STATE OF NEW YORK ________________________________________________________________________ 2878--B 2019-2020 Regular Sessions IN SENATE January 30, 2019 ___________ Introduced by Sens. SANDERS, BIAGGI, COMRIE, MAY, PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to establish a Green New Deal for New York task force; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. 1. The legislature recog- 2 nizes the duty of the New York state government to create a Green New 3 Deal for New York. An October 2018 report entitled "Special Report on 4 Global Warming of 1.5°C" by the Intergovernmental Panel on Climate 5 Change and the November 2018 Fourth National Climate Assessment report 6 found that: 7 (a) human activity is the dominant cause of observed climate change 8 over the past century; 9 (b) a changing climate is causing sea levels to rise and an increase 10 in wildfires, severe storms, droughts, and other extreme weather events 11 that threaten human life, healthy communities, and critical infrastruc- 12 ture; 13 (c) global warming at or above 2 degrees Celsius beyond preindustrial- 14 ized levels will cause: 15 (i) mass migration from the regions most affected by climate change; 16 (ii) more than $500,000,000,000 in lost annual economic output in the 17 United States by the year 2100; 18 (iii) wildfires that, by 2050, will annually burn at least twice as 19 much forest area in the western United States than was typically burned 20 by wildfires in the years preceding 2019; 21 (iv) a loss of more than 99 percent of all coral reefs on earth; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07108-04-9S. 2878--B 2 1 (v) more than 350,000,000 more people to be exposed globally to deadly 2 heat stress by 2050; and 3 (vi) a risk of damage to $1,000,000,000,000 of public infrastructure 4 and coastal real estate in the United States; and 5 (d) global temperatures must be kept below 1.5 degrees Celsius above 6 preindustrialized levels to avoid the most severe impacts of a changing 7 climate, which will require: 8 (i) global reductions in greenhouse gas emissions from human sources 9 of 40 to 60 percent from 2010 levels by 2030; and 10 (ii) net-zero global emissions by 2050. 11 2. As the United States, including New York, has historically been 12 responsible for a disproportionate amount of greenhouse gas emissions, 13 having emitted 20 percent of global greenhouse gas emissions through 14 2014, and has a high technological capacity, the United States and New 15 York must take a leading role in reducing emissions through economic 16 transformation. 17 3. The United States is currently experiencing several related crises, 18 with: 19 (a) life expectancy declining while basic needs, such as clean air, 20 clean water, healthy food, and adequate health care, housing, transpor- 21 tation, and education, are inaccessible to a significant portion of the 22 United States population; 23 (b) a 4-decade trend of wage stagnation, deindustrialization, and 24 antilabor policies that has led to: 25 (i) hourly wages overall stagnating since the 1970's despite increased 26 worker productivity; 27 (ii) the third-worst level of socioeconomic mobility in the developed 28 world before the Great Recession; 29 (iii) the erosion of the earning and bargaining power of workers in 30 the United States; and 31 (iv) inadequate resources for public sector workers to confront the 32 challenges of climate change at local, state, and federal levels; and 33 (c) the greatest income inequality since the 1920's, with: 34 (i) the top 1 percent of earners accruing 91 percent of gains in the 35 first few years of economic recovery after the Great Recession; 36 (ii) a large racial wealth divide amounting to a difference of 20 37 times more wealth between the average white family and the average black 38 family; and 39 (iii) a gender earnings gap that results in women earning approximate- 40 ly 80 percent as much as men, at the median. 41 4. Climate change, pollution, and environmental destruction have 42 exacerbated systemic racial, regional, social, environmental, and 43 economic injustices (hereinafter referred to as "systemic injustices") 44 by disproportionately affecting indigenous peoples, communities of 45 color, migrant communities, deindustrialized communities, depopulated 46 rural communities, the poor, low-income workers, women, the elderly, the 47 unhoused, people with disabilities, and youth (hereinafter referred to 48 as "frontline and vulnerable communities"). 49 5. Climate change constitutes a direct threat to the national security 50 of the United States: 51 (a) by impacting the economic, environmental, and social stability of 52 countries and communities around the world; and 53 (b) by acting as a threat multiplier. 54 6. The federal government-led mobilizations during World War II and 55 the New Deal created the greatest middle class that the United States 56 has ever seen, but many members of frontline and vulnerable communitiesS. 2878--B 3 1 were excluded from many of the economic and societal benefits of those 2 mobilizations. 3 7. The New York state government recognizes that a new national, 4 social, industrial, and economic mobilization on a scale not seen since 5 World War II and the New Deal era is a historic opportunity: 6 (a) to create millions of good, high-wage jobs in New York state; 7 (b) to provide unprecedented levels of prosperity and economic securi- 8 ty for all people of New York state; and 9 (c) to counteract systemic injustices. 