLUTANTS PRODUCED  BY  GREEN-
HOUSE GAS EMISSIONS SOURCES.
  4.  "COUNCIL"  MEANS  THE NEW YORK STATE CLIMATE ACTION COUNCIL ESTAB-
LISHED PURSUANT TO SECTION 75-0103 OF THIS ARTICLE.
  5. "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR BURDENS  OF
NEGATIVE  PUBLIC  HEALTH  EFFECTS,  ENVIRONMENTAL  POLLUTION, IMPACTS OF
CLIMATE CHANGE, AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA,  AS  IDENTI-
FIED PURSUANT TO SECTION 75-0113 OF THIS ARTICLE.
  6.  "EMISSIONS REDUCTION MEASURES" MEANS PROGRAMS, MEASURES AND STAND-
ARDS, AUTHORIZED PURSUANT TO THIS  CHAPTER,  APPLICABLE  TO  SOURCES  OR

A. 8270--A                          5

CATEGORIES  OF  SOURCES, THAT ARE DESIGNED TO REDUCE EMISSIONS OF GREEN-
HOUSE GASES.
  7.  "GREENHOUSE  GAS"  MEANS  CARBON  DIOXIDE, METHANE, NITROUS OXIDE,
HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
SUBSTANCE EMITTED INTO THE AIR THAT MAY  BE  REASONABLY  ANTICIPATED  TO
CAUSE OR CONTRIBUTE TO ANTHROPOGENIC CLIMATE CHANGE.
  8.  "GREENHOUSE  GAS  EMISSION LIMIT" MEANS AN AUTHORIZATION, DURING A
SPECIFIED YEAR, TO EMIT UP TO A LEVEL OF GREENHOUSE GASES  SPECIFIED  BY
THE DEPARTMENT, EXPRESSED IN TONS OF CARBON DIOXIDE EQUIVALENT.
  9. "GREENHOUSE GAS EMISSION SOURCE" OR "SOURCE" MEANS ANY ANTHROPOGEN-
IC  SOURCE  OR CATEGORY OF ANTHROPOGENIC SOURCES OF GREENHOUSE GAS EMIS-
SIONS, WITH THE EXCEPTION  OF  AGRICULTURAL  EMISSIONS  FROM  LIVESTOCK,
DETERMINED BY THE DEPARTMENT:
  A. THAT ITS PARTICIPATION IN THE PROGRAM WILL ENABLE THE DEPARTMENT TO
EFFECTIVELY REDUCE GREENHOUSE GAS EMISSIONS; AND,
  B. TO BE CAPABLE OF BEING MONITORED FOR COMPLIANCE.
  10. "LEAKAGE" MEANS A REDUCTION IN EMISSIONS OF GREENHOUSE GASES WITH-
IN  THE  STATE  THAT IS OFFSET BY AN INCREASE IN EMISSIONS OF GREENHOUSE
GASES OUTSIDE OF THE STATE.
  11. "MARKET-BASED COMPLIANCE MECHANISM" MEANS ANY OF THE FOLLOWING:
  A. A  PRICE  ON  GREENHOUSE  GAS  EMISSIONS  FROM  REGULATED  SOURCES,
EXPRESSED  AS  A  FEE PER TON OF CARBON DIOXIDE EQUIVALENT RELEASED IN A
GIVEN YEAR.
  B. A SYSTEM OF MARKET-BASED DECLINING ANNUAL AGGREGATE EMISSIONS LIMI-
TATIONS FOR SOURCES OR CATEGORIES OF SOURCES THAT EMIT GREENHOUSE GASES.
  12. "STATEWIDE GREENHOUSE GAS EMISSIONS" MEANS THE TOTAL ANNUAL  EMIS-
SIONS  OF  GREENHOUSE GASES PRODUCED WITHIN THE STATE FROM ANTHROPOGENIC
SOURCES AND GREENHOUSE GASES PRODUCED OUTSIDE  OF  THE  STATE  THAT  ARE
ASSOCIATED  WITH  THE  GENERATION OF ELECTRICITY IMPORTED INTO THE STATE
AND THE EXTRACTION AND TRANSMISSION OF FOSSIL FUELS  IMPORTED  INTO  THE
STATE.  STATEWIDE EMISSIONS SHALL BE EXPRESSED IN TONS OF CARBON DIOXIDE
EQUIVALENTS.
  13. "STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT" OR "STATEWIDE EMISSIONS
LIMIT"  MEANS  THE  MAXIMUM  ALLOWABLE LEVEL OF STATEWIDE GREENHOUSE GAS
EMISSIONS IN A SPECIFIED YEAR, AS DETERMINED BY THE DEPARTMENT  PURSUANT
TO THIS ARTICLE.
  14.  "ENVIRONMENTAL  JUSTICE  ADVISORY GROUP" SHALL MEAN THE PERMANENT
ENVIRONMENTAL JUSTICE ADVISORY GROUP ESTABLISHED BY  A  CHAPTER  OF  THE
LAWS  OF  TWO THOUSAND SEVENTEEN AMENDING THE ENVIRONMENTAL CONSERVATION
LAW RELATING TO ESTABLISHING A PERMANENT ENVIRONMENTAL JUSTICE  ADVISORY
GROUP  AND AN ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL, AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS S.3110  AND  A.2234,  RELATING  TO
ESTABLISHING  A  PERMANENT  ENVIRONMENTAL  JUSTICE ADVISORY GROUP AND AN
ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL.
§ 75-0103. NEW YORK STATE CLIMATE ACTION COUNCIL.
  1. THERE IS HEREBY ESTABLISHED, WITHIN THE DEPARTMENT,  THE  NEW  YORK
STATE  CLIMATE  ACTION  COUNCIL  ("COUNCIL")  WHICH SHALL CONSIST OF THE
FOLLOWING TWENTY-FIVE MEMBERS:
  A. THE COMMISSIONERS OF TRANSPORTATION, HEALTH, ECONOMIC  DEVELOPMENT,
AGRICULTURE   AND   MARKETS,  HOUSING  AND  COMMUNITY  RENEWAL,  GENERAL
SERVICES, LABOR, ENVIRONMENTAL CONSERVATION, HOMELAND SECURITY AND EMER-
GENCY SERVICES, THE CHAIRPERSON OF THE PUBLIC  SERVICE  COMMISSION,  THE
SUPERINTENDENT  OF  FINANCIAL  SERVICES,  THE PRESIDENTS OF THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT; NEW YORK  POWER  AUTHORITY;  LONG
ISLAND  POWER  AUTHORITY; SECRETARY OF STATE, THE CHAIRMAN OF THE METRO-

