NY State Senate Bill 2025-S2471

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2025	referred to environmental conservation

co-Sponsors

2025-S2471 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§75-0101, 75-0105 & 75-0109, En Con L; amd §66-p, Pub Serv L
Versions Introduced in 2023-2024 Legislative Session:: S6030

2025-S2471 (ACTIVE) - Summary

Relates to the state greenhouse gas emission accounting system; aligns the state accounting system with the Intergovernmental Panel on Climate Change (IPCC) accounting system.

2025-S2471 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2471

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the environmental conservation law and the public
service law, in relation to the state greenhouse gas emission accounting
system

 
PURPOSE OF THE BILL:

To align New York State's greenhouse gas emissions accounting system
with the federal standard of greenhouse gas emissions accounting, as
outlined by the Intergovernmental Panel on Climate Change (IPCC).

 
SUMMARY OF SPECIFIC PROVISIONS::

Section 1: Amends subdivision 2, paragraph e of subdivision 10 and
subdivision 13 of section 75-0101 of the Environmental Conservation Law
as added by Chapter 106 of the laws of 2019.

Section 2: Amends Section 75-0105 of the Environmental Conservation Law,

as added by Chapter 106 of the laws of 2019.

Section 3: Amends paragraph g and subparagraph ii of paragraph h of
subdivision 4 of section 75-0109 of the Environmental Conservation Law,
as added by Chapter 106 of the laws of 2019.

Section 4: Amends paragraph (b) of subdivision 1 of section 66-p of the
Public Service Law, as added by Chapter 106 of the laws of 2019.

Section 5: Effective date.

 
JUSTIFICATION::

The State's greenhouse gas (GHG) emissions account system is fundamen-
tally incompatible with the system adopted with the federal Inflation
Reduction Act (IRA). Specifically, it deviates from the IRA and the
Intergovernmental Panel on Climate Change (IPCC) based accounting
systems more broadly, in 3 ways: New York currently uses a 20 year
global warming potential (GWP) whereas the IRA uses a 100 year GWP; the
IRA requires full lifecycle assessment for both fossil and biogenic
pathways, whereas New York only requires this for imported fossil fuels;
and, the IRA tracks biogenic carbon dioxide (CO2) emissions but does not
count them towards total lifecycle emissions, whereas New York treats
biogenic CO2 emissions the same as fossil CO2 emissions by both tracking
and counting them towards the total.

This critical piece of legislation will reconcile the State's GHG
accounting methodology with the IRA by: adopting a 100 year GWP; requir-
ing that full life cycle assessments be conducted for fossil and biogen-
ic pathways without regard to place of origin; and, differentiating
between biogenic and fossil CO2 emissions by tracking them both but only
counting fossil CO2 emissions toward the State's total GHG inventory.

Clean energy investors and developers have expressed reluctance to
pursue initiatives in New York that would qualify for the IRA and other
federal IPCC-based incentive programs because the State's GHG accounting
systems incompatibility creates major compliance hurdles that do not
exist in the other states where these investors and developers will
likely to gravitate. Correcting the State's GHG accounting provisions to
harmonize them with the IRA will allow New York to access recurring
federal incentives for decarbonization with a combined annual value
greater than $9 billion, extended Investment Tax Credits valued at
approximately $1 billion, and tens of thousands of new full-time employ-
ment positions, primarily in construction and operations, that would be
covered by the IRA's prevailing wage and apprenticeship requirements.

In addition, continued use of the State's current GHG accounting system
will substantially increase the costs of reducing GHG emissions compared
to the federal system; costs that will primarily be borne by New York
ratepayers and consumers. Finally, this legislation will facilitate the
use of clean fuels in the State, resulting in significant near-term GHG
emissions reductions and will avoid the need and associated costs for a
portion of the anticipated grid buildout to meet the State's decarboni-
zation goals.

 
LEGISLATIVE HISTORY::

2023-2024: S6030- REFERRED TO ENVIRONMENTAL CONSERVATION

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::

Positive impact in the State's ability to access federal funding.

 
EFFECTIVE DATE::

This act shall take effect immediately.

