S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2891--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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:

  Section 1. Legislative intent and findings. Governor David A. Paterson
issued Executive Order No. 24 on August 6, 2009 entitled "Establishing a
Goal to Reduce Greenhouse Gas Emissions Eighty Percent by the Year  2050
and Preparing a Climate Action Plan." This Executive Order was continued
by Governor Andrew M. Cuomo. The purpose of this act is to codify Execu-
tive Order No. 24 that was issued August 6, 2009.
  An emerging scientific consensus recognizes that the increased concen-
tration of carbon dioxide in the atmosphere, along with other heat-trap-
ping greenhouse gases, resulting from the combustion of fossil fuels and
other  human  sources,  warms  the  planet and changes its climate. Many
scientists warn that unmitigated climate change is expected to result in
significant adverse impact to our communities, economy and  environment.
According  to the scientific assessments of the United Nations Intergov-
ernmental  Panel  on  Climate  Change,  and  other   work,   substantial
reductions in greenhouse gas emissions by mid-century have the potential
to minimize the most severe climate change impacts currently predicted.
  The  reduction  of  global  warming  and  limitation of climate change
effects requires a collaborative, international  effort  to  reduce  the
emission  of  greenhouses  gases  around the globe.   New York and other
states should work collaboratively with the federal government to devel-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06673-02-6
              

S. 2891--A                          2

op and implement plans and policies  that  will  achieve  reductions  in
greenhouse  gas emissions in the United States.  Expanding and advancing
energy efficiency and renewable energy projects will  reduce  greenhouse
gas  emissions  and  create  new jobs.   New York State has demonstrated
leadership in this effort by undertaking various actions.  It is  appro-
priate  to  build  upon  the  important  environmental benefits obtained
through these actions  and  to  establish  a  State-wide  goal  for  the
reduction  of  greenhouse  gases, and to develop a plan that enables New
York to participate fully in the national and international  efforts  to
combat climate change.
  S  2.  Article  19 of the environmental conservation law is amended by
adding a new title 13 to read as follows:

                                TITLE 13
                         CLIMATE ACTION COUNCIL
SECTION 19-1301. CLIMATE ACTION COUNCIL.
S 19-1301. CLIMATE ACTION COUNCIL.
  1. IT SHALL BE A GOAL OF THE STATE  OF  NEW  YORK  TO  REDUCE  CURRENT
GREENHOUSE  GAS  EMISSIONS  FROM  ALL  SOURCES  WITHIN  THE STATE EIGHTY
PERCENT BELOW LEVELS EMITTED IN THE YEAR NINETEEN HUNDRED NINETY BY  THE
YEAR TWO THOUSAND FIFTY.
  2.  THERE  IS  HEREBY  CREATED  A  CLIMATE  ACTION COUNCIL ("COUNCIL")
CONSISTING OF THE COMMISSIONERS OF  AGRICULTURE  AND  MARKETS,  ECONOMIC
DEVELOPMENT,  ENVIRONMENTAL CONSERVATION, HOUSING AND COMMUNITY RENEWAL,
AND TRANSPORTATION; THE CHAIRS OF THE PUBLIC SERVICE COMMISSION AND  THE
METROPOLITAN  TRANSPORTATION  AUTHORITY;  THE PRESIDENTS OF THE NEW YORK
STATE ENERGY RESEARCH  AND  DEVELOPMENT  AUTHORITY,  LONG  ISLAND  POWER
AUTHORITY, NEW YORK POWER AUTHORITY AND DORMITORY AUTHORITY OF THE STATE
OF  NEW  YORK;  THE  SECRETARY OF STATE; THE DIRECTOR OF THE BUDGET; THE
DIRECTOR OF STATE OPERATIONS; AND  THE  COUNSEL  TO  THE  GOVERNOR.  THE
DIRECTOR OF STATE OPERATIONS SHALL SERVE AS THE CHAIR OF THE COUNCIL.
  3.  THE COUNCIL SHALL PREPARE A DRAFT CLIMATE ACTION PLAN ON OR BEFORE
SEPTEMBER THIRTIETH, TWO THOUSAND  SEVENTEEN.  THE  COUNCIL  SHALL  HOLD
REGIONAL  PUBLIC  COMMENT HEARINGS ON THE DRAFT PLAN, AND SHALL ALLOW AT
LEAST SIXTY DAYS FOR THE SUBMISSION OF PUBLIC COMMENT.  THEREAFTER,  THE
COUNCIL  SHALL  PREPARE  A  FINAL  CLIMATE  ACTION  PLAN  WHICH SHALL BE
REVIEWED AND, IF WARRANTED, ADJUSTED ANNUALLY BY THE COUNCIL.
  4. IN ASPIRING TO MEET THE GREENHOUSE GAS EMISSION REDUCTION GOAL, THE
COUNCIL, IN PREPARING THE CLIMATE ACTION PLAN, SHALL:
  A. INVENTORY GREENHOUSE GAS EMISSIONS WITHIN THE STATE, INCLUDING  THE
RELATIVE CONTRIBUTION OF EACH TYPE OF EMISSION SOURCE;
  B.  IDENTIFY  AND  ASSESS  SHORT-TERM  AND LONG-TERM ACTIONS TO REDUCE
GREENHOUSE GAS EMISSIONS AND ADAPT TO CLIMATE CHANGE ACROSS ALL ECONOMIC
SECTORS,  INCLUDING  INDUSTRY,  TRANSPORTATION,  AGRICULTURE,   BUILDING
CONSTRUCTION AND ENERGY PRODUCTION;
  C.  IDENTIFY  AND ANALYZE THE ANTICIPATED REDUCTIONS, AND THE ECONOMIC
IMPLICATIONS THEREOF, AS A RESULT OF EACH ACTION;
  D. IDENTIFY THE  ANTICIPATED  LIFE-CYCLE  IMPLICATIONS,  CONSEQUENCES,
BENEFITS  AND COSTS OF IMPLEMENTING EACH ACTION, INCLUDING IMPLICATIONS,
CONSEQUENCES, BENEFITS AND COSTS TO THE STATE, LOCAL GOVERNMENTS,  BUSI-
NESSES AND RESIDENTS FROM IMPLEMENTATION OF EACH OPTION AND ACTION;
  E.  IDENTIFY  WHETHER  SUCH ACTIONS SUPPORT NEW YORK'S GOALS FOR CLEAN
ENERGY IN THE NEW ECONOMY, INCLUDING SPECIFIC SHORT-TERM  AND  LONG-TERM
ECONOMIC  DEVELOPMENT  OPPORTUNITIES AND DISADVANTAGES RELATED TO GREEN-
HOUSE GAS EMISSION REDUCTIONS AND THE DEVELOPMENT AND DEPLOYMENT OF  NEW
AND EMERGING TECHNOLOGIES AND ENERGY SOURCES;

