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A03876 Summary:

BILL NOA03876A
 
SAME ASSAME AS UNI. S02992-A
 
SPONSOREnglebright (MS)
 
COSPNSRLifton, Fahy, Ortiz, Cahill, Walker, Carroll, Rosenthal L, Thiele, Jaffee, Simon, Otis, Dinowitz, Williams, Rozic, Abinanti, Mosley, Barrett, Steck, Galef, Gottfried, Lupardo, Pheffer Amato, De La Rosa, Jean-Pierre, Colton, Cusick, Peoples-Stokes, Seawright, Pichardo, Weprin, Simotas, Glick, Fernandez, D'Urso, O'Donnell, Griffin, Reyes, Burke, Solages, Romeo, Stirpe, Magnarelli, Epstein, Taylor, Fall, Cruz, Stern, Santabarbara, Bronson, Barnwell, Davila, Hevesi, Niou, Hunter, Miller MG, Benedetto, Rodriguez, Quart, Wright, Hyndman, Crespo, Frontus, Ryan, Sayegh, Barron, Pretlow, Gunther, Richardson, Raynor, Kim, McMahon, Dickens, Jacobson
 
MLTSPNSRDenDekker, Lentol, Nolan, Paulin, Ramos
 
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-kk, 1020-ll & 1020-ll to be 1020-xx, 1020-yy & 1020-zz, add 1020-kk, 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.
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A03876 Actions:

BILL NOA03876A
 
01/31/2019referred to environmental conservation
02/05/2019reported referred to ways and means
06/11/2019reported referred to rules
06/16/2019amend and recommit to rules 3876a
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A03876 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2992--A                                            A. 3876--A
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 31, 2019
                                       ___________
 
        IN  SENATE  --  Introduced  by Sens. KAMINSKY, HOYLMAN, ADDABBO, BAILEY,
          BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANAR-
          IS, GOUNARDES, HARCKHAM, JACKSON, KAPLAN, KAVANAGH, KENNEDY,  KRUEGER,
          LIU,   MARTINEZ,  MAY,  MAYER,  METZGER,  MONTGOMERY,  MYRIE,  PARKER,
          PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, SKOUFIS,
          STAVISKY, THOMAS -- read twice and ordered printed, and  when  printed
          to  be  committed  to  the  Committee on Environmental Conservation --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        IN  ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT, LIFTON, FAHY, ORTIZ,
          CAHILL, WALKER, CARROLL, L. ROSENTHAL, THIELE,  JAFFEE,  SIMON,  OTIS,
          DINOWITZ,  WILLIAMS,  ROZIC,  ABINANTI, MOSLEY, BARRETT, STECK, GALEF,
          GOTTFRIED, LUPARDO, PHEFFER AMATO,  DE LA ROSA,  JEAN-PIERRE,  COLTON,
          CUSICK,  PEOPLES-STOKES,  SEAWRIGHT, PICHARDO, WEPRIN, SIMOTAS, GLICK,
          FERNANDEZ, D'URSO, O'DONNELL, GRIFFIN, REYES, BURKE,  SOLAGES,  ROMEO,
          STIRPE,  MAGNARELLI, EPSTEIN, TAYLOR, FALL, CRUZ, STERN, SANTABARBARA,
          BRONSON, BARNWELL, DAVILA, HEVESI, NIOU, HUNTER,  M. G. MILLER,  BENE-
          DETTO,  RODRIGUEZ,  QUART,  WRIGHT,  HYNDMAN,  CRESPO,  FRONTUS, RYAN,
          SAYEGH, BARRON, PRETLOW, GUNTHER, RICHARDSON,  RAYNOR,  KIM,  McMAHON,
          DICKENS, JACOBSON -- Multi-Sponsored by -- M. of A. DenDEKKER, LENTOL,
          NOLAN,  PAULIN,  RAMOS  --  read once and referred to the Committee on
          Environmental Conservation -- reported and referred to  the  Committee
          on  Ways  and Means -- reported and referred to the Committee on Rules
          -- Rules Committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to the Committee on Rules
 
        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
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05372-07-9

        S. 2992--A                          2                         A. 3876--A
 
     1    Section 1. Legislative findings and declaration. The legislature here-
     2  by  enacts the "New York state climate and community protection act" and
     3  finds and declares that:
     4    1.  Climate  change is adversely affecting economic well-being, public
     5  health, natural resources, and the environment of New York. The  adverse
     6  impacts of climate change include:
     7    a.  an  increase  in  the  severity  and  frequency of extreme weather
     8  events, such as storms, flooding, and heat waves, which can cause direct
     9  injury or death, property damage, and ecological damage  (e.g.,  through
    10  the release of hazardous substances into the environment);
    11    b.  rising  sea  levels, which exacerbate damage from storm surges and
    12  flooding, contribute to coastal erosion  and  saltwater  intrusion,  and
    13  inundate  low-lying  areas,  leading to the displacement of or damage to
    14  coastal habitat, property, and infrastructure;
    15    c. a decline in freshwater and saltwater fish populations;
    16    d. increased average temperatures, which increase the demand  for  air
    17  conditioning and refrigeration among residents and businesses;
    18    e. exacerbation of air pollution; and
    19    f.  an  increase  in  the  incidences  of  infectious diseases, asthma
    20  attacks, heart  attacks,  and  other  negative  health  outcomes.  These
    21  impacts  are  having  a detrimental effect on some of New York's largest
    22  industries, including agriculture, commercial shipping, forestry,  tour-
    23  ism,  and  recreational and commercial fishing. These impacts also place
    24  additional strain on the physical infrastructure that delivers  critical
    25  services  to  the  citizens  of  New York, including the state's energy,
    26  transportation, stormwater, and wastewater infrastructure.
    27    2. a. The severity of current climate change and the threat  of  addi-
    28  tional and more severe change will be affected by the actions undertaken
    29  by  New York and other jurisdictions to reduce greenhouse gas emissions.
    30  According to the U.S. Global Change Research Program  (USGCRP)  and  the
    31  Intergovernmental Panel on Climate Change (IPCC), substantial reductions
    32  in  greenhouse gas emissions will be required by mid-century in order to
    33  limit global warming to no more than 2°C and  ideally  1.5°C,  and  thus
    34  minimize  the  risk of severe impacts from climate change. Specifically,
    35  industrialized countries must reduce their greenhouse gas  emissions  by
    36  at  least  80%  below  1990  levels by 2050 in order to stabilize carbon
    37  dioxide equivalent concentrations at 450 parts  per  million--the  level
    38  required to stay within the 2°C target.
    39    b. On December 12, 2015, one hundred ninety-five countries at the 21st
    40  Conference  of the parties of the United Nations Framework Convention on
    41  Climate Change adopted an agreement addressing greenhouse gas  emissions
    42  mitigation,  adaptation, and finance starting in the year 2020, known as
    43  the Paris Agreement. The Paris Agreement  was  adopted  on  November  4,
    44  2016,  and  is  the  largest  concerted  global effort to combat climate
    45  change to date.
    46    3. Action undertaken by New York to reduce greenhouse  emissions  will
    47  have  an  impact  on  global  greenhouse  gas  emissions and the rate of
    48  climate change. In addition, such action will encourage other  jurisdic-
    49  tions to implement complementary greenhouse gas reduction strategies and
    50  provide  an  example  of how such strategies can be implemented. It will
    51  also advance the development of green technologies and sustainable prac-
    52  tices within the private sector, which  can  have  far-reaching  impacts
    53  such  as a reduction in the cost of renewable energy components, and the
    54  creation of jobs and tax revenues in New York.
    55    4. It shall therefore be a goal of the state of  New  York  to  reduce
    56  greenhouse  gas  emissions from all anthropogenic sources 100% over 1990

        S. 2992--A                          3                         A. 3876--A

     1  levels by the year 2050, with an incremental target of  at  least  a  40
     2  percent  reduction  in  climate pollution by the year 2030, in line with
     3  USGCRP and IPCC projections of what  is  necessary  to  avoid  the  most
     4  severe impacts of climate change.
     5    5.  Although  substantial  emissions reductions are necessary to avoid
     6  the most severe impacts  of  climate  change,  complementary  adaptation
     7  measures  will  also  be  needed  to  address those risks that cannot be
     8  avoided. Some of the impacts of climate change are already observable in
     9  New York state  and  the  northeastern  United  States.  Annual  average
    10  temperatures  are  on  the  rise,  winter snow cover is decreasing, heat
    11  waves and precipitation are  intensifying,  and  sea  levels  along  New
    12  York's  coastline  are  approximately  one foot higher than they were in
    13  1900.  New York has also experienced an increasing number of extreme and
    14  unusual  weather  events,  like  Hurricanes  Irene  and  Lee   and   the
    15  unprecedented  Superstorm Sandy in 2012, which caused at least 53 deaths
    16  and $32 billion in damage in New York state.
    17    6. New York  should  therefore  minimize  the  risks  associated  with
    18  climate  change  through  a  combination of measures to reduce statewide
    19  greenhouse gas emissions and improve the resiliency of  the  state  with
    20  respect  to  the  impacts  and  risks  of  climate change that cannot be
    21  avoided.
    22    7. Climate change especially heightens the vulnerability of  disadvan-
    23  taged communities, which bear environmental and socioeconomic burdens as
    24  well as legacies of racial and ethnic discrimination. Actions undertaken
    25  by New York state to mitigate greenhouse gas emissions should prioritize
    26  the  safety  and  health of disadvantaged communities, control potential
    27  regressive impacts of future climate change  mitigation  and  adaptation
    28  policies  on  these communities, and prioritize the allocation of public
    29  investments in these areas.
    30    8. Creating good jobs and a thriving economy is a core concern of  New
    31  York  state.    Shaping  the  ongoing transition in our energy sector to
    32  ensure that it creates good jobs and protects  workers  and  communities
    33  that  may lose employment in the current transition must be key concerns
    34  of our climate policy. Setting  clear  standards  for  job  quality  and
    35  training  standards  encourages  not only high-quality work but positive
    36  economic impacts.
    37    9. Workers are at the front lines of  climate  change.    Construction
    38  workers  and  building  service  workers  were some of the first workers
    39  dedicated to cleaning up damage inflicted by recent storms. These  work-
    40  ers  were  often operating in unsafe and toxic environments, cleaning up
    41  mold, and working in unstable buildings. In order to protect the  health
    42  and  welfare of these workers, it is in the interest of the state of New
    43  York to establish safe and healthy working conditions and proper  train-
    44  ing  for workers involved in climate change related activities. In addi-
    45  tion, much of the infrastructure work preparing our state for additional
    46  climate change events must happen quickly and efficiently. It is in  the
    47  interest  of  the  state  to  ensure labor harmony and promote efficient
    48  performance of work on climate change related work  sites  by  requiring
    49  workers to be well-trained and adequately compensated.
    50    10.  Ensuring  career  opportunities  are created and shared geograph-
    51  ically and demographically is necessary to ensure  increased  access  to
    52  good  jobs  for marginalized communities while making the same neighbor-
    53  hoods more resilient.  Climate change has a disproportionate  impact  on
    54  low-income  people,  women,  and  workers.  It is in the interest of the
    55  state of New York to protect and promote the interests of  these  groups
    56  against  the  impacts of climate change and severe weather events and to

