Bill Text: NY A05604 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the environmental conservation law, in relation to enacting the New York Clean State and Clean City Act of 2009
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to environmental conservation [A05604 Detail]
Download: New_York-2009-A05604-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5604
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. BOYLAND -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
enacting the New York Clean State and Clean City Act of 2009
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that global warming poses a serious threat to the economic
3 well-being, public health, natural resources, and the environment of New
4 York. The potential adverse impacts of global warming include the
5 exacerbation of air quality problems, a reduction in the quality of
6 water and damage to marine ecosystems and the natural environment, and
7 an increase in the incidences of infectious diseases, asthma, and other
8 human health-related problems.
9 Therefore, the legislature finds that state, national and interna-
10 tional actions are necessary to fully address the issue of global warm-
11 ing. Legislative action taken by New York to reduce emissions of green-
12 house gases will have far-reaching effects by encouraging other states,
13 the federal government, and other countries to act. This will place New
14 York in a strategic position to enhance its economy, technology centers,
15 financial institutions, and businesses so that they may benefit from
16 national and international efforts to reduce emissions of greenhouse
17 gases. More importantly, investing in the development of innovative and
18 pioneering technologies will assist New York to achieve a statewide
19 limit on emissions of greenhouse gases and provide an opportunity for
20 the state to take a global economic and technological leadership role in
21 reducing emissions of greenhouse gases.
22 S 2. Article 19 of the environmental conservation law is amended by
23 adding a new title 13 to read as follows:
24 TITLE 13
25 NEW YORK CLEAN STATE AND CLEAN CITY ACT OF 2009
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08776-01-9
A. 5604 2
1 SECTION 19-1301. SHORT TITLE.
2 19-1303. DEFINITIONS.
3 19-1305. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM.
4 19-1307. MARKET-BASED COMPLIANCE MECHANISMS.
5 19-1309. ENFORCEMENT.
6 19-1311. REPORTING; STATE ENVIRONMENTAL BOARD.
7 19-1313. ADVISORY COMMITTEES.
8 19-1315. CONFLICTING LAWS.
9 19-1317. LOCAL LAWS, ORDINANCES AND REGULATIONS.
10 19-1319. SEPARABILITY.
