The New York State Senate

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

    S. 6599                                                  A. 8429

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 18, 2019
                               ___________

IN  SENATE  --  Introduced  by Sens. KAMINSKY, HOYLMAN, ADDABBO, BAILEY,
  BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANAR-
  IS, GOUNARDES, HARCKHAM, JACKSON, KAPLAN, KAVANAGH, KENNEDY,  KRUEGER,
  LIU,   MARTINEZ,  MAY,  MAYER,  METZGER,  MONTGOMERY,  MYRIE,  PARKER,
  PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, SKOUFIS,
  STAVISKY, STEWART-COUSINS, THOMAS -- (at request of the  Governor)  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Rules

IN ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT, LIFTON, FAHY,  ORTIZ,
  CAHILL,  WALKER,  CARROLL,  L. ROSENTHAL, THIELE, JAFFEE, SIMON, OTIS,
  DINOWITZ, WILLIAMS, ROZIC, ABINANTI, MOSLEY,  BARRETT,  STECK,  GALEF,
  GOTTFRIED,  LUPARDO,  PHEFFER AMATO,  DE LA ROSA, JEAN-PIERRE, COLTON,
  CUSICK, PEOPLES-STOKES, SEAWRIGHT, PICHARDO, WEPRIN,  SIMOTAS,  GLICK,
  FERNANDEZ,  D'URSO,  O'DONNELL, GRIFFIN, REYES, BURKE, SOLAGES, ROMEO,
  STIRPE, MAGNARELLI, EPSTEIN, TAYLOR, FALL, CRUZ, STERN,  SANTABARBARA,
  BRONSON,  BARNWELL,  DAVILA, HEVESI, NIOU, HUNTER, M. G. MILLER, BENE-
  DETTO, RODRIGUEZ,  QUART,  WRIGHT,  HYNDMAN,  CRESPO,  FRONTUS,  RYAN,
  SAYEGH,  BARRON,  PRETLOW,  GUNTHER, RICHARDSON, RAYNOR, KIM, McMAHON,
  DICKENS, JACOBSON,  WEINSTEIN  --  Multi-Sponsored  by  --  M.  of  A.
  DenDEKKER,  LENTOL,  NOLAN, PAULIN, RAMOS -- (at request of the Gover-
  nor) -- read once and referred to the Committee on Ways and Means

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 leadership 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  leadership  and   community
protection act" and finds and declares that:

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

                                                           LBD12037-01-9

S. 6599                             2                            A. 8429

  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
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  40
percent  reduction  in  climate pollution by the year 2030, in line with

S. 6599                             3                            A. 8429

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.
  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.

S. 6599                             4                            A. 8429

  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 70% of electricity from renewable sourc-
es,  increasing  energy efficiency from 2012 levels by 23% and the addi-
tional expressed goal of  reducing  100%  of  the  electricity  sector's
greenhouse gas emissions by 2040;
  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. PROMULGATION OF REGULATIONS TO ACHIEVE STATEWIDE GREEN-
                   HOUSE GAS EMISSIONS REDUCTIONS.
        75-0111. CLIMATE JUSTICE WORKING GROUP.
        75-0113. VALUE OF CARBON.
        75-0115. COMMUNITY AIR MONITORING PROGRAM.
        75-0117. INVESTMENT OF FUNDS.
        75-0119. IMPLEMENTATION REPORTING.
§ 75-0101. DEFINITIONS.

S. 6599                             5                            A. 8429

  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.
  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, OR COMPRISE
HIGH-CONCENTRATIONS OF LOW- AND MODERATE- INCOME HOUSEHOLDS, AS  IDENTI-
FIED PURSUANT TO SECTION 75-0111 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 THE MAXIMUM  ALLOWABLE  LEVEL
OF STATEWIDE GREENHOUSE GAS EMISSIONS, IN A SPECIFIED YEAR, EXPRESSED IN
TONS  OF  CARBON  DIOXIDE  EQUIVALENT,  AS  DETERMINED BY THE DEPARTMENT
PURSUANT TO THIS ARTICLE.
  9. "GREENHOUSE GAS EMISSION OFFSET" MEANS A DEDUCTION REPRESENTING ONE
METRIC TON OF CARBON DIOXIDE EQUIVALENT EMISSIONS, REDUCED, AVOIDED,  OR
SEQUESTERED  BY A GREENHOUSE GAS EMISSION OFFSET PROJECT FROM A MEASURED
BASELINE OF EMISSIONS PURSUANT TO THE STATEWIDE GREENHOUSE GAS EMISSIONS
REPORT.
  10. "GREENHOUSE GAS  EMISSION  OFFSET  PROJECTS"  MEANS  ONE  OR  MORE
PROJECTS, INCLUDING:
  A.  NATURAL  CARBON  SINKS INCLUDING BUT NOT LIMITED TO AFFORESTATION,
REFORESTATION, OR WETLANDS RESTORATION;
  B. GREENING INFRASTRUCTURE;
  C. RESTORATION AND SUSTAINABLE MANAGEMENT OF NATURAL AND URBAN FORESTS
OR WORKING LANDS, GRASSLANDS, COASTAL WETLANDS AND SUB-TIDAL HABITATS;
  D. EFFORTS TO REDUCE HYDROFLUOROCARBON REFRIGERANT, SULFUR  HEXAFLUOR-
IDE, AND OTHER OZONE DEPLETING SUBSTANCE RELEASES;
  E.  ANAEROBIC  DIGESTERS,  WHERE  ENERGY  PRODUCED  IS DIRECTED TOWARD
LOCALIZED USE;
  F. CARBON CAPTURE AND SEQUESTRATION;
  G. ECOSYSTEM RESTORATION; AND
  H. OTHER TYPES OF PROJECTS RECOMMENDED BY THE COUNCIL IN  CONSULTATION
WITH  THE  CLIMATE  JUSTICE WORKING GROUP THAT PROVIDE PUBLIC HEALTH AND
ENVIRONMENTAL BENEFITS, AND  DO  NOT  CREATE  BURDENS  IN  DISADVANTAGED
COMMUNITIES.
  11.  "GREENHOUSE  GAS EMISSION SOURCE" OR "SOURCE" MEANS ANY ANTHROPO-
GENIC SOURCE OR CATEGORY OF  ANTHROPOGENIC  SOURCES  OF  GREENHOUSE  GAS
EMISSIONS, DETERMINED BY THE DEPARTMENT:
  A.  WHOSE  PARTICIPATION  IN THE PROGRAM WILL ENABLE THE DEPARTMENT TO
EFFECTIVELY REDUCE GREENHOUSE GAS EMISSIONS; AND,

