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S02992 Summary:

BILL NOS02992
 
SAME ASSAME AS UNI. A03876
 
SPONSORKAMINSKY
 
COSPNSRHOYLMAN, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GIANARIS, GOUNARDES, HARCKHAM, JACKSON, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LIU, MAY, MAYER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SERRANO, SKOUFIS, STAVISKY, THOMAS
 
MLTSPNSR
 
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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S02992 Memo:

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S02992 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2992                                                  A. 3876
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 31, 2019
                                       ___________
 
        IN  SENATE  --  Introduced  by Sens. KAMINSKY, HOYLMAN -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Environmental Conservation
 
        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 -- Multi-Sponsored by -- M. of A. LENTOL --  read  once  and
          referred to the Committee on Environmental Conservation
 
        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:
 
     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;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05372-03-9

        S. 2992                             2                            A. 3876
 
     1    c. a decline in freshwater and saltwater fish populations;
     2    d.  increased  average temperatures, which increase the demand for air
     3  conditioning and refrigeration among residents and businesses;
     4    e. exacerbation of air pollution; and
     5    f. an increase  in  the  incidences  of  infectious  diseases,  asthma
     6  attacks,  heart  attacks,  and  other  negative  health  outcomes. These
     7  impacts are having a detrimental effect on some of  New  York's  largest
     8  industries,  including agriculture, commercial shipping, forestry, tour-
     9  ism, and recreational and commercial fishing. These impacts  also  place
    10  additional  strain on the physical infrastructure that delivers critical
    11  services to the citizens of New  York,  including  the  state's  energy,
    12  transportation, stormwater, and wastewater infrastructure.
    13    2.  a.  The severity of current climate change and the threat of addi-
    14  tional and more severe change will be affected by the actions undertaken
    15  by New York and other jurisdictions to reduce greenhouse gas  emissions.
    16  According  to  the  U.S. Global Change Research Program (USGCRP) and the
    17  Intergovernmental Panel on Climate Change (IPCC), substantial reductions
    18  in greenhouse gas emissions will be required by mid-century in order  to
    19  limit  global  warming  to  no more than 2°C and ideally 1.5°C, and thus
    20  minimize the risk of severe impacts from climate  change.  Specifically,
    21  industrialized  countries  must reduce their greenhouse gas emissions by
    22  at least 80% below 1990 levels by 2050  in  order  to  stabilize  carbon
    23  dioxide  equivalent  concentrations  at 450 parts per million--the level
    24  required to stay within the 2°C target.
    25    b. On December 12, 2015, one hundred ninety-five countries at the 21st
    26  Conference of the parties of the United Nations Framework Convention  on
    27  Climate  Change adopted an agreement addressing greenhouse gas emissions
    28  mitigation, adaptation, and finance starting in the year 2020, known  as
    29  the  Paris  Agreement.  The  Paris  Agreement was adopted on November 4,
    30  2016, and is the largest  concerted  global  effort  to  combat  climate
    31  change to date.
    32    3.  Action  undertaken by New York to reduce greenhouse emissions will
    33  have an impact on global  greenhouse  gas  emissions  and  the  rate  of
    34  climate  change. In addition, such action will encourage other jurisdic-
    35  tions to implement complementary greenhouse gas reduction strategies and
    36  provide an example of how such strategies can be  implemented.  It  will
    37  also advance the development of green technologies and sustainable prac-
    38  tices  within  the  private  sector, which can have far-reaching impacts
    39  such as a reduction in the cost of renewable energy components, and  the
    40  creation of jobs and tax revenues in New York.
    41    4.  It  shall  therefore  be a goal of the state of New York to reduce
    42  greenhouse gas emissions from all anthropogenic sources 100%  over  1990
    43  levels  by  the  year  2050, with an incremental target of at least a 50
    44  percent reduction in climate pollution by the year 2030,  in  line  with
    45  USGCRP  and  IPCC  projections  of  what  is necessary to avoid the most
    46  severe impacts of climate change.
    47    5. Although substantial emissions reductions are  necessary  to  avoid
    48  the  most  severe  impacts  of  climate change, complementary adaptation
    49  measures will also be needed to  address  those  risks  that  cannot  be
    50  avoided. Some of the impacts of climate change are already observable in
    51  New  York  state  and  the  northeastern  United  States. Annual average
    52  temperatures are on the rise, winter  snow  cover  is  decreasing,  heat
    53  waves  and  precipitation  are  intensifying,  and  sea levels along New
    54  York's coastline are approximately one foot higher  than  they  were  in
    55  1900.  New York has also experienced an increasing number of extreme and
    56  unusual   weather   events,  like  Hurricanes  Irene  and  Lee  and  the

        S. 2992                             3                            A. 3876
 
     1  unprecedented Superstorm Sandy in 2012, which caused at least 53  deaths
     2  and $32 billion in damage in New York state.
     3    6.  New  York  should  therefore  minimize  the  risks associated with
     4  climate change through a combination of  measures  to  reduce  statewide
     5  greenhouse  gas  emissions  and improve the resiliency of the state with
     6  respect to the impacts and  risks  of  climate  change  that  cannot  be
     7  avoided.
     8    7.  Climate change especially heightens the vulnerability of disadvan-
     9  taged communities, which bear environmental and socioeconomic burdens as
    10  well as legacies of racial and ethnic discrimination. Actions undertaken
    11  by New York state to mitigate greenhouse gas emissions should prioritize
    12  the safety and health of disadvantaged  communities,  control  potential
    13  regressive  impacts  of  future climate change mitigation and adaptation
    14  policies on these communities, and prioritize the allocation  of  public
    15  investments in these areas.
    16    8.  Creating good jobs and a thriving economy is a core concern of New
    17  York state.   Shaping the ongoing transition in  our  energy  sector  to
    18  ensure  that  it  creates good jobs and protects workers and communities
    19  that may lose employment in the current transition must be key  concerns
    20  of  our  climate  policy.  Setting  clear  standards for job quality and
    21  training standards encourages not only high-quality  work  but  positive
    22  economic impacts.
    23    9.  Workers  are  at  the front lines of climate change.  Construction
    24  workers and building service workers were  some  of  the  first  workers
    25  dedicated  to cleaning up damage inflicted by recent storms. These work-
    26  ers were often operating in unsafe and toxic environments,  cleaning  up
    27  mold,  and working in unstable buildings. In order to protect the health
    28  and welfare of these workers, it is in the interest of the state of  New
    29  York  to establish safe and healthy working conditions and proper train-
    30  ing for workers involved in climate change related activities. In  addi-
    31  tion, much of the infrastructure work preparing our state for additional
    32  climate  change events must happen quickly and efficiently. It is in the
    33  interest of the state to ensure  labor  harmony  and  promote  efficient
    34  performance  of  work  on climate change related work sites by requiring
    35  workers to be well-trained and adequately compensated.
    36    10. Ensuring career opportunities are  created  and  shared  geograph-
    37  ically  and  demographically  is necessary to ensure increased access to
    38  good jobs for marginalized communities while making the  same  neighbor-
    39  hoods  more resilient.   Climate change has a disproportionate impact on
    40  low-income people, women, and workers. It is  in  the  interest  of  the
    41  state  of  New York to protect and promote the interests of these groups
    42  against the impacts of climate change and severe weather events  and  to
    43  advance our equity goals by ensuring quality employment opportunities in
    44  safe working environments.
    45    11.  The  complexity  of  the  ongoing  energy  transition, the uneven
    46  distribution of economic opportunity, and the  disproportionate  cumula-
    47  tive  economic  and environmental burdens on communities mean that there
    48  is a strong state interest in setting a floor statewide for labor stand-
    49  ards, but allowing and encouraging individual agencies and local govern-
    50  ments to raise standards.
    51    12. By exercising a global leadership role  on  greenhouse  gas  miti-
    52  gation  and climate change adaptation, New York will position its econo-
    53  my, technology centers, financial institutions, and businesses to  bene-
    54  fit  from  national and international efforts to address climate change.
    55  New York state has already  demonstrated  leadership  in  this  area  by
    56  undertaking efforts such as:

        S. 2992                             4                            A. 3876
 
     1    a. executive order no. 24 (2009), establishing a goal to reduce green-
     2  house  gas  emissions  80%  by  the year 2050, creating a climate action
     3  council, and calling for preparation of a climate action plan;
     4    b.  chapter 433 of the laws of 2009, establishing a state energy plan-
     5  ning board and requiring the board to adopt a state energy plan;
     6    c. chapter 388 of the laws of 2011, directing the department of  envi-
     7  ronmental  conservation  to  promulgate  rules  and regulations limiting
     8  emissions of carbon dioxide by newly constructed major generating facil-
     9  ities;
    10    d. the adoption of a state energy plan establishing clean energy goals
    11  for the year 2030 aimed at reducing greenhouse gas  emission  levels  by
    12  40% from 1990 levels, producing 50% of electricity from renewable sourc-
    13  es,  increasing  energy efficiency from 2012 levels by 23% and the addi-
    14  tional expressed goal of  reducing  100%  of  the  electricity  sector's
    15  greenhouse gas emissions by 2040;
    16    e.  collaboration  with  other  states  on the Regional Greenhouse Gas
    17  Initiative, and the development of a regional low carbon fuel standard;
    18    f. creation of new offices and task forces to address climate  change,
    19  including  the  New  York  state office of climate change, the renewable
    20  energy task force, and the sea level rise task force; and
    21    g. the enactment of the Community  Risk  and  Resiliency  Act  (CRRA),
    22  which requires agencies to consider sea level rise and other climate-re-
    23  lated events when implementing certain state programs.
    24    This legislation will build upon these past developments by creating a
    25  comprehensive regulatory program to reduce greenhouse gas emissions that
    26  corresponds  with the targets established in executive order no. 24, the
    27  state energy plan, and USGCRP and IPCC projections.
    28    § 2. The environmental conservation law is amended  by  adding  a  new
    29  article 75 to read as follows:
    30                                 ARTICLE 75
    31                               CLIMATE CHANGE
    32  Section 75-0101. Definitions.
    33          75-0103. New York state climate action council.
    34          75-0105. Statewide greenhouse gas emissions report.
    35          75-0107. Statewide greenhouse gas emissions limits.
    36          75-0109. Scoping  plan  for  statewide  greenhouse gas emissions
    37                     reductions.
    38          75-0111. Promulgation of regulations to achieve statewide green-
    39                     house gas emissions reductions.
    40          75-0113. Climate justice working group.
    41          75-0115. Implementation reporting.
    42  § 75-0101. Definitions.
    43    For the purposes of this article the following terms  shall  have  the
    44  following meanings:
    45    1.  "Allowance"  means  an  authorization  to emit, during a specified
    46  year, up to one ton of carbon dioxide equivalent.
    47    2. "Carbon dioxide equivalent" means the amount of carbon  dioxide  by
    48  mass  that  would produce the same global warming impact as a given mass
    49  of another greenhouse gas over  an  integrated  twenty-year  time  frame
    50  after emission, based on the best available science.
    51    3.  "Co-pollutants"  means hazardous air pollutants produced by green-
    52  house gas emissions sources.
    53    4. "Council" means the New York state climate  action  council  estab-
    54  lished pursuant to section 75-0103 of this article.
    55    5.  "Disadvantaged communities" means communities that bear burdens of
    56  negative public health  effects,  environmental  pollution,  impacts  of

        S. 2992                             5                            A. 3876
 
     1  climate  change,  and possess certain socioeconomic criteria, as identi-
     2  fied pursuant to section 75-0113 of this article.
     3    6.  "Emissions reduction measures" means programs, measures and stand-
     4  ards, authorized pursuant to this  chapter,  applicable  to  sources  or
     5  categories  of  sources, that are designed to reduce emissions of green-
     6  house gases.
     7    7. "Greenhouse gas" means  carbon  dioxide,  methane,  nitrous  oxide,
     8  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other
     9  substance  emitted  into  the  air that may be reasonably anticipated to
    10  cause or contribute to anthropogenic climate change.
    11    8. "Greenhouse gas emission limit" means an  authorization,  during  a
    12  specified  year,  to emit up to a level of greenhouse gases specified by
    13  the department, expressed in tons of carbon dioxide equivalent.
    14    9. "Greenhouse gas emission source" or "source" means any anthropogen-
    15  ic source or category of anthropogenic sources of greenhouse  gas  emis-
    16  sions,  with  the  exception  of  agricultural emissions from livestock,
    17  determined by the department:
    18    a. that its participation in the program will enable the department to
    19  effectively reduce greenhouse gas emissions; and,
    20    b. to be capable of being monitored for compliance.
    21    10. "Leakage" means a reduction in emissions of greenhouse gases with-
    22  in the state that is offset by an increase in  emissions  of  greenhouse
    23  gases outside of the state.
    24    11. "Market-based compliance mechanism" means any of the following:
    25    a.  A  price  on  greenhouse  gas  emissions  from  regulated sources,
    26  expressed as a fee per ton of carbon dioxide equivalent  released  in  a
    27  given year.
    28    b. A system of market-based declining annual aggregate emissions limi-
    29  tations for sources or categories of sources that emit greenhouse gases.
    30    12.  "Statewide greenhouse gas emissions" means the total annual emis-
    31  sions of greenhouse gases produced within the state  from  anthropogenic
    32  sources  and  greenhouse  gases  produced  outside of the state that are
    33  associated with the generation of electricity imported  into  the  state
    34  and  the  extraction  and transmission of fossil fuels imported into the
    35  state.  Statewide emissions shall be expressed in tons of carbon dioxide
    36  equivalents.
    37    13. "Statewide greenhouse gas emissions limit" or "statewide emissions
    38  limit" means the maximum allowable level  of  statewide  greenhouse  gas
    39  emissions  in a specified year, as determined by the department pursuant
    40  to this article.
    41    14. "Environmental justice advisory group" shall  mean  the  permanent
    42  environmental  justice  advisory  group  established by a chapter of the
    43  laws of two thousand nineteen amending  the  environmental  conservation
    44  law  relating to establishing a permanent environmental justice advisory
    45  group and an environmental justice interagency coordinating council,  as
    46  proposed in legislative bill number A. 1564.
    47  § 75-0103. New York state climate action council.
    48    1.  There  is  hereby established, within the department, the New York
    49  state climate action council ("council")  which  shall  consist  of  the
    50  following twenty-five members:
    51    a.  the commissioners of transportation, health, economic development,
    52  agriculture  and  markets,  housing  and  community   renewal,   general
    53  services, labor, environmental conservation, homeland security and emer-
    54  gency  services,  the  chairperson of the public service commission, the
    55  superintendent of financial services, the presidents  of  the  New  York
    56  state  energy  research  and development; New York power authority; Long

