STATE OF NEW YORK
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35
2017-2018 Regular Sessions
IN SENATE(Prefiled)
January 4, 2017
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Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed 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.
LBD04378-01-7
S. 35 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, 2018, 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, 2021, 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
S. 35 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, 2019, 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, 2022 the limit established in subdivision one of
15 this section shall be reduced by 20 percent.
16 (b) On January 1, 2027 the limit established in subdivision one of
17 this section shall be reduced by 30 percent.
18 (c) On January 1, 2032 the limit established in subdivision one of
19 this section shall be reduced by 40 percent.
20 (d) On January 1, 2037 the limit established in subdivision one of
21 this section shall be reduced by 50 percent.
22 (e) On January 1, 2042 the limit established in subdivision one of
23 this section shall be reduced by 60 percent.
24 (f) On January 1, 2047 the limit established in subdivision one of
25 this section shall be reduced by 70 percent.
26 (g) On January 1, 2052, 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.