S. 6599                             6                            A. 8429

  B. THAT ARE CAPABLE OF BEING MONITORED FOR COMPLIANCE.
  12. "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.
  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
AND THE EXTRACTION AND TRANSMISSION OF FOSSIL FUELS  IMPORTED  INTO  THE
STATE.  STATEWIDE EMISSIONS SHALL BE EXPRESSED IN TONS OF CARBON DIOXIDE
EQUIVALENTS.
  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 NINETEEN 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. 2385 AND A. 1564.
§ 75-0103. NEW YORK STATE CLIMATE ACTION COUNCIL.
  1. THERE IS HEREBY ESTABLISHED THE NEW YORK STATE CLIMATE ACTION COUN-
CIL ("COUNCIL") WHICH SHALL CONSIST OF THE FOLLOWING TWENTY-TWO MEMBERS:
  A. THE COMMISSIONERS OF TRANSPORTATION, HEALTH, ECONOMIC  DEVELOPMENT,
AGRICULTURE  AND  MARKETS,  HOUSING AND COMMUNITY RENEWAL, ENVIRONMENTAL
CONSERVATION, LABOR, THE CHAIRPERSON OF THE PUBLIC  SERVICE  COMMISSION,
THE  PRESIDENTS  OF  THE  NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY; NEW YORK POWER AUTHORITY; LONG ISLAND  POWER  AUTHORITY;  THE
SECRETARY OF STATE, OR THEIR DESIGNEES.
  B. TWO NON-AGENCY EXPERT MEMBERS APPOINTED BY THE GOVERNOR;
  C.  THREE  MEMBERS  TO  BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  D. THREE 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  CO-CHAIRPERSONS  OF  THE COUNCIL SHALL BE THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION AND THE PRESIDENT OF THE NEW YORK STATE ENER-
GY RESEARCH AND DEVELOPMENT AUTHORITY OR THEIR DESIGNEE.
  5. EACH MEMBER OF THE COUNCIL SHALL BE ENTITLED TO ONE VOTE. THE COUN-
CIL'S APPROVAL AND ADOPTION OF THE FINAL SCOPING PLAN PURSUANT  TO  THIS
SECTION,  AND  ANY  SUBSEQUENT  INTERIM UPDATES THERETO, SHALL REQUIRE A
SUPERMAJORITY OF THE COUNCIL. NO ACTION MAY  BE  TAKEN  BY  THE  COUNCIL
UNLESS  THERE IS A QUORUM, WHICH SHALL AT ALL TIMES BE A MAJORITY OF THE
MEMBERS OF THE COUNCIL.
  6. ANY VACANCIES ON THE COUNCIL SHALL BE FILLED IN THE MANNER PROVIDED
FOR THE INITIAL APPOINTMENT.

S. 6599                             7                            A. 8429

  7. THE COUNCIL SHALL CONVENE ADVISORY PANELS REQUIRING SPECIAL  EXPER-
TISE  AND,  AT A MINIMUM, SHALL ESTABLISH ADVISORY PANELS ON TRANSPORTA-
TION, ENERGY INTENSIVE AND TRADE-EXPOSED INDUSTRIES, LAND-USE AND  LOCAL
GOVERNMENT,  ENERGY  EFFICIENCY AND HOUSING, POWER GENERATION, AND AGRI-
CULTURE  AND  FORESTRY.   THE PURPOSE OF THE ADVISORY PANELS SHALL BE TO
PROVIDE RECOMMENDATIONS TO THE COUNCIL ON SPECIFIC TOPICS, IN ITS PREPA-
RATION OF THE SCOPING PLAN, AND INTERIM UPDATES TO THE SCOPING PLAN, AND
IN FULFILLING THE COUNCIL'S ONGOING DUTIES.
  A. EACH ADVISORY PANEL SHALL BE CHAIRED BY THE RELEVANT AGENCY HEAD OR
HIS OR HER DESIGNEE.  THE COUNCIL MAY CONVENE  AND  DISSOLVE  ADDITIONAL
ADVISORY  PANELS,  IN  ITS SOLE DISCRETION, AND PURSUANT TO THE REQUIRE-
MENTS HEREIN.
  B. ADVISORY PANELS SHALL BE COMPRISED OF  NO  MORE  THAN  FIVE  VOTING
MEMBERS.    THE  COUNCIL  SHALL  ELECT  ADVISORY PANEL MEMBERS, AND SUCH
MEMBERSHIP SHALL AT ALL TIMES REPRESENT INDIVIDUALS WITH DIRECT INVOLVE-
MENT OR EXPERTISE IN MATTERS TO BE  ADDRESSED  BY  THE  ADVISORY  PANELS
PURSUANT TO THIS SECTION.
  C.  ADVISORY PANELS SHALL WORK DIRECTLY WITH THE COUNCIL ON THE PREPA-
RATION OF THE SCOPING PLAN PURSUANT TO THIS SECTION. EACH ADVISORY PANEL
SHALL COORDINATE WITH  THE  ENVIRONMENTAL  JUSTICE  ADVISORY  GROUP  AND
CLIMATE JUSTICE WORKING GROUP.
  D.  ALL  AGENCIES  OF  THE  STATE  OR SUBDIVISIONS THEREOF MAY, AT THE
REQUEST OF ANY SUCH ADVISORY PANEL OR THE COUNCIL, PROVIDE THE  ADVISORY
PANEL WITH SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE ADVISORY
PANELS TO CARRY OUT THEIR POWERS AND DUTIES.
  8.  THE  COUNCIL  SHALL  CONVENE  A JUST TRANSITION WORKING GROUP. THE
WORKING GROUP SHALL BE CHAIRED BY THE  COMMISSIONER  OF  LABOR  AND  THE
PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
TY  AND  SHALL CONSIST OF NO LESS THAN THIRTEEN, BUT NO MORE THAN SEVEN-
TEEN MEMBERS AND SHALL INCLUDE THE COMMISSIONERS OF HOUSING AND COMMUNI-
TY  RENEWAL,  THE  CHAIR  OF   THE   DEPARTMENT   OF   PUBLIC   SERVICE,
REPRESENTATIVES OF ENVIRONMENTAL JUSTICE COMMUNITIES AND REPRESENTATIVES
OF LABOR ORGANIZATIONS, CLEAN ENERGY DEVELOPERS AND AT LEAST FIVE REPRE-
SENTATIVES OF DISTINCT ENERGY-INTENSIVE INDUSTRIES.  THE JUST TRANSITION
WORKING GROUP SHALL:
  A. ADVISE THE COUNCIL ON ISSUES AND OPPORTUNITIES FOR WORKFORCE DEVEL-
OPMENT  AND  TRAINING  RELATED  TO ENERGY EFFICIENCY MEASURES, RENEWABLE
ENERGY AND OTHER CLEAN  ENERGY  TECHNOLOGIES,  WITH  SPECIFIC  FOCUS  ON
TRAINING  AND WORKFORCE OPPORTUNITIES FOR DISADVANTAGED COMMUNITIES, AND
SEGMENTS OF THE POPULATION THAT MAY BE  UNDERREPRESENTED  IN  THE  CLEAN
ENERGY  WORKFORCE  SUCH  AS  VETERANS,  WOMEN  AND FORMERLY INCARCERATED
PERSONS;
  B. IDENTIFY ENERGY-INTENSIVE INDUSTRIES AND RELATED TRADES AND IDENTI-
FY SECTOR SPECIFIC IMPACTS OF THE STATE'S CURRENT WORKFORCE AND  AVENUES
TO  MAXIMIZE  THE  SKILLS AND EXPERTISE OF NEW YORK STATE WORKERS IN THE
NEW ENERGY ECONOMY;
  C. IDENTIFY SITES OF ELECTRIC GENERATING FACILITIES THAT MAY BE CLOSED
AS A RESULT OF A TRANSITION TO A CLEAN ENERGY SECTOR AND THE ISSUES  AND
OPPORTUNITIES PRESENTED BY REUSE OF THOSE SITES;
  D. WITH RESPECT TO POTENTIAL FOR GREENHOUSE GAS EMISSION LIMITS DEVEL-
OPED  BY  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO THIS
ARTICLE, ADVISE THE COUNCIL ON THE POTENTIAL IMPACTS OF  CARBON  LEAKAGE
RISK  ON NEW YORK STATE INDUSTRIES AND LOCAL HOST COMMUNITIES, INCLUDING
THE IMPACT OF ANY POTENTIAL CARBON REDUCTION MEASURES  ON  THE  COMPETI-
TIVENESS OF NEW YORK STATE BUSINESS AND INDUSTRY;

