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S02992 Summary:

BILL NOS02992B
 
SAME ASSAME AS UNI. A03876-B
 
SPONSORKAMINSKY
 
COSPNSRHOYLMAN, 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
 
MLTSPNSR
 
Add Art 75 75-0101 - 75-0119, amd 54-1523, En Con L; add 66-p, Pub Serv L; add 17-a & 17-b, Chap 355 of 2014
 
Enacts the New York state climate leadership and community protection act; relates to climate change; renewable energy program; labor and job standards and worker protection.
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S02992 Memo:

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S02992 Text:



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

        AN ACT to amend the environmental conservation law, the  public  service
          law,  the public authorities law, the labor law and the community risk
          and resiliency act, in relation to establishing  the  New  York  state
          climate leadership and community protection act
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05372-09-9

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

        S. 2992--B                          3                         A. 3876--B
 
     1  such  as a reduction in the cost of renewable energy components, and the
     2  creation of jobs and tax revenues in New York.
     3    4.  It  shall  therefore  be a goal of the state of New York to reduce
     4  greenhouse gas emissions from all anthropogenic sources 100%  over  1990
     5  levels  by  the  year  2050, with an incremental target of at least a 40
     6  percent reduction in climate pollution by the year 2030,  in  line  with
     7  USGCRP  and  IPCC  projections  of  what  is necessary to avoid the most
     8  severe impacts of climate change.
     9    5. Although substantial emissions reductions are  necessary  to  avoid
    10  the  most  severe  impacts  of  climate change, complementary adaptation
    11  measures will also be needed to  address  those  risks  that  cannot  be
    12  avoided. Some of the impacts of climate change are already observable in
    13  New  York  state  and  the  northeastern  United  States. Annual average
    14  temperatures are on the rise, winter  snow  cover  is  decreasing,  heat
    15  waves  and  precipitation  are  intensifying,  and  sea levels along New
    16  York's coastline are approximately one foot higher  than  they  were  in
    17  1900.  New York has also experienced an increasing number of extreme and
    18  unusual   weather   events,  like  Hurricanes  Irene  and  Lee  and  the
    19  unprecedented Superstorm Sandy in 2012, which caused at least 53  deaths
    20  and $32 billion in damage in New York state.
    21    6.  New  York  should  therefore  minimize  the  risks associated with
    22  climate change through a combination of  measures  to  reduce  statewide
    23  greenhouse  gas  emissions  and improve the resiliency of the state with
    24  respect to the impacts and  risks  of  climate  change  that  cannot  be
    25  avoided.
    26    7.  Climate change especially heightens the vulnerability of disadvan-
    27  taged communities, which bear environmental and socioeconomic burdens as
    28  well as legacies of racial and ethnic discrimination. Actions undertaken
    29  by New York state to mitigate greenhouse gas emissions should prioritize
    30  the safety and health of disadvantaged  communities,  control  potential
    31  regressive  impacts  of  future climate change mitigation and adaptation
    32  policies on these communities, and prioritize the allocation  of  public
    33  investments in these areas.
    34    8.  Creating good jobs and a thriving economy is a core concern of New
    35  York state.   Shaping the ongoing transition in  our  energy  sector  to
    36  ensure  that  it  creates good jobs and protects workers and communities
    37  that may lose employment in the current transition must be key  concerns
    38  of  our  climate  policy.  Setting  clear  standards for job quality and
    39  training standards encourages not only high-quality  work  but  positive
    40  economic impacts.
    41    9.  Workers  are  at  the front lines of climate change.  Construction
    42  workers and building service workers were  some  of  the  first  workers
    43  dedicated  to cleaning up damage inflicted by recent storms. These work-
    44  ers were often operating in unsafe and toxic environments,  cleaning  up
    45  mold,  and working in unstable buildings. In order to protect the health
    46  and welfare of these workers, it is in the interest of the state of  New
    47  York  to establish safe and healthy working conditions and proper train-
    48  ing for workers involved in climate change related activities. In  addi-
    49  tion, much of the infrastructure work preparing our state for additional
    50  climate  change events must happen quickly and efficiently. It is in the
    51  interest of the state to ensure  labor  harmony  and  promote  efficient
    52  performance  of  work  on climate change related work sites by requiring
    53  workers to be well-trained and adequately compensated.
    54    10. Ensuring career opportunities are  created  and  shared  geograph-
    55  ically  and  demographically  is necessary to ensure increased access to
    56  good jobs for marginalized communities while making the  same  neighbor-

