Bill Text: NY A08270 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the New York state climate and community protection act; relates to climate change; renewable energy program; labor and job standards and worker protection.

Spectrum: Partisan Bill (Democrat 40-0)

Status: (Engrossed - Dead) 2018-04-24 - REFERRED TO ENVIRONMENTAL CONSERVATION [A08270 Detail]

Download: New_York-2017-A08270-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8270--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 5, 2017
                                       ___________
        Introduced by M. of A. ENGLEBRIGHT, LIFTON, FAHY, ORTIZ, CAHILL, WALKER,
          SEPULVEDA,  CARROLL, ROSENTHAL, THIELE, JAFFEE, SIMON, OTIS, DINOWITZ,
          WILLIAMS, ROZIC, ABINANTI, MOSLEY, BARRETT, SKOUFIS -- Multi-Sponsored
          by -- M. of A. LENTOL -- read once and referred to  the  Committee  on
          Environmental  Conservation  -- reported and referred to the Committee
          on Ways and Means  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN  ACT  to amend the environmental conservation law, the public service
          law, the public authorities law, the labor law and the community  risk
          and  resiliency  act,  in  relation to establishing the New York state
          climate and community protection act
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings and declaration. The legislature here-
     2  by  enacts the "New York state climate and community protection act" and
     3  finds and declares that:
     4    1. Climate change is adversely affecting economic  well-being,  public
     5  health,  natural resources, and the environment of New York. The adverse
     6  impacts of climate change include:
     7    a. an increase in  the  severity  and  frequency  of  extreme  weather
     8  events, such as storms, flooding, and heat waves, which can cause direct
     9  injury  or  death, property damage, and ecological damage (e.g., through
    10  the release of hazardous substances into the environment);
    11    b. rising sea levels, which exacerbate damage from  storm  surges  and
    12  flooding,  contribute  to  coastal  erosion and saltwater intrusion, and
    13  inundate low-lying areas, leading to the displacement of  or  damage  to
    14  coastal habitat, property, and infrastructure;
    15    c. a decline in freshwater and saltwater fish populations;
    16    d.  increased  average temperatures, which increase the demand for air
    17  conditioning and refrigeration among residents and businesses;
    18    e. exacerbation of air pollution; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13069-02-7

        A. 8270--A                          2
     1    f. an increase  in  the  incidences  of  infectious  diseases,  asthma
     2  attacks,  heart  attacks,  and  other  negative  health  outcomes. These
     3  impacts are having a detrimental effect on some of  New  York's  largest
     4  industries,  including agriculture, commercial shipping, forestry, tour-
     5  ism,  and  recreational and commercial fishing. These impacts also place
     6  additional strain on the physical infrastructure that delivers  critical
     7  services  to  the  citizens  of  New York, including the state's energy,
     8  transportation, stormwater, and wastewater infrastructure.
     9    2. a. The severity of current climate change and the threat  of  addi-
    10  tional and more severe change will be affected by the actions undertaken
    11  by  New York and other jurisdictions to reduce greenhouse gas emissions.
    12  According to the U.S. Global Change Research Program  (USGCRP)  and  the
    13  Intergovernmental Panel on Climate Change (IPCC), substantial reductions
    14  in  greenhouse gas emissions will be required by mid-century in order to
    15  limit global warming to no more than 2°C and  ideally  1.5°C,  and  thus
    16  minimize  the  risk of severe impacts from climate change. Specifically,
    17  industrialized countries must reduce their greenhouse gas  emissions  by
    18  at  least  80%  below  1990  levels by 2050 in order to stabilize carbon
    19  dioxide equivalent concentrations at 450 parts  per  million--the  level
    20  required to stay within the 2°C target.
    21    b. On December 12, 2015, one hundred ninety-five countries at the 21st
    22  Conference  of the parties of the United Nations Framework Convention on
    23  Climate Change adopted an agreement addressing greenhouse gas  emissions
    24  mitigation,  adaptation, and finance starting in the year 2020, known as
    25  the Paris Agreement. The Paris Agreement  was  adopted  on  November  4,
    26  2016,  and  is  the  largest  concerted  global effort to combat climate
    27  change to date.
    28    3. Action undertaken by New York to reduce greenhouse  emissions  will
    29  have  an  impact  on  global  greenhouse  gas  emissions and the rate of
    30  climate change. In addition, such action will encourage other  jurisdic-
    31  tions to implement complementary greenhouse gas reduction strategies and
    32  provide  an  example  of how such strategies can be implemented. It will
    33  also advance the development of green technologies and sustainable prac-
    34  tices within the private sector, which  can  have  far-reaching  impacts
    35  such  as a reduction in the cost of renewable energy components, and the
    36  creation of jobs and tax revenues in New York.
    37    4. It shall therefore be a goal of the state of  New  York  to  reduce
    38  greenhouse  gas  emissions from all anthropogenic sources 100% over 1990
    39  levels by the year 2050, with an incremental target of  at  least  a  50
    40  percent  reduction  in  climate pollution by the year 2030, in line with
    41  USGCRP and IPCC projections of what  is  necessary  to  avoid  the  most
    42  severe impacts of climate change.
    43    5.  Although  substantial  emissions reductions are necessary to avoid
    44  the most severe impacts  of  climate  change,  complementary  adaptation
    45  measures  will  also  be  needed  to  address those risks that cannot be
    46  avoided. Some of the impacts of climate change are already observable in
    47  New York state  and  the  northeastern  United  States.  Annual  average
    48  temperatures  are  on  the  rise,  winter snow cover is decreasing, heat
    49  waves and precipitation are  intensifying,  and  sea  levels  along  New
    50  York's  coastline  are  approximately  one foot higher than they were in
    51  1900.  New York has also experienced an increasing number of extreme and
    52  unusual  weather  events,  like  Hurricanes  Irene  and  Lee   and   the
    53  unprecedented  Superstorm Sandy in 2012, which caused at least 53 deaths
    54  and $32 billion in damage in New York state.
    55    6. New York  should  therefore  minimize  the  risks  associated  with
    56  climate  change  through  a  combination of measures to reduce statewide