        S. 2992                             6                            A. 3876

     1  Island power authority; secretary of state, the chairman of  the  metro-
     2  politan transportation authority and dormitory of the state of New York,
     3  or their designee.
     4    b. two members appointed by the governor;
     5    c.  two  members  to  be  appointed  by the temporary president of the
     6  senate;
     7    d. two members to be appointed by the speaker of the assembly;
     8    e. one member to be appointed by the minority leader  of  the  senate;
     9  and
    10    f. one member to be appointed by the minority leader of the assembly.
    11    2.  The  at  large members shall include at all times individuals with
    12  expertise in issues relating to climate change mitigation and/or adapta-
    13  tion, such as environmental justice, labor, public health and  regulated
    14  industries.
    15    3.  Council  members  shall receive no compensation for their services
    16  but shall be reimbursed for actual and necessary  expenses  incurred  in
    17  the performance of their duties.
    18    4.  The  chairperson of the council shall be the commissioner of envi-
    19  ronmental conservation or his or her designee.
    20    5. A majority of the members of the council shall constitute a quorum.
    21    6. Any vacancies on the council shall be filled in the manner provided
    22  for in the initial appointment.
    23    7. The council shall be  authorized  to  convene  advisory  panels  to
    24  assist or advise it in areas requiring special expertise or knowledge.
    25    8.  The  department  shall  provide  the council with such facilities,
    26  assistance and data as will enable the council to carry out  its  powers
    27  and  duties.  Additionally,  all other agencies of the state or subdivi-
    28  sions thereof may, at the request of the chairperson, provide the  coun-
    29  cil  with such facilities, assistance, and data as will enable the coun-
    30  cil to carry out its powers and duties.
    31    9. The council shall consult with the climate  justice  working  group
    32  established  in section 75-0113 of this article, the department of state
    33  utility intervention unit, and the federally  designated  electric  bulk
    34  system operator.
    35    10. The council shall advise the department on:
    36    a.  The development of statewide greenhouse gas emissions limits rules
    37  and regulations, pursuant to section 75-0107 of this article, and  regu-
    38  lations to achieve statewide greenhouse gas emissions reductions, pursu-
    39  ant to section 75-0111 of this article.
    40    b. The preparation of a scoping plan for reducing greenhouse gas emis-
    41  sions,  pursuant  to the procedures set forth in section 75-0109 of this
    42  article.
    43    11. The council shall identify existing climate change mitigation  and
    44  adaptation  efforts at the federal, state, and local levels and may make
    45  recommendations regarding how such  policies  may  improve  the  state's
    46  efforts.
    47    12.  The  council shall maintain a website that includes public access
    48  to the scoping plan and greenhouse gas limit information.
    49  § 75-0105. Statewide greenhouse gas emissions report.
    50    1. No later than one year after the effective date  of  this  article,
    51  and  each year thereafter, the department shall issue a report on state-
    52  wide greenhouse gas emissions,  expressed  in  tons  of  carbon  dioxide
    53  equivalents,  from  all  greenhouse  gas  emission sources in the state,
    54  including the relative contribution of each type of greenhouse  gas  and
    55  each type of source to the statewide total.

        S. 2992                             7                            A. 3876
 
     1    2. The statewide greenhouse gas emissions report shall be a comprehen-
     2  sive evaluation, informed by a variety of data, including but not limit-
     3  ed to:
     4    a.  information relating to the use of fossil fuels by sector, includ-
     5  ing for  electricity  generation,  transportation,  heating,  and  other
     6  combustion purposes;
     7    b.  information relating to fugitive and vented emissions from systems
     8  associated with the  production,  processing,  transport,  distribution,
     9  storage, and consumption of fossil fuels, including natural gas;
    10    c.  information  relating  to  emissions from non-fossil fuel sources,
    11  including, but not limited to, garbage incinerators, biomass combustion,
    12  landfills and landfill gas generators, and anaerobic digesters;
    13    d. information relating to emissions  associated  with  manufacturing,
    14  chemical  production,  cement  plants,  and other processes that produce
    15  non-combustion emissions; and
    16    e. information from sources that may be required to participate in the
    17  registration and reporting system pursuant to subdivision four  of  this
    18  section.
    19    3. The statewide greenhouse gas emissions report shall also include an
    20  estimate  of  greenhouse gas emissions associated with the generation of
    21  imported electricity and with the extraction and transmission of  fossil
    22  fuels  imported  into  the  state  which shall be counted as part of the
    23  statewide total.
    24    4. Within one year after the  effective  date  of  this  article,  the
    25  department  shall consider establishing a mandatory registry and report-
    26  ing system from individual sources to  obtain  data  on  greenhouse  gas
    27  emissions  exceeding a particular threshold. If established, such regis-
    28  try and reporting system shall apply a consistent reporting threshold to
    29  ensure the unbiased collection of data.
    30    5. The statewide greenhouse gas emissions report shall also include an
    31  estimate of what the statewide greenhouse gas  emissions  level  was  in
    32  1990.
    33    6.  The  statewide  greenhouse gas emissions report shall utilize best
    34  available science and methods of analysis, including the comparison  and
    35  reconciliation of emission estimates from all sources, fuel consumption,
    36  field data, and peer-reviewed research.
    37    7. The statewide greenhouse gas emissions report shall clearly explain
    38  the  methodology  and analysis used in the department's determination of
    39  greenhouse gas emissions and shall include a detailed explanation of any
    40  changes in methodology or analysis, adjustments made to prior estimates,
    41  as needed, and any other information necessary to establish a  scientif-
    42  ically credible account of change.
    43    8.  The  department  shall  hold  at least two public hearings to seek
    44  public input regarding the methodology and analysis used in the determi-
    45  nation of statewide greenhouse gas emissions, and periodically thereaft-
    46  er.
    47  § 75-0107. Statewide greenhouse gas emissions limits.
    48    1. No later than one year after the effective date  of  this  article,
    49  the  department  shall,  pursuant  to  rules and regulations promulgated
    50  after at least one public hearing, establish a statewide greenhouse  gas
    51  emissions limit as a percentage of 1990 emissions, as estimated pursuant
    52  to section 75-0105 of this article, as follows:
    53    a. 2020: 85% of 1990 emissions.
    54    b. 2025: 65% of 1990 emissions.
    55    c. 2030: 50% of 1990 emissions.
    56    d. 2035: 35% of 1990 emissions.