S. 6599                             8                            A. 8429

  E.  ADVISE  THE  COUNCIL AND CONDUCT STAKEHOLDER OUTREACH ON ANY OTHER
WORKFORCE MATTERS DIRECTED BY THE COUNCIL; AND
  F.  AT  A  TIME  FRAME  DETERMINED BY THE COUNCIL, PREPARE AND PUBLISH
RECOMMENDATIONS TO THE COUNCIL ON HOW TO ADDRESS:  ISSUES  AND  OPPORTU-
NITIES RELATED TO THE ENERGY-INTENSIVE AND TRADE-EXPOSED ENTITIES; WORK-
FORCE  DEVELOPMENT FOR TRADE-EXPOSED ENTITIES, DISADVANTAGED COMMUNITIES
AND UNDERREPRESENTED SEGMENTS OF THE POPULATION;  MEASURES  TO  MINIMIZE
THE CARBON LEAKAGE RISK AND MINIMIZE ANTI-COMPETITIVENESS IMPACTS OF ANY
POTENTIAL CARBON POLICIES AND ENERGY SECTOR MANDATES.
  G. THE JUST TRANSITION WORKING GROUP IS HEREBY AUTHORIZED AND DIRECTED
TO CONDUCT A STUDY OF AND REPORT ON:
  I.  THE  NUMBER OF JOBS CREATED TO COUNTER CLIMATE CHANGE, WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO THE ENERGY SECTOR, BUILDING SECTOR, TRANS-
PORTATION SECTOR, AND WORKING LANDS SECTOR;
  II. THE PROJECTION OF THE INVENTORY OF JOBS NEEDED AND THE SKILLS  AND
TRAINING  REQUIRED TO MEET THE DEMAND OF JOBS TO COUNTER CLIMATE CHANGE;
AND
  III. WORKFORCE DISRUPTION DUE TO  COMMUNITY  TRANSITIONS  FROM  A  LOW
CARBON ECONOMY.
  9.  THE DEPARTMENT AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY SHALL PROVIDE THE COUNCIL WITH SUCH  FACILITIES,  ASSIST-
ANCE  AND  DATA  AS  WILL ENABLE THE COUNCIL TO CARRY OUT ITS POWERS AND
DUTIES. ADDITIONALLY, ALL OTHER AGENCIES OF THE  STATE  OR  SUBDIVISIONS
THEREOF  MAY, AT THE REQUEST OF THE CO-CHAIRPERSONS, PROVIDE THE COUNCIL
WITH SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE THE COUNCIL TO
CARRY OUT ITS POWERS AND DUTIES.
  10. THE COUNCIL SHALL CONSULT WITH THE CLIMATE JUSTICE  WORKING  GROUP
ESTABLISHED  IN SECTION 75-0111 OF THIS ARTICLE, THE DEPARTMENT OF STATE
UTILITY INTERVENTION UNIT, AND THE FEDERALLY  DESIGNATED  ELECTRIC  BULK
SYSTEM OPERATOR.
  11.  THE COUNCIL SHALL ON OR BEFORE TWO YEARS OF THE EFFECTIVE DATE OF
THIS ARTICLE, PREPARE AND APPROVE A SCOPING PLAN OUTLINING THE RECOMMEN-
DATIONS FOR ATTAINING THE STATEWIDE GREENHOUSE GAS EMISSIONS  LIMITS  IN
ACCORDANCE  WITH  THE  SCHEDULE  ESTABLISHED  IN SECTION 75-0107 OF THIS
ARTICLE, AND FOR THE REDUCTION OF EMISSIONS BEYOND EIGHTY-FIVE  PERCENT,
NET ZERO EMISSIONS IN ALL SECTORS OF THE ECONOMY, WHICH SHALL INFORM THE
STATE ENERGY PLANNING BOARD'S ADOPTION OF A STATE ENERGY PLAN IN ACCORD-
ANCE  WITH  SECTION 6-104 OF THE ENERGY LAW. THE FIRST STATE ENERGY PLAN
ISSUED SUBSEQUENT TO COMPLETION OF THE SCOPING  PLAN  REQUIRED  BY  THIS
SECTION SHALL INCORPORATE THE RECOMMENDATIONS OF THE COUNCIL.
  12. THE DRAFT SCOPING PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE
ENVIRONMENTAL  JUSTICE  ADVISORY  GROUP, AND THE CLIMATE JUSTICE WORKING
GROUP ESTABLISHED PURSUANT TO SECTION 75-0111 OF THIS ARTICLE AND  OTHER
STAKEHOLDERS.
  A.  THE  COUNCIL SHALL HOLD AT LEAST SIX REGIONAL PUBLIC COMMENT HEAR-
INGS ON THE DRAFT SCOPING PLAN, 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 COUNCIL  SHALL  PROVIDE  MEANINGFUL  OPPORTUNITIES  FOR  PUBLIC
COMMENT FROM ALL SEGMENTS OF THE POPULATION THAT WILL BE IMPACTED BY THE
PLAN,  INCLUDING  PERSONS LIVING IN DISADVANTAGED COMMUNITIES AS IDENTI-
FIED PURSUANT TO SECTION 75-0111 OF THIS ARTICLE.
  C. ON OR BEFORE THREE YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE
COUNCIL 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.

