Bill Text: NY S07253 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the New York state climate responsibility act; establishes the New York state climate action council to report on greenhouse gases, establish a greenhouse gas reduction plan and to set statewide greenhouse gas emission limits and targets.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-05 - REFERRED TO ENVIRONMENTAL CONSERVATION [S07253 Detail]
Download: New_York-2017-S07253-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7253 IN SENATE January 5, 2018 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law and the community risk and resiliency act, in relation to establishing the New York state climate responsibility act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 state climate responsibility act". 3 § 2. Legislative findings. The legislature hereby finds and declares 4 that: 5 1. Climate change threatens mankind and the planet. Its negative 6 effects have already been felt in New York with abnormally high temper- 7 atures and extreme storms like Hurricane Sandy, which resulted in 65 8 billion dollars of damage. Future threats to the planet and the state 9 include sea level rise, more frequent and extreme storms, flooding of 10 coastal areas including New York City, heat waves, drought, loss of 11 agricultural production, loss of species and ecosystems, and the 12 increased spread of infectious diseases. These impacts threaten state, 13 national, and world economies, endanger life and property, and jeopard- 14 ize public health and safety. They also place increased strain on exist- 15 ing infrastructure, hinder the delivery of critical services, and foster 16 political instability. 17 2. According to the Intergovernmental Panel on Climate Change and U.S. 18 Global Change Research Program, substantial reductions in greenhouse gas 19 emissions are required by mid-century to limit global warming to no more 20 than 2 degrees Celsius and ideally to no more than 1.5 degrees Celsius 21 compared to pre-industrial levels, and thus avoid the most severe 22 impacts of climate change. Specifically, by 2050 industrialized coun- 23 tries must reduce their greenhouse gas emissions by at least 80 percent 24 below 1990 levels to stay within 2 degrees Celsius. Tackling the climate 25 crisis requires attention to all greenhouse gases. This includes carbon 26 dioxide produced during the combustion of fossil fuels, as well as meth- 27 ane from natural gas systems that leak or vent to the atmosphere. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10760-05-8S. 7253 2 1 According to the Intergovernmental Panel on Climate Change, methane is 2 86 times more potent than carbon dioxide as a driver of climate change 3 over a 20 year period. 4 3. Due to the state's continued dependence on fossil fuels, New York 5 is not on track to meet its greenhouse gas reduction goals. Despite 6 growth in wind and solar technology, expansion of electricity generation 7 from natural gas, measured in watt-hours, continues to outpace renewa- 8 bles. Furthermore, fossil fuels continue to be the overwhelmingly domi- 9 nant source of energy for end-user purposes, including transportation 10 and heating. 11 4. In 2016, the New York state public service commission adopted a 12 clean energy standard which seeks to ensure that 50 percent of the 13 state's electricity comes from renewable sources by 2030. However, elec- 14 tricity generation is responsible for only about a quarter of New York's 15 combustion emissions and, if fully implemented, the clean energy stand- 16 ard would reduce those emissions from the electricity sector by only 17 about a quarter of what they are today. This fraction of a fraction 18 represents a small piece of New York's carbon footprint. Furthermore, 19 the clean energy standard program is based on an analysis of future 20 demand that does not account for the necessary conversion of end-use 21 systems. In order to meet statewide greenhouse gas reduction goals, most 22 vehicles and other forms of transportation that burn fossil fuels today 23 must be replaced with those that use electricity. Likewise, millions of 24 heating systems that burn oil or gas will have to be replaced with high- 25 efficiency electric heat pumps. Transportation and onsite uses like 26 heating, together comprise approximately three-quarters of New York's 27 carbon footprint from combustion, so the conversion of these systems 28 will require far more electricity than anticipated by the clean energy 29 standard, likely twice as much or more, to meet the state's "80 percent 30 by 2050" goal. To date, no effort has been made to quantify or plan for 31 this additional generation of electricity, which will also have to be 32 carbon-free. 33 5. In order for New York to meet its greenhouse gas reduction goals, a 34 comprehensive statewide strategy involving the dedicated support of 35 state agencies, the governor, legislature, and private sector is essen- 36 tial--a "Marshall Plan" for climate action. Required is the synchroni- 37 zation of two very complex processes: (1) the scheduled phasing out of 38 fossil fuel power plants and end-user systems, including vehicles, heat- 39 ing systems, and industrial equipment that burn fossil fuels; and (2) 40 the scheduled siting, deployment, and installation of renewables, zero- 41 emission end-user technology, and efficiency improvements at scale and 42 on time to ensure that greenhouse gas reductions occur while meeting 43 demand and maintaining services. Success requires a careful analysis of 44 technological changes that must occur, including both energy supply and 45 demand components, and the development of a timeline for key actions 46 that must take place. Setting goals or emission limits without preparing 47 this kind of plan will not bring about the comprehensive transformation 48 required. 49 6. The New York state climate responsibility act is designed to ensure 50 that state greenhouse gas reduction goals are achieved by establishing a 51 climate action council, made up of relevant state agencies and experts. 52 The primary purpose of the council is to prepare a comprehensive and 53 coherent statewide greenhouse gas reduction plan to serve as the founda- 54 tion for the coordinated development of rules, regulations, programs, 55 and policies by various agencies. A critical component of this is the 56 planning and scheduling of key actions relating to the phasing out ofS. 7253 3 1 fossil fuels, including natural gas, and phasing in of carbon-free 2 alternatives. In addition, this act requires that the council prepare 3 an annual status report and update the plan every four years. The intent 4 of this act is to promote inter-agency cooperation and results-oriented 5 action. 6 7. Actions of the council and its member agencies shall be based on 7 adherence to greenhouse gas emission limits established by the depart- 8 ment of environmental conservation in four-year intervals, and consist- 9 ent with meeting greenhouse gas reduction targets for 2030 and 2050, as 10 set forth in this act. Total statewide and sector-based emission limits 11 shall be set for each type of greenhouse gas. 12 8. To measure progress accurately and provide for timely adjustments 13 to policy, this act also requires that the department of environmental 14 conservation prepare an annual report on total statewide greenhouse gas 15 emissions. The department's report shall be a comprehensive inventory 16 and assessment, using the best available science and informed by a vari- 17 ety of data on fuel consumption, emission rates from actual sources, 18 peer-reviewed research, and field measurements as appropriate. Unbiased 19 and consistent methodologies shall be used to ensure that findings are 20 valid and reductions are real. The report shall also account for emis- 21 sions associated with imported electricity. Production of a credible, 22 up-to-date greenhouse gas emissions report is critical for New York to 23 meet its climate goals. 