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A08429 Summary:

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, Darling, Kim, McMahon, Dickens, Jacobson, Weinstein, Paulin, Zebrowski, Braunstein, Buchwald, Wallace, Blake, Perry, Buttenschon
MLTSPNSRDenDekker, Lentol, Nolan, Ramos
Add Art 75 §§75-0101 - 75-0119, amd §54-1523, En Con L; add §66-p, Pub Serv L; add §§17-a & 17-b, Chap 355 of 2014
Enacts the New York state climate leadership and community protection act; relates to climate change; renewable energy program; labor and job standards and worker protection.
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A08429 Actions:

06/18/2019referred to ways and means
06/19/2019reported referred to rules
06/19/2019rules report cal.634
06/19/2019substituted by s6599
 06/18/2019PASSED SENATE
 06/19/2019referred to ways and means
 06/19/2019substituted for a8429
 06/19/2019ordered to third reading rules cal.634
 06/19/2019message of necessity - 3 day message
 06/19/2019passed assembly
 06/19/2019returned to senate
 07/18/2019SIGNED CHAP.106
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A08429 Text:

                STATE OF NEW YORK
            S. 6599                                                  A. 8429
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                      June 18, 2019
        IN  SENATE  --  Introduced  by Sens. KAMINSKY, HOYLMAN, ADDABBO, BAILEY,
          STAVISKY, STEWART-COUSINS, THOMAS -- (at request of the  Governor)  --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Rules
        IN ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT, LIFTON, FAHY,  ORTIZ,
          DICKENS, JACOBSON,  WEINSTEIN  --  Multi-Sponsored  by  --  M.  of  A.
          DenDEKKER,  LENTOL,  NOLAN, PAULIN, RAMOS -- (at request of the Gover-
          nor) -- read once and referred to the Committee on Ways and Means
        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 leadership and community protection act
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings and declaration. The legislature here-
     2  by  enacts  the  "New  York  state  climate  leadership  and   community
     3  protection act" and finds and declares that:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 6599                             2                            A. 8429
     1    1.  Climate  change is adversely affecting economic well-being, public
     2  health, natural resources, and the environment of New York. The  adverse
     3  impacts of climate change include:
     4    a.  an  increase  in  the  severity  and  frequency of extreme weather
     5  events, such as storms, flooding, and heat waves, which can cause direct
     6  injury or death, property damage, and ecological damage  (e.g.,  through
     7  the release of hazardous substances into the environment);
     8    b.  rising  sea  levels, which exacerbate damage from storm surges and
     9  flooding, contribute to coastal erosion  and  saltwater  intrusion,  and
    10  inundate  low-lying  areas,  leading to the displacement of or damage to
    11  coastal habitat, property, and infrastructure;
    12    c. a decline in freshwater and saltwater fish populations;
    13    d. increased average temperatures, which increase the demand  for  air
    14  conditioning and refrigeration among residents and businesses;
    15    e. exacerbation of air pollution; and
    16    f.  an  increase  in  the  incidences  of  infectious diseases, asthma
    17  attacks, heart  attacks,  and  other  negative  health  outcomes.  These
    18  impacts  are  having  a detrimental effect on some of New York's largest
    19  industries, including agriculture, commercial shipping, forestry,  tour-
    20  ism,  and  recreational and commercial fishing. These impacts also place
    21  additional strain on the physical infrastructure that delivers  critical
    22  services  to  the  citizens  of  New York, including the state's energy,
    23  transportation, stormwater, and wastewater infrastructure.
    24    2. a. The severity of current climate change and the threat  of  addi-
    25  tional and more severe change will be affected by the actions undertaken
    26  by  New York and other jurisdictions to reduce greenhouse gas emissions.
    27  According to the U.S. Global Change Research Program  (USGCRP)  and  the
    28  Intergovernmental Panel on Climate Change (IPCC), substantial reductions
    29  in  greenhouse gas emissions will be required by mid-century in order to
    30  limit global warming to no more than 2°C and  ideally  1.5°C,  and  thus
    31  minimize  the  risk of severe impacts from climate change. Specifically,
    32  industrialized countries must reduce their greenhouse gas  emissions  by
    33  at  least  80%  below  1990  levels by 2050 in order to stabilize carbon
    34  dioxide equivalent concentrations at 450 parts  per  million--the  level
    35  required to stay within the 2°C target.
    36    b. On December 12, 2015, one hundred ninety-five countries at the 21st
    37  Conference  of the parties of the United Nations Framework Convention on
    38  Climate Change adopted an agreement addressing greenhouse gas  emissions
    39  mitigation,  adaptation, and finance starting in the year 2020, known as
    40  the Paris Agreement. The Paris Agreement  was  adopted  on  November  4,
    41  2016,  and  is  the  largest  concerted  global effort to combat climate
    42  change to date.
    43    3. Action undertaken by New York to reduce greenhouse  emissions  will
    44  have  an  impact  on  global  greenhouse  gas  emissions and the rate of
    45  climate change. In addition, such action will encourage other  jurisdic-
    46  tions to implement complementary greenhouse gas reduction strategies and
    47  provide  an  example  of how such strategies can be implemented. It will
    48  also advance the development of green technologies and sustainable prac-
    49  tices within the private sector, which  can  have  far-reaching  impacts
    50  such  as a reduction in the cost of renewable energy components, and the
    51  creation of jobs and tax revenues in New York.
    52    4. It shall therefore be a goal of the state of  New  York  to  reduce
    53  greenhouse  gas  emissions from all anthropogenic sources 100% over 1990
    54  levels by the year 2050, with an incremental target of  at  least  a  40
    55  percent  reduction  in  climate pollution by the year 2030, in line with