        A. 8270--A                          3
     1  greenhouse gas emissions and improve the resiliency of  the  state  with
     2  respect  to  the  impacts  and  risks  of  climate change that cannot be
     3  avoided.
     4    7.  Climate change especially heightens the vulnerability of disadvan-
     5  taged communities, which bear environmental and socioeconomic burdens as
     6  well as legacies of racial and ethnic discrimination. Actions undertaken
     7  by New York state to mitigate greenhouse gas emissions should prioritize
     8  the safety and health of disadvantaged  communities,  control  potential
     9  regressive  impacts  of  future climate change mitigation and adaptation
    10  policies on these communities, and prioritize the allocation  of  public
    11  investments in these areas.
    12    8.  Creating good jobs and a thriving economy is a core concern of New
    13  York state.   Shaping the ongoing transition in  our  energy  sector  to
    14  ensure  that  it  creates good jobs and protects workers and communities
    15  that may lose employment in the current transition must be key  concerns
    16  of  our  climate  policy.  Setting  clear  standards for job quality and
    17  training standards encourages not only high-quality  work  but  positive
    18  economic impacts.
    19    9.  Workers  are  at  the front lines of climate change.  Construction
    20  workers and building service workers were  some  of  the  first  workers
    21  dedicated  to cleaning up damage inflicted by recent storms. These work-
    22  ers were often operating in unsafe and toxic environments,  cleaning  up
    23  mold,  and working in unstable buildings. In order to protect the health
    24  and welfare of these workers, it is in the interest of the state of  New
    25  York  to establish safe and healthy working conditions and proper train-
    26  ing for workers involved in climate change related activities. In  addi-
    27  tion, much of the infrastructure work preparing our state for additional
    28  climate  change events must happen quickly and efficiently. It is in the
    29  interest of the state to ensure  labor  harmony  and  promote  efficient
    30  performance  of  work  on climate change related work sites by requiring
    31  workers to be well-trained and adequately compensated.
    32    10. Ensuring career opportunities are  created  and  shared  geograph-
    33  ically  and  demographically  is necessary to ensure increased access to
    34  good jobs for marginalized communities while making the  same  neighbor-
    35  hoods  more resilient.   Climate change has a disproportionate impact on
    36  low-income people, women, and workers. It is  in  the  interest  of  the
    37  state  of  New York to protect and promote the interests of these groups
    38  against the impacts of climate change and severe weather events  and  to
    39  advance our equity goals by ensuring quality employment opportunities in
    40  safe working environments.
    41    11.  The  complexity  of  the  ongoing  energy  transition, the uneven
    42  distribution of economic opportunity, and the  disproportionate  cumula-
    43  tive  economic  and environmental burdens on communities mean that there
    44  is a strong state interest in setting a floor statewide for labor stand-
    45  ards, but allowing and encouraging individual agencies and local govern-
    46  ments to raise standards.
    47    12. By exercising a global leadership role  on  greenhouse  gas  miti-
    48  gation  and climate change adaptation, New York will position its econo-
    49  my, technology centers, financial institutions, and businesses to  bene-
    50  fit  from  national and international efforts to address climate change.
    51  New York state has already  demonstrated  leadership  in  this  area  by
    52  undertaking efforts such as:
    53    a. executive order no. 24 (2009), establishing a goal to reduce green-
    54  house  gas  emissions  80%  by  the year 2050, creating a climate action
    55  council, and calling for preparation of a climate action plan;

        A. 8270--A                          4
     1    b. chapter 433 of the laws of 2009, establishing a state energy  plan-
     2  ning board and requiring the board to adopt a state energy plan;
     3    c.  chapter 388 of the laws of 2011, directing the department of envi-
     4  ronmental conservation to  promulgate  rules  and  regulations  limiting
     5  emissions of carbon dioxide by newly constructed major generating facil-
     6  ities;
     7    d. the adoption of a state energy plan establishing clean energy goals
     8  for  the  year  2030 aimed at reducing greenhouse gas emission levels by
     9  40% from 1990 levels, producing 50% of electricity from renewable sourc-
    10  es, and increasing energy efficiency from 2012 levels by 23%;
    11    e. collaboration with other states  on  the  Regional  Greenhouse  Gas
    12  Initiative, and the development of a regional low carbon fuel standard;
    13    f.  creation of new offices and task forces to address climate change,
    14  including the New York state office of  climate  change,  the  renewable
    15  energy task force, and the sea level rise task force; and
    16    g.  the  enactment  of  the  Community Risk and Resiliency Act (CRRA),
    17  which requires agencies to consider sea level rise and other climate-re-
    18  lated events when implementing certain state programs.
    19    This legislation will build upon these past developments by creating a
    20  comprehensive regulatory program to reduce greenhouse gas emissions that
    21  corresponds with the targets established in executive order no. 24,  the
    22  state energy plan, and USGCRP and IPCC projections.
    23    §  2.  The  environmental  conservation law is amended by adding a new
    24  article 75 to read as follows:
    25                                 ARTICLE 75
    26                               CLIMATE CHANGE
    27  Section 75-0101. Definitions.
    28          75-0103. New York state climate action council.
    29          75-0105. Statewide greenhouse gas emissions report.
    30          75-0107. Statewide greenhouse gas emissions limits.
    31          75-0109. Scoping plan for  statewide  greenhouse  gas  emissions
    32                     reductions.
    33          75-0111. Promulgation of regulations to achieve statewide green-
    34                     house gas emissions reductions.
    35          75-0113. Climate justice working group.
    36          75-0115. Implementation reporting.
    37  § 75-0101. Definitions.
    38    For  the  purposes  of this article the following terms shall have the
    39  following meanings:
    40    1. "Allowance" means an authorization  to  emit,  during  a  specified
    41  year, up to one ton of carbon dioxide equivalent.
    42    2.  "Carbon  dioxide equivalent" means the amount of carbon dioxide by
    43  mass that would produce the same global warming impact as a  given  mass
    44  of  another  greenhouse  gas  over  an integrated twenty-year time frame
    45  after emission, based on the best available science.
    46    3. "Co-pollutants" means hazardous air pollutants produced  by  green-
    47  house gas emissions sources.
    48    4.  "Council"  means  the New York state climate action council estab-
    49  lished pursuant to section 75-0103 of this article.
    50    5. "Disadvantaged communities" means communities that bear burdens  of
    51  negative  public  health  effects,  environmental  pollution, impacts of
    52  climate change, and possess certain socioeconomic criteria,  as  identi-
    53  fied pursuant to section 75-0113 of this article.
    54    6.  "Emissions reduction measures" means programs, measures and stand-
    55  ards, authorized pursuant to this  chapter,  applicable  to  sources  or

