This bill has been amended

Bill S3742-2013

Establishes the New York state climate change task force

Establishes the New York state climate change task force; establishes the membership of the task force; establishes the powers and duties of the task force.

Details

Actions

  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Feb 13, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S3742

TITLE OF BILL: An act to amend the environmental conservation law, in relation to establishing the New York state climate change task force

PURPOSE: The purpose of this bill is to create a Task Force to research the projected impacts of Climate Change to the State of New York and to create a comprehensive Climate Action Plan.

SUMMARY OF PROVISIONS: This bill amends Article 19 of the environmental conservation law by adding a new title 13 which would create an interagency Climate Change Task Force within the Department of Environmental Conservation (DEC) which would develop recommendations for actions that can be taken to mitigate the impact of climate change on New York and minimize disruption to the States economy, infrastructure and environment due to climate change. The task force would be required to incorporate its recommendations into an overall climate change action plan for the State. The task force would be required to submit a draft within one year and hold public hearings throughout the State on the draft plan. Within sixty days of the final hearing, the task force would be required to release a final plan with updates every two years.

JUSTIFICATION:

Science has shown that there has been a warming of the Earth's atmosphere. This warming will cause changes that will impact New York State in the coming years. This legislation will explore the impacts of these changes on tourism, agriculture, coastal communities, infrastructure, and the environment as well as other areas, and prepare-a plan recommending actions that should be taken to both reduce the severity of climate change impacts and to better position New York State and its citizens to live with changes associated with climate change.

LEGISLATIVE HISTORY:

S. 6456 - Referred to Environmental Conservation.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 90 days after it becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3742 2013-2014 Regular Sessions IN SENATE February 13, 2013 ___________
Introduced by Sen. ADDABBO -- 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 establishing the New York state climate change task force THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 19 of the environmental conservation law is amended by adding a new title 13 to read as follows: TITLE 13 NEW YORK STATE CLIMATE CHANGE TASK FORCE SECTION 19-1301. CLIMATE CHANGE TASK FORCE. 19-1303. TASK FORCE COMPOSITION. 19-1305. POWERS AND DUTIES OF THE TASK FORCE. S 19-1301. CLIMATE CHANGE TASK FORCE. 1. THE NEW YORK STATE CLIMATE CHANGE TASK FORCE IS HEREBY ESTABLISHED. THE ROLE OF THE TASK FORCE SHALL INCLUDE, BUT NOT BE LIMITED TO, CONDUCTING AN IN-DEPTH EXAMINATION OF ISSUES RELATED TO GLOBAL CLIMATE CHANGE INCLUDING: A. ASSESSING THE POTENTIAL IMPACTS OF GLOBAL CLIMATE CHANGE ON THE CITIZENS, NATURAL RESOURCES, AND ECONOMY OF THE STATE. SUCH RESEARCH SHALL INCLUDE POTENTIAL IMPACTS ON AGRICULTURE, TRANSPORTATION, PROPERTY VALUES, PUBLIC HEALTH, INSURANCE, AND COMMERCIAL AND INDUSTRIAL SECTORS. RESEARCH SHALL ALSO INCLUDE POTENTIAL IMPACTS ON WATERS, FORESTS, WETLANDS, AND THE AVAILABILITY OF FRESHWATER RESOURCES OF THE STATE. POTENTIAL IMPACTS ON INFRASTRUCTURE, INCLUDING SUBWAYS, BRIDGES, LOW-LY- ING ROADS, CAUSEWAYS, WATER AND WASTEWATER TREATMENT PLANTS, AND DOCKS, SHALL BE INCLUDED, AS WELL AS POTENTIAL IMPACTS ON INDUSTRIES INCLUDING SHIPPING, TIMBER, FISHERIES, POWER GENERATION, HEALTHCARE, TOURISM, AND RECREATION. SUCH ASSESSMENT SHALL ALSO INCLUDE A REVIEW OF EXISTING RELATED RESEARCH;
B. IDENTIFYING AND EVALUATING CURRENT EFFORTS TO TRACK AND MITIGATE CLIMATE CHANGE AND ITS POTENTIAL IMPACTS ON THE NORTHEAST REGION, INCLUDING THE REGIONAL GREENHOUSE GAS INITIATIVE, PARTICULARLY ON NEW YORK STATE; C. IDENTIFYING AND EVALUATING POTENTIAL CARBON EMISSIONS REDUCTION MEASURES IDENTIFIED IN TERMS OF GREENHOUSE GAS EMISSIONS REDUCTION POTENTIAL, COST EFFECTIVENESS, SHORT AND LONG-TERM STATE SPECIFIC ECONOMIC IMPACTS, ADMINISTRATIVE FEASIBILITY AND EQUITY CONCERNS; D. EVALUATING THE POTENTIAL ECONOMIC EFFECTS THAT MAY ARISE FROM ACTIONS TO ADDRESS GLOBAL CLIMATE CHANGE; E. 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; F. 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; G. REVIEWING AND ASSESSING THE IMPLEMENTATION STATUS OF THE RECOMMEN- DATIONS FROM THE NEW YORK GREENHOUSE GAS TASK FORCE ISSUED IN APRIL OF TWO THOUSAND THREE; AND H. ASSESSING THE STATE'S CAPACITY TO MEET THE STATEWIDE GREENHOUSE GAS EMISSION REDUCTION TARGET AS ESTABLISHED IN THE TWO THOUSAND TWO ENERGY PLAN AS UPDATED, A TWENTY PERCENT REDUCTION OF GREENHOUSE GAS EMISSIONS BY TWO THOUSAND TWENTY-TWO, AND AN EIGHTY PERCENT REDUCTION OF GREEN- HOUSE GAS EMISSIONS BY TWO THOUSAND FIFTY-TWO. 2. THE TASK FORCE SHALL DEVELOP A CLIMATE CHANGE ACTION PLAN THAT WILL INCORPORATE BOTH CARBON REDUCTION MEASURES AND ADOPTIVE MEASURES DESIGNED TO