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

                                  8005

                            I N  S E N A T E

                              June 3, 2016
                               ___________

Introduced  by  Sens.  SAVINO, AVELLA, HOYLMAN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

AN ACT to amend the environmental conservation law, the  public  service
  law,  the public authorities law, the labor law and the community risk
  and resiliency act, in relation to establishing  the  New  York  state
  climate and community protection act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and declaration. The legislature here-
by enacts the "New York state climate and community protection act"  and
finds and declares that:
  1.  Climate  change is adversely affecting economic well-being, public
health, natural resources, and the environment of New York. The  adverse
impacts of climate change include:
  a.  an  increase  in  the  severity  and  frequency of extreme weather
events, such as storms, flooding, and heat waves, which can cause direct
injury or death, property damage, and ecological damage  (e.g.,  through
the release of hazardous substances into the environment);
  b.  rising  sea  levels, which exacerbate damage from storm surges and
flooding, contribute to coastal erosion  and  saltwater  intrusion,  and
inundate  low-lying  areas,  leading to the displacement of or damage to
coastal habitat, property, and infrastructure;
  c. a decline in freshwater and saltwater fish populations;
  d. increased average temperatures, which increase the demand  for  air
conditioning and refrigeration among residents and businesses;
  e. exacerbation of air pollution; and
  f.  an  increase  in  the  incidences  of  infectious diseases, asthma
attacks, heart  attacks,  and  other  negative  health  outcomes.  These
impacts  are  having  a detrimental effect on some of New York's largest
industries, including agriculture, commercial shipping, forestry,  tour-
ism,  and  recreational and commercial fishing. These impacts also place
additional strain on the physical infrastructure that delivers  critical

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15576-05-6
              

S. 8005                             2

services  to  the  citizens  of  New York, including the state's energy,
transportation, stormwater, and wastewater infrastructure.
  2. The severity of current climate change and the threat of additional
and more severe change will be affected by the actions undertaken by New
York and other jurisdictions to reduce greenhouse gas emissions. Accord-
ing  to  the U.S. Global Change Research Program (USGCRP) and the Inter-
governmental Panel on Climate Change (IPCC), substantial  reductions  in
greenhouse  gas  emissions  will  be required by mid-century in order to
limit global warming to no more than 2°C and  ideally  1.5°C,  and  thus
minimize  the  risk of severe impacts from climate change. Specifically,
industrialized countries must reduce their greenhouse gas  emissions  by
at  least  80%  below  1990  levels by 2050 in order to stabilize carbon
dioxide equivalent concentrations at 450 parts  per  million--the  level
required to stay within the 2°C target.
  3.  Action  undertaken by New York to reduce greenhouse emissions will
have an impact on global  greenhouse  gas  emissions  and  the  rate  of
climate  change. In addition, such action will encourage other jurisdic-
tions to implement complementary greenhouse gas reduction strategies and
provide an example of how such strategies can be  implemented.  It  will
also advance the development of green technologies and sustainable prac-
tices  within  the  private  sector, which can have far-reaching impacts
such as a reduction in the cost of renewable energy components, and  the
creation of jobs and tax revenues in New York.
  4.  It  shall  therefore  be a goal of the state of New York to reduce
greenhouse gas emissions from all anthropogenic sources 100%  over  1990
levels  by  the  year  2050, with an incremental target of at least a 50
percent reduction in climate pollution by the year 2030,  in  line  with
USGCRP  and  IPCC  projections  of  what  is necessary to avoid the most
severe impacts of climate change.
  5. Although substantial emissions reductions are  necessary  to  avoid
the  most  severe  impacts  of  climate change, complementary adaptation
measures will also be needed to  address  those  risks  that  cannot  be
avoided. Some of the impacts of climate change are already observable in
New  York  state  and  the  northeastern  United  States. Annual average
temperatures are on the rise, winter  snow  cover  is  decreasing,  heat
waves  and  precipitation  are  intensifying,  and  sea levels along New
York's coastline are approximately one foot higher  than  they  were  in
1900.  New York has also experienced an increasing number of extreme and
unusual   weather   events,  like  Hurricanes  Irene  and  Lee  and  the
unprecedented Superstorm Sandy in 2012, which caused at least 53  deaths
and $32 billion in damage in New York state.
  6.  New  York  should  therefore  minimize  the  risks associated with
climate change through a combination of  measures  to  reduce  statewide
greenhouse  gas  emissions  and improve the resiliency of the state with
respect to the impacts and  risks  of  climate  change  that  cannot  be
avoided.
  7.  Climate change especially heightens the vulnerability of disadvan-
taged communities, which bear environmental and socioeconomic burdens as
well as legacies of racial and ethnic discrimination. Actions undertaken
by New York state to mitigate greenhouse gas emissions should prioritize
the safety and health of disadvantaged  communities,  control  potential
regressive  impacts  of  future climate change mitigation and adaptation
policies on these communities, and prioritize the allocation  of  public
investments in these areas.
  8.  Creating good jobs and a thriving economy is a core concern of New
York state.   Shaping the ongoing transition in  our  energy  sector  to

S. 8005                             3

ensure  that  it  creates good jobs and protects workers and communities
that may lose employment in the current transition must be key  concerns
of  our  climate  policy.  Setting  clear  standards for job quality and
training  standards  encourages  not only high-quality work but positive
economic impacts.
  9. Workers are at the front lines of  climate  change.    Construction
workers  and  building  service  workers  were some of the first workers
dedicated to cleaning up damage inflicted by recent storms. These  work-
ers  were  often operating in unsafe and toxic environments, cleaning up
mold, and working in unstable buildings. In order to protect the  health
and  welfare of these workers, it is in the interest of the state of New
York to establish safe and healthy working conditions and proper  train-
ing  for workers involved in climate change related activities. In addi-
tion, much of the infrastructure work preparing our state for additional
climate change events must happen quickly and efficiently. It is in  the
interest  of  the  state  to  ensure labor harmony and promote efficient
performance of work on climate change related work  sites  by  requiring
workers to be well-trained and adequately compensated.
  10.  Ensuring  career  opportunities  are created and shared geograph-
ically and demographically is necessary to ensure  increased  access  to
good  jobs  for marginalized communities while making the same neighbor-
hoods more resilient.  Climate change has a disproportionate  impact  on
low-income  people,  women,  and  workers.  It is in the interest of the
state of New York to protect and promote the interests of  these  groups
against  the  impacts of climate change and severe weather events and to
advance our equity goals by ensuring quality employment opportunities in
safe working environments.
  11. The complexity  of  the  ongoing  energy  transition,  the  uneven
distribution  of  economic opportunity, and the disproportionate cumula-
tive economic and environmental burdens on communities mean  that  there
is a strong state interest in setting a floor statewide for labor stand-
ards, but allowing and encouraging individual agencies and local govern-
ments to raise standards.
  12.  By  exercising  a  global leadership role on greenhouse gas miti-
gation and climate change adaptation, New York will position its  econo-
my,  technology centers, financial institutions, and businesses to bene-
fit from national and international efforts to address  climate  change.
New  York  state  has  already  demonstrated  leadership in this area by
undertaking efforts such as:
  a. executive order no. 24 (2009), establishing a goal to reduce green-
house gas emissions 80% by the year  2050,  creating  a  climate  action
council, and calling for preparation of a climate action plan;
  b.  chapter 433 of the laws of 2009, establishing a state energy plan-
ning board and requiring the board to adopt a state energy plan;
  c. chapter 388 of the laws of 2011, directing the department of  envi-
ronmental  conservation  to  promulgate  rules  and regulations limiting
emissions of carbon dioxide by newly constructed major generating facil-
ities;
  d. the adoption of a state energy plan establishing clean energy goals
for the year 2030 aimed at reducing greenhouse gas  emission  levels  by
40% from 1990 levels, producing 50% of electricity from renewable sourc-
es, and increasing energy efficiency from 2012 levels by 23%;
  e.  collaboration  with  other  states  on the Regional Greenhouse Gas
Initiative, and the development of a regional low carbon fuel standard;

S. 8005                             4

  f. creation of new offices and task forces to address climate  change,
including  the  New  York  state office of climate change, the renewable
energy task force, and the sea level rise task force; and
  g.  the  enactment  of  the  Community Risk and Resiliency Act (CRRA),
which requires agencies to consider sea level rise and other climate-re-
lated events when implementing certain state programs.
  This legislation will build upon these past developments by creating a
comprehensive regulatory program to reduce greenhouse gas emissions that
corresponds with the targets established in executive order no. 24,  the
state energy plan, and USGCRP and IPCC projections.
  S  2.  The  environmental  conservation law is amended by adding a new
article 75 to read as follows:
                               ARTICLE 75
                             CLIMATE CHANGE
SECTION 75-0101. DEFINITIONS.
        75-0103. NEW YORK STATE CLIMATE ACTION COUNCIL.
        75-0105. GREENHOUSE GAS REPORTING.
        75-0107. STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS.
        75-0109. SCOPING PLAN FOR  STATEWIDE  GREENHOUSE  GAS  EMISSIONS
                   REDUCTIONS.
        75-0111. PROMULGATION OF REGULATIONS TO ACHIEVE STATEWIDE GREEN-
                   HOUSE GAS EMISSIONS REDUCTIONS.
        75-0113. DISADVANTAGED COMMUNITIES WORKING GROUP.
        75-0115. IMPLEMENTATION REPORTING.
S 75-0101. DEFINITIONS.
  FOR  THE  PURPOSES  OF THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  1. "ALLOWANCE" MEANS AN AUTHORIZATION  TO  EMIT,  DURING  A  SPECIFIED
YEAR, UP TO ONE TON OF CARBON DIOXIDE EQUIVALENT.
  2.  "ALTERNATIVE COMPLIANCE MECHANISM" MEANS AN ACTION UNDERTAKEN BY A
GREENHOUSE GAS EMISSION SOURCE THAT ACHIEVES THE EQUIVALENT REDUCTION OF
GREENHOUSE GAS EMISSIONS OVER THE SAME TIME PERIOD AS A DIRECT  EMISSION
REDUCTION,  AND  THAT IS APPROVED BY THE DEPARTMENT. SUCH MECHANISMS MAY
INCLUDE BUT ARE NOT LIMITED TO A FLEXIBLE COMPLIANCE SCHEDULE,  ALTERNA-
TIVE CONTROL TECHNOLOGY, A PROCESS CHANGE, OR A PRODUCT SUBSTITUTION.
  3.  "CARBON  DIOXIDE EQUIVALENT" MEANS THE AMOUNT OF CARBON DIOXIDE BY
MASS THAT WOULD PRODUCE THE SAME GLOBAL WARMING IMPACT AS A  GIVEN  MASS
OF  ANOTHER  GREENHOUSE  GAS  OVER  AN INTEGRATED TWENTY-YEAR TIME FRAME
AFTER EMISSION, BASED ON THE BEST AVAILABLE SCIENCE.
  4. "CO-POLLUTANTS" MEANS HAZARDOUS AIR POLLUTANTS PRODUCED  BY  GREEN-
HOUSE GAS EMISSIONS SOURCES.
  5.  "COUNCIL"  MEANS  THE NEW YORK STATE CLIMATE ACTION COUNCIL ESTAB-
LISHED PURSUANT TO SECTION 75-0103 OF THIS ARTICLE.
  6.  "DIRECT  EMISSION  REDUCTION"  MEANS  A  GREENHOUSE  GAS  EMISSION
REDUCTION ACTION MADE BY A GREENHOUSE GAS EMISSION SOURCE AT THE SOURCE.
  7.  "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR BURDENS OF
NEGATIVE PUBLIC HEALTH  EFFECTS,  ENVIRONMENTAL  POLLUTION,  IMPACTS  OF
CLIMATE  CHANGE,  AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA, AS IDENTI-
FIED PURSUANT TO SECTION 75-0113 OF THIS ARTICLE.
  8. "EMISSIONS REDUCTION MEASURES" MEANS PROGRAMS, MEASURES, STANDARDS,
AND ALTERNATIVE COMPLIANCE MECHANISMS AUTHORIZED PURSUANT TO THIS  CHAP-
TER,  APPLICABLE  TO SOURCES OR CATEGORIES OF SOURCES, THAT ARE DESIGNED
TO REDUCE EMISSIONS OF GREENHOUSE GASES.
  9. "GREENHOUSE GAS" MEANS  CARBON  DIOXIDE,  METHANE,  NITROUS  OXIDE,
HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER

S. 8005                             5

SUBSTANCE  EMITTED  INTO  THE  AIR THAT MAY BE REASONABLY ANTICIPATED TO
CAUSE OR CONTRIBUTE TO ANTHROPOGENIC CLIMATE CHANGE.
  10.  "GREENHOUSE  GAS EMISSION LIMIT" MEANS AN AUTHORIZATION, DURING A
SPECIFIED YEAR, TO EMIT UP TO A LEVEL OF GREENHOUSE GASES  SPECIFIED  BY
THE DEPARTMENT, EXPRESSED IN TONS OF CARBON DIOXIDE EQUIVALENT.
  11.  "GREENHOUSE  GAS EMISSION SOURCE" OR "SOURCE" MEANS ANY SOURCE OR
CATEGORY OF SOURCES OF  GREENHOUSE  GAS  EMISSIONS,  DETERMINED  BY  THE
DEPARTMENT TO BE CAPABLE OF BEING MONITORED FOR COMPLIANCE.
  12. "LEAKAGE" MEANS A REDUCTION IN EMISSIONS OF GREENHOUSE GASES WITH-
IN  THE  STATE  THAT IS OFFSET BY AN INCREASE IN EMISSIONS OF GREENHOUSE
GASES OUTSIDE OF THE STATE.
  13. "MAJOR GREENHOUSE GAS EMISSION SOURCE" OR "MAJOR SOURCE" MEANS ANY
SOURCE WHOSE EMISSIONS ARE AT A LEVEL OF SIGNIFICANCE, AS DETERMINED  BY
THE  DEPARTMENT, THAT ITS PARTICIPATION IN THE PROGRAM ESTABLISHED UNDER
THIS ARTICLE WILL ENABLE THE DEPARTMENT TO EFFECTIVELY REDUCE GREENHOUSE
GAS EMISSIONS AND MONITOR COMPLIANCE WITH THE STATEWIDE  GREENHOUSE  GAS
EMISSIONS LIMITS AS ESTABLISHED IN SECTION 75-0107 OF THIS ARTICLE. SUCH
SOURCES SHALL INCLUDE, AT MINIMUM:
  A.  MANUFACTURERS,  PRODUCERS,  AND/OR  DISTRIBUTORS  OF FOSSIL FUELS,
INCLUDING BUT NOT LIMITED TO OIL  REFINERIES,  OIL  STORAGE  FACILITIES,
NATURAL  GAS STORAGE FACILITIES, COMPRESSOR STATIONS, NATURAL GAS METER-
ING AND REGULATOR STATIONS, AND NATURAL GAS PIPELINES;
  B. ANY ELECTRIC GENERATING FACILITY OF 25 MEGAWATTS OR MORE THAT BURNS
FOSSIL FUELS;
  C. ANY STATIONARY SOURCE OF GREENHOUSE GAS EMISSIONS THAT EMITS 25,000
METRIC TONS OR MORE OF CARBON DIOXIDE EQUIVALENT PER YEAR;
  D. ANY OTHER SOURCE, CAPABLE OF BEING MEASURED,  THAT  THE  DEPARTMENT
DEEMS  TO  BE  A  MAJOR  CONTRIBUTOR TO GREENHOUSE GAS EMISSIONS IN THIS
STATE.
  14. "MARKET-BASED COMPLIANCE MECHANISM" MEANS ANY OF THE FOLLOWING:
  A. A  PRICE  ON  GREENHOUSE  GAS  EMISSIONS  FROM  REGULATED  SOURCES,
EXPRESSED  AS  A  FEE PER TON OF CARBON DIOXIDE EQUIVALENT RELEASED IN A
GIVEN YEAR.
  B. A SYSTEM OF MARKET-BASED DECLINING ANNUAL AGGREGATE EMISSIONS LIMI-
TATIONS FOR SOURCES OR CATEGORIES OF SOURCES THAT EMIT GREENHOUSE GASES.
  C. GREENHOUSE GAS EMISSIONS EXCHANGES,  BANKING,  CREDITS,  AND  OTHER
TRANSACTIONS,  GOVERNED  BY  RULES  AND  REGULATIONS  ESTABLISHED BY THE
DEPARTMENT, FOLLOWING APPROVAL BY THE LEGISLATURE AND AFTER NO LESS THAN
TWO PUBLIC HEARINGS, THAT RESULT IN THE  SAME  GREENHOUSE  GAS  EMISSION
REDUCTION, OVER THE SAME TIME PERIOD, AS DIRECT COMPLIANCE WITH A GREEN-
HOUSE  GAS  EMISSION  LIMIT OR EMISSION REDUCTION MEASURE ADOPTED BY THE
DEPARTMENT PURSUANT TO THIS ARTICLE.
  15. "STATEWIDE GREENHOUSE GAS EMISSIONS" MEANS THE TOTAL ANNUAL  EMIS-
SIONS  OF  GREENHOUSE GASES IN THE STATE, INCLUDING, BUT NOT LIMITED TO,
ALL EMISSIONS OF GREENHOUSE GASES FROM  THE  GENERATION  OF  ELECTRICITY
DELIVERED  TO  AND CONSUMED IN NEW YORK, ACCOUNTING FOR TRANSMISSION AND
DISTRIBUTION LINE LOSSES, WHETHER THE ELECTRICITY IS GENERATED IN  STATE
OR  IMPORTED.   STATEWIDE EMISSIONS SHALL BE EXPRESSED IN TONS OF CARBON
DIOXIDE EQUIVALENTS.
  16. "STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT" OR "STATEWIDE EMISSIONS
LIMIT" MEANS THE MAXIMUM ALLOWABLE LEVEL  OF  STATEWIDE  GREENHOUSE  GAS
EMISSIONS  IN A SPECIFIED YEAR, AS DETERMINED BY THE DEPARTMENT PURSUANT
TO THIS ARTICLE.
  17. "ENVIRONMENTAL JUSTICE ADVISORY GROUP" SHALL  MEAN  THE  PERMANENT
ENVIRONMENTAL  JUSTICE  ADVISORY  GROUP  ESTABLISHED BY A CHAPTER OF THE
LAWS OF TWO THOUSAND SIXTEEN AMENDING THE ENVIRONMENTAL CONSERVATION LAW

S. 8005                             6

RELATING TO ESTABLISHING  A  PERMANENT  ENVIRONMENTAL  JUSTICE  ADVISORY
GROUP  AND AN ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL, AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS S.1525  AND  A.3063,  RELATING  TO
ESTABLISHING  A  PERMANENT  ENVIRONMENTAL  JUSTICE ADVISORY GROUP AND AN
ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL.
S 75-0103. NEW YORK STATE CLIMATE ACTION COUNCIL.
  1. THERE IS HEREBY ESTABLISHED, WITHIN THE DEPARTMENT,  THE  NEW  YORK
STATE  CLIMATE  ACTION  COUNCIL  ("COUNCIL")  WHICH SHALL CONSIST OF THE
FOLLOWING TWENTY-THREE MEMBERS:
  A. THE COMMISSIONERS OF TRANSPORTATION, HEALTH, ECONOMIC  DEVELOPMENT,
AGRICULTURE   AND   MARKETS,  HOUSING  AND  COMMUNITY  RENEWAL,  GENERAL
SERVICES, LABOR, ENVIRONMENTAL CONSERVATION, HOMELAND SECURITY AND EMER-
GENCY SERVICES, THE SUPERINTENDENT OF FINANCIAL SERVICES, THE PRESIDENTS
OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT;  NEW  YORK  POWER
AUTHORITY;  LONG  ISLAND  POWER  AUTHORITY; NEW YORK POWER AUTHORITY AND
DORMITORY OF THE STATE OF NEW YORK, OR THEIR DESIGNEE.
  B. TWO MEMBERS APPOINTED BY THE GOVERNOR;
  C. TWO MEMBERS TO BE APPOINTED  BY  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE;
  D. TWO MEMBERS TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  E.  ONE  MEMBER  TO BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
AND
  F. ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
  2. THE AT LARGE MEMBERS SHALL INCLUDE AT ALL  TIMES  INDIVIDUALS  WITH
EXPERTISE  IN  ENVIRONMENTAL  ISSUES RELATED TO CLIMATE CHANGE, ENVIRON-
MENTAL JUSTICE, LABOR, AND REGULATED INDUSTRIES.
  3. COUNCIL MEMBERS SHALL RECEIVE NO COMPENSATION  FOR  THEIR  SERVICES
BUT  SHALL  BE  REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN
THE PERFORMANCE OF THEIR DUTIES.
  4. THE CHAIRPERSON OF THE COUNCIL SHALL BE THE COMMISSIONER  OF  ENVI-
RONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
  5. A MAJORITY OF THE MEMBERS OF THE COUNCIL SHALL CONSTITUTE A QUORUM.
  6. ANY VACANCIES ON THE COUNCIL SHALL BE FILLED IN THE MANNER PROVIDED
FOR IN THE INITIAL APPOINTMENT.
  7.  THE  COUNCIL  SHALL  BE  AUTHORIZED  TO CONVENE ADVISORY PANELS TO
ASSIST OR ADVISE IT IN AREAS REQUIRING SPECIAL EXPERTISE OR KNOWLEDGE.
  8. THE DEPARTMENT SHALL PROVIDE  THE  COUNCIL  WITH  SUCH  FACILITIES,
ASSISTANCE  AND  DATA AS WILL ENABLE THE COUNCIL TO CARRY OUT ITS POWERS
AND DUTIES. ADDITIONALLY, ALL OTHER AGENCIES OF THE  STATE  OR  SUBDIVI-
SIONS  THEREOF MAY, AT THE REQUEST OF THE CHAIRPERSON, PROVIDE THE COUN-
CIL WITH SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE THE  COUN-
CIL TO CARRY OUT ITS POWERS AND DUTIES.
  9.  THE COUNCIL SHALL CONSULT WITH THE DISADVANTAGED COMMUNITIES WORK-
ING GROUP ESTABLISHED IN SECTION 75-0113 OF THIS ARTICLE, THE DEPARTMENT
OF STATE UTILITY INTERVENTION UNIT, AND THE FEDERALLY  DESIGNATED  ELEC-
TRIC BULK SYSTEM OPERATOR.
  10. THE COUNCIL SHALL ADVISE THE DEPARTMENT ON:
  A.  THE  DEVELOPMENT OF STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT RULES
AND REGULATIONS, PURSUANT  TO  SECTION  75-0107  OF  THIS  ARTICLE,  AND
REDUCED  GREENHOUSE  GAS  EMISSIONS  REGULATIONS,  PURSUANT  TO  SECTION
75-0111 OF THIS ARTICLE.
  B. THE PREPARATION OF A SCOPING PLAN FOR REDUCING GREENHOUSE GAS EMIS-
SIONS, PURSUANT TO THE PROCEDURES SET FORTH IN SECTION 75-0109  OF  THIS
ARTICLE.
S 75-0105. GREENHOUSE GAS REPORTING.