S. 6599                             9                            A. 8429

  13.  THE SCOPING PLAN SHALL IDENTIFY AND MAKE RECOMMENDATIONS ON REGU-
LATORY 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.  MEASURES  TO  REDUCE  EMISSIONS  FROM  THE  ELECTRICITY  SECTOR BY
DISPLACING FOSSIL-FUEL FIRED ELECTRICITY WITH RENEWABLE  ELECTRICITY  OR
ENERGY EFFICIENCY.
  C.  LAND-USE  AND  TRANSPORTATION  PLANNING MEASURES AIMED AT REDUCING
GREENHOUSE GAS EMISSIONS FROM MOTOR VEHICLES.
  D. MEASURES TO ACHIEVE LONG-TERM CARBON SEQUESTRATION  AND/OR  PROMOTE
BEST MANAGEMENT PRACTICES IN LAND USE, AGRICULTURE AND FORESTRY.
  E.  MEASURES  TO  ACHIEVE  SIX  GIGAWATTS  OF DISTRIBUTED SOLAR ENERGY
CAPACITY INSTALLED IN THE STATE BY TWO THOUSAND TWENTY-FIVE, NINE  GIGA-
WATTS OF OFFSHORE WIND CAPACITY INSTALLED BY TWO THOUSAND THIRTY-FIVE, A
STATEWIDE  ENERGY  EFFICIENCY  GOAL  OF ONE HUNDRED EIGHTY-FIVE TRILLION
BRITISH THERMAL UNITS ENERGY REDUCTION FROM THE TWO THOUSAND TWENTY-FIVE
FORECAST; AND THREE GIGAWATTS OF STATEWIDE ENERGY  STORAGE  CAPACITY  BY
TWO THOUSAND THIRTY.
  F.  MEASURES TO PROMOTE THE BENEFICIAL ELECTRIFICATION OF PERSONAL AND
FREIGHT TRANSPORT AND OTHER STRATEGIES TO REDUCE  GREENHOUSE  GAS  EMIS-
SIONS FROM THE TRANSPORTATION SECTOR.
  G.  MEASURES  TO ACHIEVE REDUCTIONS IN ENERGY USE IN EXISTING RESIDEN-
TIAL OR COMMERCIAL BUILDINGS, INCLUDING THE  BENEFICIAL  ELECTRIFICATION
OF  WATER  AND  SPACE HEATING IN BUILDINGS, ESTABLISHING APPLIANCE EFFI-
CIENCY STANDARDS, STRENGTHENING BUILDING ENERGY CODES, REQUIRING  ANNUAL
BUILDING  ENERGY  BENCHMARKING,  DISCLOSING  ENERGY  EFFICIENCY  IN HOME
SALES, AND EXPANDING THE ABILITY OF STATE FACILITIES TO UTILIZE PERFORM-
ANCE CONTRACTING.
  H. RECOMMENDATIONS TO AID IN THE TRANSITION OF THE STATE WORKFORCE AND
THE RAPIDLY EMERGING CLEAN ENERGY INDUSTRY.
  I. MEASURES TO ACHIEVE HEALTHY FORESTS  THAT  SUPPORT  CLEAN  AIR  AND
WATER, BIODIVERSITY, AND SEQUESTER CARBON.
  J. MEASURES TO LIMIT THE USE OF CHEMICALS, SUBSTANCES OR PRODUCTS THAT
CONTRIBUTE TO GLOBAL CLIMATE CHANGE WHEN RELEASED TO THE ATMOSPHERE, BUT
ARE NOT INTENDED FOR END-USE COMBUSTION.
  K.  MECHANISMS  TO  LIMIT  EMISSION  LEAKAGE AS DEFINED IN SUBDIVISION
ELEVEN OF SECTION 75-0101 OF THIS ARTICLE.
  L. VERIFIABLE, ENFORCEABLE AND VOLUNTARY EMISSIONS REDUCTION MEASURES.
  14. IN DEVELOPING SUCH PLAN THE COUNCIL SHALL:
  A. CONSIDER ALL RELEVANT  INFORMATION  PERTAINING  TO  GREENHOUSE  GAS
EMISSIONS  REDUCTION  PROGRAMS  IN  STATES  IN THE UNITED STATES CLIMATE
ALLIANCE, AS WELL AS 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 COUNCIL SHALL QUANTIFY:
  I. THE ECONOMIC  AND  SOCIAL  BENEFITS  OF  GREENHOUSE  GAS  EMISSIONS
REDUCTIONS,  TAKING INTO ACCOUNT THE VALUE OF CARBON, ESTABLISHED BY THE
DEPARTMENT PURSUANT TO SECTION 75-0113 OF THIS ARTICLE, ANY OTHER  TOOLS
THAT  THE  COUNCIL DEEMS USEFUL AND PERTINENT FOR THIS ANALYSIS, AND ANY
ENVIRONMENTAL, ECONOMIC AND  PUBLIC  HEALTH  CO-BENEFITS  (SUCH  AS  THE

S. 6599                            10                            A. 8429

REDUCTION  OF  CO-POLLUTANTS AND THE DIVERSIFICATION OF ENERGY SOURCES);
AND
  II.  THE  COSTS OF IMPLEMENTING PROPOSED EMISSIONS REDUCTION MEASURES,
AND THE EMISSIONS REDUCTIONS  THAT  THE  COUNCIL  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 75-0111 OF THIS ARTICLE.
  15. THE COUNCIL 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.
  16. 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.
  17.  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 TWO YEARS 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;
  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-

S. 6599                            11                            A. 8429

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. 2030: 60% OF 1990 EMISSIONS.
  B. 2050: 15% 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.
  4. IN ORDER TO COMPLY WITH  THE  STATEWIDE  GREENHOUSE  GAS  EMISSIONS
LIMITS  PROMULGATED  PURSUANT  TO THIS SECTION, A SOURCE MAY UTILIZE THE
ALTERNATIVE COMPLIANCE MECHANISM  ESTABLISHED  PURSUANT  TO  SUBDIVISION
FOUR OF SECTION 75-0109 OF THIS ARTICLE. THE USE OF SUCH MECHANISM SHALL
BE IN ACCORDANCE WITH THE PROVISIONS OF THAT SUBDIVISION.
§ 75-0109. PROMULGATION  OF  REGULATIONS TO ACHIEVE STATEWIDE GREENHOUSE
             GAS EMISSIONS REDUCTIONS.
  1. NO LATER THAN FOUR 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 75-0111 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 AND  WORK  WITH
OTHER  STATE AGENCIES AND AUTHORITIES TO PROMULGATE REGULATIONS REQUIRED