        A. 8270--A                          5
     1  categories  of  sources, that are designed to reduce emissions of green-
     2  house gases.
     3    7.  "Greenhouse  gas"  means  carbon  dioxide, methane, nitrous oxide,
     4  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other
     5  substance emitted into the air that may  be  reasonably  anticipated  to
     6  cause or contribute to anthropogenic climate change.
     7    8.  "Greenhouse  gas  emission limit" means an authorization, during a
     8  specified year, to emit up to a level of greenhouse gases  specified  by
     9  the department, expressed in tons of carbon dioxide equivalent.
    10    9. "Greenhouse gas emission source" or "source" means any anthropogen-
    11  ic  source  or category of anthropogenic sources of greenhouse gas emis-
    12  sions, with the exception  of  agricultural  emissions  from  livestock,
    13  determined by the department:
    14    a. that its participation in the program will enable the department to
    15  effectively reduce greenhouse gas emissions; and,
    16    b. to be capable of being monitored for compliance.
    17    10. "Leakage" means a reduction in emissions of greenhouse gases with-
    18  in  the  state  that is offset by an increase in emissions of greenhouse
    19  gases outside of the state.
    20    11. "Market-based compliance mechanism" means any of the following:
    21    a. A  price  on  greenhouse  gas  emissions  from  regulated  sources,
    22  expressed  as  a  fee per ton of carbon dioxide equivalent released in a
    23  given year.
    24    b. A system of market-based declining annual aggregate emissions limi-
    25  tations for sources or categories of sources that emit greenhouse gases.
    26    12. "Statewide greenhouse gas emissions" means the total annual  emis-
    27  sions  of  greenhouse gases produced within the state from anthropogenic
    28  sources and greenhouse gases produced outside  of  the  state  that  are
    29  associated  with  the  generation of electricity imported into the state
    30  and the extraction and transmission of fossil fuels  imported  into  the
    31  state.  Statewide emissions shall be expressed in tons of carbon dioxide
    32  equivalents.
    33    13. "Statewide greenhouse gas emissions limit" or "statewide emissions
    34  limit"  means  the  maximum  allowable level of statewide greenhouse gas
    35  emissions in a specified year, as determined by the department  pursuant
    36  to this article.
    37    14.  "Environmental  justice  advisory group" shall mean the permanent
    38  environmental justice advisory group established by  a  chapter  of  the
    39  laws  of  two thousand seventeen amending the environmental conservation
    40  law relating to establishing a permanent environmental justice  advisory
    41  group  and an environmental justice interagency coordinating council, as
    42  proposed in legislative bills numbers S.3110  and  A.2234,  relating  to
    43  establishing  a  permanent  environmental  justice advisory group and an
    44  environmental justice interagency coordinating council.
    45  § 75-0103. New York state climate action council.
    46    1. There is hereby established, within the department,  the  New  York
    47  state  climate  action  council  ("council")  which shall consist of the
    48  following twenty-five members:
    49    a. the commissioners of transportation, health, economic  development,
    50  agriculture   and   markets,  housing  and  community  renewal,  general
    51  services, labor, environmental conservation, homeland security and emer-
    52  gency services, the chairperson of the public  service  commission,  the
    53  superintendent  of  financial  services,  the presidents of the New York
    54  state energy research and development; New York  power  authority;  Long
    55  Island  power  authority; secretary of state, the chairman of the metro-

        A. 8270--A                          6
     1  politan transportation authority and dormitory of the state of New York,
     2  or their designee.
     3    b. two members appointed by the governor;
     4    c.  two  members  to  be  appointed  by the temporary president of the
     5  senate;
     6    d. two members to be appointed by the speaker of the assembly;
     7    e. one member to be appointed by the minority leader  of  the  senate;
     8  and
     9    f. one member to be appointed by the minority leader of the assembly.
    10    2.  The  at  large members shall include at all times individuals with
    11  expertise in issues relating to climate change mitigation and/or adapta-
    12  tion, such as environmental justice, labor, public health and  regulated
    13  industries.
    14    3.  Council  members  shall receive no compensation for their services
    15  but shall be reimbursed for actual and necessary  expenses  incurred  in
    16  the performance of their duties.
    17    4.  The  chairperson of the council shall be the commissioner of envi-
    18  ronmental conservation or his or her designee.
    19    5. A majority of the members of the council shall constitute a quorum.
    20    6. Any vacancies on the council shall be filled in the manner provided
    21  for in the initial appointment.
    22    7. The council shall be  authorized  to  convene  advisory  panels  to
    23  assist or advise it in areas requiring special expertise or knowledge.
    24    8.  The  department  shall  provide  the council with such facilities,
    25  assistance and data as will enable the council to carry out  its  powers
    26  and  duties.  Additionally,  all other agencies of the state or subdivi-
    27  sions thereof may, at the request of the chairperson, provide the  coun-
    28  cil  with such facilities, assistance, and data as will enable the coun-
    29  cil to carry out its powers and duties.
    30    9. The council shall consult with the climate  justice  working  group
    31  established  in section 75-0113 of this article, the department of state
    32  utility intervention unit, and the federally  designated  electric  bulk
    33  system operator.
    34    10. The council shall advise the department on:
    35    a.  The development of statewide greenhouse gas emissions limits rules
    36  and regulations, pursuant to section 75-0107 of this article, and  regu-
    37  lations to achieve statewide greenhouse gas emissions reductions, pursu-
    38  ant to section 75-0111 of this article.
    39    b. The preparation of a scoping plan for reducing greenhouse gas emis-
    40  sions,  pursuant  to the procedures set forth in section 75-0109 of this
    41  article.
    42    11. The council shall identify existing climate change mitigation  and
    43  adaptation  efforts at the federal, state, and local levels and may make
    44  recommendations regarding how such  policies  may  improve  the  state's
    45  efforts.
    46    12.  The  council shall maintain a website that includes public access
    47  to the scoping plan and greenhouse gas limit information.
    48  § 75-0105. Statewide greenhouse gas emissions report.
    49    1. No later than one year after the effective date  of  this  article,
    50  and  each year thereafter, the department shall issue a report on state-
    51  wide greenhouse gas emissions,  expressed  in  tons  of  carbon  dioxide
    52  equivalents,  from  all  greenhouse  gas  emission sources in the state,
    53  including the relative contribution of each type of greenhouse  gas  and
    54  each type of source to the statewide total.

        A. 8270--A                          7
     1    2. The statewide greenhouse gas emissions report shall be a comprehen-
     2  sive evaluation, informed by a variety of data, including but not limit-
     3  ed to:
     4    a.  information relating to the use of fossil fuels by sector, includ-
     5  ing for  electricity  generation,  transportation,  heating,  and  other
     6  combustion purposes;
     7    b.  information relating to fugitive and vented emissions from systems
     8  associated with the  production,  processing,  transport,  distribution,
     9  storage, and consumption of fossil fuels, including natural gas;
    10    c.  information  relating  to  emissions from non-fossil fuel sources,
    11  including, but not limited to, garbage incinerators, biomass combustion,
    12  landfills and landfill gas generators, and anaerobic digesters;
    13    d. information relating to emissions  associated  with  manufacturing,
    14  chemical  production,  cement  plants,  and other processes that produce
    15  non-combustion emissions; and
    16    e. information from sources that may be required to participate in the
    17  registration and reporting system pursuant to subdivision four  of  this
    18  section.
    19    3. The statewide greenhouse gas emissions report shall also include an
    20  estimate  of  greenhouse gas emissions associated with the generation of
    21  imported electricity and with the extraction and transmission of  fossil
    22  fuels  imported  into  the  state  which shall be counted as part of the
    23  statewide total.
    24    4. Within one year after the  effective  date  of  this  article,  the
    25  department  shall consider establishing a mandatory registry and report-
    26  ing system from individual sources to  obtain  data  on  greenhouse  gas
    27  emissions  exceeding a particular threshold. If established, such regis-
    28  try and reporting system shall apply a consistent reporting threshold to
    29  ensure the unbiased collection of data.
    30    5. The statewide greenhouse gas emissions report shall also include an
    31  estimate of what the statewide greenhouse gas  emissions  level  was  in
    32  1990.
    33    6.  The  statewide  greenhouse gas emissions report shall utilize best
    34  available science and methods of analysis, including the comparison  and
    35  reconciliation of emission estimates from all sources, fuel consumption,
    36  field data, and peer-reviewed research.
    37    7. The statewide greenhouse gas emissions report shall clearly explain
    38  the  methodology  and analysis used in the department's determination of
    39  greenhouse gas emissions and shall include a detailed explanation of any
    40  changes in methodology or analysis, adjustments made to prior estimates,
    41  as needed, and any other information necessary to establish a  scientif-
    42  ically credible account of change.
    43    8.  The  department  shall  hold  at least two public hearings to seek
    44  public input regarding the methodology and analysis used in the determi-
    45  nation of statewide greenhouse gas emissions, and periodically thereaft-
    46  er.
    47  § 75-0107. Statewide greenhouse gas emissions limits.
    48    1. No later than one year after the effective date  of  this  article,
    49  the  department  shall,  pursuant  to  rules and regulations promulgated
    50  after at least one public hearing, establish a statewide greenhouse  gas
    51  emissions limit as a percentage of 1990 emissions, as estimated pursuant
    52  to section 75-0105 of this article, as follows:
    53    a. 2020: 85% of 1990 emissions.
    54    b. 2025: 65% of 1990 emissions.
    55    c. 2030: 50% of 1990 emissions.
    56    d. 2035: 35% of 1990 emissions.

