STATE OF NEW YORK ________________________________________________________________________ 1413--A 2017-2018 Regular Sessions IN SENATE January 9, 2017 ___________ Introduced by Sens. ALCANTARA, CARLUCCI -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation -- recommitted to the Committee on Environmental Conser- vation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to global warming pollution control The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. Global warming and the resulting 2 extreme weather events pose a serious threat to the economic well-being, 3 public health, natural resources and environment of New York. 4 Extreme weather events have become increasingly common, with Super- 5 storm Sandy, and hurricanes Lee and Irene providing the most recent 6 examples. The potential adverse impacts of global warming include the 7 exacerbation of air quality problems, a reduction in the quality and 8 supply of fresh water to the state, a rise in sea levels resulting in 9 the displacement of coastal businesses, residents and infrastructure, 10 damage to marine ecosystems and the natural environment, and an increase 11 in the incidences of infectious diseases, asthma, and other human 12 health-related problems. Global warming will have detrimental effects 13 on some of New York's largest industries, including agriculture, fores- 14 try, tourism, skiing, and recreational and commercial fishing. 15 The Intergovernmental Panel on Climate Change, which received the 16 Nobel Peace Prize, determined that burning coal, oil and gas has led to 17 higher temperatures that are already impacting physical and biological 18 systems. The panel also projected temperatures would rise more rapidly 19 if greenhouse gases are not abated. The panel concluded that reducing 20 emissions 80 percent below current emissions by mid-century would 21 prevent the worst impacts of global warming. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07260-02-8S. 1413--A 2 1 Action taken by New York and other states to reduce emissions of 2 greenhouse gases will have far-reaching effects by encouraging the 3 federal government, and other countries to act including encouraging the 4 development of sustainable, non-polluting technologies such as solar, 5 wind, geothermal and ocean currents. 6 § 2. Article 19 of the environmental conservation law is amended by 7 adding a new title 13 to read as follows: 8 TITLE 13 9 GLOBAL WARMING POLLUTION CONTROL 10 Section 19-1301. Definitions. 11 19-1303. Greenhouse gas reporting. 12 19-1305. Greenhouse gas limits. 13 § 19-1301. Definitions. 14 When used in this title: 15 1. "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, 16 hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other 17 gas determined by the department to be a significant contributor to 18 global warming. 19 2. "Major greenhouse gas emission source" means any source or category 20 of sources of greenhouse gas emissions, determined by the department to 21 be capable of being monitored for compliance, and shall at a minimum 22 include emissions: 23 (a) associated with fossil fuels used in the state by entities that 24 are manufacturers, producers and/or distributors of fossil fuels, 25 including, but not limited to, oil refineries, oil storage facilities, 26 and natural gas pipelines; 27 (b) from any utility generating or delivering electricity consumed in 28 the state, whether the electricity is generated in the state, or gener- 29 ated outside the state and imported into the state, and accounting for 30 transmission and distribution line losses; 31 (c) stationary sources permitted pursuant to section 19-0311 of this 32 article; and 33 (d) from any additional entities that are emitters of greenhouse 34 gases, as determined by the department. 35 § 19-1303. Greenhouse gas reporting. 36 1. No later than May 1, 2019, the department shall promulgate rules 37 and regulations requiring annual greenhouse gas emissions reporting from 38 major greenhouse gas emission sources. The regulations shall: 39 (a) include greenhouse gas emissions from all major greenhouse gas 40 emission sources expressed in tons of carbon dioxide equivalents; 41 (b) ensure rigorous and consistent accounting of emissions, and 42 provide reporting tools and formats to ensure collection of necessary 43 data; and 44 (c) ensure that each major greenhouse gas emission source maintains 45 comprehensive emissions records of any greenhouse gas reported for at 46 least five years. 47 2. The department shall: 48 (a) periodically review and update its emission reporting requirements 49 at least every five years; and 50 (b) make reasonable efforts to make its reporting regulations consist- 51 ent with international, federal and other states' greenhouse gas emis- 52 sion reporting programs. 53 (c) provide compliance assistance to small businesses pursuant to the 54 provisions of sections 19-0313 and 19-0315 of this article.S. 1413--A 3 1 3. No later than January 1, 2022, and every three years thereafter, 2 the department shall issue a report on: 3 (a) the annual greenhouse gas emissions from all major greenhouse gas 4 emission sources, including the relative contribution of each major 5 greenhouse gas emission source to statewide greenhouse gas emissions; 6 and 7 (b) the progress made by the department in achieving the requirements 8 of section 19-1305 of this title. 9 § 19-1305. Greenhouse gas limits. 10 1. No later than January 1, 2020, the department, after a public hear- 11 ing, and consultation with representatives of business interests, commu- 12 nity organizations, environmental groups, municipal corporations and 13 other stakeholders, shall promulgate rules and regulations setting an 14 enforceable limit on the aggregate level of greenhouse gas emissions 15 from all greenhouse gas emission sources provided, however, the aggre- 16 gate limit shall not be greater than the aggregate level of greenhouse 17 gas emissions for calendar year 1990. 18 2. (a) On January 1, 2023 the limit established in subdivision one of 19 this section shall be reduced by 20 percent. 20 (b) On January 1, 2028 the limit established in subdivision one of 21 this section shall be reduced by 30 percent. 22 (c) On January 1, 2033 the limit established in subdivision one of 23 this section shall be reduced by 40 percent. 24 (d) On January 1, 2038 the limit established in subdivision one of 25 this section shall be reduced by 50 percent. 26 (e) On January 1, 2043 the limit established in subdivision one of 27 this section shall be reduced by 60 percent. 28 (f) On January 1, 2048 the limit established in subdivision one of 29 this section shall be reduced by 70 percent. 30 (g) On January 1, 2053, and each year thereafter, the limit shall 31 remain at 80 percent below the limit established in subdivision one of 32 this section. 33 3. Any rule or regulation the commissioner adopts to comply with the 34 provisions of this section shall: 35 (a) initially focus upon ensuring state facility compliance; 36 (b) not place or increase an additional environmental or health burden 37 on a community that has a significant level of regulated air contam- 38 inant source emissions within the community as compared with the county 39 average; 40 (c) be compatible with other emissions reductions programs; and 41 (d) include a plan to the extent practicable to address adaptation to 42 climate change including but not limited to terrestrial and aquatic 43 habitats, plants and animal species, connectivity of habitats, and 44 ecosystem services provided by natural resources including but not 45 limited to flood control and drinking water supply. 46 § 3. This act shall take effect immediately.