A. 8270--A                          6

POLITAN TRANSPORTATION AUTHORITY AND DORMITORY OF THE STATE OF NEW YORK,
OR THEIR DESIGNEE.
  B. TWO MEMBERS APPOINTED BY THE GOVERNOR;
  C.  TWO  MEMBERS  TO  BE  APPOINTED  BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  D. TWO MEMBERS TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  E. ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER  OF  THE  SENATE;
AND
  F. ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
  2.  THE  AT  LARGE MEMBERS SHALL INCLUDE AT ALL TIMES INDIVIDUALS WITH
EXPERTISE IN ISSUES RELATING TO CLIMATE CHANGE MITIGATION AND/OR ADAPTA-
TION, SUCH AS ENVIRONMENTAL JUSTICE, LABOR, PUBLIC HEALTH AND  REGULATED
INDUSTRIES.
  3.  COUNCIL  MEMBERS  SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES
BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY  EXPENSES  INCURRED  IN
THE PERFORMANCE OF THEIR DUTIES.
  4.  THE  CHAIRPERSON OF THE COUNCIL SHALL BE THE COMMISSIONER OF ENVI-
RONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
  5. A MAJORITY OF THE MEMBERS OF THE COUNCIL SHALL CONSTITUTE A QUORUM.
  6. ANY VACANCIES ON THE COUNCIL SHALL BE FILLED IN THE MANNER PROVIDED
FOR IN THE INITIAL APPOINTMENT.
  7. THE COUNCIL SHALL BE  AUTHORIZED  TO  CONVENE  ADVISORY  PANELS  TO
ASSIST OR ADVISE IT IN AREAS REQUIRING SPECIAL EXPERTISE OR KNOWLEDGE.
  8.  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 MAY, AT THE REQUEST OF THE CHAIRPERSON, PROVIDE THE  COUN-
CIL  WITH SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE THE COUN-
CIL TO CARRY OUT ITS POWERS AND DUTIES.
  9. THE COUNCIL SHALL CONSULT WITH THE CLIMATE  JUSTICE  WORKING  GROUP
ESTABLISHED  IN SECTION 75-0113 OF THIS ARTICLE, THE DEPARTMENT OF STATE
UTILITY INTERVENTION UNIT, AND THE FEDERALLY  DESIGNATED  ELECTRIC  BULK
SYSTEM OPERATOR.
  10. THE COUNCIL SHALL ADVISE THE DEPARTMENT ON:
  A.  THE DEVELOPMENT OF STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS RULES
AND REGULATIONS, PURSUANT TO SECTION 75-0107 OF THIS ARTICLE, AND  REGU-
LATIONS TO ACHIEVE STATEWIDE GREENHOUSE GAS EMISSIONS REDUCTIONS, PURSU-
ANT TO SECTION 75-0111 OF THIS ARTICLE.
  B. THE PREPARATION OF A SCOPING PLAN FOR REDUCING GREENHOUSE GAS EMIS-
SIONS,  PURSUANT  TO THE PROCEDURES SET FORTH IN SECTION 75-0109 OF THIS
ARTICLE.
  11. THE COUNCIL SHALL IDENTIFY EXISTING CLIMATE CHANGE MITIGATION  AND
ADAPTATION  EFFORTS AT THE FEDERAL, STATE, AND LOCAL LEVELS AND MAY MAKE
RECOMMENDATIONS REGARDING HOW SUCH  POLICIES  MAY  IMPROVE  THE  STATE'S
EFFORTS.
  12.  THE  COUNCIL SHALL MAINTAIN A WEBSITE THAT INCLUDES PUBLIC ACCESS
TO THE SCOPING PLAN AND GREENHOUSE GAS LIMIT INFORMATION.
§ 75-0105. 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  GREENHOUSE  GAS  EMISSION SOURCES IN THE STATE,
INCLUDING THE RELATIVE CONTRIBUTION OF EACH TYPE OF GREENHOUSE  GAS  AND
EACH TYPE OF SOURCE TO THE STATEWIDE TOTAL.

A. 8270--A                          7

  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; AND
  E. 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 AND WITH THE EXTRACTION AND TRANSMISSION OF  FOSSIL
FUELS  IMPORTED  INTO  THE  STATE  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 ALSO INCLUDE AN
ESTIMATE OF WHAT THE STATEWIDE GREENHOUSE GAS  EMISSIONS  LEVEL  WAS  IN
1990.
  6.  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, FUEL CONSUMPTION,
FIELD DATA, AND PEER-REVIEWED RESEARCH.
  7. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT SHALL CLEARLY EXPLAIN
THE  METHODOLOGY  AND ANALYSIS USED IN THE DEPARTMENT'S DETERMINATION OF
GREENHOUSE GAS EMISSIONS AND SHALL INCLUDE A DETAILED EXPLANATION OF ANY
CHANGES IN METHODOLOGY OR ANALYSIS, ADJUSTMENTS MADE TO PRIOR ESTIMATES,
AS NEEDED, AND ANY OTHER INFORMATION NECESSARY TO ESTABLISH A  SCIENTIF-
ICALLY CREDIBLE ACCOUNT OF CHANGE.
  8.  THE  DEPARTMENT  SHALL  HOLD  AT LEAST TWO PUBLIC HEARINGS TO SEEK
PUBLIC INPUT REGARDING THE METHODOLOGY AND ANALYSIS USED IN THE DETERMI-
NATION OF STATEWIDE GREENHOUSE GAS EMISSIONS, AND PERIODICALLY THEREAFT-
ER.
§ 75-0107. STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS.
  1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  ARTICLE,
THE  DEPARTMENT  SHALL,  PURSUANT  TO  RULES AND REGULATIONS PROMULGATED
AFTER AT LEAST ONE PUBLIC HEARING, ESTABLISH A STATEWIDE GREENHOUSE  GAS
EMISSIONS LIMIT AS A PERCENTAGE OF 1990 EMISSIONS, AS ESTIMATED PURSUANT
TO SECTION 75-0105 OF THIS ARTICLE, AS FOLLOWS:
  A. 2020: 85% OF 1990 EMISSIONS.
  B. 2025: 65% OF 1990 EMISSIONS.
  C. 2030: 50% OF 1990 EMISSIONS.
  D. 2035: 35% OF 1990 EMISSIONS.

A. 8270--A                          8

  E. 2040: 20% OF 1990 EMISSIONS.
  F. 2045: 10% OF 1990 EMISSIONS.
  G. 2050: 0% OF 1990 EMISSIONS.
  2. GREENHOUSE GAS EMISSION LIMITS SHALL BE MEASURED IN UNITS OF CARBON
DIOXIDE  EQUIVALENTS  AND  IDENTIFIED FOR EACH INDIVIDUAL TYPE OF GREEN-
HOUSE GAS.
  3. IN ORDER TO ENSURE THE MOST ACCURATE  DETERMINATION  FEASIBLE,  THE
DEPARTMENT  SHALL  UTILIZE THE BEST AVAILABLE SCIENTIFIC, TECHNOLOGICAL,
AND ECONOMIC INFORMATION ON GREENHOUSE GAS EMISSIONS  AND  CONSULT  WITH
THE  COUNCIL,  STAKEHOLDERS,  AND THE PUBLIC IN ORDER TO ENSURE THAT ALL
EMISSIONS ARE ACCURATELY REFLECTED IN ITS DETERMINATION  OF  1990  EMIS-
SIONS LEVELS.
§ 75-0109. SCOPING   PLAN   FOR   STATEWIDE   GREENHOUSE  GAS  EMISSIONS
             REDUCTIONS.
  1. ON OR BEFORE TWO YEARS OF THE EFFECTIVE DATE OF THIS  ARTICLE,  THE
DEPARTMENT  SHALL  PREPARE  AND  APPROVE  A  SCOPING  PLAN OUTLINING THE
DEPARTMENT'S RECOMMENDATIONS FOR ATTAINING THE STATEWIDE GREENHOUSE  GAS
EMISSIONS  LIMITS IN ACCORDANCE WITH THE SCHEDULE ESTABLISHED IN SECTION
75-0107 OF THIS ARTICLE.
  2. THE DRAFT SCOPING PLAN SHALL BE DEVELOPED IN CONSULTATION WITH  THE
COUNCIL,  ENVIRONMENTAL  JUSTICE ADVISORY GROUP, AND THE CLIMATE JUSTICE
WORKING GROUP ESTABLISHED PURSUANT TO SECTION 75-0113  OF  THIS  ARTICLE
AND OTHER STAKEHOLDERS.
  A.  THE  DEPARTMENT  AND  THE COUNCIL SHALL HOLD AT LEAST SIX REGIONAL
PUBLIC COMMENT HEARINGS ON THE DRAFT SCOPING PLAN, INCLUDING THREE MEET-
INGS IN THE UPSTATE REGION AND THREE MEETINGS IN THE  DOWNSTATE  REGION,
AND  SHALL  ALLOW AT LEAST ONE HUNDRED TWENTY DAYS FOR THE SUBMISSION OF
PUBLIC COMMENT.
  B. THE DEPARTMENT SHALL PROVIDE MEANINGFUL  OPPORTUNITIES  FOR  PUBLIC
COMMENT  FROM  ALL  PERSONS  WHO WILL BE IMPACTED BY THE PLAN, INCLUDING
PERSONS LIVING IN DISADVANTAGED COMMUNITIES AS  IDENTIFIED  PURSUANT  TO
SECTION 75-0113 OF THIS ARTICLE.
  C.  ON  OR BEFORE THIRTY MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE,
THE DEPARTMENT SHALL SUBMIT THE FINAL SCOPING PLAN TO THE GOVERNOR,  THE
SPEAKER  OF  THE  ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE AND
POST SUCH PLAN ON ITS WEBSITE.
  3. THE SCOPING PLAN SHALL IDENTIFY AND MAKE RECOMMENDATIONS ON REGULA-
TORY MEASURES AND OTHER STATE ACTIONS THAT WILL ENSURE THE ATTAINMENT OF
THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS  ESTABLISHED  PURSUANT  TO
SECTION  75-0107 OF THIS ARTICLE. THE MEASURES AND ACTIONS CONSIDERED IN
SUCH SCOPING PLAN SHALL AT A MINIMUM INCLUDE:
  A. PERFORMANCE-BASED STANDARDS FOR SOURCES  OF  GREENHOUSE  GAS  EMIS-
SIONS,  INCLUDING  BUT  NOT  LIMITED  TO  SOURCES IN THE TRANSPORTATION,
BUILDING, INDUSTRIAL, COMMERCIAL, AND AGRICULTURAL SECTORS.
  B. MARKET-BASED MECHANISMS TO REDUCE STATEWIDE  GREENHOUSE  GAS  EMIS-
SIONS OR EMISSIONS FROM A PARTICULAR SOURCE CATEGORY, INCLUDING AN EXAM-
INATION OF: THE IMPOSITION OF FEES PER UNIT OF CARBON DIOXIDE EQUIVALENT
EMITTED  AND THE IMPOSITION OF EMISSIONS CAPS ACCOMPANIED BY A SYSTEM OF
TRADABLE EMISSION ALLOWANCES.
  C. MEASURES  TO  REDUCE  EMISSIONS  FROM  THE  ELECTRICITY  SECTOR  BY
DISPLACING  FOSSIL-FUEL  FIRED ELECTRICITY WITH RENEWABLE ELECTRICITY OR
ENERGY EFFICIENCY.
  D. LAND-USE AND TRANSPORTATION PLANNING  MEASURES  AIMED  AT  REDUCING
GREENHOUSE GAS EMISSIONS FROM MOTOR VEHICLES.
  E.  MEASURES  TO ACHIEVE LONG-TERM CARBON SEQUESTRATION AND/OR PROMOTE
BEST MANAGEMENT PRACTICES IN LAND USE, AGRICULTURE AND FORESTRY.

