S T A T E O F N E W Y O R K
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2835
2021-2022 Regular Sessions
I N S E N A T E
January 25, 2021
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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
declaring a climate emergency and placing a ban on new 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-
FORMATION OF EVERY SECTOR OF THE GLOBAL ECONOMY OVER THE NEXT TWELVE
YEARS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05256-01-1
S. 2835 2
(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:
(A) CONVERT THE ECONOMY TO NET ZERO GREENHOUSE GAS EMISSIONS AS QUICK-
LY AS POSSIBLE.
S. 2835 3
(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
BAN ON NEW FOSSIL FUEL INFRASTRUCTURE
SECTION 23-2901. BAN ON NEW FOSSIL FUEL INFRASTRUCTURE.
§ 23-2901. BAN ON NEW 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,
NATURAL GAS COMPRESSOR STATION, OR ANCILLARY FACILITIES USED TO MOVE
FOSSIL FUEL FROM ONE LOCATION TO ANOTHER, SUCH AS A NATURAL GAS OR OIL
S. 2835 4
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 BAN SHALL NOT APPLY TO USES AND FACILITIES NECESSARY TO
ADDRESS A BONA FIDE IMMINENT THREAT TO PUBLIC HEALTH, SAFETY AND
WELFARE. THIS BAN SHALL ALSO NOT APPLY TO USES AND FACILITIES NECESSARY
FOR PUBLIC SAFETY, INCLUDING, BUT NOT LIMITED TO, POLICE, FIRE AND
RESCUE AGENCIES.
4. A BAN SHALL BE ESTABLISHED ON ANY AND ALL NEW FOSSIL FUEL INFRAS-
TRUCTURE PROJECTS INCLUDING AS IT RELATES TO THE DISTRIBUTION, PROCESS-
ING, STORAGE, OR EXTRACTION OF FOSSIL FUELS. NO NEW PERMITS, LICENSES,
OR ANY FORM OF PERMISSION SHALL BE GRANTED FOR ANY NEW FOSSIL FUEL
INFRASTRUCTURE PROJECT NOR SHALL ANY FUNDING, INVESTMENT, OR ANY OTHER
FINANCIAL ASSISTANCE BE GRANTED TO ANY NEW 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 BAN SHALL APPLY TO THE ENTIRETY OF THE
STATE INCLUDING ALL DEPARTMENTS, AGENCIES, OFFICES, MUNICIPALITIES, AND
ANY OTHER GOVERNMENTAL BODY.
5. THE BAN SHALL BE LIFTED UPON AN ACT OF THE LEGISLATURE.
§ 3. This act shall take effect immediately.