24 9. Developing a plan to ensure that New York will deliver on its prom- 25 ises of dramatic and consistent greenhouse gas reduction over time will 26 not only benefit the climate and set an example to the world of genuine 27 climate leadership; it will have tremendous environmental, health, 28 economic, and societal benefits. 29 10. Environmental justice communities are often harmed by the siting 30 of energy infrastructure, with children and the elderly in those commu- 31 nities suffering the most. By phasing out fossil fuel power plants 32 (large and small), pipelines, compressor stations, gas storage facili- 33 ties, and equipment at industrial facilities that burn fossil fuels, 34 this act particularly benefits environmental justice communities since 35 exposure to the co-pollutants of greenhouse gas emissions would be elim- 36 inated. This act also specifically requires that the trading of green- 37 house gas or pollutant allowances not disproportionately impact econom- 38 ically disadvantaged communities or communities of color, and it 39 prioritizes measures to reduce co-pollutants in communities with great- 40 est exposure. By focusing on the attainment of greenhouse gas reduction 41 goals, this act seeks to protect all people, regardless of race, nation- 42 ality, or socioeconomic status. Additionally, by dramatically cutting 43 New York's demand for fossil fuels, this act can help to reduce adverse 44 air and water quality impacts to communities in other states where 45 hydraulic fracturing and other forms of fossil fuel extraction occur. 46 11. According to the World Health Organization, climate change is 47 expected to cause approximately 250,000 deaths every year between 2030 48 and 2050, including 38,000 from heat exposure in elderly people, 48,000 49 from diarrhea, 60,000 from malaria, and 95,000 from childhood malnutri- 50 tion. The National Institute of Environmental Health Sciences predicts 51 that climate change will cause or exacerbate respiratory and cardiovas- 52 cular diseases, heat-related morbidity and mortality, stress-related and 53 neurological disorders, developmental delay, foodborne and waterborne 54 diseases, malnutrition, and disease from vectors or pathogens. The Mount 55 Sinai School of Medicine found that the direct and indirect costs of 56 environmentally mediated illness in New York state total $4.35 billionS. 7253 4 1 annually. By substantially reducing greenhouse gas emissions, New York 2 can help to reduce the severity of these impacts, not only within the 3 state, but globally. 4 12. The World Health Organization reports that three million people 5 die prematurely every year from airborne pollution. A study by the 6 Massachusetts Institute of Technology found that within the United 7 States, 200,000 premature deaths occur from air pollution annually, 8 53,000 from vehicle emissions and 52,000 from power generation emis- 9 sions. In New York City alone, pollution is responsible for 2,300 10 premature deaths, 4,800 emergency room visits for asthma, and 1,500 11 hospitalizations annually. In fact, in 2013, deaths from air pollution 12 in New York City exceeded homicides by a factor of eight. Clearly elimi- 13 nating fossil fuels that are responsible for air pollution, especially 14 within urban areas, is one of the single-most effective ways of saving 15 lives. 16 13. The economic benefits of achieving energy independence with renew- 17 ables in New York, rather than relying on fossil fuels from out of 18 state, are tremendous. According to a report published by the University 19 of Massachusetts, for every million dollars spent on energy in the 20 United States, the oil and gas industry creates only 3.7 direct and 21 indirect jobs, while similar investments in wind and solar energy create 22 9.5 and 9.8 jobs, respectively. In fact, if New York were to switch 23 entirely to renewables for energy, it has been estimated that more than 24 269,000 permanent jobs could be created. Labor stands to gain signif- 25 icantly from a greenhouse gas reduction plan that is capable of meeting 26 its goals. In order to maximize economic benefits to New Yorkers and 27 encourage the most efficient provision of resources, this act addi- 28 tionally requires that at least 80 percent of the state's electricity, 29 including from renewables, be generated in New York. This act also calls 30 for programs to encourage the manufacture and assembly of renewable 31 energy components in-state. 32 § 3. The environmental conservation law is amended by adding a new 33 article 50 to read as follows: 34 ARTICLE 50 35 CLIMATE CHANGE 36 Section 50-0101. Definitions. 37 50-0103. New York state climate action council. 38 50-0105. Statewide greenhouse gas emissions report. 39 50-0107. Statewide greenhouse gas reduction plan. 40 50-0109. Statewide greenhouse gas emission limits. 41 50-0111. Greenhouse gas reduction action by the department. 42 § 50-0101. Definitions. 43 As used in this article the following terms shall have the following 44 meanings: 45 1. "Carbon dioxide equivalent" means the amount of carbon dioxide by 46 mass that would produce the same global warming impact as a given mass 47 of another greenhouse gas over an integrated twenty year time frame 48 after emission, based on the best available science. 49 2. "Carbon-free source" means a source of energy that, unlike coal, 50 oil, gas, biomass, or garbage incineration, does not produce carbon 51 dioxide emissions. 52 3. "Co-pollutants" means hazardous air pollutants produced by green- 53 house gas emissions sources. 54 4. "Climate action council" or "council" means the New York state 55 climate action council established pursuant to section 50-0103 of this 56 article.S. 7253 5 1 5. "End-user" means the final consumer of energy in a process of ener- 2 gy production and delivery. End-user systems include equipment such as 3 internal-combustion vehicles that burn gasoline and home furnaces that 4 burn oil or natural gas. 5 6. "Energy storage" means the storage of energy for future use, typi- 6 cally from intermittent sources of electricity such as renewables. Types 7 of storage include, but are not limited to, batteries, flywheels, 8 compressed air storage, and hydroelectric pumped storage. 9 7. "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, 10 hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other 11 substance emitted into the air that contributes to climate change. 12 8. "Greenhouse gas emissions from the energy sector" means the total 13 emissions of greenhouse gases produced within the state from electricity 14 generation, industry, transportation, and buildings, in addition to 15 greenhouse gas emissions produced outside of the state that are associ- 16 ated with the generation of electricity imported into the state. Green- 17 house gas emissions from the energy sector shall not include agricul- 18 tural emissions from livestock or waste decomposition. 19 9. "Key actions" means the coordinated set of activities relating to 20 the phase-out of fossil fuels and synchronous deployment of renewables 21 and zero-emission technology, necessary to meet greenhouse gas reduction 22 goals. 