S. 8005                             7

  1.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
THE DEPARTMENT SHALL, AFTER AT LEAST  TWO  PUBLIC  HEARINGS,  PROMULGATE
RULES  AND REGULATIONS REQUIRING ANNUAL GREENHOUSE GAS EMISSIONS REPORT-
ING FROM MAJOR GREENHOUSE GAS EMISSION SOURCES. THE REGULATIONS SHALL:
  A.  ESTABLISH A GREENHOUSE GAS EMISSIONS REGISTRY AND REPORTING SYSTEM
FOR GREENHOUSE GAS EMISSION SOURCES, WHICH INCLUDES GREENHOUSE GAS EMIS-
SIONS FROM ALL MAJOR GREENHOUSE GAS EMISSION SOURCES, EXPRESSED IN  TONS
OF CARBON DIOXIDE EQUIVALENTS;
  B.  ACCOUNT  FOR  BOTH  DIRECT  AND INDIRECT GREENHOUSE GAS EMISSIONS,
INCLUDING EMISSIONS FROM ALL ELECTRICITY CONSUMED IN THE STATE,  REGARD-
LESS  OF  WHETHER  SUCH  ELECTRICITY  WAS  GENERATED WITHIN THE STATE OR
IMPORTED FROM OUTSIDE THE STATE, AND  ACCOUNTING  FOR  TRANSMISSION  AND
DISTRIBUTION LINE LOSSES;
  C.  ENSURE RIGOROUS AND CONSISTENT ACCOUNTING OF EMISSIONS AND PROVIDE
REPORTING TOOLS AND FORMATS TO ENSURE COLLECTION OF NECESSARY DATA; AND
  D. ENSURE THAT GREENHOUSE GAS EMISSION SOURCES MAINTAIN  COMPREHENSIVE
RECORDS  OF  ANY  GREENHOUSE  GAS  EMISSIONS  REPORTED FOR AT LEAST FIVE
YEARS.
  2. THE DEPARTMENT SHALL:
  A. REVIEW AND UPDATE EMISSION REPORTING REQUIREMENTS  AT  LEAST  EVERY
FIVE YEARS;
  B.  MAKE REASONABLE EFFORTS TO MAKE ITS REPORTING REGULATIONS CONSIST-
ENT WITH INTERNATIONAL, FEDERAL, AND OTHER STATES' GREENHOUSE GAS  EMIS-
SIONS REPORTING PROGRAMS; AND
  C.  PROVIDE  COMPLIANCE ASSISTANCE TO SMALL BUSINESSES PURSUANT TO THE
PROVISIONS OF SECTIONS 19-0313 AND 19-0315 OF THIS CHAPTER.
  3. NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF  THIS  ARTICLE,
AND EACH YEAR THEREAFTER, THE DEPARTMENT SHALL ISSUE A REPORT ON:
  A.  THE  ANNUAL GREENHOUSE GAS EMISSIONS FROM ALL MAJOR GREENHOUSE GAS
EMISSION SOURCES, INCLUDING THE  RELATIVE  CONTRIBUTION  OF  EACH  MAJOR
GREENHOUSE  GAS  EMISSION  SOURCE  TO THE STATEWIDE GREENHOUSE GAS EMIS-
SIONS; AND
  B. THE PROGRESS MADE BY THE DEPARTMENT IN ACHIEVING  THE  REQUIREMENTS
OF THIS SECTION.
S 75-0107. STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS.
  1.  NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
THE DEPARTMENT SHALL DETERMINE WHAT THE STATEWIDE GREENHOUSE  GAS  EMIS-
SIONS  LEVEL WAS IN 1990, AND, PURSUANT TO RULES AND REGULATIONS PROMUL-
GATED AFTER AT LEAST ONE PUBLIC HEARING, ESTABLISH  A  STATEWIDE  GREEN-
HOUSE  GAS  EMISSIONS  LIMIT  AS A PERCENTAGE OF 1990 EMISSIONS, FOR THE
FOLLOWING YEARS AS FOLLOWS:
  A. 2020: 100% OF 1990 EMISSIONS.
  B. 2025: 75% OF 1990 EMISSIONS.
  C. 2030: 50% OF 1990 EMISSIONS.
  D. 2035: 40% OF 1990 EMISSIONS.
  E. 2040: 30% OF 1990 EMISSIONS.
  F. 2045: 20% OF 1990 EMISSIONS.
  G. 2050: 0% OF 1990 EMISSIONS.
  2. IN ORDER TO ENSURE THE MOST ACCURATE  DETERMINATION  FEASIBLE,  THE
DEPARTMENT  SHALL  UTILIZE THE BEST AVAILABLE SCIENTIFIC, TECHNOLOGICAL,
AND ECONOMIC INFORMATION ON GREENHOUSE GAS EMISSIONS  AND  CONSULT  WITH
THE  COUNCIL,  STAKEHOLDERS,  AND THE PUBLIC IN ORDER TO ENSURE THAT ALL
EMISSIONS ARE ACCURATELY REFLECTED IN ITS DETERMINATION  OF  1990  EMIS-
SIONS LEVELS.
S 75-0109. SCOPING   PLAN   FOR   STATEWIDE   GREENHOUSE  GAS  EMISSIONS
             REDUCTIONS.

S. 8005                             8

  1. ON OR BEFORE TWO YEARS OF THE EFFECTIVE DATE OF THIS  ARTICLE,  THE
DEPARTMENT  SHALL  PREPARE  AND  APPROVE  A  SCOPING  PLAN OUTLINING THE
DEPARTMENT'S RECOMMENDATIONS FOR ATTAINING THE STATEWIDE GREENHOUSE  GAS
EMISSIONS  LIMITS IN ACCORDANCE WITH THE SCHEDULE ESTABLISHED IN SECTION
75-0107 OF THIS ARTICLE.
  2.  THE DRAFT SCOPING PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE
COUNCIL, ENVIRONMENTAL JUSTICE ADVISORY  GROUP,  AND  THE  DISADVANTAGED
COMMUNITIES  WORKING  GROUP  ESTABLISHED  PURSUANT TO SECTION 75-0113 OF
THIS ARTICLE AND OTHER STAKEHOLDERS.
  A. THE DEPARTMENT AND THE COUNCIL SHALL HOLD  AT  LEAST  SIX  REGIONAL
PUBLIC COMMENT HEARINGS ON THE DRAFT SCOPING PLAN, INCLUDING THREE MEET-
INGS  IN  THE UPSTATE REGION AND THREE MEETINGS IN THE DOWNSTATE REGION,
AND SHALL ALLOW AT LEAST ONE HUNDRED TWENTY DAYS FOR THE  SUBMISSION  OF
PUBLIC COMMENT.
  B.  THE  DEPARTMENT  SHALL PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC
COMMENT FROM ALL PERSONS WHO WILL BE IMPACTED  BY  THE  PLAN,  INCLUDING
PERSONS  LIVING  IN  DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSUANT TO
SECTION 75-0113 OF THIS ARTICLE.
  C. ON OR BEFORE THIRTY MONTHS OF THE EFFECTIVE DATE OF  THIS  ARTICLE,
THE  DEPARTMENT SHALL SUBMIT THE FINAL SCOPING PLAN TO THE GOVERNOR, THE
SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF  THE  SENATE  AND
POST SUCH PLAN ON ITS WEBSITE.
  3. THE SCOPING PLAN SHALL IDENTIFY AND MAKE RECOMMENDATIONS ON REGULA-
TORY MEASURES AND OTHER STATE ACTIONS THAT WILL ENSURE THE ATTAINMENT OF
THE  STATEWIDE  GREENHOUSE  GAS EMISSIONS LIMITS ESTABLISHED PURSUANT TO
SECTION 75-0107 OF THIS ARTICLE. THE MEASURES AND ACTIONS CONSIDERED  IN
SUCH SCOPING PLAN SHALL AT A MINIMUM INCLUDE:
  A.  PERFORMANCE-BASED  STANDARDS  FOR  SOURCES OF GREENHOUSE GAS EMIS-
SIONS, INCLUDING BUT NOT  LIMITED  TO  SOURCES  IN  THE  TRANSPORTATION,
BUILDING, INDUSTRIAL, COMMERCIAL, AND AGRICULTURAL SECTORS.
  B.  MARKET-BASED  MECHANISMS  TO REDUCE STATEWIDE GREENHOUSE GAS EMIS-
SIONS OR EMISSIONS FROM A PARTICULAR SOURCE CATEGORY, INCLUDING AN EXAM-
INATION OF: THE IMPOSITION OF FEES PER UNIT OF CARBON DIOXIDE EQUIVALENT
EMITTED AND THE IMPOSITION OF EMISSIONS CAPS ACCOMPANIED BY A SYSTEM  OF
TRADABLE EMISSION ALLOWANCES.
  C.  MEASURES  TO  REDUCE  EMISSIONS  FROM  THE  ELECTRICITY  SECTOR BY
DISPLACING FOSSIL-FUEL FIRED ELECTRICITY WITH RENEWABLE  ELECTRICITY  OR
ENERGY EFFICIENCY.
  D.  LAND-USE  AND  TRANSPORTATION  PLANNING MEASURES AIMED AT REDUCING
GREENHOUSE GAS EMISSIONS FROM MOTOR VEHICLES.
  E. MEASURES TO ACHIEVE LONG-TERM CARBON SEQUESTRATION  AND/OR  PROMOTE
BEST MANAGEMENT PRACTICES IN LAND USE, AGRICULTURE AND FORESTRY.
  F. VERIFIABLE, ENFORCEABLE AND VOLUNTARY EMISSIONS REDUCTION MEASURES.
  4. IN DEVELOPING SUCH PLAN THE DEPARTMENT SHALL:
  A.  CONSIDER  ALL  RELEVANT  INFORMATION  PERTAINING TO GREENHOUSE GAS
EMISSIONS REDUCTION PROGRAMS IN OTHER STATES, REGIONS,  LOCALITIES,  AND
NATIONS.
  B.  EVALUATE, USING THE BEST AVAILABLE ECONOMIC MODELS, EMISSION ESTI-
MATION TECHNIQUES AND OTHER  SCIENTIFIC  METHODS,  THE  TOTAL  POTENTIAL
COSTS  AND  POTENTIAL ECONOMIC AND NON-ECONOMIC BENEFITS OF THE PLAN FOR
REDUCING GREENHOUSE GASES, AND MAKE SUCH EVALUATION PUBLICLY  AVAILABLE.
IN CONDUCTING THIS EVALUATION, THE DEPARTMENT SHALL QUANTIFY:
  I.  THE  ECONOMIC  AND  SOCIAL  BENEFITS  OF  GREENHOUSE GAS EMISSIONS
REDUCTIONS, TAKING INTO ACCOUNT THE FEDERAL SOCIAL COST OF  CARBON,  ANY
OTHER  TOOLS  THAT  THE  DEPARTMENT  DEEMS USEFUL AND PERTINENT FOR THIS
ANALYSIS, AND ANY ENVIRONMENTAL, ECONOMIC AND PUBLIC HEALTH  CO-BENEFITS