        S. 2992                             8                            A. 3876
 
     1    e. 2040: 20% of 1990 emissions.
     2    f. 2045: 10% of 1990 emissions.
     3    g. 2050: 0% of 1990 emissions.
     4    2. Greenhouse gas emission limits shall be measured in units of carbon
     5  dioxide  equivalents  and  identified for each individual type of green-
     6  house gas.
     7    3. In order to ensure the most accurate  determination  feasible,  the
     8  department  shall  utilize the best available scientific, technological,
     9  and economic information on greenhouse gas emissions  and  consult  with
    10  the  council,  stakeholders,  and the public in order to ensure that all
    11  emissions are accurately reflected in its determination  of  1990  emis-
    12  sions levels.
    13  § 75-0109. Scoping   plan   for   statewide   greenhouse  gas  emissions
    14               reductions.
    15    1. On or before two years of the effective date of this  article,  the
    16  department  shall  prepare  and  approve  a  scoping  plan outlining the
    17  department's recommendations for attaining the statewide greenhouse  gas
    18  emissions  limits in accordance with the schedule established in section
    19  75-0107 of this article.
    20    2. The draft scoping plan shall be developed in consultation with  the
    21  council,  environmental  justice advisory group, and the climate justice
    22  working group established pursuant to section 75-0113  of  this  article
    23  and other stakeholders.
    24    a.  The  department  and  the council shall hold at least six regional
    25  public comment hearings on the draft scoping plan, including three meet-
    26  ings in the upstate region and three meetings in the  downstate  region,
    27  and  shall  allow at least one hundred twenty days for the submission of
    28  public comment.
    29    b. The department shall provide meaningful  opportunities  for  public
    30  comment  from  all  persons  who will be impacted by the plan, including
    31  persons living in disadvantaged communities as  identified  pursuant  to
    32  section 75-0113 of this article.
    33    c.  On  or before thirty months of the effective date of this article,
    34  the department shall submit the final scoping plan to the governor,  the
    35  speaker  of  the  assembly and the temporary president of the senate and
    36  post such plan on its website.
    37    3. The scoping plan shall identify and make recommendations on regula-
    38  tory measures and other state actions that will ensure the attainment of
    39  the statewide greenhouse gas emissions limits  established  pursuant  to
    40  section  75-0107 of this article. The measures and actions considered in
    41  such scoping plan shall at a minimum include:
    42    a. Performance-based standards for sources  of  greenhouse  gas  emis-
    43  sions,  including  but  not  limited  to  sources in the transportation,
    44  building, industrial, commercial, and agricultural sectors.
    45    b. Market-based mechanisms to reduce statewide  greenhouse  gas  emis-
    46  sions or emissions from a particular source category, including an exam-
    47  ination of: the imposition of fees per unit of carbon dioxide equivalent
    48  emitted  and the imposition of emissions caps accompanied by a system of
    49  tradable emission allowances.
    50    c. Measures  to  reduce  emissions  from  the  electricity  sector  by
    51  displacing  fossil-fuel  fired electricity with renewable electricity or
    52  energy efficiency.
    53    d. Land-use and transportation planning  measures  aimed  at  reducing
    54  greenhouse gas emissions from motor vehicles.
    55    e.  Measures  to achieve long-term carbon sequestration and/or promote
    56  best management practices in land use, agriculture and forestry.

        S. 2992                             9                            A. 3876
 
     1    f. Verifiable, enforceable and voluntary emissions reduction measures.
     2    4. In developing such plan the department shall:
     3    a.  Consider  all  relevant  information  pertaining to greenhouse gas
     4  emissions reduction programs in other states, regions,  localities,  and
     5  nations.
     6    b.  Evaluate, using the best available economic models, emission esti-
     7  mation techniques and other  scientific  methods,  the  total  potential
     8  costs  and  potential economic and non-economic benefits of the plan for
     9  reducing greenhouse gases, and make such evaluation publicly  available.
    10  In conducting this evaluation, the department shall quantify:
    11    i.  The  economic  and  social  benefits  of  greenhouse gas emissions
    12  reductions, taking into account the federal social cost of  carbon,  any
    13  other  tools  that  the  department  deems useful and pertinent for this
    14  analysis, and any environmental, economic and public health  co-benefits
    15  (such as the reduction of co-pollutants and the diversification of ener-
    16  gy sources); and
    17    ii.  The  costs of implementing proposed emissions reduction measures,
    18  and the emissions reductions that the department  anticipates  achieving
    19  through these measures.
    20    c.  Take  into  account  the  relative  contribution of each source or
    21  source category to statewide greenhouse gas emissions, and the potential
    22  for adverse effects on small businesses,  and  recommend  a  de  minimis
    23  threshold  of  greenhouse  gas  emissions below which emission reduction
    24  requirements will not apply.
    25    d. Identify measures to maximize reductions  of  both  greenhouse  gas
    26  emissions  and  co-pollutants in disadvantaged communities as identified
    27  pursuant to section 75-0113 of this article.
    28    5. The department shall update its plan for  achieving  the  statewide
    29  greenhouse gas emissions limits at least once every five years and shall
    30  make such updates available to the governor, the speaker of the assembly
    31  and  the  temporary president of the senate and post such updates on its
    32  website.
    33  § 75-0111. Promulgation of regulations to achieve  statewide  greenhouse
    34               gas emissions reductions.
    35    1. No later than three years after the effective date of this article,
    36  the  department,  after public workshops and consultation with the coun-
    37  cil, the environmental justice advisory group, and the  climate  justice
    38  working  group  established pursuant to section 75-0113 of this article,
    39  representatives of regulated entities, community organizations, environ-
    40  mental groups, health  professionals,  labor  unions,  municipal  corpo-
    41  rations, trade associations and other stakeholders, shall, after no less
    42  than  two  public  hearings,  promulgate rules and regulations to ensure
    43  compliance with the statewide emissions reduction limits.
    44    2. The regulations promulgated by  the  department  pursuant  to  this
    45  section shall:
    46    a. Ensure that the aggregate emissions of greenhouse gases from green-
    47  house  gas emission sources will not exceed the statewide greenhouse gas
    48  emissions limits established in section 75-0107 of this article.
    49    b. Include legally enforceable emissions  limits,  performance  stand-
    50  ards, or measures or other requirements to control emissions from green-
    51  house gas emission sources.
    52    c.  Include  measures to reduce emissions from greenhouse gas emission
    53  sources that have a cumulatively significant impact on statewide  green-
    54  house  gas  emissions,  such  as  internal combustion vehicles that burn
    55  gasoline or diesel fuel and boilers or furnaces that burn oil or natural
    56  gas.