        S. 2992--A                          4                         A. 3876--A
 
     1  advance our equity goals by ensuring quality employment opportunities in
     2  safe working environments.
     3    11.  The  complexity  of  the  ongoing  energy  transition, the uneven
     4  distribution of economic opportunity, and the  disproportionate  cumula-
     5  tive  economic  and environmental burdens on communities mean that there
     6  is a strong state interest in setting a floor statewide for labor stand-
     7  ards, but allowing and encouraging individual agencies and local govern-
     8  ments to raise standards.
     9    12. By exercising a global leadership role  on  greenhouse  gas  miti-
    10  gation  and climate change adaptation, New York will position its econo-
    11  my, technology centers, financial institutions, and businesses to  bene-
    12  fit  from  national and international efforts to address climate change.
    13  New York state has already  demonstrated  leadership  in  this  area  by
    14  undertaking efforts such as:
    15    a. executive order no. 24 (2009), establishing a goal to reduce green-
    16  house  gas  emissions  80%  by  the year 2050, creating a climate action
    17  council, and calling for preparation of a climate action plan;
    18    b. chapter 433 of the laws of 2009, establishing a state energy  plan-
    19  ning board and requiring the board to adopt a state energy plan;
    20    c.  chapter 388 of the laws of 2011, directing the department of envi-
    21  ronmental conservation to  promulgate  rules  and  regulations  limiting
    22  emissions of carbon dioxide by newly constructed major generating facil-
    23  ities;
    24    d. the adoption of a state energy plan establishing clean energy goals
    25  for  the  year  2030 aimed at reducing greenhouse gas emission levels by
    26  40% from 1990 levels, producing 70% of electricity from renewable sourc-
    27  es, increasing energy efficiency from 2012 levels by 23% and  the  addi-
    28  tional  expressed  goal  of  reducing  100%  of the electricity sector's
    29  greenhouse gas emissions by 2040;
    30    e. collaboration with other states  on  the  Regional  Greenhouse  Gas
    31  Initiative, and the development of a regional low carbon fuel standard;
    32    f.  creation of new offices and task forces to address climate change,
    33  including the New York state office of  climate  change,  the  renewable
    34  energy task force, and the sea level rise task force; and
    35    g.  the  enactment  of  the  Community Risk and Resiliency Act (CRRA),
    36  which requires agencies to consider sea level rise and other climate-re-
    37  lated events when implementing certain state programs.
    38    This legislation will build upon these past developments by creating a
    39  comprehensive regulatory program to reduce greenhouse gas emissions that
    40  corresponds with the targets established in executive order no. 24,  the
    41  state energy plan, and USGCRP and IPCC projections.
    42    §  2.  The  environmental  conservation law is amended by adding a new
    43  article 75 to read as follows:
    44                                 ARTICLE 75
    45                               CLIMATE CHANGE
    46  Section 75-0101. Definitions.
    47          75-0103. New York state climate action council.
    48          75-0105. Statewide greenhouse gas emissions report.
    49          75-0107. Statewide greenhouse gas emissions limits.
    50          75-0109. Promulgation of regulations to achieve statewide green-
    51                     house gas emissions reductions.
    52          75-0111. Climate justice working group.
    53          75-0113. Value of carbon.
    54          75-0115. Community air monitoring program.
    55          75-0117. Investment of funds.
    56          75-0119. Implementation reporting.

        S. 2992--A                          5                         A. 3876--A

     1  § 75-0101. Definitions.
     2    For  the  purposes  of this article the following terms shall have the
     3  following meanings:
     4    1. "Allowance" means an authorization  to  emit,  during  a  specified
     5  year, up to one ton of carbon dioxide equivalent.
     6    2.  "Carbon  dioxide equivalent" means the amount of carbon dioxide by
     7  mass that would produce the same global warming impact as a  given  mass
     8  of  another  greenhouse  gas  over  an integrated twenty-year time frame
     9  after emission.
    10    3. "Co-pollutants" means hazardous air pollutants produced  by  green-
    11  house gas emissions sources.
    12    4.  "Council"  means  the New York state climate action council estab-
    13  lished pursuant to section 75-0103 of this article.
    14    5. "Disadvantaged communities" means communities that bear burdens  of
    15  negative  public  health  effects,  environmental  pollution, impacts of
    16  climate change, and possess certain socioeconomic criteria, or  comprise
    17  high-concentrations  of low- and moderate- income households, as identi-
    18  fied pursuant to section 75-0111 of this article.
    19    6. "Emissions reduction measures" means programs, measures and  stand-
    20  ards,  authorized  pursuant  to  this  chapter, applicable to sources or
    21  categories of sources, that are designed to reduce emissions  of  green-
    22  house gases.
    23    7.  "Greenhouse  gas"  means  carbon  dioxide, methane, nitrous oxide,
    24  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other
    25  substance emitted into the air that may  be  reasonably  anticipated  to
    26  cause or contribute to anthropogenic climate change.
    27    8.  "Greenhouse  gas emission limit" means the maximum allowable level
    28  of statewide greenhouse gas emissions, in a specified year, expressed in
    29  tons of carbon dioxide  equivalent,  as  determined  by  the  department
    30  pursuant to this article.
    31    9. "Greenhouse gas emission offset" means a deduction representing one
    32  metric  ton of carbon dioxide equivalent emissions, reduced, avoided, or
    33  sequestered by a greenhouse gas emission offset project from a  measured
    34  baseline of emissions pursuant to the statewide greenhouse gas emissions
    35  report.
    36    10.  "Greenhouse  gas  emission  offset  projects"  means  one or more
    37  projects, including:
    38    a. Natural carbon sinks including but not  limited  to  afforestation,
    39  reforestation, or wetlands restoration;
    40    b. Greening infrastructure;
    41    c. Restoration and sustainable management of natural and urban forests
    42  or working lands, grasslands, coastal wetlands and sub-tidal habitats;
    43    d.  Efforts to reduce hydrofluorocarbon refrigerant, sulfur hexafluor-
    44  ide, and other ozone depleting substance releases;
    45    e. Anaerobic digesters,  where  energy  produced  is  directed  toward
    46  localized use;
    47    f. Carbon capture and sequestration;
    48    g. Ecosystem restoration; and
    49    h.  Other types of projects recommended by the council in consultation
    50  with the climate justice working group that provide  public  health  and
    51  environmental  benefits,  and  do  not  create  burdens in disadvantaged
    52  communities.
    53    11. "Greenhouse gas emission source" or "source" means  any  anthropo-
    54  genic  source  or  category  of  anthropogenic sources of greenhouse gas
    55  emissions, determined by the department:

        S. 2992--A                          6                         A. 3876--A
 
     1    a. whose participation in the program will enable  the  department  to
     2  effectively reduce greenhouse gas emissions; and,
     3    b. that are capable of being monitored for compliance.
     4    12. "Leakage" means a reduction in emissions of greenhouse gases with-
     5  in  the  state  that is offset by an increase in emissions of greenhouse
     6  gases outside of the state.
     7    13. "Statewide greenhouse gas emissions" means the total annual  emis-
     8  sions  of  greenhouse gases produced within the state from anthropogenic
     9  sources and greenhouse gases produced outside  of  the  state  that  are
    10  associated  with  the  generation of electricity imported into the state
    11  and the extraction and transmission of fossil fuels  imported  into  the
    12  state.  Statewide emissions shall be expressed in tons of carbon dioxide
    13  equivalents.
    14    14. "Statewide greenhouse gas emissions limit" or "statewide emissions
    15  limit"  means  the  maximum  allowable level of statewide greenhouse gas
    16  emissions in a specified year, as determined by the department  pursuant
    17  to this article.
    18    15.  "Environmental  justice  advisory group" shall mean the permanent
    19  environmental justice advisory group established by  a  chapter  of  the
    20  laws  of  two  thousand nineteen amending the environmental conservation
    21  law relating to establishing a permanent environmental justice  advisory
    22  group  and an environmental justice interagency coordinating council, as
    23  proposed in legislative bills numbers S. 2385 and A. 1564.
    24  § 75-0103. New York state climate action council.
    25    1. There is hereby established the New York state climate action coun-
    26  cil ("council") which shall consist of the following twenty-two members:
    27    a. the commissioners of transportation, health, economic  development,
    28  agriculture  and  markets,  housing and community renewal, environmental
    29  conservation, labor, the chairperson of the public  service  commission,
    30  the  presidents  of  the  New York state energy research and development
    31  authority; New York power authority; Long Island  power  authority;  the
    32  secretary of state, or their designees.
    33    b. two non-agency expert members appointed by the governor;
    34    c.  three  members  to  be appointed by the temporary president of the
    35  senate;
    36    d. three members to be appointed by the speaker of the assembly;
    37    e. one member to be appointed by the minority leader  of  the  senate;
    38  and
    39    f. one member to be appointed by the minority leader of the assembly.
    40    2.  The  at  large members shall include at all times individuals with
    41  expertise in issues relating to climate change mitigation and/or adapta-
    42  tion, such as environmental justice, labor, public health and  regulated
    43  industries.
    44    3.  Council  members  shall receive no compensation for their services
    45  but shall be reimbursed for actual and necessary  expenses  incurred  in
    46  the performance of their duties.
    47    4.  The  co-chairpersons  of  the council shall be the commissioner of
    48  environmental conservation and the president of the New York state ener-
    49  gy research and development authority or their designee.
    50    5. Each member of the council shall be entitled to one vote. The coun-
    51  cil's approval and adoption of the final scoping plan pursuant  to  this
    52  section,  and  any  subsequent  interim updates thereto, shall require a
    53  supermajority of the council. No action may  be  taken  by  the  council
    54  unless  there is a quorum, which shall at all times be a majority of the
    55  members of the council.

        S. 2992--A                          7                         A. 3876--A
 
     1    6. Any vacancies on the council shall be filled in the manner provided
     2  for the initial appointment.
     3    7.  The council shall convene advisory panels requiring special exper-
     4  tise and, at a minimum, shall establish advisory panels  on  transporta-
     5  tion,  energy intensive and trade-exposed industries, land-use and local
     6  government, energy efficiency and housing, power generation,  and  agri-
     7  culture  and  forestry.   The purpose of the advisory panels shall be to
     8  provide recommendations to the council on specific topics, in its prepa-
     9  ration of the scoping plan, and interim updates to the scoping plan, and
    10  in fulfilling the council's ongoing duties.
    11    a. Each advisory panel shall be chaired by the relevant agency head or
    12  his or her designee.  The council may convene  and  dissolve  additional
    13  advisory  panels,  in  its sole discretion, and pursuant to the require-
    14  ments herein.
    15    b. Advisory panels shall be comprised of no  fewer  than  five  voting
    16  members.    The  council  shall  elect  advisory panel members, and such
    17  membership shall at all times represent individuals with direct involve-
    18  ment or expertise in matters to be  addressed  by  the  advisory  panels
    19  pursuant to this section.
    20    c.  Advisory panels shall work directly with the council on the prepa-
    21  ration of the scoping plan pursuant to this section. Each advisory panel
    22  shall coordinate with  the  environmental  justice  advisory  group  and
    23  climate justice working group.
    24    d.  All  agencies  of  the  state  or subdivisions thereof may, at the
    25  request of any such advisory panel or the council, provide the  advisory
    26  panel with such facilities, assistance, and data as will enable advisory
    27  panels to carry out their powers and duties.
    28    8.  The  council  shall  convene  a just transition working group. The
    29  working group shall be chaired by the  commissioner  of  labor  and  the
    30  president of the New York state energy research and development authori-
    31  ty  and  shall consist of no less than thirteen, but no more than seven-
    32  teen members and shall include the commissioners of housing and communi-
    33  ty  renewal,  the  chair  of   the   department   of   public   service,
    34  representatives of environmental justice communities and representatives
    35  of labor organizations, clean energy developers and at least five repre-
    36  sentatives of distinct energy-intensive industries.  The just transition
    37  working group shall:
    38    a. advise the council on issues and opportunities for workforce devel-
    39  opment  and  training  related  to energy efficiency measures, renewable
    40  energy and other clean  energy  technologies,  with  specific  focus  on
    41  training  and workforce opportunities for disadvantaged communities, and
    42  segments of the population that may be  underrepresented  in  the  clean
    43  energy  workforce  such  as  veterans,  women  and formerly incarcerated
    44  persons;
    45    b. identify energy-intensive industries and related trades and identi-
    46  fy sector specific impacts of the state's current workforce and  avenues
    47  to  maximize  the  skills and expertise of New York state workers in the
    48  new energy economy;
    49    c. identify sites of electric generating facilities that may be closed
    50  as a result of a transition to a clean energy sector and the issues  and
    51  opportunities presented by reuse of those sites;
    52    d. with respect to potential for greenhouse gas emission limits devel-
    53  oped  by  the  department of environmental conservation pursuant to this
    54  article, advise the council on the potential impacts of  carbon  leakage
    55  risk  on New York state industries and local host communities, including

        S. 2992--A                          8                         A. 3876--A
 
     1  the impact of any potential carbon reduction measures  on  the  competi-
     2  tiveness of New York state business and industry;
     3    e.  advise  the  council and conduct stakeholder outreach on any other
     4  workforce matters directed by the council; and
     5    f. at a time frame determined by  the  council,  prepare  and  publish
     6  recommendations  to  the  council on how to address: issues and opportu-
     7  nities related to the energy-intensive and trade-exposed entities; work-
     8  force development for trade-exposed entities, disadvantaged  communities
     9  and  underrepresented  segments  of the population; measures to minimize
    10  the carbon leakage risk and minimize anti-competitiveness impacts of any
    11  potential carbon policies and energy sector mandates.
    12    g. The  just  transitions  working  group  is  hereby  authorized  and
    13  directed to conduct a study of and report on:
    14    i.  The  number of jobs created to counter climate change, which shall
    15  include but not be limited to the energy sector, building sector, trans-
    16  portation sector, and working lands sector;
    17    ii. The projection of the inventory of jobs needed and the skills  and
    18  training  required to meet the demand of jobs to counter climate change;
    19  and
    20    iii. Workforce disruption due to  community  transitions  from  a  low
    21  carbon economy.
    22    9.  The  department  and  NYSERDA  New  York State energy research and
    23  development authority shall provide the council  with  such  facilities,
    24  assistance  and  data as will enable the council to carry out its powers
    25  and duties. Additionally, all other agencies of the  state  or  subdivi-
    26  sions  thereof  may,  at the request of the co-chairpersons, provide the
    27  council with such facilities, assistance, and data as  will  enable  the
    28  council to carry out its powers and duties.
    29    10.  The  council shall consult with the climate justice working group
    30  established in section 75-0111 of this article, the department of  state
    31  utility  intervention  unit,  and the federally designated electric bulk
    32  system operator.
    33    11. The council shall on or before two years of the effective date  of
    34  this article, prepare and approve a scoping plan outlining the recommen-
    35  dations  for  attaining the statewide greenhouse gas emissions limits in
    36  accordance with the schedule established  in  section  75-0107  of  this
    37  article which shall inform the state energy planning board's adoption of
    38  a  state energy plan in accordance with section 6-104 of the energy law.
    39  The first state energy plan issued subsequent to completion of the scop-
    40  ing plan required by this section shall incorporate the  recommendations
    41  of the council.
    42    12. The draft scoping plan shall be developed in consultation with the
    43  environmental  justice  advisory  group, and the climate justice working
    44  group established pursuant to section 75-0111 of this article and  other
    45  stakeholders.
    46    a.  The  council shall hold at least six regional public comment hear-
    47  ings on the draft scoping plan, including three meetings in the  upstate
    48  region  and  three  meetings in the downstate region, and shall allow at
    49  least one hundred twenty days for the submission of public comment.
    50    b. The council  shall  provide  meaningful  opportunities  for  public
    51  comment  from all segments of the population who will be impacted by the
    52  plan, including persons living in disadvantaged communities  as  identi-
    53  fied pursuant to section 75-0111 of this article.
    54    c.  On  or before thirty months of the effective date of this article,
    55  the council shall submit the final scoping plan  to  the  governor,  the

