STATE OF NEW YORK ________________________________________________________________________ 2429 2017-2018 Regular Sessions IN SENATE January 13, 2017 ___________ 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, in relation to establishing a goal to reduce greenhouse gas emissions eighty percent by 2050 and preparing a climate action plan The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent and findings. Governor David A. Paterson 2 issued Executive Order No. 24 on August 6, 2009 entitled "Establishing a 3 Goal to Reduce Greenhouse Gas Emissions Eighty Percent by the Year 2050 4 and Preparing a Climate Action Plan." This Executive Order was continued 5 by Governor Andrew M. Cuomo. The purpose of this act is to codify Execu- 6 tive Order No. 24 that was issued August 6, 2009. 7 An emerging scientific consensus recognizes that the increased concen- 8 tration of carbon dioxide in the atmosphere, along with other heat-trap- 9 ping greenhouse gases, resulting from the combustion of fossil fuels and 10 other human sources, warms the planet and changes its climate. Many 11 scientists warn that unmitigated climate change is expected to result in 12 significant adverse impact to our communities, economy and environment. 13 According to the scientific assessments of the United Nations Intergov- 14 ernmental Panel on Climate Change, and other work, substantial 15 reductions in greenhouse gas emissions by mid-century have the potential 16 to minimize the most severe climate change impacts currently predicted. 17 The reduction of global warming and limitation of climate change 18 effects requires a collaborative, international effort to reduce the 19 emission of greenhouses gases around the globe. New York and other 20 states should work collaboratively with the federal government to devel- 21 op and implement plans and policies that will achieve reductions in 22 greenhouse gas emissions in the United States. Expanding and advancing 23 energy efficiency and renewable energy projects will reduce greenhouse 24 gas emissions and create new jobs. New York State has demonstrated EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07693-01-7S. 2429 2 1 leadership in this effort by undertaking various actions. It is appro- 2 priate to build upon the important environmental benefits obtained 3 through these actions and to establish a State-wide goal for the 4 reduction of greenhouse gases, and to develop a plan that enables New 5 York to participate fully in the national and international efforts to 6 combat climate change. 7 § 2. Article 19 of the environmental conservation law is amended by 8 adding a new title 13 to read as follows: 9 TITLE 13 10 CLIMATE ACTION COUNCIL 11 Section 19-1301. Climate action council. 12 § 19-1301. Climate action council. 13 1. It shall be a goal of the state of New York to reduce current 14 greenhouse gas emissions from all sources within the state eighty 15 percent below levels emitted in the year nineteen hundred ninety by the 16 year two thousand fifty. 17 2. There is hereby created a climate action council ("council") 18 consisting of the commissioners of agriculture and markets, economic 19 development, environmental conservation, housing and community renewal, 20 and transportation; the chairs of the public service commission and the 21 metropolitan transportation authority; the presidents of the New York 22 state energy research and development authority, Long Island power 23 authority, New York power authority and dormitory authority of the state 24 of New York; the secretary of state; the director of the budget; the 25 director of state operations; and the counsel to the governor. The 26 director of state operations shall serve as the chair of the council. 27 3. The council shall prepare a draft climate action plan on or before 28 September thirtieth, two thousand eighteen. The council shall hold 29 regional public comment hearings on the draft plan, and shall allow at 30 least sixty days for the submission of public comment. Thereafter, the 31 council shall prepare a final climate action plan which shall be 32 reviewed and, if warranted, adjusted annually by the council. 33 4. In aspiring to meet the greenhouse gas emission reduction goal, the 34 council, in preparing the climate action plan, shall: 35 a. inventory greenhouse gas emissions within the state, including the 36 relative contribution of each type of emission source; 37 b. identify and assess short-term and long-term actions to reduce 38 greenhouse gas emissions and adapt to climate change across all economic 39 sectors, including industry, transportation, agriculture, building 40 construction and energy production; 41 c. identify and analyze the anticipated reductions, and the economic 42 implications thereof, as a result of each action; 43 d. identify the anticipated life-cycle implications, consequences, 44 benefits and costs of implementing each action, including implications, 45 consequences, benefits and costs to the state, local governments, busi- 46 nesses and residents from implementation of each option and action; 47 e. identify whether such actions support New York's goals for clean 48 energy in the new economy, including specific short-term and long-term 49 economic development opportunities and disadvantages related to green- 50 house gas emission reductions and the development and deployment of new 51 and emerging technologies and energy sources; 52 f. coordinate its activities with the state energy planning process of 53 the state energy planning board; 54 g. identify existing legal, regulatory and policy constraints to 55 reducing greenhouse gas emissions, assessing the impacts of climateS. 2429 3 1 change, and adapting to climate change, and recommend ways to address 2 any such constraints; 3 h. establish estimated timelines for considering and implementing 4 actions; and 5 i. undertake such actions, and compile such additional material, as 6 deemed appropriate by the council in carrying out its responsibilities 7 under this section. 8 5. Members of the council may designate an executive staff member to 9 represent them and participate on the council on their behalf, subject 10 to the approval of the chair. A majority of the members of the council 11 shall constitute a quorum, and all actions and recommendations of the 12 council shall require approval of a majority of the total members or 13 their representatives. 14 6. The entities represented on the council are authorized to provide 15 the primary staff and other resources that are necessary for the council 16 to comply with this section. In addition, every other agency, depart- 17 ment, office, division and public authority of this state shall cooper- 18 ate with the council and furnish such information and assistance as the 19 council determines is reasonably necessary for it to comply with this 20 section. 21 7. The council may convene advisory panels to assist or advise it in 22 areas requiring special expertise or knowledge. 23 8. The climate action plan is not intended to be static, but rather a 24 dynamic and continually evolving strategy to assess and achieve the goal 25 of sustained reductions of greenhouse gas emissions. 26 § 3. This act shall take effect immediately.