S. 6599                            12                            A. 8429

BY SECTION EIGHT OF THE CHAPTER OF THE LAWS  OF  TWO  THOUSAND  NINETEEN
THAT ADDED THIS ARTICLE.
  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, WITH THE EXCEPTION OF AGRICULTURAL EMISSIONS
FROM LIVESTOCK.
  C. REFLECT, IN SUBSTANTIAL PART, THE  FINDINGS  OF  THE  SCOPING  PLAN
PREPARED PURSUANT TO SECTION 75-0103 OF THIS ARTICLE.
  D.  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 75-0111 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 75-0111 OF THIS ARTICLE AND ENCOURAGE  EARLY  ACTION
TO REDUCE GREENHOUSE GAS EMISSIONS AND CO-POLLUTANTS.
  E. INCORPORATE MEASURES TO MINIMIZE LEAKAGE.
  4. A. THE DEPARTMENT MAY ESTABLISH AN ALTERNATIVE COMPLIANCE MECHANISM
TO  BE  USED  BY  SOURCES  SUBJECT TO GREENHOUSE GAS EMISSIONS LIMITS TO
ACHIEVE NET ZERO EMISSIONS.
  B. THE USE OF SUCH  MECHANISM  SHALL  ACCOUNT  FOR  NOT  GREATER  THAN
FIFTEEN  PERCENT  OF  STATEWIDE  GREENHOUSE GAS EMISSIONS ESTIMATED AS A
PERCENTAGE OF NINETEEN NINETY EMISSIONS PURSUANT TO SECTION  75-0105  OF
THIS  ARTICLE,  PROVIDED  THAT  THE  USE OF THIS MECHANISM MUST OFFSET A
QUANTITY GREATER THAN OR EQUAL TO  THE  GREENHOUSE  GASES  EMITTED.  THE
OFFSET  OF  GREENHOUSE  GAS  EMISSIONS SHALL NOT RESULT IN DISADVANTAGED
COMMUNITIES HAVING TO BEAR A DISPROPORTIONATE  BURDEN  OF  ENVIRONMENTAL
IMPACTS.
  C.  THE  DEPARTMENT  SHALL  VERIFY THAT GREENHOUSE GAS EMISSION OFFSET
PROJECTS AUTHORIZED PURSUANT TO THIS  SUBDIVISION  REPRESENT  GREENHOUSE
GAS  EQUIVALENT  EMISSION  REDUCTIONS  OR  CARBON SEQUESTRATION THAT ARE
REAL, ADDITIONAL, VERIFIABLE, ENFORCEABLE, AND PERMANENT.
  D. ANY GREENHOUSE GAS EMISSIONS OFFSET PROJECT SHALL COMPLY  WITH  ALL
OF THE REQUIREMENTS OF THIS SUBDIVISION.
  E.  THE  DEPARTMENT  SHALL ESTABLISH AN APPLICATION PROCESS THAT, AT A
MINIMUM, REQUIRES A SOURCE TO SUFFICIENTLY DEMONSTRATE  THAT  COMPLIANCE
WITH  THE  GREENHOUSE GAS EMISSIONS LIMITS IS NOT TECHNOLOGICALLY FEASI-
BLE, AND THAT THE SOURCE HAS REDUCED EMISSIONS  TO  THE  MAXIMUM  EXTENT
PRACTICABLE.  AFTER  AN  INITIAL  FOUR YEAR PERIOD, THE DEPARTMENT SHALL
REVIEW THE PARTICIPATION OF A SOURCE  IN  THIS  MECHANISM,  AND  MAKE  A

S. 6599                            13                            A. 8429

DETERMINATION  AS  TO  THE  SOURCE'S  CONTINUED  NEED FOR AN ALTERNATIVE
COMPLIANCE, CONSIDERING THE EXTENT TO WHICH THE SOURCE IS UTILIZING  THE
BEST AVAILABLE TECHNOLOGY STANDARDS.
  F.  SOURCES IN THE ELECTRIC GENERATION SECTOR SHALL NOT BE ELIGIBLE TO
PARTICIPATE IN SUCH MECHANISM.
  G. THE FOLLOWING TYPES OF PROJECTS SHALL BE PROHIBITED:
  I. WASTE-TO-ENERGY PROJECTS, INCLUDING INCINERATION AND PYROLYSIS; AND
  II. BIOFUELS USED FOR ENERGY OR TRANSPORTATION PURPOSES.
  H. ANY GREENHOUSE GAS EMISSION OFFSET PROJECT APPROVED BY THE  DEPART-
MENT SHALL:
  I.  BE  DESIGNED  TO  PROVIDE A DISCERNABLE BENEFIT TO THE ENVIRONMENT
RATHER THAN TO THE SOURCE;
  II. BE LOCATED IN THE  SAME  COUNTY,  AND  WITHIN  TWENTY-FIVE  LINEAR
MILES, OF THE SOURCE OF EMISSIONS, TO THE EXTENT PRACTICABLE;
  III.  ENHANCE  THE  CONDITIONS  OF  THE  ECOSYSTEM  OR GEOGRAPHIC AREA
ADVERSELY AFFECTED; AND
  IV. SUBSTANTIALLY REDUCE OR  PREVENT  THE  GENERATION  OR  RELEASE  OF
POLLUTANTS THROUGH SOURCE REDUCTION.
  I.  A  GREENHOUSE GAS EMISSION OFFSET PROJECT SHALL NOT BE APPROVED BY
THE DEPARTMENT WHERE THE PROJECT:
  I. IS REQUIRED PURSUANT TO ANY LOCAL,  STATE  OR  FEDERAL  LAW,  REGU-
LATION, OR ADMINISTRATIVE OR JUDICIAL ORDER;
  II.  CONTAINS  MEASURES  WHICH THE SOURCE WOULD HAVE UNDERTAKEN ANYWAY
WITHIN THE NEXT FIVE YEARS;
  III. CONTRIBUTES TO ENVIRONMENTAL RESEARCH AT A COLLEGE OR UNIVERSITY;
OR
  IV. IS A STUDY OR ASSESSMENT WITHOUT A  COMMITMENT  TO  IMPLEMENT  THE
RESULTS.
  J.  IN  APPROVING GREENHOUSE GAS EMISSION OFFSET PROJECTS, THE DEPART-
MENT SHALL PRIORITIZE PROJECTS THAT MAXIMIZE PUBLIC HEALTH AND  ENVIRON-
MENTAL  BENEFITS  WITHIN  THE STATE AND ESPECIALLY LOCALIZED BENEFITS IN
DISADVANTAGED COMMUNITIES, DEFINED PURSUANT TO SECTION 75-0111  OF  THIS
ARTICLE.
  K.  THE DEPARTMENT SHALL ESTABLISH A PUBLIC REGISTRY OF GREENHOUSE GAS
EMISSION OFFSET PROJECTS APPROVED PURSUANT TO THIS SUBDIVISION.
  L. PRIOR TO THE INCLUSION OF ANY ALTERNATIVE 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. CONSULT WITH THE COUNCIL, THE ENVIRONMENTAL JUSTICE ADVISORY GROUP,
AND THE CLIMATE JUSTICE WORKING GROUP;
  II.  CONSIDER THE POTENTIAL FOR DIRECT, INDIRECT, AND CUMULATIVE EMIS-
SION IMPACTS FROM THIS MECHANISM, INCLUDING LOCALIZED IMPACTS IN  DISAD-
VANTAGED  COMMUNITIES  AS IDENTIFIED PURSUANT TO SECTION 75-0111 OF THIS
ARTICLE;
  III. DESIGN  THE  ALTERNATIVE  COMPLIANCE  MECHANISM  TO  PREVENT  ANY
INCREASE IN THE EMISSIONS OF CO-POLLUTANTS; AND
  IV.  MAXIMIZE  ADDITIONAL  ENVIRONMENTAL,  PUBLIC HEALTH, AND ECONOMIC
BENEFITS FOR THE STATE  AND  FOR  DISADVANTAGED  COMMUNITIES  IDENTIFIED
PURSUANT TO SECTION 75-0111 OF THIS ARTICLE, AS APPROPRIATE.
§ 75-0111. 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