23 10. "Renewable energy" means energy produced from renewable sources 24 such as wind, water, and sunlight. 25 11. "Statewide greenhouse gas emissions" means the total annual emis- 26 sions of greenhouse gases produced within the state from anthropogenic 27 sources and greenhouse gas emissions produced outside of the state that 28 are associated with the generation of electricity imported into the 29 state. 30 12. "Statewide greenhouse gas emission limit" means the maximum allow- 31 able level of statewide greenhouse gas emissions in a specified year, as 32 determined by the department pursuant to this article. 33 13. "Zero-emission technology" means technology for electricity gener- 34 ation, transportation, heating, or other purposes that does not produce 35 direct greenhouse gas emissions during the production or consumption of 36 energy. Zero-emission technology includes devices such as solar panels, 37 electric vehicles, electric heat pumps, machinery powered electricity 38 instead of fossil fuels and induction stoves. 39 § 50-0103. New York state climate action council. 40 1. There is hereby established within the department the New York 41 state climate action council, structured as follows: 42 (a) The council shall consist of the following twenty-eight members or 43 their designees: the commissioners of the department of transportation, 44 the department of health, the department of economic development, the 45 department of agriculture and markets, the department of housing and 46 community renewal, the department of general services, the department of 47 labor, the department of environmental conservation, and the department 48 of homeland security and emergency services; the chairs of the public 49 service commission and the metropolitan transportation authority; the 50 presidents of the New York state energy research and development author- 51 ity, the New York power authority, the Long Island power authority; the 52 dormitory authority of the state of New York; the secretary of state; 53 the director of the budget; the superintendent of financial services; 54 the director of state operations; the counsel to the governor; and two 55 at large members appointed by the governor, two at large members 56 appointed by the temporary president of the senate, two at large membersS. 7253 6 1 appointed by the speaker of the assembly, one at large member appointed 2 by the minority leader of the senate, and one at large member appointed 3 by the minority leader of the assembly. 4 (b) The at large members shall, at all times, include individuals with 5 expertise in climate change, renewable energy and zero-emission technol- 6 ogy, energy efficiency, public health, environmental justice, labor, 7 budget and finance, and industry regulation. 8 (c) Members of the council shall receive no compensation for their 9 services but shall be reimbursed for actual and necessary expenses 10 incurred in the performance of their duties. 11 (d) The chairperson of the council shall be the commissioner of the 12 department or his or her designee. 13 (e) A majority of the members of the council shall constitute a 14 quorum. 15 (f) Any vacancies on the council shall be filled in the manner 16 provided for in the initial appointment. 17 2. (a) The council shall be authorized to convene advisory panels 18 which, at a minimum, shall include a science advisory panel to assist or 19 advise the council in areas requiring special expertise or knowledge. 20 (b) The council shall be authorized to convene subcommittees of member 21 agencies to consider issues and actions affecting sectors of common 22 interest or jurisdiction. 23 3. The department shall provide the council with such facilities, 24 assistance and data as will enable the council to carry out its powers 25 and duties. Additionally, all other agencies of the state or subdivi- 26 sions thereof shall provide the council with such facilities, assist- 27 ance, and data as will enable the council to carry out its powers and 28 duties. 29 4. The council shall consult with federal and state agencies and advi- 30 sory groups as necessary to carry out its duties. 31 5. Meetings of the council, subcommittees, and advisory groups shall 32 be conducted in a transparent fashion and shall be open to the public. 33 6. Members of the council, subcommittees, and advisory groups shall be 34 required to disclose conflicts of interest. Any member who may finan- 35 cially or materially benefit from an award, contract, or other specific 36 action of the council shall recuse himself or herself from voting on 37 such action. 38 7. The council shall have the following powers and duties: 39 (a) To develop a statewide greenhouse gas reduction plan, including 40 subsequent updates and status reports pursuant to section 50-0107 of 41 this article; 42 (b) To advise the department on the development of statewide green- 43 house gas emission limits; 44 (c) To analyze and propose schedules for the coordinated phasing out 45 of energy systems that require fossil fuels, synchronous with the timely 46 deployment of carbon-free alternatives including renewables, zero-emis- 47 sion technology, and efficiency; 48 (d) To evaluate and propose a comprehensive and cohesive set of rules, 49 regulations, programs, and policies for adoption by state agencies to 50 achieve greenhouse gas reduction targets, comply with greenhouse gas 51 emission limits, and achieve the widespread conversion of energy 52 systems; and 53 (e) To make recommendations to the governor, legislature, local 54 governments, institutions, businesses, and the general public regarding 55 action to support efforts of the council and reduce greenhouse gas emis- 56 sions.S. 7253 7 1 8. The council shall appoint an independent and impartial ombudsman to 2 facilitate transparent and effective operations of the council and to 3 function as a citizen advocate. The ombudsman shall have demonstrated 4 experience in mediation, conflict resolution and public relations and be 5 selected to avoid conflict of interest. The ombudsman shall assist the 6 council, subcommittees, and advisory panels, but shall not be a member 7 of the council, a subcommittee, or an advisory panel and shall have no 8 vote. The ombudsman shall be appointed, and may be replaced, by majority 9 vote of the council. 10 § 50-0105. Statewide greenhouse gas emissions report. 11 1. No later than one year after the effective date of this article, 12 and each year thereafter, the department shall issue a report on state- 13 wide greenhouse gas emissions, expressed in tons of carbon dioxide 14 equivalents, from all anthropogenic sources in the state, including the 15 relative contribution of each type of greenhouse gas and each type of 16 source to the statewide total. 17 2. The statewide greenhouse gas emissions report shall be a comprehen- 18 sive evaluation, informed by a variety of data, including but not limit- 19 ed to: 20 (a) information relating to the use of fossil fuels by sector, includ- 21 ing for electricity generation, transportation, heating, and other 22 combustion purposes; 23 (b) information relating to fugitive and vented emissions from systems 24 associated with the production, processing, transport, distribution, 25 storage, and consumption of fossil fuels, including natural gas; 26 (c) information relating to emissions from non-fossil fuel sources, 27 including, but not limited to, garbage incinerators, biomass combustion, 28 landfills and landfill gas generators, and anaerobic digesters; 29 (d) information relating to emissions associated with manufacturing, 30 chemical production, cement plants, and other processes that produce 31 non-combustion emissions; 32 (e) information relating to emissions from agricultural operations and 33 livestock; and 34 (f) information from sources that may be required to participate in 35 the registration and reporting system pursuant to subdivision four of 36 this section. 