10 8. Now, therefore, be it resolved that it is the sense of the New York 11 state legislature that: 12 (a) it is the duty of the New York state government to create a Green 13 New Deal: 14 (i) to achieve net-zero greenhouse gas emissions through a fair and 15 just transition for all communities and workers; 16 (ii) to create millions of good, high-wage jobs and ensure prosperity 17 and economic security for all people of New York state; 18 (iii) to invest in the infrastructure and industry of New York state 19 to sustainably meet the challenges of the twenty-first century; 20 (iv) to secure for all people of New York state for generations to 21 come: 22 (A) clean air and water; 23 (B) climate and community resiliency; 24 (C) healthy food; 25 (D) access to nature; and 26 (E) a sustainable environment; and 27 (v) to promote justice and equity by stopping current, preventing 28 future, and repairing historic oppression of frontline and vulnerable 29 communities; 30 (b) the goals described in clauses (A) through (E) of subparagraph 31 (iv) of paragraph (a) of this subdivision (hereinafter referred to as 32 "Green New Deal for New York goals") should be accomplished through a 33 10-year national mobilization (hereinafter referred to as "Green New 34 Deal mobilization") that will require the following goals and projects: 35 (i) building resiliency against climate change-related disasters, such 36 as extreme weather, including by leveraging funding and providing 37 investments for community-defined projects and strategies; 38 (ii) repairing and upgrading the infrastructure in New York state, 39 including: 40 (A) by eliminating pollution and greenhouse gas emissions as much as 41 technologically feasible; 42 (B) by guaranteeing universal access to clean water; 43 (C) by reducing the risks posed by climate impacts; and 44 (D) by ensuring that any infrastructure bill considered by New York 45 state government addresses climate change; 46 (iii) meeting 100 percent of the power demand in New York state 47 through clean, renewable, and zero-emission energy sources, including: 48 (A) by dramatically expanding and upgrading renewable power sources; 49 and 50 (B) by deploying new capacity; 51 (iv) building or upgrading to energy-efficient, distributed, and 52 "smart" power grids, and ensuring affordable access to electricity; 53 (v) upgrading all existing buildings in New York state and building 54 new buildings to achieve maximum energy efficiency, water efficiency, 55 safety, affordability, comfort, and durability, including through elec- 56 trification;S. 2878--B 4 1 (vi) spurring massive growth in clean manufacturing in New York state 2 and removing pollution and greenhouse gas emissions from manufacturing 3 and industry as much as is technologically feasible, including by 4 expanding renewable energy manufacturing and investing in existing manu- 5 facturing and industry; 6 (vii) working collaboratively with farmers and ranchers in New York 7 state to remove pollution and greenhouse gas emissions from the agricul- 8 tural sector as much as is technologically feasible, including: 9 (A) by supporting family farming; 10 (B) by investing in sustainable farming and land use practices that 11 increase soil health; and 12 (C) by building a more sustainable food system that ensures universal 13 access to healthy food; 14 (viii) overhauling transportation systems in New York state to remove 15 pollution and greenhouse gas emissions from the transportation sector as 16 much as is technologically feasible, including through investment in: 17 (A) zero-emission vehicle infrastructure and manufacturing; 18 (B) clean, affordable, and accessible public transit; and 19 (C) high-speed rail; 20 (ix) mitigating and managing the long-term adverse health, economic, 21 and other effects of pollution and climate change, including by provid- 22 ing funding for community-defined projects and strategies; 23 (x) removing greenhouse gases from the atmosphere and reducing 24 pollution by restoring natural ecosystems through proven low-tech 25 solutions that increase soil carbon storage, such as land preservation 26 and afforestation; 27 (xi) restoring and protecting threatened, endangered, and fragile 28 ecosystems through locally appropriate and science-based projects that 29 enhance biodiversity and support climate resiliency; 30 (xii) cleaning up existing hazardous waste and abandoned sites, ensur- 31 ing economic development and sustainability on those sites; 32 (xiii) identifying other emission and pollution sources and creating 33 solutions to remove them; and 34 (xiv) promoting the international exchange of technology, expertise, 35 products, funding, and services, with the aim of making New York state 36 the international leader on climate action, and to help other countries 37 achieve a Green New Deal; 38 (c) a Green New Deal for New York must be developed through transpar- 39 ent and inclusive consultation, collaboration, and partnership with 40 frontline and vulnerable communities, labor unions, worker cooperatives, 41 civil society groups, academia, and businesses; and 42 (d) to achieve