S T A T E   O F   N E W   Y O R K
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     S. 2992                                                  A. 3876
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by Sens. KAMINSKY, HOYLMAN -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental Conservation
 
 IN  ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT, LIFTON, FAHY, ORTIZ,
   CAHILL, WALKER, CARROLL, L. ROSENTHAL, THIELE,  JAFFEE,  SIMON,  OTIS,
   DINOWITZ,  WILLIAMS,  ROZIC,  ABINANTI, MOSLEY, BARRETT, STECK, GALEF,
   GOTTFRIED, LUPARDO, PHEFFER AMATO,  DE LA ROSA,  JEAN-PIERRE,  COLTON,
   CUSICK,  PEOPLES-STOKES,  SEAWRIGHT, PICHARDO, WEPRIN, SIMOTAS, GLICK,
   FERNANDEZ -- Multi-Sponsored by -- M. of A. LENTOL --  read  once  and
   referred to the Committee on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law, the public service
   law, the public authorities law, the labor law and the community  risk
   and  resiliency  act,  in  relation to establishing the New York state
   climate and community protection act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05372-03-9

 S. 2992                             2                            A. 3876
 
   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
 services to the citizens of New  York,  including  the  state's  energy,
 transportation, stormwater, and wastewater infrastructure.
   2.  a.  The severity of current climate change and the threat of addi-
 tional and more severe change will be affected by the actions undertaken
 by New York and other jurisdictions to reduce greenhouse gas  emissions.
 According  to  the  U.S. Global Change Research Program (USGCRP) and the
 Intergovernmental 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.
   b. On December 12, 2015, one hundred ninety-five countries at the 21st
 Conference of the parties of the United Nations Framework Convention  on
 Climate  Change adopted an agreement addressing greenhouse gas emissions
 mitigation, adaptation, and finance starting in the year 2020, known  as
 the  Paris  Agreement.  The  Paris  Agreement was adopted on November 4,
 2016, and is the largest  concerted  global  effort  to  combat  climate
 change to date.
   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

 S. 2992                             3                            A. 3876
 
 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
 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:

 S. 2992                             4                            A. 3876
 
   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,  increasing  energy efficiency from 2012 levels by 23% and the addi-
 tional expressed goal of  reducing  100%  of  the  electricity  sector's
 greenhouse gas emissions by 2040;
   e.  collaboration  with  other  states  on the Regional Greenhouse Gas
 Initiative, and the development of a regional low carbon fuel standard;
   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.
   § 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. STATEWIDE GREENHOUSE GAS EMISSIONS REPORT.
         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. CLIMATE JUSTICE WORKING GROUP.
         75-0115. IMPLEMENTATION REPORTING.
 § 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. "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.
   3.  "CO-POLLUTANTS"  MEANS HAZARDOUS AIR POLLUTANTS PRODUCED BY GREEN-
 HOUSE GAS EMISSIONS SOURCES.
   4. "COUNCIL" MEANS THE NEW YORK STATE CLIMATE  ACTION  COUNCIL  ESTAB-
 LISHED PURSUANT TO SECTION 75-0103 OF THIS ARTICLE.
   5.  "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR BURDENS OF
 NEGATIVE PUBLIC HEALTH  EFFECTS,  ENVIRONMENTAL  POLLUTION,  IMPACTS  OF

 S. 2992                             5                            A. 3876
 
 CLIMATE  CHANGE,  AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA, AS IDENTI-
 FIED PURSUANT TO SECTION 75-0113 OF THIS ARTICLE.
   6.  "EMISSIONS REDUCTION MEASURES" MEANS PROGRAMS, MEASURES AND STAND-
 ARDS, AUTHORIZED PURSUANT TO THIS  CHAPTER,  APPLICABLE  TO  SOURCES  OR
 CATEGORIES  OF  SOURCES, THAT ARE DESIGNED TO REDUCE EMISSIONS OF GREEN-
 HOUSE GASES.
   7. "GREENHOUSE GAS" MEANS  CARBON  DIOXIDE,  METHANE,  NITROUS  OXIDE,
 HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
 SUBSTANCE  EMITTED  INTO  THE  AIR THAT MAY BE REASONABLY ANTICIPATED TO
 CAUSE OR CONTRIBUTE TO ANTHROPOGENIC CLIMATE CHANGE.
   8. "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.
   9. "GREENHOUSE GAS EMISSION SOURCE" OR "SOURCE" MEANS ANY ANTHROPOGEN-
 IC SOURCE OR CATEGORY OF ANTHROPOGENIC SOURCES OF GREENHOUSE  GAS  EMIS-
 SIONS,  WITH  THE  EXCEPTION  OF  AGRICULTURAL EMISSIONS FROM LIVESTOCK,
 DETERMINED BY THE DEPARTMENT:
   A. THAT ITS PARTICIPATION IN THE PROGRAM WILL ENABLE THE DEPARTMENT TO
 EFFECTIVELY REDUCE GREENHOUSE GAS EMISSIONS; AND,
   B. TO BE CAPABLE OF BEING MONITORED FOR COMPLIANCE.
   10. "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.
   11. "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.
   12.  "STATEWIDE GREENHOUSE GAS EMISSIONS" MEANS THE TOTAL ANNUAL EMIS-
 SIONS OF GREENHOUSE GASES PRODUCED WITHIN THE STATE  FROM  ANTHROPOGENIC
 SOURCES  AND  GREENHOUSE  GASES  PRODUCED  OUTSIDE OF THE STATE THAT ARE
 ASSOCIATED WITH THE GENERATION OF ELECTRICITY IMPORTED  INTO  THE  STATE
 AND  THE  EXTRACTION  AND TRANSMISSION OF FOSSIL FUELS IMPORTED INTO THE
 STATE.  STATEWIDE EMISSIONS SHALL BE EXPRESSED IN TONS OF CARBON DIOXIDE
 EQUIVALENTS.
   13. "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.
   14. "ENVIRONMENTAL JUSTICE ADVISORY GROUP" SHALL  MEAN  THE  PERMANENT
 ENVIRONMENTAL  JUSTICE  ADVISORY  GROUP  ESTABLISHED BY A CHAPTER OF THE
 LAWS OF TWO THOUSAND NINETEEN AMENDING  THE  ENVIRONMENTAL  CONSERVATION
 LAW  RELATING TO ESTABLISHING A PERMANENT ENVIRONMENTAL JUSTICE ADVISORY
 GROUP AND AN ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL,  AS
 PROPOSED IN LEGISLATIVE BILL NUMBER A. 1564.
 § 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-FIVE 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  CHAIRPERSON OF THE PUBLIC SERVICE COMMISSION, THE
 SUPERINTENDENT OF FINANCIAL SERVICES, THE PRESIDENTS  OF  THE  NEW  YORK
 STATE  ENERGY  RESEARCH  AND DEVELOPMENT; NEW YORK POWER AUTHORITY; LONG