37 3. The statewide greenhouse gas emissions report shall also include an 38 estimate of greenhouse gas emissions associated with the generation of 39 imported electricity which shall be counted as part of the statewide 40 total. 41 4. Within one year after the effective date of this article, the 42 department shall consider establishing a mandatory registry and report- 43 ing system from individual sources to obtain data on greenhouse gas 44 emissions exceeding a particular threshold. If established, such regis- 45 try and reporting system shall apply a consistent reporting threshold to 46 ensure the unbiased collection of data. 47 5. The statewide greenhouse gas emissions report shall utilize best 48 available science and methods of analysis, including the comparison and 49 reconciliation of emission estimates from all sources (both above and 50 below reporting thresholds), fuel consumption, field data, and peer-re- 51 viewed research. 52 6. The statewide greenhouse gas emissions report shall clearly explain 53 the methodology and analysis used in the department's determination of 54 greenhouse gas emissions. In order to ensure that greenhouse gas emis- 55 sion reductions are real, any changes to such methodology or analysis 56 shall be explained in the report and adjustments made to prior esti-S. 7253 8 1 mates, as needed, to establish a scientifically credible account of 2 change. 3 7. The department shall seek public input regarding the methodology 4 and analysis used in the determination of statewide greenhouse gas emis- 5 sions. Meaningful opportunity for public comment on such methodology and 6 analysis shall be provided no later than one year after the effective 7 date of this article, periodically thereafter, and when changes to such 8 methodology and analysis are proposed. 9 § 50-0107. Statewide greenhouse gas reduction plan. 10 1. The New York state climate action council established pursuant to 11 section 50-0103 of this article shall prepare a statewide greenhouse gas 12 reduction plan to ensure that the state meets the following targets: 13 (a) by two thousand thirty, reduction of annual statewide greenhouse 14 gas emissions from the energy sector by forty percent compared to nine- 15 teen hundred ninety levels; 16 (b) by two thousand fifty, reduction of annual statewide greenhouse 17 gas emissions from all sectors by eighty percent compared to nineteen 18 hundred ninety levels; and 19 (c) by two thousand fifty, elimination, to the greatest extent feasi- 20 ble, of all greenhouse gas emissions from the energy sector. 21 2. The purpose of the plan shall be to provide a comprehensive, 22 executable strategy for action by the state and a solid foundation for 23 the coordinated adoption and implementation of rules, regulations, 24 programs, and policies by state agencies to achieve the systematic 25 transformation in energy generation, end-user technology, and efficiency 26 necessary for success. 27 3. The greenhouse gas reduction plan shall be developed by the coun- 28 cil, with coordination by the department, as follows: 29 (a) the council shall prepare a draft greenhouse gas reduction plan no 30 later than one year after the effective date of this article. The coun- 31 cil shall provide meaningful opportunity for public comment on the draft 32 plan and hold at least six public hearings to solicit public comments; 33 (b) the council shall adopt a final greenhouse gas reduction plan 34 within eighteen months of the effective date of this article; 35 (c) the council shall update the greenhouse gas reduction plan at 36 least once every four years and shall provide meaningful opportunity for 37 public comment prior to adoption of plan updates; and 38 (d) the department shall submit the final greenhouse gas reduction 39 plan and updates to the governor, the temporary president of the senate, 40 and the speaker of the assembly and shall post the plan and updates on 41 the department's website. 42 4. In preparation of the plan, the council shall: 43 (a) seek the professional input of climate scientists, engineers, 44 economists, and health professionals, in addition to input from the New 45 York Independent System Operator, regulated industry, labor, the envi- 46 ronmental justice community, and other stakeholders; 47 (b) examine and utilize the best available science and economic analy- 48 sis to evaluate impacts, risks, costs, and benefits of potential action 49 and to determine the best strategy for implementation; 50 (c) consider all relevant data, studies, and other information, 51 including, but not limited to: (i) the climate action plan interim 52 report dated November ninth, two thousand ten, produced by the climate 53 action council created pursuant to executive order number twenty-four of 54 two thousand nine; 55 (ii) data regarding statewide greenhouse gas emissions and energy 56 consumption within the state by sector and subsector;S. 7253 9 1 (iii) studies regarding the global warming potential of methane rela- 2 tive to carbon dioxide, leakage rates, and lifecycle emissions of 3 natural gas; 4 (iv) studies regarding the environmental, economic, health, and socie- 5 tal impacts of climate change and the consequences of continued depend- 6 ency on fossil fuels, including impacts to vulnerable populations; 7 (v) studies regarding the social costs of carbon, the adverse impacts 8 of co-pollutants associated with fossil fuel use, and the job-creation 9 benefits of renewables; 10 (vi) information regarding carbon-free sources of energy, including, 11 but not limited to: renewables; energy efficiency and conservation; 12 energy storage; and zero-emission technology for transportation, heat- 13 ing, and other end-user purposes; 14 (vii) information on land use, agriculture, and forestry practices to 15 reduce greenhouse gas emissions; and 16 (viii) information on regulatory, financial, and economic techniques 17 to reduce greenhouse gas emissions, including, but not limited to: 18 incentive programs; rebates; tax deductions; the purchase of renewable 19 energy credits; cap-and-trade programs; and carbon fee/dividend 20 programs. 21 5. To ensure that greenhouse gas reduction targets and emission limits 22 are achievable the council shall quantitatively analyze and propose 23 schedules for key actions that must take place at scale and on time to 24 substantially reduce greenhouse gas emissions from the largest contrib- 25 uting sectors. The greenhouse gas reduction plan shall analyze and 26 propose schedules for: 27 (a) the widespread conversion of end-user systems that rely on fossil 28 fuels to zero-emission technology for purposes including, but not limit- 29 ed to, transportation, heating and industry; 30 (b) the deployment of additional electricity from carbon-free sources 31 necessary to support the widespread conversion of end-user systems that 32 rely on fossil fuels and eliminate fossil fuels as a source of electric- 33 ity generation. The plan shall include an analysis of additional elec- 34 tricity measured in gigawatt-hours annually that will be required from 35 carbon-free sources, with attention to the necessary distribution and 36 diversification of generators. Taking the need for additional electric- 37 ity into account, the plan shall also include an analysis of changes 38 needed to the New York state clean energy standard to ensure that the 39 statewide greenhouse gas reduction targets and emission limits can be 40 met; 41 (c) the widespread incorporation of expanded efficiency measures in 42 new construction, existing buildings, and industrial processes; 43 (d) necessary improvements to the electrical grid and related infras- 44 tructure, including energy storage, to support the widespread deployment 45 of renewables and increased demand for electricity; and 46 (e) the phase-out of existing power plants and other facilities that 47 produce greenhouse gas emissions, synchronous with other key actions. 