A. 8270--A                          9

  F. VERIFIABLE, ENFORCEABLE AND VOLUNTARY EMISSIONS REDUCTION MEASURES.
  4. IN DEVELOPING SUCH PLAN THE DEPARTMENT SHALL:
  A.  CONSIDER  ALL  RELEVANT  INFORMATION  PERTAINING TO GREENHOUSE GAS
EMISSIONS REDUCTION PROGRAMS IN OTHER STATES, REGIONS,  LOCALITIES,  AND
NATIONS.
  B.  EVALUATE, USING THE BEST AVAILABLE ECONOMIC MODELS, EMISSION ESTI-
MATION TECHNIQUES AND OTHER  SCIENTIFIC  METHODS,  THE  TOTAL  POTENTIAL
COSTS  AND  POTENTIAL ECONOMIC AND NON-ECONOMIC BENEFITS OF THE PLAN FOR
REDUCING GREENHOUSE GASES, AND MAKE SUCH EVALUATION PUBLICLY  AVAILABLE.
IN CONDUCTING THIS EVALUATION, THE DEPARTMENT SHALL QUANTIFY:
  I.  THE  ECONOMIC  AND  SOCIAL  BENEFITS  OF  GREENHOUSE GAS EMISSIONS
REDUCTIONS, TAKING INTO ACCOUNT THE FEDERAL SOCIAL COST OF  CARBON,  ANY
OTHER  TOOLS  THAT  THE  DEPARTMENT  DEEMS USEFUL AND PERTINENT FOR THIS
ANALYSIS, AND ANY ENVIRONMENTAL, ECONOMIC AND PUBLIC HEALTH  CO-BENEFITS
(SUCH AS THE REDUCTION OF CO-POLLUTANTS AND THE DIVERSIFICATION OF ENER-
GY SOURCES); AND
  II.  THE  COSTS OF IMPLEMENTING PROPOSED EMISSIONS REDUCTION MEASURES,
AND THE EMISSIONS REDUCTIONS THAT THE DEPARTMENT  ANTICIPATES  ACHIEVING
THROUGH THESE MEASURES.
  C.  TAKE  INTO  ACCOUNT  THE  RELATIVE  CONTRIBUTION OF EACH SOURCE OR
SOURCE CATEGORY TO STATEWIDE GREENHOUSE GAS EMISSIONS, AND THE POTENTIAL
FOR ADVERSE EFFECTS ON SMALL BUSINESSES,  AND  RECOMMEND  A  DE  MINIMIS
THRESHOLD  OF  GREENHOUSE  GAS  EMISSIONS BELOW WHICH EMISSION REDUCTION
REQUIREMENTS WILL NOT APPLY.
  D. IDENTIFY MEASURES TO MAXIMIZE REDUCTIONS  OF  BOTH  GREENHOUSE  GAS
EMISSIONS  AND  CO-POLLUTANTS IN DISADVANTAGED COMMUNITIES AS IDENTIFIED
PURSUANT TO SECTION 75-0113 OF THIS ARTICLE.
  5. THE DEPARTMENT SHALL UPDATE ITS PLAN FOR  ACHIEVING  THE  STATEWIDE
GREENHOUSE GAS EMISSIONS LIMITS AT LEAST ONCE EVERY FIVE YEARS AND SHALL
MAKE SUCH UPDATES AVAILABLE TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY
AND  THE  TEMPORARY PRESIDENT OF THE SENATE AND POST SUCH UPDATES ON ITS
WEBSITE.
§ 75-0111. PROMULGATION OF REGULATIONS TO ACHIEVE  STATEWIDE  GREENHOUSE
             GAS EMISSIONS REDUCTIONS.
  1. NO LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
THE  DEPARTMENT,  AFTER PUBLIC WORKSHOPS AND CONSULTATION WITH THE COUN-
CIL, THE ENVIRONMENTAL JUSTICE ADVISORY GROUP, AND THE  CLIMATE  JUSTICE
WORKING  GROUP  ESTABLISHED PURSUANT TO SECTION 75-0113 OF THIS ARTICLE,
REPRESENTATIVES OF REGULATED ENTITIES, COMMUNITY ORGANIZATIONS, ENVIRON-
MENTAL GROUPS, HEALTH  PROFESSIONALS,  LABOR  UNIONS,  MUNICIPAL  CORPO-
RATIONS, TRADE ASSOCIATIONS AND OTHER STAKEHOLDERS, SHALL, AFTER NO LESS
THAN  TWO  PUBLIC  HEARINGS,  PROMULGATE RULES AND REGULATIONS TO ENSURE
COMPLIANCE WITH THE STATEWIDE EMISSIONS REDUCTION LIMITS.
  2. THE REGULATIONS PROMULGATED BY  THE  DEPARTMENT  PURSUANT  TO  THIS
SECTION SHALL:
  A. ENSURE THAT THE AGGREGATE EMISSIONS OF GREENHOUSE GASES FROM GREEN-
HOUSE  GAS EMISSION SOURCES WILL NOT EXCEED THE STATEWIDE GREENHOUSE GAS
EMISSIONS LIMITS ESTABLISHED IN SECTION 75-0107 OF THIS ARTICLE.
  B. INCLUDE LEGALLY ENFORCEABLE EMISSIONS  LIMITS,  PERFORMANCE  STAND-
ARDS, OR MEASURES OR OTHER REQUIREMENTS TO CONTROL EMISSIONS FROM GREEN-
HOUSE GAS EMISSION SOURCES.
  C.  INCLUDE  MEASURES TO REDUCE EMISSIONS FROM GREENHOUSE GAS EMISSION
SOURCES THAT HAVE A CUMULATIVELY SIGNIFICANT IMPACT ON STATEWIDE  GREEN-
HOUSE  GAS  EMISSIONS,  SUCH  AS  INTERNAL COMBUSTION VEHICLES THAT BURN
GASOLINE OR DIESEL FUEL AND BOILERS OR FURNACES THAT BURN OIL OR NATURAL
GAS.