        S. 6599                             3                            A. 8429

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

        S. 6599                             4                            A. 8429
     1    11. The complexity  of  the  ongoing  energy  transition,  the  uneven
     2  distribution  of  economic opportunity, and the disproportionate cumula-
     3  tive economic and environmental burdens on communities mean  that  there
     4  is a strong state interest in setting a floor statewide for labor stand-
     5  ards, but allowing and encouraging individual agencies and local govern-
     6  ments to raise standards.
     7    12.  By  exercising  a  global leadership role on greenhouse gas miti-
     8  gation and climate change adaptation, New York will position its  econo-
     9  my,  technology centers, financial institutions, and businesses to bene-
    10  fit from national and international efforts to address  climate  change.
    11  New  York  state  has  already  demonstrated  leadership in this area by
    12  undertaking efforts such as:
    13    a. executive order no. 24 (2009), establishing a goal to reduce green-
    14  house gas emissions 80% by the year  2050,  creating  a  climate  action
    15  council, and calling for preparation of a climate action plan;
    16    b.  chapter 433 of the laws of 2009, establishing a state energy plan-
    17  ning board and requiring the board to adopt a state energy plan;
    18    c. chapter 388 of the laws of 2011, directing the department of  envi-
    19  ronmental  conservation  to  promulgate  rules  and regulations limiting
    20  emissions of carbon dioxide by newly constructed major generating facil-
    21  ities;
    22    d. the adoption of a state energy plan establishing clean energy goals
    23  for the year 2030 aimed at reducing greenhouse gas  emission  levels  by
    24  40% from 1990 levels, producing 70% of electricity from renewable sourc-
    25  es,  increasing  energy efficiency from 2012 levels by 23% and the addi-
    26  tional expressed goal of  reducing  100%  of  the  electricity  sector's
    27  greenhouse gas emissions by 2040;
    28    e.  collaboration  with  other  states  on the Regional Greenhouse Gas
    29  Initiative, and the development of a regional low carbon fuel standard;
    30    f. creation of new offices and task forces to address climate  change,
    31  including  the  New  York  state office of climate change, the renewable
    32  energy task force, and the sea level rise task force; and
    33    g. the enactment of the Community  Risk  and  Resiliency  Act  (CRRA),
    34  which requires agencies to consider sea level rise and other climate-re-
    35  lated events when implementing certain state programs.
    36    This legislation will build upon these past developments by creating a
    37  comprehensive regulatory program to reduce greenhouse gas emissions that
    38  corresponds  with the targets established in executive order no. 24, the
    39  state energy plan, and USGCRP and IPCC projections.
    40    § 2. The environmental conservation law is amended  by  adding  a  new
    41  article 75 to read as follows:
    42                                 ARTICLE 75
    43                               CLIMATE CHANGE
    44  Section 75-0101. Definitions.
    45          75-0103. New York state climate action council.
    46          75-0105. Statewide greenhouse gas emissions report.
    47          75-0107. Statewide greenhouse gas emissions limits.
    48          75-0109. Promulgation of regulations to achieve statewide green-
    49                     house gas emissions reductions.
    50          75-0111. Climate justice working group.
    51          75-0113. Value of carbon.
    52          75-0115. Community air monitoring program.
    53          75-0117. Investment of funds.
    54          75-0119. Implementation reporting.
    55  § 75-0101. Definitions.

        S. 6599                             5                            A. 8429
     1    For  the  purposes  of this article the following terms shall have the
     2  following meanings:
     3    1.  "Allowance"  means  an  authorization  to emit, during a specified
     4  year, up to one ton of carbon dioxide equivalent.
     5    2. "Carbon dioxide equivalent" means the amount of carbon  dioxide  by
     6  mass  that  would produce the same global warming impact as a given mass
     7  of another greenhouse gas over  an  integrated  twenty-year  time  frame
     8  after emission.
     9    3.  "Co-pollutants"  means hazardous air pollutants produced by green-
    10  house gas emissions sources.
    11    4. "Council" means the New York state climate  action  council  estab-
    12  lished pursuant to section 75-0103 of this article.
    13    5.  "Disadvantaged communities" means communities that bear burdens of
    14  negative public health  effects,  environmental  pollution,  impacts  of
    15  climate  change, and possess certain socioeconomic criteria, or comprise
    16  high-concentrations of low- and moderate- income households, as  identi-
    17  fied pursuant to section 75-0111 of this article.
    18    6.  "Emissions reduction measures" means programs, measures and stand-
    19  ards, authorized pursuant to this  chapter,  applicable  to  sources  or
    20  categories  of  sources, that are designed to reduce emissions of green-
    21  house gases.
    22    7. "Greenhouse gas" means  carbon  dioxide,  methane,  nitrous  oxide,
    23  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other
    24  substance  emitted  into  the  air that may be reasonably anticipated to
    25  cause or contribute to anthropogenic climate change.
    26    8. "Greenhouse gas emission limit" means the maximum  allowable  level
    27  of statewide greenhouse gas emissions, in a specified year, expressed in
    28  tons  of  carbon  dioxide  equivalent,  as  determined by the department
    29  pursuant to this article.
    30    9. "Greenhouse gas emission offset" means a deduction representing one
    31  metric ton of carbon dioxide equivalent emissions, reduced, avoided,  or
    32  sequestered  by a greenhouse gas emission offset project from a measured
    33  baseline of emissions pursuant to the statewide greenhouse gas emissions
    34  report.
    35    10. "Greenhouse gas  emission  offset  projects"  means  one  or  more
    36  projects, including:
    37    a.  Natural  carbon  sinks including but not limited to afforestation,
    38  reforestation, or wetlands restoration;
    39    b. Greening infrastructure;
    40    c. Restoration and sustainable management of natural and urban forests
    41  or working lands, grasslands, coastal wetlands and sub-tidal habitats;
    42    d. Efforts to reduce hydrofluorocarbon refrigerant, sulfur  hexafluor-
    43  ide, and other ozone depleting substance releases;
    44    e.  Anaerobic  digesters,  where  energy  produced  is directed toward
    45  localized use;
    46    f. Carbon capture and sequestration;
    47    g. Ecosystem restoration; and
    48    h. Other types of projects recommended by the council in  consultation
    49  with  the  climate  justice working group that provide public health and
    50  environmental benefits, and  do  not  create  burdens  in  disadvantaged
    51  communities.
    52    11.  "Greenhouse  gas emission source" or "source" means any anthropo-
    53  genic source or category of  anthropogenic  sources  of  greenhouse  gas
    54  emissions, determined by the department:
    55    a.  whose  participation  in the program will enable the department to
    56  effectively reduce greenhouse gas emissions; and,