        A. 8270--A                          8
     1    e. 2040: 20% of 1990 emissions.
     2    f. 2045: 10% of 1990 emissions.
     3    g. 2050: 0% of 1990 emissions.
     4    2. Greenhouse gas emission limits shall be measured in units of carbon
     5  dioxide  equivalents  and  identified for each individual type of green-
     6  house gas.
     7    3. In order to ensure the most accurate  determination  feasible,  the
     8  department  shall  utilize the best available scientific, technological,
     9  and economic information on greenhouse gas emissions  and  consult  with
    10  the  council,  stakeholders,  and the public in order to ensure that all
    11  emissions are accurately reflected in its determination  of  1990  emis-
    12  sions levels.
    13  § 75-0109. Scoping   plan   for   statewide   greenhouse  gas  emissions
    14               reductions.
    15    1. On or before two years of the effective date of this  article,  the
    16  department  shall  prepare  and  approve  a  scoping  plan outlining the
    17  department's recommendations for attaining the statewide greenhouse  gas
    18  emissions  limits in accordance with the schedule established in section
    19  75-0107 of this article.
    20    2. The draft scoping plan shall be developed in consultation with  the
    21  council,  environmental  justice advisory group, and the climate justice
    22  working group established pursuant to section 75-0113  of  this  article
    23  and other stakeholders.
    24    a.  The  department  and  the council shall hold at least six regional
    25  public comment hearings on the draft scoping plan, including three meet-
    26  ings in the upstate region and three meetings in the  downstate  region,
    27  and  shall  allow at least one hundred twenty days for the submission of
    28  public comment.
    29    b. The department shall provide meaningful  opportunities  for  public
    30  comment  from  all  persons  who will be impacted by the plan, including
    31  persons living in disadvantaged communities as  identified  pursuant  to
    32  section 75-0113 of this article.
    33    c.  On  or before thirty months of the effective date of this article,
    34  the department shall submit the final scoping plan to the governor,  the
    35  speaker  of  the  assembly and the temporary president of the senate and
    36  post such plan on its website.
    37    3. The scoping plan shall identify and make recommendations on regula-
    38  tory measures and other state actions that will ensure the attainment of
    39  the statewide greenhouse gas emissions limits  established  pursuant  to
    40  section  75-0107 of this article. The measures and actions considered in
    41  such scoping plan shall at a minimum include:
    42    a. Performance-based standards for sources  of  greenhouse  gas  emis-
    43  sions,  including  but  not  limited  to  sources in the transportation,
    44  building, industrial, commercial, and agricultural sectors.
    45    b. Market-based mechanisms to reduce statewide  greenhouse  gas  emis-
    46  sions or emissions from a particular source category, including an exam-
    47  ination of: the imposition of fees per unit of carbon dioxide equivalent
    48  emitted  and the imposition of emissions caps accompanied by a system of
    49  tradable emission allowances.
    50    c. Measures  to  reduce  emissions  from  the  electricity  sector  by
    51  displacing  fossil-fuel  fired electricity with renewable electricity or
    52  energy efficiency.
    53    d. Land-use and transportation planning  measures  aimed  at  reducing
    54  greenhouse gas emissions from motor vehicles.
    55    e.  Measures  to achieve long-term carbon sequestration and/or promote
    56  best management practices in land use, agriculture and forestry.

        A. 8270--A                          9
     1    f. Verifiable, enforceable and voluntary emissions reduction measures.
     2    4. In developing such plan the department shall:
     3    a.  Consider  all  relevant  information  pertaining to greenhouse gas
     4  emissions reduction programs in other states, regions,  localities,  and
     5  nations.
     6    b.  Evaluate, using the best available economic models, emission esti-
     7  mation techniques and other  scientific  methods,  the  total  potential
     8  costs  and  potential economic and non-economic benefits of the plan for
     9  reducing greenhouse gases, and make such evaluation publicly  available.
    10  In conducting this evaluation, the department shall quantify:
    11    i.  The  economic  and  social  benefits  of  greenhouse gas emissions
    12  reductions, taking into account the federal social cost of  carbon,  any
    13  other  tools  that  the  department  deems useful and pertinent for this
    14  analysis, and any environmental, economic and public health  co-benefits
    15  (such as the reduction of co-pollutants and the diversification of ener-
    16  gy sources); and
    17    ii.  The  costs of implementing proposed emissions reduction measures,
    18  and the emissions reductions that the department  anticipates  achieving
    19  through these measures.
    20    c.  Take  into  account  the  relative  contribution of each source or
    21  source category to statewide greenhouse gas emissions, and the potential
    22  for adverse effects on small businesses,  and  recommend  a  de  minimis
    23  threshold  of  greenhouse  gas  emissions below which emission reduction
    24  requirements will not apply.
    25    d. Identify measures to maximize reductions  of  both  greenhouse  gas
    26  emissions  and  co-pollutants in disadvantaged communities as identified
    27  pursuant to section 75-0113 of this article.
    28    5. The department shall update its plan for  achieving  the  statewide
    29  greenhouse gas emissions limits at least once every five years and shall
    30  make such updates available to the governor, the speaker of the assembly
    31  and  the  temporary president of the senate and post such updates on its
    32  website.
    33  § 75-0111. Promulgation of regulations to achieve  statewide  greenhouse
    34               gas emissions reductions.
    35    1. No later than three years after the effective date of this article,
    36  the  department,  after public workshops and consultation with the coun-
    37  cil, the environmental justice advisory group, and the  climate  justice
    38  working  group  established pursuant to section 75-0113 of this article,
    39  representatives of regulated entities, community organizations, environ-
    40  mental groups, health  professionals,  labor  unions,  municipal  corpo-
    41  rations, trade associations and other stakeholders, shall, after no less
    42  than  two  public  hearings,  promulgate rules and regulations to ensure
    43  compliance with the statewide emissions reduction limits.
    44    2. The regulations promulgated by  the  department  pursuant  to  this
    45  section shall:
    46    a. Ensure that the aggregate emissions of greenhouse gases from green-
    47  house  gas emission sources will not exceed the statewide greenhouse gas
    48  emissions limits established in section 75-0107 of this article.
    49    b. Include legally enforceable emissions  limits,  performance  stand-
    50  ards, or measures or other requirements to control emissions from green-
    51  house gas emission sources.
    52    c.  Include  measures to reduce emissions from greenhouse gas emission
    53  sources that have a cumulatively significant impact on statewide  green-
    54  house  gas  emissions,  such  as  internal combustion vehicles that burn
    55  gasoline or diesel fuel and boilers or furnaces that burn oil or natural
    56  gas.