11 S 19-1301. SHORT TITLE.
12 THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE "NEW YORK CLEAN
13 STATE AND CLEAN CITY ACT OF 2009".
14 S 19-1303. DEFINITIONS.
15 AS USED IN THIS TITLE:
16 1. "ALLOWANCE" MEANS AN AUTHORIZATION TO EMIT, DURING A SPECIFIED
17 YEAR, UP TO ONE TON OF CARBON DIOXIDE EQUIVALENT.
18 2. "ALTERNATIVE COMPLIANCE MECHANISM" MEANS AN ACTION UNDERTAKEN BY A
19 GREENHOUSE GAS EMISSION SOURCE THAT ACHIEVES THE EQUIVALENT REDUCTION OF
20 GREENHOUSE GAS EMISSIONS OVER THE SAME TIME PERIOD AS A DIRECT EMISSION
21 REDUCTION, AND THAT IS APPROVED BY THE DEPARTMENT. "ALTERNATIVE COMPLI-
22 ANCE MECHANISM" INCLUDES, BUT IS NOT LIMITED TO A FLEXIBLE COMPLIANCE
23 SCHEDULE, ALTERNATIVE CONTROL TECHNOLOGY, A PROCESS CHANGE, OR A PRODUCT
24 SUBSTITUTION.
25 3. "CARBON DIOXIDE EQUIVALENT" MEANS THE AMOUNT OF CARBON DIOXIDE BY
26 WEIGHT THAT WOULD PRODUCE THE SAME GLOBAL WARMING IMPACT AS A GIVEN
27 WEIGHT OF ANOTHER GREENHOUSE GAS, BASED ON THE BEST AVAILABLE SCIENCE AS
28 DETERMINED BY THE DEPARTMENT.
29 4. "COST-EFFECTIVE" OR "COST-EFFECTIVENESS" MEANS THE COST PER UNIT OF
30 REDUCED EMISSIONS OF GREENHOUSE GASES ADJUSTED FOR ITS GLOBAL WARMING
31 POTENTIAL.
32 5. "DIRECT EMISSIONS REDUCTION" MEANS A GREENHOUSE GAS EMISSION
33 REDUCTION ACTION MADE BY A GREENHOUSE GAS EMISSION SOURCE AT THAT
34 SOURCE.
35 6. "EMISSIONS REDUCTION MEASURE" MEANS PROGRAMS, MEASURES, STANDARDS,
36 AND ALTERNATIVE COMPLIANCE MECHANISMS AUTHORIZED PURSUANT TO THIS TITLE,
37 APPLICABLE TO SOURCES OR CATEGORIES OF SOURCES, THAT ARE DESIGNED TO
38 REDUCE EMISSIONS OF GREENHOUSE GASES.
39 7. "GREENHOUSE GAS" OR "GREENHOUSE GASES" INCLUDES ALL OF THE FOLLOW-
40 ING GASES: CARBON DIOXIDE, METHANE, NITROUS OXIDE, HYDRO FLUOROCARBONS,
41 PER FLUOROCARBONS, AND SULFUR HEXAFLUORIDE.
42 8. "GREENHOUSE GAS EMISSIONS LIMIT" MEANS AN AUTHORIZATION, DURING A
43 SPECIFIED YEAR TO EMIT UP TO A LEVEL OF GREENHOUSE GASES SPECIFIED BY
44 THE DEPARTMENT, EXPRESSED IN TONS OF CARBON DIOXIDE EQUIVALENTS.
45 9. "GREENHOUSE GAS EMISSION SOURCE" OR "SOURCE" MEANS ANY SOURCE, OR
46 CATEGORY OF SOURCES, OF GREENHOUSE GAS EMISSIONS WHOSE EMISSIONS ARE AT
47 A LEVEL OF SIGNIFICANCE, AS DETERMINED BY THE DEPARTMENT, THAT ITS
48 PARTICIPATION IN THE PROGRAM ESTABLISHED BY THIS TITLE WILL ENABLE THE
49 DEPARTMENT TO EFFECTIVELY REDUCE GREENHOUSE GAS EMISSIONS AND MONITOR
50 COMPLIANCE WITH THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT.
51 10. "LEAKAGE" MEANS A REDUCTION IN EMISSIONS OF GREENHOUSE GASES WITH-
52 IN THE STATE THAT IS OFFSET BY AN INCREASE IN EMISSIONS OF GREENHOUSE
53 GASES OUTSIDE THE STATE.
54 11. "MARKET-BASED COMPLIANCE MECHANISM" MEANS EITHER OF THE FOLLOWING:
55 A. A SYSTEM OF MARKET-BASED DECLINING ANNUAL AGGREGATE EMISSIONS LIMI-
56 TATIONS FOR SOURCES OR CATEGORIES OF SOURCES THAT EMIT GREENHOUSE GASES.
A. 5604 3
1 B. GREENHOUSE GAS EMISSIONS EXCHANGES, BANKING, CREDITS, AND OTHER
2 TRANSACTIONS, GOVERNED BY RULES AND PROTOCOLS ESTABLISHED BY THE DEPART-
3 MENT, THAT RESULT IN THE SAME GREENHOUSE GAS EMISSION REDUCTION, OVER
4 THE SAME TIME PERIOD, AS DIRECT COMPLIANCE WITH A GREENHOUSE GAS EMIS-
5 SION LIMIT OR EMISSION REDUCTION MEASURE ADOPTED BY THE DEPARTMENT
6 PURSUANT TO THIS TITLE.
7 12. "STATEWIDE GREENHOUSE GAS EMISSIONS" MEANS THE TOTAL ANNUAL EMIS-
8 SIONS OF GREENHOUSE GASES IN THE STATE, INCLUDING ALL EMISSIONS OF
9 GREENHOUSE GASES FROM THE GENERATION OF ELECTRICITY DELIVERED TO AND
10 CONSUMED IN NEW YORK, ACCOUNTING FOR TRANSMISSION AND DISTRIBUTION LINE
11 LOSSES, WHETHER THE ELECTRICITY IS GENERATED IN STATE OR IMPORTED.
12 STATEWIDE EMISSIONS SHALL BE EXPRESSED IN TONS OF CARBON DIOXIDE EQUIV-
13 ALENTS.
14 13. "STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT" OR "STATEWIDE EMISSIONS