        S. 6599                             6                            A. 8429
     1    b. that are capable of being monitored for compliance.
     2    12. "Leakage" means a reduction in emissions of greenhouse gases with-
     3  in  the  state  that is offset by an increase in emissions of greenhouse
     4  gases outside of the state.
     5    13. "Statewide greenhouse gas emissions" means the total annual  emis-
     6  sions  of  greenhouse gases produced within the state from anthropogenic
     7  sources and greenhouse gases produced outside  of  the  state  that  are
     8  associated  with  the  generation of electricity imported into the state
     9  and the extraction and transmission of fossil fuels  imported  into  the
    10  state.  Statewide emissions shall be expressed in tons of carbon dioxide
    11  equivalents.
    12    14. "Statewide greenhouse gas emissions limit" or "statewide emissions
    13  limit"  means  the  maximum  allowable level of statewide greenhouse gas
    14  emissions in a specified year, as determined by the department  pursuant
    15  to this article.
    16    15.  "Environmental  justice  advisory group" shall mean the permanent
    17  environmental justice advisory group established by  a  chapter  of  the
    18  laws  of  two  thousand nineteen amending the environmental conservation
    19  law relating to establishing a permanent environmental justice  advisory
    20  group  and an environmental justice interagency coordinating council, as
    21  proposed in legislative bills numbers S. 2385 and A. 1564.
    22  § 75-0103. New York state climate action council.
    23    1. There is hereby established the New York state climate action coun-
    24  cil ("council") which shall consist of the following twenty-two members:
    25    a. the commissioners of transportation, health, economic  development,
    26  agriculture  and  markets,  housing and community renewal, environmental
    27  conservation, labor, the chairperson of the public  service  commission,
    28  the  presidents  of  the  New York state energy research and development
    29  authority; New York power authority; Long Island  power  authority;  the
    30  secretary of state, or their designees.
    31    b. two non-agency expert members appointed by the governor;
    32    c.  three  members  to  be appointed by the temporary president of the
    33  senate;
    34    d. three members to be appointed by the speaker of the assembly;
    35    e. one member to be appointed by the minority leader  of  the  senate;
    36  and
    37    f. one member to be appointed by the minority leader of the assembly.
    38    2.  The  at  large members shall include at all times individuals with
    39  expertise in issues relating to climate change mitigation and/or adapta-
    40  tion, such as environmental justice, labor, public health and  regulated
    41  industries.
    42    3.  Council  members  shall receive no compensation for their services
    43  but shall be reimbursed for actual and necessary  expenses  incurred  in
    44  the performance of their duties.
    45    4.  The  co-chairpersons  of  the council shall be the commissioner of
    46  environmental conservation and the president of the New York state ener-
    47  gy research and development authority or their designee.
    48    5. Each member of the council shall be entitled to one vote. The coun-
    49  cil's approval and adoption of the final scoping plan pursuant  to  this
    50  section,  and  any  subsequent  interim updates thereto, shall require a
    51  supermajority of the council. No action may  be  taken  by  the  council
    52  unless  there is a quorum, which shall at all times be a majority of the
    53  members of the council.
    54    6. Any vacancies on the council shall be filled in the manner provided
    55  for the initial appointment.

        S. 6599                             7                            A. 8429
     1    7. The council shall convene advisory panels requiring special  exper-
     2  tise  and,  at a minimum, shall establish advisory panels on transporta-
     3  tion, energy intensive and trade-exposed industries, land-use and  local
     4  government,  energy  efficiency and housing, power generation, and agri-
     5  culture  and  forestry.   The purpose of the advisory panels shall be to
     6  provide recommendations to the council on specific topics, in its prepa-
     7  ration of the scoping plan, and interim updates to the scoping plan, and
     8  in fulfilling the council's ongoing duties.
     9    a. Each advisory panel shall be chaired by the relevant agency head or
    10  his or her designee.  The council may convene  and  dissolve  additional
    11  advisory  panels,  in  its sole discretion, and pursuant to the require-
    12  ments herein.
    13    b. Advisory panels shall be comprised of  no  more  than  five  voting
    14  members.    The  council  shall  elect  advisory panel members, and such
    15  membership shall at all times represent individuals with direct involve-
    16  ment or expertise in matters to be  addressed  by  the  advisory  panels
    17  pursuant to this section.
    18    c.  Advisory panels shall work directly with the council on the prepa-
    19  ration of the scoping plan pursuant to this section. Each advisory panel
    20  shall coordinate with  the  environmental  justice  advisory  group  and
    21  climate justice working group.
    22    d.  All  agencies  of  the  state  or subdivisions thereof may, at the
    23  request of any such advisory panel or the council, provide the  advisory
    24  panel with such facilities, assistance, and data as will enable advisory
    25  panels to carry out their powers and duties.
    26    8.  The  council  shall  convene  a just transition working group. The
    27  working group shall be chaired by the  commissioner  of  labor  and  the
    28  president of the New York state energy research and development authori-
    29  ty  and  shall consist of no less than thirteen, but no more than seven-
    30  teen members and shall include the commissioners of housing and communi-
    31  ty  renewal,  the  chair  of   the   department   of   public   service,
    32  representatives of environmental justice communities and representatives
    33  of labor organizations, clean energy developers and at least five repre-
    34  sentatives of distinct energy-intensive industries.  The just transition
    35  working group shall:
    36    a. advise the council on issues and opportunities for workforce devel-
    37  opment  and  training  related  to energy efficiency measures, renewable
    38  energy and other clean  energy  technologies,  with  specific  focus  on
    39  training  and workforce opportunities for disadvantaged communities, and
    40  segments of the population that may be  underrepresented  in  the  clean
    41  energy  workforce  such  as  veterans,  women  and formerly incarcerated
    42  persons;
    43    b. identify energy-intensive industries and related trades and identi-
    44  fy sector specific impacts of the state's current workforce and  avenues
    45  to  maximize  the  skills and expertise of New York state workers in the
    46  new energy economy;
    47    c. identify sites of electric generating facilities that may be closed
    48  as a result of a transition to a clean energy sector and the issues  and
    49  opportunities presented by reuse of those sites;
    50    d. with respect to potential for greenhouse gas emission limits devel-
    51  oped  by  the  department of environmental conservation pursuant to this
    52  article, advise the council on the potential impacts of  carbon  leakage
    53  risk  on New York state industries and local host communities, including
    54  the impact of any potential carbon reduction measures  on  the  competi-
    55  tiveness of New York state business and industry;