S. 6599                            14                            A. 8429

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:
  I.  AREAS  BURDENED  BY  CUMULATIVE  ENVIRONMENTAL POLLUTION AND OTHER
HAZARDS THAT CAN LEAD TO NEGATIVE PUBLIC HEALTH EFFECTS;
  II. 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
  III. 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 COUNCIL SHALL HOLD AT LEAST SIX REGIONAL PUBLIC HEARINGS ON THE
DRAFT CRITERIA AND THE DRAFT LIST OF DISADVANTAGED COMMUNITIES,  INCLUD-
ING THREE MEETINGS IN THE UPSTATE REGION AND THREE MEETINGS IN THE DOWN-
STATE  REGION,  AND SHALL ALLOW AT LEAST ONE HUNDRED TWENTY DAYS FOR THE
SUBMISSION OF PUBLIC COMMENT.
  B. THE COUNCIL SHALL ALSO ENSURE THAT THERE  ARE  MEANINGFUL  OPPORTU-
NITIES  FOR  PUBLIC COMMENT FOR ALL SEGMENTS OF THE POPULATION THAT 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.
§ 75-0113. VALUE OF CARBON.
  1.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
THE DEPARTMENT, IN CONSULTATION WITH THE NEW YORK STATE ENERGY  RESEARCH
AND  DEVELOPMENT  AUTHORITY, SHALL ESTABLISH A SOCIAL COST OF CARBON FOR
USE BY STATE AGENCIES, EXPRESSED IN TERMS OF DOLLARS PER TON  OF  CARBON
DIOXIDE EQUIVALENT.
  2. THE SOCIAL COST OF CARBON SHALL SERVE AS A MONETARY ESTIMATE OF THE
VALUE  OF  NOT EMITTING A TON OF GREENHOUSE GAS EMISSIONS. AS DETERMINED
BY THE DEPARTMENT, THE SOCIAL COST OF CARBON MAY BE  BASED  ON  MARGINAL

S. 6599                            15                            A. 8429

GREENHOUSE GAS ABATEMENT COSTS OR ON THE GLOBAL ECONOMIC, ENVIRONMENTAL,
AND  SOCIAL  IMPACTS  OF EMITTING A MARGINAL TON OF GREENHOUSE GAS EMIS-
SIONS INTO THE ATMOSPHERE, UTILIZING A  RANGE  OF  APPROPRIATE  DISCOUNT
RATES, INCLUDING A RATE OF ZERO.
  3.  IN  DEVELOPING  THE  SOCIAL  COST  OF CARBON, THE DEPARTMENT SHALL
CONSIDER PRIOR OR EXISTING ESTIMATES OF THE SOCIAL COST OF CARBON ISSUED
OR ADOPTED BY THE FEDERAL GOVERNMENT, APPROPRIATE INTERNATIONAL  BODIES,
OR OTHER APPROPRIATE AND REPUTABLE SCIENTIFIC ORGANIZATIONS.
§ 75-0115. COMMUNITY AIR MONITORING PROGRAM.
  1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS AND RELATED
PROVISIONS SHALL APPLY:
  A. "COMMUNITY AIR MONITORING SYSTEM" MEANS ADVANCED SENSING MONITORING
EQUIPMENT  THAT MEASURES AND RECORDS AIR POLLUTANT CONCENTRATIONS IN THE
AMBIENT AIR AT OR NEAR SENSITIVE  RECEPTOR  LOCATIONS  IN  DISADVANTAGED
COMMUNITIES.
  B. "DISADVANTAGED COMMUNITY" MEANS A COMMUNITY IDENTIFIED AS DISADVAN-
TAGED  PURSUANT  TO  THE  CRITERIA  SET FORTH IN SECTION 75-0111 OF THIS
ARTICLE.
  C. "SENSITIVE RECEPTORS" INCLUDES  HOSPITALS,  SCHOOLS  AND  DAY  CARE
CENTERS, AND SUCH OTHER LOCATIONS AS THE DEPARTMENT MAY DETERMINE.
  2. A. ON OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY-TWO, THE DEPART-
MENT  SHALL  PREPARE,  IN  CONSULTATION WITH THE CLIMATE JUSTICE WORKING
GROUP, A PROGRAM DEMONSTRATING COMMUNITY AIR MONITORING SYSTEMS.
  B. THE PROGRAM SHALL IDENTIFY THE HIGHEST PRIORITY LOCATIONS IN DISAD-
VANTAGED COMMUNITIES AROUND THE STATE TO DEPLOY COMMUNITY AIR MONITORING
SYSTEMS, WHICH SHALL  BE  COMMUNITIES  WITH  POTENTIALLY  HIGH  EXPOSURE
BURDENS  FOR  TOXIC  AIR  CONTAMINANTS  AND CRITERIA AIR POLLUTANTS. THE
PROGRAM SHALL BE UNDERTAKEN IN NO LESS THAN FOUR  COMMUNITIES  STATEWIDE
WITH REGIONAL CONSIDERATION.
  C.  THE  DEPARTMENT SHALL PUBLISH THE AIR QUALITY DATA PRODUCED BY THE
COMMUNITY AIR MONITORING SYSTEMS DEPLOYED PURSUANT TO  THIS  SECTION  ON
ITS WEBSITE AS IT BECOMES AVAILABLE.
  3.  ON  OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPARTMENT
SHALL PREPARE, IN CONSULTATION WITH THE CLIMATE JUSTICE WORKING GROUP, A
STRATEGY TO REDUCE EMISSIONS OF TOXIC AIR CONTAMINANTS AND CRITERIA  AIR
POLLUTANTS  IN  DISADVANTAGED  COMMUNITIES AFFECTED BY A HIGH CUMULATIVE
EXPOSURE BURDEN. THE STRATEGY SHALL INCLUDE CRITERIA FOR THE DEVELOPMENT
OF COMMUNITY EMISSION REDUCTION PROGRAMS. THE CRITERIA PRESENTED IN  THE
STRATEGY SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:
  A.  AN  ASSESSMENT AND IDENTIFICATION OF COMMUNITIES WITH HIGH CUMULA-
TIVE EXPOSURE BURDENS FOR TOXIC AIR CONTAMINANTS AND CRITERIA AIR POLLU-
TANTS.
  B. A METHODOLOGY FOR ASSESSING AND IDENTIFYING THE CONTRIBUTING SOURC-
ES OR CATEGORIES OF SOURCES, INCLUDING, BUT NOT LIMITED  TO,  STATIONARY
AND  MOBILE  SOURCES,  AND AN ESTIMATE OF THEIR RELATIVE CONTRIBUTION TO
ELEVATED EXPOSURE TO AIR POLLUTION IN  IMPACTED  COMMUNITIES  IDENTIFIED
PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION.
  C.  AN  ASSESSMENT OF THE EXISTING AND AVAILABLE MEASURES FOR REDUCING
EMISSIONS FROM THE CONTRIBUTING SOURCES OR CATEGORIES OF SOURCES IDENTI-
FIED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION.
  4. A. BASED ON THE  ASSESSMENT  AND  IDENTIFICATION  OF  DISADVANTAGED
COMMUNITIES  WITH HIGH CUMULATIVE EXPOSURE BURDENS FOR TOXIC AIR CONTAM-
INANTS AND CRITERIA AIR POLLUTANTS COMPLETED PURSUANT TO PARAGRAPH A  OF
SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT SHALL SELECT DISADVAN-
TAGED  COMMUNITIES  AROUND  THE STATE FOR PREPARATION OF COMMUNITY EMIS-