15 LIMIT" MEANS THE MAXIMUM ALLOWABLE LEVEL OF STATEWIDE GREENHOUSE GAS
16 EMISSIONS IN THE YEAR 2022 AS DETERMINED BY THE DEPARTMENT.
17 S 19-1305. GREENHOUSE GAS EMISSIONS REDUCTION PROGRAM.
18 1. NO LATER THAN JANUARY 1, 2010 THE DEPARTMENT SHALL ADOPT RULES AND
19 REGULATIONS IN AN OPEN PUBLIC PROCESS TO ACHIEVE THE MAXIMUM TECHNOLOG-
20 ICALLY FEASIBLE AND COST-EFFECTIVE GREENHOUSE GAS EMISSION REDUCTIONS
21 FROM SOURCES OR CATEGORIES OF SOURCES, SUBJECT TO CRITERIA AND SCHEDULES
22 AS FOLLOWS:
23 A. ON OR BEFORE SEPTEMBER 30, 2009, THE DEPARTMENT SHALL PUBLISH AND
24 MAKE AVAILABLE TO THE PUBLIC A LIST OF DISCRETE EARLY ACTION GREENHOUSE
25 GAS EMISSION REDUCTION MEASURES THAT CAN BE IMPLEMENTED PRIOR TO THE
26 MEASURES AND LIMITS ADOPTED;
27 B. ON OR BEFORE JANUARY 1, 2012, THE DEPARTMENT SHALL ADOPT REGU-
28 LATIONS TO IMPLEMENT THE MEASURES IDENTIFIED ON THE LIST PUBLISHED
29 PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION.
30 2. THE REGULATIONS ADOPTED BY THE DEPARTMENT PURSUANT TO THIS SECTION
31 SHALL ACHIEVE THE MAXIMUM TECHNOLOGICALLY FEASIBLE AND COST-EFFECTIVE
32 REDUCTIONS IN GREENHOUSE GAS EMISSIONS FROM THOSE SOURCES OR CATEGORIES
33 OF SOURCES, IN FURTHERANCE OF ACHIEVING THE STATEWIDE GREENHOUSE GAS
34 EMISSIONS LIMIT.
35 3. ON OR BEFORE JANUARY 1, 2010, THE DEPARTMENT SHALL PREPARE AND
36 APPROVE A SCOPING PLAN FOR ACHIEVING THE MAXIMUM TECHNOLOGICALLY FEASI-
37 BLE AND COST-EFFECTIVE REDUCTIONS IN GREENHOUSE GAS EMISSIONS FROM
38 SOURCES OR CATEGORIES OF SOURCES OF GREENHOUSE GASES BY THE YEAR 2022.
39 A. THE DEPARTMENT SHALL CONSULT WITH ALL STATE AGENCIES WITH JURISDIC-
40 TION OVER SOURCES OF GREENHOUSE GASES ON ALL ELEMENTS OF ITS PLAN THAT
41 PERTAIN TO ENERGY RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, ELEC-
42 TRICAL GENERATION, LOAD-BASED STANDARDS OR REQUIREMENTS, THE PROVISION
43 OF RELIABLE AND AFFORDABLE ELECTRICAL SERVICE, PETROLEUM REFINING, AND
44 STATEWIDE FUEL SUPPLIES TO ENSURE THE GREENHOUSE GAS EMISSIONS REDUCTION
45 ACTIVITIES TO BE ADOPTED AND IMPLEMENTED BY THE DEPARTMENT ARE COMPLE-
46 MENTARY, NOT DUPLICATIVE, AND CAN BE IMPLEMENTED IN AN EFFICIENT AND
47 COST-EFFECTIVE MANNER.
48 B. SUCH SCOPING PLAN SHALL IDENTIFY AND RECOMMEND DIRECT EMISSION
49 REDUCTION MEASURES, ALTERNATIVE COMPLIANCE MECHANISMS, MARKET-BASED
50 COMPLIANCE MECHANISMS, AND POTENTIAL MONETARY AND NON-MONETARY INCEN-
51 TIVES FOR SOURCES AND CATEGORIES OF SOURCES THAT THE DEPARTMENT FINDS
52 ARE NECESSARY OR DESIRABLE TO FACILITATE THE ACHIEVEMENT OF THE MAXIMUM
53 FEASIBLE AND COST-EFFECTIVE REDUCTIONS OF GREENHOUSE GAS EMISSIONS BY
54 THE YEAR 2022.
55 C. IN MAKING THE DETERMINATIONS REQUIRED BY PARAGRAPH B OF THIS SUBDI-
56 VISION, THE DEPARTMENT SHALL CONSIDER ALL RELEVANT INFORMATION PERTAIN-