S. 8005                             9

(SUCH AS THE REDUCTION OF CO-POLLUTANTS AND THE DIVERSIFICATION OF ENER-
GY SOURCES); AND
  II.  THE  COSTS OF IMPLEMENTING PROPOSED EMISSIONS REDUCTION MEASURES,
AND THE EMISSIONS REDUCTIONS THAT THE DEPARTMENT  ANTICIPATES  ACHIEVING
THROUGH THESE MEASURES.
  C.  TAKE  INTO  ACCOUNT  THE  RELATIVE  CONTRIBUTION OF EACH SOURCE OR
SOURCE CATEGORY TO STATEWIDE GREENHOUSE GAS EMISSIONS, AND THE POTENTIAL
FOR ADVERSE EFFECTS ON SMALL BUSINESSES,  AND  RECOMMEND  A  DE  MINIMIS
THRESHOLD  OF  GREENHOUSE  GAS  EMISSIONS BELOW WHICH EMISSION REDUCTION
REQUIREMENTS WILL NOT APPLY.
  D. IDENTIFY MEASURES TO MAXIMIZE REDUCTIONS  OF  BOTH  GREENHOUSE  GAS
EMISSIONS  AND  CO-POLLUTANTS IN DISADVANTAGED COMMUNITIES AS IDENTIFIED
PURSUANT TO SECTION 75-0113 OF THIS ARTICLE.
  5. THE DEPARTMENT SHALL UPDATE ITS PLAN FOR  ACHIEVING  THE  STATEWIDE
GREENHOUSE GAS EMISSIONS LIMITS AT LEAST ONCE EVERY FIVE YEARS AND SHALL
MAKE SUCH UPDATES AVAILABLE TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY
AND  THE  TEMPORARY PRESIDENT OF THE SENATE AND POST SUCH UPDATES ON ITS
WEBSITE.
S 75-0111. PROMULGATION OF REGULATIONS TO ACHIEVE  STATEWIDE  GREENHOUSE
             GAS EMISSIONS REDUCTIONS.
  1. NO LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
THE  DEPARTMENT,  AFTER PUBLIC WORKSHOPS AND CONSULTATION WITH THE COUN-
CIL, THE ENVIRONMENTAL JUSTICE ADVISORY  GROUP,  AND  THE  DISADVANTAGED
COMMUNITIES  WORKING  GROUP  ESTABLISHED  PURSUANT TO SECTION 75-0113 OF
THIS ARTICLE, REPRESENTATIVES OF REGULATED ENTITIES, COMMUNITY ORGANIZA-
TIONS, ENVIRONMENTAL GROUPS, HEALTH PROFESSIONALS, LABOR UNIONS, MUNICI-
PAL CORPORATIONS, TRADE  ASSOCIATIONS  AND  OTHER  STAKEHOLDERS,  SHALL,
AFTER NO LESS THAN TWO PUBLIC HEARINGS, PROMULGATE RULES AND REGULATIONS
TO ENSURE COMPLIANCE WITH THE STATEWIDE EMISSIONS REDUCTION LIMITS.
  2.  THE  REGULATIONS  PROMULGATED  BY  THE DEPARTMENT PURSUANT TO THIS
SECTION SHALL:
  A. ENSURE THAT THE AGGREGATE EMISSIONS OF GREENHOUSE GASES FROM  MAJOR
AND MINOR SOURCES WILL NOT EXCEED THE STATEWIDE GREENHOUSE GAS EMISSIONS
LIMITS ESTABLISHED IN SECTION 75-0107 OF THIS ARTICLE.
  B.  INCLUDE  LEGALLY  ENFORCEABLE EMISSIONS LIMITS, PERFORMANCE STAND-
ARDS, OR OTHER REQUIREMENTS TO CONTROL EMISSIONS FROM MAJOR SOURCES.
  C. INCLUDE MEASURES TO REDUCE EMISSIONS FROM MINOR SOURCES THAT HAVE A
CUMULATIVELY SIGNIFICANT IMPACT ON STATEWIDE GREENHOUSE  GAS  EMISSIONS,
SUCH  AS  MOTOR VEHICLES AND ELECTRIC GENERATING FACILITIES OF LESS THAN
25 MEGAWATTS.
  3. IN PROMULGATING THESE REGULATIONS, THE DEPARTMENT SHALL:
  A. DESIGN AND IMPLEMENT ALL REGULATIONS IN A MANNER THAT SEEKS  TO  BE
EQUITABLE,  TO  MINIMIZE COSTS AND TO MAXIMIZE THE TOTAL BENEFITS TO NEW
YORK, AND ENCOURAGES EARLY ACTION TO REDUCE GREENHOUSE GAS EMISSIONS.
  B. ENSURE THAT GREENHOUSE GAS EMISSIONS REDUCTIONS ACHIEVED ARE  REAL,
PERMANENT, QUANTIFIABLE, VERIFIABLE, AND ENFORCEABLE BY THE DEPARTMENT.
  C. ENSURE THAT ACTIVITIES UNDERTAKEN TO COMPLY WITH THE REGULATIONS DO
NOT  RESULT  IN  A  NET  INCREASE IN CO-POLLUTANT EMISSIONS OR OTHERWISE
DISPROPORTIONATELY BURDEN DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSU-
ANT TO SECTION 75-0113 OF THIS ARTICLE.
  D. PRIORITIZE MEASURES TO MAXIMIZE NET REDUCTIONS  OF  GREENHOUSE  GAS
EMISSIONS  AND  CO-POLLUTANTS IN DISADVANTAGED COMMUNITIES AS IDENTIFIED
PURSUANT TO SECTION 75-0113 OF THIS ARTICLE AND ENCOURAGE  EARLY  ACTION
TO REDUCE GREENHOUSE GAS EMISSIONS AND CO-POLLUTANTS.
  E. MINIMIZE LEAKAGE.
  4. MARKET-BASED COMPLIANCE MECHANISMS.

S. 8005                            10

  A.  THE  DEPARTMENT MAY, WITH THE APPROVAL OF THE LEGISLATURE, INCLUDE
IN THE REGULATIONS PROVISIONS FOR THE  USE  OF  MARKET-BASED  COMPLIANCE
MECHANISMS TO COMPLY WITH THE REGULATIONS.
  B.  PRIOR TO THE INCLUSION OF ANY MARKET-BASED COMPLIANCE MECHANISM IN
THE REGULATIONS, TO THE  EXTENT  FEASIBLE  AND  IN  THE  FURTHERANCE  OF
ACHIEVING  THE  STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT, THE DEPARTMENT
SHALL DO ALL OF THE FOLLOWING:
  I. CONSIDER THE POTENTIAL FOR DIRECT, INDIRECT, AND  CUMULATIVE  EMIS-
SION  IMPACTS  FROM  THESE  MECHANISMS,  INCLUDING  LOCALIZED IMPACTS IN
DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSUANT TO SECTION  75-0113  OF
THIS ARTICLE;
  II.  DESIGN  ANY  MARKET-BASED  COMPLIANCE  MECHANISM  TO  PREVENT ANY
INCREASE IN THE EMISSIONS OF TOXIC AIR  CONTAMINANTS  OR  CO-POLLUTANTS;
AND
  III.  MAXIMIZE  ADDITIONAL  ENVIRONMENTAL, PUBLIC HEALTH, AND ECONOMIC
BENEFITS FOR THE STATE OF NEW YORK  AND  FOR  DISADVANTAGED  COMMUNITIES
IDENTIFIED PURSUANT TO SECTION 75-0113 OF THIS ARTICLE, AS APPROPRIATE.
  C.   SUCH   REGULATIONS   SHALL   INCLUDE   PROVISIONS  GOVERNING  HOW
MARKET-BASED COMPLIANCE MECHANISMS MAY BE  USED  BY  REGULATED  ENTITIES
SUBJECT  TO  GREENHOUSE  GAS  EMISSIONS  LIMITS  AND  MANDATORY EMISSION
REPORTING REQUIREMENTS TO ACHIEVE COMPLIANCE WITH THEIR  GREENHOUSE  GAS
EMISSIONS LIMITS.
  D.  THE  DEPARTMENT  SHALL  ENSURE  THAT  FORTY  PERCENT  OF ANY FUNDS
COLLECTED PURSUANT TO ANY MARKET-BASED COMPLIANCE REGULATIONS PROMULGAT-
ED UNDER THIS SECTION AS A  RESULT  OF  LEGISLATIVE  AUTHORIZATION,  AND
FUNDS AUTHORIZED BY THE PUBLIC SERVICE COMMISSION TO BE COLLECTED SOLELY
FOR  AND  DIRECTED TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY ARE INVESTED IN A  MANNER  WHICH  WILL  BENEFIT  DISADVANTAGED
COMMUNITIES,  IDENTIFIED  PURSUANT  TO  SECTION 75-0113 OF THIS ARTICLE,
CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, INCLUDING, BUT NOT LIMITED
TO, INCREASED ACCESS TO RENEWABLE ENERGY, ENERGY EFFICIENCY, WEATHERIZA-
TION, ZERO- AND LOW-EMISSION  TRANSPORTATION,  AND  ADAPTATION  OPPORTU-
NITIES.  THE DEPARTMENT SHALL CONSULT WITH THE DISADVANTAGED COMMUNITIES
WORKING GROUP IN DEVELOPING AND CARRYING OUT SUCH INVESTMENTS.
S 75-0113. DISADVANTAGED COMMUNITIES WORKING GROUP.
  1.  THERE  IS  HEREBY CREATED WITHIN THE DEPARTMENT, NO LATER THAN SIX
MONTHS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, A "DISADVANTAGED COMMU-
NITIES WORKING GROUP." SUCH WORKING GROUP WILL BE COMPRISED OF REPRESEN-
TATIVES FROM: ENVIRONMENTAL JUSTICE  COMMUNITIES,  THE  DEPARTMENT,  THE
DEPARTMENT OF HEALTH AND THE DEPARTMENT OF LABOR.
  A. ENVIRONMENTAL JUSTICE COMMUNITY REPRESENTATIVES SHALL BE MEMBERS OF
COMMUNITIES  OF  COLOR,  LOW-INCOME COMMUNITIES, AND COMMUNITIES BEARING
DISPROPORTIONATE POLLUTION AND  CLIMATE  CHANGE  BURDENS,  OR  SHALL  BE
REPRESENTATIVES  OF  COMMUNITY-BASED ORGANIZATIONS WITH EXPERIENCE AND A
HISTORY OF ADVOCACY ON ENVIRONMENTAL JUSTICE ISSUES, AND  SHALL  INCLUDE
AT  LEAST  THREE  REPRESENTATIVES  FROM NEW YORK CITY COMMUNITIES, THREE
REPRESENTATIVES FROM RURAL COMMUNITIES, AND THREE  REPRESENTATIVES  FROM
UPSTATE URBAN COMMUNITIES.
  B.  THE WORKING GROUP, IN COOPERATION WITH THE DEPARTMENT, THE DEPART-
MENTS OF HEALTH AND LABOR, AND THE ENVIRONMENTAL JUSTICE ADVISORY GROUP,
WILL ESTABLISH CRITERIA TO IDENTIFY DISADVANTAGED  COMMUNITIES  FOR  THE
PURPOSES   OF   CO-POLLUTANT   REDUCTIONS,   GREENHOUSE   GAS  EMISSIONS
REDUCTIONS, REGULATORY IMPACT STATEMENTS, AND THE ALLOCATION OF  INVEST-
MENTS RELATED TO THIS ARTICLE.

S. 8005                            11

  C.  DISADVANTAGED COMMUNITIES SHALL BE IDENTIFIED BASED ON GEOGRAPHIC,
PUBLIC HEALTH, ENVIRONMENTAL HAZARD, AND SOCIOECONOMIC  CRITERIA,  WHICH
SHALL INCLUDE BUT ARE NOT LIMITED TO:
  (1)  AREAS  BURDENED  BY  CUMULATIVE ENVIRONMENTAL POLLUTION AND OTHER
HAZARDS THAT CAN LEAD TO NEGATIVE PUBLIC HEALTH EFFECTS;
  (2) AREAS WITH CONCENTRATIONS OF PEOPLE THAT ARE OF LOW  INCOME,  HIGH
UNEMPLOYMENT, HIGH RENT BURDEN, LOW LEVELS OF HOME OWNERSHIP, LOW LEVELS
OF  EDUCATIONAL  ATTAINMENT, OR MEMBERS OF GROUPS THAT HAVE HISTORICALLY
EXPERIENCED DISCRIMINATION ON THE BASIS OF RACE OR ETHNICITY; AND
  (3) AREAS VULNERABLE TO THE IMPACTS OF CLIMATE CHANGE SUCH  AS  FLOOD-
ING, STORM SURGES, AND URBAN HEAT ISLAND EFFECTS.
  2. BEFORE FINALIZING THE CRITERIA FOR IDENTIFYING DISADVANTAGED COMMU-
NITIES AND IDENTIFYING DISADVANTAGED COMMUNITIES PURSUANT TO SUBDIVISION
ONE  OF  THIS SECTION, THE DEPARTMENT SHALL PUBLISH DRAFT CRITERIA AND A
DRAFT LIST OF DISADVANTAGED COMMUNITIES AND MAKE SUCH INFORMATION AVAIL-
ABLE ON ITS WEBSITE.
  A. THE DEPARTMENT SHALL HOLD AT LEAST SIX REGIONAL PUBLIC HEARINGS  ON
THE  DRAFT  CRITERIA  AND  THE  DRAFT LIST OF DISADVANTAGED COMMUNITIES,
INCLUDING THREE MEETINGS IN THE UPSTATE REGION AND THREE MEETINGS IN THE
DOWNSTATE REGION, AND SHALL ALLOW AT LEAST ONE HUNDRED TWENTY  DAYS  FOR
THE SUBMISSION OF PUBLIC COMMENT.
  B. THE DEPARTMENT SHALL ALSO ENSURE THAT THERE ARE MEANINGFUL OPPORTU-
NITIES  FOR  PUBLIC  COMMENT FOR ALL PERSONS WHO WILL BE IMPACTED BY THE
CRITERIA, INCLUDING PERSONS LIVING IN AREAS THAT MAY  BE  IDENTIFIED  AS
DISADVANTAGED COMMUNITIES UNDER THE PROPOSED CRITERIA.
  3.  THE  GROUP  WILL MEET NO LESS THAN ANNUALLY TO REVIEW THE CRITERIA
AND METHODS USED TO IDENTIFY DISADVANTAGED COMMUNITIES  AND  MAY  MODIFY
SUCH METHODS TO INCORPORATE NEW DATA AND SCIENTIFIC FINDINGS. THE DISAD-
VANTAGED  COMMUNITIES WORKING GROUP SHALL REVIEW IDENTITIES OF DISADVAN-
TAGED COMMUNITIES AND MODIFY SUCH IDENTITIES AS NEEDED.
S 75-0115. IMPLEMENTATION REPORTING.
  1. THE DEPARTMENT SHALL, NOT LESS THAN EVERY  FOUR  YEARS,  PUBLISH  A
REPORT  WHICH SHALL INCLUDE RECOMMENDATIONS REGARDING THE IMPLEMENTATION
OF GREENHOUSE GAS REDUCTION MEASURES.
  2. THE REPORT SHALL, AT MINIMUM, INCLUDE:
  A. WHETHER THE STATE IS ON TRACK TO MEET THE STATEWIDE GREENHOUSE  GAS
EMISSIONS LIMITS ESTABLISHED IN SECTION 75-0107 OF THIS ARTICLE.
  B. AN ASSESSMENT OF EXISTING REGULATIONS AND WHETHER MODIFICATIONS ARE
NEEDED  TO  ENSURE FULFILLMENT OF THE STATEWIDE GREENHOUSE GAS EMISSIONS
LIMITS.
  C. AN OVERVIEW OF SOCIAL BENEFITS FROM THE REGULATIONS OR OTHER  MEAS-
URES, INCLUDING REDUCTIONS IN GREENHOUSE GAS EMISSIONS AND COPOLLUTANTS,
DIVERSIFICATION  OF  ENERGY  SOURCES, AND OTHER BENEFITS TO THE ECONOMY,
ENVIRONMENT, AND PUBLIC HEALTH, INCLUDING WOMEN'S HEALTH.
  D. AN OVERVIEW OF COMPLIANCE COSTS FOR REGULATED ENTITIES AND FOR  THE
DEPARTMENT AND OTHER STATE AGENCIES.
  E.  WHETHER  REGULATIONS  OR  OTHER  GREENHOUSE GAS REDUCTION MEASURES
UNDERTAKEN ARE EQUITABLE, MINIMIZE COSTS AND MAXIMIZE THE TOTAL BENEFITS
TO THE STATE, AND ENCOURAGE EARLY ACTION.
  F. WHETHER ACTIVITIES UNDERTAKEN  TO  COMPLY  WITH  STATE  REGULATIONS
DISPROPORTIONATELY BURDEN DISADVANTAGED COMMUNITIES AS IDENTIFIED PURSU-
ANT TO SECTION 75-0113 OF THIS ARTICLE.
  G.  AN  ASSESSMENT  OF LOCAL BENEFITS AND IMPACTS OF ANY REDUCTIONS IN
COPOLLUTANTS RELATED TO REDUCTIONS IN STATEWIDE AND LOCAL GREENHOUSE GAS
EMISSIONS.