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     1  speaker  of  the  assembly and the temporary president of the senate and
     2  post such plan on its website.
     3    13.  The scoping plan shall identify and make recommendations on regu-
     4  latory measures and other state actions that will ensure the  attainment
     5  of the statewide greenhouse gas emissions limits established pursuant to
     6  section  75-0107 of this article. The measures and actions considered in
     7  such scoping plan shall at a minimum include:
     8    a. Performance-based standards for sources  of  greenhouse  gas  emis-
     9  sions,  including  but  not  limited  to  sources in the transportation,
    10  building, industrial, commercial, and agricultural sectors.
    11    b. Measures  to  reduce  emissions  from  the  electricity  sector  by
    12  displacing  fossil-fuel  fired electricity with renewable electricity or
    13  energy efficiency.
    14    c. Land-use and transportation planning  measures  aimed  at  reducing
    15  greenhouse gas emissions from motor vehicles.
    16    d.  Measures  to achieve long-term carbon sequestration and/or promote
    17  best management practices in land use, agriculture and forestry.
    18    e. Measures to achieve  six  gigawatts  of  distributed  solar  energy
    19  capacity  installed in the state by two thousand twenty-five, nine giga-
    20  watts of offshore wind capacity installed by two thousand thirty-five, a
    21  statewide energy efficiency goal of  one  hundred  eighty-five  trillion
    22  British thermal units energy reduction from the two thousand twenty-five
    23  forecast;  and  three  gigawatts of statewide energy storage capacity by
    24  two thousand thirty.
    25    f. Measures to promote the beneficial electrification of personal  and
    26  freight  transport  and  other strategies to reduce greenhouse gas emis-
    27  sions from the transportation sector.
    28    g. Measures to achieve reductions in energy use in  existing  residen-
    29  tial  or  commercial buildings, including the beneficial electrification
    30  of water and space heating in buildings,  establishing  appliance  effi-
    31  ciency  standards, strengthening building energy codes, requiring annual
    32  building energy  benchmarking,  disclosing  energy  efficiency  in  home
    33  sales, and expanding the ability of state facilities to utilize perform-
    34  ance contracting.
    35    h. Recommendations to aid in the transition of the state workforce and
    36  the rapidly emerging clean energy industry.
    37    i.  Measures  to  achieve  healthy  forests that support clean air and
    38  water, biodiversity, and sequester carbon.
    39    j. Measures to limit the use of chemicals, substances or products that
    40  contribute to global climate change when released to the atmosphere, but
    41  are not intended for end-use combustion.
    42    k. Mechanisms to limit emission  leakage  as  defined  in  subdivision
    43  eleven of section 75-0101 of this article.
    44    l. Verifiable, enforceable and voluntary emissions reduction measures.
    45    14. In developing such plan the council shall:
    46    a.  Consider  all  relevant  information  pertaining to greenhouse gas
    47  emissions reduction programs in states  in  the  United  States  Climate
    48  Alliance, as well as other states, regions, localities, and nations.
    49    b.  Evaluate, using the best available economic models, emission esti-
    50  mation techniques and other  scientific  methods,  the  total  potential
    51  costs  and  potential economic and non-economic benefits of the plan for
    52  reducing greenhouse gases, and make such evaluation publicly  available.
    53  In conducting this evaluation, the council shall quantify:
    54    i.  The  economic  and  social  benefits  of  greenhouse gas emissions
    55  reductions, taking into account the value of carbon, established by  the
    56  department  pursuant to section 75-0113 of this article, any other tools

        S. 2992--A                         10                         A. 3876--A
 
     1  that the council deems useful and pertinent for this analysis,  and  any
     2  environmental,  economic  and  public  health  co-benefits  (such as the
     3  reduction of co-pollutants and the diversification of  energy  sources);
     4  and
     5    ii.  The  costs of implementing proposed emissions reduction measures,
     6  and the emissions reductions  that  the  council  anticipates  achieving
     7  through these measures.
     8    c.  Take  into  account  the  relative  contribution of each source or
     9  source category to statewide greenhouse gas emissions, and the potential
    10  for adverse effects on small businesses,  and  recommend  a  de  minimis
    11  threshold  of  greenhouse  gas  emissions below which emission reduction
    12  requirements will not apply.
    13    d. Identify measures to maximize reductions  of  both  greenhouse  gas
    14  emissions  and  co-pollutants in disadvantaged communities as identified
    15  pursuant to section 75-0111 of this article.
    16    15. The council shall update its  plan  for  achieving  the  statewide
    17  greenhouse gas emissions limits at least once every five years and shall
    18  make such updates available to the governor, the speaker of the assembly
    19  and  the  temporary president of the senate and post such updates on its
    20  website.
    21    16. The council shall identify existing climate change mitigation  and
    22  adaptation  efforts at the federal, state, and local levels and may make
    23  recommendations regarding how such  policies  may  improve  the  state's
    24  efforts.
    25    17.  The  council shall maintain a website that includes public access
    26  to the scoping plan and greenhouse gas limit information.
    27  § 75-0105. Statewide greenhouse gas emissions report.
    28    1. No later than one year after the effective date  of  this  article,
    29  and  each year thereafter, the department shall issue a report on state-
    30  wide greenhouse gas emissions,  expressed  in  tons  of  carbon  dioxide
    31  equivalents,  from  all  greenhouse  gas  emission sources in the state,
    32  including the relative contribution of each type of greenhouse  gas  and
    33  each type of source to the statewide total.
    34    2. The statewide greenhouse gas emissions report shall be a comprehen-
    35  sive evaluation, informed by a variety of data, including but not limit-
    36  ed to:
    37    a.  information relating to the use of fossil fuels by sector, includ-
    38  ing for  electricity  generation,  transportation,  heating,  and  other
    39  combustion purposes;
    40    b.  information relating to fugitive and vented emissions from systems
    41  associated with the  production,  processing,  transport,  distribution,
    42  storage, and consumption of fossil fuels, including natural gas;
    43    c.  information  relating  to  emissions from non-fossil fuel sources,
    44  including, but not limited to, garbage incinerators, biomass combustion,
    45  landfills and landfill gas generators, and anaerobic digesters;
    46    d. information relating to emissions  associated  with  manufacturing,
    47  chemical  production,  cement  plants,  and other processes that produce
    48  non-combustion emissions; and
    49    e. information from sources that may be required to participate in the
    50  registration and reporting system pursuant to subdivision four  of  this
    51  section.
    52    3. The statewide greenhouse gas emissions report shall also include an
    53  estimate  of  greenhouse gas emissions associated with the generation of
    54  imported electricity and with the extraction and transmission of  fossil
    55  fuels  imported  into  the  state  which shall be counted as part of the
    56  statewide total.

        S. 2992--A                         11                         A. 3876--A
 
     1    4. Within one year after the  effective  date  of  this  article,  the
     2  department  shall consider establishing a mandatory registry and report-
     3  ing system from individual sources to  obtain  data  on  greenhouse  gas
     4  emissions  exceeding a particular threshold. If established, such regis-
     5  try and reporting system shall apply a consistent reporting threshold to
     6  ensure the unbiased collection of data.
     7    5. The statewide greenhouse gas emissions report shall also include an
     8  estimate  of  what  the  statewide greenhouse gas emissions level was in
     9  1990.
    10    6. The statewide greenhouse gas emissions report  shall  utilize  best
    11  available  science and methods of analysis, including the comparison and
    12  reconciliation of emission estimates from all sources, fuel consumption,
    13  field data, and peer-reviewed research.
    14    7. The statewide greenhouse gas emissions report shall clearly explain
    15  the methodology and analysis used in the department's  determination  of
    16  greenhouse gas emissions and shall include a detailed explanation of any
    17  changes in methodology or analysis, adjustments made to prior estimates,
    18  as  needed, and any other information necessary to establish a scientif-
    19  ically credible account of change.
    20    8. The department shall hold at least  two  public  hearings  to  seek
    21  public input regarding the methodology and analysis used in the determi-
    22  nation of statewide greenhouse gas emissions, and periodically thereaft-
    23  er.
    24  § 75-0107. Statewide greenhouse gas emissions limits.
    25    1.  No  later  than one year after the effective date of this article,
    26  the department shall, pursuant  to  rules  and  regulations  promulgated
    27  after  at least one public hearing, establish a statewide greenhouse gas
    28  emissions limit as a percentage of 1990 emissions, as estimated pursuant
    29  to section 75-0105 of this article, as follows:
    30    a. 2030: 60% of 1990 emissions.
    31    b. 2040: 35% of 1990 emissions.
    32    c. 2050: 15% of 1990 emissions.
    33    2. Greenhouse gas emission limits shall be measured in units of carbon
    34  dioxide equivalents and identified for each individual  type  of  green-
    35  house gas.
    36    3.  In  order  to ensure the most accurate determination feasible, the
    37  department shall utilize the best available  scientific,  technological,
    38  and  economic  information  on greenhouse gas emissions and consult with
    39  the council, stakeholders, and the public in order to  ensure  that  all
    40  emissions  are  accurately  reflected in its determination of 1990 emis-
    41  sions levels.
    42    4. In order to comply with  the  statewide  greenhouse  gas  emissions
    43  limits  promulgated  pursuant  to this section, a source may utilize the
    44  alternative compliance mechanism  established  pursuant  to  subdivision
    45  four of section 75-0109 of this article. The use of such mechanism shall
    46  be in accordance with the provisions of that subdivision.
    47  § 75-0109. Promulgation  of  regulations to achieve statewide greenhouse
    48               gas emissions reductions.
    49    1. No later than three years after the effective date of this article,
    50  the department, after public workshops and consultation with  the  coun-
    51  cil,  the  environmental justice advisory group, and the climate justice
    52  working group established pursuant to section 75-0111 of  this  article,
    53  representatives of regulated entities, community organizations, environ-
    54  mental  groups,  health  professionals,  labor  unions, municipal corpo-
    55  rations, trade associations and other stakeholders, shall, after no less
    56  than two public hearings, promulgate rules  and  regulations  to  ensure