A. 5604 4
1 ING TO GREENHOUSE GAS EMISSIONS REDUCTION PROGRAMS IN OTHER STATES,
2 LOCALITIES, AND NATIONS, INCLUDING THE NORTHEASTERN STATES OF THE UNITED
3 STATES, CANADA, AND THE EUROPEAN UNION.
4 D. THE DEPARTMENT SHALL EVALUATE THE TOTAL POTENTIAL COSTS AND TOTAL
5 POTENTIAL ECONOMIC AND NON-ECONOMIC BENEFITS OF THE SCOPING PLAN FOR
6 REDUCING GREENHOUSE GASES TO NEW YORK'S ECONOMY, ENVIRONMENT, AND PUBLIC
7 HEALTH, USING THE BEST AVAILABLE ECONOMIC MODELS, EMISSION ESTIMATION
8 TECHNIQUES, AND OTHER SCIENTIFIC METHODS.
9 E. IN DEVELOPING THE SCOPING PLAN, THE DEPARTMENT SHALL TAKE INTO
10 ACCOUNT THE RELATIVE CONTRIBUTION OF EACH SOURCE OR SOURCE CATEGORY TO
11 STATEWIDE GREENHOUSE GAS EMISSIONS, AND THE POTENTIAL FOR ADVERSE
12 EFFECTS ON SMALL BUSINESSES, AND SHALL RECOMMEND A DE MINIMIS THRESHOLD
13 OF GREENHOUSE GAS EMISSIONS BELOW WHICH EMISSION REDUCTION REQUIREMENTS
14 WILL NOT APPLY.
15 F. IN DEVELOPING ITS SCOPING PLAN, THE DEPARTMENT SHALL IDENTIFY
16 OPPORTUNITIES FOR EMISSION REDUCTIONS MEASURES FROM ALL VERIFIABLE AND
17 ENFORCEABLE VOLUNTARY ACTIONS, INCLUDING, BUT NOT LIMITED TO, CARBON
18 SEQUESTRATION PROJECTS AND BEST MANAGEMENT PRACTICES.
19 G. THE DEPARTMENT SHALL CONDUCT A SERIES OF PUBLIC WORKSHOPS TO GIVE
20 INTERESTED PARTIES AN OPPORTUNITY TO COMMENT ON THE SCOPING PLAN. THE
21 DEPARTMENT SHALL CONDUCT A PORTION OF THESE WORKSHOPS IN REGIONS OF THE
22 STATE THAT HAVE THE MOST SIGNIFICANT EXPOSURE TO AIR POLLUTANTS, INCLUD-
23 ING, BUT NOT LIMITED TO, COMMUNITIES WITH MINORITY POPULATIONS, COMMUNI-
24 TIES WITH LOW-INCOME POPULATIONS, OR BOTH.
25 H. THE DEPARTMENT SHALL UPDATE ITS SCOPING PLAN FOR ACHIEVING THE
26 MAXIMUM TECHNOLOGICALLY FEASIBLE AND COST-EFFECTIVE REDUCTIONS OF GREEN-
27 HOUSE GAS EMISSIONS AT LEAST ONCE EVERY FIVE YEARS.
28 4. ON OR BEFORE JANUARY 1, 2013, THE DEPARTMENT SHALL ADOPT GREENHOUSE
29 GAS EMISSION LIMITS AND EMISSION REDUCTION MEASURES TO ACHIEVE THE MAXI-
30 MUM TECHNOLOGICALLY FEASIBLE AND COST-EFFECTIVE REDUCTIONS IN GREENHOUSE
31 GAS EMISSIONS IN FURTHERANCE OF ACHIEVING THE STATEWIDE GREENHOUSE GAS
32 EMISSIONS LIMIT, SUCH LIMITS AND REDUCTION MEASURES TO BECOME OPERATIVE
33 BEGINNING ON JANUARY 1, 2014. IN ADOPTING SUCH LIMITS AND REDUCTION
34 MEASURES, TO THE EXTENT FEASIBLE AND IN FURTHERANCE OF ACHIEVING THE
35 STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT, THE DEPARTMENT SHALL:
36 A. INCLUDE DISTRIBUTION OF EMISSIONS ALLOWANCES WHERE APPROPRIATE, IN
37 A MANNER THAT IS EQUITABLE, SEEK TO MINIMIZE COSTS AND MAXIMIZE THE
38 TOTAL BENEFITS TO NEW YORK, AND ENCOURAGE EARLY ACTION TO REDUCE GREEN-
39 HOUSE GAS EMISSIONS;
40 B. ENSURE THAT ACTIVITIES UNDERTAKEN TO COMPLY WITH THE REGULATIONS DO
41 NOT DISPROPORTIONATELY IMPACT LOW-INCOME COMMUNITIES;