2025-S2471 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2471
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2025
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  and  the  public
   service law, in relation to the state greenhouse gas emission account-
   ing system

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2, paragraph e of subdivision 10  and  subdivi-
 sion  13  of  section  75-0101 of the environmental conservation law, as
 added by chapter 106 of the  laws  of  2019,  are  amended  to  read  as
 follows:
   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] ONE HUNDRED-
 YEAR time frame after emission.
   e. Anaerobic digesters[, where  energy  produced  is  directed  toward
 localized use];
   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 GREENHOUSE GASES PRODUCED OUTSIDE THE STATE THAT ARE ASSOCIATED WITH
 the extraction and transmission of fossil fuels imported into the state.
 Statewide  emissions shall be expressed in tons of carbon dioxide equiv-
 alents ON A FULL LIFE-CYCLE BASIS UTILIZING THE  ARGONNE  GREET  (GREEN-
 HOUSE  GASES, REGULATED EMISSIONS, AND ENERGY USE IN TECHNOLOGIES) MODEL
 FOR ALL SYSTEMS RESULTING IN 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. Section 75-0105 of the environmental conservation law,  as  added
 by chapter 106 of the laws of 2019, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06500-01-5

 S. 2471                             2
 
 § 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] ON A FULL LIFE-CYCLE BASIS UTILIZING THE ARGONNE
 GREET (GREENHOUSE GASES, REGULATED EMISSIONS, AND ENERGY USE IN TECHNOL-
 OGIES) MODEL FOR ALL SYSTEMS RESULTING IN greenhouse gas emission sourc-
 es 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
 limited 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] 3 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 AND WITH THE PRODUCTION AND TRANSMISSION OF BIOFUELS imported into
 the state which shall be counted as part of the statewide total.
   4. Within one year after the  effective  date  of  this  article,  the
 department  shall consider establishing a mandatory registry and report-
 ing system from individual sources to  obtain  data  on  greenhouse  gas
 emissions  exceeding a particular threshold. If established, such regis-
 try and reporting system shall apply a consistent reporting threshold to
 ensure the unbiased collection of data.
   5. The statewide greenhouse gas emissions report shall also include an
 estimate of what the statewide greenhouse gas  emissions  level  was  in
 1990.
   6.  The  statewide  greenhouse gas emissions report shall utilize best
 available science and methods of analysis, including the comparison  and
 reconciliation of emission estimates from all sources, fuel consumption,
 field data, and peer-reviewed research.
   7.  IN ACCORDANCE WITH INTERNATIONALLY ACCEPTED BEST PRACTICES, CARBON
 DIOXIDE EMISSIONS FROM THE COMBUSTION OF SUSTAINABLE BIOMASS AND  BIOFU-
 ELS  SHALL  NOT BE COUNTED TOWARD THE STATEWIDE GREENHOUSE GAS EMISSIONS
 LIMITS PURSUANT TO SECTION 75-0107 OF THIS ARTICLE.
   8. 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.
 S. 2471                             3

   [8.] 9. 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.
   §  3.  Paragraph g and subparagraph ii of paragraph h of subdivision 4
 of section 75-0109 of the environmental conservation law,  as  added  by
 chapter 106 of the laws of 2019, are amended to read as follows:
   g. The following types of projects shall be prohibited:
   i.  waste-to-energy  projects, including incineration and pyrolysis OF
 FOSSIL FUEL PRODUCTS; and
   ii. biofuels used for energy or transportation purposes.
   ii. be located in the same  county,  [and  within  twenty-five  linear
 miles, of the source of emissions,] to the extent practicable;
   §  4.  Paragraph  (b)  of  subdivision 1 of section 66-p of the public
 service law, as amended by section 3 of part QQ of  chapter  56  of  the
 laws of 2023, is amended to read as follows:
   (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, ANAEROBIC DIGESTION, FOREST BIOPOWER THAT IS  OPERATIONAL
 AS  OF  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, and fuel cells
 which do not utilize a fossil fuel resource in the process of generating
 electricity.
   § 5. This act shall take effect immediately.

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Senate Bill S2471

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

Actions

co-Sponsors

2025-S2471 (ACTIVE) - Details

2025-S2471 (ACTIVE) - Summary

2025-S2471 (ACTIVE) - Sponsor Memo

2025-S2471 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Environmental Conservation Committee

Actions

co-Sponsors

Robert Jackson

2025-S2471 (ACTIVE) - Details

2025-S2471 (ACTIVE) - Summary

2025-S2471 (ACTIVE) - Sponsor Memo

2025-S2471 (ACTIVE) - Bill Text download pdf

Comments