        S. 2992--A                         12                         A. 3876--A
 
     1  compliance  with  the statewide emissions reduction limits and work with
     2  other state agencies and authorities to promulgate regulations  required
     3  by  section ten of the chapter of the laws of two thousand nineteen that
     4  added this article.
     5    2.  The  regulations  promulgated  by  the department pursuant to this
     6  section shall:
     7    a. Ensure that the aggregate emissions of greenhouse gases from green-
     8  house gas emission sources will not exceed the statewide greenhouse  gas
     9  emissions limits established in section 75-0107 of this article.
    10    b.  Include  legally  enforceable emissions limits, performance stand-
    11  ards, or measures or other requirements to control emissions from green-
    12  house gas emission sources.
    13    c. Reflect, in substantial part, the  findings  of  the  scoping  plan
    14  prepared pursuant to section 75-0103 of this article.
    15    d.  Include  measures to reduce emissions from greenhouse gas emission
    16  sources that have a cumulatively significant impact on statewide  green-
    17  house  gas  emissions,  such  as  internal combustion vehicles that burn
    18  gasoline or diesel fuel and boilers or furnaces that burn oil or natural
    19  gas.
    20    3. In promulgating these regulations, the department shall:
    21    a. Design and implement all regulations in a manner that seeks  to  be
    22  equitable,  to  minimize costs and to maximize the total benefits to New
    23  York, and encourages early action to reduce greenhouse gas emissions.
    24    b. Ensure that greenhouse gas emissions reductions achieved are  real,
    25  permanent, quantifiable, verifiable, and enforceable by the department.
    26    c. Ensure that activities undertaken to comply with the regulations do
    27  not  result  in  a  net  increase in co-pollutant emissions or otherwise
    28  disproportionately burden disadvantaged communities as identified pursu-
    29  ant to section 75-0111 of this article.
    30    d. Prioritize measures to maximize net reductions  of  greenhouse  gas
    31  emissions  and  co-pollutants in disadvantaged communities as identified
    32  pursuant to section 75-0111 of this article and encourage  early  action
    33  to reduce greenhouse gas emissions and co-pollutants.
    34    e. Minimize leakage.
    35    4. a. The department may establish an alternative compliance mechanism
    36  to  be  used  by  sources  subject to greenhouse gas emissions limits to
    37  achieve compliance with their greenhouse gas emissions limits.
    38    b. The use of such  mechanism  shall  account  for  not  greater  than
    39  fifteen  percent  of  statewide  greenhouse gas emissions estimated as a
    40  percentage of nineteen ninety emissions pursuant to section  75-0105  of
    41  this  article,  provided  that  the  use of this mechanism must offset a
    42  quantity greater than or equal to  the  greenhouse  gases  emitted.  The
    43  offset  of  greenhouse  gas  emissions shall not result in disadvantaged
    44  communities having to bear a disproportionate  burden  of  environmental
    45  impacts.
    46    c.  The  department  shall  verify that greenhouse gas emission offset
    47  projects authorized pursuant to this  subdivision  represent  greenhouse
    48  gas  equivalent  emission  reductions  or  carbon sequestration that are
    49  real, additional, verifiable, enforceable, and permanent.
    50    d. Any greenhouse gas emissions offset project shall comply  with  all
    51  of the requirements of this subdivision.
    52    e.  The  department  shall establish an application process that, at a
    53  minimum, requires a source to sufficiently demonstrate  that  compliance
    54  with  the  greenhouse gas emissions limits is not technologically feasi-
    55  ble, and that the source has reduced emissions  to  the  maximum  extent
    56  practicable.  After  an  initial  four year period, the department shall

        S. 2992--A                         13                         A. 3876--A
 
     1  review the participation of a source  in  this  mechanism,  and  make  a
     2  determination  as  to  the  source's  continued  need for an alternative
     3  compliance, considering the extent to which the source is utilizing  the
     4  best available technology standards.
     5    f.  Sources in the electric generation sector shall not be eligible to
     6  participate in such mechanism.
     7    g. The following types of projects shall be prohibited:
     8    i. waste-to-energy projects, including incineration and pyrolysis; and
     9    ii. biofuels used for energy or transportation purposes.
    10    h. Any greenhouse gas emission offset project approved by the  depart-
    11  ment shall:
    12    i.  be  designed  to  provide a discernable benefit to the environment
    13  rather than to the source;
    14    ii. be located in the  same  county,  and  within  twenty-five  linear
    15  miles, of the source of emissions, to the extent practicable;
    16    iii.  enhance  the  conditions  of  the  ecosystem  or geographic area
    17  adversely affected; and
    18    iv. substantially reduce or  prevent  the  generation  or  release  of
    19  pollutants through source reduction.
    20    i.  A  greenhouse gas emission offset project shall not be approved by
    21  the department where the project:
    22    i. is required pursuant to any local,  state  or  federal  law,  regu-
    23  lation, or administrative or judicial order;
    24    ii.  contains  measures  which the source would have undertaken anyway
    25  within the next five years;
    26    iii. contributes to environmental research at a college or university;
    27  or
    28    iv. is a study or assessment without a  commitment  to  implement  the
    29  results.
    30    j.  In  approving greenhouse gas emission offset projects, the depart-
    31  ment shall prioritize projects that maximize public health and  environ-
    32  mental  benefits  within  the state and especially localized benefits in
    33  disadvantaged communities, defined pursuant to section 75-0111  of  this
    34  article.
    35    k.  The department shall establish a public registry of greenhouse gas
    36  emission offset projects approved pursuant to this subdivision.
    37    l. Prior to the inclusion of any alternative compliance  mechanism  in
    38  the  regulations,  to  the  extent  feasible  and  in the furtherance of
    39  achieving the statewide greenhouse gas emissions limit,  the  department
    40  shall do all of the following:
    41    i. consult with the council, the environmental justice advisory group,
    42  and the climate justice working group;
    43    ii.  consider the potential for direct, indirect, and cumulative emis-
    44  sion impacts from this mechanism, including localized impacts in  disad-
    45  vantaged  communities  as identified pursuant to section 75-0111 of this
    46  article;
    47    iii. design  the  alternative  compliance  mechanism  to  prevent  any
    48  increase in the emissions of co-pollutants; and
    49    iv.  maximize  additional  environmental,  public health, and economic
    50  benefits for the state  and  for  disadvantaged  communities  identified
    51  pursuant to section 75-0111 of this article, as appropriate.
    52  § 75-0111. Climate justice working group.
    53    1.  There is hereby created, no later than six months after the effec-
    54  tive date of this article, a "climate justice working group". Such work-
    55  ing group will  be  comprised  of  representatives  from:  environmental
    56  justice  communities,  the department, the department of health, the New

        S. 2992--A                         14                         A. 3876--A
 
     1  York state energy and research development authority, and the department
     2  of labor.
     3    a. Environmental justice community representatives shall be members of
     4  communities  of  color,  low-income communities, and communities bearing
     5  disproportionate pollution and  climate  change  burdens,  or  shall  be
     6  representatives  of  community-based organizations with experience and a
     7  history of advocacy on environmental justice issues, and  shall  include
     8  at  least  three  representatives  from New York city communities, three
     9  representatives from rural communities, and three  representatives  from
    10  upstate urban communities.
    11    b. The working group, in consultation with the department, the depart-
    12  ments of health and labor, the New York state energy and research devel-
    13  opment  authority,  and  the  environmental justice advisory group, will
    14  establish  criteria  to  identify  disadvantaged  communities  for   the
    15  purposes   of   co-pollutant   reductions,   greenhouse   gas  emissions
    16  reductions, regulatory impact statements, and the allocation of  invest-
    17  ments related to this article.
    18    c.  Disadvantaged communities shall be identified based on geographic,
    19  public health, environmental hazard, and socioeconomic  criteria,  which
    20  shall include but are not limited to:
    21    i.  areas  burdened  by  cumulative  environmental pollution and other
    22  hazards that can lead to negative public health effects;
    23    ii. areas with concentrations of people that are of low  income,  high
    24  unemployment, high rent burden, low levels of home ownership, low levels
    25  of  educational  attainment, or members of groups that have historically
    26  experienced discrimination on the basis of race or ethnicity; and
    27    iii. areas vulnerable to the impacts of climate change such as  flood-
    28  ing, storm surges, and urban heat island effects.
    29    2. Before finalizing the criteria for identifying disadvantaged commu-
    30  nities and identifying disadvantaged communities pursuant to subdivision
    31  one  of  this section, the department shall publish draft criteria and a
    32  draft list of disadvantaged communities and make such information avail-
    33  able on its website.
    34    a. The department shall hold at least six regional public hearings  on
    35  the  draft  criteria  and  the  draft list of disadvantaged communities,
    36  including three meetings in the upstate region and three meetings in the
    37  downstate region, and shall allow at least one hundred twenty  days  for
    38  the submission of public comment.
    39    b. The department shall also ensure that there are meaningful opportu-
    40  nities  for  public  comment for all persons who will be impacted by the
    41  criteria, including persons living in areas that may  be  identified  as
    42  disadvantaged communities under the proposed criteria.
    43    3.  The  group  will meet no less than annually to review the criteria
    44  and methods used to identify disadvantaged communities  and  may  modify
    45  such  methods  to  incorporate  new  data  and  scientific findings. The
    46  climate justice working group shall review identities  of  disadvantaged
    47  communities and modify such identities as needed.
    48  § 75-0113. Value of carbon.
    49    1.  No  later  than one year after the effective date of this article,
    50  the department, in consultation with the New York state energy  research
    51  and  development  authority, shall establish a social cost of carbon for
    52  use by state agencies, expressed in terms of dollars per ton  of  carbon
    53  dioxide equivalent.
    54    2. The social cost of carbon shall serve as a monetary estimate of the
    55  value  of  not emitting a ton of greenhouse gas emissions. As determined
    56  by the department, the social cost of carbon may be  based  on  marginal