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

        S. 2992--B                          5                         A. 3876--B
 
     1          75-0113. Value of carbon.
     2          75-0115. Community air monitoring program.
     3          75-0117. Investment of funds.
     4          75-0119. Implementation reporting.
     5  § 75-0101. Definitions.
     6    For  the  purposes  of this article the following terms shall have the
     7  following meanings:
     8    1. "Allowance" means an authorization  to  emit,  during  a  specified
     9  year, up to one ton of carbon dioxide equivalent.
    10    2.  "Carbon  dioxide equivalent" means the amount of carbon dioxide by
    11  mass that would produce the same global warming impact as a  given  mass
    12  of  another  greenhouse  gas  over  an integrated twenty-year time frame
    13  after emission.
    14    3. "Co-pollutants" means hazardous air pollutants produced  by  green-
    15  house gas emissions sources.
    16    4.  "Council"  means  the New York state climate action council estab-
    17  lished pursuant to section 75-0103 of this article.
    18    5. "Disadvantaged communities" means communities that bear burdens  of
    19  negative  public  health  effects,  environmental  pollution, impacts of
    20  climate change, and possess certain socioeconomic criteria, or  comprise
    21  high-concentrations  of low- and moderate- income households, as identi-
    22  fied pursuant to section 75-0111 of this article.
    23    6. "Emissions reduction measures" means programs, measures and  stand-
    24  ards,  authorized  pursuant  to  this  chapter, applicable to sources or
    25  categories of sources, that are designed to reduce emissions  of  green-
    26  house gases.
    27    7.  "Greenhouse  gas"  means  carbon  dioxide, methane, nitrous oxide,
    28  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other
    29  substance emitted into the air that may  be  reasonably  anticipated  to
    30  cause or contribute to anthropogenic climate change.
    31    8.  "Greenhouse  gas emission limit" means the maximum allowable level
    32  of statewide greenhouse gas emissions, in a specified year, expressed in
    33  tons of carbon dioxide  equivalent,  as  determined  by  the  department
    34  pursuant to this article.
    35    9. "Greenhouse gas emission offset" means a deduction representing one
    36  metric  ton of carbon dioxide equivalent emissions, reduced, avoided, or
    37  sequestered by a greenhouse gas emission offset project from a  measured
    38  baseline of emissions pursuant to the statewide greenhouse gas emissions
    39  report.
    40    10.  "Greenhouse  gas  emission  offset  projects"  means  one or more
    41  projects, including:
    42    a. Natural carbon sinks including but not  limited  to  afforestation,
    43  reforestation, or wetlands restoration;
    44    b. Greening infrastructure;
    45    c. Restoration and sustainable management of natural and urban forests
    46  or working lands, grasslands, coastal wetlands and sub-tidal habitats;
    47    d.  Efforts to reduce hydrofluorocarbon refrigerant, sulfur hexafluor-
    48  ide, and other ozone depleting substance releases;
    49    e. Anaerobic digesters,  where  energy  produced  is  directed  toward
    50  localized use;
    51    f. Carbon capture and sequestration;
    52    g. Ecosystem restoration; and
    53    h.  Other types of projects recommended by the council in consultation
    54  with the climate justice working group that provide  public  health  and
    55  environmental  benefits,  and  do  not  create  burdens in disadvantaged
    56  communities.

