The New York State Senate

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

                                  5518

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 3, 2019
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to plac-
  ing a moratorium on fossil fuel infrastructure

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

  Section 1. Article 23 of the environmental conservation law is amended
by adding a new title 29 to read as follows:
                                 TITLE 29
                MORATORIUM ON FOSSIL FUEL INFRASTRUCTURE
SECTION 23-2901. MORATORIUM ON FOSSIL FUEL INFRASTRUCTURE.
§ 23-2901. MORATORIUM ON FOSSIL FUEL INFRASTRUCTURE.
  1.  LEGISLATIVE  INTENT.  NEW YORK STATE FACES AN EXISTENTIAL CLIMATE,
ECOLOGICAL, ECONOMIC, AND SECURITY EMERGENCY WHICH THREATENS OUR MUNICI-
PALITIES, STATE, NATION, AND THE WORLD; A WORLD WAR  II-SCALE  MOBILIZA-
TION  IS  NEEDED  TO  ELIMINATE GREENHOUSE GAS EMISSIONS.   HUMAN-CAUSED
CLIMATE CHANGE AND AIR POLLUTION ARE DUE TO USING FOSSIL FUELS.  CLIMATE
CHANGE DISPROPORTIONATELY IMPACTS COMMUNITIES OF COLOR, CHILDREN, ELDER-
LY,  NATIVE  AMERICANS,  INDIGENOUS PEOPLES, THE ILL, THE POOR, FARMERS,
AND FUTURE GENERATIONS.  THE STATE SHALL PROMOTE A CONTROLLED  REDUCTION
OF  FOSSIL  FUEL UTILIZATION AND A TRANSITION TO CLEAN, RENEWABLE ENERGY
FOR THE  PURPOSE  OF  IMPROVING  SAFETY,  PUBLIC  HEALTH,  ENVIRONMENTAL
PROTECTION, ECONOMIC GROWTH, AND ENERGY RELIABILITY AS WELL AS PROVIDING
COST SAVINGS, CREATING JOBS, AND PREVENTING CLIMATE CATASTROPHE.
  2.  FOR  THE  PURPOSES OF THIS SECTION, "FOSSIL FUEL" SHALL MEAN COAL,
PETROLEUM PRODUCTS AND FUEL GASES.
  3. A MORATORIUM SHALL BE  ESTABLISHED  ON  ANY  AND  ALL  FOSSIL  FUEL
INFRASTRUCTURE  PROJECTS.  NO  NEW  PERMITS,  LICENSES,  OR  ANY FORM OF
PERMISSION SHALL BE GRANTED FOR ANY FOSSIL FUEL  INFRASTRUCTURE  PROJECT
NOR  SHALL ANY FUNDING, INVESTMENT, OR ANY OTHER FINANCIAL ASSISTANCE BE
GRANTED TO ANY FOSSIL FUEL INFRASTRUCTURE PROJECT AS LONG AS  THERE  ARE

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

                                                           LBD09246-07-9

S. 5518                             2

ECONOMICALLY  AND TECHNOLOGICALLY FEASIBLE ALTERNATIVES TO ENSURE ENERGY
RELIABILITY. THIS SECTION  SHALL  NOT  APPLY  TO  UPGRADES  IN  EXISTING
INFRASTRUCTURE  FOR  THE  PURPOSES  OF  IMPROVING SAFETY, PUBLIC HEALTH,
ENVIRONMENTAL PROTECTION, AND INCREASED ENERGY EFFICIENCY.  SUCH MORATO-
RIUM SHALL APPLY TO THE ENTIRETY OF THE STATE INCLUDING ALL DEPARTMENTS,
AGENCIES, OFFICES, MUNICIPALITIES, AND ANY OTHER GOVERNMENTAL BODY.
  4. THE MORATORIUM SHALL BE LIFTED UPON AN ACT OF THE LEGISLATURE.
  § 2. This act shall take effect immediately.