42 C. ENSURE THAT ENTITIES THAT HAVE VOLUNTARILY REDUCED THEIR GREENHOUSE
43 GAS EMISSIONS PRIOR TO THE IMPLEMENTATION OF THIS TITLE RECEIVE APPRO-
44 PRIATE CREDIT FOR EARLY VOLUNTARY REDUCTIONS;
45 D. ENSURE THAT ACTIVITIES UNDERTAKEN DO NOT INTERFERE WITH EFFORTS TO
46 ACHIEVE AND MAINTAIN FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS AND
47 TO REDUCE TOXIC AIR CONTAMINANT EMISSIONS;
48 E. CONSIDER COST-EFFECTIVENESS;
49 F. CONSIDER OVERALL SOCIETAL BENEFITS, INCLUDING REDUCTIONS IN OTHER
50 AIR POLLUTANTS, DIVERSIFICATION OF ENERGY SOURCES, AND OTHER BENEFITS TO
51 THE ECONOMY, ENVIRONMENT, AND PUBLIC HEALTH;
52 G. MINIMIZE THE ADMINISTRATIVE BURDEN OF IMPLEMENTING AND COMPLYING
53 WITH THESE REGULATIONS;
54 H. MINIMIZE LEAKAGE;
55 I. CONSIDER THE SIGNIFICANCE OF THE CONTRIBUTION OF EACH SOURCE OR
56 CATEGORY OF SOURCES TO STATEWIDE EMISSIONS OF GREENHOUSE GASES.
A. 5604 5
1 5. IN FURTHERANCE OF ACHIEVING THE STATEWIDE GREENHOUSE GAS EMISSIONS
2 LIMIT, BY JANUARY 1, 2013, THE DEPARTMENT MAY ESTABLISH A SYSTEM OF
3 MARKET-BASED DECLINING ANNUAL AGGREGATE EMISSION LIMITS FOR SOURCES OR
4 CATEGORIES OF SOURCES THAT EMIT GREENHOUSE GAS EMISSIONS, APPLICABLE
5 FROM JANUARY 1, 2014, TO DECEMBER 31, 2022, INCLUSIVE, THAT THE DEPART-
6 MENT DETERMINES WILL ACHIEVE THE MAXIMUM TECHNOLOGICALLY FEASIBLE AND
7 COST-EFFECTIVE REDUCTIONS IN GREENHOUSE GAS EMISSIONS, IN THE AGGREGATE,
8 FROM THOSE SOURCES OR CATEGORIES OF SOURCES.
9 ANY SUCH SYSTEM ADOPTED BY THE DEPARTMENT, SHALL ENSURE:
10 A. THE GREENHOUSE GAS EMISSION REDUCTIONS ACHIEVED ARE REAL, PERMA-
11 NENT, QUANTIFIABLE, VERIFIABLE, AND ENFORCEABLE BY THE DEPARTMENT;
12 B. THE REDUCTION IS IN ADDITION TO ANY GREENHOUSE GAS EMISSION
13 REDUCTION OTHERWISE REQUIRED BY LAW OR REGULATION, AND ANY OTHER GREEN-
14 HOUSE GAS EMISSION REDUCTION THAT OTHERWISE WOULD OCCUR;
15 C. IF APPLICABLE, THE GREENHOUSE GAS EMISSION REDUCTION OCCURS OVER
16 THE SAME TIME PERIOD AND IS EQUIVALENT IN AMOUNT TO ANY DIRECT EMISSION
17 REDUCTION REQUIRED PURSUANT TO THIS TITLE.
18 6. AFTER JANUARY 1, 2013, THE DEPARTMENT MAY REVISE REGULATIONS
19 ADOPTED PURSUANT TO THIS SECTION AND ADOPT ADDITIONAL REGULATIONS TO
20 FURTHER THE PROVISIONS OF THIS TITLE.
21 NOTHING IN THIS TITLE RESTRICTS THE DEPARTMENT FROM ADOPTING GREEN-
22 HOUSE GAS EMISSION LIMITS OR EMISSION REDUCTION MEASURES PRIOR TO JANU-
23 ARY 1, 2013, IMPOSING THOSE LIMITS OR MEASURES PRIOR TO JANUARY 1, 2014,
24 OR PROVIDING EARLY REDUCTION CREDIT WHERE APPROPRIATE.
25 S 19-1307. MARKET-BASED COMPLIANCE MECHANISMS.
26 1. THE DEPARTMENT MAY INCLUDE IN THE PROGRAM ADOPTED PURSUANT TO
27 SECTION 19-1305 OF THIS TITLE THE USE OF MARKET-BASED COMPLIANCE MECH-
28 ANISMS. PRIOR TO THE INCLUSION OF ANY MARKET-BASED COMPLIANCE MECH-