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

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

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

        S. 2992--B                          9                         A. 3876--B

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

        S. 2992--B                         10                         A. 3876--B
 
     1    i.  The  economic  and  social  benefits  of  greenhouse gas emissions
     2  reductions, taking into account the value of carbon, established by  the
     3  department  pursuant to section 75-0113 of this article, any other tools
     4  that the council deems useful and pertinent for this analysis,  and  any
     5  environmental,  economic  and  public  health  co-benefits  (such as the
     6  reduction of co-pollutants and the diversification of  energy  sources);
     7  and
     8    ii.  The  costs of implementing proposed emissions reduction measures,
     9  and the emissions reductions  that  the  council  anticipates  achieving
    10  through these measures.
    11    c.  Take  into  account  the  relative  contribution of each source or
    12  source category to statewide greenhouse gas emissions, and the potential
    13  for adverse effects on small businesses,  and  recommend  a  de  minimis
    14  threshold  of  greenhouse  gas  emissions below which emission reduction
    15  requirements will not apply.
    16    d. Identify measures to maximize reductions  of  both  greenhouse  gas
    17  emissions  and  co-pollutants in disadvantaged communities as identified
    18  pursuant to section 75-0111 of this article.
    19    15. The council shall update its  plan  for  achieving  the  statewide
    20  greenhouse gas emissions limits at least once every five years and shall
    21  make such updates available to the governor, the speaker of the assembly
    22  and  the  temporary president of the senate and post such updates on its
    23  website.
    24    16. The council shall identify existing climate change mitigation  and
    25  adaptation  efforts at the federal, state, and local levels and may make
    26  recommendations regarding how such  policies  may  improve  the  state's
    27  efforts.
    28    17.  The  council shall maintain a website that includes public access
    29  to the scoping plan and greenhouse gas limit information.
    30  § 75-0105. Statewide greenhouse gas emissions report.
    31    1. No later than two years after the effective date of  this  article,
    32  and  each year thereafter, the department shall issue a report on state-
    33  wide greenhouse gas emissions,  expressed  in  tons  of  carbon  dioxide
    34  equivalents,  from  all  greenhouse  gas  emission sources in the state,
    35  including the relative contribution of each type of greenhouse  gas  and
    36  each type of source to the statewide total.
    37    2. The statewide greenhouse gas emissions report shall be a comprehen-
    38  sive evaluation, informed by a variety of data, including but not limit-
    39  ed to:
    40    a.  information relating to the use of fossil fuels by sector, includ-
    41  ing for  electricity  generation,  transportation,  heating,  and  other
    42  combustion purposes;
    43    b.  information relating to fugitive and vented emissions from systems
    44  associated with the  production,  processing,  transport,  distribution,
    45  storage, and consumption of fossil fuels, including natural gas;
    46    c.  information  relating  to  emissions from non-fossil fuel sources,
    47  including, but not limited to, garbage incinerators, biomass combustion,
    48  landfills and landfill gas generators, and anaerobic digesters;
    49    d. information relating to emissions  associated  with  manufacturing,
    50  chemical  production,  cement  plants,  and other processes that produce
    51  non-combustion emissions; and
    52    e. information from sources that may be required to participate in the
    53  registration and reporting system pursuant to subdivision four  of  this
    54  section.
    55    3. The statewide greenhouse gas emissions report shall also include an
    56  estimate  of  greenhouse gas emissions associated with the generation of

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

        S. 2992--B                         12                         A. 3876--B
 
     1  rations, trade associations and other stakeholders, shall, after no less
     2  than  two  public  hearings,  promulgate rules and regulations to ensure
     3  compliance with the statewide emissions reduction limits and  work  with
     4  other  state agencies and authorities to promulgate regulations required
     5  by section ten of the chapter of the laws of two thousand nineteen  that
     6  added this article.
     7    2.  The  regulations  promulgated  by  the department pursuant to this
     8  section shall:
     9    a. Ensure that the aggregate emissions of greenhouse gases from green-
    10  house gas emission sources will not exceed the statewide greenhouse  gas
    11  emissions limits established in section 75-0107 of this article.
    12    b.  Include  legally  enforceable emissions limits, performance stand-
    13  ards, or measures or other requirements to control emissions from green-
    14  house gas emission sources.
    15    c. Reflect, in substantial part, the  findings  of  the  scoping  plan
    16  prepared pursuant to section 75-0103 of this article.
    17    d.  Include  measures to reduce emissions from greenhouse gas emission
    18  sources that have a cumulatively significant impact on statewide  green-
    19  house  gas  emissions,  such  as  internal combustion vehicles that burn
    20  gasoline or diesel fuel and boilers or furnaces that burn oil or natural
    21  gas.
    22    3. In promulgating these regulations, the department shall:
    23    a. Design and implement all regulations in a manner that seeks  to  be
    24  equitable,  to  minimize costs and to maximize the total benefits to New
    25  York, and encourages early action to reduce greenhouse gas emissions.
    26    b. Ensure that greenhouse gas emissions reductions achieved are  real,
    27  permanent, quantifiable, verifiable, and enforceable by the department.
    28    c. Ensure that activities undertaken to comply with the regulations do
    29  not  result  in  a  net  increase in co-pollutant emissions or otherwise
    30  disproportionately burden disadvantaged communities as identified pursu-
    31  ant to section 75-0111 of this article.
    32    d. Prioritize measures to maximize net reductions  of  greenhouse  gas
    33  emissions  and  co-pollutants in disadvantaged communities as identified
    34  pursuant to section 75-0111 of this article and encourage  early  action
    35  to reduce greenhouse gas emissions and co-pollutants.
    36    e. Minimize leakage.
    37    4. a. The department may establish an alternative compliance mechanism
    38  to  be  used  by  sources  subject to greenhouse gas emissions limits to
    39  achieve net zero emissions.
    40    b. The use of such  mechanism  shall  account  for  not  greater  than
    41  fifteen  percent  of  statewide  greenhouse gas emissions estimated as a
    42  percentage of nineteen ninety emissions pursuant to section  75-0105  of
    43  this  article,  provided  that  the  use of this mechanism must offset a
    44  quantity greater than or equal to  the  greenhouse  gases  emitted.  The
    45  offset  of  greenhouse  gas  emissions shall not result in disadvantaged
    46  communities having to bear a disproportionate  burden  of  environmental
    47  impacts.
    48    c.  The  department  shall  verify that greenhouse gas emission offset
    49  projects authorized pursuant to this  subdivision  represent  greenhouse
    50  gas  equivalent  emission  reductions  or  carbon sequestration that are
    51  real, additional, verifiable, enforceable, and permanent.
    52    d. Any greenhouse gas emissions offset project shall comply  with  all
    53  of the requirements of this subdivision.
    54    e.  The  department  shall establish an application process that, at a
    55  minimum, requires a source to sufficiently demonstrate  that  compliance
    56  with  the  greenhouse gas emissions limits is not technologically feasi-

