STATE OF NEW YORK
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4180
2019-2020 Regular Sessions
IN SENATE
March 4, 2019
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Introduced by Sens. PARKER, ADDABBO, BAILEY, MONTGOMERY -- read twice
and ordered printed, and when printed to be committed to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing a goal to reduce greenhouse gas emissions eighty percent
by 2050 and preparing a climate action plan
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent and findings. Governor David A. Paterson
2 issued Executive Order No. 24 on August 6, 2009 entitled "Establishing a
3 Goal to Reduce Greenhouse Gas Emissions Eighty Percent by the Year 2050
4 and Preparing a Climate Action Plan." This Executive Order was continued
5 by Governor Andrew M. Cuomo. The purpose of this act is to codify Execu-
6 tive Order No. 24 that was issued August 6, 2009.
7 An emerging scientific consensus recognizes that the increased concen-
8 tration of carbon dioxide in the atmosphere, along with other heat-trap-
9 ping greenhouse gases, resulting from the combustion of fossil fuels and
10 other human sources, warms the planet and changes its climate. Many
11 scientists warn that unmitigated climate change is expected to result in
12 significant adverse impact to our communities, economy and environment.
13 According to the scientific assessments of the United Nations Intergov-
14 ernmental Panel on Climate Change, and other work, substantial
15 reductions in greenhouse gas emissions by mid-century have the potential
16 to minimize the most severe climate change impacts currently predicted.
17 The reduction of global warming and limitation of climate change
18 effects requires a collaborative, international effort to reduce the
19 emission of greenhouses gases around the globe. New York and other
20 states should work collaboratively with the federal government to devel-
21 op and implement plans and policies that will achieve reductions in
22 greenhouse gas emissions in the United States. Expanding and advancing
23 energy efficiency and renewable energy projects will reduce greenhouse
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10393-01-9
S. 4180 2
1 gas emissions and create new jobs. New York State has demonstrated
2 leadership in this effort by undertaking various actions. It is appro-
3 priate to build upon the important environmental benefits obtained
4 through these actions and to establish a State-wide goal for the
5 reduction of greenhouse gases, and to develop a plan that enables New
6 York to participate fully in the national and international efforts to
7 combat climate change.
8 § 2. Article 19 of the environmental conservation law is amended by
9 adding a new title 13 to read as follows:
10 TITLE 13
11 CLIMATE ACTION COUNCIL
12 Section 19-1301. Climate action council.
13 § 19-1301. Climate action council.
14 1. It shall be a goal of the state of New York to reduce current
15 greenhouse gas emissions from all sources within the state eighty
16 percent below levels emitted in the year nineteen hundred ninety by the
17 year two thousand fifty.
18 2. There is hereby created a climate action council ("council")
19 consisting of the commissioners of agriculture and markets, economic
20 development, environmental conservation, housing and community renewal,
21 and transportation; the chairs of the public service commission and the
22 metropolitan transportation authority; the presidents of the New York
23 state energy research and development authority, Long Island power
24 authority, New York power authority and dormitory authority of the state
25 of New York; the secretary of state; the director of the budget; the
26 director of state operations; and the counsel to the governor. The
27 director of state operations shall serve as the chair of the council.
28 3. The council shall prepare a draft climate action plan on or before
29 September thirtieth, two thousand eighteen. The council shall hold
30 regional public comment hearings on the draft plan, and shall allow at
31 least sixty days for the submission of public comment. Thereafter, the
32 council shall prepare a final climate action plan which shall be
33 reviewed and, if warranted, adjusted annually by the council.
34 4. In aspiring to meet the greenhouse gas emission reduction goal, the
35 council, in preparing the climate action plan, shall:
36 a. inventory greenhouse gas emissions within the state, including the
37 relative contribution of each type of emission source;
38 b. identify and assess short-term and long-term actions to reduce
39 greenhouse gas emissions and adapt to climate change across all economic
40 sectors, including industry, transportation, agriculture, building
41 construction and energy production;
42 c. identify and analyze the anticipated reductions, and the economic
43 implications thereof, as a result of each action;
44 d. identify the anticipated life-cycle implications, consequences,
45 benefits and costs of implementing each action, including implications,
46 consequences, benefits and costs to the state, local governments, busi-
47 nesses and residents from implementation of each option and action;
48 e. identify whether such actions support New York's goals for clean
49 energy in the new economy, including specific short-term and long-term
50 economic development opportunities and disadvantages related to green-
51 house gas emission reductions and the development and deployment of new
52 and emerging technologies and energy sources;
53 f. coordinate its activities with the state energy planning process of
54 the state energy planning board;
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1 g. identify existing legal, regulatory and policy constraints to
2 reducing greenhouse gas emissions, assessing the impacts of climate
3 change, and adapting to climate change, and recommend ways to address
4 any such constraints;
5 h. establish estimated timelines for considering and implementing
6 actions; and
7 i. undertake such actions, and compile such additional material, as
8 deemed appropriate by the council in carrying out its responsibilities
9 under this section.
10 5. Members of the council may designate an executive staff member to
11 represent them and participate on the council on their behalf, subject
12 to the approval of the chair. A majority of the members of the council
13 shall constitute a quorum, and all actions and recommendations of the
14 council shall require approval of a majority of the total members or
15 their representatives.
16 6. The entities represented on the council are authorized to provide
17 the primary staff and other resources that are necessary for the council
18 to comply with this section. In addition, every other agency, depart-
19 ment, office, division and public authority of this state shall cooper-
20 ate with the council and furnish such information and assistance as the
21 council determines is reasonably necessary for it to comply with this
22 section.
23 7. The council may convene advisory panels to assist or advise it in
24 areas requiring special expertise or knowledge.
25 8. The climate action plan is not intended to be static, but rather a
26 dynamic and continually evolving strategy to assess and achieve the goal
27 of sustained reductions of greenhouse gas emissions.
28 § 3. This act shall take effect immediately.