Bill Text: NY A05346 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to global warming pollution control; establishes greenhouse gas limits and a greenhouse gas reporting system.

Spectrum: Partisan Bill (Democrat 38-1)

Status: (Engrossed - Dead) 2012-04-25 - REFERRED TO ENVIRONMENTAL CONSERVATION [A05346 Detail]

Download: New_York-2011-A05346-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5346--A
                                                               Cal. No. 182
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 16, 2011
                                      ___________
       Introduced  by  M. of A. SWEENEY, ORTIZ, WEISENBERG, COLTON, CYMBROWITZ,
         PEOPLES-STOKES, ZEBROWSKI, LUPARDO, JAFFEE, KAVANAGH, SCHIMEL, TITONE,
         GLICK, REILLY, LANCMAN, MILLMAN, GALEF, ENGLEBRIGHT, PAULIN, DINOWITZ,
         ROSENTHAL,  CAHILL,  GABRYSZAK,  FARRELL,  KELLNER,  LIFTON,   HEVESI,
         ABINANTI, P. RIVERA, MARKEY -- Multi-Sponsored by -- M. of A. BOYLAND,
         CASTELLI,  LATIMER,  LENTOL,  McENENY,  PERRY, THIELE -- read once and
         referred to the Committee on Environmental Conservation -- advanced to
         a third reading, amended and ordered reprinted, retaining its place on
         the order of third reading
       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 poses a serious threat
    2  to the economic well-being, public health, natural resources  and  envi-
    3  ronment  of  New  York.  The potential adverse impacts of global warming
    4  include the exacerbation of air quality problems,  a  reduction  in  the
    5  quality and supply of water to the state, a rise in sea levels resulting
    6  in the displacement of coastal businesses, residents and infrastructure,
    7  damage to marine ecosystems and the natural environment, and an increase
    8  in  the  incidences  of  infectious  diseases,  asthma,  and other human
    9  health-related problems.  Global warming will have  detrimental  effects
   10  on  some  of New York's largest industries, including agriculture, tour-
   11  ism, skiing, recreational and commercial fishing and forestry.
   12    The Intergovernmental Panel on Climate Change, awarded the 2007  Nobel
   13  Peace Prize, determined that burning coal, oil and gas has led to higher
   14  temperatures that are already impacting physical and biological systems.
   15  The  panel also projected temperatures would rise more rapidly if green-
   16  house gases are not abated. The panel concluded that reducing  emissions
   17  80  percent  below  current  emissions  by mid-century would prevent the
   18  worst impacts of global warming.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02916-04-2
       A. 5346--A                          2
    1    National and international actions are necessary to fully address  the
    2  issue  of  global  warming. Action taken by New York and other states to
    3  reduce emissions of greenhouse gases will have far-reaching  effects  by
    4  encouraging the federal government, and other countries to act including
    5  encouraging  the  development of sustainable, non-polluting technologies
    6  such as solar, wind, geothermal and ocean currents.
    7    S 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                      GLOBAL WARMING POLLUTION CONTROL
   11  SECTION 19-1301. SHORT TITLE.
   12          19-1303. DEFINITIONS.
   13          19-1305. GREENHOUSE GAS REPORTING.
   14          19-1307. GREENHOUSE GAS LIMITS.
   15  S 19-1301. SHORT TITLE.
   16    THIS TITLE MAY BE CITED AS THE "GLOBAL WARMING POLLUTION CONTROL ACT".
   17  S 19-1303. DEFINITIONS.
   18    WHEN USED IN THIS TITLE:
   19    1.  "GREENHOUSE  GAS"  MEANS  CARBON  DIOXIDE, METHANE, NITROUS OXIDE,
   20  HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
   21  GAS DETERMINED BY THE DEPARTMENT TO  BE  A  SIGNIFICANT  CONTRIBUTOR  TO
   22  GLOBAL WARMING.
   23    2.  "GREENHOUSE  GAS  EMISSION SOURCE" MEANS ANY SOURCE OR CATEGORY OF
   24  SOURCES OF GREENHOUSE GAS EMISSIONS AND SHALL INCLUDE, BUT NOT BE LIMIT-
   25  ED TO EMISSIONS:
   26    (A) ASSOCIATED WITH FOSSIL FUELS USED IN THE STATE  BY  ENTITIES  THAT
   27  ARE  MANUFACTURERS  AND DISTRIBUTORS OF FOSSIL FUELS, INCLUDING, BUT NOT
   28  LIMITED TO, OIL REFINERIES, OIL  STORAGE  FACILITIES,  AND  NATURAL  GAS
   29  PIPELINES;
   30    (B)  FROM ANY UTILITY GENERATING OR DELIVERING ELECTRICITY CONSUMED IN
