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A10342 Summary:

BILL NOA10342
 
SAME ASSAME AS S08005
 
SPONSOREnglebright
 
COSPNSRPeoples-Stokes, Paulin, Titus, Colton, Cahill, Lifton, Thiele, Rodriguez, Otis, Skoufis, Jean-Pierre, Ortiz, Lupardo, Rosenthal, Jaffee, Abinanti, Kavanagh, Simon, Gottfried, Skartados, Sepulveda, Steck
 
MLTSPNSRFahy, Farrell, Galef
 
Add Art 75 75-0101 - 75-0115, amd 54-1523, En Con L; add 66-o, Pub Serv L; amd 1005, ren 1020-ii, 1020-jj & 1020-kk to be 1020-jj, 1020-kk & 1020-ll, add 1020-ii, Pub Auth L; add Art 8-B 228, Lab L; add 17-a & 17-b, Chap 355 of 2014
 
Enacts the New York state climate and community protection act; relates to climate change; renewable energy program; labor and job standards and worker protection.
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A10342 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10342
 
SPONSOR: Englebright (MS)
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to enact the "New York State Climate and Community Protection Act" to address and mitigate the impacts of climate change in New York.   SUMMARY OF SPECIFIC PROVISIONS: This bill would: *define relevant terms; *establish the 'New York State Climate Action Council" (the Council) consisting of 23 members including state agencies and individuals with expertise in environmental issues, environmental justice, labor, and regulated industries; *require the Department of Environmental Conservation (DEC) to estab- lish: *greenhouse gas reporting requirements; *statewide greenhouse gas emissions limits; *a scoping plan, developed in consultation with the Council, the Envi- ronmental Justice Advisory Group (established in A.3063, sponsored by M. of A. Peoples-Stokes), the Disadvantaged Communities Working Group and other stakeholders, outlining DEC's recommendations for attaining the statewide greenhouse gas emissions limits; *regulations to achieve statewide greenhouse gas emissions reductions; *a report, not less than every four years, including recommendations regarding the implementation of greenhouse gas reduction measures; *a report on barriers to, and opportunities for, community ownership of services and commodities in disadvantaged communities, including distributed renewable energy generation; energy efficiency and weatheri- zation investments; and, zero emission and low-emission transportation options; and, *take actions to promote adaptation and resilience; *establish a Disadvantaged Communities Working Group consisting of representatives from environmental justice communities, DEC, and the Departments of Health and Labor to:' *identify disadvantaged communities for the purposes of co-pollutant and greenhouse gas emissions reductions and the allocation of certain investments; and, *advise. DEC on the promulgation of certain reports and regulations; *require state agencies to assess and implement strategies to reduce their greenhouse gas emissions and, when issuing permits, licenses or other administrative approvals and decisions, to consider whether such decisions would be inconsistent with the attainment of the statewide greenhouse gas emission limits; *authorize monies from the Environmental Protection Fund to be used to establish and implement easily-replicated renewable energy projects, including solar arrays, heat pumps and wind turbines in public low-in- come housing in suburban, urban and rural areas; *provide a definition of "renewable energy systems" to mean systems that generate electricity or thermal energy through the use of the following technologies: solar thermal, photovoltaics, wind, hydroelectric, geoth- ermal electric, geothermal ground source heat, tidal energy, wave ener- gy, ocean thermal, offshore wind and fuel cells which do not utilize a fossil fuel resource in the process of generating electricity; *require that fifty percent of the electric capacity served by electric distribution companies regulated by the Public Service Commission (PSC); the Power Authority of the State of New York (PASNY); and the Long Island Power Authority (LIPA) be produced by renewable energy systems by 2030; *establish the following incremental capacity levels: twenty-seven, percent by 2017; thirty percent by 2020; forty percent by 2025 and fifty percent by 2030; *provide a framework and guidelines for electric distribution companies, PASNY and LIPA to follow in order to achieve their required capacity levels, including periodic reviews of such levels; *require that all projects contracted pursuant to this act that either receive financial assistance of more than $100,000 or have a total value of more than $10 million pay to building service workers and construction workers the prevailing wage rate of the locality in which the project is located. These projects must also include in their contracts with contractors language requiring labor harmony policies, dispute resolution mechanisms, prevailing wage compliance, safety poli- cies, workers' compensation insurance, and apprenticeship program utili- zation; and, *provide that contracts by recipients of financial assistance pertaining to prevailing wage are to be considered for the benefit of the applica- ble workers, and these workers have a right to maintain an action in court if they are paid less than prevailing wage.   JUSTIFICATION: Climate change is adversely affecting economic well-being, public health, natural resources, and the environment of New York. Climate change especially heightens the vulnerability of disadvantaged communi- ties, which 'bear environmental and socioeconomic burdens. The severity of current climate change and the threat of additional and more severe change will be affected by the actions undertaken by New York and other jurisdictions to reduce greenhouse gas emissions. According to the U.S. Global Change Research Program (USGCRP) and the Intergovernmental Panel on Climate Change, substantial reductions in greenhouse gas emissions will be required by mid-century in order to limit global warming. Action undertaken by New York to reduce greenhouse emissions will have an impact on global greenhouse gas emissions and the rate of climate, change. In addition, such action will encourage other jurisdictions to implement complementary greenhouse gas reduction strategies and provide an example. of how such strategies can be implemented. It will also advance the development of green technologies and sustainable practices within the private sector, which can have far-reaching impacts such as a reduction in the cost of renewable energy components, and the creation of jobs and tax revenues in New York. This bill will: *help put New York on track to minimize the adverse impacts of climate change through a combination of measures to reduce statewide greenhouse gas emissions and improve the resiliency of the state with respect to the impacts and risks of climate change that cannot be avoided; *shape the ongoing transition in the State's energy sector to ensure that it creates good jobs and protects 'workers and communities that may lose employment in the current transition. Setting clear standards for job quality and training standards encourages not only high-quality work but positive economic impacts; *prioritize the safety and health of disadvantaged communities, control potential regressive impacts of future climate change mitigation and adaptation policies on these communities; and, *review and prioritize the allocation of certain public investments.   PRIOR LEGISLATIVE HISTORY: This is new legislation.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2016, in relation to establishing a permanent environmental justice advisory group as proposed in legislative bills numbers A.3063 and S.1525, provided further that the provisions of section seven shall take effect on the 180th day after it shall have become law and shall apply to any grants, loans, and contracts and financial assistance awarded or renewed on or after such effective date.
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A10342 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10342
 
                   IN ASSEMBLY
 
                                      May 23, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT,  PEOPLES-STOKES, PAULIN, TITUS,
          COLTON, CAHILL, LIFTON, THIELE, RODRIGUEZ, OTIS, SKOUFIS,  JEAN-PIERRE
          --  Multi-Sponsored  by  -- M. of A. FAHY -- read once and referred to
          the Committee on Environmental Conservation
 
        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
    19    f.  an  increase  in  the  incidences  of  infectious diseases, asthma
    20  attacks, heart  attacks,  and  other  negative  health  outcomes.  These
    21  impacts  are  having  a detrimental effect on some of New York's largest
    22  industries, including agriculture, commercial shipping, forestry,  tour-
    23  ism,  and  recreational and commercial fishing. These impacts also place
    24  additional strain on the physical infrastructure that delivers  critical
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15576-05-6