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

                                 5518--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 3, 2019
                               ___________

Introduced  by Sens. SANDERS, SALAZAR -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation  -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  declaring  a climate emergency and placing a moratorium on fossil fuel
  infrastructure

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

  Section  1.  The environmental conservation law is amended by adding a
new section 1-0103 to read as follows:
§ 1-0103. CLIMATE EMERGENCY DECLARATION AND POLICY.
  1. THE LEGISLATURE FINDS AND DECLARES THE FOLLOWING:
  (A) A CLIMATE EMERGENCY EXISTS THAT THREATENS THE STATE OF  NEW  YORK,
THE NATION, AND THE WORLD;
  (B)  IRREVOCABLE  DAMAGE  TO THE ENVIRONMENT HAS BEEN CAUSED BY GLOBAL
WARMING OF APPROXIMATELY ONE DEGREE CELSIUS DEMONSTRATING THAT THE EARTH
IS ALREADY TOO HOT FOR SAFETY AND JUSTICE, AS ATTESTED BY INCREASED  AND
INTENSIFYING  WILDFIRES,  FLOODS,  RISING  SEAS, DISEASES, DROUGHTS, AND
EXTREME WEATHER;
  (C) ON APRIL TWENTY-SECOND, TWO THOUSAND SIXTEEN, WORLD  LEADERS  FROM
ONE HUNDRED SEVENTY-FOUR COUNTRIES AND THE EUROPEAN UNION RECOGNIZED THE
THREAT OF CLIMATE CHANGE AND THE URGENT NEED TO COMBAT IT BY SIGNING THE
PARIS AGREEMENT, AGREEING TO KEEP WARMING WELL BELOW TWO DEGREES CELSIUS
ABOVE  PRE-INDUSTRIAL  LEVELS AND TO PURSUE EFFORTS TO LIMIT THE TEMPER-
ATURE INCREASE TO ONE AND ONE-HALF DEGREES FAHRENHEIT;
  (D) ON OCTOBER EIGHTH,  TWO  THOUSAND  EIGHTEEN,  THE  UNITED  NATIONS
INTERNATIONAL  PANEL  ON  CLIMATE  CHANGE  ("IPCC")  RELEASED  A SPECIAL
REPORT, WHICH PROJECTED THAT LIMITING WARMING TO THE  ONE  AND  ONE-HALF
DEGREES CELSIUS TARGET THIS CENTURY WILL REQUIRE AN UNPRECEDENTED TRANS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09246-10-9