the Green New Deal for New York goals and mobilization, 43 a Green New Deal for New York will require the following goals and 44 projects: 45 (i) providing and leveraging, in a way that ensures that the public 46 receives appropriate ownership stakes and returns on investment, 47 adequate capital, including through community grants, public banks, and 48 other public financing, technical expertise, supporting policies, and 49 other forms of assistance to communities, organizations, federal, state, 50 and local government agencies, and businesses working on the Green New 51 Deal for New York mobilization; 52 (ii) ensuring that New York state government takes into account the 53 complete environmental and social costs and impacts of emissions 54 through: 55 (A) existing laws; 56 (B) new policies and programs; andS. 2878--B 5 1 (C) ensuring that frontline and vulnerable communities shall not be 2 adversely affected; 3 (iii) providing resources, training, and high-quality education, 4 including higher education, to all people of New York state, with a 5 focus on frontline and vulnerable communities, so that all people of New 6 York state may be full and equal participants in the Green New Deal for 7 New York mobilization; 8 (iv) making public investments in the research and development of new 9 clean and renewable energy technologies and industries; 10 (v) directing investments to spur economic development, deepen and 11 diversify industry and business in local and regional economies, and 12 build wealth and community ownership, while prioritizing high-quality 13 job creation and economic, social, and environmental benefits in front- 14 line and vulnerable communities, and deindustrialized communities, that 15 may otherwise struggle with the transition away from greenhouse gas 16 intensive industries; 17 (vi) ensuring the use of democratic and participatory processes that 18 are inclusive of and led by frontline and vulnerable communities and 19 workers to plan, implement, and administer the Green New Deal for New 20 York mobilization at the local level; 21 (vii) ensuring that the Green New Deal for New York mobilization 22 creates high-quality union jobs that pay prevailing wages, hires local 23 workers, offers training and advancement opportunities, and guarantees 24 wage and benefit parity for workers affected by the transition; 25 (viii) guaranteeing a job with a family-sustaining wage, adequate 26 family and medical leave, paid vacations, and retirement security to all 27 people of New York state; 28 (ix) strengthening and protecting the right of all workers to organ- 29 ize, unionize, and collectively bargain free of coercion, intimidation, 30 and harassment; 31 (x) strengthening and enforcing labor, workplace health and safety, 32 antidiscrimination, and wage and hour standards across all employers, 33 industries, and sectors; 34 (xi) enacting and enforcing trade rules, procurement standards, and 35 border adjustments with strong labor and environmental protections: 36 (A) to stop the transfer of jobs and pollution overseas; and 37 (B) to grow domestic manufacturing in New York state; 38 (xii) ensuring that public lands, waters, and oceans are protected and 39 that eminent domain is not abused; 40 (xiii) obtaining the free, prior, and informed consent of indigenous 41 peoples for all decisions that affect indigenous peoples and their 42 traditional territories, honoring all treaties and agreements with 43 indigenous peoples, and protecting and enforcing the sovereignty and 44 land rights of indigenous peoples; 45 (xiv) ensuring a commercial environment where every businessperson is 46 free from unfair competition and domination by domestic or international 47 monopolies; and 48 (xv) providing all people of New York state with: 49 (A) high-quality health care; 50 (B) affordable, safe, and adequate housing; 51 (C) economic security; and 52 (D) clean water, clean air, healthy and affordable food, and access to 53 nature. 54 § 2. Green New Deal for New York task force. 1. There shall be a task 55 force for a Green New Deal for New York which shall consist of the 56 following nineteen voting members: three members appointed by theS. 2878--B 6 1 governor, one of which shall serve as the chair of the task force; pres- 2 ident of the New York state energy research and development authority, 3 or his or her designee; the chair of the public service commission, or 4 his or her designee; the commissioner of environmental conservation; or 5 his or her designee; president of empire state development or his or her 6 designee; the commissioner of transportation, or his or her designee; 7 the commissioner of health, or his or her designee; and the commissioner 8 of agriculture and markets, or his or her designee; the president of the 9 New York state AFL-CIO or his or her designee; the three members 10 appointed by the temporary president of the senate, one of whom shall be 11 a representative from the private sector; three members appointed by the 12 speaker of the assembly, one of whom shall be a representative from the 13 private sector; one member appointed by the minority leader of the 14 senate; and one member appointed by the minority leader of the assembly; 15 and in consultation with the following and other relevant state agen- 16 cies, public authorities, local governments, the federal government and 17 non-governmental organizations: the department of health, the department 18 of labor, the department of state, the division of homeland security and 19 emergency services, the power authority of the state of New York, the 20 Long Island power authority, the department of taxation and finance, the 21 metropolitan transportation authority, the state university of New York, 22 the city university of New York, the New York independent system opera- 23 tor, and others. 