A. 8270--A                         10

  3. IN PROMULGATING THESE REGULATIONS, THE DEPARTMENT SHALL:
  A.  DESIGN  AND IMPLEMENT ALL REGULATIONS IN A MANNER THAT SEEKS TO BE
EQUITABLE, TO MINIMIZE COSTS AND TO MAXIMIZE THE TOTAL BENEFITS  TO  NEW
YORK, AND ENCOURAGES EARLY ACTION TO REDUCE GREENHOUSE GAS EMISSIONS.
  B.  ENSURE THAT GREENHOUSE GAS EMISSIONS REDUCTIONS ACHIEVED ARE REAL,
PERMANENT, QUANTIFIABLE, VERIFIABLE, AND ENFORCEABLE BY THE DEPARTMENT.
  C. ENSURE THAT ACTIVITIES UNDERTAKEN TO COMPLY WITH THE REGULATIONS DO
NOT RESULT IN A NET INCREASE  IN  CO-POLLUTANT  EMISSIONS  OR  OTHERWISE
DISPROPORTIONATELY BURDEN DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSU-
ANT TO SECTION 75-0113 OF THIS ARTICLE.
  D.  PRIORITIZE  MEASURES  TO MAXIMIZE NET REDUCTIONS OF GREENHOUSE GAS
EMISSIONS AND CO-POLLUTANTS IN DISADVANTAGED COMMUNITIES  AS  IDENTIFIED
PURSUANT  TO  SECTION 75-0113 OF THIS ARTICLE AND ENCOURAGE EARLY ACTION
TO REDUCE GREENHOUSE GAS EMISSIONS AND CO-POLLUTANTS.
  E. MINIMIZE LEAKAGE.
  4. MARKET-BASED COMPLIANCE MECHANISMS.
  A. THE DEPARTMENT MAY CONSIDER PROVISIONS FOR THE USE OF  MARKET-BASED
COMPLIANCE MECHANISMS TO COMPLY WITH THE REGULATIONS.
  B.  PRIOR TO THE INCLUSION OF ANY MARKET-BASED COMPLIANCE MECHANISM IN
THE REGULATIONS, TO THE  EXTENT  FEASIBLE  AND  IN  THE  FURTHERANCE  OF
ACHIEVING  THE  STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT, THE DEPARTMENT
SHALL DO ALL OF THE FOLLOWING:
  I. CONSIDER THE POTENTIAL FOR DIRECT, INDIRECT, AND  CUMULATIVE  EMIS-
SION  IMPACTS  FROM  THESE  MECHANISMS,  INCLUDING  LOCALIZED IMPACTS IN
DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSUANT TO SECTION  75-0113  OF
THIS ARTICLE;
  II.  DESIGN  ANY  MARKET-BASED  COMPLIANCE  MECHANISM  TO  PREVENT ANY
INCREASE IN THE EMISSIONS OF CO-POLLUTANTS; AND
  III. MAXIMIZE ADDITIONAL ENVIRONMENTAL, PUBLIC  HEALTH,  AND  ECONOMIC
BENEFITS  FOR  THE  STATE  OF NEW YORK AND FOR DISADVANTAGED COMMUNITIES
IDENTIFIED PURSUANT TO SECTION 75-0113 OF THIS ARTICLE, AS APPROPRIATE.
  C. SUCH REGULATIONS SHALL INCLUDE  PROVISIONS  GOVERNING  HOW  MARKET-
BASED COMPLIANCE MECHANISMS MAY BE USED BY REGULATED ENTITIES SUBJECT TO
GREENHOUSE   GAS  EMISSIONS  LIMITS  AND  MANDATORY  EMISSION  REPORTING
REQUIREMENTS TO ACHIEVE COMPLIANCE WITH THEIR GREENHOUSE  GAS  EMISSIONS
LIMITS.
  D.  THE  DEPARTMENT  SHALL ENSURE THAT, AT A MINIMUM, FORTY PERCENT OF
ANY FUNDS COLLECTED PURSUANT TO ANY MARKET-BASED COMPLIANCE  REGULATIONS
PROMULGATED UNDER THIS SECTION AS A RESULT OF LEGISLATIVE AUTHORIZATION,
FUNDS AUTHORIZED BY THE PUBLIC SERVICE COMMISSION TO BE COLLECTED SOLELY
FOR  AND  DIRECTED TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY AND PROCEEDS COLLECTED BY THE NEW YORK STATE  ENERGY  RESEARCH
AND  DEVELOPMENT  AUTHORITY  FROM  THE AUCTION OR SALE OF CARBON DIOXIDE
EMISSION ALLOWANCES ALLOCATED BY THE DEPARTMENT ARE INVESTED IN A MANNER
WHICH WILL BENEFIT DISADVANTAGED  COMMUNITIES,  IDENTIFIED  PURSUANT  TO
SECTION  75-0113  OF  THIS ARTICLE, CONSISTENT WITH THE PURPOSES OF THIS
ARTICLE, INCLUDING, BUT NOT LIMITED TO, INCREASED  ACCESS  TO  RENEWABLE
ENERGY, ENERGY EFFICIENCY, WEATHERIZATION, ZERO- AND LOW-EMISSION TRANS-
PORTATION,  AND  ADAPTATION OPPORTUNITIES.  THE DEPARTMENT SHALL CONSULT
WITH THE CLIMATE JUSTICE WORKING GROUP IN DEVELOPING  AND  CARRYING  OUT
SUCH INVESTMENTS.
§ 75-0113. CLIMATE JUSTICE WORKING GROUP.
  1.  THERE  IS  HEREBY CREATED WITHIN THE DEPARTMENT, NO LATER THAN SIX
MONTHS AFTER THE EFFECTIVE DATE OF  THIS  ARTICLE,  A  "CLIMATE  JUSTICE
WORKING  GROUP". SUCH WORKING GROUP WILL BE COMPRISED OF REPRESENTATIVES
FROM: ENVIRONMENTAL JUSTICE COMMUNITIES, THE DEPARTMENT, THE  DEPARTMENT