        S. 6599                             8                            A. 8429
     1    e.  advise  the  council and conduct stakeholder outreach on any other
     2  workforce matters directed by the council; and
     3    f.  at  a  time  frame  determined by the council, prepare and publish
     4  recommendations to the council on how to address:  issues  and  opportu-
     5  nities related to the energy-intensive and trade-exposed entities; work-
     6  force  development for trade-exposed entities, disadvantaged communities
     7  and underrepresented segments of the population;  measures  to  minimize
     8  the carbon leakage risk and minimize anti-competitiveness impacts of any
     9  potential carbon policies and energy sector mandates.
    10    g. The just transition working group is hereby authorized and directed
    11  to conduct a study of and report on:
    12    i.  The  number of jobs created to counter climate change, which shall
    13  include but not be limited to the energy sector, building sector, trans-
    14  portation sector, and working lands sector;
    15    ii. The projection of the inventory of jobs needed and the skills  and
    16  training  required to meet the demand of jobs to counter climate change;
    17  and
    18    iii. Workforce disruption due to  community  transitions  from  a  low
    19  carbon economy.
    20    9.  The department and the New York state energy research and develop-
    21  ment authority shall provide the council with such  facilities,  assist-
    22  ance  and  data  as  will enable the council to carry out its powers and
    23  duties. Additionally, all other agencies of the  state  or  subdivisions
    24  thereof  may, at the request of the co-chairpersons, provide the council
    25  with such facilities, assistance, and data as will enable the council to
    26  carry out its powers and duties.
    27    10. The council shall consult with the climate justice  working  group
    28  established  in section 75-0111 of this article, the department of state
    29  utility intervention unit, and the federally  designated  electric  bulk
    30  system operator.
    31    11.  The council shall on or before two years of the effective date of
    32  this article, prepare and approve a scoping plan outlining the recommen-
    33  dations for attaining the statewide greenhouse gas emissions  limits  in
    34  accordance  with  the  schedule  established  in section 75-0107 of this
    35  article, and for the reduction of emissions beyond eighty-five  percent,
    36  net zero emissions in all sectors of the economy, which shall inform the
    37  state energy planning board's adoption of a state energy plan in accord-
    38  ance  with  section 6-104 of the energy law. The first state energy plan
    39  issued subsequent to completion of the scoping  plan  required  by  this
    40  section shall incorporate the recommendations of the council.
    41    12. The draft scoping plan shall be developed in consultation with the
    42  environmental  justice  advisory  group, and the climate justice working
    43  group established pursuant to section 75-0111 of this article and  other
    44  stakeholders.
    45    a.  The  council shall hold at least six regional public comment hear-
    46  ings on the draft scoping plan, including three meetings in the  upstate
    47  region  and  three  meetings in the downstate region, and shall allow at
    48  least one hundred twenty days for the submission of public comment.
    49    b. The council  shall  provide  meaningful  opportunities  for  public
    50  comment from all segments of the population that will be impacted by the
    51  plan,  including  persons living in disadvantaged communities as identi-
    52  fied pursuant to section 75-0111 of this article.
    53    c. On or before three years of the effective date of this article, the
    54  council shall submit the final scoping plan to the governor, the speaker
    55  of the assembly and the temporary president of the senate and post  such
    56  plan on its website.

        S. 6599                             9                            A. 8429
     1    13.  The scoping plan shall identify and make recommendations on regu-
     2  latory measures and other state actions that will ensure the  attainment
     3  of the statewide greenhouse gas emissions limits established pursuant to
     4  section  75-0107 of this article. The measures and actions considered in
     5  such scoping plan shall at a minimum include:
     6    a.  Performance-based  standards  for  sources of greenhouse gas emis-
     7  sions, including but not  limited  to  sources  in  the  transportation,
     8  building, industrial, commercial, and agricultural sectors.
     9    b.  Measures  to  reduce  emissions  from  the  electricity  sector by
    10  displacing fossil-fuel fired electricity with renewable  electricity  or
    11  energy efficiency.
    12    c.  Land-use  and  transportation  planning measures aimed at reducing
    13  greenhouse gas emissions from motor vehicles.
    14    d. Measures to achieve long-term carbon sequestration  and/or  promote
    15  best management practices in land use, agriculture and forestry.
    16    e.  Measures  to  achieve  six  gigawatts  of distributed solar energy
    17  capacity installed in the state by two thousand twenty-five, nine  giga-
    18  watts of offshore wind capacity installed by two thousand thirty-five, a
    19  statewide  energy  efficiency  goal  of one hundred eighty-five trillion
    20  British thermal units energy reduction from the two thousand twenty-five
    21  forecast; and three gigawatts of statewide energy  storage  capacity  by
    22  two thousand thirty.
    23    f.  Measures to promote the beneficial electrification of personal and
    24  freight transport and other strategies to reduce  greenhouse  gas  emis-
    25  sions from the transportation sector.
    26    g.  Measures  to achieve reductions in energy use in existing residen-
    27  tial or commercial buildings, including the  beneficial  electrification
    28  of  water  and  space heating in buildings, establishing appliance effi-
    29  ciency standards, strengthening building energy codes, requiring  annual
    30  building  energy  benchmarking,  disclosing  energy  efficiency  in home
    31  sales, and expanding the ability of state facilities to utilize perform-
    32  ance contracting.
    33    h. Recommendations to aid in the transition of the state workforce and
    34  the rapidly emerging clean energy industry.
    35    i. Measures to achieve healthy forests  that  support  clean  air  and
    36  water, biodiversity, and sequester carbon.
    37    j. Measures to limit the use of chemicals, substances or products that
    38  contribute to global climate change when released to the atmosphere, but
    39  are not intended for end-use combustion.
    40    k.  Mechanisms  to  limit  emission  leakage as defined in subdivision
    41  eleven of section 75-0101 of this article.
    42    l. Verifiable, enforceable and voluntary emissions reduction measures.
    43    14. In developing such plan the council shall:
    44    a. Consider all relevant  information  pertaining  to  greenhouse  gas
    45  emissions  reduction  programs  in  states  in the United States Climate
    46  Alliance, as well as other states, regions, localities, and nations.
    47    b. Evaluate, using the best available economic models, emission  esti-
    48  mation  techniques  and  other  scientific  methods, the total potential
    49  costs and potential economic and non-economic benefits of the  plan  for
    50  reducing  greenhouse gases, and make such evaluation publicly available.
    51  In conducting this evaluation, the council shall quantify:
    52    i. The economic  and  social  benefits  of  greenhouse  gas  emissions
    53  reductions,  taking into account the value of carbon, established by the
    54  department pursuant to section 75-0113 of this article, any other  tools
    55  that  the  council deems useful and pertinent for this analysis, and any
    56  environmental, economic and  public  health  co-benefits  (such  as  the