S. 5518--A                          2

FORMATION  OF  EVERY  SECTOR  OF THE GLOBAL ECONOMY OVER THE NEXT TWELVE
YEARS;
  (E) ON NOVEMBER TWENTY-THIRD, TWO THOUSAND EIGHTEEN, THE UNITED STATES
FOURTH NATIONAL CLIMATE ASSESSMENT ("NCA4") WAS RELEASED AND DETAILS THE
MASSIVE  THREAT  THAT  CLIMATE CHANGE POSES TO THE AMERICAN ECONOMY, OUR
ENVIRONMENT AND CLIMATE STABILITY, AND UNDERSCORES THE NEED FOR  IMMEDI-
ATE CLIMATE EMERGENCY ACTION AT ALL LEVELS OF GOVERNMENT;
  (F)  ACCORDING  TO THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION'S
(NASA) GODDARD INSTITUTE FOR SPACE STUDIES (GISS),  GLOBAL  TEMPERATURES
IN TWO THOUSAND EIGHTEEN WERE EIGHTY-THREE ONE-HUNDREDTHS DEGREES CELSI-
US  (ONE  AND  ONE-HALF  DEGREES  FAHRENHEIT)  WARMER  THAN THE NINETEEN
HUNDRED FIFTY-ONE TO NINETEEN HUNDRED EIGHTY MEAN,  AND  THE  PAST  FIVE
YEARS ARE COLLECTIVELY THE WARMEST IN MODERN HISTORY;
  (G)  WORLD  WILDLIFE FUND'S 2018 LIVING PLANET REPORT FINDS THAT THERE
HAS BEEN A SIXTY PER  CENTUM  DECLINE  IN  GLOBAL  WILDLIFE  POPULATIONS
BETWEEN  NINETEEN HUNDRED SEVENTY AND TWO THOUSAND FOURTEEN, WITH CAUSES
INCLUDING OVERFISHING, POLLUTION AND CLIMATE CHANGE;
  (H) ACCORDING TO  THE  INTERGOVERNMENTAL  SCIENCE-POLICY  PLATFORM  ON
BIODIVERSITY AND ECOSYSTEM SERVICES, HUMAN ACTIVITY HAS ALREADY SEVERELY
ALTERED  FORTY PER CENTUM OF THE MARINE ENVIRONMENT, FIFTY PER CENTUM OF
INLAND WATERWAYS, AND SEVENTY-FIVE PER CENTUM OF THE PLANET'S LAND,  AND
IT  IS  PROJECTED  THAT FIVE HUNDRED THOUSAND TO ONE MILLION SPECIES ARE
THREATENED WITH EXTINCTION, MANY WITHIN THE NEXT FEW DECADES;
  (I) GLOBALLY, EIGHTEEN OF THE NINETEEN HOTTEST YEARS  ON  RECORD  HAVE
OCCURRED SINCE TWO THOUSAND ONE;
  (J) THE STATE OF NEW YORK IS PARTICULARLY VULNERABLE TO THE EFFECTS OF
CLIMATE  CHANGE  AND HAS ALREADY BEEN SUBJECTED TO DEVASTATING DISASTERS
CAUSED BY GLOBAL WARMING, INCLUDING INCREASING  SUPERSTORMS  AND  SEVERE
FLOODING;
  (K)  MARGINALIZED  POPULATIONS IN THE STATE OF NEW YORK AND WORLDWIDE,
INCLUDING PEOPLE OF COLOR, IMMIGRANTS, INDIGENOUS  COMMUNITIES,  LOW-IN-
COME INDIVIDUALS, PEOPLE WITH DISABILITIES, AND THE UNHOUSED ARE ALREADY
DISPROPORTIONATELY AFFECTED BY CLIMATE CHANGE, AND WILL CONTINUE TO BEAR
AN  EXCESS  BURDEN  AS TEMPERATURES INCREASE, OCEANS RISE, AND DISASTERS
WORSEN;
  (L) RESTORING A SAFE AND STABLE  CLIMATE  AND  REVERSING  BIODIVERSITY
LOSS  REQUIRES AN EMERGENCY MOBILIZATION ON A SCALE NOT SEEN SINCE WORLD
WAR II TO ATTAIN ZERO GREENHOUSE GAS EMISSIONS  ACROSS  ALL  SECTORS  AT
WARTIME  SPEED,  TO  RAPIDLY  AND  SAFELY DRAW DOWN OR REMOVE ALL EXCESS
CARBON FROM THE ATMOSPHERE, AND TO IMPLEMENT  MEASURES  TO  PROTECT  ALL
PEOPLE  AND  SPECIES  FROM THE CONSEQUENCES OF ABRUPT CLIMATE CHANGE AND
ECOLOGICAL DESTRUCTION;
  (M) BUILDING A SOCIETY THAT IS RESILIENT TO THE CURRENT, EXPECTED, AND
POTENTIAL EFFECTS OF CLIMATE CHANGE WILL PROTECT HEALTH, LIVES, ENVIRON-
MENTS, AND ECONOMIES.  RESILIENCE IS BEST ACHIEVED BY PREPARING FOR  THE
MOST DRAMATIC POTENTIAL CONSEQUENCES OF CLIMATE CHANGE; AND
  (N) JUSTICE DEMANDS CLIMATE POLICY THAT ADDRESSES THE SPECIFIC EXPERI-
ENCES,  VULNERABILITIES,  AND NEEDS OF THE MARGINALIZED COMMUNITIES MOST
AFFECTED BY THE EFFECTS OF CLIMATE CHANGE, AND INCLUDES  THOSE  COMMUNI-
TIES IN CLIMATE AND ECOLOGICAL RESILIENCE PLANNING, POLICY AND ACTIONS.
  2.  IT IS HEREBY DECLARED TO BE THE POLICY OF THE STATE OF NEW YORK TO
RESTORE AN OPTIMAL SAFE CLIMATE AND TO PROVIDE MAXIMUM  PROTECTION  FROM
CLIMATE  CHANGE  TO ALL PEOPLE AND SPECIES, GLOBALLY, INCLUDING THE MOST
VULNERABLE.
  3. IT IS THE INTENT OF THE LEGISLATURE THAT THE STATE DO  ALL  OF  THE
FOLLOWING IN FURTHERANCE OF SUCH POLICY:

S. 5518--A                          3

  (A) CONVERT THE ECONOMY TO NET ZERO GREENHOUSE GAS EMISSIONS AS QUICK-
LY AS POSSIBLE.
  (B)  IMMEDIATELY  INITIATE  A  MULTIGENERATIONAL  EFFORT  TO DRAW DOWN
GREENHOUSE GASES ALREADY IN THE ATMOSPHERE IN AS SHORT A TIME AS  POSSI-
BLE, AND DEVELOP RESEARCH IN SUPPORT OF THIS GOAL.
  (C) IMMEDIATELY INITIATE A MASSIVE EFFORT TO RESTORE ECOSYSTEMS.
  (D) RESPOND TO THE CLIMATE EMERGENCY BASED ON A JUST TRANSITION FRAME-
WORK  THAT  FOCUSES  ON  EQUITY, SELF-DETERMINATION, CULTURE, TRADITION,
DEMOCRACY, AND THE FUNDAMENTAL HUMAN RIGHT OF ALL PEOPLE TO CLEAN, HEAL-
THY, AND ADEQUATE AIR, WATER, LAND, FOOD, EDUCATION, AND SHELTER.
  (E) ENGAGE THE PUBLIC IN  CLIMATE-EMERGENCY-RELATED  DELIBERATIONS  SO
THAT  CITIZENS  CAN SEE THEIR INFLUENCE ON THE POLICY AND RESOURCE DECI-
SIONS THAT IMPACT THEIR DAILY LIVES AND THEIR FUTURE.
  (F) ENCOURAGE NONGOVERNMENT ACTORS TO CONTRIBUTE  TO  THE  DEVELOPMENT
AND IMPLEMENTATION OF SOLUTIONS.
  (G)  A  SWEEPING  OVERHAUL  OF  THE ECONOMY THAT CENTERS ON EQUITY AND
JUSTICE IN ITS SOLUTIONS IS VITAL TO OUR FUTURE  AND  MUST  INCLUDE  THE
FOLLOWING  GOALS:  DRAMATICALLY  EXPAND EXISTING RENEWABLE POWER SOURCES
AND DEPLOY NEW PRODUCTION CAPACITY WITH THE GOAL OF MEETING ONE  HUNDRED
PER  CENTUM  OF NATIONAL POWER DEMAND THROUGH RENEWABLE SOURCES; BUILD A
NATIONAL, ENERGY-EFFICIENT, "SMART" GRID; UPGRADE EVERY RESIDENTIAL  AND
INDUSTRIAL  BUILDING FOR STATE-OF-THE-ART ENERGY EFFICIENCY, COMFORT AND
SAFETY; ELIMINATE GREENHOUSE GAS EMISSIONS FROM MANUFACTURING,  AGRICUL-
TURAL  AND OTHER INDUSTRIES, INCLUDING BY INVESTING IN LOCAL-SCALE AGRI-
CULTURE IN COMMUNITIES ACROSS THE COUNTRY; REPAIR AND IMPROVE  TRANSPOR-
TATION  AND  OTHER  INFRASTRUCTURE,  AND UPGRADE WATER INFRASTRUCTURE TO
ENSURE UNIVERSAL ACCESS TO CLEAN WATER; FUND MASSIVE INVESTMENT  IN  THE