S. 8005                            12

  H. AN ASSESSMENT OF DISADVANTAGED COMMUNITIES' ACCESS TO OR  COMMUNITY
OWNERSHIP OF THE SERVICES AND COMMODITIES IDENTIFIED IN SECTION EIGHT OF
THE  CHAPTER  OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH ADDED THIS ARTI-
CLE.
  I. WHETHER ENTITIES THAT HAVE VOLUNTARILY REDUCED THEIR GREENHOUSE GAS
EMISSIONS  PRIOR TO THE IMPLEMENTATION OF THIS ARTICLE RECEIVE APPROPRI-
ATE CREDIT FOR EARLY VOLUNTARY REDUCTIONS.
  J. RECOMMENDATIONS FOR FUTURE REGULATORY AND POLICY ACTION.
  3. IN PREPARING THIS REPORT,  THE  DEPARTMENT  SHALL,  AT  A  MINIMUM,
CONSULT  WITH  THE  COUNCIL,  AND THE DISADVANTAGED COMMUNITY WORK GROUP
ESTABLISHED IN SECTION 75-0113 OF THIS ARTICLE.
  4. THE REPORT SHALL  BE  PUBLISHED  AND  POSTED  ON  THE  DEPARTMENT'S
WEBSITE.
  S  3.  Subdivision 1 of section 54-1523 of the environmental conserva-
tion law is amended by adding a new paragraph h to read as follows:
  H. TO  ESTABLISH  AND  IMPLEMENT  EASILY-REPLICATED  RENEWABLE  ENERGY
PROJECTS, INCLUDING SOLAR ARRAYS, HEAT PUMPS AND WIND TURBINES IN PUBLIC
LOW-INCOME HOUSING IN SUBURBAN, URBAN AND RURAL AREAS.
  S 4. The public service law is amended by adding a new section 66-o to
read as follows:
  S  66-O.  ESTABLISHMENT  OF A RENEWABLE ENERGY PROGRAM.  1. AS USED IN
THIS SECTION:
  (A) "ELECTRIC DISTRIBUTION COMPANY" MEANS  AN  INVESTOR-OWNED  UTILITY
THAT DISTRIBUTES ELECTRICITY WITHIN THIS STATE;
  (B)  "PREVAILING  RATE  OF  WAGES" SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED IN PARAGRAPH  A  OF  SUBDIVISION  FIVE  OF  SECTION  TWO
HUNDRED TWENTY OF THE LABOR LAW; AND
  (C) "RENEWABLE ENERGY SYSTEMS" MEANS SYSTEMS THAT GENERATE ELECTRICITY
OR THERMAL ENERGY THROUGH USE OF THE FOLLOWING TECHNOLOGIES: SOLAR THER-
MAL, PHOTOVOLTAICS, WIND, HYDROELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL
GROUND  SOURCE  HEAT, TIDAL ENERGY, WAVE ENERGY, OCEAN THERMAL, OFFSHORE
WIND AND FUEL CELLS WHICH DO NOT UTILIZE A FOSSIL FUEL RESOURCE  IN  THE
PROCESS OF GENERATING ELECTRICITY.
  2. NO LATER THAN JANUARY FIRST, TWO THOUSAND SEVENTEEN, THE COMMISSION
SHALL  ESTABLISH A PROGRAM TO REQUIRE THAT A MINIMUM OF FIFTY PERCENT OF
THE STATEWIDE ELECTRIC CAPACITY SERVED BY ELECTRIC  DISTRIBUTION  COMPA-
NIES  REGULATED BY THE COMMISSION IN TWO THOUSAND THIRTY SHALL BE GENER-
ATED BY RENEWABLE ENERGY SYSTEMS.
  (A) THE  PROGRAM  SHALL  ACHIEVE  THE  FOLLOWING  INCREMENTAL  MINIMUM
PERCENTAGE  CAPACITY LEVELS OF RENEWABLE ENERGY SYSTEMS WITHIN THE AREAS
SERVED BY THE ELECTRIC DISTRIBUTION COMPANIES REGULATED BY  THE  COMMIS-
SION:
  (I) TWENTY-SEVEN PERCENT BY TWO THOUSAND SEVENTEEN;
  (II) THIRTY PERCENT BY TWO THOUSAND TWENTY;
  (III) FORTY PERCENT BY TWO THOUSAND TWENTY-FIVE; AND
  (IV) FIFTY PERCENT BY TWO THOUSAND THIRTY.
  (B)  THE  MINIMUM  PERCENTAGE  CAPACITY LEVELS ESTABLISHED PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION  SHALL  BE  ACHIEVED  THROUGH  MINIMUM
PROPORTIONAL  OBLIGATIONS ON EACH ELECTRIC DISTRIBUTION COMPANY BASED ON
THE TOTAL ANNUAL KILOWATT HOURS DISTRIBUTED AS DETERMINED BY THE COMMIS-
SION, PROVIDED THAT THE COMMISSION  MAY  REQUIRE  ELECTRIC  DISTRIBUTION
CORPORATIONS TO ACHIEVE DIFFERENT PROPORTIONAL SHARES.
  (C)  THE  PROGRAM  ESTABLISHED BY THE COMMISSION SHALL BE DESIGNED TO:
(I) BE COST-EFFECTIVE; (II) ENCOURAGE THE DEPLOYMENT OF RENEWABLE ENERGY
SYSTEMS AT THE BULK ELECTRIC SYSTEM LEVEL  AND  BEHIND-THE-METER;  (III)
ALLOW  FOR  DIVERSITY  IN  THE SIZE AND GEOGRAPHIC LOCATION OF RENEWABLE

S. 8005                            13

ENERGY SYSTEMS; (IV) ENABLE THE PARTICIPATION OF RESIDENTIAL AND NON-RE-
SIDENTIAL CUSTOMERS, INCLUDING SPECIAL CONSIDERATION TO  LOW-TO-MODERATE
INCOME CUSTOMERS; (V) ENSURE THAT RENEWABLE ENERGY SYSTEMS WILL BE STRA-
TEGICALLY  LOCATED  TO  MINIMIZE  PEAK  LOAD  IN CONSTRAINED AREAS; (VI)
SUPPORT ELECTRIC SYSTEM RELIABILITY AND SECURITY; AND (VII) ACHIEVE  ANY
OTHER OBJECTIVES THE COMMISSION MAY ESTABLISH.
  (D)  IN  DEVELOPING  INCENTIVES  FOR THE PROGRAM, THE COMMISSION SHALL
CONSIDER THE VALUE OF RENEWABLE ENERGY  SYSTEM  COMPONENTS  MANUFACTURED
AND  ASSEMBLED  WITHIN  THE  STATE  AND  ANY OTHER CONSIDERATIONS DEEMED
APPROPRIATE BY THE COMMISSION.
  (E) THE COMMISSION SHALL ORDER EACH ELECTRIC DISTRIBUTION  COMPANY  TO
FILE  A  PROGRAM  PLAN  BY  JUNE  FIRST, TWO THOUSAND SEVENTEEN, FOR THE
PURPOSE OF FULFILLING  ITS  OBLIGATIONS  ESTABLISHED  PURSUANT  TO  THIS
SUBDIVISION.  THE COMMISSION SHALL APPROVE EACH SUCH PLAN, OR MAY MODIFY
IT AS IT DEEMS APPROPRIATE, IF THE COMMISSION FINDS THAT THE PLAN  WOULD
RESULT  IN  ACHIEVEMENT  OF  THE COMPANY'S OBLIGATIONS, ENHANCES PROGRAM
EFFICIENCY, AND MAXIMIZES RATEPAYER VALUE. NOTHING IN THIS SECTION SHALL
BE CONSTRUED AS LIMITING THE ELECTRIC DISTRIBUTION COMPANIES' ABILITY TO
PROPOSE, OR THE COMMISSION'S ABILITY TO APPROVE, A  JOINT  PROGRAM  PLAN
FOR ONE OR MORE ELECTRIC DISTRIBUTION COMPANIES.
  3.  NO  LATER  THAN  JULY  FIRST, TWO THOUSAND EIGHTEEN, AND EVERY TWO
YEARS THEREAFTER, THE COMMISSION SHALL, AFTER NOTICE AND  PROVISION  FOR
THE  OPPORTUNITY TO COMMENT, ISSUE A COMPREHENSIVE REVIEW OF THE PROGRAM
ESTABLISHED PURSUANT TO THIS SECTION. THE  COMMISSION  SHALL  DETERMINE,
AMONG  OTHER MATTERS: (A) PROGRESS OF EACH ELECTRIC DISTRIBUTION COMPANY
IN MEETING ITS OBLIGATIONS ESTABLISHED PURSUANT TO  SUBDIVISION  TWO  OF
THIS  SECTION  AND  PROGRESS  IN  MEETING THE OVERALL ANNUAL TARGETS FOR
DEPLOYMENT OF RENEWABLE ENERGY SYSTEMS; (B) THE REASONABLENESS  OF  EACH
ELECTRIC DISTRIBUTION COMPANY'S OBLIGATIONS; (C) DISTRIBUTION OF SYSTEMS
BY SIZE AND LOAD ZONE; AND (D) ANNUAL INCENTIVE COMMITMENTS AND EXPENDI-
TURES.  THE  COMMISSION  SHALL EVALUATE THE REASONABLENESS OF THE FUTURE
ANNUAL TARGETS ESTABLISHED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  TWO
OF  THIS  SECTION  AND  DETERMINE  WHETHER  THE ANNUAL TARGETS SHOULD BE
ACCELERATED, INCREASED OR EXTENDED. THE COMMISSION SHALL ALSO REVIEW THE
INCENTIVE STRUCTURES AND ELECTRIC DISTRIBUTION COMPANIES' PROGRAM  PLANS
AND MAKE ADJUSTMENTS AS NECESSARY IN A MANNER THAT IS COST-EFFECTIVE.
  4.  THE  COMMISSION  MAY  SUSPEND OR TERMINATE THE PROGRAM ESTABLISHED
UNDER THIS SECTION OR SUSPEND AN ELECTRIC DISTRIBUTION  COMPANY'S  OBLI-
GATIONS  UNDER SUCH PROGRAM PROVIDED THAT THE COMMISSION, AFTER CONDUCT-
ING A HEARING AS PROVIDED IN SECTION TWENTY OF  THIS  CHAPTER,  MAKES  A
FINDING  THAT  THE  PROGRAM  IMPEDES  THE PROVISION OF SAFE AND ADEQUATE
ELECTRIC SERVICE OR THAT THERE IS A SIGNIFICANT INCREASE IN  ARREARS  OR
UTILITY SERVICE DISCONNECTIONS THAT THE COMMISSION DETERMINES IS RELATED
TO THE PROGRAM.
  5.  EVERY  CONTRACTOR EMPLOYED PURSUANT TO THIS SECTION, NOT OTHERWISE
REQUIRED TO PAY LABORERS, WORKERS OR MECHANICS THE  PREVAILING  RATE  OF
WAGES  PURSUANT  TO  ARTICLE EIGHT OF THE LABOR LAW, SHALL PAY EMPLOYEES
UNDER CONTRACT FOR THE DEVELOPMENT OF RENEWABLE ENERGY SYSTEMS RATED  AT
TWO  HUNDRED  FIFTY  KILOWATTS  OR  MORE,  A  WAGE  OF NOT LESS THAN THE
PREVAILING RATE OF WAGES FOR  SUCH  WORK  IN  THE  LOCALITY  WHERE  SUCH
INSTALLATION  OCCURS.  THIS REQUIREMENT SHALL BE IN EFFECT FOR THE DURA-
TION OF THE RECEIPT BY THE  CONTRACTOR  OF  THE  INCENTIVES  ESTABLISHED
PURSUANT  TO  THIS SECTION AND IN NO EVENT SHALL SUCH REQUIREMENT EXTEND
BEYOND THE AVAILABILITY OF SUCH INCENTIVES. EVERY CONTRACTOR SUBJECT  TO
THE  PROVISIONS  OF  THIS  SUBDIVISION SHALL MAINTAIN PAYROLL RECORDS IN
ACCORDANCE WITH SECTION TWO HUNDRED TWENTY OF THE LABOR LAW.

