Bill S7457-2013

Relates to global warming pollution control

Relates to global warming pollution control; establishes greenhouse gas limits and a greenhouse gas reporting system.

Details

Actions

  • May 15, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S7457

TITLE OF BILL: An act to amend the environmental conservation 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 PROVISIONS:

This bill would:

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

* define "major greenhouse gas emission source" as any source or category of sources of greenhouse gas emissions, determined by the department to be capable of being monitored for compliance, and shall at a minimum include emissions:

a. associated with fossil fuels;

b. from any utility generating or delivering electricity consumed in the state;

c. stationary sources permitted pursuant to section 19-0311 of this article; and

d. from any additional entities that are emitters of greenhouse gases, as determined by the department;

* provide compliance assistance to small business;

* initially focus on state facility compliance;

* authorize DEC to promulgate rules and regulations, by May 1, 2015, requiring annual greenhouse gas emission reporting from greenhouse gas emission sources.

JUSTIFICATION: New York and the rest of the nation have encountered record high temperatures, hurricanes, long and difficult winters, floods and other harsh weather conditions. NASA has stated that these weather conditions are being caused by humans. Recently, the White House released a report stating that global climate change is here and we are feeling the effects of it today. There is near total agreement in the scientific community that greenhouse gases emitted into our atmosphere are the major cause of climate change.

Environmental Advocates have stated that, "The prevention of further climate damage will require a wholesale transformation to a clean energy economy. This measure will propel the state forward by establishing aggressive emission targets across all sectors where emissions can be measured (including power generation and distribution, transportation, construction, building efficiency, manufacturing, and waste) and including all greenhouse gases (not just carbon dioxide)."

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7457 IN SENATE May 15, 2014 ___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to global warming pollution control THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. Global warming and the resulting extreme weather events pose a serious threat to the economic well-being, public health, natural resources and environment of New York. Extreme weather events have become increasingly common, with Super- storm Sandy, and hurricanes Lee and Irene providing the most recent examples. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of fresh 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, fores- try, tourism, skiing, and recreational and commercial fishing. The Intergovernmental Panel on Climate Change, which received the 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 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. 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 GLOBAL WARMING POLLUTION CONTROL SECTION 19-1301. DEFINITIONS. 19-1303. GREENHOUSE GAS REPORTING. 19-1305. GREENHOUSE GAS LIMITS. S 19-1301. 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. "MAJOR GREENHOUSE GAS EMISSION SOURCE" MEANS ANY SOURCE OR CATEGORY OF SOURCES OF GREENHOUSE GAS EMISSIONS, DETERMINED BY THE DEPARTMENT TO BE CAPABLE OF BEING MONITORED FOR COMPLIANCE, AND SHALL AT A MINIMUM INCLUDE EMISSIONS: (A) ASSOCIATED WITH FOSSIL FUELS USED IN THE STATE BY ENTITIES THAT ARE MANUFACTURERS, PRODUCERS AND/OR 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; (C) STATIONARY SOURCES PERMITTED PURSUANT TO SECTION 19-0311 OF THIS ARTICLE; AND (D) FROM ANY ADDITIONAL ENTITIES THAT ARE EMITTERS OF GREENHOUSE GASES, AS DETERMINED BY THE DEPARTMENT. S 19-1303. GREENHOUSE GAS REPORTING. 1. NO LATER THAN MAY 1, 2015, THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS REQUIRING ANNUAL GREENHOUSE GAS EMISSIONS REPORTING FROM MAJOR GREENHOUSE GAS EMISSION SOURCES. THE REGULATIONS SHALL: (A) INCLUDE GREENHOUSE GAS EMISSIONS FROM ALL MAJOR 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 MAJOR GREENHOUSE GAS EMISSION SOURCE MAINTAINS COMPREHENSIVE 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. (C) PROVIDE COMPLIANCE ASSISTANCE TO SMALL BUSINESSES PURSUANT TO THE PROVISIONS OF SECTIONS 19-0313 AND 19-0315 OF THIS ARTICLE. 3. NO LATER THAN JANUARY 1, 2018, AND EVERY THREE YEARS THEREAFTER, THE DEPARTMENT SHALL ISSUE A REPORT ON: (A) THE ANNUAL GREENHOUSE GAS EMISSIONS FROM ALL MAJOR GREENHOUSE GAS EMISSION SOURCES, INCLUDING THE RELATIVE CONTRIBUTION OF EACH MAJOR GREENHOUSE GAS EMISSION SOURCE TO STATEWIDE GREENHOUSE GAS EMISSIONS; AND (B) THE PROGRESS MADE BY THE DEPARTMENT IN ACHIEVING THE REQUIREMENTS OF SECTION 19-1305 OF THIS TITLE.
S 19-1305. GREENHOUSE GAS LIMITS. 1. NO LATER THAN JANUARY 1, 2017, THE DEPARTMENT, AFTER A PUBLIC HEAR- ING, AND CONSULTATION WITH REPRESENTATIVES OF BUSINESS INTERESTS, COMMU- NITY ORGANIZATIONS, ENVIRONMENTAL GROUPS, MUNICIPAL CORPORATIONS AND OTHER STAKEHOLDERS, 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 AGGRE- GATE LIMIT SHALL NOT BE GREATER THAN THE AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FOR CALENDAR YEAR 1990. 2. (A) ON JANUARY 1, 2020 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION SHALL BE REDUCED BY 20 PERCENT. (B) ON JANUARY 1, 2025 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION SHALL BE REDUCED BY 30 PERCENT. (C) ON JANUARY 1, 2030 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION SHALL BE REDUCED BY 40 PERCENT. (D) ON JANUARY 1, 2035 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION SHALL BE REDUCED BY 50 PERCENT. (E) ON JANUARY 1, 2040 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION SHALL BE REDUCED BY 60 PERCENT. (F) ON JANUARY 1, 2045 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION SHALL BE REDUCED BY 70 PERCENT. (G) ON JANUARY 1, 2050, AND EACH YEAR THEREAFTER, 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 MUST: (A) INITIALLY FOCUS UPON ENSURING STATE FACILITY COMPLIANCE; (B) 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; (C) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS; AND (D) 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. S 3. This act shall take effect immediately.

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