        A. 10342                            2
 
     1  services  to  the  citizens  of  New York, including the state's energy,
     2  transportation, stormwater, and wastewater infrastructure.
     3    2. The severity of current climate change and the threat of additional
     4  and more severe change will be affected by the actions undertaken by New
     5  York and other jurisdictions to reduce greenhouse gas emissions. Accord-
     6  ing  to  the U.S. Global Change Research Program (USGCRP) and the Inter-
     7  governmental Panel on Climate Change (IPCC), substantial  reductions  in
     8  greenhouse  gas  emissions  will  be required by mid-century in order to
     9  limit global warming to no more than 2°C and  ideally  1.5°C,  and  thus
    10  minimize  the  risk of severe impacts from climate change. Specifically,
    11  industrialized countries must reduce their greenhouse gas  emissions  by
    12  at  least  80%  below  1990  levels by 2050 in order to stabilize carbon
    13  dioxide equivalent concentrations at 450 parts  per  million--the  level
    14  required to stay within the 2°C target.
    15    3.  Action  undertaken by New York to reduce greenhouse emissions will
    16  have an impact on global  greenhouse  gas  emissions  and  the  rate  of
    17  climate  change. In addition, such action will encourage other jurisdic-
    18  tions to implement complementary greenhouse gas reduction strategies and
    19  provide an example of how such strategies can be  implemented.  It  will
    20  also advance the development of green technologies and sustainable prac-
    21  tices  within  the  private  sector, which can have far-reaching impacts
    22  such as a reduction in the cost of renewable energy components, and  the
    23  creation of jobs and tax revenues in New York.
    24    4.  It  shall  therefore  be a goal of the state of New York to reduce
    25  greenhouse gas emissions from all anthropogenic sources 100%  over  1990
    26  levels  by  the  year  2050, with an incremental target of at least a 50
    27  percent reduction in climate pollution by the year 2030,  in  line  with
    28  USGCRP  and  IPCC  projections  of  what  is necessary to avoid the most
    29  severe impacts of climate change.
    30    5. Although substantial emissions reductions are  necessary  to  avoid
    31  the  most  severe  impacts  of  climate change, complementary adaptation
    32  measures will also be needed to  address  those  risks  that  cannot  be
    33  avoided. Some of the impacts of climate change are already observable in
    34  New  York  state  and  the  northeastern  United  States. Annual average
    35  temperatures are on the rise, winter  snow  cover  is  decreasing,  heat
    36  waves  and  precipitation  are  intensifying,  and  sea levels along New
    37  York's coastline are approximately one foot higher  than  they  were  in
    38  1900.  New York has also experienced an increasing number of extreme and
    39  unusual   weather   events,  like  Hurricanes  Irene  and  Lee  and  the
    40  unprecedented Superstorm Sandy in 2012, which caused at least 53  deaths
    41  and $32 billion in damage in New York state.
    42    6.  New  York  should  therefore  minimize  the  risks associated with
    43  climate change through a combination of  measures  to  reduce  statewide
    44  greenhouse  gas  emissions  and improve the resiliency of the state with
    45  respect to the impacts and  risks  of  climate  change  that  cannot  be
    46  avoided.
    47    7.  Climate change especially heightens the vulnerability of disadvan-
    48  taged communities, which bear environmental and socioeconomic burdens as
    49  well as legacies of racial and ethnic discrimination. Actions undertaken
    50  by New York state to mitigate greenhouse gas emissions should prioritize
    51  the safety and health of disadvantaged  communities,  control  potential
    52  regressive  impacts  of  future climate change mitigation and adaptation
    53  policies on these communities, and prioritize the allocation  of  public
    54  investments in these areas.
    55    8.  Creating good jobs and a thriving economy is a core concern of New
    56  York state.   Shaping the ongoing transition in  our  energy  sector  to

        A. 10342                            3

     1  ensure  that  it  creates good jobs and protects workers and communities
     2  that may lose employment in the current transition must be key  concerns
     3  of  our  climate  policy.  Setting  clear  standards for job quality and
     4  training  standards  encourages  not only high-quality work but positive
     5  economic impacts.
     6    9. Workers are at the front lines of  climate  change.    Construction
     7  workers  and  building  service  workers  were some of the first workers
     8  dedicated to cleaning up damage inflicted by recent storms. These  work-
     9  ers  were  often operating in unsafe and toxic environments, cleaning up
    10  mold, and working in unstable buildings. In order to protect the  health
    11  and  welfare of these workers, it is in the interest of the state of New
    12  York to establish safe and healthy working conditions and proper  train-
    13  ing  for workers involved in climate change related activities. In addi-
    14  tion, much of the infrastructure work preparing our state for additional
    15  climate change events must happen quickly and efficiently. It is in  the
    16  interest  of  the  state  to  ensure labor harmony and promote efficient
    17  performance of work on climate change related work  sites  by  requiring
    18  workers to be well-trained and adequately compensated.
    19    10.  Ensuring  career  opportunities  are created and shared geograph-
    20  ically and demographically is necessary to ensure  increased  access  to
    21  good  jobs  for marginalized communities while making the same neighbor-
    22  hoods more resilient.  Climate change has a disproportionate  impact  on
    23  low-income  people,  women,  and  workers.  It is in the interest of the
    24  state of New York to protect and promote the interests of  these  groups
    25  against  the  impacts of climate change and severe weather events and to
    26  advance our equity goals by ensuring quality employment opportunities in
    27  safe working environments.
    28    11. The complexity  of  the  ongoing  energy  transition,  the  uneven
    29  distribution  of  economic opportunity, and the disproportionate cumula-
    30  tive economic and environmental burdens on communities mean  that  there
    31  is a strong state interest in setting a floor statewide for labor stand-
    32  ards, but allowing and encouraging individual agencies and local govern-
    33  ments to raise standards.
    34    12.  By  exercising  a  global leadership role on greenhouse gas miti-
    35  gation and climate change adaptation, New York will position its  econo-
    36  my,  technology centers, financial institutions, and businesses to bene-
    37  fit from national and international efforts to address  climate  change.
    38  New  York  state  has  already  demonstrated  leadership in this area by
    39  undertaking efforts such as:
    40    a. executive order no. 24 (2009), establishing a goal to reduce green-
    41  house gas emissions 80% by the year  2050,  creating  a  climate  action
    42  council, and calling for preparation of a climate action plan;
    43    b.  chapter 433 of the laws of 2009, establishing a state energy plan-
    44  ning board and requiring the board to adopt a state energy plan;
    45    c. chapter 388 of the laws of 2011, directing the department of  envi-
    46  ronmental  conservation  to  promulgate  rules  and regulations limiting
    47  emissions of carbon dioxide by newly constructed major generating facil-
    48  ities;
    49    d. the adoption of a state energy plan establishing clean energy goals
    50  for the year 2030 aimed at reducing greenhouse gas  emission  levels  by
    51  40% from 1990 levels, producing 50% of electricity from renewable sourc-
    52  es, and increasing energy efficiency from 2012 levels by 23%;
    53    e.  collaboration  with  other  states  on the Regional Greenhouse Gas
    54  Initiative, and the development of a regional low carbon fuel standard;

        A. 10342                            4
 
     1    f. creation of new offices and task forces to address climate  change,
     2  including  the  New  York  state office of climate change, the renewable
     3  energy task force, and the sea level rise task force; and
     4    g.  the  enactment  of  the  Community Risk and Resiliency Act (CRRA),
     5  which requires agencies to consider sea level rise and other climate-re-
     6  lated events when implementing certain state programs.
     7    This legislation will build upon these past developments by creating a
     8  comprehensive regulatory program to reduce greenhouse gas emissions that
     9  corresponds with the targets established in executive order no. 24,  the
    10  state energy plan, and USGCRP and IPCC projections.
    11    §  2.  The  environmental  conservation law is amended by adding a new
    12  article 75 to read as follows:
    13                                 ARTICLE 75
    14                               CLIMATE CHANGE
    15  Section 75-0101. Definitions.
    16          75-0103. New York state climate action council.
    17          75-0105. Greenhouse gas reporting.
    18          75-0107. Statewide greenhouse gas emissions limits.
    19          75-0109. Scoping plan for  statewide  greenhouse  gas  emissions
    20                     reductions.
    21          75-0111. Promulgation of regulations to achieve statewide green-
    22                     house gas emissions reductions.
    23          75-0113. Disadvantaged communities working group.
    24          75-0115. Implementation reporting.
    25  § 75-0101. Definitions.
    26    For  the  purposes  of this article the following terms shall have the
    27  following meanings:
    28    1. "Allowance" means an authorization  to  emit,  during  a  specified
    29  year, up to one ton of carbon dioxide equivalent.
    30    2.  "Alternative compliance mechanism" means an action undertaken by a
    31  greenhouse gas emission source that achieves the equivalent reduction of
    32  greenhouse gas emissions over the same time period as a direct  emission
    33  reduction,  and  that is approved by the department. Such mechanisms may
    34  include but are not limited to a flexible compliance schedule,  alterna-
    35  tive control technology, a process change, or a product substitution.
    36    3.  "Carbon  dioxide equivalent" means the amount of carbon dioxide by
    37  mass that would produce the same global warming impact as a  given  mass
    38  of  another  greenhouse  gas  over  an integrated twenty-year time frame
    39  after emission, based on the best available science.
    40    4. "Co-pollutants" means hazardous air pollutants produced  by  green-
    41  house gas emissions sources.
    42    5.  "Council"  means  the New York state climate action council estab-
    43  lished pursuant to section 75-0103 of this article.
    44    6.  "Direct  emission  reduction"  means  a  greenhouse  gas  emission
    45  reduction action made by a greenhouse gas emission source at the source.
    46    7.  "Disadvantaged communities" means communities that bear burdens of
    47  negative public health  effects,  environmental  pollution,  impacts  of
    48  climate  change,  and possess certain socioeconomic criteria, as identi-
    49  fied pursuant to section 75-0113 of this article.
    50    8. "Emissions reduction measures" means programs, measures, standards,
    51  and alternative compliance mechanisms authorized pursuant to this  chap-
    52  ter,  applicable  to sources or categories of sources, that are designed
    53  to reduce emissions of greenhouse gases.
    54    9. "Greenhouse gas" means  carbon  dioxide,  methane,  nitrous  oxide,
    55  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other