S. 8005                            14

  S 5. Section 1005 of the public authorities law is amended by adding a
new subdivision 26 to read as follows:
  26. A. FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (1)  "PREVAILING  RATE  OF  WAGES" SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED IN PARAGRAPH  A  OF  SUBDIVISION  FIVE  OF  SECTION  TWO
HUNDRED TWENTY OF THE LABOR LAW; AND
  (2) "RENEWABLE ENERGY SYSTEMS" MEANS SYSTEMS THAT GENERATE ELECTRICITY
OR THERMAL ENERGY THROUGH USE OF THE FOLLOWING TECHNOLOGIES: SOLAR THER-
MAL, PHOTOVOLTAICS, WIND, HYDROELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL
GROUND  SOURCE  HEAT, TIDAL ENERGY, WAVE ENERGY, OCEAN THERMAL, OFFSHORE
WIND AND FUEL CELLS WHICH DO NOT UTILIZE A FOSSIL FUEL RESOURCE  IN  THE
PROCESS OF GENERATING ELECTRICITY.
  B.  AS  DEEMED  FEASIBLE  AND ADVISABLE BY THE TRUSTEES, NO LATER THAN
JANUARY FIRST, TWO THOUSAND SEVENTEEN, THE AUTHORITY SHALL  ESTABLISH  A
PROGRAM  TO  REQUIRE  THAT  A  MINIMUM  OF FIFTY PERCENT OF THE ELECTRIC
CAPACITY SERVED BY THE AUTHORITY IN TWO THOUSAND THIRTY SHALL BE  GENER-
ATED  BY  RENEWABLE ENERGY SYSTEMS.  THE PROPOSED PROGRAM SHALL FIRST BE
MADE AVAILABLE TO THE PUBLIC, WITH NOTICE AND OPPORTUNITY  FOR  COMMENT,
BEFORE FINAL ADOPTION BY THE AUTHORITY'S BOARD OF TRUSTEES.
  (1)  THE  PROGRAM  SHALL  ACHIEVE  THE  FOLLOWING  INCREMENTAL MINIMUM
PERCENTAGE CAPACITY LEVELS OF RENEWABLE ENERGY SYSTEMS:
  (I) TWENTY-SEVEN PERCENT BY TWO THOUSAND SEVENTEEN;
  (II) THIRTY PERCENT BY TWO THOUSAND TWENTY;
  (III) FORTY PERCENT BY TWO THOUSAND TWENTY-FIVE; AND
  (IV) FIFTY PERCENT BY TWO THOUSAND THIRTY.
  (2) THE PROGRAM ESTABLISHED BY THE AUTHORITY SHALL BE DESIGNED TO: (I)
BE COST-EFFECTIVE; (II) ENCOURAGE THE  DEPLOYMENT  OF  RENEWABLE  ENERGY
SYSTEMS  AT  THE  BULK ELECTRIC SYSTEM LEVEL AND BEHIND-THE-METER; (III)
ALLOW FOR DIVERSITY IN THE SIZE AND  GEOGRAPHIC  LOCATION  OF  RENEWABLE
ENERGY SYSTEMS; (IV) ENABLE THE PARTICIPATION OF RESIDENTIAL AND NON-RE-
SIDENTIAL  CUSTOMERS, INCLUDING SPECIAL CONSIDERATION TO LOW-TO-MODERATE
INCOME CUSTOMERS; (V) ENSURE THAT RENEWABLE ENERGY SYSTEMS WILL BE STRA-
TEGICALLY LOCATED TO MINIMIZE  PEAK  LOAD  IN  CONSTRAINED  AREAS;  (VI)
SUPPORT  ELECTRIC SYSTEM RELIABILITY AND SECURITY; AND (VII) ACHIEVE ANY
OTHER OBJECTIVES THE AUTHORITY MAY ESTABLISH.
  C. IN DEVELOPING INCENTIVES  FOR  THE  PROGRAM,  THE  AUTHORITY  SHALL
CONSIDER  THE  VALUE  OF RENEWABLE ENERGY SYSTEM COMPONENTS MANUFACTURED
AND ASSEMBLED WITHIN THE  STATE  AND  ANY  OTHER  CONSIDERATIONS  DEEMED
APPROPRIATE BY THE AUTHORITY.
  D.  NO  LATER  THAN  JULY  FIRST, TWO THOUSAND EIGHTEEN, AND EVERY TWO
YEARS THEREAFTER, THE AUTHORITY SHALL, AFTER NOTICE  AND  PROVISION  FOR
THE  OPPORTUNITY TO COMMENT, ISSUE A COMPREHENSIVE REVIEW OF THE PROGRAM
ESTABLISHED PURSUANT TO THIS SUBDIVISION. THE AUTHORITY SHALL DETERMINE,
AMONG OTHER MATTERS: (1) PROGRESS IN MEETING ITS MINIMUM CAPACITY LEVELS
FOR DEPLOYMENT OF RENEWABLE ENERGY SYSTEMS; (2) DISTRIBUTION OF  SYSTEMS
BY SIZE, AND LOAD ZONE; AND (3) ANNUAL INCENTIVE COMMITMENTS AND EXPEND-
ITURES.  THE  AUTHORITY  SHALL EVALUATE THE REASONABLENESS OF THE FUTURE
MINIMUM CAPACITY LEVELS ESTABLISHED  PURSUANT  TO  SUBPARAGRAPH  ONE  OF
PARAGRAPH B OF THIS SUBDIVISION AND DETERMINE WHETHER THE MINIMUM CAPAC-
ITY  LEVELS  SHOULD BE ACCELERATED, INCREASED OR EXTENDED. THE AUTHORITY
SHALL ALSO REVIEW THE  INCENTIVE  STRUCTURES  AND  MAKE  ADJUSTMENTS  AS
NECESSARY IN A MANNER THAT IS COST-EFFECTIVE.
  E.  THE  AUTHORITY  MAY  SUSPEND  OR TERMINATE THE PROGRAM ESTABLISHED
UNDER THIS SECTION AFTER A FINDING THAT THE PROGRAM IMPEDES THE AUTHORI-

S. 8005                            15

TY'S DUTY TO OBTAIN AND MAINTAIN A CONTINUOUS  AND  ADEQUATE  SUPPLY  OF
DEPENDABLE ELECTRIC POWER AND ENERGY.
  F.  EVERY CONTRACTOR EMPLOYED PURSUANT TO THIS SUBDIVISION, NOT OTHER-
WISE REQUIRED TO PAY LABORERS, WORKERS OR MECHANICS THE PREVAILING  RATE
OF WAGES PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW, SHALL PAY EMPLOYEES
UNDER  CONTRACT FOR THE DEVELOPMENT OF RENEWABLE ENERGY SYSTEMS RATED AT
TWO HUNDRED FIFTY KILOWATTS OR MORE A WAGE OF NOT LESS THAN THE PREVAIL-
ING RATE OF WAGES FOR SUCH WORK IN THE LOCALITY WHERE SUCH  INSTALLATION
OCCURS.  THIS  REQUIREMENT  SHALL  BE  IN EFFECT FOR THE DURATION OF THE
RECEIPT BY THE CONTRACTOR OF THE INCENTIVES ESTABLISHED PURSUANT TO THIS
SUBDIVISION AND IN NO EVENT SHALL SUCH  REQUIREMENT  EXTEND  BEYOND  THE
AVAILABILITY  OF  SUCH  INCENTIVES.    EVERY  CONTRACTOR  SUBJECT TO THE
PROVISIONS OF THIS PARAGRAPH SHALL MAINTAIN PAYROLL RECORDS  IN  ACCORD-
ANCE WITH SECTION TWO HUNDRED TWENTY OF THE LABOR LAW.
  S  6.  Sections 1020-ii, 1020-jj and 1020-kk of the public authorities
law, as renumbered by chapter 388 of the laws of  2011,  are  renumbered
sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added
to read as follows:
  S  1020-II. ESTABLISHMENT OF A RENEWABLE ENERGY PROGRAM. 1. AS USED IN
THIS SECTION:
  (A) "PREVAILING RATE OF WAGES" SHALL HAVE THE  SAME  MEANING  AS  SUCH
TERM  IS  DEFINED  IN  PARAGRAPH  A  OF  SUBDIVISION FIVE OF SECTION TWO
HUNDRED TWENTY OF THE LABOR LAW; AND
  (B) "RENEWABLE ENERGY SYSTEMS" MEANS SYSTEMS THAT GENERATE ELECTRICITY
OR THERMAL ENERGY THROUGH USE OF THE FOLLOWING TECHNOLOGIES: SOLAR THER-
MAL, PHOTOVOLTAICS, WIND, HYDROELECTRIC, GEOTHERMAL ELECTRIC, GEOTHERMAL
GROUND SOURCE HEAT, TIDAL ENERGY, WAVE ENERGY, OCEAN  THERMAL,  OFFSHORE
WIND  AND  FUEL CELLS WHICH DO NOT UTILIZE A FOSSIL FUEL RESOURCE IN THE
PROCESS OF GENERATING ELECTRICITY.
  2. NO LATER THAN JANUARY FIRST, TWO THOUSAND SEVENTEEN, THE  AUTHORITY
SHALL  ESTABLISH A PROGRAM TO REQUIRE THAT A MINIMUM OF FIFTY PERCENT OF
THE ELECTRIC CAPACITY SERVED BY THE AUTHORITY  IN  TWO  THOUSAND  THIRTY
SHALL  BE  GENERATED  BY  RENEWABLE ENERGY SYSTEMS. THE PROPOSED PROGRAM
SHALL FIRST BE MADE AVAILABLE TO THE PUBLIC, WITH NOTICE AND OPPORTUNITY
FOR COMMENT, BEFORE FINAL ADOPTION BY THE BOARD.
  (A) THE  PROGRAM  SHALL  ACHIEVE  THE  FOLLOWING  INCREMENTAL  MINIMUM
PERCENTAGE CAPACITY LEVELS OF RENEWABLE ENERGY SYSTEMS:
  (I) TWENTY-SEVEN PERCENT BY TWO THOUSAND SEVENTEEN;
  (II) THIRTY PERCENT BY TWO THOUSAND TWENTY;
  (III) FORTY PERCENT BY TWO THOUSAND TWENTY-FIVE; AND
  (IV) FIFTY PERCENT BY TWO THOUSAND THIRTY.
  (B) THE PROGRAM ESTABLISHED BY THE AUTHORITY SHALL BE DESIGNED TO: (I)
BE  COST-EFFECTIVE;  (II)  ENCOURAGE  THE DEPLOYMENT OF RENEWABLE ENERGY
SYSTEMS AT THE BULK ELECTRIC SYSTEM LEVEL  AND  BEHIND-THE-METER;  (III)
ALLOW  FOR  DIVERSITY  IN  THE SIZE AND GEOGRAPHIC LOCATION OF RENEWABLE
ENERGY SYSTEMS; (IV) ENABLE THE PARTICIPATION OF RESIDENTIAL AND NON-RE-
SIDENTIAL CUSTOMERS, INCLUDING SPECIAL CONSIDERATION TO  LOW-TO-MODERATE
INCOME CUSTOMERS; (V) ENSURE THAT RENEWABLE ENERGY SYSTEMS WILL BE STRA-
TEGICALLY  LOCATED  TO  MINIMIZE  PEAK  LOAD  IN CONSTRAINED AREAS; (VI)
SUPPORT ELECTRIC SYSTEM RELIABILITY AND SECURITY; AND (VII) ACHIEVE  ANY
OTHER OBJECTIVES THE AUTHORITY MAY ESTABLISH.
  (C)  IN  DEVELOPING  INCENTIVES  FOR  THE PROGRAM, THE AUTHORITY SHALL
CONSIDER THE VALUE OF RENEWABLE ENERGY  SYSTEM  COMPONENTS  MANUFACTURED
AND  ASSEMBLED  WITHIN  THE  STATE  AND  ANY OTHER CONSIDERATIONS DEEMED
APPROPRIATE BY THE AUTHORITY.