DRAWDOWN  OF  GREENHOUSE  GASES;  AND MAKE "GREEN" TECHNOLOGY, INDUSTRY,
EXPERTISE, PRODUCTS AND SERVICES A MAJOR EXPORT OF  THE  UNITED  STATES,
WITH THE AIM OF BECOMING THE INTERNATIONAL LEADER IN HELPING OTHER COUN-
TRIES  BECOME  GREENHOUSE  GAS  NEUTRAL  ECONOMIES  AND BRINGING ABOUT A
GLOBAL TRANSITION.
  (H) SUPPORT EFFORTS FOR AN EMERGENCY MOBILIZATION TO  RESTORE  A  SAFE
CLIMATE IN OTHER STATES AND AT THE FEDERAL AND GLOBAL LEVEL.
  §  2.  Article  23 of the environmental conservation law is amended by
adding a new title 29 to read as follows:
                                TITLE 29
                MORATORIUM ON FOSSIL FUEL INFRASTRUCTURE
SECTION 23-2901. MORATORIUM ON FOSSIL FUEL INFRASTRUCTURE.
§ 23-2901. MORATORIUM ON FOSSIL FUEL INFRASTRUCTURE.
  1. LEGISLATIVE INTENT. NEW YORK STATE FACES  AN  EXISTENTIAL  CLIMATE,
ECOLOGICAL, ECONOMIC, AND SECURITY EMERGENCY WHICH THREATENS OUR MUNICI-
PALITIES,  STATE,  NATION, AND THE WORLD; A WORLD WAR II-SCALE MOBILIZA-
TION IS NEEDED TO ELIMINATE  GREENHOUSE  GAS  EMISSIONS.    HUMAN-CAUSED
CLIMATE  CHANGE AND AIR POLLUTION ARE DUE TO USING FOSSIL FUELS. CLIMATE
CHANGE DISPROPORTIONATELY IMPACTS COMMUNITIES OF COLOR, CHILDREN, ELDER-
LY, NATIVE AMERICANS, INDIGENOUS PEOPLES, THE ILL,  THE  POOR,  FARMERS,
AND  FUTURE GENERATIONS.  THE STATE SHALL PROMOTE A CONTROLLED REDUCTION
OF FOSSIL FUEL UTILIZATION AND A TRANSITION TO CLEAN,  RENEWABLE  ENERGY
FOR  THE  PURPOSE  OF  IMPROVING  SAFETY,  PUBLIC  HEALTH, ENVIRONMENTAL
PROTECTION, ECONOMIC GROWTH, AND ENERGY RELIABILITY AS WELL AS PROVIDING
COST SAVINGS, CREATING JOBS, AND PREVENTING CLIMATE CATASTROPHE.
  2. FOR THE PURPOSES OF THIS SECTION, "FOSSIL FUEL"  SHALL  MEAN  COAL,
PETROLEUM PRODUCTS AND FUEL GASES.
  3.  FOR  THE  PURPOSES  OF  THIS SECTION, "FOSSIL FUEL INFRASTRUCTURE"
SHALL MEAN A STRUCTURE, SUCH AS A NATURAL GAS PLANT, COAL  POWER  PLANT,