24 2. No member of the task force shall be disqualified from holding any 25 public office or employment, nor shall he or she forfeit any such office 26 of employment by virtue of his or her appointment pursuant to this 27 section. 28 3. Members of the task force shall receive no compensation for their 29 services, but shall be allowed their actual and necessary expenses 30 incurred in the performance of their functions pursuant to this section. 31 4. The task force shall hold at least five public hearings. To the 32 extent practicable, such hearings shall be held in different regions of 33 the state. During the public hearings, the task force shall hear the 34 testimony of voluntary witnesses. 35 5. The task force shall develop a detailed statewide, industrial, 36 economic mobilization plan (hereinafter referred to as the "plan for a 37 Green New Deal for New York" or the "plan") for the transition of the 38 New York economy to become greenhouse gas emissions neutral by 2030, or 39 as soon as feasible, by eliminating pollution and greenhouse gas emis- 40 sions as much as technologically feasible, by transitioning rapidly to 41 clean renewable energy technologies and to significantly draw down 42 greenhouse gases from the atmosphere and oceans and to promote economic 43 and environmental justice and equality. In furtherance of the foregoing, 44 the plan shall: 45 (a) be prepared in consultation with experts and leaders from busi- 46 ness, labor, state and local governments, tribal nations, academia and 47 broadly representative civil society groups and communities; 48 (b) be driven by the state government, in collaboration, co-creation 49 and partnership with business, labor, local governments, tribal nations, 50 research institutions and civil society groups and communities, and the 51 federal government; 52 (c) be executed in no longer than 10 years from the start of execution 53 of such plan; 54 (d) provide opportunities for high income work, entrepreneurship and 55 cooperative and public ownership; andS. 2878--B 7 1 (e) additionally, be responsive to, and in accordance with, the goals 2 and guidelines relating to social, economic, racial, regional and 3 gender-based justice and equality. 4 6. In addition to preparing the plan, the task force shall prepare 5 draft legislation for the enactment of the plan in accordance with this 6 section. Such draft legislation may be prepared concurrently with the 7 development of the plan, or as the task force may otherwise deem appro- 8 priate, provided that such finalized draft legislation shall be 9 completed in accordance with the timing set forth in subparagraph (ii) 10 of paragraph (b) of subdivision 9 of this section. 11 7. The task force shall have the authority to investigate, study, make 12 findings, convene experts and leaders from industry, academia, local 13 communities, labor, finance, environmental justice, technology and any 14 other industry or group that the select committee deems to be a relevant 15 resource. The task force may, at its discretion and as its members may 16 deem appropriate, hold public hearings in connection with any aspect of 17 its investigative functions. 18 8. To enable the task force to carry out the purposes of this article, 19 the task force will use existing staff and resources from appropriate 20 agencies. 21 9. (a) The task force shall submit a preliminary report on the plan to 22 the governor, senate and assembly and online for the public by September 23 1, 2019 and as it deems appropriate from time to time the results of its 24 investigations and studies, together with such detailed findings and 25 interim recommendations or proposed plan or draft legislation, or 26 portion thereof, as it may deem advisable. 27 (b)(i) The task force shall complete the plan for a Green New Deal for 28 New York and issue a report to the governor, the temporary president of 29 the senate, and the speaker of the assembly by a date no later than 30 January 1, 2020. 31 (ii) The task force shall complete the finalized draft legislation and 32 submit it to the governor, the temporary president of the senate, and 33 the speaker of the assembly by a date no later than the date that is 90 34 calendar days after the task force has completed the plan and, in any 35 event, no later than March 1, 2020. 36 (iii) The task force shall ensure that the plan and the draft legis- 37 lation prepared in accordance with this section shall, upon completion 38 be made available to the general public in widely accessible formats 39 including, but not limited to, via at least one dedicated website and a 40 print publication, by a date no later than 30 calendar days following 41 the respective dates for completion. 