S. 8005                            16

  3. NO LATER THAN JULY FIRST, TWO  THOUSAND  EIGHTEEN,  AND  EVERY  TWO
YEARS  THEREAFTER,  THE  AUTHORITY SHALL, AFTER NOTICE AND PROVISION FOR
THE OPPORTUNITY TO COMMENT, ISSUE A COMPREHENSIVE REVIEW OF THE  PROGRAM
ESTABLISHED  PURSUANT  TO  THIS  SECTION. THE AUTHORITY SHALL DETERMINE,
AMONG OTHER MATTERS: (A) PROGRESS IN MEETING ITS MINIMUM CAPACITY LEVELS
FOR  DEPLOYMENT OF RENEWABLE ENERGY SYSTEMS; (B) DISTRIBUTION OF SYSTEMS
BY SIZE AND LOAD ZONE; AND (C) ANNUAL INCENTIVE COMMITMENTS AND EXPENDI-
TURES. THE AUTHORITY SHALL EVALUATE THE  REASONABLENESS  OF  THE  FUTURE
MINIMUM  CAPACITY LEVELS ESTABLISHED PURSUANT TO PARAGRAPH (A) OF SUBDI-
VISION TWO OF THIS SECTION AND DETERMINE WHETHER  THE  MINIMUM  CAPACITY
LEVELS SHOULD BE ACCELERATED, INCREASED OR EXTENDED. THE AUTHORITY SHALL
ALSO  REVIEW  THE INCENTIVE STRUCTURES AND MAKE ADJUSTMENTS AS NECESSARY
IN A MANNER THAT IS COST-EFFECTIVE.
  4. THE AUTHORITY MAY SUSPEND  OR  TERMINATE  THE  PROGRAM  ESTABLISHED
UNDER  THIS SECTION AFTER A FINDING THAT THERE IS A SIGNIFICANT INCREASE
IN ARREARS OR UTILITY SERVICE DISCONNECTIONS THAT THE  AUTHORITY  DETER-
MINES IS RELATED TO THE PROGRAM OR THAT THE PROGRAM IMPEDES THE AUTHORI-
TY'S  DUTY  TO  OBTAIN  AND MAINTAIN A CONTINUOUS AND ADEQUATE SUPPLY OF
DEPENDABLE ELECTRIC POWER AND ENERGY.
  5. EVERY CONTRACTOR EMPLOYED PURSUANT TO THIS SECTION,  NOT  OTHERWISE
REQUIRED  TO  PAY  LABORERS, WORKERS OR MECHANICS THE PREVAILING RATE OF
WAGES PURSUANT TO ARTICLE EIGHT OF THE LABOR LAW,  SHALL  PAY  EMPLOYEES
UNDER  CONTRACT FOR THE DEVELOPMENT OF RENEWABLE ENERGY SYSTEMS RATED AT
TWO HUNDRED FIFTY KILOWATTS OR  MORE,  A  WAGE  OF  NOT  LESS  THAN  THE
PREVAILING  RATE  OF  WAGES  FOR  SUCH  WORK  IN THE LOCALITY WHERE SUCH
INSTALLATION OCCURS. THIS REQUIREMENT SHALL BE IN EFFECT FOR  THE  DURA-
TION  OF  THE  RECEIPT  BY  THE CONTRACTOR OF THE INCENTIVES ESTABLISHED
PURSUANT TO THIS SECTION AND IN NO EVENT SHALL SUCH  REQUIREMENT  EXTEND
BEYOND  THE AVAILABILITY OF SUCH INCENTIVES. EVERY CONTRACTOR SUBJECT TO
THE PROVISIONS OF THIS SUBDIVISION SHALL  MAINTAIN  PAYROLL  RECORDS  IN
ACCORDANCE WITH SECTION TWO HUNDRED TWENTY OF THE LABOR LAW.
  S  7.  The labor law is amended by adding a new article 8-B to read as
follows:
                               ARTICLE 8-B
              LABOR AND JOB STANDARDS AND WORKER PROTECTION
SECTION 228. LABOR AND JOB STANDARDS AND WORKER PROTECTION.
  S 228. LABOR AND JOB STANDARDS AND WORKER  PROTECTION.  1.  ALL  STATE
AGENCIES  INVOLVED IN IMPLEMENTING THE NEW YORK STATE CLIMATE AND COMMU-
NITY PROTECTION ACT SHALL ASSESS AND IMPLEMENT  STRATEGIES  TO  INCREASE
EMPLOYMENT  OPPORTUNITIES  AND  IMPROVE  JOB QUALITY. WITHIN ONE HUNDRED
TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, ALL  STATE  AGENCIES,
OFFICES, AUTHORITIES, AND DIVISIONS SHALL REPORT TO THE LEGISLATURE ON:
  A. STEPS THEY WILL TAKE TO ENSURE COMPLIANCE WITH THIS SECTION; AND
  B.  REGULATIONS NECESSARY TO ENSURE THAT THEY PRIORITIZE THE STATEWIDE
GOAL OF CREATING GOOD JOBS AND INCREASING EMPLOYMENT OPPORTUNITIES.
  2.  IN  CONSIDERING  AND  ISSUING  PERMITS,   LICENSES,   REGULATIONS,
CONTRACTS,  AND OTHER ADMINISTRATIVE APPROVALS AND DECISIONS PURSUANT TO
THE NEW YORK STATE CLIMATE AND COMMUNITY PROTECTION ACT, ALL STATE AGEN-
CIES, OFFICES, AUTHORITIES, AND  DIVISIONS  SHALL  APPLY  THE  FOLLOWING
LABOR,  TRAINING,  AND  JOB  QUALITY  STANDARDS TO THE FOLLOWING PROJECT
TYPES: PUBLIC WORK; PROJECTS IN RECEIPT OF MORE THAN ONE  HUNDRED  THOU-
SAND  DOLLARS IN TOTAL FINANCIAL ASSISTANCE; OR TO PROJECTS WITH A TOTAL
VALUE OF MORE THAN TEN MILLION DOLLARS; AND PRIVATELY-FINANCED  PROJECTS
ON PUBLIC PROPERTY.
  A.  THE  PAYMENT OF NO LESS THAN PREVAILING WAGES FOR ALL EMPLOYEES IN
CONSTRUCTION AND BUILDING, CONSISTENT WITH ARTICLE  EIGHT  OF  THE  THIS

S. 8005                            17

CHAPTER,  AND  BUILDING  SERVICES,  CONSISTENT WITH ARTICLE NINE OF THIS
CHAPTER;
  B.  THE INCLUSION OF CONTRACT LANGUAGE REQUIRING CONTRACTORS TO ESTAB-
LISH LABOR HARMONY POLICIES; DISPUTE RESOLUTION  MECHANISMS;  PREVAILING
WAGE   COMPLIANCE;   SAFETY  POLICIES;  WORKERS  COMPENSATION  INSURANCE
(INCLUDING REVIEW OF CONTRACTOR EXPERIENCE RATING  AND  OTHER  FACTORS);
AND  APPRENTICESHIP PROGRAM APPROPRIATE FOR CRAFTS EMPLOYED. PROCUREMENT
RULES SHOULD ENCOURAGE BUNDLING  OF  SMALL  CONTRACTS  AND  PROJECTS  TO
IMPROVE THE EFFICIENCY OF COMPLIANCE;
  C. APPRENTICESHIP UTILIZATION:
  I.  THAT  ALL  CONTRACTORS  AND  SUBCONTRACTORS,  INCLUDING THOSE THAT
PARTICIPATE IN POWER PURCHASE AGREEMENTS, ENERGY PERFORMANCE  CONTRACTS,
OR OTHER SIMILAR PROGRAMS, PARTICIPATE IN APPRENTICESHIP PROGRAMS IN THE
TRADES IN WHICH THEY ARE PERFORMING WORK;
  II.  MAXIMUM  USE  OF  APPRENTICES AS PER DEPARTMENT OF LABOR APPROVED
RATIOS;
  III. ENCOURAGEMENT OF AFFILIATED PRE-APPRENTICE DIRECT ENTRY PROGRAMS,
INCLUDING BUT NOT LIMITED TO EJM CONSTRUCTION  SKILLS;  NYC  HELMETS  TO
HARDHATS, AND NONTRADITIONAL EMPLOYMENT FOR WOMEN (NEW) FOR THE RECRUIT-
MENT OF LOCAL AND/OR DISADVANTAGED WORKERS;
  IV.  EXISTING  WORKFORCE  DEVELOPMENT PROGRAMS, INCLUDING THOSE AT THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHOULD BE MADE
TO CONFORM TO THESE STANDARDS.
  3. THE COMMISSIONER, THE FISCAL OFFICER AND  OTHER  RELEVANT  AGENCIES
SHALL  PROMULGATE  SUCH  REGULATIONS  AS  ARE NECESSARY TO IMPLEMENT AND
ADMINISTER COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.  THE  DEPART-
MENT  AND  THE  FISCAL OFFICER SHALL COORDINATE WITH ORGANIZED LABOR AND
LOCAL AND COUNTY LEVEL  GOVERNMENTS  TO  IMPLEMENT  A  SYSTEM  TO  TRACK
COMPLIANCE, ACCEPT REPORTS OF NON-COMPLIANCE FOR ENFORCEMENT ACTION, AND
REPORT  ANNUALLY  ON  THE ADOPTION OF THESE STANDARDS TO THE LEGISLATURE
STARTING ONE YEAR FROM THE EFFECTIVE DATE OF THIS SECTION.
  A. FOR THE PURPOSES OF THIS SECTION, "FISCAL OFFICER" SHALL  MEAN  THE
INDUSTRIAL  COMMISSIONER,  EXCEPT  FOR CONSTRUCTION AND BUILDING SERVICE
WORK PERFORMED BY OR ON BEHALF OF A CITY, IN WHICH CASE "FISCAL OFFICER"
SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS OFFICER OF SUCH CITY.
  B. THE PROVISIONS OF  THE  CONTRACT  BY  THE  RECIPIENT  OF  FINANCIAL
ASSISTANCE  PERTAINING  TO  PREVAILING  WAGES  ARE  TO  BE  CONSIDERED A
CONTRACT FOR THE BENEFIT OF CONSTRUCTION AND BUILDING  SERVICE  WORKERS,
UPON  WHICH SUCH WORKERS SHALL HAVE THE RIGHT TO MAINTAIN ACTION FOR THE
DIFFERENCE BETWEEN THE PREVAILING WAGE RATE OF PAY, BENEFITS,  AND  PAID
LEAVE  AND  THE RATES OF PAY, BENEFITS, AND PAID LEAVE ACTUALLY RECEIVED
BY THEM, AND INCLUDING ATTORNEY'S FEES.
  C. I. WHERE A RECIPIENT OF  FINANCIAL  ASSISTANCE  CONTRACTS  BUILDING
SERVICE WORK TO A BUILDING SERVICE CONTRACTOR, THE CONTRACTOR IS HELD TO
THE  SAME OBLIGATIONS WITH RESPECT TO PREVAILING WAGES AS THE RECIPIENT.
THE RECIPIENT MUST INCLUDE TERMS ESTABLISHING THIS OBLIGATION WITHIN ANY
CONTRACT SIGNED WITH A CONTRACTOR.
  II.  WHERE  A  RECIPIENT  OF  FINANCIAL   ASSISTANCE   CONTRACTS   FOR
CONSTRUCTION,  EXCAVATION,  DEMOLITION,  REHABILITATION,  REPAIR,  RENO-
VATION, ALTERATION OR IMPROVEMENT TO A SUBCONTRACTOR, THE  SUBCONTRACTOR
IS  HELD TO THE SAME OBLIGATIONS WITH RESPECT TO PREVAILING WAGES AS THE
RECIPIENT. THE RECIPIENT MUST INCLUDE TERMS ESTABLISHING THIS OBLIGATION
WITHIN ANY CONTRACT SIGNED WITH A SUBCONTRACTOR.
  4. FOR THE PURPOSES OF THIS SECTION "FINANCIAL ASSISTANCE"  MEANS  ANY
PROVISION  OF  PUBLIC  FUNDS  TO ANY PERSON, INDIVIDUAL, PROPRIETORSHIP,
PARTNERSHIP, JOINT  VENTURE,  CORPORATION,  LIMITED  LIABILITY  COMPANY,