        S. 2992                            10                            A. 3876
 
     1    3. In promulgating these regulations, the department shall:
     2    a.  Design  and implement all regulations in a manner that seeks to be
     3  equitable, to minimize costs and to maximize the total benefits  to  New
     4  York, and encourages early action to reduce greenhouse gas emissions.
     5    b.  Ensure that greenhouse gas emissions reductions achieved are real,
     6  permanent, quantifiable, verifiable, and enforceable by the department.
     7    c. Ensure that activities undertaken to comply with the regulations do
     8  not result in a net increase  in  co-pollutant  emissions  or  otherwise
     9  disproportionately burden disadvantaged communities as identified pursu-
    10  ant to section 75-0113 of this article.
    11    d.  Prioritize  measures  to maximize net reductions of greenhouse gas
    12  emissions and co-pollutants in disadvantaged communities  as  identified
    13  pursuant  to  section 75-0113 of this article and encourage early action
    14  to reduce greenhouse gas emissions and co-pollutants.
    15    e. Minimize leakage.
    16    4. Market-based compliance mechanisms.
    17    a. The department may consider provisions for the use of  market-based
    18  compliance mechanisms to comply with the regulations.
    19    b.  Prior to the inclusion of any market-based compliance mechanism in
    20  the regulations, to the  extent  feasible  and  in  the  furtherance  of
    21  achieving  the  statewide greenhouse gas emissions limit, the department
    22  shall do all of the following:
    23    i. Consider the potential for direct, indirect, and  cumulative  emis-
    24  sion  impacts  from  these  mechanisms,  including  localized impacts in
    25  disadvantaged communities as identified pursuant to section  75-0113  of
    26  this article;
    27    ii.  Design  any  market-based  compliance  mechanism  to  prevent any
    28  increase in the emissions of co-pollutants; and
    29    iii. Maximize additional environmental, public  health,  and  economic
    30  benefits  for  the  state  of New York and for disadvantaged communities
    31  identified pursuant to section 75-0113 of this article, as appropriate.
    32    c. Such regulations shall include  provisions  governing  how  market-
    33  based compliance mechanisms may be used by regulated entities subject to
    34  greenhouse   gas  emissions  limits  and  mandatory  emission  reporting
    35  requirements to achieve compliance with their greenhouse  gas  emissions
    36  limits.
    37    d.  The  department  shall ensure that, at a minimum, forty percent of
    38  any funds collected pursuant to any market-based compliance  regulations
    39  promulgated under this section as a result of legislative authorization,
    40  funds authorized by the public service commission to be collected solely
    41  for  and  directed to the New York state energy research and development
    42  authority and proceeds collected by the New York state  energy  research
    43  and  development  authority  from  the auction or sale of carbon dioxide
    44  emission allowances allocated by the department are invested in a manner
    45  which will benefit disadvantaged  communities,  identified  pursuant  to
    46  section  75-0113  of  this article, consistent with the purposes of this
    47  article, including, but not limited to, increased  access  to  renewable
    48  energy, energy efficiency, weatherization, zero- and low-emission trans-
    49  portation,  and  adaptation opportunities.  The department shall consult
    50  with the climate justice working group in developing  and  carrying  out
    51  such investments.
    52  § 75-0113. Climate justice working group.
    53    1.  There  is  hereby created within the department, no later than six
    54  months after the effective date of  this  article,  a  "climate  justice
    55  working  group". Such working group will be comprised of representatives
    56  from: environmental justice communities, the department, the  department

        S. 2992                            11                            A. 3876

     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 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  § 75-0115. Implementation reporting.
    49    1. The department shall, not less than every  four  years,  publish  a
    50  report  which shall include recommendations regarding the implementation
    51  of greenhouse gas reduction measures.
    52    2. The report shall, at minimum, include:
    53    a. Whether the state is on track to meet the statewide greenhouse  gas
    54  emissions limits established in section 75-0107 of this article.

        S. 2992                            12                            A. 3876

     1    b. An assessment of existing regulations and whether modifications are
     2  needed  to  ensure fulfillment of the statewide greenhouse gas emissions
     3  limits.
     4    c.  An overview of social benefits from the regulations or other meas-
     5  ures, including reductions in greenhouse gas emissions and copollutants,
     6  diversification of energy sources, and other benefits  to  the  economy,
     7  environment, and public health, including women's health.
     8    d.  An overview of compliance costs for regulated entities and for the
     9  department and other state agencies.
    10    e. Whether regulations or  other  greenhouse  gas  reduction  measures
    11  undertaken are equitable, minimize costs and maximize the total benefits
    12  to the state, and encourage early action.
    13    f.  Whether  activities  undertaken  to  comply with state regulations
    14  disproportionately burden disadvantaged communities as identified pursu-
    15  ant to section 75-0113 of this article.
    16    g. An assessment of local benefits and impacts of  any  reductions  in
    17  co-pollutants  related  to  reductions in statewide and local greenhouse
    18  gas emissions.
    19    h. An assessment of disadvantaged communities' access to or  community
    20  ownership of the services and commodities identified in section eight of
    21  the  chapter of the laws of two thousand nineteen which added this arti-
    22  cle.
    23    i. Whether entities that have voluntarily reduced their greenhouse gas
    24  emissions prior to the implementation of this article receive  appropri-
    25  ate credit for early voluntary reductions.
    26    j. Recommendations for future regulatory and policy action.
    27    3.  In  preparing  this  report,  the  department shall, at a minimum,
    28  consult with the council, and the climate justice working  group  estab-
    29  lished in section 75-0113 of this article.
    30    4.  The  report  shall  be  published  and  posted on the department's
    31  website.
    32    § 3. Subdivision 1 of section 54-1523 of the  environmental  conserva-
    33  tion law is amended by adding a new paragraph h to read as follows:
    34    h.  to  establish  and  implement  easily-replicated  renewable energy
    35  projects, including solar arrays, heat pumps and wind turbines in public
    36  low-income housing in suburban, urban and rural areas.
    37    § 4. The public service law is amended by adding a new section 66-p to
    38  read as follows:
    39    § 66-p. Establishment of a renewable energy program.   1. As  used  in
    40  this section:
    41    (a)  "load  serving  entity"  means  any entity that secures energy to
    42  serve the electrical energy requirements of  end-use  customers  in  New
    43  York state;
    44    (b)  "prevailing  rate  of  wages" shall have the same meaning as such
    45  term is defined in paragraph  a  of  subdivision  five  of  section  two
    46  hundred twenty of the labor law; and
    47    (c) "renewable energy systems" means systems that generate electricity
    48  or thermal energy through use of the following technologies: solar ther-
    49  mal, photovoltaics, wind, hydroelectric, geothermal electric, geothermal
    50  ground  source  heat, tidal energy, wave energy, ocean thermal, offshore
    51  wind and fuel cells which do not utilize a fossil fuel resource  in  the
    52  process of generating electricity.
    53    2.  No  later  than January first, two thousand twenty, the commission
    54  shall establish a program to require that a minimum of fifty percent  of
    55  the  statewide  electric  generation secured by load serving entities to
    56  meet the electrical energy requirements of all end-use customers in  New