        A. 10342                            5
 
     1  substance  emitted  into  the  air that may be reasonably anticipated to
     2  cause or contribute to anthropogenic climate change.
     3    10.  "Greenhouse  gas emission limit" means an authorization, during a
     4  specified year, to emit up to a level of greenhouse gases  specified  by
     5  the department, expressed in tons of carbon dioxide equivalent.
     6    11.  "Greenhouse  gas emission source" or "source" means any source or
     7  category of sources of  greenhouse  gas  emissions,  determined  by  the
     8  department to be capable of being monitored for compliance.
     9    12. "Leakage" means a reduction in emissions of greenhouse gases with-
    10  in  the  state  that is offset by an increase in emissions of greenhouse
    11  gases outside of the state.
    12    13. "Major greenhouse gas emission source" or "major source" means any
    13  source whose emissions are at a level of significance, as determined  by
    14  the  department, that its participation in the program established under
    15  this article will enable the department to effectively reduce greenhouse
    16  gas emissions and monitor compliance with the statewide  greenhouse  gas
    17  emissions limits as established in section 75-0107 of this article. Such
    18  sources shall include, at minimum:
    19    a.  Manufacturers,  producers,  and/or  distributors  of fossil fuels,
    20  including but not limited to oil  refineries,  oil  storage  facilities,
    21  natural  gas storage facilities, compressor stations, natural gas meter-
    22  ing and regulator stations, and natural gas pipelines;
    23    b. Any electric generating facility of 25 megawatts or more that burns
    24  fossil fuels;
    25    c. Any stationary source of greenhouse gas emissions that emits 25,000
    26  metric tons or more of carbon dioxide equivalent per year;
    27    d. Any other source, capable of being measured,  that  the  department
    28  deems  to  be  a  major  contributor to greenhouse gas emissions in this
    29  state.
    30    14. "Market-based compliance mechanism" means any of the following:
    31    a. A  price  on  greenhouse  gas  emissions  from  regulated  sources,
    32  expressed  as  a  fee per ton of carbon dioxide equivalent released in a
    33  given year.
    34    b. A system of market-based declining annual aggregate emissions limi-
    35  tations for sources or categories of sources that emit greenhouse gases.
    36    c. Greenhouse gas emissions exchanges,  banking,  credits,  and  other
    37  transactions,  governed  by  rules  and  regulations  established by the
    38  department, following approval by the legislature and after no less than
    39  two public hearings, that result in the  same  greenhouse  gas  emission
    40  reduction, over the same time period, as direct compliance with a green-
    41  house  gas  emission  limit or emission reduction measure adopted by the
    42  department pursuant to this article.
    43    15. "Statewide greenhouse gas emissions" means the total annual  emis-
    44  sions  of  greenhouse gases in the state, including, but not limited to,
    45  all emissions of greenhouse gases from  the  generation  of  electricity
    46  delivered  to  and consumed in New York, accounting for transmission and
    47  distribution line losses, whether the electricity is generated in  state
    48  or  imported.   Statewide emissions shall be expressed in tons of carbon
    49  dioxide equivalents.
    50    16. "Statewide greenhouse gas emissions limit" or "statewide emissions
    51  limit" means the maximum allowable level  of  statewide  greenhouse  gas
    52  emissions  in a specified year, as determined by the department pursuant
    53  to this article.
    54    17. "Environmental justice advisory group" shall  mean  the  permanent
    55  environmental  justice  advisory  group  established by a chapter of the
    56  laws of two thousand sixteen amending the environmental conservation law

        A. 10342                            6
 
     1  relating to establishing  a  permanent  environmental  justice  advisory
     2  group  and an environmental justice interagency coordinating council, as
     3  proposed in legislative bills numbers S.1525  and  A.3063,  relating  to
     4  establishing  a  permanent  environmental  justice advisory group and an
     5  environmental justice interagency coordinating council.
     6  § 75-0103. New York state climate action council.
     7    1. There is hereby established, within the department,  the  New  York
     8  state  climate  action  council  ("council")  which shall consist of the
     9  following twenty-three members:
    10    a. the commissioners of transportation, health, economic  development,
    11  agriculture   and   markets,  housing  and  community  renewal,  general
    12  services, labor, environmental conservation, homeland security and emer-
    13  gency services, the superintendent of financial services, the presidents
    14  of the New York state energy research and development;  New  York  power
    15  authority;  Long  Island  power  authority; New York power authority and
    16  dormitory of the state of New York, or their designee.
    17    b. two members appointed by the governor;
    18    c. two members to be appointed  by  the  temporary  president  of  the
    19  senate;
    20    d. two members to be appointed by the speaker of the assembly;
    21    e.  one  member  to be appointed by the minority leader of the senate;
    22  and
    23    f. one member to be appointed by the minority leader of the assembly.
    24    2. The at large members shall include at all  times  individuals  with
    25  expertise  in  environmental  issues related to climate change, environ-
    26  mental justice, labor, and regulated industries.
    27    3. Council members shall receive no compensation  for  their  services
    28  but  shall  be  reimbursed for actual and necessary expenses incurred in
    29  the performance of their duties.
    30    4. The chairperson of the council shall be the commissioner  of  envi-
    31  ronmental conservation or his or her designee.
    32    5. A majority of the members of the council shall constitute a quorum.
    33    6. Any vacancies on the council shall be filled in the manner provided
    34  for in the initial appointment.
    35    7.  The  council  shall  be  authorized  to convene advisory panels to
    36  assist or advise it in areas requiring special expertise or knowledge.
    37    8. The department shall provide  the  council  with  such  facilities,
    38  assistance  and  data as will enable the council to carry out its powers
    39  and duties. Additionally, all other agencies of the  state  or  subdivi-
    40  sions  thereof may, at the request of the chairperson, provide the coun-
    41  cil with such facilities, assistance, and data as will enable the  coun-
    42  cil to carry out its powers and duties.
    43    9.  The council shall consult with the disadvantaged communities work-
    44  ing group established in section 75-0113 of this article, the department
    45  of state utility intervention unit, and the federally  designated  elec-
    46  tric bulk system operator.
    47    10. The council shall advise the department on:
    48    a.  The  development of statewide greenhouse gas emissions limit rules
    49  and regulations, pursuant  to  section  75-0107  of  this  article,  and
    50  reduced  greenhouse  gas  emissions  regulations,  pursuant  to  section
    51  75-0111 of this article.
    52    b. The preparation of a scoping plan for reducing greenhouse gas emis-
    53  sions, pursuant to the procedures set forth in section 75-0109  of  this
    54  article.
    55  § 75-0105. Greenhouse gas reporting.

        A. 10342                            7

     1    1.  No  later  than one year after the effective date of this article,
     2  the department shall, after at least  two  public  hearings,  promulgate
     3  rules  and regulations requiring annual greenhouse gas emissions report-
     4  ing from major greenhouse gas emission sources. The regulations shall:
     5    a.  Establish a greenhouse gas emissions registry and reporting system
     6  for greenhouse gas emission sources, which includes greenhouse gas emis-
     7  sions from all major greenhouse gas emission sources, expressed in  tons
     8  of carbon dioxide equivalents;
     9    b.  Account  for  both  direct  and indirect greenhouse gas emissions,
    10  including emissions from all electricity consumed in the state,  regard-
    11  less  of  whether  such  electricity  was  generated within the state or
    12  imported from outside the state, and  accounting  for  transmission  and
    13  distribution line losses;
    14    c.  Ensure rigorous and consistent accounting of emissions and provide
    15  reporting tools and formats to ensure collection of necessary data; and
    16    d. Ensure that greenhouse gas emission sources maintain  comprehensive
    17  records  of  any  greenhouse  gas  emissions  reported for at least five
    18  years.
    19    2. The department shall:
    20    a. Review and update emission reporting requirements  at  least  every
    21  five years;
    22    b.  Make reasonable efforts to make its reporting regulations consist-
    23  ent with international, federal, and other states' greenhouse gas  emis-
    24  sions reporting programs; and
    25    c.  Provide  compliance assistance to small businesses pursuant to the
    26  provisions of sections 19-0313 and 19-0315 of this chapter.
    27    3. No later than two years after the effective date of  this  article,
    28  and each year thereafter, the department shall issue a report on:
    29    a.  The  annual greenhouse gas emissions from all major greenhouse gas
    30  emission sources, including the  relative  contribution  of  each  major
    31  greenhouse  gas  emission  source  to the statewide greenhouse gas emis-
    32  sions; and
    33    b. The progress made by the department in achieving  the  requirements
    34  of this section.
    35  § 75-0107. Statewide greenhouse gas emissions limits.
    36    1.  No later than six months after the effective date of this article,
    37  the department shall determine what the statewide greenhouse  gas  emis-
    38  sions  level was in 1990, and, pursuant to rules and regulations promul-
    39  gated after at least one public hearing, establish  a  statewide  green-
    40  house  gas  emissions  limit  as a percentage of 1990 emissions, for the
    41  following years as follows:
    42    a. 2020: 100% of 1990 emissions.
    43    b. 2025: 75% of 1990 emissions.
    44    c. 2030: 50% of 1990 emissions.
    45    d. 2035: 40% of 1990 emissions.
    46    e. 2040: 30% of 1990 emissions.
    47    f. 2045: 20% of 1990 emissions.
    48    g. 2050: 0% of 1990 emissions.
    49    2. In order to ensure the most accurate  determination  feasible,  the
    50  department  shall  utilize the best available scientific, technological,
    51  and economic information on greenhouse gas emissions  and  consult  with
    52  the  council,  stakeholders,  and the public in order to ensure that all
    53  emissions are accurately reflected in its determination  of  1990  emis-
    54  sions levels.
    55  § 75-0109. Scoping   plan   for   statewide   greenhouse  gas  emissions
    56               reductions.

