Bill Text: NY A05399 | 2019-2020 | General Assembly | Amended

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

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Bill Title: Declares a climate emergency and places a ban on fossil fuel infrastructure projects but shall not apply to repair or maintenance of existing infrastructure.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2020-01-08 - referred to environmental conservation [A05399 Detail]

Download: New_York-2019-A05399-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5399--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2019
                                       ___________
        Introduced by M. of A. CARROLL, COLTON, ARROYO, SIMON, PICHARDO, D'URSO,
          ORTIZ,  GRIFFIN -- read once and referred to the Committee on Environ-
          mental Conservation -- committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the environmental conservation law, in relation to plac-
          ing a moratorium on fossil fuel infrastructure
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Article 23 of the environmental conservation law is amended
     2  by adding a new title 29 to read as follows:
     3                                   TITLE 29
     4                  MORATORIUM ON FOSSIL FUEL INFRASTRUCTURE
     5  Section 23-2901. Moratorium on fossil fuel infrastructure.
     6  § 23-2901. Moratorium on fossil fuel infrastructure.
     7    1. Legislative intent. New York state faces  an  existential  climate,
     8  ecological, economic, and security emergency which threatens our munici-
     9  palities,  state,  nation, and the world; a World War II-scale mobiliza-
    10  tion is needed to eliminate  greenhouse  gas  emissions.    Human-caused
    11  climate  change and air pollution are due to using fossil fuels. Climate
    12  change disproportionately impacts communities of color, children, elder-
    13  ly, Native Americans, indigenous peoples, the ill,  the  poor,  farmers,
    14  and  future generations.  The state shall promote a controlled reduction
    15  of fossil fuel utilization and a transition to clean,  renewable  energy
    16  for  the  purpose  of  improving  safety,  public  health, environmental
    17  protection, economic growth, and energy reliability as well as providing
    18  cost savings, creating jobs, and preventing climate catastrophe.
    19    2. For the purposes of this section, "fossil fuel"  shall  mean  coal,
    20  petroleum products and fuel gases.
    21    3.  A  moratorium  shall  be  established  on  any and all fossil fuel
    22  infrastructure projects. No  new  permits,  licenses,  or  any  form  of
    23  permission  shall  be granted for any fossil fuel infrastructure project
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09246-06-9
        A. 5399--A                          2
     1  nor shall any funding, investment, or any other financial assistance  be
     2  granted  to  any fossil fuel infrastructure project as long as there are
     3  economically and technologically feasible alternatives to ensure  energy
     4  reliability.  This  section  shall  not  apply  to  upgrades in existing
     5  infrastructure for the purposes  of  improving  safety,  public  health,
     6  environmental protection, and increased energy efficiency.  Such morato-
     7  rium shall apply to the entirety of the state including all departments,
     8  agencies, offices, municipalities, and any other governmental body.
     9    4. The moratorium shall be lifted upon an act of the legislature.
    10    § 2. This act shall take effect immediately.