        S. 6599                            10                            A. 8429

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

        S. 6599                            11                            A. 8429

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

        S. 6599                            12                            A. 8429
     1  by section eight of the chapter of the laws  of  two  thousand  nineteen
     2  that added this article.
     3    2.  The  regulations  promulgated  by  the department pursuant to this
     4  section shall:
     5    a. Ensure that the aggregate emissions of greenhouse gases from green-
     6  house gas emission sources will not exceed the statewide greenhouse  gas
     7  emissions limits established in section 75-0107 of this article.
     8    b.  Include  legally  enforceable emissions limits, performance stand-
     9  ards, or measures or other requirements to control emissions from green-
    10  house gas emission sources, with the exception of agricultural emissions
    11  from livestock.
    12    c. Reflect, in substantial part, the  findings  of  the  scoping  plan
    13  prepared pursuant to section 75-0103 of this article.
    14    d.  Include  measures to reduce emissions from greenhouse gas emission
    15  sources that have a cumulatively significant impact on statewide  green-
    16  house  gas  emissions,  such  as  internal combustion vehicles that burn
    17  gasoline or diesel fuel and boilers or furnaces that burn oil or natural
    18  gas.
    19    3. In promulgating these regulations, the department shall:
    20    a. Design and implement all regulations in a manner that seeks  to  be
    21  equitable,  to  minimize costs and to maximize the total benefits to New
    22  York, and encourages early action to reduce greenhouse gas emissions.
    23    b. Ensure that greenhouse gas emissions reductions achieved are  real,
    24  permanent, quantifiable, verifiable, and enforceable by the department.
    25    c. Ensure that activities undertaken to comply with the regulations do
    26  not  result  in  a  net  increase in co-pollutant emissions or otherwise
    27  disproportionately burden disadvantaged communities as identified pursu-
    28  ant to section 75-0111 of this article.
    29    d. Prioritize measures to maximize net reductions  of  greenhouse  gas
    30  emissions  and  co-pollutants in disadvantaged communities as identified
    31  pursuant to section 75-0111 of this article and encourage  early  action
    32  to reduce greenhouse gas emissions and co-pollutants.
    33    e. Incorporate measures to minimize leakage.
    34    4. a. The department may establish an alternative compliance mechanism
    35  to  be  used  by  sources  subject to greenhouse gas emissions limits to
    36  achieve net zero emissions.
    37    b. The use of such  mechanism  shall  account  for  not  greater  than
    38  fifteen  percent  of  statewide  greenhouse gas emissions estimated as a
    39  percentage of nineteen ninety emissions pursuant to section  75-0105  of
    40  this  article,  provided  that  the  use of this mechanism must offset a
    41  quantity greater than or equal to  the  greenhouse  gases  emitted.  The
    42  offset  of  greenhouse  gas  emissions shall not result in disadvantaged
    43  communities having to bear a disproportionate  burden  of  environmental
    44  impacts.
    45    c.  The  department  shall  verify that greenhouse gas emission offset
    46  projects authorized pursuant to this  subdivision  represent  greenhouse
    47  gas  equivalent  emission  reductions  or  carbon sequestration that are
    48  real, additional, verifiable, enforceable, and permanent.
    49    d. Any greenhouse gas emissions offset project shall comply  with  all
    50  of the requirements of this subdivision.
    51    e.  The  department  shall establish an application process that, at a
    52  minimum, requires a source to sufficiently demonstrate  that  compliance
    53  with  the  greenhouse gas emissions limits is not technologically feasi-
    54  ble, and that the source has reduced emissions  to  the  maximum  extent
    55  practicable.  After  an  initial  four year period, the department shall
    56  review the participation of a source  in  this  mechanism,  and  make  a

        S. 6599                            13                            A. 8429
     1  determination  as  to  the  source's  continued  need for an alternative
     2  compliance, considering the extent to which the source is utilizing  the
     3  best available technology standards.
     4    f.  Sources in the electric generation sector shall not be eligible to
     5  participate in such mechanism.
     6    g. The following types of projects shall be prohibited:
     7    i. waste-to-energy projects, including incineration and pyrolysis; and
     8    ii. biofuels used for energy or transportation purposes.
     9    h. Any greenhouse gas emission offset project approved by the  depart-
    10  ment shall:
    11    i.  be  designed  to  provide a discernable benefit to the environment
    12  rather than to the source;
    13    ii. be located in the  same  county,  and  within  twenty-five  linear
    14  miles, of the source of emissions, to the extent practicable;
    15    iii.  enhance  the  conditions  of  the  ecosystem  or geographic area
    16  adversely affected; and
    17    iv. substantially reduce or  prevent  the  generation  or  release  of
    18  pollutants through source reduction.
    19    i.  A  greenhouse gas emission offset project shall not be approved by
    20  the department where the project:
    21    i. is required pursuant to any local,  state  or  federal  law,  regu-
    22  lation, or administrative or judicial order;
    23    ii.  contains  measures  which the source would have undertaken anyway
    24  within the next five years;
    25    iii. contributes to environmental research at a college or university;
    26  or
    27    iv. is a study or assessment without a  commitment  to  implement  the
    28  results.
    29    j.  In  approving greenhouse gas emission offset projects, the depart-
    30  ment shall prioritize projects that maximize public health and  environ-
    31  mental  benefits  within  the state and especially localized benefits in
    32  disadvantaged communities, defined pursuant to section 75-0111  of  this
    33  article.
    34    k.  The department shall establish a public registry of greenhouse gas
    35  emission offset projects approved pursuant to this subdivision.
    36    l. Prior to the inclusion of any alternative compliance  mechanism  in
    37  the  regulations,  to  the  extent  feasible  and  in the furtherance of
    38  achieving the statewide greenhouse gas emissions limit,  the  department
    39  shall do all of the following:
    40    i. consult with the council, the environmental justice advisory group,
    41  and the climate justice working group;
    42    ii.  consider the potential for direct, indirect, and cumulative emis-
    43  sion impacts from this mechanism, including localized impacts in  disad-
    44  vantaged  communities  as identified pursuant to section 75-0111 of this
    45  article;
    46    iii. design  the  alternative  compliance  mechanism  to  prevent  any
    47  increase in the emissions of co-pollutants; and
    48    iv.  maximize  additional  environmental,  public health, and economic
    49  benefits for the state  and  for  disadvantaged  communities  identified
    50  pursuant to section 75-0111 of this article, as appropriate.
    51  § 75-0111. Climate justice working group.
    52    1.  There  is  hereby created within the department, no later than six
    53  months after the effective date of  this  article,  a  "climate  justice
    54  working  group". Such working group will be comprised of representatives
    55  from: environmental justice communities, the department, the  department