        A. 10342                            8
 
     1    1. On or before two years of the effective date of this  article,  the
     2  department  shall  prepare  and  approve  a  scoping  plan outlining the
     3  department's recommendations for attaining the statewide greenhouse  gas
     4  emissions  limits in accordance with the schedule established in section
     5  75-0107 of this article.
     6    2.  The draft scoping plan shall be developed in consultation with the
     7  council, environmental justice advisory  group,  and  the  disadvantaged
     8  communities  working  group  established  pursuant to section 75-0113 of
     9  this article and other stakeholders.
    10    a. The department and the council shall hold  at  least  six  regional
    11  public comment hearings on the draft scoping plan, including three meet-
    12  ings  in  the upstate region and three meetings in the downstate region,
    13  and shall allow at least one hundred twenty days for the  submission  of
    14  public comment.
    15    b.  The  department  shall provide meaningful opportunities for public
    16  comment from all persons who will be impacted  by  the  plan,  including
    17  persons  living  in  disadvantaged communities as identified pursuant to
    18  section 75-0113 of this article.
    19    c. On or before thirty months of the effective date of  this  article,
    20  the  department shall submit the final scoping plan to the governor, the
    21  speaker of the assembly and the temporary president of  the  senate  and
    22  post such plan on its website.
    23    3. The scoping plan shall identify and make recommendations on regula-
    24  tory measures and other state actions that will ensure the attainment of
    25  the  statewide  greenhouse  gas emissions limits established pursuant to
    26  section 75-0107 of this article. The measures and actions considered  in
    27  such scoping plan shall at a minimum include:
    28    a.  Performance-based  standards  for  sources of greenhouse gas emis-
    29  sions, including but not  limited  to  sources  in  the  transportation,
    30  building, industrial, commercial, and agricultural sectors.
    31    b.  Market-based  mechanisms  to reduce statewide greenhouse gas emis-
    32  sions or emissions from a particular source category, including an exam-
    33  ination of: the imposition of fees per unit of carbon dioxide equivalent
    34  emitted and the imposition of emissions caps accompanied by a system  of
    35  tradable emission allowances.
    36    c.  Measures  to  reduce  emissions  from  the  electricity  sector by
    37  displacing fossil-fuel fired electricity with renewable  electricity  or
    38  energy efficiency.
    39    d.  Land-use  and  transportation  planning measures aimed at reducing
    40  greenhouse gas emissions from motor vehicles.
    41    e. Measures to achieve long-term carbon sequestration  and/or  promote
    42  best management practices in land use, agriculture and forestry.
    43    f. Verifiable, enforceable and voluntary emissions reduction measures.
    44    4. In developing such plan the department shall:
    45    a.  Consider  all  relevant  information  pertaining to greenhouse gas
    46  emissions reduction programs in other states, regions,  localities,  and
    47  nations.
    48    b.  Evaluate, using the best available economic models, emission esti-
    49  mation techniques and other  scientific  methods,  the  total  potential
    50  costs  and  potential economic and non-economic benefits of the plan for
    51  reducing greenhouse gases, and make such evaluation publicly  available.
    52  In conducting this evaluation, the department shall quantify:
    53    i.  The  economic  and  social  benefits  of  greenhouse gas emissions
    54  reductions, taking into account the federal social cost of  carbon,  any
    55  other  tools  that  the  department  deems useful and pertinent for this
    56  analysis, and any environmental, economic and public health  co-benefits

        A. 10342                            9
 
     1  (such as the reduction of co-pollutants and the diversification of ener-
     2  gy sources); and
     3    ii.  The  costs of implementing proposed emissions reduction measures,
     4  and the emissions reductions that the department  anticipates  achieving
     5  through these measures.
     6    c.  Take  into  account  the  relative  contribution of each source or
     7  source category to statewide greenhouse gas emissions, and the potential
     8  for adverse effects on small businesses,  and  recommend  a  de  minimis
     9  threshold  of  greenhouse  gas  emissions below which emission reduction
    10  requirements will not apply.
    11    d. Identify measures to maximize reductions  of  both  greenhouse  gas
    12  emissions  and  co-pollutants in disadvantaged communities as identified
    13  pursuant to section 75-0113 of this article.
    14    5. The department shall update its plan for  achieving  the  statewide
    15  greenhouse gas emissions limits at least once every five years and shall
    16  make such updates available to the governor, the speaker of the assembly
    17  and  the  temporary president of the senate and post such updates on its
    18  website.
    19  § 75-0111. Promulgation of regulations to achieve  statewide  greenhouse
    20               gas emissions reductions.
    21    1. No later than three years after the effective date of this article,
    22  the  department,  after public workshops and consultation with the coun-
    23  cil, the environmental justice advisory  group,  and  the  disadvantaged
    24  communities  working  group  established  pursuant to section 75-0113 of
    25  this article, representatives of regulated entities, community organiza-
    26  tions, environmental groups, health professionals, labor unions, munici-
    27  pal corporations, trade  associations  and  other  stakeholders,  shall,
    28  after no less than two public hearings, promulgate rules and regulations
    29  to ensure compliance with the statewide emissions reduction limits.
    30    2.  The  regulations  promulgated  by  the department pursuant to this
    31  section shall:
    32    a. Ensure that the aggregate emissions of greenhouse gases from  major
    33  and minor sources will not exceed the statewide greenhouse gas emissions
    34  limits established in section 75-0107 of this article.
    35    b.  Include  legally  enforceable emissions limits, performance stand-
    36  ards, or other requirements to control emissions from major sources.
    37    c. Include measures to reduce emissions from minor sources that have a
    38  cumulatively significant impact on statewide greenhouse  gas  emissions,
    39  such  as  motor vehicles and electric generating facilities of less than
    40  25 megawatts.
    41    3. In promulgating these regulations, the department shall:
    42    a. Design and implement all regulations in a manner that seeks  to  be
    43  equitable,  to  minimize costs and to maximize the total benefits to New
    44  York, and encourages early action to reduce greenhouse gas emissions.
    45    b. Ensure that greenhouse gas emissions reductions achieved are  real,
    46  permanent, quantifiable, verifiable, and enforceable by the department.
    47    c. Ensure that activities undertaken to comply with the regulations do
    48  not  result  in  a  net  increase in co-pollutant emissions or otherwise
    49  disproportionately burden disadvantaged communities as identified pursu-
    50  ant to section 75-0113 of this article.
    51    d. Prioritize measures to maximize net reductions  of  greenhouse  gas
    52  emissions  and  co-pollutants in disadvantaged communities as identified
    53  pursuant to section 75-0113 of this article and encourage  early  action
    54  to reduce greenhouse gas emissions and co-pollutants.
    55    e. Minimize leakage.
    56    4. Market-based compliance mechanisms.