S. 5518--A                          4

NATURAL  GAS  COMPRESSOR  STATION,  OR ANCILLARY FACILITIES USED TO MOVE
FOSSIL FUEL FROM ONE LOCATION TO ANOTHER, SUCH AS A NATURAL GAS  OR  OIL
PIPELINE.  THE  PHRASE  DOES  NOT INCLUDE: MOTOR VEHICLES; GAS STATIONS;
UNDERGROUND  TANKS  OR  PIPES  LOCATED  ON  THE  SITE OF A MOTOR VEHICLE
SERVICE STATION; RETAIL, MANUFACTURING OR OTHER FACILITIES NOT PRIMARILY
USED TO PRODUCE OR STORE FOSSIL FUELS; RETAIL PRODUCTS; OR PIPES LEADING
TO A RESIDENTIAL OR COMMERCIAL BUILDING FROM A FUEL TANK TO  WHICH  FUEL
IS DELIVERED BY MOTOR VEHICLE.  FURTHERMORE IT INCLUDES:
  A.  LARGE-SCALE  USES AND FACILITIES ENGAGED IN THE WHOLESALE DISTRIB-
UTION, EXTRACTION, REFINEMENT OR PROCESSING OF FOSSIL FUELS;
  B. TERMINALS ENGAGED IN THE BULK MOVEMENT OF FOSSIL  FUELS,  EXCLUDING
RAIL YARDS, FUEL STORAGE FOR AIRPORTS AND MARINE SERVICING FACILITIES;
  C.  BULK  STORAGE OF FOSSIL FUELS IN EXCESS OF TWO MILLION GALLONS AND
FOSSIL FUEL FACILITIES THAT DO NOT PROVIDE DIRECT SALE  OR  DISTRIBUTION
TO CONSUMERS; AND
  D.  ANY  ADDITIONAL  MEANING  OF  FOSSIL  FUEL  INFRASTRUCTURE FOR THE
PURPOSES OF THIS SECTION SHALL BE  DETERMINED  BY  THE  COMMISSIONER  IN
ACCORDANCE WITH THE PRIMARY INTENT OF THIS SECTION.
  E. THIS MORATORIUM SHALL NOT APPLY TO USES AND FACILITIES NECESSARY TO
ADDRESS  A  BONA  FIDE  IMMINENT  THREAT  TO  PUBLIC  HEALTH, SAFETY AND
WELFARE. THIS MORATORIUM SHALL ALSO NOT APPLY  TO  USES  AND  FACILITIES
NECESSARY FOR PUBLIC SAFETY, INCLUDING, BUT NOT LIMITED TO, POLICE, FIRE
AND RESCUE AGENCIES.
  4.  A  MORATORIUM  SHALL  BE  ESTABLISHED  ON  ANY AND ALL FOSSIL FUEL
INFRASTRUCTURE PROJECTS INCLUDING AS IT  RELATES  TO  THE  DISTRIBUTION,
PROCESSING,  STORAGE,  OR  EXTRACTION  OF  FOSSIL FUELS. NO NEW PERMITS,
LICENSES, OR ANY FORM OF PERMISSION SHALL BE GRANTED FOR ANY FOSSIL FUEL
INFRASTRUCTURE PROJECT NOR SHALL ANY FUNDING, INVESTMENT, OR  ANY  OTHER
FINANCIAL  ASSISTANCE  BE  GRANTED  TO  ANY  FOSSIL  FUEL INFRASTRUCTURE
PROJECT AS LONG AS THERE ARE ECONOMICALLY AND  TECHNOLOGICALLY  FEASIBLE
ALTERNATIVES  TO ENSURE ENERGY RELIABILITY. THIS SECTION SHALL NOT APPLY
TO THE REPAIR OR MAINTENANCE OF EXISTING INFRASTRUCTURE AS OF THE EFFEC-
TIVE DATE OF THIS SECTION. SUCH MORATORIUM SHALL APPLY TO  THE  ENTIRETY
OF  THE  STATE  INCLUDING  ALL  DEPARTMENTS,  AGENCIES, OFFICES, MUNICI-
PALITIES, AND ANY OTHER GOVERNMENTAL BODY.
  5. THE MORATORIUM SHALL BE LIFTED UPON AN ACT OF THE LEGISLATURE.
  § 3. This act shall take effect immediately.