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A06072 Summary:

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A06072 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6072
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 11, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          global warming pollution control
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings.  Global  warming  and  the  resulting
     2  extreme weather events pose a serious threat to the economic well-being,
     3  public health, natural resources and environment of New York.
     4    Extreme  weather  events  have become increasingly common, with Super-
     5  storm Sandy, and hurricanes Lee and  Irene  providing  the  most  recent
     6  examples.    The potential adverse impacts of global warming include the
     7  exacerbation of air quality problems, a reduction  in  the  quality  and
     8  supply  of  fresh  water to the state, a rise in sea levels resulting in
     9  the displacement of coastal businesses,  residents  and  infrastructure,
    10  damage to marine ecosystems and the natural environment, and an increase
    11  in  the  incidences  of  infectious  diseases,  asthma,  and other human
    12  health-related problems.  Global warming will have  detrimental  effects
    13  on  some of New York's largest industries, including agriculture, fores-
    14  try, tourism, skiing, and recreational and commercial fishing.
    15    The Intergovernmental Panel on  Climate  Change,  which  received  the
    16  Nobel  Peace Prize, determined that burning coal, oil and gas has led to
    17  higher temperatures that are already impacting physical  and  biological
    18  systems.   The panel also projected temperatures would rise more rapidly
    19  if greenhouse gases are not abated. The panel  concluded  that  reducing
    20  emissions  80  percent  below  current  emissions  by  mid-century would
    21  prevent the worst impacts of global warming.
    22    Action taken by New York and  other  states  to  reduce  emissions  of
    23  greenhouse  gases  will  have  far-reaching  effects  by encouraging the
    24  federal government, and other countries to act including encouraging the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01941-02-5
        A. 6072                             2
 
     1  development of sustainable, non-polluting technologies  such  as  solar,
     2  wind, geothermal and ocean currents.
     3    §  2.  Article  19 of the environmental conservation law is amended by
     4  adding a new title 13 to read as follows:
     5                                  TITLE 13
     6                      GLOBAL WARMING POLLUTION CONTROL
 
     7  Section 19-1301. Definitions.
     8          19-1303. Greenhouse gas reporting.
     9          19-1305. Greenhouse gas limits.
    10  § 19-1301. Definitions.
    11    When used in this title:
    12    1. "Greenhouse gas" means  carbon  dioxide,  methane,  nitrous  oxide,
    13  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other
    14  gas  determined  by  the  department  to be a significant contributor to
    15  global warming.
    16    2. "Major greenhouse gas emission source" means any source or category
    17  of sources of greenhouse gas emissions, determined by the department  to
    18  be  capable  of  being  monitored for compliance, and shall at a minimum
    19  include emissions:
    20    (a) associated with fossil fuels used in the state  by  entities  that
    21  are  manufacturers,  producers  and/or  distributors  of  fossil  fuels,
    22  including, but not limited to, oil refineries, oil  storage  facilities,
    23  and natural gas pipelines;
    24    (b)  from any utility generating or delivering electricity consumed in
    25  the state, whether the electricity is generated in the state, or  gener-
    26  ated  outside  the state and imported into the state, and accounting for
    27  transmission and distribution line losses;
    28    (c) stationary sources permitted pursuant to section 19-0311  of  this
    29  article; and
    30    (d)  from  any  additional  entities  that  are emitters of greenhouse
    31  gases, as determined by the department.
    32  § 19-1303. Greenhouse gas reporting.
    33    1. No later than May 1, 2016, the department  shall  promulgate  rules
    34  and regulations requiring annual greenhouse gas emissions reporting from
    35  major greenhouse gas emission sources. The regulations shall:
    36    (a)  include  greenhouse  gas  emissions from all major greenhouse gas
    37  emission sources expressed in tons of carbon dioxide equivalents;
    38    (b) ensure  rigorous  and  consistent  accounting  of  emissions,  and
    39  provide  reporting  tools  and formats to ensure collection of necessary
    40  data; and
    41    (c) ensure that each major greenhouse gas  emission  source  maintains
    42  comprehensive  emissions  records  of any greenhouse gas reported for at
    43  least five years.
    44    2. The department shall:
    45    (a) periodically review and update its emission reporting requirements
    46  at least every five years; and
    47    (b) make reasonable efforts to make its reporting regulations consist-
    48  ent with international, federal and other states' greenhouse  gas  emis-
    49  sion reporting programs.
    50    (c)  provide compliance assistance to small businesses pursuant to the
    51  provisions of sections 19-0313 and 19-0315 of this article.
    52    3. No later than January 1, 2019, and every  three  years  thereafter,
    53  the department shall issue a report on:
    54    (a)  the annual greenhouse gas emissions from all major greenhouse gas
    55  emission sources, including the  relative  contribution  of  each  major
        A. 6072                             3
 
     1  greenhouse  gas  emission  source to statewide greenhouse gas emissions;
     2  and
     3    (b)  the progress made by the department in achieving the requirements
     4  of section 19-1305 of this title.
     5  § 19-1305. Greenhouse gas limits.
     6    1. No later than January 1, 2017, the department, after a public hear-
     7  ing, and consultation with representatives of business interests, commu-
     8  nity organizations, environmental  groups,  municipal  corporations  and
     9  other  stakeholders,  shall  promulgate rules and regulations setting an
    10  enforceable limit on the aggregate level  of  greenhouse  gas  emissions
    11  from  all  greenhouse gas emission sources provided, however, the aggre-
    12  gate limit shall not be greater than the aggregate level  of  greenhouse
    13  gas emissions for calendar year 1990.
    14    2.  (a) On January 1, 2020 the limit established in subdivision one of
    15  this section shall be reduced by 20 percent.
    16    (b) On January 1, 2025 the limit established  in  subdivision  one  of
    17  this section shall be reduced by 30 percent.
    18    (c)  On  January  1,  2030 the limit established in subdivision one of
    19  this section shall be reduced by 40 percent.
    20    (d) On January 1, 2035 the limit established  in  subdivision  one  of
    21  this section shall be reduced by 50 percent.
    22    (e)  On  January  1,  2040 the limit established in subdivision one of
    23  this section shall be reduced by 60 percent.
    24    (f) On January 1, 2045 the limit established  in  subdivision  one  of
    25  this section shall be reduced by 70 percent.
    26    (g)  On  January  1,  2050,  and each year thereafter, the limit shall
    27  remain at 80 percent below the limit established in subdivision  one  of
    28  this section.
    29    3.  Any rule or regulation the commissioner adopts to comply with this
    30  section must:
    31    (a) initially focus upon ensuring state facility compliance;
    32    (b) not place or increase an additional environmental or health burden
    33  on  a community that has a significant level of  regulated  air  contam-
    34  inant  source emissions within the community as compared with the county
    35  average;
    36    (c) be compatible with other emissions reductions programs; and
    37    (d) include a plan to the extent practicable to address adaptation  to
    38  climate  change  including  but  not  limited to terrestrial and aquatic
    39  habitats, plants and  animal  species,  connectivity  of  habitats,  and
    40  ecosystem  services  provided  by  natural  resources  including but not
    41  limited to flood control and drinking water supply.
    42    § 3. This act shall take effect immediately.