NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6072
SPONSOR: Englebright TITLE OF BILL: An act to amend the environmental conservation law, in
relation to global warming pollution control
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to require the Department of Environmental
Conservation (DEC) to promulgate rules and regulations establishing
limits on greenhouse gas emissions.
SUMMARY OF SPECIFIC PROVISIONS:
This bill would:
*define greenhouse gas to include carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluroide, and
any other gas determined by DEC to be a significant contributor to
global warming;
*define "major greenhouse gas emission source" as any source or category
of sources of greenhouse gas emissions, determined by the department to
be capable of being monitored for compliance, and shall at a minimum
include emissions:
a. associated with fossil fuels;
b. from any utility generating or delivering electricity consumed in the
state;
c. stationary sources permitted pursuant to section 19-0311 of this
article; and
d. from any additional entities that are emitters of greenhouse gases,
as determined by the department;
*provide compliance assistance to small business;
*initially focus on state facility compliance;
*authorize DEC to promulgate rules and regulations, by May 1, 2016,
requiring annual greenhouse gas emission reporting from greenhouse gas
emission sources;
*require DEC to issue a report no later than Jan. 1, 2019, and every
three years thereafter, on the annual greenhouse gas emissions and the
progress made in achieving reduction efforts;
*require DEC, no later than Jan. 1, 2017, and every three years there-
after, after a public hearing, to promulgate rules and regulations
establishing a limit on greenhouse gas emissions;
*require the emissions limit to:
o be less than the aggregate level of emissions for 1990;
o decrease by an additional ten percent every five years, beginning with
o reduction of 20 percent by 2020; and,
o be less than 80 percent of the initial limit by 2050
*prohibit DEC from adopting a regulation that would place or increase an
additional environmental or health burden on a community that has a
higher level of regulated air contaminant source emissions within the
community as compared with the county average; and,
*require DEC to include a plan to address adaptation to climate change
JUSTIFICATION:
Global warming will have detrimental effects on the economic well-being,
public health, natural resources and the environment. Extreme weather
events have gone from infrequent events to commonplace in the span of
just a few years. Hurricanes Lee and Irene, and Superstorm Sandy had
devastating impacts on New York State including the loss of life, prop-
erty, and the need for both state and federal relief. The Intergovern-
mental Panel on Climate Change, awarded the 2007 Nobel Peace Prize,
predicted that temperatures would rise more rapidly if greenhouse gases
are not abated. The Panel concluded that reducing emissions 80 percent
below current emissions by mid-century would prevent the worst impacts
of global warming. This legislation seeks to accomplish that goal and
at the same time provide opportunity for public involvement and input
into the regulatory process in order to ensure that the resulting emis-
sion limits do not impose undue environmental or economic hardship.
Seven other states have adopted laws to establish greenhouse gas emis-
sion standards.
PRIOR LEGISLATIVE HISTORY:
2013-14: A.6327 - Passed Assembly
2011-12: A. 5346-A - Passed Assembly
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
