S2742-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Dec 21, 2011: PRINT NUMBER 2742B
• Dec 21, 2011: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• May 2, 2011: PRINT NUMBER 2742A
• May 2, 2011: AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Jan 31, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S2742-2011 Memo

BILL NUMBER:S2742

TITLE OF BILL:
An act
to amend the environmental conservation law and the executive law,
in relation to global warming pollution control

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to
require the Department of Environmental Conservation (DEC) to
promulgate rules and regulations establishing limits on greenhouse
gas emissions.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

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

o authorize the DEC to promulgate rules and regulations, by May
1, 2011, requiring annual greenhouse gas emission reporting from
greenhouse gas emission sources;

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

o require 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 1990; decrease by an additional twenty percent by 2020 and forty
percent by 2030;

o decrease by a percentage recommended by the climate action council
and established by the Governor and legislature in 2040; and be less
than 80 percent of the initial limit by 2050;

o prohibit the DEC 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;

o require the DEC to include a plan to address adaptation to climate
change; and,

o codifies Executive Order
24 creating a climate action council
and requiring the development of a climate action plan that is to be
updated every five years.

JUSTIFICATION:

Global warming will have detrimental effects on the economic
well-being, public health, natural resources and the environment. The
Intergovernmental Panel on Climate Change, awarded the


2007 Nobel Peace Prize, projected that 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 global warming. This legislation
seeks to accomplish that goal and at the same time provide
opportunity for public involvement and input into the regulatory
process in order to ensure that the resulting emission limits do not
impose undue environmental or economic hardship. Seven other states
have adopted laws to establish greenhouse gas emission standards.

PRIOR LEGISLATIVE HISTORY:
2010: 2009: S.4315-C Thompson - Finance
2009: S.4315-A Thompson - Finance A.7572-A Sweeney - Passed the Assembly
2008: S.8100 Thompson - Environmental Conservation A.10302
Sweeney - Passed the Assembly

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately.

S2742-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2742
 2011-2012 Regular Sessions
 I N  SENATE
 January 31, 2011
 
 Introduced  by  Sen.  AVELLA -- 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  and  the  executive
 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:

 

Section 1. Legislative findings. Global warming poses a serious threat
 to the economic well-being, public health, natural resources  and  envi
 ronment  of  New  York.  The potential adverse impacts of global warming
 include the exacerbation of air quality problems,  a  reduction  in  the
 quality and supply of water to the state, a rise in sea levels resulting
 in the displacement of 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.  Global warming will have  detrimental  effects
 on  some  of New York's largest industries, including agriculture, tour
 ism, skiing, recreational and commercial fishing and forestry.
 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 temperatures would rise more rapidly if green
 house gases are not abated. The panel concluded that reducing  emissions
 80  percent  below  current  emissions  by mid-century would prevent the
 worst impacts of global warming.
 National and international actions are necessary to fully address  the
 issue  of  global  warming. 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.    New  York  state
 needs  to continue its leadership in addressing global warming; building
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04318-01-1
 
       S. 2742                             2
 on the progress gained by creating the regional  greenhouse  gas  initi
 ative. The legislature recognizes the steps taken by the state in moving
 forward  on  the  Renewable  Portfolio Standard (RPS) to generate thirty
 percent  of  our energy needs from renewable sources by 2015, the energy
 efficiency portfolio  standard  to  reduce  electric  usage  by  fifteen
 percent by 2015, and the work of the state climate action plan to reduce
 our greenhouse gas emissions.
 

S  2.  Article  19 of the environmental conservation law is amended by
 adding a new title 13 to read as follows:

 TITLE 13
 GLOBAL WARMING 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 "GLOBAL WARMING 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
 GLOBAL WARMING.
 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;
 (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 SIGNIFICANT EMITTERS OF
 GREENHOUSE GASES, AS DETERMINED BY THE DEPARTMENT,  AND  APPROPRIATE  TO
 ENABLE  THE  DEPARTMENT  TO MONITOR COMPLIANCE WITH THE EMISSIONS LIMITS
 FOR GREENHOUSE GASES ESTABLISHED PURSUANT TO THIS TITLE.
 