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

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

        S. 2992--B                         15                         A. 3876--B
 
     1    2. The social cost of carbon shall serve as a monetary estimate of the
     2  value  of  not emitting a ton of greenhouse gas emissions. As determined
     3  by the department, the social cost of carbon may be  based  on  marginal
     4  greenhouse gas abatement costs or on the global economic, environmental,
     5  and  social  impacts  of emitting a marginal ton of greenhouse gas emis-
     6  sions into the atmosphere, utilizing a  range  of  appropriate  discount
     7  rates, including a rate of zero.
     8    3.  In  developing  the  social  cost  of carbon, the department shall
     9  consider prior or existing estimates of the social cost of carbon issued
    10  or adopted by the federal government, appropriate international  bodies,
    11  or other appropriate and reputable scientific organizations.
    12  § 75-0115. Community air monitoring program.
    13    1. For purposes of this section, the following definitions and related
    14  provisions shall apply:
    15    a. "Community air monitoring system" means advanced sensing monitoring
    16  equipment  that measures and records air pollutant concentrations in the
    17  ambient air at or near sensitive  receptor  locations  in  disadvantaged
    18  communities.
    19    b. "Disadvantaged community" means a community identified as disadvan-
    20  taged  pursuant  to  the  criteria  set forth in section 75-0111 of this
    21  article.
    22    c. "Sensitive receptors" includes  hospitals,  schools  and  day  care
    23  centers, and such other locations as the department may determine.
    24    2. a. On or before October first, two thousand twenty-two, the depart-
    25  ment  shall  prepare,  in  consultation with the climate justice working
    26  group, a program demonstrating community air monitoring systems.
    27    b. The program shall identify the highest priority locations in disad-
    28  vantaged communities around the state to deploy community air monitoring
    29  systems, which shall  be  communities  with  potentially  high  exposure
    30  burdens  for  toxic  air  contaminants  and criteria air pollutants. The
    31  program shall be undertaken in no less than four  communities  statewide
    32  with regional consideration.
    33    c.  The  department shall publish the air quality data produced by the
    34  community air monitoring systems deployed pursuant to  this  section  on
    35  its website as it becomes available.
    36    3.  On  or before June first, two thousand twenty-four, the department
    37  shall prepare, in consultation with the climate justice working group, a
    38  strategy to reduce emissions of toxic air contaminants and criteria  air
    39  pollutants  in  disadvantaged  communities affected by a high cumulative
    40  exposure burden. The strategy shall include criteria for the development
    41  of community emission reduction programs. The criteria presented in  the
    42  strategy shall include, but are not limited to, the following:
    43    a.  an  assessment and identification of communities with high cumula-
    44  tive exposure burdens for toxic air contaminants and criteria air pollu-
    45  tants.
    46    b. a methodology for assessing and identifying the contributing sourc-
    47  es or categories of sources, including, but not limited  to,  stationary
    48  and  mobile  sources,  and an estimate of their relative contribution to
    49  elevated exposure to air pollution in  impacted  communities  identified
    50  pursuant to paragraph a of this subdivision.
    51    c.  an  assessment of the existing and available measures for reducing
    52  emissions from the contributing sources or categories of sources identi-
    53  fied pursuant to paragraph b of this subdivision.
    54    4. a. Based on the  assessment  and  identification  of  disadvantaged
    55  communities  with high cumulative exposure burdens for toxic air contam-
    56  inants and criteria air pollutants completed pursuant to paragraph a  of