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     1  greenhouse gas abatement costs or on the global economic, environmental,
     2  and  social  impacts  of emitting a marginal ton of greenhouse gas emis-
     3  sions into the atmosphere, utilizing a  range  of  appropriate  discount
     4  rates, including a rate of zero.
     5    3.  In  developing  the  social  cost  of carbon, the department shall
     6  consider prior or existing estimates of the social cost of carbon issued
     7  or adopted by the federal government, appropriate international  bodies,
     8  or other appropriate and reputable scientific organizations.
     9  § 75-0115. Community air monitoring program.
    10    1. For purposes of this section, the following definitions and related
    11  provisions shall apply:
    12    a. "Community air monitoring system" means advanced sensing monitoring
    13  equipment  that measures and records air pollutant concentrations in the
    14  ambient air at or near sensitive  receptor  locations  in  disadvantaged
    15  communities.
    16    b. "Disadvantaged community" means a community identified as disadvan-
    17  taged  pursuant  to  the  criteria  set forth in section 75-0111 of this
    18  article.
    19    c. "Sensitive receptors" includes  hospitals,  schools  and  day  care
    20  centers, and such other locations as the department may determine.
    21    2. a. On or before October first, two thousand twenty-one, the depart-
    22  ment  shall  prepare,  in  consultation with the climate justice working
    23  group, a program demonstrating community air monitoring systems.
    24    b. The program shall identify the highest priority locations in disad-
    25  vantaged communities around the state to deploy community air monitoring
    26  systems, which shall  be  communities  with  potentially  high  exposure
    27  burdens  for  toxic  air  contaminants  and criteria air pollutants. The
    28  program shall be undertaken in no less than four  communities  statewide
    29  with regional consideration.
    30    c.  The  department shall publish the air quality data produced by the
    31  community air monitoring systems deployed pursuant to  this  section  on
    32  its website as it becomes available.
    33    3.  On or before June first, two thousand twenty-three, the department
    34  shall prepare, in consultation with the climate justice working group, a
    35  strategy to reduce emissions of toxic air contaminants and criteria  air
    36  pollutants  in  disadvantaged  communities affected by a high cumulative
    37  exposure burden. The strategy shall include criteria for the development
    38  of community emission reduction programs. The criteria presented in  the
    39  strategy shall include, but are not limited to, the following:
    40    a.  an  assessment and identification of communities with high cumula-
    41  tive exposure burdens for toxic air contaminants and criteria air pollu-
    42  tants.
    43    b. a methodology for assessing and identifying the contributing sourc-
    44  es or categories of sources, including, but not limited  to,  stationary
    45  and  mobile  sources,  and an estimate of their relative contribution to
    46  elevated exposure to air pollution in  impacted  communities  identified
    47  pursuant to paragraph a of this subdivision.
    48    c.  an  assessment of the existing and available measures for reducing
    49  emissions from the contributing sources or categories of sources identi-
    50  fied pursuant to paragraph b of this subdivision.
    51    4. a. Based on the  assessment  and  identification  of  disadvantaged
    52  communities  with high cumulative exposure burdens for toxic air contam-
    53  inants and criteria air pollutants completed pursuant to paragraph a  of
    54  subdivision three of this section, the department shall select disadvan-
    55  taged  communities  around  the state for preparation of community emis-

        S. 2992--A                         16                         A. 3876--A
 
     1  sions reduction programs. The department may select additional locations
     2  annually thereafter, as appropriate.
     3    b. The department shall have the authority to adopt regulations estab-
     4  lishing  programs  to  achieve  emissions  reductions  for the locations
     5  selected using the most cost-effective measures identified  pursuant  to
     6  paragraph c of subdivision three of this section.
     7  § 75-0117. Investment of funds.
     8    The  department,  in  consultation  with  the  New  York  state energy
     9  research and development authority, shall establish a goal of investing,
    10  in a manner  that  will  benefit  disadvantaged  communities  identified
    11  pursuant  to section 75-0111 of this article, no less than forty percent
    12  of any funds collected pursuant to any alternative compliance  mechanism
    13  authorized  pursuant to this article, any funds authorized by the public
    14  service commission to be collected solely for and directed  to  the  New
    15  York  state  research and development authority, and any funds collected
    16  by the New York state energy research and development authority from the
    17  auction or sale of carbon dioxide emission allowances allocated  by  the
    18  department;  provided  however,  such  investments shall be no less than
    19  thirty-five percent of any such funds. Such funds shall be invested,  in
    20  a  manner  consistent  with the purposes of this article, including, but
    21  not limited to increased access to renewable energy, energy  efficiency,
    22  weatherization,  zero-  and  low-emission transportation, and adaptation
    23  opportunities. The department  and  authority  shall  consult  with  the
    24  climate  justice  working  group  in  developing  and  carrying out such
    25  investments.
    26  § 75-0119. Implementation reporting.
    27    1. The department shall, not less than every  four  years,  publish  a
    28  report  which shall include recommendations regarding the implementation
    29  of greenhouse gas reduction measures.
    30    2. The report shall, at minimum, include:
    31    a. Whether the state is on track to meet the statewide greenhouse  gas
    32  emissions limits established in section 75-0107 of this article.
    33    b. An assessment of existing regulations and whether modifications are
    34  needed  to  ensure fulfillment of the statewide greenhouse gas emissions
    35  limits.
    36    c. An overview of social benefits from the regulations or other  meas-
    37  ures, including reductions in greenhouse gas emissions and copollutants,
    38  diversification  of  energy  sources, and other benefits to the economy,
    39  environment, and public health.
    40    d. An overview of compliance costs for regulated entities and for  the
    41  department and other state agencies.
    42    e.  Whether  regulations  or  other  greenhouse gas reduction measures
    43  undertaken are equitable, minimize costs and maximize the total benefits
    44  to the state, and encourage early action.
    45    f. Whether activities undertaken  to  comply  with  state  regulations
    46  disproportionately burden disadvantaged communities as identified pursu-
    47  ant to section 75-0111 of this article.
    48    g.  An  assessment  of local benefits and impacts of any reductions in
    49  co-pollutants related to reductions in statewide  and  local  greenhouse
    50  gas emissions.
    51    h.  An assessment of disadvantaged communities' access to or community
    52  ownership of the services and commodities identified in section eight of
    53  the chapter of the laws of two thousand nineteen which added this  arti-
    54  cle.

        S. 2992--A                         17                         A. 3876--A
 
     1    i. Whether entities that have voluntarily reduced their greenhouse gas
     2  emissions  prior to the implementation of this article receive appropri-
     3  ate credit for early voluntary reductions.
     4    j. Recommendations for future regulatory and policy action.
     5    3.  In  preparing  this  report,  the  department shall, at a minimum,
     6  consult with the council, and the climate justice working  group  estab-
     7  lished in section 75-0111 of this article.
     8    4.  The  report  shall  be  published  and  posted on the department's
     9  website.
    10    § 3. Paragraphs f and g of subdivision 1 of  section  54-1523  of  the
    11  environmental conservation law, as added by section 5 of part U of chap-
    12  ter  58  of the laws of 2016, are amended and a new paragraph h is added
    13  to read as follows:
    14    f. enabling communities to become certified under  the  climate  smart
    15  communities  program, including by developing natural resources invento-
    16  ries, right sizing of municipal fleets and developing climate adaptation
    17  strategies; [and]
    18    g. climate change adaptation planning and supporting studies,  includ-
    19  ing  but  not  limited  to vulnerability assessment and risk analysis of
    20  municipal drinking water,  wastewater,  and  transportation  infrastruc-
    21  ture[.]; and
    22    h.  to  establish  and  implement  easily-replicated  renewable energy
    23  projects, including solar arrays, heat pumps and wind turbines in public
    24  low-income housing in suburban, urban and rural areas.
    25    § 4. The public service law is amended by adding a new section 66-p to
    26  read as follows:
    27    § 66-p. Establishment of a renewable energy program.   1. As  used  in
    28  this section:
    29    (a)  "load  serving  entity"  means  any entity that secures energy to
    30  serve the electrical energy requirements of  end-use  customers  in  New
    31  York state;
    32    (b)  "prevailing  rate  of  wages" shall have the same meaning as such
    33  term is defined in paragraph  a  of  subdivision  five  of  section  two
    34  hundred twenty of the labor law; and
    35    (c) "renewable energy systems" means systems that generate electricity
    36  or thermal energy through use of the following technologies: solar ther-
    37  mal, photovoltaics, wind, hydroelectric, geothermal electric, geothermal
    38  ground  source  heat, tidal energy, wave energy, ocean thermal, offshore
    39  wind and fuel cells which do not utilize a fossil fuel resource  in  the
    40  process of generating electricity.
    41    2. No later than July first, two thousand twenty, the commission shall
    42  establish  a program to require that a minimum of seventy percent of the
    43  statewide electric generation secured by load serving entities  to  meet
    44  the  electrical energy requirements of all end-use customers in New York
    45  state in two thousand thirty shall  be  generated  by  renewable  energy
    46  systems.
    47    The commission shall set annual minimum percentage levels of electric-
    48  ity  generated  by  renewable  energy  systems  and delivered to end-use
    49  customers in New York state for each year of the program, provided  that
    50  the program achieve the following incremental minimum percentage levels:
    51    (a) thirty-eight percent by two thousand twenty-two;
    52    (b) forty-six percent by two thousand twenty-four;
    53    (c) fifty-four percent by two thousand twenty-six;
    54    (d) sixty-two percent by two thousand twenty-eight; and
    55    (e) seventy percent by two thousand thirty.