BOTH REDUCE THE SEVERITY OF CLIMATE CHANGE AND BETTER POSI- TION THE STATE AND ITS CITIZENS TO LIVE WITH THE IMPACTS ASSOCIATED WITH CLIMATE CHANGE. SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO: A. AN INVENTORY OF GREENHOUSE GAS EMISSIONS IN THIS STATE INCLUDING STATIONARY AND MOBILE SOURCES; B. RESULTS OF THE EVALUATION OF POTENTIAL CARBON EMISSIONS REDUCTION MEASURES; C. RESULTS OF THE EVALUATION OF CURRENT EFFORTS TO MITIGATE CLIMATE CHANGE; D. RECOMMENDATIONS TO ADDRESS POTENTIAL CLIMATE CHANGE IN NEW YORK, WHICH SHALL INCLUDE: (I) POTENTIAL GREENHOUSE GAS EMISSIONS REDUCTION MEASURES THAT SHOULD BE UNDERTAKEN BY THE STATE; (II) A LISTING AND EXPLANATION OF POTENTIAL ADAPTIVE MEASURES APPRO- PRIATE FOR NEW YORK STATE, INCLUDING REDUCING HEALTH AND FLOODING RISKS, AND POTENTIAL SHIFTS IN AGRICULTURE AND FORESTRY; (III) A CONSIDERATION OF EFFORTS BEING MADE AT THE NATIONAL AND INTER- NATIONAL LEVEL TO ADDRESS CLIMATE CHANGE; (IV) RECOMMENDATIONS TO ENHANCE CLIMATE CHANGE RESEARCH, MONITORING AND PUBLIC EDUCATION IN NEW YORK; AND (V) ECONOMIC OPPORTUNITIES THAT SHOULD BE CONSIDERED WHICH COULD BETTER POSITION NEW YORK IN RESPONDING TO CLIMATE CHANGE; AND E. RECOMMENDATIONS FOR ACHIEVING THE MAXIMUM TECHNOLOGICALLY FEASIBLE AND COST-EFFECTIVE REDUCTIONS IN GREENHOUSE GAS EMISSIONS FROM SOURCES OR CATEGORIES OF SOURCES OF GREENHOUSE GASES OF A TWENTY PERCENT REDUCTION OF GREENHOUSE GAS EMISSIONS BY TWO THOUSAND TWENTY-TWO AND AN EIGHTY PERCENT REDUCTION OF GREENHOUSE GAS EMISSIONS BY TWO THOUSAND
FIFTY-TWO. THE RECOMMENDATIONS SHALL BE ON DIRECT EMISSION REDUCTION MEASURES, ALTERNATIVE COMPLIANCE MECHANISMS, MARKET-BASED COMPLIANCE MECHANISMS, AND POTENTIAL MONETARY AND NONMONETARY INCENTIVES FOR SOURCE AND CATEGORIES OF SOURCES. THE TASK FORCE SHALL EVALUATE THE TOTAL POTENTIAL COSTS AND TOTAL POTENTIAL ECONOMIC AND NONECONOMIC BENEFITS OF THE PLAN FOR REDUCING GREENHOUSE GASES TO THE STATE'S ECONOMY, ENVIRON- MENT AND PUBLIC HEALTH. THE TASK FORCE SHALL ALSO TAKE INTO ACCOUNT THE RELATIVE CONTRIBUTION OF EACH SOURCE OR SOURCE CATEGORY TO STATEWIDE GREENHOUSE GAS EMISSIONS, AND THE POTENTIAL FOR ADVERSE EFFECTS ON SMALL BUSINESSES, AND SHALL RECOMMEND A DE MINIMIS THRESHOLD OF GREENHOUSE GAS EMISSIONS BELOW WHICH EMISSION REDUCTION REQUIREMENTS WILL NOT APPLY. S 19-1303. TASK FORCE COMPOSITION. 1. THE TASK FORCE SHALL CONSIST OF A TOTAL OF TWENTY-ONE MEMBERS AND SHALL INCLUDE THE COMMISSIONER, THE COMMISSIONER OF HEALTH, THE COMMIS- SIONER OF AGRICULTURE AND MARKETS, THE SECRETARY OF STATE, THE COMMIS- SIONER OF ECONOMIC DEVELOPMENT, THE COMMISSIONER OF TRANSPORTATION, THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION, THE SUPER- INTENDENT OF FINANCIAL SERVICES, THE DIRECTOR OF THE STATE EMERGENCY MANAGEMENT OFFICE, THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE CHAIRPERSON OF THE METROPOLITAN TRANSPOR- TATION AUTHORITY, A REPRESENTATIVE FROM THE BOARD OF COMMISSIONERS FOR THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, AND THE CHAIR OF THE PUBLIC SERVICE COMMISSION OR THEIR DESIGNATED REPRESENTATIVES; THE TEMPORARY PRESIDENT OF THE SENATE SHALL APPOINT THREE MEMBERS; THE SPEAKER OF THE ASSEMBLY SHALL APPOINT THREE MEMBERS; THE MINORITY LEADER OF THE SENATE SHALL APPOINT ONE MEMBER; AND THE MINORITY LEADER OF THE ASSEMBLY SHALL APPOINT ONE MEMBER. ALL APPOINTED MEMBERS OF THE TASK FORCE SHALL HAVE AN EXPERTISE IN ONE OR MORE OF THE FOLLOWING FIELDS: CLIMATOLOGY; HYDROLOGY; PLANNING; HEALTH CARE; ENVIRONMENTAL HEALTH; ECOLOGY; AGRICULTURE; ECONOMICS; AND ENERGY POLICY. 