        S. 2992--B                         16                         A. 3876--B
 
     1  subdivision three of this section, the department shall select disadvan-
     2  taged  communities  around  the state for preparation of community emis-
     3  sions reduction programs. The department may select additional locations
     4  annually thereafter, as appropriate.
     5    b. The department shall have the authority to adopt regulations estab-
     6  lishing  programs  to  achieve  emissions  reductions  for the locations
     7  selected using the most cost-effective measures identified  pursuant  to
     8  paragraph c of subdivision three of this section.
     9  § 75-0117. Investment of funds.
    10    State  agencies,  authorities  and  entities, in consultation with the
    11  environmental justice working group  and  the  climate  action  council,
    12  shall,  to  the extent practicable, invest or direct available and rele-
    13  vant programmatic resources in a manner designed to achieve a  goal  for
    14  disadvantaged  communities  to receive forty percent of overall benefits
    15  of spending on clean energy and energy efficiency programs, projects  or
    16  investments  in  the  areas of housing, workforce development, pollution
    17  reduction, low income  energy  assistance,  energy,  transportation  and
    18  economic  development,  provided however, that disadvantaged communities
    19  shall receive no less than thirty-five percent of the  overall  benefits
    20  of  spending on clean energy and energy efficiency programs, projects or
    21  investments and provided further that this section shall not alter funds
    22  already contracted or  committed  as  of  the  effective  date  of  this
    23  section.
    24  § 75-0119. Implementation reporting.
    25    1.  The  department  in  consultation with the council shall, not less
    26  than every four years, publish a report which shall include  recommenda-
    27  tions regarding the implementation of greenhouse gas reduction measures.
    28    2. The report shall, at minimum, include:
    29    a.  Whether the state is on track to meet the statewide greenhouse gas
    30  emissions limits established in section 75-0107 of this article.
    31    b. An assessment of existing regulations and whether modifications are
    32  needed to ensure fulfillment of the statewide greenhouse  gas  emissions
    33  limits.
    34    c.  An overview of social benefits from the regulations or other meas-
    35  ures, including reductions in greenhouse gas emissions and copollutants,
    36  diversification of energy sources, and other benefits  to  the  economy,
    37  environment, and public health.
    38    d.  An overview of compliance costs for regulated entities and for the
    39  department and other state agencies.
    40    e. Whether regulations or  other  greenhouse  gas  reduction  measures
    41  undertaken are equitable, minimize costs and maximize the total benefits
    42  to the state, and encourage early action.
    43    f.  Whether  activities  undertaken  to  comply with state regulations
    44  disproportionately burden disadvantaged communities as identified pursu-
    45  ant to section 75-0111 of this article.
    46    g. An assessment of local benefits and impacts of  any  reductions  in
    47  co-pollutants  related  to  reductions in statewide and local greenhouse
    48  gas emissions.
    49    h. An assessment of disadvantaged communities' access to or  community
    50  ownership of the services and commodities identified in section eight of
    51  the  chapter of the laws of two thousand nineteen which added this arti-
    52  cle.
    53    i. Whether entities that have voluntarily reduced their greenhouse gas
    54  emissions prior to the implementation of this article receive  appropri-
    55  ate credit for early voluntary reductions.
    56    j. Recommendations for future regulatory and policy action.

