Senate Bill S918

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    918
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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

   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.
              

                                                            LBD05922-01-1

 S. 918                              2
 
   (E) ON NOVEMBER TWENTY-THIRD, TWO THOUSAND EIGHTEEN, THE UNITED STATES
 FOURTH  NATIONAL  CLIMATE  ASSESSMENT ("NCA4") WAS RELEASED AND DETAILED
 THE MASSIVE THREAT THAT CLIMATE CHANGE POSES TO  THE  AMERICAN  ECONOMY,
 OUR  ENVIRONMENT  AND  CLIMATE  STABILITY,  AND UNDERSCORES THE NEED FOR
 IMMEDIATE 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;
   (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,  THE FOLLOWING RECORDS HAVE BEEN MADE ACCORDING TO NASA
 AND THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA):    NINE-
 TEEN  OF  THE  LAST  TWENTY  YEARS HAVE BEEN THE HOTTEST YEARS; THE PAST
 DECADE WAS THE WORLD'S HOTTEST; 2019 WAS THE SECOND  HOTTEST  YEAR;  AND
 THE PAST FIVE YEARS EACH RANK AMONG THE FIVE HOTTEST ON RECORD;
   (J)  IN NOVEMBER TWO THOUSAND NINETEEN, THE UNITED NATIONS ENVIRONMENT
 PROGRAM RELEASED THE EMISSIONS GAP REPORT WHICH CONCLUDED THAT TO  MAIN-
 TAIN  RELATIVELY  SAFE  LIMITS,  GLOBAL  GREENHOUSE  GAS  EMISSIONS MUST
 DECLINE SIGNIFICANTLY, BY 7.6 PERCENT EVERY YEAR, BETWEEN  TWO  THOUSAND
 TWENTY  AND  TWO  THOUSAND  THIRTY; GLOBAL GREENHOUSE GAS EMISSIONS HAVE
 INCREASED BY 1.5 PERCENT EVERY YEAR OVER THE LAST DECADE;
   (K) 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;
   (L) 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;
   (M)  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;
   (N) 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
   (O) 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.

 S. 918                              3
 
   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.
   (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.  This act shall take effect immediately.