2. THE COMMISSIONER OR HIS OR HER DESIGNATED REPRESENTATIVE SHALL SERVE AS CHAIRPERSON OF THE TASK FORCE. 3. FOR THE PURPOSES OF THIS SECTION, THE NON-GOVERNMENTAL APPOINTEES SHALL BE CONSIDERED OFFICERS OR EMPLOYEES OF PUBLIC ENTITIES AND SHALL BE AFFORDED SUCH DEFENSE AND INDEMNIFICATION PROVIDED UNDER THE PUBLIC OFFICERS LAW. 4. THE MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. 5. NO APPOINTED MEMBER OF THE TASK FORCE SHALL BE AN ELECTED OR APPOINTED PUBLIC OFFICER. S 19-1305. POWERS AND DUTIES OF THE TASK FORCE. 1. THE TASK FORCE SHALL MEET QUARTERLY, AND AT THE CALL OF THE CHAIR- PERSON. 2. IN RECOGNITION OF THE GLOBAL NATURE OF CLIMATE CHANGE, THE TASK FORCE MAY CONSULT WITH ANY ORGANIZATION, EDUCATIONAL INSTITUTION, OTHER GOVERNMENT ENTITY OR AGENCY OR PERSON IN THE DEVELOPMENT OF ITS RECOM- MENDATIONS. 3. THE DEPARTMENT SHALL PROVIDE THE TASK FORCE WITH SUCH FACILITIES, ASSISTANCE AND DATA AS WILL ENABLE THE TASK FORCE TO CARRY OUT ITS POWERS AND DUTIES. ADDITIONALLY, ALL OTHER AGENCIES OF THE STATE OR SUBDIVISIONS THEREOF MAY, AT THE REQUEST OF THE CHAIRPERSON, PROVIDE THE TASK FORCE WITH SUCH FACILITIES, ASSISTANCE, AND DATA TO ENABLE THE TASK FORCE TO CARRY OUT ITS POWERS AND DUTIES. 4. A. WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, THE TASK FORCE SHALL ISSUE A DRAFT CLIMATE CHANGE ACTION PLAN AS PROVIDED
FOR IN SUBDIVISION TWO OF SECTION 19-1301 OF THIS TITLE. THE DRAFT CLIMATE CHANGE ACTION PLAN SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE AND A NOTICE OF THE ISSUANCE OF THE DRAFT PLAN SHALL BE POSTED IN THE ENVIRONMENTAL NOTICE BULLETIN. AT LEAST ONE PUBLIC HEARING SHALL BE HELD IN EACH DEPARTMENTAL REGION TO PROVIDE THE PUBLIC WITH THE OPPORTUNITY TO COMMENT ON THE DRAFT CLIMATE CHANGE ACTION PLAN. NOTICE OF SUCH PUBLIC HEARINGS SHALL BE PROVIDED ON THE DEPARTMENT'S WEBSITE AND IN THE ENVIRONMENTAL NOTICE BULLETIN. B. WITHIN SIXTY DAYS OF THE DATE OF THE FINAL PUBLIC HEARING, THE TASK FORCE SHALL SUBMIT A FINAL CLIMATE CHANGE ACTION PLAN TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. COPIES OF SUCH CLIMATE CHANGE ACTION PLAN SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC AND POSTED ON THE DEPARTMENT'S WEBSITE AND NOTICE OF THE AVAILABILITY OF SUCH PLAN SHALL BE PUBLISHED IN THE ENVIRONMENTAL NOTICE BULLETIN. C. THE CLIMATE CHANGE ACTION PLAN SHALL BE REVIEWED AND UPDATED EVERY TWO YEARS WITH ASSOCIATED PUBLIC HEARINGS, PUBLIC RELEASE AND POSTING OF THE UPDATED PLAN ON THE DEPARTMENT'S WEBSITE AND NOTICE IN THE ENVIRON- MENTAL NOTICE BULLETIN. S 2. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.

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