Add Art 75 §§75-0101 - 75-0115, amd §54-1523, En Con L; add §66-p, Pub Serv L; amd §§1005 & 1020-s, ren
§§1020-jj, 1020-kk & 1020-ll to be §§1020-kk, 1020-ll & 1020-mm, add §1020-jj, Pub Auth L; add Art 8-B §228,
Lab L; add §§17-a & 17-b, Chap 355 of 2014
 
Enacts the New York state climate and community protection act; relates to climate change; renewable energy program; labor and job standards and worker protection.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8270B
SPONSOR: Englebright
 
TITLE OF BILL: 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
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to enact the "New York State Climate and
Community Protection Act" to address and mitigate the impacts of climate
change in New York.
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill would:
*define relevant terms;
*establish the "New York State Climate Action Council" (the Council)
consisting of 25 members including state agencies and individuals with
expertise in environmental issues, environmental justice, labor, and
regulated industries;
*require the Department of Environmental Conservation (DEC) to estab-
lish:
*greenhouse gas reporting requirements;
*statewide greenhouse gas emissions limits;
*a scoping plan, developed in consultation with the Council, the Envi-
ronmental Justice Advisory Group (established in A.2234, sponsored by M.
of A. Peoples-Stokes), the Disadvantaged Communities Working Group and
other stakeholders, outlining DEC's recommendations for attaining the
statewide greenhouse gas emissions limits;
*regulations to achieve statewide greenhouse gas emissions reductions;
*a report, not less than every four years, including recommendations
regarding the implementation of greenhouse gas reduction measures;
*a report on barriers to, and opportunities for, community ownership of
services and commodities in disadvantaged communities, including
distributed renewable energy generation; energy efficiency and weatheri-
zation investments; and, zero emission and low-emission transportation
options; and,
*take actions to promote adaptation and resilience;
*establish a Climate Change Working Group consisting of representatives
from environmental justice communities, DEC, and the Departments of
Health and Labor to:
*identify disadvantaged communities for the purposes of co-pollutant and
greenhouse gas emissions reductions and the allocation of certain
investments; and,
*advise DEC on the promulgation of certain reports and regulations;
*require state agencies to assess and implement strategies to reduce
their greenhouse gas emissions and, when issuing permits, licenses or
other administrative approvals and decisions, to consider whether such
decisions would be inconsistent with the attainment of the statewide
greenhouse gas emission limits;
*authorize monies from the Environmental Protection Fund to be used to
establish and implement easily-replicated renewable energy projects,
including solar arrays, heat pumps and wind turbines in public low-in-
come housing in suburban, urban and rural areas;
*provide a definition of "renewable energy systems" to mean systems that
generate electricity or thermal energy through the use of the following
technologies: solar thermal, photovoltaics, wind, hydroelectric, geoth-
ermal electric, geothermal ground source heat, tidal energy, wave ener-
gy, ocean thermal, offshore wind and fuel cells which do not utilize a
fossil fuel resource in the process of generating electricity;
*require that fifty percent of the electric generation secured by load
serving entities regulated by the Public Service Commission (PSC); the
Power Authority of the State of New York (PASNY); and the Long Island
Power Authority (LIPA) be produced by renewable energy systems by 2030;
*require that all projects contracted pursuant to this act that either
receive financial assistance of more than $100,000 or have a total value
of more than $10 million pay to building service workers and
construction workers the prevailing wage rate of the locality in which
the project is located. These projects must also include in their
contracts with contractors language requiring labor harmony policies,
dispute resolution mechanisms, prevailing wage compliance, safety poli-
cies, workers' compensation insurance, and apprenticeship program utili-
zation; and,
*provide that contracts by recipients of financial assistance pertaining
to prevailing wage are to be considered for the benefit of the applica-
ble workers, and these workers have a right to maintain an action in
court if they are paid less than prevailing wage.
 
JUSTIFICATION:
Climate change is adversely affecting economic well-being, public
health, natural resources, and the environment of New York. Climate
change especially heightens the vulnerability of disadvantaged communi-
ties, which bear environmental and socioeconomic burdens. The severity
of current climate change and the threat of additional and more severe
change will be affected by the actions undertaken by New York and other
jurisdictions to reduce greenhouse gas emissions. According to the U.S.
Global Change Research Program (USGCRP) and the Intergovernmental Panel
on Climate Change, substantial reductions in greenhouse gas emissions
will be required by mid-century in order to limit global warming. Action
undertaken by New York to reduce greenhouse emissions will have an
impact on global greenhouse gas emissions and the rate of climate
change. In addition, such action will encourage other jurisdictions to
implement complementary greenhouse gas reduction strategies and provide
an example of how such strategies can be implemented. It will also
advance the development of green technologies and sustainable practices
within the private sector, which can have far-reaching impacts such as a
reduction in the cost of renewable energy components, and the creation
of jobs and tax revenues in New York.
This bill will:
*help put New York on track to minimize the adverse impacts of climate
change through a combination of measures to reduce statewide greenhouse
gas emissions and improve the resiliency of the state with respect to
the impacts and risks of climate change that cannot be avoided;
*shape the ongoing transition in the State's energy sector to ensure
that it creates good jobs and protects workers and communities that may
lose employment in the current transition. Setting dear standards for
job quality and training standards encourages not only high-quality work
but positive economic impacts;
*prioritize the safety and health of disadvantaged communities, control
potential regressive impacts of future climate change mitigation and
adaptation policies on these communities; and,
*review and prioritize the allocation of certain public investments.
 
PRIOR LEGISLATIVE HISTORY:
2016: A.10342 (Englebright) - Passed the Assembly
2017: A.8270-A (Englebright) - Passed the Assembly
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2018, in relation to establishing a permanent
environmental justice advisory group as proposed in legislative bills
numbers A.2234 and S.3110, provided further that the provisions of
section seven shall take effect on the 180th day after it shall have
become law and shall apply to any grants, loans, and contracts and
financial assistance awarded or renewed on or after such effective date.