        A. 8270--A                         10
     1    3. In promulgating these regulations, the department shall:
     2    a.  Design  and implement all regulations in a manner that seeks to be
     3  equitable, to minimize costs and to maximize the total benefits  to  New
     4  York, and encourages early action to reduce greenhouse gas emissions.
     5    b.  Ensure that greenhouse gas emissions reductions achieved are real,
     6  permanent, quantifiable, verifiable, and enforceable by the department.
     7    c. Ensure that activities undertaken to comply with the regulations do
     8  not result in a net increase  in  co-pollutant  emissions  or  otherwise
     9  disproportionately burden disadvantaged communities as identified pursu-
    10  ant to section 75-0113 of this article.
    11    d.  Prioritize  measures  to maximize net reductions of greenhouse gas
    12  emissions and co-pollutants in disadvantaged communities  as  identified
    13  pursuant  to  section 75-0113 of this article and encourage early action
    14  to reduce greenhouse gas emissions and co-pollutants.
    15    e. Minimize leakage.
    16    4. Market-based compliance mechanisms.
    17    a. The department may consider provisions for the use of  market-based
    18  compliance mechanisms to comply with the regulations.
    19    b.  Prior to the inclusion of any market-based compliance mechanism in
    20  the regulations, to the  extent  feasible  and  in  the  furtherance  of
    21  achieving  the  statewide greenhouse gas emissions limit, the department
    22  shall do all of the following:
    23    i. Consider the potential for direct, indirect, and  cumulative  emis-
    24  sion  impacts  from  these  mechanisms,  including  localized impacts in
    25  disadvantaged communities as identified pursuant to section  75-0113  of
    26  this article;
    27    ii.  Design  any  market-based  compliance  mechanism  to  prevent any
    28  increase in the emissions of co-pollutants; and
    29    iii. Maximize additional environmental, public  health,  and  economic
    30  benefits  for  the  state  of New York and for disadvantaged communities
    31  identified pursuant to section 75-0113 of this article, as appropriate.
    32    c. Such regulations shall include  provisions  governing  how  market-
    33  based compliance mechanisms may be used by regulated entities subject to
    34  greenhouse   gas  emissions  limits  and  mandatory  emission  reporting
    35  requirements to achieve compliance with their greenhouse  gas  emissions
    36  limits.
    37    d.  The  department  shall ensure that, at a minimum, forty percent of
    38  any funds collected pursuant to any market-based compliance  regulations
    39  promulgated under this section as a result of legislative authorization,
    40  funds authorized by the public service commission to be collected solely
    41  for  and  directed to the New York state energy research and development
    42  authority and proceeds collected by the New York state  energy  research
    43  and  development  authority  from  the auction or sale of carbon dioxide
    44  emission allowances allocated by the department are invested in a manner
    45  which will benefit disadvantaged  communities,  identified  pursuant  to
    46  section  75-0113  of  this article, consistent with the purposes of this
    47  article, including, but not limited to, increased  access  to  renewable
    48  energy, energy efficiency, weatherization, zero- and low-emission trans-
    49  portation,  and  adaptation opportunities.  The department shall consult
    50  with the climate justice working group in developing  and  carrying  out
    51  such investments.
    52  § 75-0113. Climate justice working group.
    53    1.  There  is  hereby created within the department, no later than six
    54  months after the effective date of  this  article,  a  "climate  justice
    55  working  group". Such working group will be comprised of representatives
    56  from: environmental justice communities, the department, the  department

        A. 8270--A                         11
     1  of health, the New York state energy and research development authority,
     2  and the department of labor.
     3    a. Environmental justice community representatives shall be members of
     4  communities  of  color,  low-income communities, and communities bearing
     5  disproportionate pollution and  climate  change  burdens,  or  shall  be
     6  representatives  of  community-based organizations with experience and a
     7  history of advocacy on environmental justice issues, and  shall  include
     8  at  least  three  representatives  from New York city communities, three
     9  representatives from rural communities, and three  representatives  from
    10  upstate urban communities.
    11    b. The working group, in consultation with the department, the depart-
    12  ments of health and labor, the New York state energy and research devel-
    13  opment  authority,  and  the  environmental justice advisory group, will
    14  establish  criteria  to  identify  disadvantaged  communities  for   the
    15  purposes   of   co-pollutant   reductions,   greenhouse   gas  emissions
    16  reductions, regulatory impact statements, and the allocation of  invest-
    17  ments related to this article.
    18    c.  Disadvantaged communities shall be identified based on geographic,
    19  public health, environmental hazard, and socioeconomic  criteria,  which
    20  shall include but are not limited to:
    21    (1)  areas  burdened  by  cumulative environmental pollution and other
    22  hazards that can lead to negative public health effects;
    23    (2) areas with concentrations of people that are of low  income,  high
    24  unemployment, high rent burden, low levels of home ownership, low levels
    25  of  educational  attainment, or members of groups that have historically
    26  experienced discrimination on the basis of race or ethnicity; and
    27    (3) areas vulnerable to the impacts of climate change such  as  flood-
    28  ing, storm surges, and urban heat island effects.
    29    2. Before finalizing the criteria for identifying disadvantaged commu-
    30  nities and identifying disadvantaged communities pursuant to subdivision
    31  one  of  this section, the department shall publish draft criteria and a
    32  draft list of disadvantaged communities and make such information avail-
    33  able on its website.
    34    a. The department shall hold at least six regional public hearings  on
    35  the  draft  criteria  and  the  draft list of disadvantaged communities,
    36  including three meetings in the upstate region and three meetings in the
    37  downstate region, and shall allow at least one hundred twenty  days  for
    38  the submission of public comment.
    39    b. The department shall also ensure that there are meaningful opportu-
    40  nities  for  public  comment for all persons who will be impacted by the
    41  criteria, including persons living in areas that may  be  identified  as
    42  disadvantaged communities under the proposed criteria.
    43    3.  The  group  will meet no less than annually to review the criteria
    44  and methods used to identify disadvantaged communities  and  may  modify
    45  such  methods  to  incorporate  new  data  and  scientific findings. The
    46  climate justice working group shall review identities  of  disadvantaged
    47  communities and modify such identities as needed.
    48  § 75-0115. Implementation reporting.
    49    1.  The  department  shall,  not less than every four years, publish a
    50  report which shall include recommendations regarding the  implementation
    51  of greenhouse gas reduction measures.
    52    2. The report shall, at minimum, include:
    53    a.  Whether the state is on track to meet the statewide greenhouse gas
    54  emissions limits established in section 75-0107 of this article.