48 6. To support the creation of in-state jobs in renewable energy, 49 promote locally-produced power, and provide for the most efficient tran- 50 smission of electricity, the council shall, in its analysis and develop- 51 ment of schedules pursuant to subdivision five of this section, ensure 52 that at least eighty percent of electricity consumed in the state annu- 53 ally is produced in-state. 54 7. The greenhouse gas reduction plan shall evaluate and propose rules, 55 regulations, programs, and policies for state agencies to meet the 56 greenhouse gas reduction targets identified in subdivision one of thisS. 7253 10 1 section and the greenhouse gas emission limits established by the 2 department pursuant to section 50-0109 of this article. In considering 3 potential actions, the council shall: 4 (a) prioritize activities requiring a high level of planning and 5 interagency coordination, including key actions and schedules identified 6 in subdivision five of this section; 7 (b) prioritize measures to maximize net reduction of greenhouse gas 8 emissions statewide and reduce co-pollutants to communities with great- 9 est exposure; 10 (c) evaluate the feasibility, logistics, and costs of implementing all 11 greenhouse gas reduction measures, and the amount of reductions antic- 12 ipated to result; 13 (d) evaluate both regulatory and programmatic approaches, including, 14 but not limited to, performance standards or market-based programs that 15 involve the procurement of energy or emission credits, cap-and-trade 16 programs, and carbon fee/dividend programs; 17 (e) evaluate foreseeable technical, economic, legal, and regulatory 18 challenges or barriers to the elimination of greenhouse gas emissions 19 from specific sectors or subsectors, including potential impacts to 20 greenhouse gas reduction targets; 21 (f) identify funding and resource needs; and 22 (g) ensure that actions are equitable, cost-effective, and encouraging 23 of early action. 24 8. The greenhouse gas reduction plan shall identify and target for 25 elimination existing programs and policies that hinder the reduction of 26 greenhouse gas emissions, encourage the consumption of fossil fuels, or 27 facilitate the expansion of fossil fuel infrastructure. 28 9. The council shall carefully consider the short- and long-term 29 impacts and financial burdens that may be placed on economically disad- 30 vantaged individuals and communities by implementation of the greenhouse 31 gas reduction plan. The council shall ensure that proposed rules, regu- 32 lations, programs, and policies include provisions to limit or offset 33 such impacts, such as financial assistance or other forms of support. 34 The council also shall ensure that the implementation of all programs 35 involving the purchase or exchange of emission and pollutant allowances 36 are equitable and do not disproportionately adversely affect econom- 37 ically disadvantaged communities, the elderly, children, or communities 38 of color. 39 10. In considering rules, regulations, programs, and policies, the 40 department and members of the council with authority or expertise in 41 energy production and delivery, including the New York state energy 42 research and development authority, the public service commission, the 43 New York power authority, and the Long Island power authority, shall 44 evaluate and propose: 45 (a) modifications of the New York State clean energy standard to 46 ensure the procurement of sufficient electricity from carbon-free sourc- 47 es, consistent with the greenhouse gas reduction schedule adopted by the 48 department pursuant to section 50-0109 of this article for all sectors, 49 and taking into account the increased demand for electricity caused by 50 the electrification of end-user systems; 51 (b) additional or expanded programs necessary to facilitate the devel- 52 opment of sufficient electricity from carbon-free sources, improvements 53 to the electrical grid, and energy storage to support the widespread 54 deployment of renewables;S. 7253 11 1 (c) policies to restrict the approval of new sources of electricity 2 generation from fossil fuels and the combustion of materials which 3 produce greenhouse gas emissions; 4 (d) policies to provide for the orderly phase-out of existing fossil 5 fuel power plants; and 6 (e) policies to limit the expansion of fossil fuel infrastructure to 7 the extent possible by federal and state law, and provide for the phas- 8 ing-out of existing fossil fuel infrastructure. 9 11. In considering rules, regulations, programs, and policies, the 10 department and members of the council with authority or expertise in 11 residential, commercial, and industrial sectors, including, but not 12 limited to, the New York state energy research and development authori- 13 ty, department of state, and division of housing and community renewal, 14 shall evaluate, and as appropriate, propose: 15 (a) development of and revision to building codes, including the state 16 energy construction code, to require higher standards for energy effi- 17 ciency and the installation of zero-emission technology, such as elec- 18 tric heat pumps, electric heat pump water heaters, and electric or 19 induction stoves for new construction and redevelopment; 20 (b) restrictions on the future sale and use of heating systems and 21 appliances that require fossil fuels or produce greenhouse gas emis- 22 sions, and requirements for the purchase of heating systems and appli- 23 ances that produce zero emissions; 24 (c) requirements for the retrofit of existing buildings to improve 25 energy efficiency and conversion of existing systems to zero-emission 26 technology, such as a condition of sale, purchase, or financing; 27 (d) requirements for the use of or conversion to zero-emission equip- 28 ment and machinery in industrial applications; and 29 (e) monetary incentives and disincentives affecting energy use in 30 buildings and industrial applications, including, but not limited to, 31 purchase fees for equipment and appliances that produce greenhouse gas 32 emissions and rebates or tax deductions for the purchase of zero-emis- 33 sion equipment and appliances. The department and members of the council 34 shall evaluate and propose such incentives or disincentives in coordi- 35 nation with agencies having financial and budgetary expertise including, 36 but not limited to, the department of financial services and the depart- 37 ment of taxation and finance. 