This bill has been amended

Bill S1526-2009

Relates to greenhouse gas pollution control

Relates to greenhouse emissions; establishes greenhouse gas limits and a greenhouse gas reporting system.

Details

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  • Feb 2, 2009: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

 BILL NUMBER:  S1526

TITLE OF BILL : An act to amend the environmental conservation law, in relation to greenhouse gas pollution control

PURPOSE : This bill directs the Department of Environmental Conservation (DEC) to establish a statewide greenhouse gas emissions limit from all sources and requires that the limit would not be greater than statewide emissions for the year 2000. The bill also requires that the statewide limit would be reduced by 2.3 percent per year, until overall emissions reach 80 percent below the 2000 level. In addition, the legislation directs the DEC to promulgate regulations requiring annual greenhouse gas emissions reporting by May 1, 2009.

SUMMARY OF PROVISIONS : This bill would:

*define greenhouse gas to include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, sulfur hexafluroide, and any other gas determined by the DEC to be a significant contributor to global warming;

*direct the DEC to promulgate rules and regulations, by May 1, 2009, requiring annual greenhouse gas emissions reporting from greenhouse gas emission sources;

*require the DEC to issue a report on the annual greenhouse gas emissions and the progress made in achieving reduction efforts;

*direct the DEC, after a public hearing, to promulgate rules and regulations establishing a limit on greenhouse gas emissions;

*require the emissions limit to:

* be less than the aggregate level of emissions for 2000;

* decrease by 2.3 percent each year beginning in 2015; and,

* be less than 80 percent of the initial limit by 2050

* prohibit the department from adopting a regulation that would place or increase an additional environmental or health burden on a community that has a higher level of regulated air contaminant source emissions within the community as compared with the county average

JUSTIFICATION : The Intergovernmental Panel on Climate Change, awarded the 2007 Nobel Peace Prize, determined that burning coal, oil and gas has led to higher global temperatures that are already impacting physical and biological systems. The panel also projected global temperatures would rise more rapidly if greenhouse gases are not abated. The panel concluded that reducing emissions 80 percent below current emissions by mid-century would prevent the worst impacts of climate change.

The impact of such climate change poses a potential threat to the economic well-being, public health, natural resources and environment of New York. The potential adverse impacts of climate change include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state, a rise in sea levels which could potentially impact coastal businesses, residents and infrastructure, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. National and international actions are necessary to fully address the threat of climate change. Action taken by New York and other states to reduce emissions of greenhouse gases will have far-reaching effects by encouraging the federal government, and other countries to act including encouraging the development of sustainable, nonpolluting technologies such as solar, wind, geothermal and ocean currents.