        S. 2992                            13                            A. 3876
 
     1  York state in two thousand thirty shall be generated by renewable energy
     2  systems.
     3    The commission shall set annual minimum percentage levels of electric-
     4  ity  generated  by  renewable  energy  systems  and delivered to end-use
     5  customers in New York state for each year of the program.
     6    3. No later than July first, two thousand  twenty-one  and  every  two
     7  years  thereafter,  the commission shall, after notice and provision for
     8  the opportunity to comment, issue a comprehensive review of the  program
     9  established  pursuant  to  this section. The commission shall determine,
    10  among other matters:  (a) progress in meeting the overall annual targets
    11  for deployment of renewable energy systems; (b) distribution of  systems
    12  by  size  and load zone; and (c) annual funding commitments and expendi-
    13  tures. The commission shall  evaluate  the  annual  targets  established
    14  pursuant  to  subdivision  two of this section and determine whether the
    15  annual targets should be accelerated, increased or extended, taking into
    16  consideration load modifications associated with, but  not  limited  to,
    17  energy  efficiency  measures  and the electrification of transportation,
    18  heating systems and industrial processes.
    19    4. The commission may temporarily suspend or  modify  the  obligations
    20  under  such  program  provided  that  the commission, after conducting a
    21  hearing as provided in section twenty of this chapter, makes  a  finding
    22  that  the  program  impedes  the provision of safe and adequate electric
    23  service or that there is a significant increase in  arrears  or  service
    24  disconnections that the commission determines is related to the program.
    25    5.  Every  contractor employed pursuant to this section, not otherwise
    26  required to pay laborers, workers or mechanics the  prevailing  rate  of
    27  wages  pursuant  to  article eight of the labor law, shall pay employees
    28  under contract for the development of renewable energy systems rated  at
    29  two  hundred  fifty  kilowatts  or  more,  a  wage  of not less than the
    30  prevailing rate of wages for  such  work  in  the  locality  where  such
    31  installation  occurs.  This requirement shall be in effect for the dura-
    32  tion of the receipt by the  contractor  of  the  incentives  established
    33  pursuant  to  this section and in no event shall such requirement extend
    34  beyond the availability of such incentives. Every contractor subject  to
    35  the  provisions  of  this  subdivision shall maintain payroll records in
    36  accordance with section two hundred twenty of the labor law.
    37    § 5. Section 1005 of the public authorities law is amended by adding a
    38  new subdivision 26 to read as follows:
    39    26.  Renewable energy program. As deemed feasible and advisable by the
    40  trustees, no later than January first, two thousand twenty, the authori-
    41  ty shall secure energy to serve the electrical  energy  requirements  of
    42  its end-use customers in accordance with the renewable energy program as
    43  set forth and defined in section sixty-six-p of the public service law.
    44    §  6.  Sections 1020-kk, 1020-ll and 1020-ll of the public authorities
    45  law, 1020-kk and 1020-ll as renumbered by chapter 520  of  the  laws  of
    46  2018,  and 1020-ll as renumbered by chapter 415 of the laws of 2017, are
    47  renumbered sections 1020-xx, 1020-yy  and  1020-zz  and  a  new  section
    48  1020-kk is added to read as follows:
    49    § 1020-kk.  Renewable energy program. The authority and all load serv-
    50  ing  entities that secure energy to serve the electrical energy require-
    51  ments of end-use customers in its service territory  shall  comply  with
    52  the  renewable energy program as set forth and defined in section sixty-
    53  six-p of the public service law.
    54    § 6-a. Subdivision 1 of section 1020-s of the public authorities  law,
    55  as  amended  by  chapter  415 of the laws of 2017, is amended to read as
    56  follows:

        S. 2992                            14                            A. 3876
 
     1    1. The rates, services  and  practices  relating  to  the  electricity
     2  generated  by facilities owned or operated by the authority shall not be
     3  subject to the provisions of the public service law or to regulation by,
     4  or the jurisdiction of, the public service  commission,  except  to  the
     5  extent (a) article seven of the public service law applies to the siting
     6  and operation of a major utility transmission facility as defined there-
     7  in,  (b)  article  ten of such law applies to the siting of a generating
     8  facility as defined therein, (c) section eighteen-a of such law provides
     9  for assessment for certain costs, property or  operations,  (d)  to  the
    10  extent that the department of public service reviews and makes recommen-
    11  dations with respect to the operations and provision of services of, and
    12  rates  and  budgets  established  by,  the authority pursuant to section
    13  three-b of such law, [and] (e) that section seventy-four of  the  public
    14  service  law  applies  to  qualified  energy  storage systems within the
    15  authority's jurisdiction and (f) that section sixty-six-p of the  public
    16  service  law  applies  to  the  authority and load serving entities that
    17  secure energy to serve the electrical  energy  requirements  of  end-use
    18  customers within the authority's jurisdiction.
    19    §  7.  The labor law is amended by adding a new article 8-B to read as
    20  follows:
    21                                 ARTICLE 8-B
    22                LABOR AND JOB STANDARDS AND WORKER PROTECTION
    23  Section 228. Labor and job standards and worker protection.
    24    § 228. Labor and job standards and worker  protection.  1.  All  state
    25  agencies  involved in implementing the New York state climate and commu-
    26  nity protection act shall assess and implement  strategies  to  increase
    27  employment  opportunities  and  improve  job quality. Within one hundred
    28  twenty days of the effective date of this section, all  state  agencies,
    29  offices, authorities, and divisions shall report to the legislature on:
    30    a. steps they will take to ensure compliance with this section; and
    31    b.  regulations necessary to ensure that they prioritize the statewide
    32  goal of creating good jobs and increasing employment opportunities.
    33    2.  In  considering  and  issuing  permits,   licenses,   regulations,
    34  contracts,  and other administrative approvals and decisions pursuant to
    35  the New York state climate and community protection act, all state agen-
    36  cies, offices, authorities, and  divisions  shall  apply  the  following
    37  labor,  training,  and  job  quality  standards to the following project
    38  types: public work; projects in receipt of more than one  hundred  thou-
    39  sand  dollars in total financial assistance; or to projects with a total
    40  value of more than ten million dollars; and privately-financed  projects
    41  on public property.
    42    a.  the  payment of no less than prevailing wages for all employees in
    43  construction and building, consistent with article  eight  of  the  this
    44  chapter,  and  building  services,  consistent with article nine of this
    45  chapter;
    46    b. the inclusion of contract language requiring contractors to  estab-
    47  lish  labor  harmony policies; dispute resolution mechanisms; prevailing
    48  wage  compliance;  safety  policies;  workers   compensation   insurance
    49  (including  review  of  contractor experience rating and other factors);
    50  and apprenticeship program appropriate for crafts employed.  Procurement
    51  rules  should  encourage  bundling  of  small  contracts and projects to
    52  improve the efficiency of compliance;
    53    c. apprenticeship utilization:
    54    i. that all  contractors  and  subcontractors,  including  those  that
    55  participate  in power purchase agreements, energy performance contracts,

