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.
STATE OF NEW YORK
________________________________________________________________________
6072
2015-2016 Regular Sessions
IN ASSEMBLY
March 11, 2015
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
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.
22 Action taken by New York and other states to reduce emissions of
23 greenhouse gases will have far-reaching effects by encouraging the
24 federal government, and other countries to act including encouraging the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01941-02-5
A. 6072 2
1 development of sustainable, non-polluting technologies such as solar,
2 wind, geothermal and ocean currents.
3 § 2. Article 19 of the environmental conservation law is amended by
4 adding a new title 13 to read as follows:
5 TITLE 13
6 GLOBAL WARMING POLLUTION CONTROL
7 Section 19-1301. Definitions.
8 19-1303. Greenhouse gas reporting.
9 19-1305. Greenhouse gas limits.
10 § 19-1301. Definitions.
11 When used in this title:
12 1. "Greenhouse gas" means carbon dioxide, methane, nitrous oxide,
13 hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other
14 gas determined by the department to be a significant contributor to
15 global warming.
16 2. "Major greenhouse gas emission source" means any source or category
17 of sources of greenhouse gas emissions, determined by the department to
18 be capable of being monitored for compliance, and shall at a minimum
19 include emissions:
20 (a) associated with fossil fuels used in the state by entities that
21 are manufacturers, producers and/or distributors of fossil fuels,
22 including, but not limited to, oil refineries, oil storage facilities,
23 and natural gas pipelines;
24 (b) from any utility generating or delivering electricity consumed in
25 the state, whether the electricity is generated in the state, or gener-
26 ated outside the state and imported into the state, and accounting for
27 transmission and distribution line losses;
28 (c) stationary sources permitted pursuant to section 19-0311 of this
29 article; and
30 (d) from any additional entities that are emitters of greenhouse
31 gases, as determined by the department.
32 § 19-1303. Greenhouse gas reporting.
33 1. No later than May 1, 2016, the department shall promulgate rules
34 and regulations requiring annual greenhouse gas emissions reporting from
35 major greenhouse gas emission sources. The regulations shall:
36 (a) include greenhouse gas emissions from all major greenhouse gas
37 emission sources expressed in tons of carbon dioxide equivalents;
38 (b) ensure rigorous and consistent accounting of emissions, and
39 provide reporting tools and formats to ensure collection of necessary
40 data; and
41 (c) ensure that each major greenhouse gas emission source maintains
42 comprehensive emissions records of any greenhouse gas reported for at
43 least five years.
44 2. The department shall:
45 (a) periodically review and update its emission reporting requirements
46 at least every five years; and
47 (b) make reasonable efforts to make its reporting regulations consist-
48 ent with international, federal and other states' greenhouse gas emis-
49 sion reporting programs.
50 (c) provide compliance assistance to small businesses pursuant to the
51 provisions of sections 19-0313 and 19-0315 of this article.
52 3. No later than January 1, 2019, and every three years thereafter,
53 the department shall issue a report on:
54 (a) the annual greenhouse gas emissions from all major greenhouse gas
55 emission sources, including the relative contribution of each major
A. 6072 3
1 greenhouse gas emission source to statewide greenhouse gas emissions;
2 and
3 (b) the progress made by the department in achieving the requirements
4 of section 19-1305 of this title.
5 § 19-1305. Greenhouse gas limits.
6 1. No later than January 1, 2017, the department, after a public hear-
7 ing, and consultation with representatives of business interests, commu-
8 nity organizations, environmental groups, municipal corporations and
9 other stakeholders, shall promulgate rules and regulations setting an
10 enforceable limit on the aggregate level of greenhouse gas emissions
11 from all greenhouse gas emission sources provided, however, the aggre-
12 gate limit shall not be greater than the aggregate level of greenhouse
13 gas emissions for calendar year 1990.
14 2. (a) On January 1, 2020 the limit established in subdivision one of
15 this section shall be reduced by 20 percent.
16 (b) On January 1, 2025 the limit established in subdivision one of
17 this section shall be reduced by 30 percent.
18 (c) On January 1, 2030 the limit established in subdivision one of
19 this section shall be reduced by 40 percent.
20 (d) On January 1, 2035 the limit established in subdivision one of
21 this section shall be reduced by 50 percent.
22 (e) On January 1, 2040 the limit established in subdivision one of
23 this section shall be reduced by 60 percent.
24 (f) On January 1, 2045 the limit established in subdivision one of
25 this section shall be reduced by 70 percent.
26 (g) On January 1, 2050, and each year thereafter, the limit shall
27 remain at 80 percent below the limit established in subdivision one of
28 this section.
29 3. Any rule or regulation the commissioner adopts to comply with this
30 section must:
31 (a) initially focus upon ensuring state facility compliance;
32 (b) not place or increase an additional environmental or health burden
33 on a community that has a significant level of regulated air contam-
34 inant source emissions within the community as compared with the county
35 average;
36 (c) be compatible with other emissions reductions programs; and
37 (d) include a plan to the extent practicable to address adaptation to
38 climate change including but not limited to terrestrial and aquatic
39 habitats, plants and animal species, connectivity of habitats, and
40 ecosystem services provided by natural resources including but not
41 limited to flood control and drinking water supply.
42 § 3. This act shall take effect immediately.