42 10. (a) The plan for a Green New Deal and the draft legislation shall 43 be developed with the objective of reaching the following outcomes with- 44 in the target window of 10 years from the start of execution of the 45 plan: 46 (i) dramatically expand existing renewable power sources and deploy 47 new production capacity with the goal of meeting 100 percent of New York 48 state power demand through clean renewable sources; 49 (ii) building a statewide, energy-efficient, "smart" grid; 50 (iii) upgrading every residential and industrial building for state- 51 of-the-art energy efficiency, comfort and safety; 52 (iv) eliminating greenhouse gas emissions from the manufacturing, 53 agricultural and other industries, including by investing in local-scale 54 agriculture in communities across the state;S. 2878--B 8 1 (v) eliminating greenhouse gas emissions from, repairing and improving 2 transportation and other infrastructure, and upgrading water infrastruc- 3 ture to ensure universal access to clean water; 4 (vi) funding massive investment in the drawdown of greenhouse gases; 5 (vii) making "green" technology, industry, expertise, products and 6 services a major export of New York state, with the aim of becoming the 7 undisputed international leader in helping other states and countries 8 transition to completely greenhouse gas neutral economies and bringing 9 about a global Green New Deal; and 10 (viii) explain how these actions will be financed and what the econom- 11 ic impact will be if we take these actions and if we do not take these 12 actions. 13 (b) The plan for a Green New Deal and the draft legislation shall 14 recognize that a state, industrial, economic mobilization of this scope 15 and scale is a historic opportunity to virtually eliminate poverty in 16 New York state and to make prosperity, wealth and economic security 17 available to everyone participating in the transformation. In further- 18 ance of the foregoing, the plan and the draft legislation shall: 19 (i) provide all members of our society, across all regions and all 20 communities, the opportunity, training and education to be a full and 21 equal participant in the transition, including through a job guarantee 22 program to assure a living wage job to every person who wants one; 23 (ii) diversify local and regional economies, with a particular focus 24 on communities where the fossil fuel industry holds significant control 25 over the labor market, to ensure workers have the necessary tools, 26 opportunities, and economic assistance to succeed during the energy 27 transition; 28 (iii) require strong enforcement of labor, workplace safety, and wage 29 standards that recognize the rights of workers to organize and unionize 30 free of coercion, intimidation, and harassment, and creation of meaning- 31 ful, quality, career employment; 32 (iv) ensure a 'just transition' for all workers, low-income communi- 33 ties, communities of color, indigenous communities, rural and urban 34 communities and the front-line communities most affected by climate 35 change, pollution and other environmental harm including by ensuring 36 that local implementation of the transition is led from the community 37 level and by prioritizing solutions that end the harms faced by front- 38 line communities from climate change and environmental pollution; 39 (v) protect and enforce sovereign rights and land rights of tribal 40 nations; 41 (vi) mitigate deeply entrenched racial, regional and gender-based 42 inequalities in income and wealth including, but not limited to, ensur- 43 ing that state and other investment will be equitably distributed to 44 historically impoverished, low income, deindustrialized or other margi- 45 nalized communities in such a way that builds wealth and ownership at 46 the community level; 47 (vii) include additional measures such as basic income programs, 48 universal health care programs and any others as the task force may deem 49 appropriate to promote economic security, labor market flexibility and 50 entrepreneurism; 51 (viii) deeply involve state and local labor unions to take a leader- 52 ship role in the process of job training and worker deployment; and 53 (ix) explain how these actions will be financed and what the economic 54 impact will be if these actions are taken and if these actions are not 55 taken.S. 2878--B 9 1 (c) The plan for a Green New Deal and the draft legislation shall 2 recognize that innovative public and other financing structures are a 3 crucial component in achieving and furthering the goals and guidelines 4 relating to social, economic, racial, regional and gender-based justice 5 and equality and cooperative and public ownership. The plan and the 6 draft legislation shall, accordingly, ensure that the majority of 7 financing of the plan shall be accomplished by the state government, 8 using a combination of a new public bank or a system of regional and 9 specialized public banks, public venture funds and such other vehicles 10 or structures that the task force deems appropriate, in order to ensure 11 that interest and other investment returns generated from public invest- 12 ments made in connection with the plan will be returned to the state, 13 reduce taxpayer burden and allow for more investment. 14 § 3. This act shall take effect immediately and shall expire and be 15 deemed repealed April 1, 2020.