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A06039 Summary:

BILL NOA06039
 
SAME ASSAME AS S06030
 
SPONSORBarrett
 
COSPNSRWoerner, Magnarelli, Wallace
 
MLTSPNSR
 
Amd §§75-0101, 75-0105 & 75-0109, En Con L; amd §66-p, Pub Serv L
 
Relates to the state greenhouse gas emission accounting system; aligns the state accounting system with the Intergovernmental Panel on Climate Change (IPCC) accounting system.
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A06039 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6039
 
SPONSOR: Barrett
  TITLE OF BILL: An act to amend the environmental conservation law and the public service law, in relation to the state greenhouse gas emission accounting system   PURPOSE OF THE BILL: TO ALIGN NEW YORK STATE'S GREENHOUSE GAS EMISSIONS ACCOUNTING SYSTEM WITH THE FEDERAL STANDARD OF GREENHOUSE GAS EMISSIONS ACCOUNTING, AS OUTLINED BY THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE (IPCC).   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends subdivision 2, paragraph e of subdivision 10 and subdivision 13 of section 75-0101 of the Environmental Conservation Law, as added by Chapter 106 of the laws of 2019. Section 2: Amends Section 75-0105 of the Environmental Conservation Law, as added by Chapter 106 of the laws of 2019. Section 3: Amends paragraph g and subparagraph of paragraph h of subdi- vision 4 of section 75-0109 of the Environmental Conservation Law, as added by Chapter 106 of the laws of 2019. Section 4: Amends paragraph (b) of subdivision 1 of section 66-p of the Public Service Law, as added by Chapter 106 of the laws of 2019. Section 5: Effective date.   JUSTIFICATION: The State's greenhouse gas (GHG) emissions account system is fundamen- tally incompatible with the system adopted with the federal Inflation Reduction Act (IRA). Specifically, it deviates from the IRA and the Intergovernmental Panel on Climate Change (IPCC) based accounting systems more broadly, in 3 ways: New York currently uses a 20 year global warming potential (GWP) whereas the IRA uses a 100 year GWP; the IRA requires full lifecycle assessment for both fossil and biogenic pathways, whereas New York only requires this for imported fossil fuels; and, the IRA tracks biogenic carbon dioxide (CO2) emissions but does not count them towards total lifecycle emissions, whereas New York treats biogenic CO2 emissions the same as fossil CO2 emissions by both tracking and counting them towards the total. This critical piece of legislation will reconcile the State's GHG accounting methodology with the IRA by: adopting a 100 year GWP; requir- ing that full life cycle assessments be conducted for fossil and biogen- ic pathways without regard to place of origin; and, differentiating between biogenic and fossil CO2 emissions by tracking them both but only counting fossil CO2 emissions toward the States total GHG inventory. Clean energy investors and developers have expressed reluctance to pursue initiatives in New York that would qualify for the IRA and other federal IPCC-based incentive programs because the State's GHG accounting systems incompatibility creates major compliance hurdles that do not exist in the other states where these investors and developers will likely gravitate. Correcting the State's GHG accounting provisions to harmonize them with the IRA will allow New York to access recurring federal incentives for decarbonization with a combined annual value greater than $9 billion, extended Investment Tax Credits valued at approximately $1 billion, and tens of thousands of new full-time employ- ment positions, primarily in construction and operations, that would be covered by the IRA's prevailing wage and apprenticeship requirements. In addition, continued use of the State's current GH0 accounting system will substantially increase the costs of reducing 0110 emissions compared to the federal system; costs that will primarily be borne by New York ratepayers and consumers. Finally, this legislation will facil- itate the use of clean fuels in the State, resulting in significant near-term GHG emissions reductions and will avoid the need and associ- ated costs for a portion of the anticipated grid buildout to meet the State's decarbonization goals.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Positive impact in the State's ability to access federal funding.   EFFECTIVE DATE: This act shall take effect immediately.
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A06039 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6039
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 31, 2023
                                       ___________
 
        Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
          tee on Environmental Conservation
 
        AN ACT to amend  the  environmental  conservation  law  and  the  public
          service law, in relation to the state greenhouse gas emission account-
          ing system
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2, paragraph e of subdivision 10  and  subdivi-
     2  sion  13  of  section  75-0101 of the environmental conservation law, as
     3  added by chapter 106 of the  laws  of  2019,  are  amended  to  read  as
     4  follows:
     5    2.  "Carbon  dioxide equivalent" means the amount of carbon dioxide by
     6  mass that would produce the same global warming impact as a  given  mass
     7  of  another greenhouse gas over an integrated [twenty-year] one hundred-
     8  year time frame after emission.
     9    e. Anaerobic digesters[, where  energy  produced  is  directed  toward
    10  localized use];
    11    13.  "Statewide greenhouse gas emissions" means the total annual emis-
    12  sions of greenhouse gases produced within the state  from  anthropogenic
    13  sources;  [and]  greenhouse gases produced outside of the state that are
    14  associated with the generation of electricity imported into  the  state;
    15  and greenhouse gases produced outside the state that are associated with
    16  the extraction and transmission of fossil fuels imported into the state.
    17  Statewide  emissions shall be expressed in tons of carbon dioxide equiv-
    18  alents on a full life-cycle basis utilizing the  Argonne  GREET  (green-
    19  house  gases, regulated emissions, and energy use in technologies) model
    20  for all systems resulting in greenhouse  gas  emission  sources  in  the
    21  state,  including  the  relative contribution of each type of greenhouse
    22  gas and each type of source to the statewide total.
    23    § 2. Section 75-0105 of the environmental conservation law,  as  added
    24  by chapter 106 of the laws of 2019, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10231-02-3