LEGISLATIVE HISTORY : S.8390 of 2008 Referred to Rules

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 1526 2009-2010 Regular Sessions IN SENATE February 2, 2009 ___________
Introduced by Sens. MORAHAN, FUSCHILLO, HANNON, LAVALLE -- 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 greenhouse gas pollution control THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The Intergovernmental Panel on Climate Change, awarded the 2007 Nobel Peace Prize, determined that burning coal, oil and gas has led to higher temperatures that are already impacting physical and biological systems. The panel also projected global temperatures would rise more rapidly if greenhouse gases are not abated. The panel concluded that reducing emissions 80 percent below current emissions by mid-century would prevent the worst impacts of climate change. The impact of such climate change poses a serious threat to the economic well-being, public health, natural resources and environment of New York. The potential adverse impacts of climate change include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state, a rise in sea levels which could poten- tially impact coastal businesses, residents and infrastructure, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-relat- ed problems. National and international actions are necessary to fully address the threat of climate change. Action taken by New York and other states to reduce emissions of greenhouse gases will have far-reaching effects by encouraging the federal government, and other countries to act including encouraging the development of sustainable, non-polluting technologies such as solar, wind, geothermal and ocean currents.
S 2. Article 19 of the environmental conservation law is amended by adding a new title 13 to read as follows: TITLE 13 GREENHOUSE GAS POLLUTION CONTROL SECTION 19-1301. SHORT TITLE. 19-1303. DEFINITIONS. 19-1305. GREENHOUSE GAS REPORTING. 19-1307. GREENHOUSE GAS LIMITS. S 19-1301. SHORT TITLE. THIS TITLE MAY BE CITED AS THE "GREENHOUSE GAS POLLUTION CONTROL ACT". S 19-1303. DEFINITIONS. WHEN USED IN THIS TITLE: 1. "GREENHOUSE GAS" MEANS CARBON DIOXIDE, METHANE, NITROUS OXIDE, HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER GAS DETERMINED BY THE DEPARTMENT TO BE A SIGNIFICANT CONTRIBUTOR TO CLIMATE CHANGE. 2. "GREENHOUSE GAS EMISSION SOURCE" MEANS ANY SOURCE OR CATEGORY OF SOURCES OF GREENHOUSE GAS EMISSIONS AND SHALL INCLUDE, BUT NOT BE LIMIT- ED TO EMISSIONS: (A) ASSOCIATED WITH FOSSIL FUELS USED IN THE STATE BY ENTITIES THAT ARE MANUFACTURERS AND DISTRIBUTORS OF FOSSIL FUELS, INCLUDING, BUT NOT LIMITED TO, OIL REFINERIES, OIL STORAGE FACILITIES, AND NATURAL GAS PIPELINES; (B) FROM ANY UTILITY GENERATING OR DELIVERING ELECTRICITY CONSUMED IN THE STATE, WHETHER THE ELECTRICITY IS GENERATED IN THE STATE, OR GENER- ATED OUTSIDE THE STATE AND IMPORTED INTO THE STATE, AND ACCOUNTING FOR TRANSMISSION AND DISTRIBUTION LINE LOSSES; AND (C) FROM ANY ADDITIONAL ENTITIES THAT ARE EMITTERS OF GREENHOUSE GASES, AS DETERMINED BY THE DEPARTMENT, AND APPROPRIATE TO ENABLE THE DEPARTMENT TO MONITOR COMPLIANCE WITH THE EMISSIONS LIMITS FOR GREEN- HOUSE GASES ESTABLISHED PURSUANT TO THIS TITLE. S 19-1305. GREENHOUSE GAS REPORTING. 1. NO LATER THAN MAY 1, 2010, THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS REQUIRING ANNUAL GREENHOUSE GAS EMISSIONS REPORTING FROM GREENHOUSE GAS EMISSION SOURCES. THE REGULATIONS SHALL: (A) INCLUDE GREENHOUSE GAS EMISSIONS FROM ALL GREENHOUSE GAS EMISSION SOURCES EXPRESSED IN TONS OF CARBON DIOXIDE EQUIVALENTS; (B) ENSURE RIGOROUS AND CONSISTENT ACCOUNTING OF EMISSIONS, AND PROVIDE REPORTING TOOLS AND FORMATS TO ENSURE COLLECTION OF NECESSARY DATA; AND (C) ENSURE THAT EACH GREENHOUSE GAS EMISSION SOURCE MAINTAINS COMPRE- HENSIVE EMISSIONS RECORDS OF ANY GREENHOUSE GAS REPORTED FOR AT LEAST FIVE YEARS. 2. THE DEPARTMENT SHALL: (A) PERIODICALLY REVIEW AND UPDATE ITS EMISSION REPORTING REQUIREMENTS AT LEAST EVERY FIVE YEARS; AND (B) MAKE REASONABLE EFFORTS TO MAKE ITS REPORTING REGULATIONS CONSIST- ENT WITH INTERNATIONAL, FEDERAL AND OTHER STATES' GREENHOUSE GAS EMIS- SION REPORTING PROGRAMS. 3. NO LATER THAN JANUARY 1, 2012, AND EVERY YEAR THEREAFTER, THE DEPARTMENT SHALL ISSUE A REPORT ON: (A) THE ANNUAL GREENHOUSE GAS EMISSIONS FROM ALL GREENHOUSE GAS EMIS- SION SOURCES, INCLUDING THE RELATIVE CONTRIBUTION OF EACH GREENHOUSE GAS EMISSION SOURCE TO STATEWIDE GREENHOUSE GAS EMISSIONS; AND
(B) THE PROGRESS MADE BY THE DEPARTMENT IN ACHIEVING THE REQUIREMENTS OF SECTION 19-1307 OF THIS TITLE. S 19-1307. GREENHOUSE GAS LIMITS. 1. NO LATER THAN JANUARY 1, 2015, THE DEPARTMENT, AFTER A PUBLIC HEAR- ING, SHALL PROMULGATE RULES AND REGULATIONS SETTING AN ENFORCEABLE LIMIT ON THE AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FROM ALL GREENHOUSE GAS EMISSION SOURCES PROVIDED; HOWEVER, THE AGGREGATE LIMIT SHALL NOT BE GREATER THAN THE AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FOR CALEN- DAR YEAR 2000. 2. ON JANUARY 1, 2016 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION SHALL BE REDUCED BY 2.3 PERCENT. EVERY YEAR ON JANUARY FIRST THEREAFTER, THE LIMIT OF THE PREVIOUS YEAR SHALL BE REDUCED BY AN ADDI- TIONAL 2.3 PERCENT OF THE LIMIT ORIGINALLY ESTABLISHED BY SUBDIVISION ONE OF THIS SECTION. 3. ON JANUARY 1, 2051, AND EACH YEAR THEREAFTER, THE LIMIT SHALL REMAIN AT EIGHTY PERCENT BELOW THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION. 4. ANY RULE OR REGULATION THE COMMISSIONER ADOPTS TO COMPLY WITH THIS SECTION MUST: (A) NOT PLACE OR INCREASE AN ADDITIONAL ENVIRONMENTAL OR HEALTH BURDEN ON A COMMUNITY THAT HAS A SIGNIFICANT LEVEL OF REGULATED AIR CONTAM- INANT SOURCE EMISSIONS WITHIN THE COMMUNITY AS COMPARED WITH THE COUNTY AVERAGE; AND (B) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS. S 3. This act shall take effect immediately.

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