        S. 2992--A                         18                         A. 3876--A
 
     1    3.  No  later  than  July first, two thousand twenty-one and every two
     2  years thereafter, the commission shall, after notice and  provision  for
     3  the  opportunity to comment, issue a comprehensive review of the program
     4  established pursuant to this section. The  commission  shall  determine,
     5  among  other  matters:    (a) progress in meeting the overall annual and
     6  incremental targets for deployment  of  renewable  energy  systems;  (b)
     7  distribution  of  systems  by size and load zone; and (c) annual funding
     8  commitments and expenditures. The commission shall evaluate  the  annual
     9  and  incremental targets established pursuant to subdivision two of this
    10  section and determine whether the annual and incremental targets  should
    11  be  accelerated,  increased  or extended, taking into consideration load
    12  modifications associated with, but not  limited  to,  energy  efficiency
    13  measures  and the electrification of transportation, heating systems and
    14  industrial processes.
    15    4. The commission may temporarily suspend or  modify  the  obligations
    16  under  such  program  provided  that  the commission, after conducting a
    17  hearing as provided in section twenty of this chapter, makes  a  finding
    18  that  the  program  impedes  the provision of safe and adequate electric
    19  service or that there is a significant increase in  arrears  or  service
    20  disconnections that the commission determines is related to the program.
    21    5.  Every  contractor employed pursuant to this section, not otherwise
    22  required to pay laborers, workers or mechanics the  prevailing  rate  of
    23  wages  pursuant  to  article eight of the labor law, shall pay employees
    24  under contract for the development of renewable energy systems rated  at
    25  two  hundred  fifty  kilowatts  or  more,  a  wage  of not less than the
    26  prevailing rate of wages for  such  work  in  the  locality  where  such
    27  installation  occurs.  This requirement shall be in effect for the dura-
    28  tion of the receipt by the  contractor  of  the  incentives  established
    29  pursuant  to  this section and in no event shall such requirement extend
    30  beyond the availability of such incentives. Every contractor subject  to
    31  the  provisions  of  this  subdivision shall maintain payroll records in
    32  accordance with section two hundred twenty of the labor law.
    33    6. No later than July first, two thousand twenty-four, the  commission
    34  shall  establish programs to require the procurement by the state's load
    35  serving entities of at least:
    36    (a) nine gigawatts of offshore wind electric generation by  two  thou-
    37  sand thirty-five;
    38    (b)  six gigawatts of distributed photovoltaic solar generation by two
    39  thousand twenty-five;
    40    (c) three gigawatts of statewide energy storage capacity by two  thou-
    41  sand thirty; and
    42    (d)  one hundred eighty-five trillion British thermal units of end-use
    43  energy savings below the two thousand twenty-five energy-use forecast.
    44    7. In the allocation of ratepayer funds for clean energy,  direct  the
    45  energy  research  and development authority and investor owned utilities
    46  to develop and report metrics for energy savings and clean energy market
    47  penetration in the low and moderate income market and  in  disadvantaged
    48  communities, and post such information on the website.
    49    § 5. Section 1005 of the public authorities law is amended by adding a
    50  new subdivision 28 to read as follows:
    51    28.  Renewable energy program. As deemed feasible and advisable by the
    52  trustees,  no  later than July first, two thousand twenty, the authority
    53  shall secure energy to serve the electrical energy requirements  of  its
    54  end-use customers in accordance with the renewable energy program as set
    55  forth and defined in section sixty-six-p of the public service law.

        S. 2992--A                         19                         A. 3876--A
 
     1    §  6.  Sections 1020-kk, 1020-ll and 1020-ll of the public authorities
     2  law, 1020-kk and 1020-ll as renumbered by chapter 520  of  the  laws  of
     3  2018,  and 1020-ll as renumbered by chapter 415 of the laws of 2017, are
     4  renumbered sections 1020-xx, 1020-yy  and  1020-zz  and  a  new  section
     5  1020-kk is added to read as follows:
     6    § 1020-kk.  Renewable energy program. The authority and all load serv-
     7  ing  entities that secure energy to serve the electrical energy require-
     8  ments of end-use customers in its service territory  shall  comply  with
     9  the  renewable energy program as set forth and defined in section sixty-
    10  six-p of the public service law.
    11    § 6-a. Subdivision 1 of section 1020-s of the public authorities  law,
    12  as  amended  by  chapter  415 of the laws of 2017, is amended to read as
    13  follows:
    14    1. The rates, services  and  practices  relating  to  the  electricity
    15  generated  by facilities owned or operated by the authority shall not be
    16  subject to the provisions of the public service law or to regulation by,
    17  or the jurisdiction of, the public service  commission,  except  to  the
    18  extent (a) article seven of the public service law applies to the siting
    19  and operation of a major utility transmission facility as defined there-
    20  in,  (b)  article  ten of such law applies to the siting of a generating
    21  facility as defined therein, (c) section eighteen-a of such law provides
    22  for assessment for certain costs, property or  operations,  (d)  to  the
    23  extent that the department of public service reviews and makes recommen-
    24  dations with respect to the operations and provision of services of, and
    25  rates  and  budgets  established  by,  the authority pursuant to section
    26  three-b of such law, [and] (e) that section seventy-four of  the  public
    27  service  law  applies  to  qualified  energy  storage systems within the
    28  authority's jurisdiction and (f) that section sixty-six-p of the  public
    29  service  law  applies  to  the  authority and load serving entities that
    30  secure energy to serve the electrical  energy  requirements  of  end-use
    31  customers within the authority's jurisdiction.
    32    §  7.  The labor law is amended by adding a new article 8-B to read as
    33  follows:
    34                                 ARTICLE 8-B
    35                LABOR AND JOB STANDARDS AND WORKER PROTECTION
    36  Section 228. Labor and job standards and worker protection.
    37    § 228. Labor and job standards and worker  protection.  1.  All  state
    38  agencies  involved in implementing the New York state climate and commu-
    39  nity protection act shall assess and implement  strategies  to  increase
    40  employment  opportunities  and  improve  job quality. Within one hundred
    41  twenty days of the effective date of this section, all  state  agencies,
    42  offices, authorities, and divisions shall report to the legislature on:
    43    a. steps they will take to ensure compliance with this section; and
    44    b.  regulations necessary to ensure that they prioritize the statewide
    45  goal of creating good jobs and increasing employment opportunities.
    46    2.  In  considering  and  issuing  permits,   licenses,   regulations,
    47  contracts,  and other administrative approvals and decisions pursuant to
    48  the New York state climate and community protection act, all state agen-
    49  cies, offices, authorities, and  divisions  shall  apply  the  following
    50  labor,  training,  and  job  quality  standards to the following project
    51  types: public work; projects in receipt of more than one  hundred  thou-
    52  sand  dollars in total financial assistance; or to projects with a total
    53  value of more than ten million dollars; and privately-financed  projects
    54  on public property.
    55    a.  the  payment of no less than prevailing wages for all employees in
    56  construction and building, consistent with article  eight  of  the  this

        S. 2992--A                         20                         A. 3876--A
 
     1  chapter,  and  building  services,  consistent with article nine of this
     2  chapter;
     3    b.  the inclusion of contract language requiring contractors to estab-
     4  lish labor harmony policies; dispute resolution  mechanisms;  prevailing
     5  wage   compliance;   safety  policies;  workers  compensation  insurance
     6  (including review of contractor experience rating  and  other  factors);
     7  and  apprenticeship program appropriate for crafts employed. Procurement
     8  rules should encourage bundling  of  small  contracts  and  projects  to
     9  improve the efficiency of compliance;
    10    c. apprenticeship utilization:
    11    i.  that  all  contractors  and  subcontractors,  including those that
    12  participate in power purchase agreements, energy performance  contracts,
    13  or other similar programs, participate in apprenticeship programs in the
    14  trades in which they are performing work;
    15    ii.  maximum  use  of  apprentices as per department of labor approved
    16  ratios;
    17    iii. encouragement of affiliated pre-apprentice direct entry programs,
    18  including but not limited to EJM Construction  Skills;  NYC  Helmets  to
    19  Hardhats, and Nontraditional Employment for Women (NEW) for the recruit-
    20  ment of local and/or disadvantaged workers;
    21    iv.  existing  workforce  development programs, including those at the
    22  New York state energy research and development authority, should be made
    23  to conform to these standards.
    24    3. The commissioner, the fiscal officer and  other  relevant  agencies
    25  shall  promulgate  such  regulations  as  are necessary to implement and
    26  administer compliance with the provisions of this section.  The  depart-
    27  ment  and  the  fiscal officer shall coordinate with organized labor and
    28  local and county level  governments  to  implement  a  system  to  track
    29  compliance, accept reports of non-compliance for enforcement action, and
    30  report  annually  on  the adoption of these standards to the legislature
    31  starting one year from the effective date of this section.
    32    a. For the purposes of this section, "fiscal officer" shall  mean  the
    33  industrial  commissioner,  except  for construction and building service
    34  work performed by or on behalf of a city, in which case "fiscal officer"
    35  shall mean the comptroller or other analogous officer of such city.
    36    b. The provisions of  the  contract  by  the  recipient  of  financial
    37  assistance  pertaining  to  prevailing  wages  are  to  be  considered a
    38  contract for the benefit of construction and building  service  workers,
    39  upon  which such workers shall have the right to maintain action for the
    40  difference between the prevailing wage rate of pay, benefits,  and  paid
    41  leave  and  the rates of pay, benefits, and paid leave actually received
    42  by them, and including attorney's fees.
    43    c. i. Where a recipient of  financial  assistance  contracts  building
    44  service work to a building service contractor, the contractor is held to
    45  the  same obligations with respect to prevailing wages as the recipient.
    46  The recipient must include terms establishing this obligation within any
    47  contract signed with a contractor.
    48    ii.  Where  a  recipient  of  financial   assistance   contracts   for
    49  construction,  excavation,  demolition,  rehabilitation,  repair,  reno-
    50  vation, alteration or improvement to a subcontractor, the  subcontractor
    51  is  held to the same obligations with respect to prevailing wages as the
    52  recipient. The recipient must include terms establishing this obligation
    53  within any contract signed with a subcontractor.
    54    4. For the purposes of this section "financial assistance"  means  any
    55  provision  of  public  funds  to any person, individual, proprietorship,
    56  partnership, joint  venture,  corporation,  limited  liability  company,