        S. 6599                            14                            A. 8429
     1  of health, the New York state energy and research development authority,
     2  and the department 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 council shall hold at least six regional public hearings on the
    35  draft criteria and the draft list of disadvantaged communities,  includ-
    36  ing three meetings in the upstate region and three meetings in the down-
    37  state  region,  and shall allow at least one hundred twenty days for the
    38  submission of public comment.
    39    b. The council shall also ensure that there  are  meaningful  opportu-
    40  nities  for  public comment for all segments of the population that will
    41  be impacted by the criteria, including persons living in areas that  may
    42  be identified as 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

        S. 6599                            15                            A. 8429

     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-two, 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-four, 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. 6599                            16                            A. 8429
     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    State  agencies,  authorities  and  entities, in consultation with the
     9  environmental justice working group  and  the  climate  action  council,
    10  shall,  to  the extent practicable, invest or direct available and rele-
    11  vant programmatic resources in a manner designed to achieve a  goal  for
    12  disadvantaged  communities  to receive forty percent of overall benefits
    13  of spending on clean energy and energy efficiency programs, projects  or
    14  investments  in  the  areas of housing, workforce development, pollution
    15  reduction, low income  energy  assistance,  energy,  transportation  and
    16  economic  development,  provided however, that disadvantaged communities
    17  shall receive no less than thirty-five percent of the  overall  benefits
    18  of  spending on clean energy and energy efficiency programs, projects or
    19  investments and provided further that this section shall not alter funds
    20  already contracted or  committed  as  of  the  effective  date  of  this
    21  section.
    22  § 75-0119. Implementation reporting.
    23    1.  The  department  in  consultation with the council shall, not less
    24  than every four years, publish a report which shall include  recommenda-
    25  tions regarding the implementation of greenhouse gas reduction measures.
    26    2. The report shall, at minimum, include:
    27    a.  Whether the state is on track to meet the statewide greenhouse gas
    28  emissions limits established in section 75-0107 of this article.
    29    b. An assessment of existing regulations and whether modifications are
    30  needed to ensure fulfillment of the statewide greenhouse  gas  emissions
    31  limits.
    32    c.  An overview of social benefits from the regulations or other meas-
    33  ures, including reductions in greenhouse gas emissions and copollutants,
    34  diversification of energy sources, and other benefits  to  the  economy,
    35  environment, and public health.
    36    d.  An overview of compliance costs for regulated entities and for the
    37  department and other state agencies.
    38    e. Whether regulations or  other  greenhouse  gas  reduction  measures
    39  undertaken are equitable, minimize costs and maximize the total benefits
    40  to the state, and encourage early action.
    41    f.  Whether  activities  undertaken  to  comply with state regulations
    42  disproportionately burden disadvantaged communities as identified pursu-
    43  ant to section 75-0111 of this article.
    44    g. An assessment of local benefits and impacts of  any  reductions  in
    45  co-pollutants  related  to  reductions in statewide and local greenhouse
    46  gas emissions.
    47    h. An assessment of disadvantaged communities' access to or  community
    48  ownership  of  the services and commodities identified in section six of
    49  the chapter of the laws of two thousand nineteen which added this  arti-
    50  cle.
    51    i. Whether entities that have voluntarily reduced their greenhouse gas
    52  emissions  prior to the implementation of this article receive appropri-
    53  ate credit for early voluntary reductions.
    54    j. Recommendations for future regulatory and policy action.

        S. 6599                            17                            A. 8429
     1    3. In preparing this report,  the  department  shall,  at  a  minimum,
     2  consult  with  the council, and the climate justice working group estab-
     3  lished in section 75-0111 of this article.
     4    4.  The  report  shall  be  published  and  posted on the department's
     5  website.
     6    § 3. Paragraphs f and g of subdivision 1 of  section  54-1523  of  the
     7  environmental conservation law, as added by section 5 of part U of chap-
     8  ter  58  of the laws of 2016, are amended and a new paragraph h is added
     9  to read as follows:
    10    f. enabling communities to become certified under  the  climate  smart
    11  communities  program, including by developing natural resources invento-
    12  ries, right sizing of municipal fleets and developing climate adaptation
    13  strategies; [and]
    14    g. climate change adaptation planning and supporting studies,  includ-
    15  ing  but  not  limited  to vulnerability assessment and risk analysis of
    16  municipal drinking water,  wastewater,  and  transportation  infrastruc-
    17  ture[.]; and
    18    h.  to  establish  and  implement  easily-replicated  renewable energy
    19  projects, including solar arrays, heat pumps and wind turbines in public
    20  low-income housing in suburban, urban and rural areas.
    21    § 4. The public service law is amended by adding a new section 66-p to
    22  read as follows:
    23    § 66-p. Establishment of a renewable energy program.   1. As  used  in
    24  this section:
    25    (a)  "jurisdictional  load serving entity" means any entity subject to
    26  the jurisdiction of the commission that  secures  energy  to  serve  the
    27  electrical energy requirements of end-use customers in New York state;
    28    (b) "renewable energy systems" means systems that generate electricity
    29  or thermal energy through use of the following technologies: solar ther-
    30  mal, photovoltaics, on land and offshore wind, hydroelectric, geothermal
    31  electric,  geothermal  ground  source  heat,  tidal energy, wave energy,
    32  ocean thermal, and fuel  cells  which  do  not  utilize  a  fossil  fuel
    33  resource in the process of generating electricity.
    34    2.  No later than June thirtieth, two thousand twenty-one, the commis-
    35  sion shall establish a program to require that: (a) a minimum of seventy
    36  percent of the state wide electric generation secured by  jurisdictional
    37  load  serving entities to meet the electrical energy requirements of all
    38  end-use customers in New York state in  two  thousand  thirty  shall  be
    39  generated  by  renewable  energy  systems;  and (b) that by the year two
    40  thousand forty (collectively, the "targets")  the  statewide  electrical
    41  demand  system will be zero emissions. In establishing such program, the
    42  commission shall consider and where applicable formulate the program  to
    43  address  impacts of the program on safe and adequate electric service in
    44  the state under reasonably foreseeable conditions.  The commission  may,
    45  in  designing the program, modify the obligations of jurisdictional load
    46  serving entities and/or the targets upon consideration  of  the  factors
    47  described in this subdivision.
    48    3.  No  later  than July first, two thousand twenty-four and every two
    49  years thereafter, the commission shall, after notice and  provision  for
    50  the  opportunity to comment, issue a comprehensive review of the program
    51  established pursuant to this section. The  commission  shall  determine,
    52  among  other  matters:  (a)  progress in meeting the overall targets for
    53  deployment of  renewable  energy  systems  and  zero  emission  sources,
    54  including  factors  that will or are likely to frustrate progress toward
    55  the targets; (b) distribution of systems by size and load zone; and  (c)
    56  annual funding commitments and expenditures.