        A. 10342                           10
 
     1    a.  The  department may, with the approval of the legislature, include
     2  in the regulations provisions for the  use  of  market-based  compliance
     3  mechanisms to comply with the regulations.
     4    b.  Prior to the inclusion of any market-based compliance mechanism in
     5  the regulations, to the  extent  feasible  and  in  the  furtherance  of
     6  achieving  the  statewide greenhouse gas emissions limit, the department
     7  shall do all of the following:
     8    i. Consider the potential for direct, indirect, and  cumulative  emis-
     9  sion  impacts  from  these  mechanisms,  including  localized impacts in
    10  disadvantaged communities as identified pursuant to section  75-0113  of
    11  this article;
    12    ii.  Design  any  market-based  compliance  mechanism  to  prevent any
    13  increase in the emissions of toxic air  contaminants  or  co-pollutants;
    14  and
    15    iii.  Maximize  additional  environmental, public health, and economic
    16  benefits for the state of New York  and  for  disadvantaged  communities
    17  identified pursuant to section 75-0113 of this article, as appropriate.
    18    c.  Such  regulations  shall  include provisions governing how market-
    19  based compliance mechanisms may be used by regulated entities subject to
    20  greenhouse  gas  emissions  limits  and  mandatory  emission   reporting
    21  requirements  to  achieve compliance with their greenhouse gas emissions
    22  limits.
    23    d. The department  shall  ensure  that  forty  percent  of  any  funds
    24  collected pursuant to any market-based compliance regulations promulgat-
    25  ed  under  this  section  as  a result of legislative authorization, and
    26  funds authorized by the public service commission to be collected solely
    27  for and directed to the New York state energy research  and  development
    28  authority  are  invested  in  a  manner which will benefit disadvantaged
    29  communities, identified pursuant to section  75-0113  of  this  article,
    30  consistent with the purposes of this article, including, but not limited
    31  to, increased access to renewable energy, energy efficiency, weatheriza-
    32  tion,  zero-  and  low-emission  transportation, and adaptation opportu-
    33  nities.  The department shall consult with the disadvantaged communities
    34  working group in developing and carrying out such investments.
    35  § 75-0113. Disadvantaged communities working group.
    36    1. There is hereby created within the department, no  later  than  six
    37  months after the effective date of this article, a "disadvantaged commu-
    38  nities working group." Such working group will be comprised of represen-
    39  tatives  from:  environmental  justice  communities, the department, the
    40  department of health and the department of labor.
    41    a. Environmental justice community representatives shall be members of
    42  communities of color, low-income communities,  and  communities  bearing
    43  disproportionate  pollution  and  climate  change  burdens,  or shall be
    44  representatives of community-based organizations with experience  and  a
    45  history  of  advocacy on environmental justice issues, and shall include
    46  at least three representatives from New  York  city  communities,  three
    47  representatives  from  rural communities, and three representatives from
    48  upstate urban communities.
    49    b. The working group, in cooperation with the department, the  depart-
    50  ments of health and labor, and the environmental justice advisory group,
    51  will  establish  criteria  to identify disadvantaged communities for the
    52  purposes  of   co-pollutant   reductions,   greenhouse   gas   emissions
    53  reductions,  regulatory impact statements, and the allocation of invest-
    54  ments related to this article.

        A. 10342                           11
 
     1    c. Disadvantaged communities shall be identified based on  geographic,
     2  public  health,  environmental hazard, and socioeconomic criteria, which
     3  shall include but are not limited to:
     4    (1)  areas  burdened  by  cumulative environmental pollution and other
     5  hazards that can lead to negative public health effects;
     6    (2) areas with concentrations of people that are of low  income,  high
     7  unemployment, high rent burden, low levels of home ownership, low levels
     8  of  educational  attainment, or members of groups that have historically
     9  experienced discrimination on the basis of race or ethnicity; and
    10    (3) areas vulnerable to the impacts of climate change such  as  flood-
    11  ing, storm surges, and urban heat island effects.
    12    2. Before finalizing the criteria for identifying disadvantaged commu-
    13  nities and identifying disadvantaged communities pursuant to subdivision
    14  one  of  this section, the department shall publish draft criteria and a
    15  draft list of disadvantaged communities and make such information avail-
    16  able on its website.
    17    a. The department shall hold at least six regional public hearings  on
    18  the  draft  criteria  and  the  draft list of disadvantaged communities,
    19  including three meetings in the upstate region and three meetings in the
    20  downstate region, and shall allow at least one hundred twenty  days  for
    21  the submission of public comment.
    22    b. The department shall also ensure that there are meaningful opportu-
    23  nities  for  public  comment for all persons who will be impacted by the
    24  criteria, including persons living in areas that may  be  identified  as
    25  disadvantaged communities under the proposed criteria.
    26    3.  The  group  will meet no less than annually to review the criteria
    27  and methods used to identify disadvantaged communities  and  may  modify
    28  such methods to incorporate new data and scientific findings. The disad-
    29  vantaged  communities working group shall review identities of disadvan-
    30  taged communities and modify such identities as needed.
    31  § 75-0115. Implementation reporting.
    32    1. The department shall, not less than every  four  years,  publish  a
    33  report  which shall include recommendations regarding the implementation
    34  of greenhouse gas reduction measures.
    35    2. The report shall, at minimum, include:
    36    a. Whether the state is on track to meet the statewide greenhouse  gas
    37  emissions limits established in section 75-0107 of this article.
    38    b. An assessment of existing regulations and whether modifications are
    39  needed  to  ensure fulfillment of the statewide greenhouse gas emissions
    40  limits.
    41    c. An overview of social benefits from the regulations or other  meas-
    42  ures, including reductions in greenhouse gas emissions and copollutants,
    43  diversification  of  energy  sources, and other benefits to the economy,
    44  environment, and public health, including women's health.
    45    d. An overview of compliance costs for regulated entities and for  the
    46  department and other state agencies.
    47    e.  Whether  regulations  or  other  greenhouse gas reduction measures
    48  undertaken are equitable, minimize costs and maximize the total benefits
    49  to the state, and encourage early action.
    50    f. Whether activities undertaken  to  comply  with  state  regulations
    51  disproportionately burden disadvantaged communities as identified pursu-
    52  ant to section 75-0113 of this article.
    53    g.  An  assessment  of local benefits and impacts of any reductions in
    54  copollutants related to reductions in statewide and local greenhouse gas
    55  emissions.

        A. 10342                           12
 
     1    h. An assessment of disadvantaged communities' access to or  community
     2  ownership of the services and commodities identified in section eight of
     3  the  chapter  of the laws of two thousand sixteen which added this arti-
     4  cle.
     5    i. Whether entities that have voluntarily reduced their greenhouse gas
     6  emissions  prior to the implementation of this article receive appropri-
     7  ate credit for early voluntary reductions.
     8    j. Recommendations for future regulatory and policy action.
     9    3. In preparing this report,  the  department  shall,  at  a  minimum,
    10  consult  with  the  council,  and the disadvantaged community work group
    11  established in section 75-0113 of this article.
    12    4. The report shall  be  published  and  posted  on  the  department's
    13  website.
    14    §  3.  Subdivision 1 of section 54-1523 of the environmental conserva-
    15  tion law is amended by adding a new paragraph h to read as follows:
    16    h. to  establish  and  implement  easily-replicated  renewable  energy
    17  projects, including solar arrays, heat pumps and wind turbines in public
    18  low-income housing in suburban, urban and rural areas.
    19    § 4. The public service law is amended by adding a new section 66-o to
    20  read as follows:
    21    §  66-o.  Establishment  of a renewable energy program.  1. As used in
    22  this section:
    23    (a) "electric distribution company" means  an  investor-owned  utility
    24  that distributes electricity within this state;
    25    (b)  "prevailing  rate  of  wages" shall have the same meaning as such
    26  term is defined in paragraph  a  of  subdivision  five  of  section  two
    27  hundred twenty of the labor law; and
    28    (c) "renewable energy systems" means systems that generate electricity
    29  or thermal energy through use of the following technologies: solar ther-
    30  mal, photovoltaics, wind, hydroelectric, geothermal electric, geothermal
    31  ground  source  heat, tidal energy, wave energy, ocean thermal, offshore
    32  wind and fuel cells which do not utilize a fossil fuel resource  in  the
    33  process of generating electricity.
    34    2. No later than January first, two thousand seventeen, the commission
    35  shall  establish a program to require that a minimum of fifty percent of
    36  the statewide electric capacity served by electric  distribution  compa-
    37  nies  regulated by the commission in two thousand thirty shall be gener-
    38  ated by renewable energy systems.
    39    (a) The  program  shall  achieve  the  following  incremental  minimum
    40  percentage  capacity levels of renewable energy systems within the areas
    41  served by the electric distribution companies regulated by  the  commis-
    42  sion:
    43    (i) twenty-seven percent by two thousand seventeen;
    44    (ii) thirty percent by two thousand twenty;
    45    (iii) forty percent by two thousand twenty-five; and
    46    (iv) fifty percent by two thousand thirty.
    47    (b)  The  minimum  percentage  capacity levels established pursuant to
    48  paragraph (a) of this subdivision  shall  be  achieved  through  minimum
    49  proportional  obligations on each electric distribution company based on
    50  the total annual kilowatt hours distributed as determined by the commis-
    51  sion, provided that the commission  may  require  electric  distribution
    52  corporations to achieve different proportional shares.
    53    (c)  The  program  established by the commission shall be designed to:
    54  (i) be cost-effective; (ii) encourage the deployment of renewable energy
    55  systems at the bulk electric system level  and  behind-the-meter;  (iii)
    56  allow  for  diversity  in  the size and geographic location of renewable