38 12. In considering rules, regulations, programs, and policies, the 39 department and members of the council with authority or expertise in the 40 transportation sector, including, but not limited to, the department of 41 transportation, shall evaluate and, as appropriate, propose: 42 (a) development of more stringent emission standards for vehicles and 43 other modes of transportation; 44 (b) restrictions on the future sale and/or use of vehicles by class 45 and emission level to ensure that greenhouse gas emission limits are 46 achieved and provide for the phased-in conversion of existing modes of 47 transportation to zero-emission technology; 48 (c) monetary incentives and disincentives regarding vehicular use, 49 including, but not limited to sales fees for vehicles that produce 50 greenhouse gas emissions, rebates or tax deductions for the purchase of 51 zero-emission vehicles, and a higher sales tax on motor vehicle fuels. 52 The department and members of the council shall evaluate and propose 53 incentives or disincentives in coordination with agencies having finan- 54 cial and budgetary expertise such as the department of financial 55 services and the department of taxation and finance;S. 7253 12 1 (d) requirements for the phased-in use of zero-emission vehicles for 2 all government vehicle fleets and public transportation; 3 (e) programs to further encourage the use of mass transit in cooper- 4 ation with public transit providers; 5 (f) programs to facilitate the timely conversion of transportation 6 infrastructure, including the development of recharging and refueling 7 stations for zero-emission vehicles, with consideration given to the 8 type, location, and number of facilities; 9 (g) requirements to ensure that hydrogen fueling and distribution 10 stations do not offer hydrogen that is derived from natural gas or other 11 fossil fuels; 12 (h) programs for the electrification of railway transportation; and 13 (i) programs to require or encourage the research, development, and 14 use of synthetic fuels and biofuels for aircraft if shown to reduce 15 total greenhouse gas emissions. 16 13. In considering rules, regulations, programs, and policies, the 17 department, in coordination with the department of agriculture and 18 markets, shall evaluate and propose: 19 (a) meaningful limits on the use of fertilizer, including, but not 20 limited to, synthetically produced nitrogen and meaningful limits on the 21 use of petroleum-based pesticides; 22 (b) implementation of improved soil rotation and tilling practices; 23 (c) requirements or incentives for reducing methane emissions from 24 livestock, such as with dietary improvements; 25 (d) improvement of waste management practices and use of anaerobic 26 digestion to capture methane for energy generation if shown to reduce 27 total greenhouse gas emissions; 28 (e) programs to encourage the shared use of agricultural lands for the 29 on-site production of electricity from solar or wind energy; and 30 (f) forestry best management practices and programs to encourage 31 reforestation to sequester carbon. 32 14. The council also shall reduce greenhouse gas emissions and co-pol- 33 lutants from existing sources to the greatest extent possible prior to 34 their elimination. As part of the greenhouse gas reduction plan, the 35 department, in coordination with the New York state research and devel- 36 opment authority, public service commission, and other agencies shall 37 evaluate and propose rules, regulations, programs and policies to: 38 (a) identify sources of natural gas leakage and inferior design prac- 39 tices that allow leakage or intentional venting of natural gas systems, 40 including, but not limited to: pipelines; power plants; compressor 41 stations; metering stations; gas storage facilities; and distribution 42 networks; 43 (b) require the use of best available technology, including, but not 44 limited to: vapor recovery; oxidation catalysts; zero-emission dehydra- 45 tors; and blowdown prevention; 46 (c) prioritize sources of leakage within natural gas systems for 47 modification, repair, replacement, or removal; and 48 (d) implement a comprehensive leakage monitoring program and consider 49 additional fines and penalties to reduce incidents of leakage. 50 15. The council shall evaluate the adverse impacts of energy 51 production associated with the combustion of non-fossil fuel materials, 52 including, but not limited to, biomass and solid waste. Such evaluation 53 shall consider factors including, but not limited to, the production of 54 greenhouse gas emissions and hazardous pollutants, the energy density of 55 materials, time periods of carbon combustion and recapture, public 56 health, land use, and ecological impacts. As part of the greenhouse gasS. 7253 13 1 reduction plan, the council shall propose changes, as necessary, to 2 rules, regulations, programs, and policies affecting such fuel sources 3 to ensure compliance with greenhouse gas emission limits, protection of 4 public health, and protection of the environment. 5 16. The greenhouse gas reduction plan shall protect and improve access 6 by residents, businesses, institutions, and municipalities to behind- 7 the-meter and off-grid generation of electricity from renewables. The 8 greenhouse gas reduction plan shall: 9 (a) investigate trends and proposed changes in regulatory policies and 10 utility practices that limit net metering and discourage access to and 11 expansion of behind-the-meter electricity generation; 12 (b) evaluate the effect that reduced incentives, including the phas- 13 ing-out of rebates and tax deductions, have had on the deployment of 14 renewables by residents, businesses, and municipalities within the 15 state; and 16 (c) propose rules, regulations, programs and policies that encourage 17 and accelerate the development of behind-the-meter and off-grid gener- 18 ation of electricity from renewables. 19 17. The greenhouse gas reduction plan shall examine barriers and 20 opportunities for access to renewable energy and energy efficiency 21 resources by economically disadvantaged individuals and communities. The 22 council, as part of the plan, shall evaluate and propose ways of improv- 23 ing ownership and access to services and commodities, including, but not 24 limited to: 25 (a) distributed renewable energy generation; 26 (b) energy efficiency and weatherization investments; 27 (c) zero-emission and low-emission transportation, including mass 28 transit; 29 (d) adaptation measures to improve the resilience of homes and local 30 infrastructure to the impacts of climate change; and 31 (e) other services and infrastructure that can reduce the risks of and 32 exposure to climate-related hazards. 33 18. The council, in coordination with the department of economic 34 development, the department of labor, and other agencies, as part of the 35 greenhouse gas reduction plan, shall examine and propose strategies for 36 the creation of businesses and jobs in renewable energy, energy effi- 37 ciency, and zero-emission technologies including, but not limited to: 38 (a) examination and implementation of incentives for companies 39 involved in the manufacturing, installation, and maintenance of renewa- 40 bles, energy efficiency, and zero-emission technology to locate in the 41 state, particularly those involved in the manufacture and assembly of 42 system components; 43 (b) development of partnerships with universities and colleges, such 44 as expansion of the START-UP New York program, to support entrepreneur- 45 ship and research in renewables, energy efficiency, and zero-emission 46 technology; 47 (c) support for apprenticeship programs and other forms of on-site 48 training; and 49 (d) support for retraining of workers employed in the fossil fuel 50 industry for future work with renewables, energy efficiency, and zero- 51 emission technology. 