        A. 6039                             2
 
     1  § 75-0105. Statewide greenhouse gas emissions report.
     2    1.  No  later than two years after the effective date of this article,
     3  and each year thereafter, the department shall issue a report on  state-
     4  wide  greenhouse  gas  emissions,  expressed  in  tons of carbon dioxide
     5  equivalents, [from all] on a full life-cycle basis utilizing the Argonne
     6  GREET (greenhouse gases, regulated emissions, and energy use in technol-
     7  ogies) model for all systems resulting in greenhouse gas emission sourc-
     8  es in the state, including the relative contribution  of  each  type  of
     9  greenhouse gas and each type of source to the statewide total.
    10    2. The statewide greenhouse gas emissions report shall be a comprehen-
    11  sive  evaluation,  informed  by  a  variety  of data, including [but not
    12  limited to]:
    13    a. information relating to the use of fossil fuels by sector,  includ-
    14  ing  for  electricity  generation,  transportation,  heating,  and other
    15  combustion purposes;
    16    b. information relating to fugitive and vented emissions from  systems
    17  associated  with  the  production,  processing, transport, distribution,
    18  storage, and consumption of fossil fuels, including natural gas;
    19    c. information relating to emissions  from  non-fossil  fuel  sources,
    20  including, but not limited to, garbage incinerators, biomass combustion,
    21  landfills and landfill gas generators, and anaerobic digesters;
    22    d.  information  relating  to emissions associated with manufacturing,
    23  chemical production, cement plants, and  other  processes  that  produce
    24  non-combustion emissions; and
    25    e. information from sources that may be required to participate in the
    26  registration  and  reporting system pursuant to subdivision [four] three
    27  of this section.
    28    3. The statewide greenhouse gas emissions report shall also include an
    29  estimate of greenhouse gas emissions associated with the  generation  of
    30  imported  electricity and with the extraction and transmission of fossil
    31  fuels and with the production and transmission of biofuels imported into
    32  the state which shall be counted as part of the statewide total.
    33    4. Within one year after the  effective  date  of  this  article,  the
    34  department  shall consider establishing a mandatory registry and report-
    35  ing system from individual sources to  obtain  data  on  greenhouse  gas
    36  emissions  exceeding a particular threshold. If established, such regis-
    37  try and reporting system shall apply a consistent reporting threshold to
    38  ensure the unbiased collection of data.
    39    5. The statewide greenhouse gas emissions report shall also include an
    40  estimate of what the statewide greenhouse gas  emissions  level  was  in
    41  1990.
    42    6.  The  statewide  greenhouse gas emissions report shall utilize best
    43  available science and methods of analysis, including the comparison  and
    44  reconciliation of emission estimates from all sources, fuel consumption,
    45  field data, and peer-reviewed research.
    46    7.  In accordance with internationally accepted best practices, carbon
    47  dioxide emissions from the combustion of sustainable biomass and  biofu-
    48  els  shall  not be counted toward the statewide greenhouse gas emissions
    49  limits pursuant to section 75-0107 of this article.
    50    [7.] 8. The statewide greenhouse gas emissions  report  shall  clearly
    51  explain  the  methodology and analysis used in the department's determi-
    52  nation of greenhouse gas emissions and shall include a detailed explana-
    53  tion of any changes in methodology  or  analysis,  adjustments  made  to
    54  prior  estimates,  as  needed,  and  any  other information necessary to
    55  establish a scientifically credible account of change.

        A. 6039                             3

     1    [8.] 9. The department shall hold at least two public hearings to seek
     2  public input regarding the methodology and analysis used in the determi-
     3  nation of statewide greenhouse gas emissions, and periodically thereaft-
     4  er.
     5    §  3.  Paragraph g and subparagraph ii of paragraph h of subdivision 4
     6  of section 75-0109 of the environmental conservation law,  as  added  by
     7  chapter 106 of the laws of 2019, are amended to read as follows:
     8    g. The following types of projects shall be prohibited:
     9    i.  waste-to-energy  projects, including incineration and pyrolysis of
    10  fossil fuel products; and
    11    ii. biofuels used for energy or transportation purposes.
    12    ii. be located in the same  county,  [and  within  twenty-five  linear
    13  miles, of the source of emissions,] to the extent practicable;
    14    §  4.  Paragraph  (b)  of  subdivision 1 of section 66-p of the public
    15  service law, as added by chapter 106 of the laws of 2019, is amended  to
    16  read as follows:
    17    (b) "renewable energy systems" means systems that generate electricity
    18  or thermal energy through use of the following technologies: solar ther-
    19  mal, photovoltaics, on land and offshore wind, hydroelectric, geothermal
    20  electric,  geothermal  ground  source  heat,  tidal energy, wave energy,
    21  ocean thermal, anaerobic digestion, forest biopower that is  operational
    22  as  of  December  thirty-first,  two thousand twenty-two, and fuel cells
    23  which do not utilize a fossil fuel resource in the process of generating
    24  electricity.
    25    § 5. This act shall take effect immediately.
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