 S. 2992                             6                            A. 3876

 ISLAND POWER AUTHORITY; SECRETARY OF STATE, THE CHAIRMAN OF  THE  METRO-
 POLITAN TRANSPORTATION 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 ISSUES RELATING TO CLIMATE CHANGE MITIGATION AND/OR ADAPTA-
 TION, SUCH AS ENVIRONMENTAL JUSTICE, LABOR, PUBLIC HEALTH 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 CLIMATE  JUSTICE  WORKING  GROUP
 ESTABLISHED  IN SECTION 75-0113 OF THIS ARTICLE, THE DEPARTMENT OF STATE
 UTILITY INTERVENTION UNIT, AND THE FEDERALLY  DESIGNATED  ELECTRIC  BULK
 SYSTEM OPERATOR.
   10. THE COUNCIL SHALL ADVISE THE DEPARTMENT ON:
   A.  THE DEVELOPMENT OF STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS RULES
 AND REGULATIONS, PURSUANT TO SECTION 75-0107 OF THIS ARTICLE, AND  REGU-
 LATIONS TO ACHIEVE STATEWIDE GREENHOUSE GAS EMISSIONS REDUCTIONS, PURSU-
 ANT 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.
   11. THE COUNCIL SHALL IDENTIFY EXISTING CLIMATE CHANGE MITIGATION  AND
 ADAPTATION  EFFORTS AT THE FEDERAL, STATE, AND LOCAL LEVELS AND MAY MAKE
 RECOMMENDATIONS REGARDING HOW SUCH  POLICIES  MAY  IMPROVE  THE  STATE'S
 EFFORTS.
   12.  THE  COUNCIL SHALL MAINTAIN A WEBSITE THAT INCLUDES PUBLIC ACCESS
 TO THE SCOPING PLAN AND GREENHOUSE GAS LIMIT INFORMATION.
 § 75-0105. STATEWIDE GREENHOUSE GAS EMISSIONS REPORT.
   1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  ARTICLE,
 AND  EACH YEAR THEREAFTER, THE DEPARTMENT SHALL ISSUE A REPORT ON STATE-
 WIDE GREENHOUSE GAS EMISSIONS,  EXPRESSED  IN  TONS  OF  CARBON  DIOXIDE
 EQUIVALENTS,  FROM  ALL  GREENHOUSE  GAS  EMISSION SOURCES IN THE STATE,
 INCLUDING THE RELATIVE CONTRIBUTION OF EACH TYPE OF GREENHOUSE  GAS  AND
 EACH TYPE OF SOURCE TO THE STATEWIDE TOTAL.

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   2. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT SHALL BE A COMPREHEN-
 SIVE EVALUATION, INFORMED BY A VARIETY OF DATA, INCLUDING BUT NOT LIMIT-
 ED TO:
   A.  INFORMATION RELATING TO THE USE OF FOSSIL FUELS BY SECTOR, INCLUD-
 ING FOR  ELECTRICITY  GENERATION,  TRANSPORTATION,  HEATING,  AND  OTHER
 COMBUSTION PURPOSES;
   B.  INFORMATION RELATING TO FUGITIVE AND VENTED EMISSIONS FROM SYSTEMS
 ASSOCIATED WITH THE  PRODUCTION,  PROCESSING,  TRANSPORT,  DISTRIBUTION,
 STORAGE, AND CONSUMPTION OF FOSSIL FUELS, INCLUDING NATURAL GAS;
   C.  INFORMATION  RELATING  TO  EMISSIONS FROM NON-FOSSIL FUEL SOURCES,
 INCLUDING, BUT NOT LIMITED TO, GARBAGE INCINERATORS, BIOMASS COMBUSTION,
 LANDFILLS AND LANDFILL GAS GENERATORS, AND ANAEROBIC DIGESTERS;
   D. INFORMATION RELATING TO EMISSIONS  ASSOCIATED  WITH  MANUFACTURING,
 CHEMICAL  PRODUCTION,  CEMENT  PLANTS,  AND OTHER PROCESSES THAT PRODUCE
 NON-COMBUSTION EMISSIONS; AND
   E. INFORMATION FROM SOURCES THAT MAY BE REQUIRED TO PARTICIPATE IN THE
 REGISTRATION AND REPORTING SYSTEM PURSUANT TO SUBDIVISION FOUR  OF  THIS
 SECTION.
   3. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT SHALL ALSO INCLUDE AN
 ESTIMATE  OF  GREENHOUSE GAS EMISSIONS ASSOCIATED WITH THE GENERATION OF
 IMPORTED ELECTRICITY AND WITH THE EXTRACTION AND TRANSMISSION OF  FOSSIL
 FUELS  IMPORTED  INTO  THE  STATE  WHICH SHALL BE COUNTED AS PART OF THE
 STATEWIDE TOTAL.
   4. WITHIN ONE YEAR AFTER THE  EFFECTIVE  DATE  OF  THIS  ARTICLE,  THE
 DEPARTMENT  SHALL CONSIDER ESTABLISHING A MANDATORY REGISTRY AND REPORT-
 ING SYSTEM FROM INDIVIDUAL SOURCES TO  OBTAIN  DATA  ON  GREENHOUSE  GAS
 EMISSIONS  EXCEEDING A PARTICULAR THRESHOLD. IF ESTABLISHED, SUCH REGIS-
 TRY AND REPORTING SYSTEM SHALL APPLY A CONSISTENT REPORTING THRESHOLD TO
 ENSURE THE UNBIASED COLLECTION OF DATA.
   5. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT SHALL ALSO INCLUDE AN
 ESTIMATE OF WHAT THE STATEWIDE GREENHOUSE GAS  EMISSIONS  LEVEL  WAS  IN
 1990.
   6.  THE  STATEWIDE  GREENHOUSE GAS EMISSIONS REPORT SHALL UTILIZE BEST
 AVAILABLE SCIENCE AND METHODS OF ANALYSIS, INCLUDING THE COMPARISON  AND
 RECONCILIATION OF EMISSION ESTIMATES FROM ALL SOURCES, FUEL CONSUMPTION,
 FIELD DATA, AND PEER-REVIEWED RESEARCH.
   7. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT SHALL CLEARLY EXPLAIN
 THE  METHODOLOGY  AND ANALYSIS USED IN THE DEPARTMENT'S DETERMINATION OF
 GREENHOUSE GAS EMISSIONS AND SHALL INCLUDE A DETAILED EXPLANATION OF ANY
 CHANGES IN METHODOLOGY OR ANALYSIS, ADJUSTMENTS MADE TO PRIOR ESTIMATES,
 AS NEEDED, AND ANY OTHER INFORMATION NECESSARY TO ESTABLISH A  SCIENTIF-
 ICALLY CREDIBLE ACCOUNT OF CHANGE.
   8.  THE  DEPARTMENT  SHALL  HOLD  AT LEAST TWO PUBLIC HEARINGS TO SEEK
 PUBLIC INPUT REGARDING THE METHODOLOGY AND ANALYSIS USED IN THE DETERMI-
 NATION OF STATEWIDE GREENHOUSE GAS EMISSIONS, AND PERIODICALLY THEREAFT-
 ER.
 § 75-0107. STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS.
   1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  ARTICLE,
 THE  DEPARTMENT  SHALL,  PURSUANT  TO  RULES AND REGULATIONS PROMULGATED
 AFTER AT LEAST ONE PUBLIC HEARING, ESTABLISH A STATEWIDE GREENHOUSE  GAS
 EMISSIONS LIMIT AS A PERCENTAGE OF 1990 EMISSIONS, AS ESTIMATED PURSUANT
 TO SECTION 75-0105 OF THIS ARTICLE, AS FOLLOWS:
   A. 2020: 85% OF 1990 EMISSIONS.
   B. 2025: 65% OF 1990 EMISSIONS.
   C. 2030: 50% OF 1990 EMISSIONS.
   D. 2035: 35% OF 1990 EMISSIONS.

 S. 2992                             8                            A. 3876
 
   E. 2040: 20% OF 1990 EMISSIONS.
   F. 2045: 10% OF 1990 EMISSIONS.
   G. 2050: 0% OF 1990 EMISSIONS.
   2. GREENHOUSE GAS EMISSION LIMITS SHALL BE MEASURED IN UNITS OF CARBON
 DIOXIDE  EQUIVALENTS  AND  IDENTIFIED FOR EACH INDIVIDUAL TYPE OF GREEN-
 HOUSE GAS.
   3. 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.
 § 75-0109. SCOPING   PLAN   FOR   STATEWIDE   GREENHOUSE  GAS  EMISSIONS
              REDUCTIONS.
   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 CLIMATE JUSTICE
 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.