S. 6599                            16                            A. 8429

SIONS REDUCTION PROGRAMS. THE DEPARTMENT MAY SELECT ADDITIONAL LOCATIONS
ANNUALLY THEREAFTER, AS APPROPRIATE.
  B. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ADOPT REGULATIONS ESTAB-
LISHING  PROGRAMS  TO  ACHIEVE  EMISSIONS  REDUCTIONS  FOR THE LOCATIONS
SELECTED USING THE MOST COST-EFFECTIVE MEASURES IDENTIFIED  PURSUANT  TO
PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION.
§ 75-0117. INVESTMENT OF FUNDS.
  STATE  AGENCIES,  AUTHORITIES  AND  ENTITIES, IN CONSULTATION WITH THE
ENVIRONMENTAL JUSTICE WORKING GROUP  AND  THE  CLIMATE  ACTION  COUNCIL,
SHALL,  TO  THE EXTENT PRACTICABLE, INVEST OR DIRECT AVAILABLE AND RELE-
VANT PROGRAMMATIC RESOURCES IN A MANNER DESIGNED TO ACHIEVE A  GOAL  FOR
DISADVANTAGED  COMMUNITIES  TO RECEIVE FORTY PERCENT OF OVERALL BENEFITS
OF SPENDING ON CLEAN ENERGY AND ENERGY EFFICIENCY PROGRAMS, PROJECTS  OR
INVESTMENTS  IN  THE  AREAS OF HOUSING, WORKFORCE DEVELOPMENT, POLLUTION
REDUCTION, LOW INCOME  ENERGY  ASSISTANCE,  ENERGY,  TRANSPORTATION  AND
ECONOMIC  DEVELOPMENT,  PROVIDED HOWEVER, THAT DISADVANTAGED COMMUNITIES
SHALL RECEIVE NO LESS THAN THIRTY-FIVE PERCENT OF THE  OVERALL  BENEFITS
OF  SPENDING ON CLEAN ENERGY AND ENERGY EFFICIENCY PROGRAMS, PROJECTS OR
INVESTMENTS AND PROVIDED FURTHER THAT THIS SECTION SHALL NOT ALTER FUNDS
ALREADY CONTRACTED OR  COMMITTED  AS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION.
§ 75-0119. IMPLEMENTATION REPORTING.
  1.  THE  DEPARTMENT  IN  CONSULTATION WITH THE COUNCIL SHALL, NOT LESS
THAN EVERY FOUR YEARS, PUBLISH A REPORT WHICH SHALL INCLUDE  RECOMMENDA-
TIONS 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.
  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 75-0111 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 SIX OF
THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN 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.

S. 6599                            17                            A. 8429

  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 75-0111 OF THIS ARTICLE.
  4.  THE  REPORT  SHALL  BE  PUBLISHED  AND  POSTED ON THE DEPARTMENT'S
WEBSITE.
  § 3. Paragraphs f and g of subdivision 1 of  section  54-1523  of  the
environmental conservation law, as added by section 5 of part U of chap-
ter  58  of the laws of 2016, are amended and a new paragraph h is added
to read as follows:
  f. enabling communities to become certified under  the  climate  smart
communities  program, including by developing natural resources invento-
ries, right sizing of municipal fleets and developing climate adaptation
strategies; [and]
  g. climate change adaptation planning and supporting studies,  includ-
ing  but  not  limited  to vulnerability assessment and risk analysis of
municipal drinking water,  wastewater,  and  transportation  infrastruc-
ture[.]; AND
  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-p to
read as follows:
  § 66-P. ESTABLISHMENT OF A RENEWABLE ENERGY PROGRAM.   1. AS  USED  IN
THIS SECTION:
  (A)  "JURISDICTIONAL  LOAD SERVING ENTITY" MEANS ANY ENTITY SUBJECT TO
THE JURISDICTION OF THE COMMISSION THAT  SECURES  ENERGY  TO  SERVE  THE
ELECTRICAL ENERGY REQUIREMENTS OF END-USE CUSTOMERS IN NEW YORK STATE;
  (B) "RENEWABLE ENERGY SYSTEMS" MEANS SYSTEMS THAT GENERATE ELECTRICITY
OR THERMAL ENERGY THROUGH USE OF THE FOLLOWING TECHNOLOGIES: SOLAR THER-
MAL, PHOTOVOLTAICS, ON LAND AND OFFSHORE WIND, HYDROELECTRIC, GEOTHERMAL
ELECTRIC,  GEOTHERMAL  GROUND  SOURCE  HEAT,  TIDAL ENERGY, WAVE ENERGY,
OCEAN THERMAL, AND FUEL  CELLS  WHICH  DO  NOT  UTILIZE  A  FOSSIL  FUEL
RESOURCE IN THE PROCESS OF GENERATING ELECTRICITY.
  2.  NO LATER THAN JUNE THIRTIETH, TWO THOUSAND TWENTY-ONE, THE COMMIS-
SION SHALL ESTABLISH A PROGRAM TO REQUIRE THAT: (A) A MINIMUM OF SEVENTY
PERCENT OF THE STATE WIDE ELECTRIC GENERATION SECURED BY  JURISDICTIONAL
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;  AND (B) THAT BY THE YEAR TWO
THOUSAND FORTY (COLLECTIVELY, THE "TARGETS")  THE  STATEWIDE  ELECTRICAL
DEMAND  SYSTEM WILL BE ZERO EMISSIONS. IN ESTABLISHING SUCH PROGRAM, THE
COMMISSION SHALL CONSIDER AND WHERE APPLICABLE FORMULATE THE PROGRAM  TO
ADDRESS  IMPACTS OF THE PROGRAM ON SAFE AND ADEQUATE ELECTRIC SERVICE IN
THE STATE UNDER REASONABLY FORESEEABLE CONDITIONS.  THE COMMISSION  MAY,
IN  DESIGNING THE PROGRAM, MODIFY THE OBLIGATIONS OF JURISDICTIONAL LOAD
SERVING ENTITIES AND/OR THE TARGETS UPON CONSIDERATION  OF  THE  FACTORS
DESCRIBED IN THIS SUBDIVISION.
  3.  NO  LATER  THAN JULY FIRST, TWO THOUSAND TWENTY-FOUR 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 TARGETS FOR
DEPLOYMENT OF  RENEWABLE  ENERGY  SYSTEMS  AND  ZERO  EMISSION  SOURCES,
INCLUDING  FACTORS  THAT WILL OR ARE LIKELY TO FRUSTRATE PROGRESS TOWARD
THE TARGETS; (B) DISTRIBUTION OF SYSTEMS BY SIZE AND LOAD ZONE; AND  (C)
ANNUAL FUNDING COMMITMENTS AND EXPENDITURES.