        S. 2992--B                         17                         A. 3876--B
 
     1    3.  In  preparing  this  report,  the  department shall, at a minimum,
     2  consult with the council, and the climate justice working  group  estab-
     3  lished in section 75-0111 of this article.
     4    4.  The  report  shall  be  published  and  posted on the department's
     5  website.
     6    § 3. Paragraphs f and g of subdivision 1 of  section  54-1523  of  the
     7  environmental conservation law, as added by section 5 of part U of chap-
     8  ter  58  of the laws of 2016, are amended and a new paragraph h is added
     9  to read as follows:
    10    f. enabling communities to become certified under  the  climate  smart
    11  communities  program, including by developing natural resources invento-
    12  ries, right sizing of municipal fleets and developing climate adaptation
    13  strategies; [and]
    14    g. climate change adaptation planning and supporting studies,  includ-
    15  ing  but  not  limited  to vulnerability assessment and risk analysis of
    16  municipal drinking water,  wastewater,  and  transportation  infrastruc-
    17  ture[.]; and
    18    h.  to  establish  and  implement  easily-replicated  renewable energy
    19  projects, including solar arrays, heat pumps and wind turbines in public
    20  low-income housing in suburban, urban and rural areas.
    21    § 4. The public service law is amended by adding a new section 66-p to
    22  read as follows:
    23    § 66-p. Establishment of a renewable energy program.   1. As  used  in
    24  this section:
    25    (a)  "jurisdictional  load serving entity" means any entity subject to
    26  the jurisdiction of the commission that  secures  energy  to  serve  the
    27  electrical energy requirements of end-use customers in New York state;
    28    (b) "renewable energy systems" means systems that generate electricity
    29  or thermal energy through use of the following technologies: solar ther-
    30  mal, photovoltaics, on land and offshore wind, hydroelectric, geothermal
    31  electric,  geothermal  ground  source  heat,  tidal energy, wave energy,
    32  ocean thermal, and fuel  cells  which  do  not  utilize  a  fossil  fuel
    33  resource in the process of generating electricity.
    34    2.  No later than June thirtieth, two thousand twenty-one, the commis-
    35  sion shall establish a program to require that: (a) a minimum of seventy
    36  percent of the state wide electric generation secured by  jurisdictional
    37  load  serving entities to meet the electrical energy requirements of all
    38  end-use customers in New York state in  two  thousand  thirty  shall  be
    39  generated  by  renewable  energy  systems;  and (b) that by the year two
    40  thousand forty (collectively, the "targets")  the  statewide  electrical
    41  demand  system will be zero emissions. In establishing such program, the
    42  commission shall consider and where applicable formulate the program  to
    43  address  impacts of the program on safe and adequate electric service in
    44  the state under reasonably foreseeable conditions.  The commission  may,
    45  in  designing the program, modify the obligations of jurisdictional load
    46  serving entities and/or the targets upon consideration  of  the  factors
    47  described in this subdivision.
    48    3.  No  later  than July first, two thousand twenty-four and every two
    49  years thereafter, the commission shall, after notice and  provision  for
    50  the  opportunity to comment, issue a comprehensive review of the program
    51  established pursuant to this section. The  commission  shall  determine,
    52  among  other  matters:  (a)  progress in meeting the overall targets for
    53  deployment of  renewable  energy  systems  and  zero  emission  sources,
    54  including  factors  that will or are likely to frustrate progress toward
    55  the targets; (b) distribution of systems by size and load zone; and  (c)
    56  annual funding commitments and expenditures.

        S. 2992--B                         18                         A. 3876--B
 
     1    4.  The  commission  may temporarily suspend or modify the obligations
     2  under such program provided that  the  commission,  after  conducting  a
     3  hearing  as  provided in section twenty of this chapter, makes a finding
     4  that the program impedes the provision of  safe  and  adequate  electric
     5  service; the program is likely to impair existing obligations and agree-
     6  ments; and/or that there is a significant increase in arrears or service
     7  disconnections that the commission determines is related to the program.
     8    5.  No later than July first, two thousand twenty-four, the commission
     9  shall establish programs to require the procurement by the state's  load
    10  serving entities of at least nine gigawatts of offshore wind electricity
    11  generation by two thousand thirty-five and six gigawatts of photovoltaic
    12  solar generation by two thousand twenty-five, and to support three giga-
    13  watts of statewide energy storage capacity by two thousand thirty.
    14    6.  In  any  proceeding  commenced  by  the  commission with a goal of
    15  achieving one hundred eighty-five  trillion  British  thermal  units  of
    16  end-use  energy  savings  below  the two thousand twenty-five energy-use
    17  forecast, the commission will include mechanisms to ensure  that,  where
    18  practicable, at least twenty percent of investments in residential ener-
    19  gy  efficiency,  including  multi-family  housing,  can be invested in a
    20  manner which will benefit disadvantaged communities, as defined in arti-
    21  cle seventy-five of the environmental conservation law.
    22    7. In the implementation of this section, the commission shall  design
    23  programs  in  a manner to provide substantial benefits for disadvantaged
    24  communities, as defined in article  seventy-five  of  the  environmental
    25  conservation  law, at a reasonable cost while ensuring safe and reliable
    26  electric service. Specifically, the commission shall:
    27    (a) To the extent practicable, specify that a  minimum  percentage  of
    28  energy  storage projects should deliver clean energy benefits into NYISO
    29  zones that serve disadvantaged communities, as defined in article seven-
    30  ty-five of the environmental conservation law, and that  energy  storage
    31  projects  be  deployed to reduce the usage of combustion-powered peaking
    32  facilities located in or near disadvantaged communities;
    33    (b) In pursuing the state's solar deployment goals, the New York state
    34  energy research and development authority shall consider enhanced incen-
    35  tive payments for solar and community distributed  generation  projects,
    36  focusing  in  particular  but not limited to those serving disadvantaged
    37  communities, as defined in article  seventy-five  of  the  environmental
    38  conservation  law,  which  result  in energy cost savings or demonstrate
    39  community ownership models; and,
    40    (c) In the allocation of ratepayer funds for clean energy, direct  the
    41  New  York  state  energy research and development authority and investor
    42  owned utilities to develop and report metrics  for  energy  savings  and
    43  clean  energy  market  penetration in the low and moderate income market
    44  and in disadvantaged communities, as defined in article seventy-five  of
    45  the  environmental  conservation  law,  and post such information on the
    46  website.
    47    § 5. This act shall be subject to current prevailing wage law.
    48    § 6. Report on barriers to, and opportunities for, community ownership
    49  of services and commodities  in  disadvantaged  communities.  1.  On  or
    50  before  two  years  of the effective date of this act, the department of
    51  environmental conservation, with input from relevant state agencies, the
    52  environmental justice advisory group as defined in  section  75-0101  of
    53  the environmental conservation law, the climate justice working group as
    54  defined  in  section  75-0111  of the environmental conservation law and
    55  Climate Action Council established in article 75  of  the  environmental
    56  conservation  law,  and  following  at  least two public hearings, shall