        A. 10342                           13
 
     1  energy systems; (iv) enable the participation of residential and non-re-
     2  sidential customers, including special consideration to  low-to-moderate
     3  income customers; (v) ensure that renewable energy systems will be stra-
     4  tegically  located  to  minimize  peak  load  in constrained areas; (vi)
     5  support electric system reliability and security; and (vii) achieve  any
     6  other objectives the commission may establish.
     7    (d)  In  developing  incentives  for the program, the commission shall
     8  consider the value of renewable energy  system  components  manufactured
     9  and  assembled  within  the  state  and  any other considerations deemed
    10  appropriate by the commission.
    11    (e) The commission shall order each electric distribution  company  to
    12  file  a  program  plan  by  June  first, two thousand seventeen, for the
    13  purpose of fulfilling  its  obligations  established  pursuant  to  this
    14  subdivision.  The commission shall approve each such plan, or may modify
    15  it as it deems appropriate, if the commission finds that the plan  would
    16  result  in  achievement  of  the company's obligations, enhances program
    17  efficiency, and maximizes ratepayer value. Nothing in this section shall
    18  be construed as limiting the electric distribution companies' ability to
    19  propose, or the commission's ability to approve, a  joint  program  plan
    20  for one or more electric distribution companies.
    21    3.  No  later  than  July  first, two thousand eighteen, and every two
    22  years thereafter, the commission shall, after notice and  provision  for
    23  the  opportunity to comment, issue a comprehensive review of the program
    24  established pursuant to this section. The  commission  shall  determine,
    25  among  other matters: (a) progress of each electric distribution company
    26  in meeting its obligations established pursuant to  subdivision  two  of
    27  this  section  and  progress  in  meeting the overall annual targets for
    28  deployment of renewable energy systems; (b) the reasonableness  of  each
    29  electric distribution company's obligations; (c) distribution of systems
    30  by size and load zone; and (d) annual incentive commitments and expendi-
    31  tures.  The  commission  shall evaluate the reasonableness of the future
    32  annual targets established pursuant to paragraph (b) of subdivision  two
    33  of  this  section  and  determine  whether  the annual targets should be
    34  accelerated, increased or extended. The commission shall also review the
    35  incentive structures and electric distribution companies' program  plans
    36  and make adjustments as necessary in a manner that is cost-effective.
    37    4.  The  commission  may  suspend or terminate the program established
    38  under this section or suspend an electric distribution  company's  obli-
    39  gations  under such program provided that the commission, after conduct-
    40  ing a hearing as provided in section twenty of  this  chapter,  makes  a
    41  finding  that  the  program  impedes  the provision of safe and adequate
    42  electric service or that there is a significant increase in  arrears  or
    43  utility service disconnections that the commission determines is related
    44  to the program.
    45    5.  Every  contractor employed pursuant to this section, not otherwise
    46  required to pay laborers, workers or mechanics the  prevailing  rate  of
    47  wages  pursuant  to  article eight of the labor law, shall pay employees
    48  under contract for the development of renewable energy systems rated  at
    49  two  hundred  fifty  kilowatts  or  more,  a  wage  of not less than the
    50  prevailing rate of wages for  such  work  in  the  locality  where  such
    51  installation  occurs.  This requirement shall be in effect for the dura-
    52  tion of the receipt by the  contractor  of  the  incentives  established
    53  pursuant  to  this section and in no event shall such requirement extend
    54  beyond the availability of such incentives. Every contractor subject  to
    55  the  provisions  of  this  subdivision shall maintain payroll records in
    56  accordance with section two hundred twenty of the labor law.

        A. 10342                           14
 
     1    § 5. Section 1005 of the public authorities law is amended by adding a
     2  new subdivision 26 to read as follows:
     3    26. a. For the purposes of this subdivision, the following terms shall
     4  have the following meanings:
     5    (1)  "Prevailing  rate  of  wages" shall have the same meaning as such
     6  term is defined in paragraph  a  of  subdivision  five  of  section  two
     7  hundred twenty of the labor law; and
     8    (2) "Renewable energy systems" means systems that generate electricity
     9  or thermal energy through use of the following technologies: solar ther-
    10  mal, photovoltaics, wind, hydroelectric, geothermal electric, geothermal
    11  ground  source  heat, tidal energy, wave energy, ocean thermal, offshore
    12  wind and fuel cells which do not utilize a fossil fuel resource  in  the
    13  process of generating electricity.
    14    b.  As  deemed  feasible  and advisable by the trustees, no later than
    15  January first, two thousand seventeen, the authority shall  establish  a
    16  program  to  require  that  a  minimum  of fifty percent of the electric
    17  capacity served by the authority in two thousand thirty shall be  gener-
    18  ated  by  renewable energy systems.  The proposed program shall first be
    19  made available to the public, with notice and opportunity  for  comment,
    20  before final adoption by the authority's board of trustees.
    21    (1)  The  program  shall  achieve  the  following  incremental minimum
    22  percentage capacity levels of renewable energy systems:
    23    (i) twenty-seven percent by two thousand seventeen;
    24    (ii) thirty percent by two thousand twenty;
    25    (iii) forty percent by two thousand twenty-five; and
    26    (iv) fifty percent by two thousand thirty.
    27    (2) The program established by the authority shall be designed to: (i)
    28  be cost-effective; (ii) encourage the  deployment  of  renewable  energy
    29  systems  at  the  bulk electric system level and behind-the-meter; (iii)
    30  allow for diversity in the size and  geographic  location  of  renewable
    31  energy systems; (iv) enable the participation of residential and non-re-
    32  sidential  customers, including special consideration to low-to-moderate
    33  income customers; (v) ensure that renewable energy systems will be stra-
    34  tegically located to minimize  peak  load  in  constrained  areas;  (vi)
    35  support  electric system reliability and security; and (vii) achieve any
    36  other objectives the authority may establish.
    37    c. In developing incentives  for  the  program,  the  authority  shall
    38  consider  the  value  of renewable energy system components manufactured
    39  and assembled within the  state  and  any  other  considerations  deemed
    40  appropriate by the authority.
    41    d.  No  later  than  July  first, two thousand eighteen, and every two
    42  years thereafter, the authority shall, after notice  and  provision  for
    43  the  opportunity to comment, issue a comprehensive review of the program
    44  established pursuant to this subdivision. The authority shall determine,
    45  among other matters: (1) progress in meeting its minimum capacity levels
    46  for deployment of renewable energy systems; (2) distribution of  systems
    47  by size, and load zone; and (3) annual incentive commitments and expend-
    48  itures.  The  authority  shall evaluate the reasonableness of the future
    49  minimum capacity levels established  pursuant  to  subparagraph  one  of
    50  paragraph b of this subdivision and determine whether the minimum capac-
    51  ity  levels  should be accelerated, increased or extended. The authority
    52  shall also review the  incentive  structures  and  make  adjustments  as
    53  necessary in a manner that is cost-effective.
    54    e.  The  authority  may  suspend  or terminate the program established
    55  under this section after a finding that the program impedes the authori-

        A. 10342                           15
 
     1  ty's duty to obtain and maintain a continuous  and  adequate  supply  of
     2  dependable electric power and energy.
     3    f.  Every contractor employed pursuant to this subdivision, not other-
     4  wise required to pay laborers, workers or mechanics the prevailing  rate
     5  of wages pursuant to article eight of the labor law, shall pay employees
     6  under  contract for the development of renewable energy systems rated at
     7  two hundred fifty kilowatts or more a wage of not less than the prevail-
     8  ing rate of wages for such work in the locality where such  installation
     9  occurs.  This  requirement  shall  be  in effect for the duration of the
    10  receipt by the contractor of the incentives established pursuant to this
    11  subdivision and in no event shall such  requirement  extend  beyond  the
    12  availability  of  such  incentives.    Every  contractor  subject to the
    13  provisions of this paragraph shall maintain payroll records  in  accord-
    14  ance with section two hundred twenty of the labor law.
    15    §  6.  Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
    16  law, as renumbered by chapter 388 of the laws of  2011,  are  renumbered
    17  sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
    18  to read as follows:
    19    §  1020-ii. Establishment of a renewable energy program. 1. As used in
    20  this section:
    21    (a) "prevailing rate of wages" shall have the  same  meaning  as  such
    22  term  is  defined  in  paragraph  a  of  subdivision five of section two
    23  hundred twenty of the labor law; and
    24    (b) "renewable energy systems" means systems that generate electricity
    25  or thermal energy through use of the following technologies: solar ther-
    26  mal, photovoltaics, wind, hydroelectric, geothermal electric, geothermal
    27  ground source heat, tidal energy, wave energy, ocean  thermal,  offshore
    28  wind  and  fuel cells which do not utilize a fossil fuel resource in the
    29  process of generating electricity.
    30    2. No later than January first, two thousand seventeen, the  authority
    31  shall  establish a program to require that a minimum of fifty percent of
    32  the electric capacity served by the authority  in  two  thousand  thirty
    33  shall  be  generated  by  renewable energy systems. The proposed program
    34  shall first be made available to the public, with notice and opportunity
    35  for comment, before final adoption by the board.
    36    (a) The  program  shall  achieve  the  following  incremental  minimum
    37  percentage capacity levels of renewable energy systems:
    38    (i) twenty-seven percent by two thousand seventeen;
    39    (ii) thirty percent by two thousand twenty;
    40    (iii) forty percent by two thousand twenty-five; and
    41    (iv) fifty percent by two thousand thirty.
    42    (b) The program established by the authority shall be designed to: (i)
    43  be  cost-effective;  (ii)  encourage  the deployment of renewable energy
    44  systems at the bulk electric system level  and  behind-the-meter;  (iii)
    45  allow  for  diversity  in  the size and geographic location of renewable
    46  energy systems; (iv) enable the participation of residential and non-re-
    47  sidential customers, including special consideration to  low-to-moderate
    48  income customers; (v) ensure that renewable energy systems will be stra-
    49  tegically  located  to  minimize  peak  load  in constrained areas; (vi)
    50  support electric system reliability and security; and (vii) achieve  any
    51  other objectives the authority may establish.
    52    (c)  In  developing  incentives  for  the program, the authority shall
    53  consider the value of renewable energy  system  components  manufactured
    54  and  assembled  within  the  state  and  any other considerations deemed
    55  appropriate by the authority.