S. 8005                            18

TRUST,  ASSOCIATION,  ORGANIZATION, OR OTHER ENTITY THAT RECEIVES FINAN-
CIAL ASSISTANCE, OR ANY ASSIGNEE OR SUCCESSOR IN INTEREST OF REAL  PROP-
ERTY  IMPROVED  OR  DEVELOPED  WITH  FINANCIAL  ASSISTANCE, FOR ECONOMIC
DEVELOPMENT WITHIN THE STATE, INCLUDING BUT NOT LIMITED TO CASH PAYMENTS
OR  GRANTS,  BOND FINANCING, TAX ABATEMENTS OR EXEMPTIONS, INCLUDING BUT
NOT LIMITED TO ABATEMENTS OR EXEMPTIONS  FROM  REAL  PROPERTY,  MORTGAGE
RECORDING,  SALES, AND USE TAXES, OR THE DIFFERENCE BETWEEN ANY PAYMENTS
IN LIEU OF TAXES AND THE AMOUNT OF REAL PROPERTY  OR  OTHER  TAXES  THAT
WOULD  HAVE  BEEN DUE IF THE PROPERTY WERE NOT EXEMPTED FROM SUCH TAXES,
TAX INCREMENT FINANCING, FILING FEE  WAIVERS,  ENERGY  COST  REDUCTIONS,
ENVIRONMENTAL  REMEDIATION  COSTS,  WRITE-DOWNS  IN  THE MARKET VALUE OF
BUILDINGS OR LAND, OR THE COST OF CAPITAL IMPROVEMENTS RELATED  TO  REAL
PROPERTY  FOR  WHICH  THE  STATE  WOULD  NOT  PAY ABSENT THE DEVELOPMENT
PROJECT, AND INCLUDES BOTH DISCRETIONARY AND AS OF RIGHT ASSISTANCE. THE
PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO PROJECTS  RECEIVING  MORE
THAN  ONE  HUNDRED THOUSAND DOLLARS IN TOTAL FINANCIAL ASSISTANCE, OR TO
PROJECTS WITH A TOTAL PROJECT VALUE OF MORE THAN TEN MILLION DOLLARS.
  5. THE COMMISSIONER SHALL EVALUATE WHETHER THERE ARE ADDITIONAL STAND-
ARDS THAT COULD BE APPLIED TO INCREASE WAGE AND BENEFIT STANDARDS OR  TO
ENCOURAGE A SAFE, WELL-TRAINED, AND ADEQUATELY COMPENSATED WORKFORCE.
  6.  NOTHING  SET  FORTH  IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS WHICH ACCRUE TO  EMPLOYEES
THROUGH  BONA FIDE COLLECTIVE BARGAINING AGREEMENTS, OR OTHERWISE DIMIN-
ISH THE INTEGRITY OF THE EXISTING COLLECTIVE BARGAINING RELATIONSHIP.
  7. NOTHING SET FORTH IN THIS SECTION SHALL PRECLUDE A LOCAL GOVERNMENT
FROM SETTING ADDITIONAL STANDARDS THAT EXPAND ON THESE STATE-WIDE STAND-
ARDS.
  S 8. Report on barriers to, and opportunities for, community ownership
of services and commodities  in  disadvantaged  communities.  1.  On  or
before  two  years  of the effective date of this act, the department of
environmental conservation, with input from relevant state agencies, the
environmental justice advisory group as defined in  section  75-0101  of
the  environmental conservation law, the disadvantaged communities work-
ing group as defined in section 75-0113 of the  environmental  conserva-
tion  law  and  Climate  Action Council established in article 75 of the
environmental conservation law, and following at least two public  hear-
ings,  shall  prepare  a  report  on barriers to, and opportunities for,
access to or community ownership of the following services  and  commod-
ities  in  disadvantaged  communities as identified in article 75 of the
environmental conservation law:
  a. Distributed renewable energy generation.
  b. Energy efficiency and weatherization investments.
  c. Zero-emission and low-emission transportation options.
  d. Adaptation measures to improve the resilience of  homes  and  local
infrastructure to the impacts of climate change including but not limit-
ed to microgrids.
  e. Other services and infrastructure that can reduce the risks associ-
ated with climate-related hazards, including but not limited to:
  i. Shelters and cool rooms during extreme heat events;
  ii. Shelters during flooding events; and
  iii.  Medical  treatment for asthma and other conditions that could be
exacerbated by climate-related events.
  2. The report, which shall be submitted to the governor,  the  speaker
of  the assembly and the temporary president of the senate and posted on
the department of  environmental  conservation  website,  shall  include

S. 8005                            19

recommendations  on  how  to increase access to the services and commod-
ities.
  3.  The department of environmental conservation shall amend the scop-
ing plan for statewide greenhouse gas emissions reductions in accordance
with the recommendations included in the report.
  S 9. Climate change actions by state agencies. 1. All  state  agencies
shall  assess  and  implement  strategies to reduce their greenhouse gas
emissions.
  2. In considering and issuing permits, licenses, and other administra-
tive approvals and decisions, including but not limited to the execution
of grants, loans, and contracts, all state agencies,  offices,  authori-
ties, and divisions shall consider whether such decisions are inconsist-
ent  with  or will interfere with the attainment of the statewide green-
house  gas  emissions  limits  established  in   article   75   of   the
environmental  conservation  law.  Where such decisions are deemed to be
inconsistent with or will interfere with the attainment of the statewide
greenhouse gas emissions limits,  each  agency,  office,  authority,  or
division  shall, provide a detailed statement of justification as to why
such limits/criteria may not be met, and, to the maximum extent  practi-
cable, identify alternatives or greenhouse gas mitigation measures to be
required where such project is located.
  3. In considering and issuing permits, licenses, and other administra-
tive approvals and decisions, including but not limited to the execution
of  grants, loans, and contracts, pursuant to article 75 of the environ-
mental conservation law, all state agencies, offices,  authorities,  and
divisions  shall not disproportionately burden disadvantaged communities
as identified pursuant to subdivision 7 of section 75-0101 of the  envi-
ronmental  conservation  law.  All state agencies, offices, authorities,
and divisions shall also prioritize reductions of greenhouse  gas  emis-
sions  and  co-pollutants  in  disadvantaged  communities  as identified
pursuant to such subdivision 7 of section 75-0101 of  the  environmental
conservation law.
  S  10. Authorization for other state agencies to promulgate greenhouse
gas emissions regulations. 1. The public  service  commission,  the  New
York  State energy research and development authority, the department of
health, the department of transportation, the department of  state,  the
department  of  economic  development, the department of agriculture and
markets, the department of financial services,  the  office  of  general
services,  the  division  of  housing  and community renewal, the public
utility authorities established pursuant to  titles  1,  1-A,  1-B,  11,
11-A, 11-B, 11-C and 11-D of article 5 of the public authorities law and
any  other  state  agency  may  promulgate  regulations to contribute to
achieving the statewide greenhouse gas emissions limits  established  in
article 75 of the environmental conservation law. Provided, however, any
such regulations shall not limit the department of environmental conser-
vation's  authority  to  regulate  and  control greenhouse gas emissions
pursuant to article 75 of the environmental conservation law.
  S 11. Chapter 355 of the laws of  2014,  constituting  the  "community
risk and resiliency act", is amended by adding two new sections 17-a and
17-b to read as follows:
  S  17-A.  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  SHALL TAKE
ACTIONS TO PROMOTE ADAPTATION AND RESILIENCE, INCLUDING:
  (A) ACTIONS TO HELP STATE  AGENCIES  AND  OTHER  ENTITIES  ASSESS  THE
REASONABLY FORESEEABLE RISKS OF CLIMATE CHANGE ON ANY PROPOSED PROJECTS,
TAKING  INTO ACCOUNT ISSUES SUCH AS: SEA LEVEL RISE, TROPICAL AND EXTRA-
TROPICAL CYCLONES, STORM SURGES, FLOODING, WIND, CHANGES IN AVERAGE  AND

S. 8005                            20

PEAK  TEMPERATURES,  CHANGES  IN  AVERAGE AND PEAK PRECIPITATION, PUBLIC
HEALTH IMPACTS, AND IMPACTS ON SPECIES AND OTHER NATURAL RESOURCES.
  (B)  THE  MOST  SIGNIFICANT CLIMATE-RELATED RISKS, TAKING INTO ACCOUNT
THE PROBABILITY OF OCCURRENCE, THE MAGNITUDE OF THE POTENTIAL HARM,  AND
THE UNCERTAINTY OF THE RISK.
  (C) MEASURES THAT COULD MITIGATE SIGNIFICANT CLIMATE-RELATED RISKS, AS
WELL AS A COST-BENEFIT ANALYSIS AND IMPLEMENTATION OF SUCH MEASURES.
  S 17-B. MAJOR PERMITS FOR THE REGULATORY PROGRAMS OF SUBDIVISION THREE
OF  SECTION  70-0107 OF THE ENVIRONMENTAL CONSERVATION LAW SHALL REQUIRE
APPLICANTS TO DEMONSTRATE THAT FUTURE PHYSICAL  CLIMATE  RISK  HAS  BEEN
CONSIDERED. IN REVIEWING SUCH INFORMATION THE DEPARTMENT MAY REQUIRE THE
APPLICANT  TO MITIGATE SIGNIFICANT RISKS TO PUBLIC INFRASTRUCTURE AND/OR
SERVICES, PRIVATE PROPERTY NOT OWNED BY THE APPLICANT,  ADVERSE  IMPACTS
ON  DISADVANTAGED  COMMUNITIES, AND/OR NATURAL RESOURCES IN THE VICINITY
OF THE PROJECT.
  S 12. Nothing in this act shall limit  the  existing  authority  of  a
state  entity  to adopt and implement greenhouse gas emissions reduction
measures.
  S 13. Nothing in this act shall relieve any person, entity, or  public
agency of compliance with other applicable federal, state, or local laws
or  regulations, including state air and water quality requirements, and
other requirements for protecting public health or the environment.
  S 14. Severability. If any word, phrase, clause, sentence,  paragraph,
section, or part of this act shall be adjudged by any court of competent
jurisdiction  to be invalid, such judgement shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the word, phrase, clause, sentence, paragraph, section, or part ther-
eof directly involved in the controversy in which such  judgement  shall
have been rendered.
  S  15.  This  act  shall  take effect on the same date and in the same
manner as a chapter of the laws  of  2016,  amending  the  environmental
conservation  law, in relation to establishing a permanent environmental
justice advisory group and an environmental justice interagency  coordi-
nating  council,  as  proposed  in  legislative bills numbers A.3063 and
S.1525, takes effect; provided further, the provisions of section  seven
of  this act shall take effect on the one hundred eightieth day after it
shall have become a law and  shall  apply  to  any  grants,  loans,  and
contracts  and  financial assistance awarded or renewed on or after such
effective date.