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A00411 Summary:

COSPNSRColton, Simon, Reyes, Rosenthal L, Steck, Epstein, Burdick, Anderson, Jackson, Mamdani, Otis, Levenberg
Add §1-0103, Art 23 Title 29 §23-2901, En Con L
Declares a climate emergency and places a ban on fossil fuel infrastructure projects but shall not apply to repair or maintenance of existing infrastructure.
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A00411 Actions:

01/09/2023referred to environmental conservation
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A00411 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2023
        Introduced  by  M.  of  A.  CARROLL, COLTON, SIMON, REYES, L. ROSENTHAL,
          Sponsored  by  --  M.  of  A.  SAYEGH -- read once and referred to the
          Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          declaring  a  climate  emergency  and placing a ban on new fossil fuel
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 1-0103 to read as follows:
     3  § 1-0103. Climate emergency declaration and policy.
     4    1. The legislature finds and declares the following:
     5    (a) A climate emergency exists that threatens the state of  New  York,
     6  the nation, and the world;
     7    (b)  Irrevocable  damage  to the environment has been caused by global
     8  warming of approximately one degree celsius demonstrating that the earth
     9  is already too hot for safety and justice, as attested by increased  and
    10  intensifying  wildfires,  floods,  rising  seas, diseases, droughts, and
    11  extreme weather;
    12    (c) On April twenty-second, two thousand sixteen, world  leaders  from
    13  one hundred seventy-four countries and the European Union recognized the
    14  threat of climate change and the urgent need to combat it by signing the
    15  Paris Agreement, agreeing to keep warming well below two degrees celsius
    16  above  pre-industrial  levels and to pursue efforts to limit the temper-
    17  ature increase to one and one-half degrees fahrenheit;
    18    (d) On October eighth,  two  thousand  eighteen,  the  United  Nations
    19  International  Panel  on  Climate  Change  ("IPCC")  released  a special
    20  report, which projected that limiting warming to the  one  and  one-half
    21  degrees celsius target this century will require an unprecedented trans-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 411                              2
     1  formation  of  every  sector  of the global economy over the next twelve
     2  years;
     3    (e) On November twenty-third, two thousand eighteen, the United States
     4  Fourth National Climate Assessment ("NCA4") was released and details the
     5  massive  threat  that  climate change poses to the American economy, our
     6  environment and climate stability, and underscores the need for  immedi-
     7  ate climate emergency action at all levels of government;
     8    (f)  According  to the National Aeronautics and Space Administration's
     9  (NASA) Goddard Institute for Space Studies (GISS),  global  temperatures
    10  in two thousand eighteen were eighty-three one-hundredths degrees celsi-
    11  us  (one  and  one-half  degrees  fahrenheit)  warmer  than the nineteen
    12  hundred fifty-one to nineteen hundred eighty mean,  and  the  past  five
    13  years are collectively the warmest in modern history;
    14    (g)  World  Wildlife Fund's 2018 Living Planet report finds that there
    15  has been a sixty per  centum  decline  in  global  wildlife  populations
    16  between  nineteen hundred seventy and two thousand fourteen, with causes
    17  including overfishing, pollution and climate change;
    18    (h) According to  the  intergovernmental  science-policy  platform  on
    19  biodiversity and ecosystem services, human activity has already severely
    20  altered  forty per centum of the marine environment, fifty per centum of
    21  inland waterways, and seventy-five per centum of the planet's land,  and
    22  it  is  projected  that five hundred thousand to one million species are
    23  threatened with extinction, many within the next few decades;
    24    (i) Globally, eighteen of the nineteen hottest years  on  record  have
    25  occurred since two thousand one;
    26    (j) The state of New York is particularly vulnerable to the effects of
    27  climate  change  and has already been subjected to devastating disasters
    28  caused by global warming, including increasing  superstorms  and  severe
    29  flooding;
    30    (k)  Marginalized  populations in the state of New York and worldwide,
    31  including people of color, immigrants, indigenous  communities,  low-in-
    32  come individuals, people with disabilities, and the unhoused are already
    33  disproportionately affected by climate change, and will continue to bear
    34  an  excess  burden  as temperatures increase, oceans rise, and disasters
    35  worsen;
    36    (l) Restoring a safe and stable  climate  and  reversing  biodiversity
    37  loss  requires an emergency mobilization on a scale not seen since World
    38  War II to attain zero greenhouse gas emissions  across  all  sectors  at
    39  wartime  speed,  to  rapidly  and  safely draw down or remove all excess
    40  carbon from the atmosphere, and to implement  measures  to  protect  all
    41  people  and  species  from the consequences of abrupt climate change and
    42  ecological destruction;
    43    (m) Building a society that is resilient to the current, expected, and
    44  potential effects of climate change will protect health, lives, environ-
    45  ments, and economies.  Resilience is best achieved by preparing for  the
    46  most dramatic potential consequences of climate change; and
    47    (n) Justice demands climate policy that addresses the specific experi-
    48  ences,  vulnerabilities,  and needs of the marginalized communities most
    49  affected by the effects of climate change, and includes  those  communi-
    50  ties in climate and ecological resilience planning, policy and actions.
    51    2.  It is hereby declared to be the policy of the state of New York to
    52  restore an optimal safe climate and to provide maximum  protection  from
    53  climate  change  to all people and species, globally, including the most
    54  vulnerable.
    55    3. It is the intent of the legislature that the state do  all  of  the
    56  following in furtherance of such policy:

        A. 411                              3
     1    (a) Convert the economy to net zero greenhouse gas emissions as quick-
     2  ly as possible.
     3    (b)  Immediately  initiate  a  multigenerational  effort  to draw down
     4  greenhouse gases already in the atmosphere in as short a time as  possi-
     5  ble, and develop research in support of this goal.
     6    (c) Immediately initiate a massive effort to restore ecosystems.
     7    (d) Respond to the climate emergency based on a just transition frame-
     8  work  that  focuses  on  equity, self-determination, culture, tradition,
     9  democracy, and the fundamental human right of all people to clean, heal-
    10  thy, and adequate air, water, land, food, education, and shelter.
    11    (e) Engage the public in  climate-emergency-related  deliberations  so
    12  that  citizens  can see their influence on the policy and resource deci-
    13  sions that impact their daily lives and their future.
    14    (f) Encourage nongovernment actors to contribute  to  the  development
    15  and implementation of solutions.
    16    (g)  A  sweeping  overhaul  of  the economy that centers on equity and
    17  justice in its solutions is vital to our future  and  must  include  the
    18  following  goals:  dramatically  expand existing renewable power sources
    19  and deploy new production capacity with the goal of meeting one  hundred
    20  per  centum  of national power demand through renewable sources; build a
    21  national, energy-efficient, "smart" grid; upgrade every residential  and
    22  industrial  building for state-of-the-art energy efficiency, comfort and
    23  safety; eliminate greenhouse gas emissions from manufacturing,  agricul-
    24  tural  and other industries, including by investing in local-scale agri-
    25  culture in communities across the country; repair and improve  transpor-
    26  tation  and  other  infrastructure,  and upgrade water infrastructure to
    27  ensure universal access to clean water; fund massive investment  in  the
    28  drawdown  of  greenhouse  gases;  and make "green" technology, industry,
    29  expertise, products and services a major export of  the  United  States,
    30  with the aim of becoming the international leader in helping other coun-
    31  tries  become  greenhouse  gas  neutral  economies  and bringing about a
    32  global transition.
    33    (h) Support efforts for an emergency mobilization to  restore  a  safe
    34  climate in other states and at the federal and global level.
    35    §  2.  Article  23 of the environmental conservation law is amended by
    36  adding a new title 29 to read as follows:
    37                                  TITLE 29
    39  Section 23-2901. Ban on new fossil fuel infrastructure.
    40  § 23-2901. Ban on new fossil fuel infrastructure.
    41    1. Legislative intent. New York state faces  an  existential  climate,
    42  ecological, economic, and security emergency which threatens our munici-
    43  palities,  state,  nation, and the world; a World War II-scale mobiliza-
    44  tion is needed to eliminate  greenhouse  gas  emissions.    Human-caused
    45  climate  change and air pollution are due to using fossil fuels. Climate
    46  change disproportionately impacts communities of color, children, elder-
    47  ly, Native Americans, indigenous peoples, the ill,  the  poor,  farmers,
    48  and  future generations.  The state shall promote a controlled reduction
    49  of fossil fuel utilization and a transition to clean,  renewable  energy
    50  for  the  purpose  of  improving  safety,  public  health, environmental
    51  protection, economic growth, and energy reliability as well as providing
    52  cost savings, creating jobs, and preventing climate catastrophe.
    53    2. For the purposes of this section, "fossil fuel"  shall  mean  coal,
    54  petroleum products and fuel gases.
    55    3.  For  the  purposes  of  this section, "fossil fuel infrastructure"
    56  shall mean a structure, such as a natural gas plant, coal  power  plant,

        A. 411                              4
     1  natural  gas  compressor  station,  or ancillary facilities used to move
     2  fossil fuel from one location to another, such as a natural gas  or  oil
     3  pipeline.  The  phrase  does  not include: motor vehicles; gas stations;
     4  underground  tanks  or  pipes  located  on  the  site of a motor vehicle
     5  service station; retail, manufacturing or other facilities not primarily
     6  used to produce or store fossil fuels; retail products; or pipes leading
     7  to a residential or commercial building from a fuel tank to  which  fuel
     8  is delivered by motor vehicle.  Furthermore it includes:
     9    a.  large-scale  uses and facilities engaged in the wholesale distrib-
    10  ution, extraction, refinement or processing of fossil fuels;
    11    b. terminals engaged in the bulk movement of fossil  fuels,  excluding
    12  rail yards, fuel storage for airports and marine servicing facilities;
    13    c.  bulk  storage of fossil fuels in excess of two million gallons and
    14  fossil fuel facilities that do not provide direct sale  or  distribution
    15  to consumers; and
    16    d.  any  additional  meaning  of  fossil  fuel  infrastructure for the
    17  purposes of this section shall be  determined  by  the  commissioner  in
    18  accordance with the primary intent of this section.
    19    e.  This  ban  shall  not  apply  to  uses and facilities necessary to
    20  address a bona  fide  imminent  threat  to  public  health,  safety  and
    21  welfare.  This ban shall also not apply to uses and facilities necessary
    22  for public safety, including, but  not  limited  to,  police,  fire  and
    23  rescue agencies.
    24    4.  A  ban shall be established on any and all new fossil fuel infras-
    25  tructure projects including as it relates to the distribution,  process-
    26  ing,  storage,  or extraction of fossil fuels. No new permits, licenses,
    27  or any form of permission shall be  granted  for  any  new  fossil  fuel
    28  infrastructure  project  nor shall any funding, investment, or any other
    29  financial assistance be granted to any new  fossil  fuel  infrastructure
    30  project  as  long as there are economically and technologically feasible
    31  alternatives to ensure energy reliability. This section shall not  apply
    32  to the repair or maintenance of existing infrastructure as of the effec-
    33  tive  date  of this section. Such ban shall apply to the entirety of the
    34  state including all departments, agencies, offices, municipalities,  and
    35  any other governmental body.
    36    5. The ban shall be lifted upon an act of the legislature.
    37    § 3. This act shall take effect immediately.
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