        A. 10342                           16
 
     1    3. No later than July first, two  thousand  eighteen,  and  every  two
     2  years  thereafter,  the  authority shall, after notice and provision for
     3  the opportunity to comment, issue a comprehensive review of the  program
     4  established  pursuant  to  this  section. The authority shall determine,
     5  among other matters: (a) progress in meeting its minimum capacity levels
     6  for  deployment of renewable energy systems; (b) distribution of systems
     7  by size and load zone; and (c) annual incentive commitments and expendi-
     8  tures. The authority shall evaluate the  reasonableness  of  the  future
     9  minimum  capacity levels established pursuant to paragraph (a) of subdi-
    10  vision two of this section and determine whether  the  minimum  capacity
    11  levels should be accelerated, increased or extended. The authority shall
    12  also  review  the incentive structures and make adjustments as necessary
    13  in a manner that is cost-effective.
    14    4. The authority may suspend  or  terminate  the  program  established
    15  under  this section after a finding that there is a significant increase
    16  in arrears or utility service disconnections that the  authority  deter-
    17  mines is related to the program or that the program impedes the authori-
    18  ty's  duty  to  obtain  and maintain a continuous and adequate supply of
    19  dependable electric power and energy.
    20    5. Every contractor employed pursuant to this section,  not  otherwise
    21  required  to  pay  laborers, workers or mechanics the prevailing rate of
    22  wages pursuant to article eight of the labor law,  shall  pay  employees
    23  under  contract for the development of renewable energy systems rated at
    24  two hundred fifty kilowatts or  more,  a  wage  of  not  less  than  the
    25  prevailing  rate  of  wages  for  such  work  in the locality where such
    26  installation occurs. This requirement shall be in effect for  the  dura-
    27  tion  of  the  receipt  by  the contractor of the incentives established
    28  pursuant to this section and in no event shall such  requirement  extend
    29  beyond  the availability of such incentives. Every contractor subject to
    30  the provisions of this subdivision shall  maintain  payroll  records  in
    31  accordance with section two hundred twenty of the labor law.
    32    §  7.  The labor law is amended by adding a new article 8-B to read as
    33  follows:
    34                                 ARTICLE 8-B
    35                LABOR AND JOB STANDARDS AND WORKER PROTECTION
    36  Section 228. Labor and job standards and worker protection.
    37    § 228. Labor and job standards and worker  protection.  1.  All  state
    38  agencies  involved in implementing the New York state climate and commu-
    39  nity protection act shall assess and implement  strategies  to  increase
    40  employment  opportunities  and  improve  job quality. Within one hundred
    41  twenty days of the effective date of this section, all  state  agencies,
    42  offices, authorities, and divisions shall report to the legislature on:
    43    a. steps they will take to ensure compliance with this section; and
    44    b.  regulations necessary to ensure that they prioritize the statewide
    45  goal of creating good jobs and increasing employment opportunities.
    46    2.  In  considering  and  issuing  permits,   licenses,   regulations,
    47  contracts,  and other administrative approvals and decisions pursuant to
    48  the New York state climate and community protection act, all state agen-
    49  cies, offices, authorities, and  divisions  shall  apply  the  following
    50  labor,  training,  and  job  quality  standards to the following project
    51  types: public work; projects in receipt of more than one  hundred  thou-
    52  sand  dollars in total financial assistance; or to projects with a total
    53  value of more than ten million dollars; and privately-financed  projects
    54  on public property.
    55    a.  the  payment of no less than prevailing wages for all employees in
    56  construction and building, consistent with article  eight  of  the  this

        A. 10342                           17

     1  chapter,  and  building  services,  consistent with article nine of this
     2  chapter;
     3    b.  the inclusion of contract language requiring contractors to estab-
     4  lish labor harmony policies; dispute resolution  mechanisms;  prevailing
     5  wage   compliance;   safety  policies;  workers  compensation  insurance
     6  (including review of contractor experience rating  and  other  factors);
     7  and  apprenticeship program appropriate for crafts employed. Procurement
     8  rules should encourage bundling  of  small  contracts  and  projects  to
     9  improve the efficiency of compliance;
    10    c. apprenticeship utilization:
    11    i.  that  all  contractors  and  subcontractors,  including those that
    12  participate in power purchase agreements, energy performance  contracts,
    13  or other similar programs, participate in apprenticeship programs in the
    14  trades in which they are performing work;
    15    ii.  maximum  use  of  apprentices as per department of labor approved
    16  ratios;
    17    iii. encouragement of affiliated pre-apprentice direct entry programs,
    18  including but not limited to EJM Construction  Skills;  NYC  Helmets  to
    19  Hardhats, and Nontraditional Employment for Women (NEW) for the recruit-
    20  ment of local and/or disadvantaged workers;
    21    iv.  existing  workforce  development programs, including those at the
    22  New York state energy research and development authority, should be made
    23  to conform to these standards.
    24    3. The commissioner, the fiscal officer and  other  relevant  agencies
    25  shall  promulgate  such  regulations  as  are necessary to implement and
    26  administer compliance with the provisions of this section.  The  depart-
    27  ment  and  the  fiscal officer shall coordinate with organized labor and
    28  local and county level  governments  to  implement  a  system  to  track
    29  compliance, accept reports of non-compliance for enforcement action, and
    30  report  annually  on  the adoption of these standards to the legislature
    31  starting one year from the effective date of this section.
    32    a. For the purposes of this section, "fiscal officer" shall  mean  the
    33  industrial  commissioner,  except  for construction and building service
    34  work performed by or on behalf of a city, in which case "fiscal officer"
    35  shall mean the comptroller or other analogous officer of such city.
    36    b. The provisions of  the  contract  by  the  recipient  of  financial
    37  assistance  pertaining  to  prevailing  wages  are  to  be  considered a
    38  contract for the benefit of construction and building  service  workers,
    39  upon  which such workers shall have the right to maintain action for the
    40  difference between the prevailing wage rate of pay, benefits,  and  paid
    41  leave  and  the rates of pay, benefits, and paid leave actually received
    42  by them, and including attorney's fees.
    43    c. i. Where a recipient of  financial  assistance  contracts  building
    44  service work to a building service contractor, the contractor is held to
    45  the  same obligations with respect to prevailing wages as the recipient.
    46  The recipient must include terms establishing this obligation within any
    47  contract signed with a contractor.
    48    ii.  Where  a  recipient  of  financial   assistance   contracts   for
    49  construction,  excavation,  demolition,  rehabilitation,  repair,  reno-
    50  vation, alteration or improvement to a subcontractor, the  subcontractor
    51  is  held to the same obligations with respect to prevailing wages as the
    52  recipient. The recipient must include terms establishing this obligation
    53  within any contract signed with a subcontractor.
    54    4. For the purposes of this section "financial assistance"  means  any
    55  provision  of  public  funds  to any person, individual, proprietorship,
    56  partnership, joint  venture,  corporation,  limited  liability  company,

