STATE OF NEW YORK
June 3, 2016
Introduced by Sens. SAVINO, AVELLA, HOYLMAN -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
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.
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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
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
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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-
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;
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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
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
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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
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
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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
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;
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
55 § 75-0105. Greenhouse gas reporting.
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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
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
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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
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
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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
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.
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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;
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
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.
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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
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
S. 8005 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-
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
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-
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
S. 8005 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.
S. 8005 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-
S. 8005 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.
S. 8005 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
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
S. 8005 17
1 chapter, and building services, consistent with article nine of this
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
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,
S. 8005 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-
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
S. 8005 19
1 recommendations on how to increase access to the services and commod-
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
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
S. 8005 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
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.