52 19. The council, in coordination with the department and other agen- 53 cies, as part of the greenhouse gas reduction plan, shall develop crea- 54 tive strategies for educating the public about the significance of 55 climate change and the importance of swift, meaningful action to reduce 56 greenhouse gas emissions from all sectors. Such strategies shall includeS. 7253 14 1 a focus on fostering necessary support and cooperation by local govern- 2 ments, businesses, and the general public for major changes that will be 3 necessary to substantially reduce greenhouse gas emissions, including 4 the widespread deployment of renewables and the elimination of fossil 5 fuels for purposes such as transportation and heating. 6 20. The greenhouse gas reduction plan and council shall: 7 (a) recommend specific actions by the governor and legislature, such 8 as additional legislation, authorizations, and funding, to support 9 efforts of the council, reduce greenhouse gas emissions, and pursue 10 carbon-free alternatives, consistent with greenhouse gas emission limits 11 adopted pursuant to this article; and 12 (b) recommend actions that can be taken by local governments, insti- 13 tutions, businesses, and the general public to reduce greenhouse gas 14 emissions and pursue carbon-free alternatives. 15 21. The council, in coordination with the department, shall publish an 16 annual status report regarding implementation of the greenhouse gas 17 reduction plan. At a minimum, the status report shall: 18 (a) compare changes in greenhouse gas emissions statewide and by 19 sector from the department's annual greenhouse gas emissions report to 20 greenhouse gas emission limits established pursuant to section 50-0109 21 of this article to determine whether emission limits have been achieved 22 or are likely to be achieved on time; 23 (b) compare the status of key actions identified in subdivision five 24 of this section to schedules identified in the greenhouse gas reduction 25 plan to determine if such key actions have been achieved or are likely 26 to be achieved on time; 27 (c) assess progress made by the department and other agencies toward 28 the implementation of rules, regulations, programs and policies pursuant 29 to section 50-0111 of this article and section four of the chapter of 30 the laws of two thousand eighteen which added this article; 31 (d) evaluate costs of compliance to regulated entities, the public, 32 and state agencies; 33 (e) assess whether predicted environmental, economic, public health, 34 and social benefits of actions taken are being realized; 35 (f) evaluate whether regulations or other greenhouse gas reduction 36 measures undertaken are equitable, minimize costs, maximize benefits, 37 and encourage early action; 38 (g) assess efforts to improve access to renewable energy and energy 39 efficiency resources by economically disadvantaged communities; and 40 (h) recommend as necessary, additional actions to comply with green- 41 house gas emission limits, corrective actions to address aspects of the 42 greenhouse gas reduction plan that are not on schedule, and revisions to 43 the plan as appropriate. 44 22. The department shall submit the annual status report required by 45 subdivision twenty-one of this section to the governor, the temporary 46 president of the senate, and the speaker of the assembly, and shall post 47 the annual status report on the department's website. 48 § 50-0109. Statewide greenhouse gas emission limits. 49 1. (a) No later than eighteen months after the effective date of this 50 article, the department shall establish a schedule for the reduction of 51 statewide greenhouse gas emissions to meet the targets identified in 52 section 50-0107 of this article. 53 (b) The department shall adopt specific statewide greenhouse gas emis- 54 sion limits for two thousand twenty-two, two thousand twenty-six, two 55 thousand thirty, two thousand thirty-four, two thousand thirty-eight, 56 two thousand forty-two, two thousand forty-six, and two thousand fifty;S. 7253 15 1 (c) Greenhouse gas emission limits shall be measured in units of 2 carbon dioxide equivalents and identified for each individual type of 3 greenhouse gas, including, at a minimum, carbon dioxide, methane, and 4 nitrous oxide; 5 (d) The schedule adopted by the department shall ensure that for every 6 four-year period, the limit established for each greenhouse gas is 7 successively smaller than the previous four-year period and smaller than 8 the level reported by the department in the greenhouse gas emissions 9 report for the year two thousand twenty. 10 2. The department shall base its determination of greenhouse gas emis- 11 sion limits on findings of the council, including the feasibility of key 12 actions contained in the statewide greenhouse gas reduction plan identi- 13 fied in subdivision five of section 50-0107 of this article. 14 3. The department, in consultation with the council, shall adopt 15 greenhouse gas emission limits for specific sectors or subsectors, as 16 appropriate. The department, in consultation with the council, shall 17 ensure that for each type of greenhouse gas, the combination of emission 18 limits for all sectors or subsectors in each four-year period does not 19 exceed the total statewide emission limit for the same four-year period. 20 4. The emission limits established by the department shall serve as 21 the basis for developing the greenhouse gas reduction plan adopted by 22 the council and for rules, regulations, programs, and policies adopted 23 by the department and other state agencies. 24 § 50-0111. Greenhouse gas reduction action by the department. 25 1. No later than two years after the effective date of this article, 26 and as necessary thereafter, the department, after public workshops and 27 at least two opportunities for public comment and hearing, shall promul- 28 gate rules, regulations, programs and policies to meet the greenhouse 29 gas reduction targets set forth in section 50-0107 of this article and 30 to ensure compliance with greenhouse gas emission limits adopted by the 31 department pursuant to section 50-0109 of this article. The department 32 shall also modify or repeal programs or policies that hinder the 33 reduction of greenhouse gas emissions, encourage the consumption of 34 fossil fuels, or facilitate the expansion of fossil fuel infrastructure. 35 2. The provisions of this section shall be broadly interpreted to 36 provide for the adoption and enforcement of measures necessary to meet 37 greenhouse gas reduction targets and greenhouse gas emission limits 38 without limitation by existing state implementation plans, other agree- 39 ments pertaining to the regulation and permitting of emissions, or 40 conditions set forth in permits issued by the department. 41 3. The department shall ensure that rules, regulations, programs, and 42 policies promulgated pursuant to this article are substantially consist- 43 ent with recommendations and proposals of the greenhouse gas reduction 44 plan adopted by the council pursuant to section 50-0107 of this article. 45 4. The department, in coordination with the council, shall ensure that 46 rules, regulations, programs, and policies promulgated by the department 47 pursuant to this section harmonize with actions taken by other agencies 48 pursuant to section four of the chapter of the laws of two thousand 49 eighteen which added this article. The department shall ensure that the 50 achievement of greenhouse gas emissions reductions are real, permanent, 51 quantifiable, verifiable, and enforceable. 