Bill Text: NY S01413 | 2017-2018 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-02-05 - PRINT NUMBER 1413A [S01413 Detail]

Download: New_York-2017-S01413-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1413--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced by Sens. ALCANTARA, CARLUCCI -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Environmental
          Conservation  -- recommitted to the Committee on Environmental Conser-
          vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          global warming pollution control
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Legislative  findings.  Global  warming and the resulting
     2  extreme weather events pose a serious threat to the economic well-being,
     3  public health, natural resources and environment of New York.
     4    Extreme weather events have become increasingly  common,  with  Super-
     5  storm  Sandy,  and  hurricanes  Lee  and Irene providing the most recent
     6  examples.  The potential adverse impacts of global warming  include  the
     7  exacerbation  of  air  quality  problems, a reduction in the quality and
     8  supply of fresh water to the state, a rise in sea  levels  resulting  in
     9  the  displacement  of  coastal businesses, residents and infrastructure,
    10  damage to marine ecosystems and the natural environment, and an increase
    11  in the incidences  of  infectious  diseases,  asthma,  and  other  human
    12  health-related  problems.   Global warming will have detrimental effects
    13  on some of New York's largest industries, including agriculture,  fores-
    14  try, tourism, skiing, and recreational and commercial fishing.
    15    The  Intergovernmental  Panel  on  Climate  Change, which received the
    16  Nobel Peace Prize, determined that burning coal, oil and gas has led  to
    17  higher  temperatures  that are already impacting physical and biological
    18  systems.  The panel also projected temperatures would rise more  rapidly
    19  if  greenhouse  gases  are not abated. The panel concluded that reducing
    20  emissions 80  percent  below  current  emissions  by  mid-century  would
    21  prevent the worst impacts of global warming.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07260-02-8
        S. 1413--A                          2
     1    Action  taken  by  New  York  and  other states to reduce emissions of
     2  greenhouse gases will  have  far-reaching  effects  by  encouraging  the
     3  federal government, and other countries to act including encouraging the
     4  development  of  sustainable,  non-polluting technologies such as solar,
     5  wind, geothermal and ocean currents.
     6    §  2.  Article  19 of the environmental conservation law is amended by
     7  adding a new title 13 to read as follows:
     8                                  TITLE 13
     9                      GLOBAL WARMING POLLUTION CONTROL
    10  Section 19-1301. Definitions.
    11          19-1303. Greenhouse gas reporting.
    12          19-1305. Greenhouse gas limits.
    13  § 19-1301. Definitions.
    14    When used in this title:
    15    1. "Greenhouse gas" means  carbon  dioxide,  methane,  nitrous  oxide,
    16  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other
    17  gas  determined  by  the  department  to be a significant contributor to
    18  global warming.
    19    2. "Major greenhouse gas emission source" means any source or category
    20  of sources of greenhouse gas emissions, determined by the department  to
    21  be  capable  of  being  monitored for compliance, and shall at a minimum
    22  include emissions:
    23    (a) associated with fossil fuels used in the state  by  entities  that
    24  are  manufacturers,  producers  and/or  distributors  of  fossil  fuels,
    25  including, but not limited to, oil refineries, oil  storage  facilities,
    26  and natural gas pipelines;
    27    (b)  from any utility generating or delivering electricity consumed in
    28  the state, whether the electricity is generated in the state, or  gener-
    29  ated  outside  the state and imported into the state, and accounting for
    30  transmission and distribution line losses;
    31    (c) stationary sources permitted pursuant to section 19-0311  of  this
    32  article; and
    33    (d)  from  any  additional  entities  that  are emitters of greenhouse
    34  gases, as determined by the department.
    35  § 19-1303. Greenhouse gas reporting.
    36    1. No later than May 1, 2019, the department  shall  promulgate  rules
    37  and regulations requiring annual greenhouse gas emissions reporting from
    38  major greenhouse gas emission sources. The regulations shall:
    39    (a)  include  greenhouse  gas  emissions from all major greenhouse gas
    40  emission sources expressed in tons of carbon dioxide equivalents;
    41    (b) ensure  rigorous  and  consistent  accounting  of  emissions,  and
    42  provide  reporting  tools  and formats to ensure collection of necessary
    43  data; and
    44    (c) ensure that each major greenhouse gas  emission  source  maintains
    45  comprehensive  emissions  records  of any greenhouse gas reported for at
    46  least five years.
    47    2. The department shall:
    48    (a) periodically review and update its emission reporting requirements
    49  at least every five years; and
    50    (b) make reasonable efforts to make its reporting regulations consist-
    51  ent with international, federal and other states' greenhouse  gas  emis-
    52  sion reporting programs.
    53    (c)  provide compliance assistance to small businesses pursuant to the
    54  provisions of sections 19-0313 and 19-0315 of this article.
        S. 1413--A                          3
     1    3. No later than January 1, 2022, and every  three  years  thereafter,
     2  the department shall issue a report on:
     3    (a)  the annual greenhouse gas emissions from all major greenhouse gas
     4  emission sources, including the  relative  contribution  of  each  major
     5  greenhouse  gas  emission  source to statewide greenhouse gas emissions;
     6  and
     7    (b) the progress made by the department in achieving the  requirements
     8  of section 19-1305 of this title.
     9  § 19-1305. Greenhouse gas limits.
    10    1. No later than January 1, 2020, the department, after a public hear-
    11  ing, and consultation with representatives of business interests, commu-
    12  nity  organizations,  environmental  groups,  municipal corporations and
    13  other stakeholders, shall promulgate rules and  regulations  setting  an
    14  enforceable  limit  on  the  aggregate level of greenhouse gas emissions
    15  from all greenhouse gas emission sources provided, however,  the  aggre-
    16  gate  limit  shall not be greater than the aggregate level of greenhouse
    17  gas emissions for calendar year 1990.
    18    2. (a) On January 1, 2023 the limit established in subdivision one  of
    19  this section shall be reduced by 20 percent.
    20    (b)  On  January  1,  2028 the limit established in subdivision one of
    21  this section shall be reduced by 30 percent.
    22    (c) On January 1, 2033 the limit established  in  subdivision  one  of
    23  this section shall be reduced by 40 percent.
    24    (d)  On  January  1,  2038 the limit established in subdivision one of
    25  this section shall be reduced by 50 percent.
    26    (e) On January 1, 2043 the limit established  in  subdivision  one  of
    27  this section shall be reduced by 60 percent.
    28    (f)  On  January  1,  2048 the limit established in subdivision one of
    29  this section shall be reduced by 70 percent.
    30    (g) On January 1, 2053, and each  year  thereafter,  the  limit  shall
    31  remain  at  80 percent below the limit established in subdivision one of
    32  this section.
    33    3. Any rule or regulation the commissioner adopts to comply  with  the
    34  provisions of this section shall:
    35    (a) initially focus upon ensuring state facility compliance;
    36    (b) not place or increase an additional environmental or health burden
    37  on    a  community that has a significant level of regulated air contam-
    38  inant source emissions within the community as compared with the  county
    39  average;
    40    (c) be compatible with other emissions reductions programs; and
    41    (d)  include a plan to the extent practicable to address adaptation to
    42  climate change including but not  limited  to  terrestrial  and  aquatic
    43  habitats,  plants  and  animal  species,  connectivity  of habitats, and
    44  ecosystem services provided  by  natural  resources  including  but  not
    45  limited to flood control and drinking water supply.
    46    § 3. This act shall take effect immediately.