        A. 8270--A                         12
     1    b. An assessment of existing regulations and whether modifications are
     2  needed to ensure fulfillment of the statewide greenhouse  gas  emissions
     3  limits.
     4    c.  An overview of social benefits from the regulations or other meas-
     5  ures, including reductions in greenhouse gas emissions and copollutants,
     6  diversification of energy sources, and other benefits  to  the  economy,
     7  environment, and public health, including women's health.
     8    d.  An overview of compliance costs for regulated entities and for the
     9  department and other state agencies.
    10    e. Whether regulations or  other  greenhouse  gas  reduction  measures
    11  undertaken are equitable, minimize costs and maximize the total benefits
    12  to the state, and encourage early action.
    13    f.  Whether  activities  undertaken  to  comply with state regulations
    14  disproportionately burden disadvantaged communities as identified pursu-
    15  ant to section 75-0113 of this article.
    16    g. An assessment of local benefits and impacts of  any  reductions  in
    17  co-pollutants  related  to  reductions in statewide and local greenhouse
    18  gas emissions.
    19    h. An assessment of disadvantaged communities' access to or  community
    20  ownership of the services and commodities identified in section eight of
    21  the chapter of the laws of two thousand seventeen which added this arti-
    22  cle.
    23    i. Whether entities that have voluntarily reduced their greenhouse gas
    24  emissions  prior to the implementation of this article receive appropri-
    25  ate credit for early voluntary reductions.
    26    j. Recommendations for future regulatory and policy action.
    27    3. In preparing this report,  the  department  shall,  at  a  minimum,
    28  consult  with  the council, and the climate justice working group estab-
    29  lished in section 75-0113 of this article.
    30    4. The report shall  be  published  and  posted  on  the  department's
    31  website.
    32    §  3.  Subdivision 1 of section 54-1523 of the environmental conserva-
    33  tion law is amended by adding a new paragraph h to read as follows:
    34    h. to  establish  and  implement  easily-replicated  renewable  energy
    35  projects, including solar arrays, heat pumps and wind turbines in public
    36  low-income housing in suburban, urban and rural areas.
    37    § 4. The public service law is amended by adding a new section 66-o to
    38  read as follows:
    39    §  66-o.  Establishment  of a renewable energy program.  1. As used in
    40  this section:
    41    (a) "load serving entity" means any  entity  that  secures  energy  to
    42  serve  the  electrical  energy  requirements of end-use customers in New
    43  York state;
    44    (b) "prevailing rate of wages" shall have the  same  meaning  as  such
    45  term  is  defined  in  paragraph  a  of  subdivision five of section two
    46  hundred twenty of the labor law; and
    47    (c) "renewable energy systems" means systems that generate electricity
    48  or thermal energy through use of the following technologies: solar ther-
    49  mal, photovoltaics, wind, hydroelectric, geothermal electric, geothermal
    50  ground source heat, tidal energy, wave energy, ocean  thermal,  offshore
    51  wind  and  fuel cells which do not utilize a fossil fuel resource in the
    52  process of generating electricity.
    53    2. No later than January first, two thousand eighteen, the  commission
    54  shall  establish a program to require that a minimum of fifty percent of
    55  the statewide electric generation secured by load  serving  entities  to
    56  meet  the electrical energy requirements of all end-use customers in New

        A. 8270--A                         13
     1  York state in two thousand thirty shall be generated by renewable energy
     2  systems.
     3    The commission shall set annual minimum percentage levels of electric-
     4  ity  generated  by  renewable  energy  systems  and delivered to end-use
     5  customers in New York state for each year of the program.
     6    3. No later than July first, two thousand nineteen and every two years
     7  thereafter, the commission shall, after notice  and  provision  for  the
     8  opportunity  to  comment,  issue  a  comprehensive review of the program
     9  established pursuant to this section. The  commission  shall  determine,
    10  among other matters:  (a) progress in meeting the overall annual targets
    11  for  deployment of renewable energy systems; (b) distribution of systems
    12  by size and load zone; and (c) annual funding commitments  and  expendi-
    13  tures.  The  commission  shall  evaluate  the annual targets established
    14  pursuant to subdivision two of this section and  determine  whether  the
    15  annual targets should be accelerated, increased or extended, taking into
    16  consideration  load  modifications  associated with, but not limited to,
    17  energy efficiency measures and the  electrification  of  transportation,
    18  heating systems and industrial processes.
    19    4.  The  commission  may temporarily suspend or modify the obligations
    20  under such program provided that  the  commission,  after  conducting  a
    21  hearing  as  provided in section twenty of this chapter, makes a finding
    22  that the program impedes the provision of  safe  and  adequate  electric
    23  service  or  that  there is a significant increase in arrears or service
    24  disconnections that the commission determines is related to the program.
    25    5. Every contractor employed pursuant to this section,  not  otherwise
    26  required  to  pay  laborers, workers or mechanics the prevailing rate of
    27  wages pursuant to article eight of the labor law,  shall  pay  employees
    28  under  contract for the development of renewable energy systems rated at
    29  two hundred fifty kilowatts or  more,  a  wage  of  not  less  than  the
    30  prevailing  rate  of  wages  for  such  work  in the locality where such
    31  installation occurs. This requirement shall be in effect for  the  dura-
    32  tion  of  the  receipt  by  the contractor of the incentives established
    33  pursuant to this section and in no event shall such  requirement  extend
    34  beyond  the availability of such incentives. Every contractor subject to
    35  the provisions of this subdivision shall  maintain  payroll  records  in
    36  accordance with section two hundred twenty of the labor law.
    37    § 5. Section 1005 of the public authorities law is amended by adding a
    38  new subdivision 26 to read as follows:
    39    26.  Renewable energy program. As deemed feasible and advisable by the
    40  trustees,  no  later  than  January  first,  two  thousand eighteen, the
    41  authority shall secure energy to serve the  electrical  energy  require-
    42  ments  of  its end-use customers in accordance with the renewable energy
    43  program as set forth and defined in section sixty-six-o  of  the  public
    44  service law.
    45    §  6.  Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
    46  law, as renumbered by chapter 388 of the laws of  2011,  are  renumbered
    47  sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
    48  to read as follows:
    49    § 1020-ii.  Renewable energy program. The authority and all load serv-
    50  ing  entities that secure energy to serve the electrical energy require-
    51  ments of end-use customers in its service territory  shall  comply  with
    52  the  renewable energy program as set forth and defined in section sixty-
    53  six-o of the public service law.
    54    § 6-a. Subdivision 1 of section 1020-s of the public authorities  law,
    55  as amended by section 9 of part A of chapter 173 of the laws of 2013, is
    56  amended to read as follows:

        A. 8270--A                         14
     1    1.  The  rates,  services  and  practices  relating to the electricity
     2  generated by facilities owned or operated by the authority shall not  be
     3  subject to the provisions of the public service law or to regulation by,
     4  or  the  jurisdiction  of,  the public service commission, except to the
     5  extent (a) article seven of the public service law applies to the siting
     6  and operation of a major utility transmission facility as defined there-
     7  in,  (b)  article  ten of such law applies to the siting of a generating
     8  facility as defined therein, (c) section eighteen-a of such law provides
     9  for assessment for certain costs, property or operations, [and]  (d)  to
    10  the  extent  that  the  department  of  public service reviews and makes
    11  recommendations with respect to the operations and provision of services
    12  of, and rates and budgets established  by,  the  authority  pursuant  to
    13  section  three-b  of  such  law  and (e) that section sixty-six-o of the
    14  public service law applies to the authority and  load  serving  entities
    15  that  secure  energy to serve the electrical energy requirements of end-
    16  use customers within the authority's jurisdiction.
    17    § 7. The labor law is amended by adding a new article 8-B to  read  as
    18  follows:
    19                                 ARTICLE 8-B
    20                LABOR AND JOB STANDARDS AND WORKER PROTECTION
    21  Section 228. Labor and job standards and worker protection.
    22    §  228.  Labor  and  job standards and worker protection. 1. All state
    23  agencies involved in implementing the New York state climate and  commu-
    24  nity  protection  act  shall assess and implement strategies to increase
    25  employment opportunities and improve job  quality.  Within  one  hundred
    26  twenty  days  of the effective date of this section, all state agencies,
    27  offices, authorities, and divisions shall report to the legislature on:
    28    a. steps they will take to ensure compliance with this section; and
    29    b. regulations necessary to ensure that they prioritize the  statewide
    30  goal of creating good jobs and increasing employment opportunities.
    31    2.   In   considering  and  issuing  permits,  licenses,  regulations,
    32  contracts, and other administrative approvals and decisions pursuant  to
    33  the New York state climate and community protection act, all state agen-
    34  cies,  offices,  authorities,  and  divisions  shall apply the following
    35  labor, training, and job quality  standards  to  the  following  project
    36  types:  public  work; projects in receipt of more than one hundred thou-
    37  sand dollars in total financial assistance; or to projects with a  total
    38  value  of more than ten million dollars; and privately-financed projects
    39  on public property.
    40    a. the payment of no less than prevailing wages for all  employees  in
    41  construction  and  building,  consistent  with article eight of the this
    42  chapter, and building services, consistent with  article  nine  of  this
    43  chapter;
    44    b.  the inclusion of contract language requiring contractors to estab-
    45  lish labor harmony policies; dispute resolution  mechanisms;  prevailing
    46  wage   compliance;   safety  policies;  workers  compensation  insurance
    47  (including review of contractor experience rating  and  other  factors);
    48  and  apprenticeship program appropriate for crafts employed. Procurement
    49  rules should encourage bundling  of  small  contracts  and  projects  to
    50  improve the efficiency of compliance;
    51    c. apprenticeship utilization:
    52    i.  that  all  contractors  and  subcontractors,  including those that
    53  participate in power purchase agreements, energy performance  contracts,
    54  or other similar programs, participate in apprenticeship programs in the
    55  trades in which they are performing work;

        A. 8270--A                         15
     1    ii.  maximum  use  of  apprentices as per department of labor approved
     2  ratios;
     3    iii. encouragement of affiliated pre-apprentice direct entry programs,
     4  including  but  not  limited  to EJM Construction Skills; NYC Helmets to
     5  Hardhats, and Nontraditional Employment for Women (NEW) for the recruit-
     6  ment of local and/or disadvantaged workers;
     7    iv. existing workforce development programs, including  those  at  the
     8  New York state energy research and development authority, should be made
     9  to conform to these standards.
    10    3.  The  commissioner,  the fiscal officer and other relevant agencies
    11  shall promulgate such regulations as  are  necessary  to  implement  and
    12  administer  compliance  with the provisions of this section. The depart-
    13  ment and the fiscal officer shall coordinate with  organized  labor  and
    14  local  and  county  level  governments  to  implement  a system to track
    15  compliance, accept reports of non-compliance for enforcement action, and
    16  report annually on the adoption of these standards  to  the  legislature
    17  starting one year from the effective date of this section.
    18    a.  For  the purposes of this section, "fiscal officer" shall mean the
    19  industrial commissioner, except for construction  and  building  service
    20  work performed by or on behalf of a city, in which case "fiscal officer"
    21  shall mean the comptroller or other analogous officer of such city.
    22    b.  The  provisions  of  the  contract  by  the recipient of financial
    23  assistance pertaining  to  prevailing  wages  are  to  be  considered  a
    24  contract  for  the benefit of construction and building service workers,
    25  upon which such workers shall have the right to maintain action for  the
    26  difference  between  the prevailing wage rate of pay, benefits, and paid
    27  leave and the rates of pay, benefits, and paid leave  actually  received
    28  by them, and including attorney's fees.
    29    c.  i.  Where  a  recipient of financial assistance contracts building
    30  service work to a building service contractor, the contractor is held to
    31  the same obligations with respect to prevailing wages as the  recipient.
    32  The recipient must include terms establishing this obligation within any
    33  contract signed with a contractor.
    34    ii.   Where   a   recipient  of  financial  assistance  contracts  for
    35  construction,  excavation,  demolition,  rehabilitation,  repair,  reno-
    36  vation,  alteration or improvement to a subcontractor, the subcontractor
    37  is held to the same obligations with respect to prevailing wages as  the
    38  recipient. The recipient must include terms establishing this obligation
    39  within any contract signed with a subcontractor.
    40    4.  For  the purposes of this section "financial assistance" means any
    41  provision of public funds to  any  person,  individual,  proprietorship,
    42  partnership,  joint  venture,  corporation,  limited  liability company,
    43  trust, association, organization, or other entity that  receives  finan-
    44  cial  assistance, or any assignee or successor in interest of real prop-
    45  erty improved or  developed  with  financial  assistance,  for  economic
    46  development within the state, including but not limited to cash payments
    47  or  grants,  bond financing, tax abatements or exemptions, including but
    48  not limited to abatements or exemptions  from  real  property,  mortgage
    49  recording,  sales, and use taxes, or the difference between any payments
    50  in lieu of taxes and the amount of real property  or  other  taxes  that
    51  would  have  been due if the property were not exempted from such taxes,
    52  tax increment financing, filing fee  waivers,  energy  cost  reductions,
    53  environmental  remediation  costs,  write-downs  in  the market value of
    54  buildings or land, or the cost of capital improvements related  to  real
    55  property  for  which  the  state  would  not  pay absent the development
    56  project, and includes both discretionary and as of right assistance. The