        S. 2992--B                         19                         A. 3876--B
 
     1  prepare a report on barriers to, and opportunities  for,  access  to  or
     2  community  ownership of the following services and commodities in disad-
     3  vantaged communities as identified in article 75  of  the  environmental
     4  conservation law:
     5    a. Distributed renewable energy generation.
     6    b. Energy efficiency and weatherization investments.
     7    c. Zero-emission and low-emission transportation options.
     8    d.  Adaptation  measures  to improve the resilience of homes and local
     9  infrastructure to the impacts of climate change including but not limit-
    10  ed to microgrids.
    11    e. Other services and infrastructure that can reduce the risks associ-
    12  ated with climate-related hazards, including but not limited to:
    13    i. Shelters and cool rooms during extreme heat events;
    14    ii. Shelters during flooding events; and
    15    iii. Medical treatment for asthma and other conditions that  could  be
    16  exacerbated by climate-related events.
    17    2.  The  report, which shall be submitted to the governor, the speaker
    18  of the assembly and the temporary president of the senate and posted  on
    19  the  department  of  environmental  conservation  website, shall include
    20  recommendations on how to increase access to the  services  and  commod-
    21  ities.
    22    3.  The department of environmental conservation shall amend the scop-
    23  ing plan for statewide greenhouse gas emissions reductions in accordance
    24  with the recommendations included in the report.
    25    § 7. Climate change actions by state agencies. 1. All  state  agencies
    26  shall  assess  and  implement  strategies to reduce their greenhouse gas
    27  emissions.
    28    2. In considering and issuing permits, licenses, and other administra-
    29  tive approvals and decisions, including but not limited to the execution
    30  of grants, loans, and contracts, all state agencies,  offices,  authori-
    31  ties, and divisions shall consider whether such decisions are inconsist-
    32  ent  with  or will interfere with the attainment of the statewide green-
    33  house  gas  emissions  limits  established  in   article   75   of   the
    34  environmental  conservation  law.  Where such decisions are deemed to be
    35  inconsistent with or will interfere with the attainment of the statewide
    36  greenhouse gas emissions limits,  each  agency,  office,  authority,  or
    37  division  shall  provide a detailed statement of justification as to why
    38  such limits/criteria may not be met, and identify alternatives or green-
    39  house gas mitigation measures to  be  required  where  such  project  is
    40  located.
    41    3. In considering and issuing permits, licenses, and other administra-
    42  tive approvals and decisions, including but not limited to the execution
    43  of  grants, loans, and contracts, pursuant to article 75 of the environ-
    44  mental conservation law, all state agencies, offices,  authorities,  and
    45  divisions  shall not disproportionately burden disadvantaged communities
    46  as identified pursuant to subdivision 5 of section 75-0101 of the  envi-
    47  ronmental  conservation  law.  All state agencies, offices, authorities,
    48  and divisions shall also prioritize reductions of greenhouse  gas  emis-
    49  sions  and  co-pollutants  in  disadvantaged  communities  as identified
    50  pursuant to such subdivision 5 of section 75-0101 of  the  environmental
    51  conservation law.
    52    §  8.  Authorization for other state agencies to promulgate greenhouse
    53  gas emissions regulations. 1. The public  service  commission,  the  New
    54  York  state energy research and development authority, the department of
    55  health, the department of transportation, the department of  state,  the
    56  department  of  economic  development, the department of agriculture and