S 19-1305. GREENHOUSE GAS REPORTING.
 1. NO LATER THAN MAY FIRST, TWO THOUSAND TWELVE, THE DEPARTMENT  SHALL
 PROMULGATE  RULES  AND REGULATIONS REQUIRING ANNUAL GREENHOUSE GAS EMIS
 SIONS 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;
 (C) ENSURE THAT EACH GREENHOUSE GAS EMISSION SOURCE MAINTAINS  COMPRE
 HENSIVE  EMISSIONS  RECORDS  OF ANY GREENHOUSE GAS REPORTED FOR AT LEAST
 THREE YEARS; AND
 (D) NOT REQUIRE THE REPORTING OF GREENHOUSE GAS EMISSIONS  FROM  AGRI
 CULTURAL  SOURCES  THAT  ARE EXEMPT FROM ENVIRONMENTAL PROTECTION AGENCY
 REPORTING REQUIREMENTS UNDER RULE 40 CFR 98.
 2. THE DEPARTMENT SHALL:

 (A) PERIODICALLY REVIEW AND UPDATE ITS EMISSION REPORTING REQUIREMENTS
 AT LEAST EVERY FIVE YEARS; AND
 
       S. 2742                             3
 (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 FIRST, TWO THOUSAND FOURTEEN, AND EVERY THREE
 YEARS THEREAFTER, THE DEPARTMENT SHALL ISSUE A REPORT ON:

 (A)  THE  ANNUAL  GREENHOUSE GAS EMISSIONS FROM ALL SIGNIFICANT GREEN
 HOUSE GAS EMISSION SOURCES, INCLUDING THE RELATIVE CONTRIBUTION OF  EACH
 GREENHOUSE  GAS  EMISSION  SOURCE TO STATEWIDE GREENHOUSE GAS EMISSIONS;
 AND
 (B) THE PROGRESS MADE BY THE STATE IN ACHIEVING  THE  REQUIREMENTS  OF
 SECTION 19-1307 OF THIS TITLE.
 

S 19-1307. GREENHOUSE GAS LIMITS.
 1. NO LATER THAN JANUARY FIRST, TWO THOUSAND FOURTEEN, THE DEPARTMENT,
 AFTER PUBLIC HEARINGS, SHALL PROMULGATE RULES AND REGULATIONS SETTING AN
 ENFORCEABLE  LIMIT  ON  THE  AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS
 FROM ALL GREENHOUSE GAS EMISSION SOURCES AS ESTABLISHED BY THE NEW  YORK
 STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY'S NEW YORK STATE ECONO
 MY-WIDE GREENHOUSE GAS  EMISSIONS  INVENTORY  WHICH  SHALL  ANNUALLY  BE
 UPDATED AND MADE PUBLIC, PROVIDED, HOWEVER, THE AGGREGATE LIMIT SHALL BE
 EQUIVALENT TO THE AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FOR CALEN
 DAR YEAR NINETEEN HUNDRED NINETY.
 2. (A) ON JANUARY FIRST, TWO THOUSAND TWENTY-ONE THE LIMIT ESTABLISHED
 IN SUBDIVISION ONE OF THIS SECTION SHALL BE REDUCED BY TWENTY PERCENT.
 (B) ON JANUARY FIRST, TWO THOUSAND THIRTY-ONE THE LIMIT ESTABLISHED IN
 SUBDIVISION ONE OF THIS SECTION SHALL BE REDUCED BY FORTY PERCENT.
 (C)  NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTY-ONE, THE DEPART
 MENT, BASED ON FINDINGS FROM THE CLIMATE ACTION COUNCIL AND  SUBJECT  TO
 PUBLIC  HEARINGS,  SHALL  MAKE  A RECOMMENDATION TO THE GOVERNOR AND THE
 LEGISLATURE TO ENACT A LAW SETTING AN ENFORCEABLE LIMIT ON THE AGGREGATE
 LEVEL OF GREENHOUSE GAS  EMISSIONS  FROM  ALL  GREENHOUSE  GAS  EMISSION
 SOURCES  TO BE ESTABLISHED ON JANUARY FIRST, TWO THOUSAND FORTY-ONE THAT
 MAXIMIZES THE ABILITY OF THE STATE TO MEET THE STATEWIDE EMISSION  LIMIT
 STATED IN PARAGRAPH (D) OF THIS SUBDIVISION.
 (D)  ON JANUARY FIRST, TWO THOUSAND FIFTY-ONE, AND EACH YEAR THEREAFT
 ER, THE LIMIT SHALL REMAIN AT 80 PERCENT BELOW THE LIMIT ESTABLISHED  IN
 SUBDIVISION ONE OF THIS SECTION.
 3.  ANY RULE OR REGULATION THE COMMISSIONER ADOPTS TO COMPLY WITH THIS
 SECTION AND TO IMPLEMENT THE CLIMATE ACTION PLAN CREATED BY THE  CLIMATE
 ACTION  COUNCIL  PURSUANT  TO  ARTICLE TWENTY-ONE-C OF THE EXECUTIVE LAW
 MUST:

 (A) BE ADOPTED IN AN OPEN PUBLIC PROCESS;
 (B) ACHIEVE EMISSION REDUCTIONS FROM SOURCES IN A MANNER THAT IS EQUI
 TABLE, SEEKS TO MINIMIZE COSTS AND MAXIMIZE THE TOTAL  BENEFITS  TO  THE
 STATE, AND ENCOURAGE EARLY ACTION TO REDUCE GREENHOUSE GAS EMISSIONS;
 (C)  CONSIDER OVERALL SOCIETAL BENEFITS, INCLUDING REDUCTIONS IN OTHER
 AIR POLLUTANTS, DIVERSIFICATION OF ENERGY SOURCE, AND OTHER BENEFITS  TO
 THE ECONOMY, ENVIRONMENT, AND PUBLIC HEALTH;
 (D)  CONSIDER  THE  SIGNIFICANCE OF THE CONTRIBUTION OF EACH SOURCE OR
 CATEGORY OF SOURCES TO STATEWIDE EMISSIONS OF GREENHOUSE GASES;
 (E) CONSIDER UTILIZING APPROACHES WHICH ARE DESIGNED  TO  AVOID  UNDUE
 DELETERIOUS  ECONOMIC  EFFECTS OR OVERLY BURDENSOME IMPACTS UPON PERSONS
 DIRECTLY OR INDIRECTLY AFFECTED BY THE RULE OR REGULATION  OR  UPON  THE
 ECONOMY OR ADMINISTRATION OF STATE OR LOCAL GOVERNMENT AGENCIES;
 (F) NOT PLACE OR INCREASE AN ADDITIONAL ENVIRONMENTAL OR HEALTH BURDEN
 ON A COMMUNITY THAT HAS A SIGNIFICANT LEVEL OF REGULATED AIR CONTAMINANT
 
       S. 2742                             4
 SOURCE  EMISSIONS WITHIN THE COMMUNITY AS COMPARED WITH THE COUNTY AVER
 AGE;
 (G) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS; AND
 (H)  INCLUDE A PLAN TO THE EXTENT PRACTICABLE TO ADDRESS ADAPTATION TO
 CLIMATE CHANGE INCLUDING BUT NOT  LIMITED  TO  TERRESTRIAL  AND  AQUATIC
 HABITATS,  PLANTS  AND  ANIMAL  SPECIES,  CONNECTIVITY  OF HABITATS, AND
 ECOSYSTEM SERVICES PROVIDED  BY  NATURAL  RESOURCES  INCLUDING  BUT  NOT
 LIMITED TO FLOOD CONTROL AND DRINKING WATER SUPPLY;
 (I)  TAKE INTO ACCOUNT ACTIONS TAKEN BY ENTITIES THAT HAVE VOLUNTARILY
 AND NOT UNDER REQUIREMENTS  OF  OTHER  STATE  GREENHOUSE  GAS  REDUCTION
 PROGRAMS,  REDUCED THEIR GREENHOUSE GAS EMISSIONS PRIOR TO THE IMPLEMEN
 TATION OF THIS TITLE RECEIVE  APPROPRIATE  CREDIT  FOR  EARLY  VOLUNTARY
 REDUCTIONS.
 