A. 8270--A                         11

OF HEALTH, THE NEW YORK STATE ENERGY AND RESEARCH DEVELOPMENT AUTHORITY,
AND THE DEPARTMENT OF LABOR.
  A. ENVIRONMENTAL JUSTICE COMMUNITY REPRESENTATIVES SHALL BE MEMBERS OF
COMMUNITIES  OF  COLOR,  LOW-INCOME COMMUNITIES, AND COMMUNITIES BEARING
DISPROPORTIONATE POLLUTION AND  CLIMATE  CHANGE  BURDENS,  OR  SHALL  BE
REPRESENTATIVES  OF  COMMUNITY-BASED ORGANIZATIONS WITH EXPERIENCE AND A
HISTORY OF ADVOCACY ON ENVIRONMENTAL JUSTICE ISSUES, AND  SHALL  INCLUDE
AT  LEAST  THREE  REPRESENTATIVES  FROM NEW YORK CITY COMMUNITIES, THREE
REPRESENTATIVES FROM RURAL COMMUNITIES, AND THREE  REPRESENTATIVES  FROM
UPSTATE URBAN COMMUNITIES.
  B. THE WORKING GROUP, IN CONSULTATION WITH THE DEPARTMENT, THE DEPART-
MENTS OF HEALTH AND LABOR, THE NEW YORK STATE ENERGY AND RESEARCH DEVEL-
OPMENT  AUTHORITY,  AND  THE  ENVIRONMENTAL JUSTICE ADVISORY GROUP, WILL
ESTABLISH  CRITERIA  TO  IDENTIFY  DISADVANTAGED  COMMUNITIES  FOR   THE
PURPOSES   OF   CO-POLLUTANT   REDUCTIONS,   GREENHOUSE   GAS  EMISSIONS
REDUCTIONS, REGULATORY IMPACT STATEMENTS, AND THE ALLOCATION OF  INVEST-
MENTS RELATED TO THIS ARTICLE.
  C.  DISADVANTAGED COMMUNITIES SHALL BE IDENTIFIED BASED ON GEOGRAPHIC,
PUBLIC HEALTH, ENVIRONMENTAL HAZARD, AND SOCIOECONOMIC  CRITERIA,  WHICH
SHALL INCLUDE BUT ARE NOT LIMITED TO:
  (1)  AREAS  BURDENED  BY  CUMULATIVE ENVIRONMENTAL POLLUTION AND OTHER
HAZARDS THAT CAN LEAD TO NEGATIVE PUBLIC HEALTH EFFECTS;
  (2) AREAS WITH CONCENTRATIONS OF PEOPLE THAT ARE OF LOW  INCOME,  HIGH
UNEMPLOYMENT, HIGH RENT BURDEN, LOW LEVELS OF HOME OWNERSHIP, LOW LEVELS
OF  EDUCATIONAL  ATTAINMENT, OR MEMBERS OF GROUPS THAT HAVE HISTORICALLY
EXPERIENCED DISCRIMINATION ON THE BASIS OF RACE OR ETHNICITY; AND
  (3) AREAS VULNERABLE TO THE IMPACTS OF CLIMATE CHANGE SUCH  AS  FLOOD-
ING, STORM SURGES, AND URBAN HEAT ISLAND EFFECTS.
  2. BEFORE FINALIZING THE CRITERIA FOR IDENTIFYING DISADVANTAGED COMMU-
NITIES AND IDENTIFYING DISADVANTAGED COMMUNITIES PURSUANT TO SUBDIVISION
ONE  OF  THIS SECTION, THE DEPARTMENT SHALL PUBLISH DRAFT CRITERIA AND A
DRAFT LIST OF DISADVANTAGED COMMUNITIES AND MAKE SUCH INFORMATION AVAIL-
ABLE ON ITS WEBSITE.
  A. THE DEPARTMENT SHALL HOLD AT LEAST SIX REGIONAL PUBLIC HEARINGS  ON
THE  DRAFT  CRITERIA  AND  THE  DRAFT LIST OF DISADVANTAGED COMMUNITIES,
INCLUDING THREE MEETINGS IN THE UPSTATE REGION AND THREE MEETINGS IN THE
DOWNSTATE REGION, AND SHALL ALLOW AT LEAST ONE HUNDRED TWENTY  DAYS  FOR
THE SUBMISSION OF PUBLIC COMMENT.
  B. THE DEPARTMENT SHALL ALSO ENSURE THAT THERE ARE MEANINGFUL OPPORTU-
NITIES  FOR  PUBLIC  COMMENT FOR ALL PERSONS WHO WILL BE IMPACTED BY THE
CRITERIA, INCLUDING PERSONS LIVING IN AREAS THAT MAY  BE  IDENTIFIED  AS
DISADVANTAGED COMMUNITIES UNDER THE PROPOSED CRITERIA.
  3.  THE  GROUP  WILL MEET NO LESS THAN ANNUALLY TO REVIEW THE CRITERIA
AND METHODS USED TO IDENTIFY DISADVANTAGED COMMUNITIES  AND  MAY  MODIFY
SUCH  METHODS  TO  INCORPORATE  NEW  DATA  AND  SCIENTIFIC FINDINGS. THE
CLIMATE JUSTICE WORKING GROUP SHALL REVIEW IDENTITIES  OF  DISADVANTAGED
COMMUNITIES AND MODIFY SUCH IDENTITIES AS NEEDED.
§ 75-0115. IMPLEMENTATION REPORTING.
  1.  THE  DEPARTMENT  SHALL,  NOT LESS THAN EVERY FOUR YEARS, PUBLISH A
REPORT WHICH SHALL INCLUDE RECOMMENDATIONS REGARDING THE  IMPLEMENTATION
OF GREENHOUSE GAS REDUCTION MEASURES.
  2. THE REPORT SHALL, AT MINIMUM, INCLUDE:
  A.  WHETHER THE STATE IS ON TRACK TO MEET THE STATEWIDE GREENHOUSE GAS
EMISSIONS LIMITS ESTABLISHED IN SECTION 75-0107 OF THIS ARTICLE.

A. 8270--A                         12

  B. AN ASSESSMENT OF EXISTING REGULATIONS AND WHETHER MODIFICATIONS ARE
NEEDED TO ENSURE FULFILLMENT OF THE STATEWIDE GREENHOUSE  GAS  EMISSIONS
LIMITS.
  C.  AN OVERVIEW OF SOCIAL BENEFITS FROM THE REGULATIONS OR OTHER MEAS-
URES, INCLUDING REDUCTIONS IN GREENHOUSE GAS EMISSIONS AND COPOLLUTANTS,
DIVERSIFICATION OF ENERGY SOURCES, AND OTHER BENEFITS  TO  THE  ECONOMY,
ENVIRONMENT, AND PUBLIC HEALTH, INCLUDING WOMEN'S HEALTH.
  D.  AN OVERVIEW OF COMPLIANCE COSTS FOR REGULATED ENTITIES AND FOR THE
DEPARTMENT AND OTHER STATE AGENCIES.
  E. WHETHER REGULATIONS OR  OTHER  GREENHOUSE  GAS  REDUCTION  MEASURES
UNDERTAKEN ARE EQUITABLE, MINIMIZE COSTS AND MAXIMIZE THE TOTAL BENEFITS
TO THE STATE, AND ENCOURAGE EARLY ACTION.
  F.  WHETHER  ACTIVITIES  UNDERTAKEN  TO  COMPLY WITH STATE REGULATIONS
DISPROPORTIONATELY BURDEN DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSU-
ANT TO SECTION 75-0113 OF THIS ARTICLE.
  G. AN ASSESSMENT OF LOCAL BENEFITS AND IMPACTS OF  ANY  REDUCTIONS  IN
CO-POLLUTANTS  RELATED  TO  REDUCTIONS IN STATEWIDE AND LOCAL GREENHOUSE
GAS EMISSIONS.
  H. AN ASSESSMENT OF DISADVANTAGED COMMUNITIES' ACCESS TO OR  COMMUNITY
OWNERSHIP OF THE SERVICES AND COMMODITIES IDENTIFIED IN SECTION EIGHT OF
THE CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN WHICH ADDED THIS ARTI-
CLE.
  I. WHETHER ENTITIES THAT HAVE VOLUNTARILY REDUCED THEIR GREENHOUSE GAS
EMISSIONS  PRIOR TO THE IMPLEMENTATION OF THIS ARTICLE RECEIVE APPROPRI-
ATE CREDIT FOR EARLY VOLUNTARY REDUCTIONS.
  J. RECOMMENDATIONS FOR FUTURE REGULATORY AND POLICY ACTION.
  3. IN PREPARING THIS REPORT,  THE  DEPARTMENT  SHALL,  AT  A  MINIMUM,
CONSULT  WITH  THE COUNCIL, AND THE CLIMATE JUSTICE WORKING GROUP ESTAB-
LISHED IN SECTION 75-0113 OF THIS ARTICLE.
  4. THE REPORT SHALL  BE  PUBLISHED  AND  POSTED  ON  THE  DEPARTMENT'S
WEBSITE.
  §  3.  Subdivision 1 of section 54-1523 of the environmental conserva-
tion law is amended by adding a new paragraph h to read as follows:
  H. TO  ESTABLISH  AND  IMPLEMENT  EASILY-REPLICATED  RENEWABLE  ENERGY
PROJECTS, INCLUDING SOLAR ARRAYS, HEAT PUMPS AND WIND TURBINES IN PUBLIC
LOW-INCOME HOUSING IN SUBURBAN, URBAN AND RURAL AREAS.
  § 4. The public service law is amended by adding a new section 66-o to
read as follows:
  §  66-O.  ESTABLISHMENT  OF A RENEWABLE ENERGY PROGRAM.  1. AS USED IN
THIS SECTION:
  (A) "LOAD SERVING ENTITY" MEANS ANY  ENTITY  THAT  SECURES  ENERGY  TO
SERVE  THE  ELECTRICAL  ENERGY  REQUIREMENTS OF END-USE CUSTOMERS IN NEW
YORK STATE;
  (B) "PREVAILING RATE OF WAGES" SHALL HAVE THE  SAME  MEANING  AS  SUCH
TERM  IS  DEFINED  IN  PARAGRAPH  A  OF  SUBDIVISION FIVE OF SECTION TWO
HUNDRED TWENTY OF THE LABOR LAW; AND
  (C) "RENEWABLE ENERGY SYSTEMS" MEANS SYSTEMS THAT GENERATE ELECTRICITY
OR THERMAL ENERGY THROUGH USE OF THE FOLLOWING TECHNOLOGIES: SOLAR THER-
MAL, PHOTOVOLTAICS, WIND, HYDROELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL
GROUND SOURCE HEAT, TIDAL ENERGY, WAVE ENERGY, OCEAN  THERMAL,  OFFSHORE
WIND  AND  FUEL CELLS WHICH DO NOT UTILIZE A FOSSIL FUEL RESOURCE IN THE
PROCESS OF GENERATING ELECTRICITY.
  2. NO LATER THAN JANUARY FIRST, TWO THOUSAND EIGHTEEN, THE  COMMISSION
SHALL  ESTABLISH A PROGRAM TO REQUIRE THAT A MINIMUM OF FIFTY PERCENT OF
THE STATEWIDE ELECTRIC GENERATION SECURED BY LOAD  SERVING  ENTITIES  TO
MEET  THE ELECTRICAL ENERGY REQUIREMENTS OF ALL END-USE CUSTOMERS IN NEW