        A. 10342                           18
 
     1  trust,  association,  organization, or other entity that receives finan-
     2  cial assistance, or any assignee or successor in interest of real  prop-
     3  erty  improved  or  developed  with  financial  assistance, for economic
     4  development within the state, including but not limited to cash payments
     5  or  grants,  bond financing, tax abatements or exemptions, including but
     6  not limited to abatements or exemptions  from  real  property,  mortgage
     7  recording,  sales, and use taxes, or the difference between any payments
     8  in lieu of taxes and the amount of real property  or  other  taxes  that
     9  would  have  been due if the property were not exempted from such taxes,
    10  tax increment financing, filing fee  waivers,  energy  cost  reductions,
    11  environmental  remediation  costs,  write-downs  in  the market value of
    12  buildings or land, or the cost of capital improvements related  to  real
    13  property  for  which  the  state  would  not  pay absent the development
    14  project, and includes both discretionary and as of right assistance. The
    15  provisions of this section shall only apply to projects  receiving  more
    16  than  one  hundred thousand dollars in total financial assistance, or to
    17  projects with a total project value of more than ten million dollars.
    18    5. The commissioner shall evaluate whether there are additional stand-
    19  ards that could be applied to increase wage and benefit standards or  to
    20  encourage a safe, well-trained, and adequately compensated workforce.
    21    6.  Nothing  set  forth  in this section shall be construed to impede,
    22  infringe, or diminish the rights and benefits which accrue to  employees
    23  through  bona fide collective bargaining agreements, or otherwise dimin-
    24  ish the integrity of the existing collective bargaining relationship.
    25    7. Nothing set forth in this section shall preclude a local government
    26  from setting additional standards that expand on these state-wide stand-
    27  ards.
    28    § 8. Report on barriers to, and opportunities for, community ownership
    29  of services and commodities  in  disadvantaged  communities.  1.  On  or
    30  before  two  years  of the effective date of this act, the department of
    31  environmental conservation, with input from relevant state agencies, the
    32  environmental justice advisory group as defined in  section  75-0101  of
    33  the  environmental conservation law, the disadvantaged communities work-
    34  ing group as defined in section 75-0113 of the  environmental  conserva-
    35  tion  law  and  Climate  Action Council established in article 75 of the
    36  environmental conservation law, and following at least two public  hear-
    37  ings,  shall  prepare  a  report  on barriers to, and opportunities for,
    38  access to or community ownership of the following services  and  commod-
    39  ities  in  disadvantaged  communities as identified in article 75 of the
    40  environmental conservation law:
    41    a. Distributed renewable energy generation.
    42    b. Energy efficiency and weatherization investments.
    43    c. Zero-emission and low-emission transportation options.
    44    d. Adaptation measures to improve the resilience of  homes  and  local
    45  infrastructure to the impacts of climate change including but not limit-
    46  ed to microgrids.
    47    e. Other services and infrastructure that can reduce the risks associ-
    48  ated with climate-related hazards, including but not limited to:
    49    i. Shelters and cool rooms during extreme heat events;
    50    ii. Shelters during flooding events; and
    51    iii.  Medical  treatment for asthma and other conditions that could be
    52  exacerbated by climate-related events.
    53    2. The report, which shall be submitted to the governor,  the  speaker
    54  of  the assembly and the temporary president of the senate and posted on
    55  the department of  environmental  conservation  website,  shall  include

        A. 10342                           19

     1  recommendations  on  how  to increase access to the services and commod-
     2  ities.
     3    3.  The department of environmental conservation shall amend the scop-
     4  ing plan for statewide greenhouse gas emissions reductions in accordance
     5  with the recommendations included in the report.
     6    § 9. Climate change actions by state agencies. 1. All  state  agencies
     7  shall  assess  and  implement  strategies to reduce their greenhouse gas
     8  emissions.
     9    2. In considering and issuing permits, licenses, and other administra-
    10  tive approvals and decisions, including but not limited to the execution
    11  of grants, loans, and contracts, all state agencies,  offices,  authori-
    12  ties, and divisions shall consider whether such decisions are inconsist-
    13  ent  with  or will interfere with the attainment of the statewide green-
    14  house  gas  emissions  limits  established  in   article   75   of   the
    15  environmental  conservation  law.  Where such decisions are deemed to be
    16  inconsistent with or will interfere with the attainment of the statewide
    17  greenhouse gas emissions limits,  each  agency,  office,  authority,  or
    18  division  shall, provide a detailed statement of justification as to why
    19  such limits/criteria may not be met, and, to the maximum extent  practi-
    20  cable, identify alternatives or greenhouse gas mitigation measures to be
    21  required where such project is located.
    22    3. In considering and issuing permits, licenses, and other administra-
    23  tive approvals and decisions, including but not limited to the execution
    24  of  grants, loans, and contracts, pursuant to article 75 of the environ-
    25  mental conservation law, all state agencies, offices,  authorities,  and
    26  divisions  shall not disproportionately burden disadvantaged communities
    27  as identified pursuant to subdivision 7 of section 75-0101 of the  envi-
    28  ronmental  conservation  law.  All state agencies, offices, authorities,
    29  and divisions shall also prioritize reductions of greenhouse  gas  emis-
    30  sions  and  co-pollutants  in  disadvantaged  communities  as identified
    31  pursuant to such subdivision 7 of section 75-0101 of  the  environmental
    32  conservation law.
    33    §  10. Authorization for other state agencies to promulgate greenhouse
    34  gas emissions regulations. 1. The public  service  commission,  the  New
    35  York  State energy research and development authority, the department of
    36  health, the department of transportation, the department of  state,  the
    37  department  of  economic  development, the department of agriculture and
    38  markets, the department of financial services,  the  office  of  general
    39  services,  the  division  of  housing  and community renewal, the public
    40  utility authorities established pursuant to  titles  1,  1-A,  1-B,  11,
    41  11-A, 11-B, 11-C and 11-D of article 5 of the public authorities law and
    42  any  other  state  agency  may  promulgate  regulations to contribute to
    43  achieving the statewide greenhouse gas emissions limits  established  in
    44  article 75 of the environmental conservation law. Provided, however, any
    45  such regulations shall not limit the department of environmental conser-
    46  vation's  authority  to  regulate  and  control greenhouse gas emissions
    47  pursuant to article 75 of the environmental conservation law.
    48    § 11. Chapter 355 of the laws of  2014,  constituting  the  "community
    49  risk and resiliency act", is amended by adding two new sections 17-a and
    50  17-b to read as follows:
    51    §  17-a.  The  department  of  environmental  conservation  shall take
    52  actions to promote adaptation and resilience, including:
    53    (a) actions to help state  agencies  and  other  entities  assess  the
    54  reasonably foreseeable risks of climate change on any proposed projects,
    55  taking  into account issues such as: sea level rise, tropical and extra-
    56  tropical cyclones, storm surges, flooding, wind, changes in average  and

        A. 10342                           20
 
     1  peak  temperatures,  changes  in  average and peak precipitation, public
     2  health impacts, and impacts on species and other natural resources.
     3    (b)  the  most  significant climate-related risks, taking into account
     4  the probability of occurrence, the magnitude of the potential harm,  and
     5  the uncertainty of the risk.
     6    (c) measures that could mitigate significant climate-related risks, as
     7  well as a cost-benefit analysis and implementation of such measures.
     8    § 17-b. Major permits for the regulatory programs of subdivision three
     9  of  section  70-0107 of the environmental conservation law shall require
    10  applicants to demonstrate that future physical  climate  risk  has  been
    11  considered. In reviewing such information the department may require the
    12  applicant  to mitigate significant risks to public infrastructure and/or
    13  services, private property not owned by the applicant,  adverse  impacts
    14  on  disadvantaged  communities, and/or natural resources in the vicinity
    15  of the project.
    16    § 12. Nothing in this act shall limit  the  existing  authority  of  a
    17  state  entity  to adopt and implement greenhouse gas emissions reduction
    18  measures.
    19    § 13. Nothing in this act shall relieve any person, entity, or  public
    20  agency of compliance with other applicable federal, state, or local laws
    21  or  regulations, including state air and water quality requirements, and
    22  other requirements for protecting public health or the environment.
    23    § 14. Severability. If any word, phrase, clause, sentence,  paragraph,
    24  section, or part of this act shall be adjudged by any court of competent
    25  jurisdiction  to be invalid, such judgement shall not affect, impair, or
    26  invalidate the remainder thereof, but shall be confined in its operation
    27  to the word, phrase, clause, sentence, paragraph, section, or part ther-
    28  eof directly involved in the controversy in which such  judgement  shall
    29  have been rendered.
    30    §  15.  This  act  shall  take effect on the same date and in the same
    31  manner as a chapter of the laws  of  2016,  amending  the  environmental
    32  conservation  law, in relation to establishing a permanent environmental
    33  justice advisory group and an environmental justice interagency  coordi-
    34  nating  council,  as  proposed  in  legislative bills numbers A.3063 and
    35  S.1525, takes effect; provided further, the provisions of section  seven
    36  of  this act shall take effect on the one hundred eightieth day after it
    37  shall have become a law and  shall  apply  to  any  grants,  loans,  and
    38  contracts  and  financial assistance awarded or renewed on or after such
    39  effective date.
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