        S. 2992--B                         20                         A. 3876--B
 
     1  markets, the department of financial services,  the  office  of  general
     2  services,  the  division  of  housing  and community renewal, the public
     3  utility authorities established pursuant to  titles  1,  1-A,  1-B,  11,
     4  11-A, 11-B, 11-C and 11-D of article 5 of the public authorities law and
     5  any  other  state  agency  shall promulgate regulations to contribute to
     6  achieving the statewide greenhouse gas emissions limits  established  in
     7  article 75 of the environmental conservation law. Provided, however, any
     8  such regulations shall not limit the department of environmental conser-
     9  vation's  authority  to  regulate  and  control greenhouse gas emissions
    10  pursuant to article 75 of the environmental conservation law.
    11    § 9. Chapter 355 of the laws of 2014, constituting the community  risk
    12  and  resiliency act, is amended by adding two new sections 17-a and 17-b
    13  to read as follows:
    14    § 17-a.  The  department  of  environmental  conservation  shall  take
    15  actions to promote adaptation and resilience, including:
    16    (a)  actions  to  help  state  agencies  and other entities assess the
    17  reasonably foreseeable risks of climate change on any proposed projects,
    18  taking into account issues such as: sea level rise, tropical and  extra-
    19  tropical  cyclones, storm surges, flooding, wind, changes in average and
    20  peak temperatures, changes in average  and  peak  precipitation,  public
    21  health impacts, and impacts on species and other natural resources.
    22    (b)  identifying  the  most  significant climate-related risks, taking
    23  into account the probability of occurrence, the magnitude of the  poten-
    24  tial harm, and the uncertainty of the risk.
    25    (c) measures that could mitigate significant climate-related risks, as
    26  well as a cost-benefit analysis and implementation of such measures.
    27    § 17-b. Major permits for the regulatory programs of subdivision three
    28  of  section  70-0107 of the environmental conservation law shall require
    29  applicants to demonstrate that future physical  climate  risk  has  been
    30  considered. In reviewing such information the department may require the
    31  applicant  to mitigate significant risks to public infrastructure and/or
    32  services, private property not owned by the applicant,  adverse  impacts
    33  on  disadvantaged  communities, and/or natural resources in the vicinity
    34  of the project.
    35    § 10. Nothing in this act shall limit  the  existing  authority  of  a
    36  state  entity  to adopt and implement greenhouse gas emissions reduction
    37  measures.
    38    § 11. Nothing in this act shall relieve any person, entity, or  public
    39  agency of compliance with other applicable federal, state, or local laws
    40  or  regulations, including state air and water quality requirements, and
    41  other requirements for protecting public health or the environment.
    42    § 12. Review under this act may be had in a proceeding  under  article
    43  78  of  the  civil  practice law and rules at the instance of any person
    44  aggrieved.
    45    § 13. Severability. If any word, phrase, clause, sentence,  paragraph,
    46  section, or part of this act shall be adjudged by any court of competent
    47  jurisdiction  to be invalid, such judgement shall not affect, impair, or
    48  invalidate the remainder thereof, but shall be confined in its operation
    49  to the word, phrase, clause, sentence, paragraph, section, or part ther-
    50  eof directly involved in the controversy in which such  judgement  shall
    51  have been rendered.
    52    §  14.  This  act  shall  take effect on the same date and in the same
    53  manner as a chapter of the laws  of  2019,  amending  the  environmental
    54  conservation  law,  relating  to  establishing a permanent environmental
    55  justice advisory group and an environmental justice interagency  coordi-
    56  nating  council, as proposed in legislative bills numbers S. 2385 and A.

        S. 2992--B                         21                         A. 3876--B
 
     1  1564, takes effect; provided further, the provisions of section  75-0115
     2  of  the  environmental  conservation law as added by section two of this
     3  act shall take effect October 1, 2022.
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