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A05346 Summary:

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A05346 Floor Votes:

A05346 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5346--A
                                                                Cal. No. 182
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 16, 2011
                                       ___________
 
        Introduced  by  M. of A. SWEENEY, ORTIZ, WEISENBERG, COLTON, CYMBROWITZ,
          PEOPLES-STOKES, ZEBROWSKI, LUPARDO, JAFFEE, KAVANAGH, SCHIMEL, TITONE,
          GLICK, REILLY, LANCMAN, MILLMAN, GALEF, ENGLEBRIGHT, PAULIN, DINOWITZ,
          ROSENTHAL,  CAHILL,  GABRYSZAK,  FARRELL,  KELLNER,  LIFTON,   HEVESI,

          ABINANTI, P. RIVERA, MARKEY -- Multi-Sponsored by -- M. of A. BOYLAND,
          CASTELLI,  LATIMER,  LENTOL,  McENENY,  PERRY, THIELE -- read once and
          referred to the Committee on Environmental Conservation -- advanced to
          a third reading, amended and ordered reprinted, retaining its place on
          the order of third reading
 
        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 poses a serious threat
     2  to the economic well-being, public health, natural resources  and  envi-
     3  ronment  of  New  York.  The potential adverse impacts of global warming
     4  include the exacerbation of air quality problems,  a  reduction  in  the

     5  quality and supply of water to the state, a rise in sea levels resulting
     6  in the displacement of coastal businesses, residents and infrastructure,
     7  damage to marine ecosystems and the natural environment, and an increase
     8  in  the  incidences  of  infectious  diseases,  asthma,  and other human
     9  health-related problems.  Global warming will have  detrimental  effects
    10  on  some  of New York's largest industries, including agriculture, tour-
    11  ism, skiing, recreational and commercial fishing and forestry.
    12    The Intergovernmental Panel on Climate Change, awarded the 2007  Nobel
    13  Peace Prize, determined that burning coal, oil and gas has led to higher
    14  temperatures that are already impacting physical and biological systems.
    15  The  panel also projected temperatures would rise more rapidly if green-
    16  house gases are not abated. The panel concluded that reducing  emissions

    17  80  percent  below  current  emissions  by mid-century would prevent the
    18  worst impacts of global warming.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02916-04-2
        A. 5346--A                          2
 
     1    National and international actions are necessary to fully address  the
     2  issue  of  global  warming. Action taken by New York and other states to
     3  reduce emissions of greenhouse gases will have far-reaching  effects  by
     4  encouraging the federal government, and other countries to act including
     5  encouraging  the  development of sustainable, non-polluting technologies
     6  such as solar, wind, geothermal and ocean currents.

     7    § 2. Article 19 of the environmental conservation law  is  amended  by
     8  adding a new title 13 to read as follows:
     9                                  TITLE 13
    10                      GLOBAL WARMING POLLUTION CONTROL
 
    11  Section 19-1301. Short title.
    12          19-1303. Definitions.
    13          19-1305. Greenhouse gas reporting.
    14          19-1307. Greenhouse gas limits.
    15  § 19-1301. Short title.
    16    This title may be cited as the "Global warming pollution control act".
    17  § 19-1303. Definitions.
    18    When used in this title:
    19    1.  "Greenhouse  gas"  means  carbon  dioxide, methane, nitrous oxide,
    20  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other

    21  gas determined by the department to  be  a  significant  contributor  to
    22  global warming.
    23    2.  "Greenhouse  gas  emission source" means any source or category of
    24  sources of greenhouse gas emissions and shall include, but not be limit-
    25  ed to emissions:
    26    (a) associated with fossil fuels used in the state  by  entities  that
    27  are  manufacturers  and distributors of fossil fuels, including, but not
    28  limited to, oil refineries, oil  storage  facilities,  and  natural  gas
    29  pipelines;
    30    (b)  from any utility generating or delivering electricity consumed in
    31  the state, whether the electricity is generated in the state, or  gener-
    32  ated  outside  the state and imported into the state, and accounting for

    33  transmission and distribution line losses; and
    34    (c) from any additional  entities  that  are  emitters  of  greenhouse
    35  gases,  as  determined  by the department, and appropriate to enable the
    36  department to monitor compliance with the emissions  limits  for  green-
    37  house gases established pursuant to this title.
    38  § 19-1305. Greenhouse gas reporting.
    39    1.  No  later  than May 1, 2013, the department shall promulgate rules
    40  and regulations requiring annual greenhouse gas emissions reporting from
    41  greenhouse gas emission sources. The regulations shall:
    42    (a) include greenhouse gas emissions from all greenhouse gas  emission
    43  sources expressed in tons of carbon dioxide equivalents;

    44    (b)  ensure  rigorous  and  consistent  accounting  of  emissions, and
    45  provide reporting tools and formats to ensure  collection  of  necessary
    46  data; and
    47    (c)  ensure that each greenhouse gas emission source maintains compre-
    48  hensive emissions records of any greenhouse gas reported  for  at  least
    49  five years.
    50    2. The department shall:
    51    (a) periodically review and update its emission reporting requirements
    52  at least every five years; and
    53    (b) make reasonable efforts to make its reporting regulations consist-
    54  ent  with  international, federal and other states' greenhouse gas emis-
    55  sion reporting programs.
        A. 5346--A                          3
 

     1    3. No later than January 1, 2016, and every  three  years  thereafter,
     2  the department shall issue a report on:
     3    (a)  the annual greenhouse gas emissions from all greenhouse gas emis-
     4  sion sources, including the relative contribution of each greenhouse gas
     5  emission source to statewide greenhouse gas emissions; and
     6    (b) the progress made by the department in achieving the  requirements
     7  of section 19-1307 of this title.
     8  § 19-1307. Greenhouse gas limits.
     9    1. No later than January 1, 2015, the department, after a public hear-
    10  ing, shall promulgate rules and regulations setting an enforceable limit
    11  on  the  aggregate level of greenhouse gas emissions from all greenhouse

    12  gas emission sources provided; however, the aggregate limit shall not be
    13  greater than the aggregate level of greenhouse gas emissions for  calen-
    14  dar year 1990.
    15    2.  (a) On January 1, 2020 the limit established in subdivision one of
    16  this section shall be reduced by 20 percent.
    17    (b) On January 1, 2025 the limit established  in  subdivision  one  of
    18  this section shall be reduced by 30 percent.
    19    (c)  On  January  1,  2030 the limit established in subdivision one of
    20  this section shall be reduced by 40 percent.
    21    (d) On January 1, 2035 the limit established  in  subdivision  one  of
    22  this section shall be reduced by 50 percent.
    23    (e)  On  January  1,  2040 the limit established in subdivision one of

    24  this section shall be reduced by 60 percent.
    25    (f) On January 1, 2045 the limit established  in  subdivision  one  of
    26  this section shall be reduced by 70 percent.
    27    (g)  On  January  1,  2050,  and each year thereafter, the limit shall
    28  remain at 80 percent below the limit established in subdivision  one  of
    29  this section.
    30    3.  Any rule or regulation the commissioner adopts to comply with this
    31  section must:
    32    (a) 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    (b) be compatible with other emissions reductions programs; and

    37    (c) 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.