|SAME AS||SAME AS UNI. A03876|
|COSPNSR||HOYLMAN, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, JACKSON, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, THOMAS|
|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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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. LBD05372-03-9S. 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 theS. 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 ofS. 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; LongS. 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 departmentS. 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 NewS. 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 realS. 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 impactsS. 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.