        S. 6599                            18                            A. 8429

     1    4.  The  commission  may temporarily suspend or modify the obligations
     2  under such program provided that  the  commission,  after  conducting  a
     3  hearing  as  provided in section twenty of this chapter, makes a finding
     4  that the program impedes the provision of  safe  and  adequate  electric
     5  service; the program is likely to impair existing obligations and agree-
     6  ments; and/or that there is a significant increase in arrears or service
     7  disconnections that the commission determines is related to the program.
     8    5.  No later than July first, two thousand twenty-four, the commission
     9  shall establish programs to require the procurement by the state's  load
    10  serving entities of at least nine gigawatts of offshore wind electricity
    11  generation by two thousand thirty-five and six gigawatts of photovoltaic
    12  solar generation by two thousand twenty-five, and to support three giga-
    13  watts of statewide energy storage capacity by two thousand thirty.
    14    6.  In  any  proceeding  commenced  by  the  commission with a goal of
    15  achieving one hundred eighty-five  trillion  British  thermal  units  of
    16  end-use  energy  savings  below  the two thousand twenty-five energy-use
    17  forecast, the commission will include mechanisms to ensure  that,  where
    18  practicable, at least twenty percent of investments in residential ener-
    19  gy  efficiency,  including  multi-family  housing,  can be invested in a
    20  manner which will benefit disadvantaged communities, as defined in arti-
    21  cle seventy-five of the environmental conservation law, including low to
    22  moderate income consumers.
    23    7. In the implementation of this section, the commission shall  design
    24  programs  in  a manner to provide substantial benefits for disadvantaged
    25  communities, as defined in article  seventy-five  of  the  environmental
    26  conservation  law,  including  low  to  moderate  income consumers, at a
    27  reasonable cost while  ensuring  safe  and  reliable  electric  service.
    28  Specifically, the commission shall:
    29    (a)  To  the  extent practicable, specify that a minimum percentage of
    30  energy storage projects should deliver clean energy benefits into  NYISO
    31  zones that serve disadvantaged communities, as defined in article seven-
    32  ty-five of the environmental conservation law, including low to moderate
    33  income consumers, and that energy storage projects be deployed to reduce
    34  the  usage  of  combustion-powered peaking facilities located in or near
    35  disadvantaged communities;
    36    (b) In pursuing the state's solar deployment goals, the New York state
    37  energy research and development authority shall consider enhanced incen-
    38  tive payments for solar and community distributed  generation  projects,
    39  focusing  in  particular  but not limited to those serving disadvantaged
    40  communities, as defined in article  seventy-five  of  the  environmental
    41  conservation  law,  which  result  in energy cost savings or demonstrate
    42  community ownership models; and,
    43    (c) In the allocation of ratepayer funds for clean energy, direct  the
    44  New  York  state  energy research and development authority and investor
    45  owned utilities to develop and report metrics  for  energy  savings  and
    46  clean  energy  market  penetration in the low and moderate income market
    47  and in disadvantaged communities, as defined in article seventy-five  of
    48  the  environmental  conservation  law,  and post such information on the
    49  authority's website.
    50    § 5. This act shall be subject to current prevailing wage law.
    51    § 6. Report on barriers to, and opportunities for, community ownership
    52  of services and commodities  in  disadvantaged  communities.  1.  On  or
    53  before  two  years  of the effective date of this act, the department of
    54  environmental conservation, in cooperation with the New York state ener-
    55  gy research and development authority and the New York power  authority,
    56  with input from relevant state agencies, the environmental justice advi-