52 5. Rules, regulations, programs, and policies adopted pursuant to this 53 section shall be reviewed annually and updated as necessary, based on 54 revisions to the greenhouse gas reduction plan and annual status reports 55 prepared by the council.S. 7253 16 1 § 4. Greenhouse gas reduction action by other state agencies. 1. The 2 New York state energy research and development authority, the department 3 of environmental conservation, the department of health, the department 4 of transportation, the department of state, the department of economic 5 development, the department of agriculture and markets, the department 6 of financial services, the department of public service, the office of 7 general services, the division of housing and community renewal, the 8 public utility authorities established pursuant to titles 1, 1-A, 1-B, 9 11, 11-A, 11-B, 11-C and 11-D of article 5 of the public authorities 10 law, and any other state agency may promulgate rules, regulations, 11 programs, and policies to achieve statewide greenhouse gas emission 12 limits and implement the greenhouse gas reduction plan described in 13 article 50 of the environmental conservation law, provided that no such 14 action shall limit the authority of the department of environmental 15 conservation to regulate and control greenhouse gas emissions pursuant 16 to article 50 of the environmental conservation law. 17 2. No later than two years after the effective date of the chapter of 18 the laws of two thousand eighteen which added this section, and as 19 necessary thereafter, agencies with representation on the climate action 20 council established pursuant to section 50-0103 of the environmental 21 conservation law, after at least two opportunities for public comment 22 and hearing, shall promulgate rules, regulations, programs, and policies 23 as appropriate to meet greenhouse gas reduction targets and ensure 24 compliance with greenhouse gas emission limits adopted by the department 25 of environmental conservation pursuant to article 50 of the environ- 26 mental conservation law. Such agencies shall also modify or repeal 27 programs or policies that hinder the reduction of greenhouse gas emis- 28 sions, encourage the consumption of fossil fuels, or facilitate the 29 expansion of fossil fuel infrastructure. 30 3. Agencies shall ensure that rules, regulations, programs, and poli- 31 cies promulgated pursuant to this section are substantially consistent 32 with recommendations and proposals of the greenhouse gas reduction plan 33 adopted by the climate action council pursuant to section 50-0107 of the 34 environmental conservation law. 35 4. In coordination with the climate action council, established pursu- 36 ant to section 50-0103 of the environmental conservation law, agencies 37 shall ensure that rules, regulations, programs, and policies promulgated 38 pursuant to this section harmonize with actions taken by the department 39 of environmental conservation pursuant to section 50-0111 of the envi- 40 ronmental conservation law and actions taken by other agencies pursuant 41 to this section. Agencies shall ensure that the achievement of green- 42 house gas emission reductions are real, permanent, quantifiable, verifi- 43 able, and enforceable. 44 5. Rules, regulations, programs, and policies adopted pursuant to this 45 section shall be reviewed annually and updated as necessary based on 46 revisions to the greenhouse gas reduction plan and annual status reports 47 prepared by the climate action council established by article 50 of the 48 environmental conservation law. 49 § 5. Administrative decisions relating to climate change by state 50 agencies. 1. All state agencies shall assess and implement strategies to 51 reduce their greenhouse gas emissions. 52 2. In considering and issuing permits, licenses, and other administra- 53 tive approvals and decisions, state agencies, offices, authorities, and 54 divisions shall ensure that such approvals and decisions support the 55 attainment of statewide greenhouse gas emission limits established 56 pursuant to article 50 of the environmental conservation law and areS. 7253 17 1 consistent with the greenhouse gas reduction plan prepared by the 2 climate action council pursuant to such article. 3 3. In considering and issuing permits, licenses, and other administra- 4 tive approvals and decisions, state agencies, offices, authorities, and 5 divisions shall not disproportionately impact communities that are 6 economically disadvantaged or bear higher burdens of negative public 7 health, environmental pollution, or impacts of climate change. 8 § 6. Chapter 355 of the laws of 2014 constituting the community risk 9 and resiliency act is amended by adding two new sections 17-a and 17-b 10 to read as follows: 11 § 17-a. The department of environmental conservation shall take 12 actions to promote climate change adaptation and resilience, including: 13 1. Actions to help state agencies and other entities assess the 14 reasonably foreseeable risks of climate change on any proposed projects, 15 taking into account issues such as sea level rise, tropical and extra- 16 tropical cyclones, storm surges, flooding, wind, changes in average and 17 peak temperatures, changes in average and peak precipitation, public 18 health impacts, and impacts on species and other natural resources; 19 2. Assessing significant climate-related risks, taking into account 20 the probability of occurrence, the magnitude of the potential harm, and 21 the uncertainty of risk; 22 3. Measures that could mitigate significant climate-related risks, as 23 well as a cost-benefit analysis and implementation of such measures. 24 § 17-b. Permits for the regulatory programs of subdivision 3 of 25 section 50-0107 of the environmental conservation law shall require 26 applicants to demonstrate that future physical climate risk has been 27 considered and that proposed activities do not interfere with the 28 attainment of greenhouse gas emission limits established pursuant to 29 article 50 of the environmental conservation law and implementation of 30 the greenhouse gas reduction plan adopted by the climate action council 31 pursuant to such article. In reviewing such information the department 32 of environmental conservation may require the applicant to mitigate 33 significant risks to public infrastructure and/or services, private 34 property not owned by the applicant, adverse impacts on communities, 35 and/or natural resources in the vicinity of the project. 36 § 7. Nothing in this act shall limit the existing authority of a state 37 entity to adopt and implement greenhouse gas emissions reduction meas- 38 ures. 39 § 8. Nothing in this act shall relieve any person, entity, or public 40 agency of compliance with other applicable federal, state, or local laws 41 or regulations, including state air and water quality requirements, and 42 other requirements for protecting public health or the environment. 43 § 9. Severability. If any word, phrase, clause, sentence, paragraph, 44 section, or part of this act shall be adjudged by any court of competent 45 jurisdiction to be invalid, such judgment shall not affect, impair, or 46 invalidate the remainder thereof, but shall be confined in its operation 47 to the word, phrase, clause, sentence, paragraph, section, or part ther- 48 eof directly involved in the controversy in which such judgment shall 49 have been rendered. 50 § 10. This act shall take effect immediately.