A. 8270--A                         13

YORK STATE IN TWO THOUSAND THIRTY SHALL BE GENERATED BY RENEWABLE ENERGY
SYSTEMS.
  THE COMMISSION SHALL SET ANNUAL MINIMUM PERCENTAGE LEVELS OF ELECTRIC-
ITY  GENERATED  BY  RENEWABLE  ENERGY  SYSTEMS  AND DELIVERED TO END-USE
CUSTOMERS IN NEW YORK STATE FOR EACH YEAR OF THE PROGRAM.
  3. NO LATER THAN JULY FIRST, TWO THOUSAND NINETEEN AND EVERY TWO YEARS
THEREAFTER, THE COMMISSION SHALL, AFTER NOTICE  AND  PROVISION  FOR  THE
OPPORTUNITY  TO  COMMENT,  ISSUE  A  COMPREHENSIVE REVIEW OF THE PROGRAM
ESTABLISHED PURSUANT TO THIS SECTION. THE  COMMISSION  SHALL  DETERMINE,
AMONG OTHER MATTERS:  (A) PROGRESS IN MEETING THE OVERALL ANNUAL TARGETS
FOR  DEPLOYMENT OF RENEWABLE ENERGY SYSTEMS; (B) DISTRIBUTION OF SYSTEMS
BY SIZE AND LOAD ZONE; AND (C) ANNUAL FUNDING COMMITMENTS  AND  EXPENDI-
TURES.  THE  COMMISSION  SHALL  EVALUATE  THE ANNUAL TARGETS ESTABLISHED
PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND  DETERMINE  WHETHER  THE
ANNUAL TARGETS SHOULD BE ACCELERATED, INCREASED OR EXTENDED, TAKING INTO
CONSIDERATION  LOAD  MODIFICATIONS  ASSOCIATED WITH, BUT NOT LIMITED TO,
ENERGY EFFICIENCY MEASURES AND THE  ELECTRIFICATION  OF  TRANSPORTATION,
HEATING SYSTEMS AND INDUSTRIAL PROCESSES.
  4.  THE  COMMISSION  MAY TEMPORARILY SUSPEND OR MODIFY THE OBLIGATIONS
UNDER SUCH PROGRAM PROVIDED THAT  THE  COMMISSION,  AFTER  CONDUCTING  A
HEARING  AS  PROVIDED IN SECTION TWENTY OF THIS CHAPTER, MAKES A FINDING
THAT THE PROGRAM IMPEDES THE PROVISION OF  SAFE  AND  ADEQUATE  ELECTRIC
SERVICE  OR  THAT  THERE IS A SIGNIFICANT INCREASE IN ARREARS OR SERVICE
DISCONNECTIONS THAT THE COMMISSION DETERMINES IS RELATED TO THE PROGRAM.
  5. EVERY CONTRACTOR EMPLOYED PURSUANT TO THIS SECTION,  NOT  OTHERWISE
REQUIRED  TO  PAY  LABORERS, WORKERS OR MECHANICS THE PREVAILING RATE OF
WAGES PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW,  SHALL  PAY  EMPLOYEES
UNDER  CONTRACT FOR THE DEVELOPMENT OF RENEWABLE ENERGY SYSTEMS RATED AT
TWO HUNDRED FIFTY KILOWATTS OR  MORE,  A  WAGE  OF  NOT  LESS  THAN  THE
PREVAILING  RATE  OF  WAGES  FOR  SUCH  WORK  IN THE LOCALITY WHERE SUCH
INSTALLATION OCCURS. THIS REQUIREMENT SHALL BE IN EFFECT FOR  THE  DURA-
TION  OF  THE  RECEIPT  BY  THE CONTRACTOR OF THE INCENTIVES ESTABLISHED
PURSUANT TO THIS SECTION AND IN NO EVENT SHALL SUCH  REQUIREMENT  EXTEND
BEYOND  THE AVAILABILITY OF SUCH INCENTIVES. EVERY CONTRACTOR SUBJECT TO
THE PROVISIONS OF THIS SUBDIVISION SHALL  MAINTAIN  PAYROLL  RECORDS  IN
ACCORDANCE WITH SECTION TWO HUNDRED TWENTY OF THE LABOR LAW.
  § 5. Section 1005 of the public authorities law is amended by adding a
new subdivision 26 to read as follows:
  26.  RENEWABLE ENERGY PROGRAM. AS DEEMED FEASIBLE AND ADVISABLE BY THE
TRUSTEES,  NO  LATER  THAN  JANUARY  FIRST,  TWO  THOUSAND EIGHTEEN, THE
AUTHORITY SHALL SECURE ENERGY TO SERVE THE  ELECTRICAL  ENERGY  REQUIRE-
MENTS  OF  ITS END-USE CUSTOMERS IN ACCORDANCE WITH THE RENEWABLE ENERGY
PROGRAM AS SET FORTH AND DEFINED IN SECTION SIXTY-SIX-O  OF  THE  PUBLIC
SERVICE LAW.
  §  6.  Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
law, as renumbered by chapter 388 of the laws of  2011,  are  renumbered
sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
to read as follows:
  § 1020-II.  RENEWABLE ENERGY PROGRAM. THE AUTHORITY AND ALL LOAD SERV-
ING  ENTITIES THAT SECURE ENERGY TO SERVE THE ELECTRICAL ENERGY REQUIRE-
MENTS OF END-USE CUSTOMERS IN ITS SERVICE TERRITORY  SHALL  COMPLY  WITH
THE  RENEWABLE ENERGY PROGRAM AS SET FORTH AND DEFINED IN SECTION SIXTY-
SIX-O OF THE PUBLIC SERVICE LAW.
  § 6-a. Subdivision 1 of section 1020-s of the public authorities  law,
as amended by section 9 of part A of chapter 173 of the laws of 2013, is
amended to read as follows:

A. 8270--A                         14

  1.  The  rates,  services  and  practices  relating to the electricity
generated by facilities owned or operated by the authority shall not  be
subject to the provisions of the public service law or to regulation by,
or  the  jurisdiction  of,  the public service commission, except to the
extent (a) article seven of the public service law applies to the siting
and operation of a major utility transmission facility as defined there-
in,  (b)  article  ten of such law applies to the siting of a generating
facility as defined therein, (c) section eighteen-a of such law provides
for assessment for certain costs, property or operations, [and]  (d)  to
the  extent  that  the  department  of  public service reviews and makes
recommendations with respect to the operations and provision of services
of, and rates and budgets established  by,  the  authority  pursuant  to
section  three-b  of  such  law  AND (E) THAT SECTION SIXTY-SIX-O OF THE
PUBLIC SERVICE LAW APPLIES TO THE AUTHORITY AND  LOAD  SERVING  ENTITIES
THAT  SECURE  ENERGY TO SERVE THE ELECTRICAL ENERGY REQUIREMENTS OF END-
USE CUSTOMERS WITHIN THE AUTHORITY'S JURISDICTION.
  § 7. The labor law is amended by adding a new article 8-B to  read  as
follows:
                               ARTICLE 8-B
              LABOR AND JOB STANDARDS AND WORKER PROTECTION
SECTION 228. LABOR AND JOB STANDARDS AND WORKER PROTECTION.
  §  228.  LABOR  AND  JOB STANDARDS AND WORKER PROTECTION. 1. ALL STATE
AGENCIES INVOLVED IN IMPLEMENTING THE NEW YORK STATE CLIMATE AND  COMMU-
NITY  PROTECTION  ACT  SHALL ASSESS AND IMPLEMENT STRATEGIES TO INCREASE
EMPLOYMENT OPPORTUNITIES AND IMPROVE JOB  QUALITY.  WITHIN  ONE  HUNDRED
TWENTY  DAYS  OF THE EFFECTIVE DATE OF THIS SECTION, ALL STATE AGENCIES,
OFFICES, AUTHORITIES, AND DIVISIONS SHALL REPORT TO THE LEGISLATURE ON:
  A. STEPS THEY WILL TAKE TO ENSURE COMPLIANCE WITH THIS SECTION; AND
  B. REGULATIONS NECESSARY TO ENSURE THAT THEY PRIORITIZE THE  STATEWIDE
GOAL OF CREATING GOOD JOBS AND INCREASING EMPLOYMENT OPPORTUNITIES.
  2.   IN   CONSIDERING  AND  ISSUING  PERMITS,  LICENSES,  REGULATIONS,
CONTRACTS, AND OTHER ADMINISTRATIVE APPROVALS AND DECISIONS PURSUANT  TO
THE NEW YORK STATE CLIMATE AND COMMUNITY PROTECTION ACT, ALL STATE AGEN-
CIES,  OFFICES,  AUTHORITIES,  AND  DIVISIONS  SHALL APPLY THE FOLLOWING
LABOR, TRAINING, AND JOB QUALITY  STANDARDS  TO  THE  FOLLOWING  PROJECT
TYPES:  PUBLIC  WORK; PROJECTS IN RECEIPT OF MORE THAN ONE HUNDRED THOU-
SAND DOLLARS IN TOTAL FINANCIAL ASSISTANCE; OR TO PROJECTS WITH A  TOTAL
VALUE  OF MORE THAN TEN MILLION DOLLARS; AND PRIVATELY-FINANCED PROJECTS
ON PUBLIC PROPERTY.
  A. THE PAYMENT OF NO LESS THAN PREVAILING WAGES FOR ALL  EMPLOYEES  IN
CONSTRUCTION  AND  BUILDING,  CONSISTENT  WITH ARTICLE EIGHT OF THE THIS
CHAPTER, AND BUILDING SERVICES, CONSISTENT WITH  ARTICLE  NINE  OF  THIS
CHAPTER;
  B.  THE INCLUSION OF CONTRACT LANGUAGE REQUIRING CONTRACTORS TO ESTAB-
LISH LABOR HARMONY POLICIES; DISPUTE RESOLUTION  MECHANISMS;  PREVAILING
WAGE   COMPLIANCE;   SAFETY  POLICIES;  WORKERS  COMPENSATION  INSURANCE
(INCLUDING REVIEW OF CONTRACTOR EXPERIENCE RATING  AND  OTHER  FACTORS);
AND  APPRENTICESHIP PROGRAM APPROPRIATE FOR CRAFTS EMPLOYED. PROCUREMENT
RULES SHOULD ENCOURAGE BUNDLING  OF  SMALL  CONTRACTS  AND  PROJECTS  TO
IMPROVE THE EFFICIENCY OF COMPLIANCE;
  C. APPRENTICESHIP UTILIZATION:
  I.  THAT  ALL  CONTRACTORS  AND  SUBCONTRACTORS,  INCLUDING THOSE THAT
PARTICIPATE IN POWER PURCHASE AGREEMENTS, ENERGY PERFORMANCE  CONTRACTS,
OR OTHER SIMILAR PROGRAMS, PARTICIPATE IN APPRENTICESHIP PROGRAMS IN THE
TRADES IN WHICH THEY ARE PERFORMING WORK;

A. 8270--A                         15

  II.  MAXIMUM  USE  OF  APPRENTICES AS PER DEPARTMENT OF LABOR APPROVED
RATIOS;
  III. ENCOURAGEMENT OF AFFILIATED PRE-APPRENTICE DIRECT ENTRY PROGRAMS,
INCLUDING  BUT  NOT  LIMITED  TO EJM CONSTRUCTION SKILLS; NYC HELMETS TO
HARDHATS, AND NONTRADITIONAL EMPLOYMENT FOR WOMEN (NEW) FOR THE RECRUIT-
MENT OF LOCAL AND/OR DISADVANTAGED WORKERS;
  IV. EXISTING WORKFORCE DEVELOPMENT PROGRAMS, INCLUDING  THOSE  AT  THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHOULD BE MADE
TO CONFORM TO THESE STANDARDS.
  3.  THE  COMMISSIONER,  THE FISCAL OFFICER AND OTHER RELEVANT AGENCIES
SHALL PROMULGATE SUCH REGULATIONS AS  ARE  NECESSARY  TO  IMPLEMENT  AND
ADMINISTER  COMPLIANCE  WITH THE PROVISIONS OF THIS SECTION. THE DEPART-
MENT AND THE FISCAL OFFICER SHALL COORDINATE WITH  ORGANIZED  LABOR  AND
LOCAL  AND  COUNTY  LEVEL  GOVERNMENTS  TO  IMPLEMENT  A SYSTEM TO TRACK
COMPLIANCE, ACCEPT REPORTS OF NON-COMPLIANCE FOR ENFORCEMENT ACTION, AND
REPORT ANNUALLY ON THE ADOPTION OF THESE STANDARDS  TO  THE  LEGISLATURE
STARTING ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION.
  A.  FOR  THE PURPOSES OF THIS SECTION, "FISCAL OFFICER" SHALL MEAN THE
INDUSTRIAL COMMISSIONER, EXCEPT FOR CONSTRUCTION  AND  BUILDING  SERVICE
WORK PERFORMED BY OR ON BEHALF OF A CITY, IN WHICH CASE "FISCAL OFFICER"
SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER OF SUCH CITY.
  B.  THE  PROVISIONS  OF  THE  CONTRACT  BY  THE RECIPIENT OF FINANCIAL
ASSISTANCE PERTAINING  TO  PREVAILING  WAGES  ARE  TO  BE  CONSIDERED  A
CONTRACT  FOR  THE BENEFIT OF CONSTRUCTION AND BUILDING SERVICE WORKERS,
UPON WHICH SUCH WORKERS SHALL HAVE THE RIGHT TO MAINTAIN ACTION FOR  THE
DIFFERENCE  BETWEEN  THE PREVAILING WAGE RATE OF PAY, BENEFITS, AND PAID
LEAVE AND THE RATES OF PAY, BENEFITS, AND PAID LEAVE  ACTUALLY  RECEIVED
BY THEM, AND INCLUDING ATTORNEY'S FEES.
  C.  I.  WHERE  A  RECIPIENT OF FINANCIAL ASSISTANCE CONTRACTS BUILDING
SERVICE WORK TO A BUILDING SERVICE CONTRACTOR, THE CONTRACTOR IS HELD TO
THE SAME OBLIGATIONS WITH RESPECT TO PREVAILING WAGES AS THE  RECIPIENT.
THE RECIPIENT MUST INCLUDE TERMS ESTABLISHING THIS OBLIGATION WITHIN ANY
CONTRACT SIGNED WITH A CONTRACTOR.
  II.   WHERE   A   RECIPIENT  OF  FINANCIAL  ASSISTANCE  CONTRACTS  FOR
CONSTRUCTION,  EXCAVATION,  DEMOLITION,  REHABILITATION,  REPAIR,  RENO-
VATION,  ALTERATION OR IMPROVEMENT TO A SUBCONTRACTOR, THE SUBCONTRACTOR
IS HELD TO THE SAME OBLIGATIONS WITH RESPECT TO PREVAILING WAGES AS  THE
RECIPIENT. THE RECIPIENT MUST INCLUDE TERMS ESTABLISHING THIS OBLIGATION
WITHIN ANY CONTRACT SIGNED WITH A SUBCONTRACTOR.
  4.  FOR  THE PURPOSES OF THIS SECTION "FINANCIAL ASSISTANCE" MEANS ANY
PROVISION OF PUBLIC FUNDS TO  ANY  PERSON,  INDIVIDUAL,  PROPRIETORSHIP,
PARTNERSHIP,  JOINT  VENTURE,  CORPORATION,  LIMITED  LIABILITY COMPANY,
TRUST, ASSOCIATION, ORGANIZATION, OR OTHER ENTITY THAT  RECEIVES  FINAN-
CIAL  ASSISTANCE, OR ANY ASSIGNEE OR SUCCESSOR IN INTEREST OF REAL PROP-
ERTY IMPROVED OR  DEVELOPED  WITH  FINANCIAL  ASSISTANCE,  FOR  ECONOMIC
DEVELOPMENT WITHIN THE STATE, INCLUDING BUT NOT LIMITED TO CASH PAYMENTS
OR  GRANTS,  BOND FINANCING, TAX ABATEMENTS OR EXEMPTIONS, INCLUDING BUT
NOT LIMITED TO ABATEMENTS OR EXEMPTIONS  FROM  REAL  PROPERTY,  MORTGAGE
RECORDING,  SALES, AND USE TAXES, OR THE DIFFERENCE BETWEEN ANY PAYMENTS
IN LIEU OF TAXES AND THE AMOUNT OF REAL PROPERTY  OR  OTHER  TAXES  THAT
WOULD  HAVE  BEEN DUE IF THE PROPERTY WERE NOT EXEMPTED FROM SUCH TAXES,
TAX INCREMENT FINANCING, FILING FEE  WAIVERS,  ENERGY  COST  REDUCTIONS,
ENVIRONMENTAL  REMEDIATION  COSTS,  WRITE-DOWNS  IN  THE MARKET VALUE OF
BUILDINGS OR LAND, OR THE COST OF CAPITAL IMPROVEMENTS RELATED  TO  REAL
PROPERTY  FOR  WHICH  THE  STATE  WOULD  NOT  PAY ABSENT THE DEVELOPMENT
PROJECT, AND INCLUDES BOTH DISCRETIONARY AND AS OF RIGHT ASSISTANCE. THE