        S. 2992--A                         21                         A. 3876--A
 
     1  trust,  association,  organization, or other entity that receives finan-
     2  cial assistance, or any assignee or successor in interest of real  prop-
     3  erty  improved  or  developed  with  financial  assistance, for economic
     4  development within the state, including but not limited to cash payments
     5  or  grants,  bond financing, tax abatements or exemptions, including but
     6  not limited to abatements or exemptions  from  real  property,  mortgage
     7  recording,  sales, and use taxes, or the difference between any payments
     8  in lieu of taxes and the amount of real property  or  other  taxes  that
     9  would  have  been due if the property were not exempted from such taxes,
    10  tax increment financing, filing fee  waivers,  energy  cost  reductions,
    11  environmental  remediation  costs,  write-downs  in  the market value of
    12  buildings or land, or the cost of capital improvements related  to  real
    13  property  for  which  the  state  would  not  pay absent the development
    14  project, and includes both discretionary and as of right assistance. The
    15  provisions of this section shall only apply to projects  receiving  more
    16  than  one  hundred thousand dollars in total financial assistance, or to
    17  projects with a total project value of more than ten million dollars.
    18    5. The commissioner shall evaluate whether there are additional stand-
    19  ards that could be applied to increase wage and benefit standards or  to
    20  encourage a safe, well-trained, and adequately compensated workforce.
    21    6.  Nothing  set  forth  in this section shall be construed to impede,
    22  infringe, or diminish the rights and benefits which accrue to  employees
    23  through  bona fide collective bargaining agreements, or otherwise dimin-
    24  ish the integrity of the existing collective bargaining relationship.
    25    7. Nothing set forth in this section shall preclude a local government
    26  from setting additional standards that expand on these state-wide stand-
    27  ards.
    28    § 8. Report on barriers to, and opportunities for, community ownership
    29  of services and commodities  in  disadvantaged  communities.  1.  On  or
    30  before  two  years  of the effective date of this act, the department of
    31  environmental conservation, with input from relevant state agencies, the
    32  environmental justice advisory group as defined in  section  75-0101  of
    33  the environmental conservation law, the climate justice working group as
    34  defined  in  section  75-0111  of the environmental conservation law and
    35  Climate Action Council established in article 75  of  the  environmental
    36  conservation  law,  and  following  at  least two public hearings, shall
    37  prepare a report on barriers to, and opportunities  for,  access  to  or
    38  community  ownership of the following services and commodities in disad-
    39  vantaged communities as identified in article 75  of  the  environmental
    40  conservation law:
    41    a. Distributed renewable energy generation.
    42    b. Energy efficiency and weatherization investments.
    43    c. Zero-emission and low-emission transportation options.
    44    d.  Adaptation  measures  to improve the resilience of homes and local
    45  infrastructure to the impacts of climate change including but not limit-
    46  ed to microgrids.
    47    e. Other services and infrastructure that can reduce the risks associ-
    48  ated with climate-related hazards, including but not limited to:
    49    i. Shelters and cool rooms during extreme heat events;
    50    ii. Shelters during flooding events; and
    51    iii. Medical treatment for asthma and other conditions that  could  be
    52  exacerbated by climate-related events.
    53    2.  The  report, which shall be submitted to the governor, the speaker
    54  of the assembly and the temporary president of the senate and posted  on
    55  the  department  of  environmental  conservation  website, shall include

        S. 2992--A                         22                         A. 3876--A
 
     1  recommendations on how to increase access to the  services  and  commod-
     2  ities.
     3    3.  The department of environmental conservation shall amend the scop-
     4  ing plan for statewide greenhouse gas emissions reductions in accordance
     5  with the recommendations included in the report.
     6    § 9. Climate change actions by state agencies. 1. All  state  agencies
     7  shall  assess  and  implement  strategies to reduce their greenhouse gas
     8  emissions.
     9    2. In considering and issuing permits, licenses, and other administra-
    10  tive approvals and decisions, including but not limited to the execution
    11  of grants, loans, and contracts, all state agencies,  offices,  authori-
    12  ties, and divisions shall consider whether such decisions are inconsist-
    13  ent  with  or will interfere with the attainment of the statewide green-
    14  house  gas  emissions  limits  established  in   article   75   of   the
    15  environmental  conservation  law.  Where such decisions are deemed to be
    16  inconsistent with or will interfere with the attainment of the statewide
    17  greenhouse gas emissions limits,  each  agency,  office,  authority,  or
    18  division  shall  provide a detailed statement of justification as to why
    19  such limits/criteria may not be met, and identify alternatives or green-
    20  house gas mitigation measures to  be  required  where  such  project  is
    21  located.
    22    3. In considering and issuing permits, licenses, and other administra-
    23  tive approvals and decisions, including but not limited to the execution
    24  of  grants, loans, and contracts, pursuant to article 75 of the environ-
    25  mental conservation law, all state agencies, offices,  authorities,  and
    26  divisions  shall not disproportionately burden disadvantaged communities
    27  as identified pursuant to subdivision 5 of section 75-0101 of the  envi-
    28  ronmental  conservation  law.  All state agencies, offices, authorities,
    29  and divisions shall also prioritize reductions of greenhouse  gas  emis-
    30  sions  and  co-pollutants  in  disadvantaged  communities  as identified
    31  pursuant to such subdivision 5 of section 75-0101 of  the  environmental
    32  conservation law.
    33    §  10. Authorization for other state agencies to promulgate greenhouse
    34  gas emissions regulations. 1. The public  service  commission,  the  New
    35  York  state energy research and development authority, the department of
    36  health, the department of transportation, the department of  state,  the
    37  department  of  economic  development, the department of agriculture and
    38  markets, the department of financial services,  the  office  of  general
    39  services,  the  division  of  housing  and community renewal, the public
    40  utility authorities established pursuant to  titles  1,  1-A,  1-B,  11,
    41  11-A, 11-B, 11-C and 11-D of article 5 of the public authorities law and
    42  any  other  state  agency  shall promulgate regulations to contribute to
    43  achieving the statewide greenhouse gas emissions limits  established  in
    44  article 75 of the environmental conservation law. Provided, however, any
    45  such regulations shall not limit the department of environmental conser-
    46  vation's  authority  to  regulate  and  control greenhouse gas emissions
    47  pursuant to article 75 of the environmental conservation law.
    48    § 11. Chapter 355 of the laws of 2014, constituting the community risk
    49  and resiliency act, is amended by adding two new sections 17-a and  17-b
    50  to read as follows:
    51    §  17-a.  The  department  of  environmental  conservation  shall take
    52  actions to promote adaptation and resilience, including:
    53    (a) actions to help state  agencies  and  other  entities  assess  the
    54  reasonably foreseeable risks of climate change on any proposed projects,
    55  taking  into account issues such as: sea level rise, tropical and extra-
    56  tropical cyclones, storm surges, flooding, wind, changes in average  and

        S. 2992--A                         23                         A. 3876--A
 
     1  peak  temperatures,  changes  in  average and peak precipitation, public
     2  health impacts, and impacts on species and other natural resources.
     3    (b)  identifying  the  most  significant climate-related risks, taking
     4  into account the probability of occurrence, the magnitude of the  poten-
     5  tial harm, and the uncertainty of the risk.
     6    (c) measures that could mitigate significant climate-related risks, as
     7  well as a cost-benefit analysis and implementation of such measures.
     8    § 17-b. Major permits for the regulatory programs of subdivision three
     9  of  section  70-0107 of the environmental conservation law shall require
    10  applicants to demonstrate that future physical  climate  risk  has  been
    11  considered. In reviewing such information the department may require the
    12  applicant  to mitigate significant risks to public infrastructure and/or
    13  services, private property not owned by the applicant,  adverse  impacts
    14  on  disadvantaged  communities, and/or natural resources in the vicinity
    15  of the project.
    16    § 12. Nothing in this act shall limit  the  existing  authority  of  a
    17  state  entity  to adopt and implement greenhouse gas emissions reduction
    18  measures.
    19    § 13. Nothing in this act shall relieve any person, entity, or  public
    20  agency of compliance with other applicable federal, state, or local laws
    21  or  regulations, including state air and water quality requirements, and
    22  other requirements for protecting public health or the environment.
    23    § 14. Review under this act may be had in a proceeding  under  article
    24  78  of  the  civil  practice law and rules at the instance of any person
    25  aggrieved.
    26    § 15. Severability. If any word, phrase, clause, sentence,  paragraph,
    27  section, or part of this act shall be adjudged by any court of competent
    28  jurisdiction  to be invalid, such judgement shall not affect, impair, or
    29  invalidate the remainder thereof, but shall be confined in its operation
    30  to the word, phrase, clause, sentence, paragraph, section, or part ther-
    31  eof directly involved in the controversy in which such  judgement  shall
    32  have been rendered.
    33    §  16.  This  act  shall  take effect on the same date and in the same
    34  manner as a chapter of the laws  of  2019,  amending  the  environmental
    35  conservation  law,  relating  to  establishing a permanent environmental
    36  justice advisory group and an environmental justice interagency  coordi-
    37  nating  council, as proposed in legislative bills numbers S. 2385 and A.
    38  1564, takes effect; provided further, the provisions of section seven of
    39  this act shall take effect on the one hundred  eightieth  day  after  it
    40  shall  have  become  a  law  and  shall  apply to any grants, loans, and
    41  contracts and financial assistance awarded or renewed on or  after  such
    42  effective date.
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