S. 6599                            18                            A. 8429

  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; THE PROGRAM IS LIKELY TO IMPAIR EXISTING OBLIGATIONS AND AGREE-
MENTS; AND/OR THAT THERE IS A SIGNIFICANT INCREASE IN ARREARS OR SERVICE
DISCONNECTIONS THAT THE COMMISSION DETERMINES IS RELATED TO THE PROGRAM.
  5.  NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSION
SHALL ESTABLISH PROGRAMS TO REQUIRE THE PROCUREMENT BY THE STATE'S  LOAD
SERVING ENTITIES OF AT LEAST NINE GIGAWATTS OF OFFSHORE WIND ELECTRICITY
GENERATION BY TWO THOUSAND THIRTY-FIVE AND SIX GIGAWATTS OF PHOTOVOLTAIC
SOLAR GENERATION BY TWO THOUSAND TWENTY-FIVE, AND TO SUPPORT THREE GIGA-
WATTS OF STATEWIDE ENERGY STORAGE CAPACITY BY TWO THOUSAND THIRTY.
  6.  IN  ANY  PROCEEDING  COMMENCED  BY  THE  COMMISSION WITH A GOAL OF
ACHIEVING ONE HUNDRED EIGHTY-FIVE  TRILLION  BRITISH  THERMAL  UNITS  OF
END-USE  ENERGY  SAVINGS  BELOW  THE TWO THOUSAND TWENTY-FIVE ENERGY-USE
FORECAST, THE COMMISSION WILL INCLUDE MECHANISMS TO ENSURE  THAT,  WHERE
PRACTICABLE, AT LEAST TWENTY PERCENT OF INVESTMENTS IN RESIDENTIAL ENER-
GY  EFFICIENCY,  INCLUDING  MULTI-FAMILY  HOUSING,  CAN BE INVESTED IN A
MANNER WHICH WILL BENEFIT DISADVANTAGED COMMUNITIES, AS DEFINED IN ARTI-
CLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING LOW TO
MODERATE INCOME CONSUMERS.
  7. IN THE IMPLEMENTATION OF THIS SECTION, THE COMMISSION SHALL  DESIGN
PROGRAMS  IN  A MANNER TO PROVIDE SUBSTANTIAL BENEFITS FOR DISADVANTAGED
COMMUNITIES, AS DEFINED IN ARTICLE  SEVENTY-FIVE  OF  THE  ENVIRONMENTAL
CONSERVATION  LAW,  INCLUDING  LOW  TO  MODERATE  INCOME CONSUMERS, AT A
REASONABLE COST WHILE  ENSURING  SAFE  AND  RELIABLE  ELECTRIC  SERVICE.
SPECIFICALLY, THE COMMISSION SHALL:
  (A)  TO  THE  EXTENT PRACTICABLE, SPECIFY THAT A MINIMUM PERCENTAGE OF
ENERGY STORAGE PROJECTS SHOULD DELIVER CLEAN ENERGY BENEFITS INTO  NYISO
ZONES THAT SERVE DISADVANTAGED COMMUNITIES, AS DEFINED IN ARTICLE SEVEN-
TY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING LOW TO MODERATE
INCOME CONSUMERS, AND THAT ENERGY STORAGE PROJECTS BE DEPLOYED TO REDUCE
THE  USAGE  OF  COMBUSTION-POWERED PEAKING FACILITIES LOCATED IN OR NEAR
DISADVANTAGED COMMUNITIES;
  (B) IN PURSUING THE STATE'S SOLAR DEPLOYMENT GOALS, THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL CONSIDER ENHANCED INCEN-
TIVE PAYMENTS FOR SOLAR AND COMMUNITY DISTRIBUTED  GENERATION  PROJECTS,
FOCUSING  IN  PARTICULAR  BUT NOT LIMITED TO THOSE SERVING DISADVANTAGED
COMMUNITIES, AS DEFINED IN ARTICLE  SEVENTY-FIVE  OF  THE  ENVIRONMENTAL
CONSERVATION  LAW,  WHICH  RESULT  IN ENERGY COST SAVINGS OR DEMONSTRATE
COMMUNITY OWNERSHIP MODELS; AND,
  (C) IN THE ALLOCATION OF RATEPAYER FUNDS FOR CLEAN ENERGY, DIRECT  THE
NEW  YORK  STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND INVESTOR
OWNED UTILITIES TO DEVELOP AND REPORT METRICS  FOR  ENERGY  SAVINGS  AND
CLEAN  ENERGY  MARKET  PENETRATION IN THE LOW AND MODERATE INCOME MARKET
AND IN DISADVANTAGED COMMUNITIES, AS DEFINED IN ARTICLE SEVENTY-FIVE  OF
THE  ENVIRONMENTAL  CONSERVATION  LAW,  AND POST SUCH INFORMATION ON THE
AUTHORITY'S WEBSITE.
  § 5. This act shall be subject to current prevailing wage law.
  § 6. 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, in cooperation with the New York state ener-
gy research and development authority and the New York power  authority,
with input from relevant state agencies, the environmental justice advi-

S. 6599                            19                            A. 8429

sory  group as defined in section 75-0101 of the environmental conserva-
tion law, the climate  justice  working  group  as  defined  in  section
75-0111 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 barri-
ers to, and opportunities for, access to or community ownership  of  the
following services and commodities in disadvantaged communities as iden-
tified 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.
  § 7. 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,
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.

S. 6599                            20                            A. 8429

  §  8.  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  shall 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.
  § 9. 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.
  § 10. Nothing in this act shall limit  the  existing  authority  of  a
state  entity  to adopt and implement greenhouse gas emissions reduction
measures.
  § 11. 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.
  § 12. 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.
  § 13. 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.

S. 6599                            21                            A. 8429

  §  14.  This  act  shall  take effect on the same date and in the same
manner as a chapter of the laws  of  2019,  amending  the  environmental
conservation  law,  relating  to  establishing a permanent environmental
justice advisory group and an environmental justice interagency  coordi-
nating  council, as proposed in legislative bills numbers S. 2385 and A.
1564, takes effect; provided further, the provisions of section  75-0115
of  the  environmental  conservation law as added by section two of this
act shall take effect October 1, 2022.