S 3. The executive law is amended by adding a new article 21-C to read
 as follows:

 ARTICLE 21-C
 CLIMATE ACTION COUNCIL
 SECTION 615. LEGISLATIVE INTENT.
 616. CLIMATE ACTION COUNCIL; CREATION; MEMBERSHIP.
 617. GENERAL FUNCTIONS; POWERS AND DUTIES.
 

S  615.  LEGISLATIVE INTENT.  IT SHALL BE THE GOAL OF THE STATE OF NEW
 YORK TO REDUCE CURRENT GREENHOUSE GAS EMISSIONS FROM ALL SOURCES  WITHIN
 THE  STATE  EIGHTY  PERCENT  BELOW  LEVELS  EMITTED IN THE YEAR NINETEEN
 HUNDRED NINETY BY THE YEAR TWO THOUSAND  FIFTY-ONE.  TO  THAT  END,  THE
 CLIMATE ACTION COUNCIL IS NEEDED TO FORM AND COORDINATE A PLAN TO REDUCE
 SUCH  EMISSIONS.  THE  CLIMATE  ACTION COUNCIL AND ITS PLAN FOR REDUCING
 SUCH EMISSIONS IS NOT INTENDED TO BE STATIC, BUT RATHER  A  DYNAMIC  AND
 CONTINUALLY  EVOLVING  STRATEGY  TO  ASSESS  AND  ACHIEVE  THE  GOAL  OF
 SUSTAINED REDUCTIONS OF GREENHOUSE GAS EMISSIONS.
 

S 616. CLIMATE ACTION COUNCIL; CREATION;  MEMBERSHIP.    1.  THERE  IS
 HEREBY  CREATED  A  CLIMATE ACTION COUNCIL ("COUNCIL") CONSISTING OF THE
 COMMISSIONERS OF AGRICULTURE AND MARKETS, ECONOMIC DEVELOPMENT, ENVIRON
 MENTAL CONSERVATION, HOUSING AND COMMUNITY RENEWAL, AND  TRANSPORTATION;
 THE  CHAIRS OF THE PUBLIC SERVICE COMMISSION AND THE METROPOLITAN TRANS
 PORTATION AUTHORITY;  THE  PRESIDENTS  OF  THE  NEW  YORK  STATE  ENERGY
 RESEARCH  AND  DEVELOPMENT  AUTHORITY,  LONG ISLAND POWER AUTHORITY, NEW
 YORK POWER AUTHORITY AND DORMITORY AUTHORITY OF THE STATE OF  NEW  YORK;
 THE  SECRETARY  OF  STATE;  THE  DIRECTOR OF THE BUDGET; THE DIRECTOR OF
 STATE OPERATIONS; AND THE COUNSEL TO THE GOVERNOR; PLUS  SIX  ADDITIONAL
 MEMBERS  WITH INDIVIDUAL EXPERTISE IN AGRICULTURE, ECONOMIC DEVELOPMENT,
 ENVIRONMENTAL CONSERVATION, HOUSING, TRANSPORTATION, AND ENERGY  ISSUES,
 WHO  SHALL  BE APPOINTED AS FOLLOWS; TWO MEMBERS BY THE TEMPORARY PRESI
 DENT OF THE SENATE, TWO MEMBERS BY THE  SPEAKER  OF  THE  ASSEMBLY,  ONE
 MEMBER BY THE MINORITY LEADER OF THE SENATE AND ONE MEMBER BY THE MINOR
 ITY  LEADER  OF  THE  ASSEMBLY.  ALL  SUCH APPOINTMENTS SHALL BE MADE BY
 FEBRUARY FIRST, TWO THOUSAND TWELVE.  THE DIRECTOR OF  STATE  OPERATIONS
 SHALL SERVE AS THE CHAIR OF THE COUNCIL.
 2.  MEMBERS  OF THE COUNCIL MAY DESIGNATE AN EXECUTIVE STAFF MEMBER TO
 REPRESENT THEM AND PARTICIPATE ON THE COUNCIL ON THEIR  BEHALF,  SUBJECT
 TO  THE  APPROVAL OF THE CHAIR. A MAJORITY OF THE MEMBERS OF THE COUNCIL
 SHALL CONSTITUTE A QUORUM, AND ALL ACTIONS AND  RECOMMENDATIONS  OF  THE
 COUNCIL  SHALL  REQUIRE  APPROVAL  OF A MAJORITY OF THE TOTAL MEMBERS OR
 THEIR REPRESENTATIVES. THE APPOINTED MEMBERS OF THE COUNCIL SHALL  SERVE
 FOUR  YEAR  TERMS.  VACANCIES TO THE COUNCIL SHALL BE FILLED IN THE SAME
 MANNER AS THE MEMBER WHOSE VACANCY IS BEING FILLED WAS APPOINTED.
 