        S. 2992                            15                            A. 3876
 
     1  or other similar programs, participate in apprenticeship programs in the
     2  trades in which they are performing work;
     3    ii.  maximum  use  of  apprentices as per department of labor approved
     4  ratios;
     5    iii. encouragement of affiliated pre-apprentice direct entry programs,
     6  including but not limited to EJM Construction  Skills;  NYC  Helmets  to
     7  Hardhats, and Nontraditional Employment for Women (NEW) for the recruit-
     8  ment of local and/or disadvantaged workers;
     9    iv.  existing  workforce  development programs, including those at the
    10  New York state energy research and development authority, should be made
    11  to conform to these standards.
    12    3. The commissioner, the fiscal officer and  other  relevant  agencies
    13  shall  promulgate  such  regulations  as  are necessary to implement and
    14  administer compliance with the provisions of this section.  The  depart-
    15  ment  and  the  fiscal officer shall coordinate with organized labor and
    16  local and county level  governments  to  implement  a  system  to  track
    17  compliance, accept reports of non-compliance for enforcement action, and
    18  report  annually  on  the adoption of these standards to the legislature
    19  starting one year from the effective date of this section.
    20    a. For the purposes of this section, "fiscal officer" shall  mean  the
    21  industrial  commissioner,  except  for construction and building service
    22  work performed by or on behalf of a city, in which case "fiscal officer"
    23  shall mean the comptroller or other analogous officer of such city.
    24    b. The provisions of  the  contract  by  the  recipient  of  financial
    25  assistance  pertaining  to  prevailing  wages  are  to  be  considered a
    26  contract for the benefit of construction and building  service  workers,
    27  upon  which such workers shall have the right to maintain action for the
    28  difference between the prevailing wage rate of pay, benefits,  and  paid
    29  leave  and  the rates of pay, benefits, and paid leave actually received
    30  by them, and including attorney's fees.
    31    c. i. Where a recipient of  financial  assistance  contracts  building
    32  service work to a building service contractor, the contractor is held to
    33  the  same obligations with respect to prevailing wages as the recipient.
    34  The recipient must include terms establishing this obligation within any
    35  contract signed with a contractor.
    36    ii.  Where  a  recipient  of  financial   assistance   contracts   for
    37  construction,  excavation,  demolition,  rehabilitation,  repair,  reno-
    38  vation, alteration or improvement to a subcontractor, the  subcontractor
    39  is  held to the same obligations with respect to prevailing wages as the
    40  recipient. The recipient must include terms establishing this obligation
    41  within any contract signed with a subcontractor.
    42    4. For the purposes of this section "financial assistance"  means  any
    43  provision  of  public  funds  to any person, individual, proprietorship,
    44  partnership, joint  venture,  corporation,  limited  liability  company,
    45  trust,  association,  organization, or other entity that receives finan-
    46  cial assistance, or any assignee or successor in interest of real  prop-
    47  erty  improved  or  developed  with  financial  assistance, for economic
    48  development within the state, including but not limited to cash payments
    49  or grants, bond financing, tax abatements or exemptions,  including  but
    50  not  limited  to  abatements  or exemptions from real property, mortgage
    51  recording, sales, and use taxes, or the difference between any  payments
    52  in  lieu  of  taxes  and the amount of real property or other taxes that
    53  would have been due if the property were not exempted from  such  taxes,
    54  tax  increment  financing,  filing  fee waivers, energy cost reductions,
    55  environmental remediation costs, write-downs  in  the  market  value  of
    56  buildings  or  land, or the cost of capital improvements related to real

        S. 2992                            16                            A. 3876
 
     1  property for which the  state  would  not  pay  absent  the  development
     2  project, and includes both discretionary and as of right assistance. The
     3  provisions  of  this section shall only apply to projects receiving more
     4  than  one  hundred thousand dollars in total financial assistance, or to
     5  projects with a total project value of more than ten million dollars.
     6    5. The commissioner shall evaluate whether there are additional stand-
     7  ards that could be applied to increase wage and benefit standards or  to
     8  encourage a safe, well-trained, and adequately compensated workforce.
     9    6.  Nothing  set  forth  in this section shall be construed to impede,
    10  infringe, or diminish the rights and benefits which accrue to  employees
    11  through  bona fide collective bargaining agreements, or otherwise dimin-
    12  ish the integrity of the existing collective bargaining relationship.
    13    7. Nothing set forth in this section shall preclude a local government
    14  from setting additional standards that expand on these state-wide stand-
    15  ards.
    16    § 8. Report on barriers to, and opportunities for, community ownership
    17  of services and commodities  in  disadvantaged  communities.  1.  On  or
    18  before  two  years  of the effective date of this act, the department of
    19  environmental conservation, with input from relevant state agencies, the
    20  environmental justice advisory group as defined in  section  75-0101  of
    21  the environmental conservation law, the climate justice working group as
    22  defined  in  section  75-0113  of the environmental conservation law and
    23  Climate Action Council established in article 75  of  the  environmental
    24  conservation  law,  and  following  at  least two public hearings, shall
    25  prepare a report on barriers to, and opportunities  for,  access  to  or
    26  community  ownership of the following services and commodities in disad-
    27  vantaged communities as identified in article 75  of  the  environmental
    28  conservation law:
    29    a. Distributed renewable energy generation.
    30    b. Energy efficiency and weatherization investments.
    31    c. Zero-emission and low-emission transportation options.
    32    d.  Adaptation  measures  to improve the resilience of homes and local
    33  infrastructure to the impacts of climate change including but not limit-
    34  ed to microgrids.
    35    e. Other services and infrastructure that can reduce the risks associ-
    36  ated with climate-related hazards, including but not limited to:
    37    i. Shelters and cool rooms during extreme heat events;
    38    ii. Shelters during flooding events; and
    39    iii. Medical treatment for asthma and other conditions that  could  be
    40  exacerbated by climate-related events.
    41    2.  The  report, which shall be submitted to the governor, the speaker
    42  of the assembly and the temporary president of the senate and posted  on
    43  the  department  of  environmental  conservation  website, shall include
    44  recommendations on how to increase access to the  services  and  commod-
    45  ities.
    46    3.  The department of environmental conservation shall amend the scop-
    47  ing plan for statewide greenhouse gas emissions reductions in accordance
    48  with the recommendations included in the report.
    49    § 9. Climate change actions by state agencies. 1. All  state  agencies
    50  shall  assess  and  implement  strategies to reduce their greenhouse gas
    51  emissions.
    52    2. In considering and issuing permits, licenses, and other administra-
    53  tive approvals and decisions, including but not limited to the execution
    54  of grants, loans, and contracts, all state agencies,  offices,  authori-
    55  ties, and divisions shall consider whether such decisions are inconsist-
    56  ent  with  or will interfere with the attainment of the statewide green-