 S. 2992                             9                            A. 3876
 
   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
 (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.
 § 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  CLIMATE  JUSTICE
 WORKING  GROUP  ESTABLISHED PURSUANT TO SECTION 75-0113 OF THIS ARTICLE,
 REPRESENTATIVES OF REGULATED ENTITIES, COMMUNITY ORGANIZATIONS, ENVIRON-
 MENTAL GROUPS, HEALTH  PROFESSIONALS,  LABOR  UNIONS,  MUNICIPAL  CORPO-
 RATIONS, 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 GREEN-
 HOUSE  GAS EMISSION 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 MEASURES OR OTHER REQUIREMENTS TO CONTROL EMISSIONS FROM GREEN-
 HOUSE GAS EMISSION SOURCES.
   C.  INCLUDE  MEASURES TO REDUCE EMISSIONS FROM GREENHOUSE GAS EMISSION
 SOURCES THAT HAVE A CUMULATIVELY SIGNIFICANT IMPACT ON STATEWIDE  GREEN-
 HOUSE  GAS  EMISSIONS,  SUCH  AS  INTERNAL COMBUSTION VEHICLES THAT BURN
 GASOLINE OR DIESEL FUEL AND BOILERS OR FURNACES THAT BURN OIL OR NATURAL
 GAS.

 S. 2992                            10                            A. 3876
 
   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.
   A. THE DEPARTMENT MAY CONSIDER 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 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, AT A MINIMUM, FORTY PERCENT OF
 ANY FUNDS COLLECTED PURSUANT TO ANY MARKET-BASED COMPLIANCE  REGULATIONS
 PROMULGATED UNDER THIS SECTION AS A RESULT OF LEGISLATIVE AUTHORIZATION,
 FUNDS AUTHORIZED BY THE PUBLIC SERVICE COMMISSION TO BE COLLECTED SOLELY
 FOR  AND  DIRECTED TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY AND PROCEEDS COLLECTED BY THE NEW YORK STATE  ENERGY  RESEARCH
 AND  DEVELOPMENT  AUTHORITY  FROM  THE AUCTION OR SALE OF CARBON DIOXIDE
 EMISSION ALLOWANCES ALLOCATED BY THE DEPARTMENT 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, WEATHERIZATION, ZERO- AND LOW-EMISSION TRANS-
 PORTATION,  AND  ADAPTATION OPPORTUNITIES.  THE DEPARTMENT SHALL CONSULT
 WITH THE CLIMATE JUSTICE WORKING GROUP IN DEVELOPING  AND  CARRYING  OUT
 SUCH INVESTMENTS.
 § 75-0113. CLIMATE JUSTICE WORKING GROUP.
   1.  THERE  IS  HEREBY CREATED WITHIN THE DEPARTMENT, NO LATER THAN SIX
 MONTHS AFTER THE EFFECTIVE DATE OF  THIS  ARTICLE,  A  "CLIMATE  JUSTICE
 WORKING  GROUP". SUCH WORKING GROUP WILL BE COMPRISED OF REPRESENTATIVES
 FROM: ENVIRONMENTAL JUSTICE COMMUNITIES, THE DEPARTMENT, THE  DEPARTMENT

 S. 2992                            11                            A. 3876

 OF HEALTH, THE NEW YORK STATE ENERGY AND RESEARCH DEVELOPMENT AUTHORITY,
 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 CONSULTATION WITH THE DEPARTMENT, THE DEPART-
 MENTS OF HEALTH AND LABOR, THE NEW YORK STATE ENERGY AND RESEARCH DEVEL-
 OPMENT  AUTHORITY,  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.
   C.  DISADVANTAGED COMMUNITIES SHALL BE IDENTIFIED BASED ON GEOGRAPHIC,
 PUBLIC HEALTH, ENVIRONMENTAL HAZARD, AND SOCIOECONOMIC  CRITERIA,  WHICH
 SHALL INCLUDE BUT ARE NOT LIMITED TO:
   (I)  AREAS  BURDENED  BY  CUMULATIVE ENVIRONMENTAL POLLUTION AND OTHER
 HAZARDS THAT CAN LEAD TO NEGATIVE PUBLIC HEALTH EFFECTS;
   (II) 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
   (III) 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
 CLIMATE  JUSTICE  WORKING GROUP SHALL REVIEW IDENTITIES OF DISADVANTAGED
 COMMUNITIES AND MODIFY SUCH IDENTITIES AS NEEDED.
 § 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.

 S. 2992                            12                            A. 3876

   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
 CO-POLLUTANTS  RELATED  TO  REDUCTIONS IN STATEWIDE AND LOCAL GREENHOUSE
 GAS EMISSIONS.
   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 NINETEEN 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 CLIMATE JUSTICE WORKING  GROUP  ESTAB-
 LISHED IN SECTION 75-0113 OF THIS ARTICLE.
   4.  THE  REPORT  SHALL  BE  PUBLISHED  AND  POSTED ON THE DEPARTMENT'S
 WEBSITE.
   § 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.
   § 4. The public service law is amended by adding a new section 66-p to
 read as follows:
   § 66-P. ESTABLISHMENT OF A RENEWABLE ENERGY PROGRAM.   1. AS  USED  IN
 THIS SECTION:
   (A)  "LOAD  SERVING  ENTITY"  MEANS  ANY ENTITY THAT SECURES ENERGY TO
 SERVE THE ELECTRICAL ENERGY REQUIREMENTS OF  END-USE  CUSTOMERS  IN  NEW
 YORK 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 TWENTY, THE COMMISSION
 SHALL ESTABLISH A PROGRAM TO REQUIRE THAT A MINIMUM OF FIFTY PERCENT  OF
 THE  STATEWIDE  ELECTRIC  GENERATION SECURED BY LOAD SERVING ENTITIES TO
 MEET THE ELECTRICAL ENERGY REQUIREMENTS OF ALL END-USE CUSTOMERS IN  NEW

 S. 2992                            13                            A. 3876
 
 YORK STATE IN TWO THOUSAND THIRTY SHALL BE GENERATED BY RENEWABLE ENERGY
 SYSTEMS.
   THE COMMISSION SHALL SET ANNUAL MINIMUM PERCENTAGE LEVELS OF ELECTRIC-
 ITY  GENERATED  BY  RENEWABLE  ENERGY  SYSTEMS  AND DELIVERED TO END-USE
 CUSTOMERS IN NEW YORK STATE FOR EACH YEAR OF THE PROGRAM.
   3. NO LATER THAN JULY FIRST, TWO THOUSAND  TWENTY-ONE  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 IN MEETING THE OVERALL ANNUAL TARGETS
 FOR DEPLOYMENT OF RENEWABLE ENERGY SYSTEMS; (B) DISTRIBUTION OF  SYSTEMS
 BY  SIZE  AND LOAD ZONE; AND (C) ANNUAL FUNDING COMMITMENTS AND EXPENDI-
 TURES. THE COMMISSION SHALL  EVALUATE  THE  ANNUAL  TARGETS  ESTABLISHED
 PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION AND DETERMINE WHETHER THE
 ANNUAL TARGETS SHOULD BE ACCELERATED, INCREASED OR EXTENDED, TAKING INTO
 CONSIDERATION LOAD MODIFICATIONS ASSOCIATED WITH, BUT  NOT  LIMITED  TO,
 ENERGY  EFFICIENCY  MEASURES  AND THE ELECTRIFICATION OF TRANSPORTATION,
 HEATING SYSTEMS AND INDUSTRIAL PROCESSES.
   4. THE COMMISSION MAY TEMPORARILY SUSPEND OR  MODIFY  THE  OBLIGATIONS
 UNDER  SUCH  PROGRAM  PROVIDED  THAT  THE COMMISSION, AFTER CONDUCTING 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  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.
   § 5. Section 1005 of the public authorities law is amended by adding a
 new subdivision 26 to read as follows:
   26.  RENEWABLE ENERGY PROGRAM. AS DEEMED FEASIBLE AND ADVISABLE BY THE
 TRUSTEES, NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY, THE AUTHORI-
 TY SHALL SECURE ENERGY TO SERVE THE ELECTRICAL  ENERGY  REQUIREMENTS  OF
 ITS END-USE CUSTOMERS IN ACCORDANCE WITH THE RENEWABLE ENERGY PROGRAM AS
 SET FORTH AND DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   §  6.  Sections 1020-kk, 1020-ll and 1020-ll of the public authorities
 law, 1020-kk and 1020-ll as renumbered by chapter 520  of  the  laws  of
 2018,  and 1020-ll as renumbered by chapter 415 of the laws of 2017, are
 renumbered sections 1020-xx, 1020-yy  and  1020-zz  and  a  new  section
 1020-kk is added to read as follows:
   § 1020-KK.  RENEWABLE ENERGY PROGRAM. THE AUTHORITY AND ALL LOAD SERV-
 ING  ENTITIES THAT SECURE ENERGY TO SERVE THE ELECTRICAL ENERGY REQUIRE-
 MENTS OF END-USE CUSTOMERS IN ITS SERVICE TERRITORY  SHALL  COMPLY  WITH
 THE  RENEWABLE ENERGY PROGRAM AS SET FORTH AND DEFINED IN SECTION SIXTY-
 SIX-P OF THE PUBLIC SERVICE LAW.
   § 6-a. Subdivision 1 of section 1020-s of the public authorities  law,
 as  amended  by  chapter  415 of the laws of 2017, is amended to read as
 follows:

 S. 2992                            14                            A. 3876
 
   1. The rates, services  and  practices  relating  to  the  electricity
 generated  by facilities owned or operated by the authority shall not be
 subject to the provisions of the public service law or to regulation by,
 or the jurisdiction of, the public service  commission,  except  to  the
 extent (a) article seven of the public service law applies to the siting
 and operation of a major utility transmission facility as defined there-
 in,  (b)  article  ten of such law applies to the siting of a generating
 facility as defined therein, (c) section eighteen-a of such law provides
 for assessment for certain costs, property or  operations,  (d)  to  the
 extent that the department of public service reviews and makes recommen-
 dations with respect to the operations and provision of services of, and
 rates  and  budgets  established  by,  the authority pursuant to section
 three-b of such law, [and] (e) that section seventy-four of  the  public
 service  law  applies  to  qualified  energy  storage systems within the
 authority's jurisdiction AND (F) THAT SECTION SIXTY-SIX-P OF THE  PUBLIC
 SERVICE  LAW  APPLIES  TO  THE  AUTHORITY AND LOAD SERVING ENTITIES THAT
 SECURE ENERGY TO SERVE THE ELECTRICAL  ENERGY  REQUIREMENTS  OF  END-USE
 CUSTOMERS WITHIN THE AUTHORITY'S JURISDICTION.
   §  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.
   § 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
 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,

 S. 2992                            15                            A. 3876
 
 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,
 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

 S. 2992                            16                            A. 3876
 
 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.
   § 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 climate justice working group as
 defined  in  section  75-0113  of the environmental conservation law and
 Climate Action Council established in article 75  of  the  environmental
 conservation  law,  and  following  at  least two public hearings, shall
 prepare a report on barriers to, and opportunities  for,  access  to  or
 community  ownership of the following services and commodities in disad-
 vantaged 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
 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.
   § 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-

 S. 2992                            17                            A. 3876
 
 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 identify alternatives or green-
 house  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 5 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 5 of section 75-0101 of the environmental
 conservation law.
   § 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.
   § 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:
   § 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
 PEAK TEMPERATURES, CHANGES IN AVERAGE  AND  PEAK  PRECIPITATION,  PUBLIC
 HEALTH IMPACTS, AND IMPACTS ON SPECIES AND OTHER NATURAL RESOURCES.
   (B)  IDENTIFYING  THE  MOST  SIGNIFICANT CLIMATE-RELATED RISKS, TAKING
 INTO ACCOUNT THE PROBABILITY OF OCCURRENCE, THE MAGNITUDE OF THE  POTEN-
 TIAL 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.
   § 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

 S. 2992                            18                            A. 3876
 
 ON  DISADVANTAGED  COMMUNITIES, AND/OR NATURAL RESOURCES IN THE VICINITY
 OF THE PROJECT.
   §  12.  Nothing  in  this  act shall limit the existing authority of a
 state entity to adopt and implement greenhouse gas  emissions  reduction
 measures.
   §  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.
   §  14.  Review under this act may be had in a proceeding under article
 78 of the civil practice law and rules at the  instance  of  any  person
 aggrieved.
   §  15. 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.
   § 16. This act shall take effect on the same  date  and  in  the  same
 manner  as  a  chapter  of  the laws of 2019, amending the environmental
 conservation law, relating to  establishing  a  permanent  environmental
 justice  advisory group and an environmental justice interagency coordi-
 nating council, as proposed in legislative bill number  A.  1564,  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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2992--A                                            A. 3876--A
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             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
 
 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 -- 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
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05372-07-9

 S. 2992--A                          2                         A. 3876--A
 
   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
 services  to  the  citizens  of  New York, including the state's energy,
 transportation, stormwater, and wastewater infrastructure.
   2. a. The severity of current climate change and the threat  of  addi-
 tional and more severe change will be affected by the actions undertaken
 by  New York and other jurisdictions to reduce greenhouse gas emissions.
 According to the U.S. Global Change Research Program  (USGCRP)  and  the
 Intergovernmental 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.
   b. On December 12, 2015, one hundred ninety-five countries at the 21st
 Conference  of the parties of the United Nations Framework Convention on
 Climate Change adopted an agreement addressing greenhouse gas  emissions
 mitigation,  adaptation, and finance starting in the year 2020, known as
 the Paris Agreement. The Paris Agreement  was  adopted  on  November  4,
 2016,  and  is  the  largest  concerted  global effort to combat climate
 change to date.
   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

 S. 2992--A                          3                         A. 3876--A

 levels by the year 2050, with an incremental target of  at  least  a  40
 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
 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

 S. 2992--A                          4                         A. 3876--A
 
 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 70% of electricity from renewable sourc-
 es, increasing energy efficiency from 2012 levels by 23% and  the  addi-
 tional  expressed  goal  of  reducing  100%  of the electricity sector's
 greenhouse gas emissions by 2040;
   e. collaboration with other states  on  the  Regional  Greenhouse  Gas
 Initiative, and the development of a regional low carbon fuel standard;
   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.
   §  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. STATEWIDE GREENHOUSE GAS EMISSIONS REPORT.
         75-0107. STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS.
         75-0109. PROMULGATION OF REGULATIONS TO ACHIEVE STATEWIDE GREEN-
                    HOUSE GAS EMISSIONS REDUCTIONS.
         75-0111. CLIMATE JUSTICE WORKING GROUP.
         75-0113. VALUE OF CARBON.
         75-0115. COMMUNITY AIR MONITORING PROGRAM.
         75-0117. INVESTMENT OF FUNDS.
         75-0119. IMPLEMENTATION REPORTING.