29 ANISM, TO THE EXTENT FEASIBLE AND IN FURTHERANCE OF ACHIEVING THE STATE-
30 WIDE GREENHOUSE GAS EMISSIONS LIMIT, THE DEPARTMENT SHALL DO ALL OF THE
31 FOLLOWING:
32 A. CONSIDER THE POTENTIAL FOR DIRECT, INDIRECT, AND CUMULATIVE EMIS-
33 SION IMPACTS FROM THESE MECHANISMS, INCLUDING LOCALIZED IMPACTS IN
34 COMMUNITIES THAT ARE ALREADY ADVERSELY IMPACTED BY AIR POLLUTION;
35 B. PREVENT ANY INCREASE IN THE EMISSIONS OF TOXIC AIR CONTAMINANTS OR
36 CRITERIA AIR POLLUTANTS;
37 C. MAXIMIZE ADDITIONAL ENVIRONMENTAL AND ECONOMIC BENEFITS FOR THE
38 STATE, AS APPROPRIATE;
39 D. ADOPT REGULATIONS GOVERNING HOW MARKET-BASED COMPLIANCE MECHANISMS
40 MAY BE USED BY REGULATED ENTITIES SUBJECT TO GREENHOUSE GAS EMISSION
41 LIMITS AND MANDATORY EMISSION REPORTING REQUIREMENTS TO ACHIEVE COMPLI-
42 ANCE WITH THEIR GREENHOUSE GAS EMISSIONS LIMITS.
43 2. THE DEPARTMENT SHALL ADOPT METHODOLOGIES FOR THE QUANTIFICATION OF
44 VOLUNTARY GREENHOUSE GAS EMISSION REDUCTIONS AND REGULATIONS TO VERIFY
45 AND ENFORCE ANY VOLUNTARY GREENHOUSE GAS EMISSION REDUCTIONS AUTHORIZED
46 BY THE DEPARTMENT FOR USE TO COMPLY WITH GREENHOUSE GAS EMISSION LIMITS
47 ESTABLISHED BY THE DEPARTMENT.
48 S 19-1309. ENFORCEMENT.
49 1. THE DEPARTMENT SHALL MONITOR COMPLIANCE WITH AND ENFORCE ANY RULE,
50 REGULATION, ORDER, EMISSION LIMITATION, EMISSIONS REDUCTION MEASURE, OR
51 MARKET-BASED COMPLIANCE MECHANISM ADOPTED BY THE DEPARTMENT PURSUANT TO
52 THIS TITLE.
53 2. ANY VIOLATION OF ANY RULE, REGULATION, ORDER, EMISSION LIMITATION,
54 EMISSIONS REDUCTION MEASURE, OR OTHER MEASURE ADOPTED BY THE DEPARTMENT
55 PURSUANT TO THIS TITLE SHALL BE DEEMED TO RESULT IN AN EMISSION OF AN
56 AIR CONTAMINANT.
A. 5604 6
1 3. THE DEPARTMENT MAY DEVELOP A METHOD TO CONVERT A VIOLATION OF ANY
2 RULE, REGULATION, ORDER, EMISSION LIMITATION, OR OTHER EMISSIONS
3 REDUCTION MEASURE ADOPTED BY THE DEPARTMENT PURSUANT TO THIS TITLE INTO
4 THE NUMBER OF DAYS IN VIOLATION.
5 S 19-1311. REPORTING; STATE ENVIRONMENTAL BOARD.
6 1. ON OR BEFORE EACH COMPLIANCE DATE PURSUANT TO SECTION 19-1305 OF
7 THIS TITLE, THE DEPARTMENT SHALL SUBMIT TO THE BOARD A REPORT ON THE
8 PROGRAM AND VERIFICATION OF STATEWIDE GREENHOUSE GAS EMISSIONS MONITOR-
9 ING AND COMPLIANCE WITH THIS PROGRAM. SUCH REPORT SHALL INCLUDE, BUT
10 NOT BE LIMITED TO:
11 A. DATA RELATED TO THE MONITORING AND ANNUAL REPORTING OF GREENHOUSE
12 GAS EMISSIONS FROM GREENHOUSE GAS EMISSIONS SOURCES BEGINNING WITH THE
13 SOURCES OR CATEGORIES OF SOURCES THAT CONTRIBUTE THE MOST TO STATEWIDE
14 EMISSIONS;
15 B. ACCOUNTING OF EMISSIONS, AND REPORTING TOOLS AND FORMATS WHICH
16 ENSURE COLLECTION OF NECESSARY DATA;
17 C. COMPREHENSIVE SOURCE RECORDS OF ALL REPORTED GREENHOUSE GAS EMIS-
18 SIONS.
19 2. THE BOARD SHALL:
20 A. PERIODICALLY REVIEW AND UPDATE EMISSION REPORTING REQUIREMENTS
21 ESTABLISHED BY THE DEPARTMENT, AS NECESSARY;
22 B. REVIEW EXISTING AND PROPOSED INTERNATIONAL, FEDERAL, AND STATE
23 GREENHOUSE GAS EMISSION PROGRAMS AND MAKE REASONABLE EFFORTS TO PROMOTE
24 CONSISTENCY AMONG THE PROGRAMS ESTABLISHED PURSUANT TO THIS TITLE AND
25 OTHER PROGRAMS, AND TO STREAMLINE REPORTING REQUIREMENTS IN NEW YORK ON
26 GREENHOUSE GAS EMISSIONS SOURCES.
27 S 19-1313. ADVISORY COMMITTEES.
28 1. ON OR BEFORE JANUARY 1, 2010, THE BOARD SHALL CONVENE AN ENVIRON-
29 MENTAL JUSTICE ADVISORY COMMITTEE, OF AT LEAST THREE MEMBERS, TO ADVISE
30 THE DEPARTMENT IN DEVELOPING THE SCOPING PLAN PURSUANT TO SECTION
31 19-1305 OF THIS TITLE AND ANY OTHER PERTINENT MATTER IN IMPLEMENTING
32 THIS TITLE. SUCH ADVISORY COMMITTEE SHALL BE COMPRISED OF: REPRESEN-
33 TATIVES FROM COMMUNITIES IN THE STATE WITH THE MOST SIGNIFICANT EXPOSURE
34 TO AIR POLLUTION, INCLUDING, BUT NOT LIMITED TO, COMMUNITIES WITH MINOR-
35 ITY POPULATIONS OR LOW-INCOME POPULATIONS, OR BOTH; AND NOMINATIONS
36 RECEIVED FROM ENVIRONMENTAL JUSTICE ORGANIZATIONS AND COMMUNITY GROUPS.
37 THE BOARD SHALL PROVIDE REASONABLE PER DIEM FOR ATTENDANCE AT ADVISORY
38 COMMITTEE MEETINGS BY ADVISORY COMMITTEE MEMBERS FROM NONPROFIT ORGAN-
39 IZATIONS.
40 2. ON OR BEFORE JANUARY 1, 2010, THE BOARD SHALL APPOINT AN ECONOMIC
41 AND TECHNOLOGY ADVANCEMENT ADVISORY COMMITTEE TO ADVISE THE DEPARTMENT
42 ON ACTIVITIES THAT WILL FACILITATE INVESTMENT IN AND IMPLEMENTATION OF
43 TECHNOLOGICAL RESEARCH AND DEVELOPMENT OPPORTUNITIES, INCLUDING, BUT NOT
44 LIMITED TO, IDENTIFYING NEW TECHNOLOGIES, RESEARCH, DEMONSTRATION
45 PROJECTS, FUNDING OPPORTUNITIES, DEVELOPING STATE, NATIONAL, AND INTER-
46 NATIONAL PARTNERSHIPS AND TECHNOLOGY TRANSFER OPPORTUNITIES, AND IDENTI-
47 FYING AND ASSESSING RESEARCH AND ADVANCED TECHNOLOGY INVESTMENT AND
48 INCENTIVE OPPORTUNITIES THAT WILL ASSIST IN THE REDUCTION OF GREENHOUSE
49 GAS EMISSIONS. SUCH COMMITTEE MAY ALSO ADVISE THE DEPARTMENT ON STATE,
50 REGIONAL, NATIONAL, AND INTERNATIONAL ECONOMIC AND TECHNOLOGICAL DEVEL-
51 OPMENTS RELATED TO GREENHOUSE GAS EMISSION REDUCTIONS AND STRATEGIES FOR
52 ALL STATE AGENCIES TO CONSIDER AND IMPLEMENT STRATEGIES TO REDUCE THEIR
53 GREENHOUSE GAS EMISSIONS.