S. 2891--A                          3

  F. COORDINATE ITS ACTIVITIES WITH THE STATE ENERGY PLANNING PROCESS OF
THE STATE ENERGY PLANNING BOARD;
  G.  IDENTIFY  EXISTING  LEGAL,  REGULATORY  AND  POLICY CONSTRAINTS TO
REDUCING GREENHOUSE GAS EMISSIONS,  ASSESSING  THE  IMPACTS  OF  CLIMATE
CHANGE,  AND  ADAPTING  TO CLIMATE CHANGE, AND RECOMMEND WAYS TO ADDRESS
ANY SUCH CONSTRAINTS;
  H. ESTABLISH ESTIMATED  TIMELINES  FOR  CONSIDERING  AND  IMPLEMENTING
ACTIONS; AND
  I.  UNDERTAKE  SUCH  ACTIONS, AND COMPILE SUCH ADDITIONAL MATERIAL, AS
DEEMED APPROPRIATE BY THE COUNCIL IN CARRYING OUT  ITS  RESPONSIBILITIES
UNDER THIS SECTION.
  5.  MEMBERS  OF THE COUNCIL MAY DESIGNATE AN EXECUTIVE STAFF MEMBER TO
REPRESENT THEM AND PARTICIPATE ON THE COUNCIL ON THEIR  BEHALF,  SUBJECT
TO  THE  APPROVAL OF THE CHAIR. A MAJORITY OF THE MEMBERS OF THE COUNCIL
SHALL CONSTITUTE A QUORUM, AND ALL ACTIONS AND  RECOMMENDATIONS  OF  THE
COUNCIL  SHALL  REQUIRE  APPROVAL  OF A MAJORITY OF THE TOTAL MEMBERS OR
THEIR REPRESENTATIVES.
  6. THE ENTITIES REPRESENTED ON THE COUNCIL ARE AUTHORIZED  TO  PROVIDE
THE PRIMARY STAFF AND OTHER RESOURCES THAT ARE NECESSARY FOR THE COUNCIL
TO  COMPLY  WITH  THIS SECTION. IN ADDITION, EVERY OTHER AGENCY, DEPART-
MENT, OFFICE, DIVISION AND PUBLIC AUTHORITY OF THIS STATE SHALL  COOPER-
ATE  WITH THE COUNCIL AND FURNISH SUCH INFORMATION AND ASSISTANCE AS THE
COUNCIL DETERMINES IS REASONABLY NECESSARY FOR IT TO  COMPLY  WITH  THIS
SECTION.
  7.  THE  COUNCIL MAY CONVENE ADVISORY PANELS TO ASSIST OR ADVISE IT IN
AREAS REQUIRING SPECIAL EXPERTISE OR KNOWLEDGE.
  8. THE CLIMATE ACTION PLAN IS NOT INTENDED TO BE STATIC, BUT RATHER  A
DYNAMIC AND CONTINUALLY EVOLVING STRATEGY TO ASSESS AND ACHIEVE THE GOAL
OF SUSTAINED REDUCTIONS OF GREENHOUSE GAS EMISSIONS.
  S 3. This act shall take effect immediately.