 S. 2992--A                          5                         A. 3876--A

 § 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.  "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.
   3. "CO-POLLUTANTS" MEANS HAZARDOUS AIR POLLUTANTS PRODUCED  BY  GREEN-
 HOUSE GAS EMISSIONS SOURCES.
   4.  "COUNCIL"  MEANS  THE NEW YORK STATE CLIMATE ACTION COUNCIL ESTAB-
 LISHED PURSUANT TO SECTION 75-0103 OF THIS ARTICLE.
   5. "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR BURDENS  OF
 NEGATIVE  PUBLIC  HEALTH  EFFECTS,  ENVIRONMENTAL  POLLUTION, IMPACTS OF
 CLIMATE CHANGE, AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA, OR  COMPRISE
 HIGH-CONCENTRATIONS  OF LOW- AND MODERATE- INCOME HOUSEHOLDS, AS IDENTI-
 FIED PURSUANT TO SECTION 75-0111 OF THIS ARTICLE.
   6. "EMISSIONS REDUCTION MEASURES" MEANS PROGRAMS, MEASURES AND  STAND-
 ARDS,  AUTHORIZED  PURSUANT  TO  THIS  CHAPTER, APPLICABLE TO SOURCES OR
 CATEGORIES OF SOURCES, THAT ARE DESIGNED TO REDUCE EMISSIONS  OF  GREEN-
 HOUSE GASES.
   7.  "GREENHOUSE  GAS"  MEANS  CARBON  DIOXIDE, METHANE, NITROUS OXIDE,
 HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
 SUBSTANCE EMITTED INTO THE AIR THAT MAY  BE  REASONABLY  ANTICIPATED  TO
 CAUSE OR CONTRIBUTE TO ANTHROPOGENIC CLIMATE CHANGE.
   8.  "GREENHOUSE  GAS EMISSION LIMIT" MEANS THE MAXIMUM ALLOWABLE LEVEL
 OF STATEWIDE GREENHOUSE GAS EMISSIONS, IN A SPECIFIED YEAR, EXPRESSED IN
 TONS OF CARBON DIOXIDE  EQUIVALENT,  AS  DETERMINED  BY  THE  DEPARTMENT
 PURSUANT TO THIS ARTICLE.
   9. "GREENHOUSE GAS EMISSION OFFSET" MEANS A DEDUCTION REPRESENTING ONE
 METRIC  TON OF CARBON DIOXIDE EQUIVALENT EMISSIONS, REDUCED, AVOIDED, OR
 SEQUESTERED BY A GREENHOUSE GAS EMISSION OFFSET PROJECT FROM A  MEASURED
 BASELINE OF EMISSIONS PURSUANT TO THE STATEWIDE GREENHOUSE GAS EMISSIONS
 REPORT.
   10.  "GREENHOUSE  GAS  EMISSION  OFFSET  PROJECTS"  MEANS  ONE OR MORE
 PROJECTS, INCLUDING:
   A. NATURAL CARBON SINKS INCLUDING BUT NOT  LIMITED  TO  AFFORESTATION,
 REFORESTATION, OR WETLANDS RESTORATION;
   B. GREENING INFRASTRUCTURE;
   C. RESTORATION AND SUSTAINABLE MANAGEMENT OF NATURAL AND URBAN FORESTS
 OR WORKING LANDS, GRASSLANDS, COASTAL WETLANDS AND SUB-TIDAL HABITATS;
   D.  EFFORTS TO REDUCE HYDROFLUOROCARBON REFRIGERANT, SULFUR HEXAFLUOR-
 IDE, AND OTHER OZONE DEPLETING SUBSTANCE RELEASES;
   E. ANAEROBIC DIGESTERS,  WHERE  ENERGY  PRODUCED  IS  DIRECTED  TOWARD
 LOCALIZED USE;
   F. CARBON CAPTURE AND SEQUESTRATION;
   G. ECOSYSTEM RESTORATION; AND
   H.  OTHER TYPES OF PROJECTS RECOMMENDED BY THE COUNCIL IN CONSULTATION
 WITH THE CLIMATE JUSTICE WORKING GROUP THAT PROVIDE  PUBLIC  HEALTH  AND
 ENVIRONMENTAL  BENEFITS,  AND  DO  NOT  CREATE  BURDENS IN DISADVANTAGED
 COMMUNITIES.
   11. "GREENHOUSE GAS EMISSION SOURCE" OR "SOURCE" MEANS  ANY  ANTHROPO-
 GENIC  SOURCE  OR  CATEGORY  OF  ANTHROPOGENIC SOURCES OF GREENHOUSE GAS
 EMISSIONS, DETERMINED BY THE DEPARTMENT:

 S. 2992--A                          6                         A. 3876--A
 
   A. WHOSE PARTICIPATION IN THE PROGRAM WILL ENABLE  THE  DEPARTMENT  TO
 EFFECTIVELY REDUCE GREENHOUSE GAS EMISSIONS; AND,
   B. THAT ARE 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. "STATEWIDE GREENHOUSE GAS EMISSIONS" MEANS THE TOTAL ANNUAL  EMIS-
 SIONS  OF  GREENHOUSE GASES PRODUCED WITHIN THE STATE FROM ANTHROPOGENIC
 SOURCES AND GREENHOUSE GASES PRODUCED OUTSIDE  OF  THE  STATE  THAT  ARE
 ASSOCIATED  WITH  THE  GENERATION OF ELECTRICITY IMPORTED INTO THE STATE
 AND THE EXTRACTION AND TRANSMISSION OF FOSSIL FUELS  IMPORTED  INTO  THE
 STATE.  STATEWIDE EMISSIONS SHALL BE EXPRESSED IN TONS OF CARBON DIOXIDE
 EQUIVALENTS.
   14. "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.
   15.  "ENVIRONMENTAL  JUSTICE  ADVISORY GROUP" SHALL MEAN THE PERMANENT
 ENVIRONMENTAL JUSTICE ADVISORY GROUP ESTABLISHED BY  A  CHAPTER  OF  THE
 LAWS  OF  TWO  THOUSAND NINETEEN AMENDING THE ENVIRONMENTAL CONSERVATION
 LAW RELATING TO ESTABLISHING A PERMANENT ENVIRONMENTAL JUSTICE  ADVISORY
 GROUP  AND AN ENVIRONMENTAL JUSTICE INTERAGENCY COORDINATING COUNCIL, AS
 PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 2385 AND A. 1564.
 § 75-0103. NEW YORK STATE CLIMATE ACTION COUNCIL.
   1. THERE IS HEREBY ESTABLISHED THE NEW YORK STATE CLIMATE ACTION COUN-
 CIL ("COUNCIL") WHICH SHALL CONSIST OF THE FOLLOWING TWENTY-TWO MEMBERS:
   A. THE COMMISSIONERS OF TRANSPORTATION, HEALTH, ECONOMIC  DEVELOPMENT,
 AGRICULTURE  AND  MARKETS,  HOUSING AND COMMUNITY RENEWAL, ENVIRONMENTAL
 CONSERVATION, LABOR, THE CHAIRPERSON OF THE PUBLIC  SERVICE  COMMISSION,
 THE  PRESIDENTS  OF  THE  NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY; NEW YORK POWER AUTHORITY; LONG ISLAND  POWER  AUTHORITY;  THE
 SECRETARY OF STATE, OR THEIR DESIGNEES.
   B. TWO NON-AGENCY EXPERT MEMBERS APPOINTED BY THE GOVERNOR;
   C.  THREE  MEMBERS  TO  BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
 SENATE;
   D. THREE 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 ISSUES RELATING TO CLIMATE CHANGE MITIGATION AND/OR ADAPTA-
 TION, SUCH AS ENVIRONMENTAL JUSTICE, LABOR, PUBLIC HEALTH 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  CO-CHAIRPERSONS  OF  THE COUNCIL SHALL BE THE COMMISSIONER OF
 ENVIRONMENTAL CONSERVATION AND THE PRESIDENT OF THE NEW YORK STATE ENER-
 GY RESEARCH AND DEVELOPMENT AUTHORITY OR THEIR DESIGNEE.
   5. EACH MEMBER OF THE COUNCIL SHALL BE ENTITLED TO ONE VOTE. THE COUN-
 CIL'S APPROVAL AND ADOPTION OF THE FINAL SCOPING PLAN PURSUANT  TO  THIS
 SECTION,  AND  ANY  SUBSEQUENT  INTERIM UPDATES THERETO, SHALL REQUIRE A
 SUPERMAJORITY OF THE COUNCIL. NO ACTION MAY  BE  TAKEN  BY  THE  COUNCIL
 UNLESS  THERE IS A QUORUM, WHICH SHALL AT ALL TIMES BE A MAJORITY OF THE
 MEMBERS OF THE COUNCIL.