       S. 2742                             5
 

S 617. GENERAL FUNCTIONS; POWERS AND DUTIES.   1.  THE  COUNCIL  SHALL
 PREPARE  A  DRAFT  CLIMATE ACTION PLAN ON OR BEFORE SEPTEMBER THIRTIETH,
 TWO THOUSAND ELEVEN. THE COUNCIL  SHALL  HOLD  REGIONAL  PUBLIC  COMMENT
 HEARINGS  ON THE DRAFT PLAN, AND SHALL ALLOW AT LEAST SIXTY DAYS FOR THE
 SUBMISSION  OF  PUBLIC  COMMENT.   ON OR BEFORE SEPTEMBER THIRTIETH, TWO
 THOUSAND SIXTEEN AND EVERY FIVE  YEARS  THEREAFTER,  THE  COUNCIL  SHALL
 UPDATE  THE FINAL CLIMATE ACTION PLAN, WHICH ADDRESSES EACH ITEM IDENTI
 FIED IN SUBDIVISION TWO OF THIS SECTION. THE CLIMATE ACTION  PLAN  WHICH
 SHALL  BE  REVIEWED AND, IF WARRANTED, ADJUSTED ANNUALLY BY THE COUNCIL,
 SHALL INCLUDE A DISCUSSION AND EVALUATION OF THE ABILITY  OF  THE  STATE
 AND  PRIVATE  MARKETS  TO  IMPLEMENT  THE  POLICIES, PROGRAMS, AND OTHER
 RECOMMENDATIONS AS FOUND IN THE CLIMATE ACTION PLAN, AND RECOMMENDATIONS
 FOR NEW OR AMENDED POLICIES AS NEEDED TO  CONTINUE  SUCCESSFUL  MOVEMENT
 TOWARDS IMPLEMENTATION AND REALIZATION OF SUCH POLICIES AND PROGRAMS.
 2. IN ASPIRING TO MEET THE GREENHOUSE GAS EMISSION REDUCTION GOAL, THE
 COUNCIL, IN PREPARING THE CLIMATE ACTION PLAN, SHALL:

 A.  INVENTORY GREENHOUSE GAS EMISSIONS WITHIN THE STATE, INCLUDING THE
 RELATIVE CONTRIBUTION OF EACH TYPE OF EMISSION SOURCE;
 B. IDENTIFY AND ASSESS SHORT-TERM  AND  LONG-TERM  ACTIONS  TO  REDUCE
 GREENHOUSE GAS EMISSIONS AND ADAPT TO CLIMATE CHANGE ACROSS ALL ECONOMIC
 SECTORS,   INCLUDING  INDUSTRY,  TRANSPORTATION,  AGRICULTURE,  BUILDING
 CONSTRUCTION AND ENERGY PRODUCTION;
 C. IDENTIFY AND ANALYZE THE ANTICIPATED REDUCTIONS, AND  THE  ECONOMIC
 IMPLICATIONS THEREOF, AS A RESULT OF EACH ACTION;
 D.  IDENTIFY  THE  ANTICIPATED  LIFE-CYCLE IMPLICATIONS, CONSEQUENCES,
 BENEFITS AND COSTS OF IMPLEMENTING EACH ACTION, INCLUDING  IMPLICATIONS,
 CONSEQUENCES,  BENEFITS AND COSTS TO THE STATE, LOCAL GOVERNMENTS, BUSI
 NESS AND RESIDENTS FROM IMPLEMENTATION OF EACH OPTION AND ACTION;
 E. IDENTIFY WHETHER SUCH ACTIONS SUPPORT NEW YORK'S GOALS FOR A  CLEAN
 ENERGY  ECONOMY,  INCLUDING  SPECIFIC  SHORT-TERM AND LONG-TERM ECONOMIC
 DEVELOPMENT OPPORTUNITIES AND DISADVANTAGES RELATED  TO  GREENHOUSE  GAS
 EMISSION REDUCTIONS AND THE DEVELOPMENT AND DEPLOYMENT OF NEW AND EMERG
 ING TECHNOLOGIES AND ENERGY SOURCES INCLUDING IDENTIFYING THE AVAILABIL
 ITY AND COST EFFECTIVENESS OF BEST AVAILABLE CONTROL TECHNOLOGIES;
 F. COORDINATE ITS ACTIVITIES WITH THE STATE ENERGY PLANNING PROCESS OF
 THE STATE ENERGY PLANNING BOARD;
 G.  IDENTIFY  EXISTING  LEGAL,  REGULATORY  AND  POLICY CONSTRAINTS TO
 REDUCING GREENHOUSE GAS EMISSIONS,  ASSESSING  THE  IMPACTS  OF  CLIMATE
 CHANGE,  AND  ECOSYSTEM  BASED ADAPTION TO CLIMATE CHANGE, AND RECOMMEND
 MEASURES NEEDED TO ADDRESS ANY SUCH CONSTRAINTS. RECOMMENDATIONS  SHOULD
 CONSIDER  SUCH FACTORS INCLUDING BUT NOT LIMITED TO FEASIBILITY, SOCIOE
 CONOMIC AND NATURAL RESOURCE VALUES; PUBLIC  HEALTH  IMPACTS;  COMMUNITY
 CHARACTER AND THE IMPACT RESULTING FROM INACTION;
 H.  EVALUATING AND ASSESSING ANY ADAPTIVE MEASURES IDENTIFIED IN TERMS
 OF FEASIBILITY, ECONOMIC AND PUBLIC HEALTH  IMPACTS  AND  EFFECTIVENESS.
 FOR THE PURPOSES OF THIS SECTION, THE TERM "ADAPTIVE MEASURES" REFERS TO
 ACTIONS  THAT  MAY  BE  TAKEN TO ADDRESS THE ANTICIPATED CONSEQUENCES OF
 CLIMATE CHANGE;
 I. IDENTIFYING AND EVALUATING CURRENT EFFORTS  UNDERWAY  IN  NEW  YORK
 STATE TO EDUCATE THE PUBLIC, AS WELL AS SPECIFIC SECTORS INCLUDING AGRI
 CULTURE,  HEALTH,  TRANSPORTATION,  RECREATION, INSURANCE AND INDUSTRIAL
 AND COMMERCIAL SECTORS ABOUT PROJECTED IMPACTS OF CLIMATE CHANGE;
 J. ESTABLISH ESTIMATED  TIMELINES  FOR  CONSIDERING  AND  IMPLEMENTING
 ACTIONS; AND
 
       S. 2742                             6
 K.  UNDERTAKE  SUCH  ACTIONS, AND COMPILE SUCH ADDITIONAL MATERIAL, AS
 DEEMED APPROPRIATE BY THE COUNCIL IN CARRYING OUT  ITS  RESPONSIBILITIES
 UNDER THIS SECTION.
 3.  THE  ENTITIES REPRESENTED ON THE COUNCIL ARE AUTHORIZED TO PROVIDE
 THE PRIMARY STAFF AND OTHER RESOURCES THAT ARE NECESSARY FOR THE COUNCIL
 TO COMPLY WITH THIS SECTION. IN ADDITION, EVERY  OTHER  AGENCY,  DEPART
 MENT,  OFFICE, DIVISION AND PUBLIC AUTHORITY OF THIS STATE SHALL COOPER
 ATE WITH THE COUNCIL AND FURNISH SUCH INFORMATION AND ASSISTANCE AS  THE
 COUNCIL  DETERMINES  IS  REASONABLY NECESSARY FOR IT TO COMPLY WITH THIS
 SECTION.
 4. THE COUNCIL MAY CONVENE ADVISORY PANELS TO ASSIST OR ADVISE  IT  IN
 AREAS REQUIRING SPECIAL EXPERTISE OR KNOWLEDGE.
 

S 4. This act shall take effect immediately.

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