        S. 2992                            17                            A. 3876
 
     1  house  gas  emissions  limits  established  in   article   75   of   the
     2  environmental  conservation  law.  Where such decisions are deemed to be
     3  inconsistent with or will interfere with the attainment of the statewide
     4  greenhouse  gas  emissions  limits,  each  agency, office, authority, or
     5  division shall provide a detailed statement of justification as  to  why
     6  such limits/criteria may not be met, and identify alternatives or green-
     7  house  gas  mitigation  measures  to  be  required where such project is
     8  located.
     9    3. 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, pursuant to article 75 of the  environ-
    12  mental  conservation  law, all state agencies, offices, authorities, and
    13  divisions shall not disproportionately burden disadvantaged  communities
    14  as  identified pursuant to subdivision 5 of section 75-0101 of the envi-
    15  ronmental conservation law. All state  agencies,  offices,  authorities,
    16  and  divisions  shall also prioritize reductions of greenhouse gas emis-
    17  sions and  co-pollutants  in  disadvantaged  communities  as  identified
    18  pursuant  to  such subdivision 5 of section 75-0101 of the environmental
    19  conservation law.
    20    § 10. Authorization for other state agencies to promulgate  greenhouse
    21  gas  emissions  regulations.  1.  The public service commission, the New
    22  York state energy research and development authority, the department  of
    23  health,  the  department of transportation, the department of state, the
    24  department of economic development, the department  of  agriculture  and
    25  markets,  the  department  of  financial services, the office of general
    26  services, the division of housing  and  community  renewal,  the  public
    27  utility  authorities  established  pursuant  to  titles 1, 1-A, 1-B, 11,
    28  11-A, 11-B, 11-C and 11-D of article 5 of the public authorities law and
    29  any other state agency  may  promulgate  regulations  to  contribute  to
    30  achieving  the  statewide greenhouse gas emissions limits established in
    31  article 75 of the environmental conservation law. Provided, however, any
    32  such regulations shall not limit the department of environmental conser-
    33  vation's authority to regulate  and  control  greenhouse  gas  emissions
    34  pursuant to article 75 of the environmental conservation law.
    35    § 11. Chapter 355 of the laws of 2014, constituting the community risk
    36  and  resiliency act, is amended by adding two new sections 17-a and 17-b
    37  to read as follows:
    38    § 17-a.  The  department  of  environmental  conservation  shall  take
    39  actions to promote adaptation and resilience, including:
    40    (a)  actions  to  help  state  agencies  and other entities assess the
    41  reasonably foreseeable risks of climate change on any proposed projects,
    42  taking into account issues such as: sea level rise, tropical and  extra-
    43  tropical  cyclones, storm surges, flooding, wind, changes in average and
    44  peak temperatures, changes in average  and  peak  precipitation,  public
    45  health impacts, and impacts on species and other natural resources.
    46    (b)  identifying  the  most  significant climate-related risks, taking
    47  into account the probability of occurrence, the magnitude of the  poten-
    48  tial harm, and the uncertainty of the risk.
    49    (c) measures that could mitigate significant climate-related risks, as
    50  well as a cost-benefit analysis and implementation of such measures.
    51    § 17-b. Major permits for the regulatory programs of subdivision three
    52  of  section  70-0107 of the environmental conservation law shall require
    53  applicants to demonstrate that future physical  climate  risk  has  been
    54  considered. In reviewing such information the department may require the
    55  applicant  to mitigate significant risks to public infrastructure and/or
    56  services, private property not owned by the applicant,  adverse  impacts

        S. 2992                            18                            A. 3876
 
     1  on  disadvantaged  communities, and/or natural resources in the vicinity
     2  of the project.
     3    §  12.  Nothing  in  this  act shall limit the existing authority of a
     4  state entity to adopt and implement greenhouse gas  emissions  reduction
     5  measures.
     6    §  13. Nothing in this act shall relieve any person, entity, or public
     7  agency of compliance with other applicable federal, state, or local laws
     8  or regulations, including state air and water quality requirements,  and
     9  other requirements for protecting public health or the environment.
    10    §  14.  Review under this act may be had in a proceeding under article
    11  78 of the civil practice law and rules at the  instance  of  any  person
    12  aggrieved.
    13    §  15. Severability. If any word, phrase, clause, sentence, paragraph,
    14  section, or part of this act shall be adjudged by any court of competent
    15  jurisdiction to be invalid, such judgement shall not affect, impair,  or
    16  invalidate the remainder thereof, but shall be confined in its operation
    17  to the word, phrase, clause, sentence, paragraph, section, or part ther-
    18  eof  directly  involved in the controversy in which such judgement shall
    19  have been rendered.
    20    § 16. This act shall take effect on the same  date  and  in  the  same
    21  manner  as  a  chapter  of  the laws of 2019, amending the environmental
    22  conservation law, relating to  establishing  a  permanent  environmental
    23  justice  advisory group and an environmental justice interagency coordi-
    24  nating council, as proposed in legislative bill number  A.  1564,  takes
    25  effect;  provided  further,  the provisions of section seven of this act
    26  shall take effect on the one hundred eightieth day after it  shall  have
    27  become  a  law  and  shall apply to any grants, loans, and contracts and
    28  financial assistance awarded or renewed on or after such effective date.
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