 S. 2992--A                          7                         A. 3876--A
 
   6. ANY VACANCIES ON THE COUNCIL SHALL BE FILLED IN THE MANNER PROVIDED
 FOR THE INITIAL APPOINTMENT.
   7.  THE COUNCIL SHALL CONVENE ADVISORY PANELS REQUIRING SPECIAL EXPER-
 TISE AND, AT A MINIMUM, SHALL ESTABLISH ADVISORY PANELS  ON  TRANSPORTA-
 TION,  ENERGY INTENSIVE AND TRADE-EXPOSED INDUSTRIES, LAND-USE AND LOCAL
 GOVERNMENT, ENERGY EFFICIENCY AND HOUSING, POWER GENERATION,  AND  AGRI-
 CULTURE  AND  FORESTRY.   THE PURPOSE OF THE ADVISORY PANELS SHALL BE TO
 PROVIDE RECOMMENDATIONS TO THE COUNCIL ON SPECIFIC TOPICS, IN ITS PREPA-
 RATION OF THE SCOPING PLAN, AND INTERIM UPDATES TO THE SCOPING PLAN, AND
 IN FULFILLING THE COUNCIL'S ONGOING DUTIES.
   A. EACH ADVISORY PANEL SHALL BE CHAIRED BY THE RELEVANT AGENCY HEAD OR
 HIS OR HER DESIGNEE.  THE COUNCIL MAY CONVENE  AND  DISSOLVE  ADDITIONAL
 ADVISORY  PANELS,  IN  ITS SOLE DISCRETION, AND PURSUANT TO THE REQUIRE-
 MENTS HEREIN.
   B. ADVISORY PANELS SHALL BE COMPRISED OF NO  FEWER  THAN  FIVE  VOTING
 MEMBERS.    THE  COUNCIL  SHALL  ELECT  ADVISORY PANEL MEMBERS, AND SUCH
 MEMBERSHIP SHALL AT ALL TIMES REPRESENT INDIVIDUALS WITH DIRECT INVOLVE-
 MENT OR EXPERTISE IN MATTERS TO BE  ADDRESSED  BY  THE  ADVISORY  PANELS
 PURSUANT TO THIS SECTION.
   C.  ADVISORY PANELS SHALL WORK DIRECTLY WITH THE COUNCIL ON THE PREPA-
 RATION OF THE SCOPING PLAN PURSUANT TO THIS SECTION. EACH ADVISORY PANEL
 SHALL COORDINATE WITH  THE  ENVIRONMENTAL  JUSTICE  ADVISORY  GROUP  AND
 CLIMATE JUSTICE WORKING GROUP.
   D.  ALL  AGENCIES  OF  THE  STATE  OR SUBDIVISIONS THEREOF MAY, AT THE
 REQUEST OF ANY SUCH ADVISORY PANEL OR THE COUNCIL, PROVIDE THE  ADVISORY
 PANEL WITH SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE ADVISORY
 PANELS TO CARRY OUT THEIR POWERS AND DUTIES.
   8.  THE  COUNCIL  SHALL  CONVENE  A JUST TRANSITION WORKING GROUP. THE
 WORKING GROUP SHALL BE CHAIRED BY THE  COMMISSIONER  OF  LABOR  AND  THE
 PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
 TY  AND  SHALL CONSIST OF NO LESS THAN THIRTEEN, BUT NO MORE THAN SEVEN-
 TEEN MEMBERS AND SHALL INCLUDE THE COMMISSIONERS OF HOUSING AND COMMUNI-
 TY  RENEWAL,  THE  CHAIR  OF   THE   DEPARTMENT   OF   PUBLIC   SERVICE,
 REPRESENTATIVES OF ENVIRONMENTAL JUSTICE COMMUNITIES AND REPRESENTATIVES
 OF LABOR ORGANIZATIONS, CLEAN ENERGY DEVELOPERS AND AT LEAST FIVE REPRE-
 SENTATIVES OF DISTINCT ENERGY-INTENSIVE INDUSTRIES.  THE JUST TRANSITION
 WORKING GROUP SHALL:
   A. ADVISE THE COUNCIL ON ISSUES AND OPPORTUNITIES FOR WORKFORCE DEVEL-
 OPMENT  AND  TRAINING  RELATED  TO ENERGY EFFICIENCY MEASURES, RENEWABLE
 ENERGY AND OTHER CLEAN  ENERGY  TECHNOLOGIES,  WITH  SPECIFIC  FOCUS  ON
 TRAINING  AND WORKFORCE OPPORTUNITIES FOR DISADVANTAGED COMMUNITIES, AND
 SEGMENTS OF THE POPULATION THAT MAY BE  UNDERREPRESENTED  IN  THE  CLEAN
 ENERGY  WORKFORCE  SUCH  AS  VETERANS,  WOMEN  AND FORMERLY INCARCERATED
 PERSONS;
   B. IDENTIFY ENERGY-INTENSIVE INDUSTRIES AND RELATED TRADES AND IDENTI-
 FY SECTOR SPECIFIC IMPACTS OF THE STATE'S CURRENT WORKFORCE AND  AVENUES
 TO  MAXIMIZE  THE  SKILLS AND EXPERTISE OF NEW YORK STATE WORKERS IN THE
 NEW ENERGY ECONOMY;
   C. IDENTIFY SITES OF ELECTRIC GENERATING FACILITIES THAT MAY BE CLOSED
 AS A RESULT OF A TRANSITION TO A CLEAN ENERGY SECTOR AND THE ISSUES  AND
 OPPORTUNITIES PRESENTED BY REUSE OF THOSE SITES;
   D. WITH RESPECT TO POTENTIAL FOR GREENHOUSE GAS EMISSION LIMITS DEVEL-
 OPED  BY  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO THIS
 ARTICLE, ADVISE THE COUNCIL ON THE POTENTIAL IMPACTS OF  CARBON  LEAKAGE
 RISK  ON NEW YORK STATE INDUSTRIES AND LOCAL HOST COMMUNITIES, INCLUDING