        S. 6599                            19                            A. 8429
     1  sory  group as defined in section 75-0101 of the environmental conserva-
     2  tion law, the climate  justice  working  group  as  defined  in  section
     3  75-0111 of the environmental conservation law and Climate Action Council
     4  established  in  article  75  of the environmental conservation law, and
     5  following at least two public hearings, shall prepare a report on barri-
     6  ers to, and opportunities for, access to or community ownership  of  the
     7  following services and commodities in disadvantaged communities as iden-
     8  tified in article 75 of the environmental conservation law:
     9    a. Distributed renewable energy generation.
    10    b. Energy efficiency and weatherization investments.
    11    c. Zero-emission and low-emission transportation options.
    12    d.  Adaptation  measures  to improve the resilience of homes and local
    13  infrastructure to the impacts of climate change including but not limit-
    14  ed to microgrids.
    15    e. Other services and infrastructure that can reduce the risks associ-
    16  ated with climate-related hazards, including but not limited to:
    17    i. Shelters and cool rooms during extreme heat events;
    18    ii. Shelters during flooding events; and
    19    iii. Medical treatment for asthma and other conditions that  could  be
    20  exacerbated by climate-related events.
    21    2.  The  report, which shall be submitted to the governor, the speaker
    22  of the assembly and the temporary president of the senate and posted  on
    23  the  department  of  environmental  conservation  website, shall include
    24  recommendations on how to increase access to the  services  and  commod-
    25  ities.
    26    3.  The department of environmental conservation shall amend the scop-
    27  ing plan for statewide greenhouse gas emissions reductions in accordance
    28  with the recommendations included in the report.
    29    § 7. Climate change actions by state agencies. 1. All  state  agencies
    30  shall  assess  and  implement  strategies to reduce their greenhouse gas
    31  emissions.
    32    2. In considering and issuing permits, licenses, and other administra-
    33  tive approvals and decisions, including but not limited to the execution
    34  of grants, loans, and contracts, all state agencies,  offices,  authori-
    35  ties, and divisions shall consider whether such decisions are inconsist-
    36  ent  with  or will interfere with the attainment of the statewide green-
    37  house  gas  emissions  limits  established  in   article   75   of   the
    38  environmental  conservation  law.  Where such decisions are deemed to be
    39  inconsistent with or will interfere with the attainment of the statewide
    40  greenhouse gas emissions limits,  each  agency,  office,  authority,  or
    41  division  shall  provide a detailed statement of justification as to why
    42  such limits/criteria may not be met, and identify alternatives or green-
    43  house gas mitigation measures to  be  required  where  such  project  is
    44  located.
    45    3. In considering and issuing permits, licenses, and other administra-
    46  tive approvals and decisions, including but not limited to the execution
    47  of  grants, loans, and contracts, pursuant to article 75 of the environ-
    48  mental conservation law, all state agencies, offices,  authorities,  and
    49  divisions  shall not disproportionately burden disadvantaged communities
    50  as identified pursuant to subdivision 5 of section 75-0101 of the  envi-
    51  ronmental  conservation  law.  All state agencies, offices, authorities,
    52  and divisions shall also prioritize reductions of greenhouse  gas  emis-
    53  sions  and  co-pollutants  in  disadvantaged  communities  as identified
    54  pursuant to such subdivision 5 of section 75-0101 of  the  environmental
    55  conservation law.

        S. 6599                            20                            A. 8429
     1    §  8.  Authorization for other state agencies to promulgate greenhouse
     2  gas emissions regulations. 1. The public  service  commission,  the  New
     3  York  state energy research and development authority, the department of
     4  health, the department of transportation, the department of  state,  the
     5  department  of  economic  development, the department of agriculture and
     6  markets, the department of financial services,  the  office  of  general
     7  services,  the  division  of  housing  and community renewal, the public
     8  utility authorities established pursuant to  titles  1,  1-A,  1-B,  11,
     9  11-A, 11-B, 11-C and 11-D of article 5 of the public authorities law and
    10  any  other  state  agency  shall promulgate regulations to contribute to
    11  achieving the statewide greenhouse gas emissions limits  established  in
    12  article 75 of the environmental conservation law. Provided, however, any
    13  such regulations shall not limit the department of environmental conser-
    14  vation's  authority  to  regulate  and  control greenhouse gas emissions
    15  pursuant to article 75 of the environmental conservation law.
    16    § 9. Chapter 355 of the laws of 2014, constituting the community  risk
    17  and  resiliency act, is amended by adding two new sections 17-a and 17-b
    18  to read as follows:
    19    § 17-a.  The  department  of  environmental  conservation  shall  take
    20  actions to promote adaptation and resilience, including:
    21    (a)  actions  to  help  state  agencies  and other entities assess the
    22  reasonably foreseeable risks of climate change on any proposed projects,
    23  taking into account issues such as: sea level rise, tropical and  extra-
    24  tropical  cyclones, storm surges, flooding, wind, changes in average and
    25  peak temperatures, changes in average  and  peak  precipitation,  public
    26  health impacts, and impacts on species and other natural resources.
    27    (b)  identifying  the  most  significant climate-related risks, taking
    28  into account the probability of occurrence, the magnitude of the  poten-
    29  tial harm, and the uncertainty of the risk.
    30    (c) measures that could mitigate significant climate-related risks, as
    31  well as a cost-benefit analysis and implementation of such measures.
    32    § 17-b. Major permits for the regulatory programs of subdivision three
    33  of  section  70-0107 of the environmental conservation law shall require
    34  applicants to demonstrate that future physical  climate  risk  has  been
    35  considered. In reviewing such information the department may require the
    36  applicant  to mitigate significant risks to public infrastructure and/or
    37  services, private property not owned by the applicant,  adverse  impacts
    38  on  disadvantaged  communities, and/or natural resources in the vicinity
    39  of the project.
    40    § 10. Nothing in this act shall limit  the  existing  authority  of  a
    41  state  entity  to adopt and implement greenhouse gas emissions reduction
    42  measures.
    43    § 11. Nothing in this act shall relieve any person, entity, or  public
    44  agency of compliance with other applicable federal, state, or local laws
    45  or  regulations, including state air and water quality requirements, and
    46  other requirements for protecting public health or the environment.
    47    § 12. Review under this act may be had in a proceeding  under  article
    48  78  of  the  civil  practice law and rules at the instance of any person
    49  aggrieved.
    50    § 13. Severability. If any word, phrase, clause, sentence,  paragraph,
    51  section, or part of this act shall be adjudged by any court of competent
    52  jurisdiction  to be invalid, such judgement shall not affect, impair, or
    53  invalidate the remainder thereof, but shall be confined in its operation
    54  to the word, phrase, clause, sentence, paragraph, section, or part ther-
    55  eof directly involved in the controversy in which such  judgement  shall
    56  have been rendered.

        S. 6599                            21                            A. 8429
     1    §  14.  This  act  shall  take effect on the same date and in the same
     2  manner as a chapter of the laws  of  2019,  amending  the  environmental
     3  conservation  law,  relating  to  establishing a permanent environmental
     4  justice advisory group and an environmental justice interagency  coordi-
     5  nating  council, as proposed in legislative bills numbers S. 2385 and A.
     6  1564, takes effect; provided further, the provisions of section  75-0115
     7  of  the  environmental  conservation law as added by section two of this
     8  act shall take effect October 1, 2022.
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