   31  THE STATE, WHETHER THE ELECTRICITY IS GENERATED IN THE STATE, OR  GENER-
   32  ATED  OUTSIDE  THE STATE AND IMPORTED INTO THE STATE, AND ACCOUNTING FOR
   33  TRANSMISSION AND DISTRIBUTION LINE LOSSES; AND
   34    (C) FROM ANY ADDITIONAL  ENTITIES  THAT  ARE  EMITTERS  OF  GREENHOUSE
   35  GASES,  AS  DETERMINED  BY THE DEPARTMENT, AND APPROPRIATE TO ENABLE THE
   36  DEPARTMENT TO MONITOR COMPLIANCE WITH THE EMISSIONS  LIMITS  FOR  GREEN-
   37  HOUSE GASES ESTABLISHED PURSUANT TO THIS TITLE.
   38  S 19-1305. GREENHOUSE GAS REPORTING.
   39    1.  NO  LATER  THAN MAY 1, 2013, THE DEPARTMENT SHALL PROMULGATE RULES
   40  AND REGULATIONS REQUIRING ANNUAL GREENHOUSE GAS EMISSIONS REPORTING FROM
   41  GREENHOUSE GAS EMISSION SOURCES. THE REGULATIONS SHALL:
   42    (A) INCLUDE GREENHOUSE GAS EMISSIONS FROM ALL GREENHOUSE GAS  EMISSION
   43  SOURCES EXPRESSED IN TONS OF CARBON DIOXIDE EQUIVALENTS;
   44    (B)  ENSURE  RIGOROUS  AND  CONSISTENT  ACCOUNTING  OF  EMISSIONS, AND
   45  PROVIDE REPORTING TOOLS AND FORMATS TO ENSURE  COLLECTION  OF  NECESSARY
   46  DATA; AND
   47    (C)  ENSURE THAT EACH GREENHOUSE GAS EMISSION SOURCE MAINTAINS COMPRE-
   48  HENSIVE EMISSIONS RECORDS OF ANY GREENHOUSE GAS REPORTED  FOR  AT  LEAST
   49  FIVE YEARS.
   50    2. THE DEPARTMENT SHALL:
   51    (A) PERIODICALLY REVIEW AND UPDATE ITS EMISSION REPORTING REQUIREMENTS
   52  AT LEAST EVERY FIVE YEARS; AND
   53    (B) MAKE REASONABLE EFFORTS TO MAKE ITS REPORTING REGULATIONS CONSIST-
   54  ENT  WITH  INTERNATIONAL, FEDERAL AND OTHER STATES' GREENHOUSE GAS EMIS-
   55  SION REPORTING PROGRAMS.
       A. 5346--A                          3
    1    3. NO LATER THAN JANUARY 1, 2016, AND EVERY  THREE  YEARS  THEREAFTER,
    2  THE DEPARTMENT SHALL ISSUE A REPORT ON:
    3    (A)  THE ANNUAL GREENHOUSE GAS EMISSIONS FROM ALL GREENHOUSE GAS EMIS-
    4  SION SOURCES, INCLUDING THE RELATIVE CONTRIBUTION OF EACH GREENHOUSE GAS
    5  EMISSION SOURCE TO STATEWIDE GREENHOUSE GAS EMISSIONS; AND
    6    (B) THE PROGRESS MADE BY THE DEPARTMENT IN ACHIEVING THE  REQUIREMENTS
    7  OF SECTION 19-1307 OF THIS TITLE.
    8  S 19-1307. GREENHOUSE GAS LIMITS.
    9    1. NO LATER THAN JANUARY 1, 2015, THE DEPARTMENT, AFTER A PUBLIC HEAR-
   10  ING, SHALL PROMULGATE RULES AND REGULATIONS SETTING AN ENFORCEABLE LIMIT
   11  ON  THE  AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FROM ALL GREENHOUSE
   12  GAS EMISSION SOURCES PROVIDED; HOWEVER, THE AGGREGATE LIMIT SHALL NOT BE
   13  GREATER THAN THE AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FOR  CALEN-
   14  DAR YEAR 1990.
   15    2.  (A) ON JANUARY 1, 2020 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
   16  THIS SECTION SHALL BE REDUCED BY 20 PERCENT.
   17    (B) ON JANUARY 1, 2025 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
   18  THIS SECTION SHALL BE REDUCED BY 30 PERCENT.
   19    (C)  ON  JANUARY  1,  2030 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
   20  THIS SECTION SHALL BE REDUCED BY 40 PERCENT.
   21    (D) ON JANUARY 1, 2035 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
   22  THIS SECTION SHALL BE REDUCED BY 50 PERCENT.
   23    (E)  ON  JANUARY  1,  2040 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
   24  THIS SECTION SHALL BE REDUCED BY 60 PERCENT.
   25    (F) ON JANUARY 1, 2045 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
   26  THIS SECTION SHALL BE REDUCED BY 70 PERCENT.
   27    (G)  ON  JANUARY  1,  2050,  AND EACH YEAR THEREAFTER, THE LIMIT SHALL
   28  REMAIN AT 80 PERCENT BELOW THE LIMIT ESTABLISHED IN SUBDIVISION  ONE  OF
   29  THIS SECTION.
   30    3.  ANY RULE OR REGULATION THE COMMISSIONER ADOPTS TO COMPLY WITH THIS
   31  SECTION MUST:
   32    (A) NOT PLACE OR INCREASE AN ADDITIONAL ENVIRONMENTAL OR HEALTH BURDEN
   33  ON  A COMMUNITY THAT HAS A SIGNIFICANT LEVEL OF  REGULATED  AIR  CONTAM-
   34  INANT  SOURCE EMISSIONS WITHIN THE COMMUNITY AS COMPARED WITH THE COUNTY
   35  AVERAGE;
   36    (B) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS; AND
   37    (C) INCLUDE A PLAN TO THE EXTENT PRACTICABLE TO ADDRESS ADAPTATION  TO
   38  CLIMATE  CHANGE  INCLUDING  BUT  NOT  LIMITED TO TERRESTRIAL AND AQUATIC
   39  HABITATS, PLANTS AND  ANIMAL  SPECIES,  CONNECTIVITY  OF  HABITATS,  AND
   40  ECOSYSTEM  SERVICES  PROVIDED  BY  NATURAL  RESOURCES  INCLUDING BUT NOT
   41  LIMITED TO FLOOD CONTROL AND DRINKING WATER SUPPLY.
   42    S 3. This act shall take effect immediately.