 S. 2992--A                          8                         A. 3876--A
 
 THE IMPACT OF ANY POTENTIAL CARBON REDUCTION MEASURES  ON  THE  COMPETI-
 TIVENESS OF NEW YORK STATE BUSINESS AND INDUSTRY;
   E.  ADVISE  THE  COUNCIL AND CONDUCT STAKEHOLDER OUTREACH ON ANY OTHER
 WORKFORCE MATTERS DIRECTED BY THE COUNCIL; AND
   F. AT A TIME FRAME DETERMINED BY  THE  COUNCIL,  PREPARE  AND  PUBLISH
 RECOMMENDATIONS  TO  THE  COUNCIL ON HOW TO ADDRESS: ISSUES AND OPPORTU-
 NITIES RELATED TO THE ENERGY-INTENSIVE AND TRADE-EXPOSED ENTITIES; WORK-
 FORCE DEVELOPMENT FOR TRADE-EXPOSED ENTITIES, DISADVANTAGED  COMMUNITIES
 AND  UNDERREPRESENTED  SEGMENTS  OF THE POPULATION; MEASURES TO MINIMIZE
 THE CARBON LEAKAGE RISK AND MINIMIZE ANTI-COMPETITIVENESS IMPACTS OF ANY
 POTENTIAL CARBON POLICIES AND ENERGY SECTOR MANDATES.
   G. THE  JUST  TRANSITIONS  WORKING  GROUP  IS  HEREBY  AUTHORIZED  AND
 DIRECTED TO CONDUCT A STUDY OF AND REPORT ON:
   I.  THE  NUMBER OF JOBS CREATED TO COUNTER CLIMATE CHANGE, WHICH SHALL
 INCLUDE BUT NOT BE LIMITED TO THE ENERGY SECTOR, BUILDING SECTOR, TRANS-
 PORTATION SECTOR, AND WORKING LANDS SECTOR;
   II. THE PROJECTION OF THE INVENTORY OF JOBS NEEDED AND THE SKILLS  AND
 TRAINING  REQUIRED TO MEET THE DEMAND OF JOBS TO COUNTER CLIMATE CHANGE;
 AND
   III. WORKFORCE DISRUPTION DUE TO  COMMUNITY  TRANSITIONS  FROM  A  LOW
 CARBON ECONOMY.
   9.  THE  DEPARTMENT  AND  NYSERDA  NEW  YORK STATE ENERGY RESEARCH AND
 DEVELOPMENT AUTHORITY 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 CO-CHAIRPERSONS, PROVIDE THE
 COUNCIL WITH SUCH FACILITIES, ASSISTANCE, AND DATA AS  WILL  ENABLE  THE
 COUNCIL TO CARRY OUT ITS POWERS AND DUTIES.
   10.  THE  COUNCIL SHALL CONSULT WITH THE CLIMATE JUSTICE WORKING GROUP
 ESTABLISHED IN SECTION 75-0111 OF THIS ARTICLE, THE DEPARTMENT OF  STATE
 UTILITY  INTERVENTION  UNIT,  AND THE FEDERALLY DESIGNATED ELECTRIC BULK
 SYSTEM OPERATOR.
   11. THE COUNCIL SHALL ON OR BEFORE TWO YEARS OF THE EFFECTIVE DATE  OF
 THIS ARTICLE, PREPARE AND APPROVE A SCOPING PLAN OUTLINING THE RECOMMEN-
 DATIONS  FOR  ATTAINING THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS IN
 ACCORDANCE WITH THE SCHEDULE ESTABLISHED  IN  SECTION  75-0107  OF  THIS
 ARTICLE WHICH SHALL INFORM THE STATE ENERGY PLANNING BOARD'S ADOPTION OF
 A  STATE ENERGY PLAN IN ACCORDANCE WITH SECTION 6-104 OF THE ENERGY LAW.
 THE FIRST STATE ENERGY PLAN ISSUED SUBSEQUENT TO COMPLETION OF THE SCOP-
 ING PLAN REQUIRED BY THIS SECTION SHALL INCORPORATE THE  RECOMMENDATIONS
 OF THE COUNCIL.
   12. THE DRAFT SCOPING PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE
 ENVIRONMENTAL  JUSTICE  ADVISORY  GROUP, AND THE CLIMATE JUSTICE WORKING
 GROUP ESTABLISHED PURSUANT TO SECTION 75-0111 OF THIS ARTICLE AND  OTHER
 STAKEHOLDERS.
   A.  THE  COUNCIL SHALL HOLD AT LEAST SIX REGIONAL PUBLIC COMMENT HEAR-
 INGS ON THE DRAFT SCOPING PLAN, 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 COUNCIL  SHALL  PROVIDE  MEANINGFUL  OPPORTUNITIES  FOR  PUBLIC
 COMMENT  FROM ALL SEGMENTS OF THE POPULATION WHO WILL BE IMPACTED BY THE
 PLAN, INCLUDING PERSONS LIVING IN DISADVANTAGED COMMUNITIES  AS  IDENTI-
 FIED PURSUANT TO SECTION 75-0111 OF THIS ARTICLE.
   C.  ON  OR BEFORE THIRTY MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE,
 THE COUNCIL SHALL SUBMIT THE FINAL SCOPING PLAN  TO  THE  GOVERNOR,  THE

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

 SPEAKER  OF  THE  ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE AND
 POST SUCH PLAN ON ITS WEBSITE.
   13.  THE SCOPING PLAN SHALL IDENTIFY AND MAKE RECOMMENDATIONS ON REGU-
 LATORY 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. MEASURES  TO  REDUCE  EMISSIONS  FROM  THE  ELECTRICITY  SECTOR  BY
 DISPLACING  FOSSIL-FUEL  FIRED ELECTRICITY WITH RENEWABLE ELECTRICITY OR
 ENERGY EFFICIENCY.
   C. LAND-USE AND TRANSPORTATION PLANNING  MEASURES  AIMED  AT  REDUCING
 GREENHOUSE GAS EMISSIONS FROM MOTOR VEHICLES.
   D.  MEASURES  TO ACHIEVE LONG-TERM CARBON SEQUESTRATION AND/OR PROMOTE
 BEST MANAGEMENT PRACTICES IN LAND USE, AGRICULTURE AND FORESTRY.
   E. MEASURES TO ACHIEVE  SIX  GIGAWATTS  OF  DISTRIBUTED  SOLAR  ENERGY
 CAPACITY  INSTALLED IN THE STATE BY TWO THOUSAND TWENTY-FIVE, NINE GIGA-
 WATTS OF OFFSHORE WIND CAPACITY INSTALLED BY TWO THOUSAND THIRTY-FIVE, A
 STATEWIDE ENERGY EFFICIENCY GOAL OF  ONE  HUNDRED  EIGHTY-FIVE  TRILLION
 BRITISH THERMAL UNITS ENERGY REDUCTION FROM THE TWO THOUSAND TWENTY-FIVE
 FORECAST;  AND  THREE  GIGAWATTS OF STATEWIDE ENERGY STORAGE CAPACITY BY
 TWO THOUSAND THIRTY.
   F. MEASURES TO PROMOTE THE BENEFICIAL ELECTRIFICATION OF PERSONAL  AND
 FREIGHT  TRANSPORT  AND  OTHER STRATEGIES TO REDUCE GREENHOUSE GAS EMIS-
 SIONS FROM THE TRANSPORTATION SECTOR.
   G. MEASURES TO ACHIEVE REDUCTIONS IN ENERGY USE IN  EXISTING  RESIDEN-
 TIAL  OR  COMMERCIAL BUILDINGS, INCLUDING THE BENEFICIAL ELECTRIFICATION
 OF WATER AND SPACE HEATING IN BUILDINGS,  ESTABLISHING  APPLIANCE  EFFI-
 CIENCY  STANDARDS, STRENGTHENING BUILDING ENERGY CODES, REQUIRING ANNUAL
 BUILDING ENERGY  BENCHMARKING,  DISCLOSING  ENERGY  EFFICIENCY  IN  HOME
 SALES, AND EXPANDING THE ABILITY OF STATE FACILITIES TO UTILIZE PERFORM-
 ANCE CONTRACTING.
   H. RECOMMENDATIONS TO AID IN THE TRANSITION OF THE STATE WORKFORCE AND
 THE RAPIDLY EMERGING CLEAN ENERGY INDUSTRY.
   I.  MEASURES  TO  ACHIEVE  HEALTHY  FORESTS THAT SUPPORT CLEAN AIR AND
 WATER, BIODIVERSITY, AND SEQUESTER CARBON.
   J. MEASURES TO LIMIT THE USE OF CHEMICALS, SUBSTANCES OR PRODUCTS THAT
 CONTRIBUTE TO GLOBAL CLIMATE CHANGE WHEN RELEASED TO THE ATMOSPHERE, BUT
 ARE NOT INTENDED FOR END-USE COMBUSTION.
   K. MECHANISMS TO LIMIT EMISSION  LEAKAGE  AS  DEFINED  IN  SUBDIVISION
 ELEVEN OF SECTION 75-0101 OF THIS ARTICLE.
   L. VERIFIABLE, ENFORCEABLE AND VOLUNTARY EMISSIONS REDUCTION MEASURES.
   14. IN DEVELOPING SUCH PLAN THE COUNCIL SHALL:
   A.  CONSIDER  ALL  RELEVANT  INFORMATION  PERTAINING TO GREENHOUSE GAS
 EMISSIONS REDUCTION PROGRAMS IN STATES  IN  THE  UNITED  STATES  CLIMATE
 ALLIANCE, AS WELL AS 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 COUNCIL SHALL QUANTIFY:
   I.  THE  ECONOMIC  AND  SOCIAL  BENEFITS  OF  GREENHOUSE GAS EMISSIONS
 REDUCTIONS, TAKING INTO ACCOUNT THE VALUE OF CARBON, ESTABLISHED BY  THE
 DEPARTMENT  PURSUANT TO SECTION 75-0113 OF THIS ARTICLE, ANY OTHER TOOLS