54 S 19-1315. CONFLICTING LAWS.
55 THIS TITLE SHALL NOT BE CONSTRUED AS REPEALING ANY OF THE LAWS RELAT-
56 ING TO AIR POLLUTION OR AIR CONTAMINATION WHICH ARE NOT BY THIS TITLE
A. 5604 7
1 EXPRESSLY REPEALED, BUT IT SHALL BE HELD AND CONSTRUED TO BE AS ANCIL-
2 LARY TO AND SUPPLEMENTING THE LAWS NOW IN FORCE, EXCEPTING AS THEY MAY
3 BE IN DIRECT CONFLICT WITH THIS TITLE.
4 S 19-1317. LOCAL LAWS, ORDINANCES AND REGULATIONS.
5 ANY LOCAL LAWS, ORDINANCES OR REGULATIONS OF ANY GOVERNING BODY OF A
6 COUNTY, CITY, TOWN OR VILLAGE WHICH ARE NOT INCONSISTENT WITH THIS TITLE
7 OR WITH ANY CODE, RULE OR REGULATION WHICH SHALL BE PROMULGATED PURSUANT
8 TO THIS TITLE SHALL NOT BE SUPERSEDED BY IT, AND NOTHING IN THIS TITLE
9 OR IN ANY CODE, RULE OR REGULATION WHICH SHALL BE PROMULGATED PURSUANT
10 TO THIS TITLE SHALL PRECLUDE THE RIGHT OF ANY GOVERNING BODY OF THE
11 COUNTY, CITY, TOWN OR VILLAGE TO ADOPT LOCAL LAWS, ORDINANCES OR REGU-
12 LATIONS WHICH ARE NOT INCONSISTENT WITH THIS TITLE OR WITH ANY CODE,
13 RULE OR REGULATION WHICH SHALL BE PROMULGATED PURSUANT TO THIS TITLE
14 PROVIDED, HOWEVER, THAT THE EXERCISE OF SUCH RIGHT BY A COUNTY SHALL
15 RELATE ONLY TO THE AREA THEREOF OUTSIDE ANY CITY, VILLAGE OR AREA OF ANY
16 TOWN OUTSIDE THE VILLAGE OR VILLAGES THEREIN DURING SUCH TIME AS SUCH
17 CITY, VILLAGE OR TOWN HAS LOCAL LAWS, ORDINANCES OR REGULATIONS CONSIST-
18 ENT WITH THIS TITLE OR WITH ANY CODE, RULE OR REGULATION WHICH SHALL BE
19 PROMULGATED PURSUANT TO THIS TITLE. ANY LOCAL LAWS, ORDINANCES OR REGU-
20 LATIONS OF A COUNTY, CITY, TOWN OR VILLAGE WHICH COMPLY WITH AT LEAST
21 THE MINIMUM APPLICABLE REQUIREMENTS SET FORTH IN ANY CODE, RULE OR REGU-
22 LATION PROMULGATED PURSUANT TO THIS TITLE SHALL BE DEEMED CONSISTENT
23 WITH THIS TITLE OR WITH ANY SUCH CODE, RULE OR REGULATION.
24 S 19-1319. SEPARABILITY.
25 IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF THIS TITLE
26 SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
27 THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
28 THIS TITLE BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
29 SENTENCE, PARAGRAPH, SECTION OR PART OF THIS TITLE THAT SHALL BE DIRECT-
30 LY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN
31 RENDERED.
32 S 3. This act shall take effect immediately.