        A. 8270--A                         16
     1  provisions of this section shall only apply to projects  receiving  more
     2  than  one  hundred thousand dollars in total financial assistance, or to
     3  projects with a total project value of more than ten million dollars.
     4    5. The commissioner shall evaluate whether there are additional stand-
     5  ards  that could be applied to increase wage and benefit standards or to
     6  encourage a safe, well-trained, and adequately compensated workforce.
     7    6. Nothing set forth in this section shall  be  construed  to  impede,
     8  infringe,  or diminish the rights and benefits which accrue to employees
     9  through bona fide collective bargaining agreements, or otherwise  dimin-
    10  ish the integrity of the existing collective bargaining relationship.
    11    7. Nothing set forth in this section shall preclude a local government
    12  from setting additional standards that expand on these state-wide stand-
    13  ards.
    14    § 8. Report on barriers to, and opportunities for, community ownership
    15  of  services  and  commodities  in  disadvantaged  communities. 1. On or
    16  before two years of the effective date of this act,  the  department  of
    17  environmental conservation, with input from relevant state agencies, the
    18  environmental  justice  advisory  group as defined in section 75-0101 of
    19  the environmental conservation law, the climate justice working group as
    20  defined in section 75-0113 of the  environmental  conservation  law  and
    21  Climate  Action  Council  established in article 75 of the environmental
    22  conservation law, and following at  least  two  public  hearings,  shall
    23  prepare  a  report  on  barriers to, and opportunities for, access to or
    24  community ownership of the following services and commodities in  disad-
    25  vantaged  communities  as  identified in article 75 of the environmental
    26  conservation law:
    27    a. Distributed renewable energy generation.
    28    b. Energy efficiency and weatherization investments.
    29    c. Zero-emission and low-emission transportation options.
    30    d. Adaptation measures to improve the resilience of  homes  and  local
    31  infrastructure to the impacts of climate change including but not limit-
    32  ed to microgrids.
    33    e. Other services and infrastructure that can reduce the risks associ-
    34  ated with climate-related hazards, including but not limited to:
    35    i. Shelters and cool rooms during extreme heat events;
    36    ii. Shelters during flooding events; and
    37    iii.  Medical  treatment for asthma and other conditions that could be
    38  exacerbated by climate-related events.
    39    2. The report, which shall be submitted to the governor,  the  speaker
    40  of  the assembly and the temporary president of the senate and posted on
    41  the department of  environmental  conservation  website,  shall  include
    42  recommendations  on  how  to increase access to the services and commod-
    43  ities.
    44    3. The department of environmental conservation shall amend the  scop-
    45  ing plan for statewide greenhouse gas emissions reductions in accordance
    46  with the recommendations included in the report.
    47    §  9.  Climate change actions by state agencies. 1. All state agencies
    48  shall assess and implement strategies to  reduce  their  greenhouse  gas
    49  emissions.
    50    2. In considering and issuing permits, licenses, and other administra-
    51  tive approvals and decisions, including but not limited to the execution
    52  of  grants,  loans, and contracts, all state agencies, offices, authori-
    53  ties, and divisions shall consider whether such decisions are inconsist-
    54  ent with or will interfere with the attainment of the  statewide  green-
    55  house   gas   emissions   limits   established  in  article  75  of  the
    56  environmental conservation law. Where such decisions are  deemed  to  be

        A. 8270--A                         17
     1  inconsistent with or will interfere with the attainment of the statewide
     2  greenhouse  gas  emissions  limits,  each  agency, office, authority, or
     3  division shall provide a detailed statement of justification as  to  why
     4  such limits/criteria may not be met, and identify alternatives or green-
     5  house  gas  mitigation  measures  to  be  required where such project is
     6  located.
     7    3. In considering and issuing permits, licenses, and other administra-
     8  tive approvals and decisions, including but not limited to the execution
     9  of grants, loans, and contracts, pursuant to article 75 of the  environ-
    10  mental  conservation  law, all state agencies, offices, authorities, and
    11  divisions shall not disproportionately burden disadvantaged  communities
    12  as  identified pursuant to subdivision 5 of section 75-0101 of the envi-
    13  ronmental conservation law. All state  agencies,  offices,  authorities,
    14  and  divisions  shall also prioritize reductions of greenhouse gas emis-
    15  sions and  co-pollutants  in  disadvantaged  communities  as  identified
    16  pursuant  to  such subdivision 5 of section 75-0101 of the environmental
    17  conservation law.
    18    § 10. Authorization for other state agencies to promulgate  greenhouse
    19  gas  emissions  regulations.  1.  The public service commission, the New
    20  York state energy research and development authority, the department  of
    21  health,  the  department of transportation, the department of state, the
    22  department of economic development, the department  of  agriculture  and
    23  markets,  the  department  of  financial services, the office of general
    24  services, the division of housing  and  community  renewal,  the  public
    25  utility  authorities  established  pursuant  to  titles 1, 1-A, 1-B, 11,
    26  11-A, 11-B, 11-C and 11-D of article 5 of the public authorities law and
    27  any other state agency  may  promulgate  regulations  to  contribute  to
    28  achieving  the  statewide greenhouse gas emissions limits established in
    29  article 75 of the environmental conservation law. Provided, however, any
    30  such regulations shall not limit the department of environmental conser-
    31  vation's authority to regulate  and  control  greenhouse  gas  emissions
    32  pursuant to article 75 of the environmental conservation law.
    33    §  11.  Chapter  355  of the laws of 2014, constituting the "community
    34  risk and resiliency act", is amended by adding two new sections 17-a and
    35  17-b to read as follows:
    36    § 17-a.  The  department  of  environmental  conservation  shall  take
    37  actions to promote adaptation and resilience, including:
    38    (a)  actions  to  help  state  agencies  and other entities assess the
    39  reasonably foreseeable risks of climate change on any proposed projects,
    40  taking into account issues such as: sea level rise, tropical and  extra-
    41  tropical  cyclones, storm surges, flooding, wind, changes in average and
    42  peak temperatures, changes in average  and  peak  precipitation,  public
    43  health impacts, and impacts on species and other natural resources.
    44    (b)  identifying  the  most  significant climate-related risks, taking
    45  into account the probability of occurrence, the magnitude of the  poten-
    46  tial harm, and the uncertainty of the risk.
    47    (c) measures that could mitigate significant climate-related risks, as
    48  well as a cost-benefit analysis and implementation of such measures.
    49    § 17-b. Major permits for the regulatory programs of subdivision three
    50  of  section  70-0107 of the environmental conservation law shall require
    51  applicants to demonstrate that future physical  climate  risk  has  been
    52  considered. In reviewing such information the department may require the
    53  applicant  to mitigate significant risks to public infrastructure and/or
    54  services, private property not owned by the applicant,  adverse  impacts
    55  on  disadvantaged  communities, and/or natural resources in the vicinity
    56  of the project.

        A. 8270--A                         18
     1    § 12. Nothing in this act shall limit  the  existing  authority  of  a
     2  state  entity  to adopt and implement greenhouse gas emissions reduction
     3  measures.
     4    §  13. Nothing in this act shall relieve any person, entity, or public
     5  agency of compliance with other applicable federal, state, or local laws
     6  or regulations, including state air and water quality requirements,  and
     7  other requirements for protecting public health or the environment.
     8    §  14.  Review under this act may be had in a proceeding under article
     9  78 of the civil practice law and rules at the  instance  of  any  person
    10  aggrieved.
    11    §  15. Severability. If any word, phrase, clause, sentence, paragraph,
    12  section, or part of this act shall be adjudged by any court of competent
    13  jurisdiction to be invalid, such judgement shall not affect, impair,  or
    14  invalidate the remainder thereof, but shall be confined in its operation
    15  to the word, phrase, clause, sentence, paragraph, section, or part ther-
    16  eof  directly  involved in the controversy in which such judgement shall
    17  have been rendered.
    18    § 16. This act shall take effect on the same  date  and  in  the  same
    19  manner  as  a  chapter  of  the laws of 2017, amending the environmental
    20  conservation law, in relation to establishing a permanent  environmental
    21  justice  advisory group and an environmental justice interagency coordi-
    22  nating council, as proposed in  legislative  bills  numbers  A.2234  and
    23  S.3110,  takes effect; provided further, the provisions of section seven
    24  of this act shall take effect on the one hundred eightieth day after  it
    25  shall  have  become  a  law  and  shall  apply to any grants, loans, and
    26  contracts and financial assistance awarded or renewed on or  after  such
    27  effective date.
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