A. 8270--A                         16

PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO PROJECTS  RECEIVING  MORE
THAN  ONE  HUNDRED THOUSAND DOLLARS IN TOTAL FINANCIAL ASSISTANCE, OR TO
PROJECTS WITH A TOTAL PROJECT VALUE OF MORE THAN TEN MILLION DOLLARS.
  5. THE COMMISSIONER SHALL EVALUATE WHETHER THERE ARE ADDITIONAL STAND-
ARDS  THAT COULD BE APPLIED TO INCREASE WAGE AND BENEFIT STANDARDS OR TO
ENCOURAGE A SAFE, WELL-TRAINED, AND ADEQUATELY COMPENSATED WORKFORCE.
  6. NOTHING SET FORTH IN THIS SECTION SHALL  BE  CONSTRUED  TO  IMPEDE,
INFRINGE,  OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO EMPLOYEES
THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE  DIMIN-
ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  7. NOTHING SET FORTH IN THIS SECTION SHALL PRECLUDE A LOCAL GOVERNMENT
FROM SETTING ADDITIONAL STANDARDS THAT EXPAND ON THESE STATE-WIDE STAND-
ARDS.
  § 8. Report on barriers to, and opportunities for, community ownership
of  services  and  commodities  in  disadvantaged  communities. 1. On or
before two years of the effective date of this act,  the  department  of
environmental conservation, with input from relevant state agencies, the
environmental  justice  advisory  group as defined in section 75-0101 of
the environmental conservation law, the climate justice working group as
defined in section 75-0113 of the  environmental  conservation  law  and
Climate  Action  Council  established in article 75 of the environmental
conservation law, and following at  least  two  public  hearings,  shall
prepare  a  report  on  barriers to, and opportunities for, access to or
community ownership of the following services and commodities in  disad-
vantaged  communities  as  identified in article 75 of the environmental
conservation law:
  a. Distributed renewable energy generation.
  b. Energy efficiency and weatherization investments.
  c. Zero-emission and low-emission transportation options.
  d. Adaptation measures to improve the resilience of  homes  and  local
infrastructure to the impacts of climate change including but not limit-
ed to microgrids.
  e. Other services and infrastructure that can reduce the risks associ-
ated with climate-related hazards, including but not limited to:
  i. Shelters and cool rooms during extreme heat events;
  ii. Shelters during flooding events; and
  iii.  Medical  treatment for asthma and other conditions that could be
exacerbated by climate-related events.
  2. The report, which shall be submitted to the governor,  the  speaker
of  the assembly and the temporary president of the senate and posted on
the department of  environmental  conservation  website,  shall  include
recommendations  on  how  to increase access to the services and commod-
ities.
  3. The department of environmental conservation shall amend the  scop-
ing plan for statewide greenhouse gas emissions reductions in accordance
with the recommendations included in the report.
  §  9.  Climate change actions 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, including but not limited to the execution
of  grants,  loans, and contracts, all state agencies, offices, authori-
ties, and divisions shall consider whether such decisions are inconsist-
ent with or will interfere with the attainment of the  statewide  green-
house   gas   emissions   limits   established  in  article  75  of  the
environmental conservation law. Where such decisions are  deemed  to  be

A. 8270--A                         17

inconsistent with or will interfere with the attainment of the statewide
greenhouse  gas  emissions  limits,  each  agency, office, authority, or
division shall provide a detailed statement of justification as  to  why
such limits/criteria may not be met, and identify alternatives or green-
house  gas  mitigation  measures  to  be  required where such project is
located.
  3. In considering and issuing permits, licenses, and other administra-
tive approvals and decisions, including but not limited to the execution
of grants, loans, and contracts, pursuant to article 75 of the  environ-
mental  conservation  law, all state agencies, offices, authorities, and
divisions shall not disproportionately burden disadvantaged  communities
as  identified pursuant to subdivision 5 of section 75-0101 of the envi-
ronmental conservation law. All state  agencies,  offices,  authorities,
and  divisions  shall also prioritize reductions of greenhouse gas emis-
sions and  co-pollutants  in  disadvantaged  communities  as  identified
pursuant  to  such subdivision 5 of section 75-0101 of the environmental
conservation law.
  § 10. Authorization for other state agencies to promulgate  greenhouse
gas  emissions  regulations.  1.  The public service commission, the New
York state energy research and development authority, 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 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  regulations  to  contribute  to
achieving  the  statewide greenhouse gas emissions limits established in
article 75 of the environmental conservation law. Provided, however, any
such regulations shall not limit the department of environmental conser-
vation's authority to regulate  and  control  greenhouse  gas  emissions
pursuant to article 75 of the environmental conservation law.
  §  11.  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 ADAPTATION AND RESILIENCE, INCLUDING:
  (A)  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.
  (B)  IDENTIFYING  THE  MOST  SIGNIFICANT CLIMATE-RELATED RISKS, TAKING
INTO ACCOUNT THE PROBABILITY OF OCCURRENCE, THE MAGNITUDE OF THE  POTEN-
TIAL HARM, AND THE UNCERTAINTY OF THE RISK.
  (C) MEASURES THAT COULD MITIGATE SIGNIFICANT CLIMATE-RELATED RISKS, AS
WELL AS A COST-BENEFIT ANALYSIS AND IMPLEMENTATION OF SUCH MEASURES.
  § 17-B. MAJOR PERMITS FOR THE REGULATORY PROGRAMS OF SUBDIVISION THREE
OF  SECTION  70-0107 OF THE ENVIRONMENTAL CONSERVATION LAW SHALL REQUIRE
APPLICANTS TO DEMONSTRATE THAT FUTURE PHYSICAL  CLIMATE  RISK  HAS  BEEN
CONSIDERED. IN REVIEWING SUCH INFORMATION THE DEPARTMENT MAY REQUIRE THE
APPLICANT  TO MITIGATE SIGNIFICANT RISKS TO PUBLIC INFRASTRUCTURE AND/OR
SERVICES, PRIVATE PROPERTY NOT OWNED BY THE APPLICANT,  ADVERSE  IMPACTS
ON  DISADVANTAGED  COMMUNITIES, AND/OR NATURAL RESOURCES IN THE VICINITY
OF THE PROJECT.

A. 8270--A                         18

  § 12. Nothing in this act shall limit  the  existing  authority  of  a
state  entity  to adopt and implement greenhouse gas emissions reduction
measures.
  §  13. 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.
  §  14.  Review under this act may be had in a proceeding under article
78 of the civil practice law and rules at the  instance  of  any  person
aggrieved.
  §  15. 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 judgement 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 judgement shall
have been rendered.
  § 16. This act shall take effect on the same  date  and  in  the  same
manner  as  a  chapter  of  the laws of 2017, amending the environmental
conservation law, in relation to establishing a permanent  environmental
justice  advisory group and an environmental justice interagency coordi-
nating council, as proposed in  legislative  bills  numbers  A.2234  and
S.3110,  takes effect; provided further, the provisions of section seven
of this act shall take effect on the one hundred eightieth day after  it
shall  have  become  a  law  and  shall  apply to any grants, loans, and
contracts and financial assistance awarded or renewed on or  after  such
effective date.