 S. 2992--A                         10                         A. 3876--A
 
 THAT THE COUNCIL DEEMS USEFUL AND PERTINENT FOR THIS ANALYSIS,  AND  ANY
 ENVIRONMENTAL,  ECONOMIC  AND  PUBLIC  HEALTH  CO-BENEFITS  (SUCH AS THE
 REDUCTION OF CO-POLLUTANTS AND THE DIVERSIFICATION OF  ENERGY  SOURCES);
 AND
   II.  THE  COSTS OF IMPLEMENTING PROPOSED EMISSIONS REDUCTION MEASURES,
 AND THE EMISSIONS REDUCTIONS  THAT  THE  COUNCIL  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 75-0111 OF THIS ARTICLE.
   15. THE COUNCIL 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.
   16. THE COUNCIL SHALL IDENTIFY EXISTING CLIMATE CHANGE MITIGATION  AND
 ADAPTATION  EFFORTS AT THE FEDERAL, STATE, AND LOCAL LEVELS AND MAY MAKE
 RECOMMENDATIONS REGARDING HOW SUCH  POLICIES  MAY  IMPROVE  THE  STATE'S
 EFFORTS.
   17.  THE  COUNCIL SHALL MAINTAIN A WEBSITE THAT INCLUDES PUBLIC ACCESS
 TO THE SCOPING PLAN AND GREENHOUSE GAS LIMIT INFORMATION.
 § 75-0105. STATEWIDE GREENHOUSE GAS EMISSIONS REPORT.
   1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  ARTICLE,
 AND  EACH YEAR THEREAFTER, THE DEPARTMENT SHALL ISSUE A REPORT ON STATE-
 WIDE GREENHOUSE GAS EMISSIONS,  EXPRESSED  IN  TONS  OF  CARBON  DIOXIDE
 EQUIVALENTS,  FROM  ALL  GREENHOUSE  GAS  EMISSION SOURCES IN THE STATE,
 INCLUDING THE RELATIVE CONTRIBUTION OF EACH TYPE OF GREENHOUSE  GAS  AND
 EACH TYPE OF SOURCE TO THE STATEWIDE TOTAL.
   2. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT SHALL BE A COMPREHEN-
 SIVE EVALUATION, INFORMED BY A VARIETY OF DATA, INCLUDING BUT NOT LIMIT-
 ED TO:
   A.  INFORMATION RELATING TO THE USE OF FOSSIL FUELS BY SECTOR, INCLUD-
 ING FOR  ELECTRICITY  GENERATION,  TRANSPORTATION,  HEATING,  AND  OTHER
 COMBUSTION PURPOSES;
   B.  INFORMATION RELATING TO FUGITIVE AND VENTED EMISSIONS FROM SYSTEMS
 ASSOCIATED WITH THE  PRODUCTION,  PROCESSING,  TRANSPORT,  DISTRIBUTION,
 STORAGE, AND CONSUMPTION OF FOSSIL FUELS, INCLUDING NATURAL GAS;
   C.  INFORMATION  RELATING  TO  EMISSIONS FROM NON-FOSSIL FUEL SOURCES,
 INCLUDING, BUT NOT LIMITED TO, GARBAGE INCINERATORS, BIOMASS COMBUSTION,
 LANDFILLS AND LANDFILL GAS GENERATORS, AND ANAEROBIC DIGESTERS;
   D. INFORMATION RELATING TO EMISSIONS  ASSOCIATED  WITH  MANUFACTURING,
 CHEMICAL  PRODUCTION,  CEMENT  PLANTS,  AND OTHER PROCESSES THAT PRODUCE
 NON-COMBUSTION EMISSIONS; AND
   E. INFORMATION FROM SOURCES THAT MAY BE REQUIRED TO PARTICIPATE IN THE
 REGISTRATION AND REPORTING SYSTEM PURSUANT TO SUBDIVISION FOUR  OF  THIS
 SECTION.
   3. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT SHALL ALSO INCLUDE AN
 ESTIMATE  OF  GREENHOUSE GAS EMISSIONS ASSOCIATED WITH THE GENERATION OF
 IMPORTED ELECTRICITY AND WITH THE EXTRACTION AND TRANSMISSION OF  FOSSIL
 FUELS  IMPORTED  INTO  THE  STATE  WHICH SHALL BE COUNTED AS PART OF THE
 STATEWIDE TOTAL.

 S. 2992--A                         11                         A. 3876--A
 
   4. WITHIN ONE YEAR AFTER THE  EFFECTIVE  DATE  OF  THIS  ARTICLE,  THE
 DEPARTMENT  SHALL CONSIDER ESTABLISHING A MANDATORY REGISTRY AND REPORT-
 ING SYSTEM FROM INDIVIDUAL SOURCES TO  OBTAIN  DATA  ON  GREENHOUSE  GAS
 EMISSIONS  EXCEEDING A PARTICULAR THRESHOLD. IF ESTABLISHED, SUCH REGIS-
 TRY AND REPORTING SYSTEM SHALL APPLY A CONSISTENT REPORTING THRESHOLD TO
 ENSURE THE UNBIASED COLLECTION OF DATA.
   5. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT SHALL ALSO INCLUDE AN
 ESTIMATE  OF  WHAT  THE  STATEWIDE GREENHOUSE GAS EMISSIONS LEVEL WAS IN
 1990.
   6. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT  SHALL  UTILIZE  BEST
 AVAILABLE  SCIENCE AND METHODS OF ANALYSIS, INCLUDING THE COMPARISON AND
 RECONCILIATION OF EMISSION ESTIMATES FROM ALL SOURCES, FUEL CONSUMPTION,
 FIELD DATA, AND PEER-REVIEWED RESEARCH.
   7. THE STATEWIDE GREENHOUSE GAS EMISSIONS REPORT SHALL CLEARLY EXPLAIN
 THE METHODOLOGY AND ANALYSIS USED IN THE DEPARTMENT'S  DETERMINATION  OF
 GREENHOUSE GAS EMISSIONS AND SHALL INCLUDE A DETAILED EXPLANATION OF ANY
 CHANGES IN METHODOLOGY OR ANALYSIS, ADJUSTMENTS MADE TO PRIOR ESTIMATES,
 AS  NEEDED, AND ANY OTHER INFORMATION NECESSARY TO ESTABLISH A SCIENTIF-
 ICALLY CREDIBLE ACCOUNT OF CHANGE.
   8. THE DEPARTMENT SHALL HOLD AT LEAST  TWO  PUBLIC  HEARINGS  TO  SEEK
 PUBLIC INPUT REGARDING THE METHODOLOGY AND ANALYSIS USED IN THE DETERMI-
 NATION OF STATEWIDE GREENHOUSE GAS EMISSIONS, AND PERIODICALLY THEREAFT-
 ER.
 § 75-0107. STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS.
   1.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
 THE DEPARTMENT SHALL, PURSUANT  TO  RULES  AND  REGULATIONS  PROMULGATED
 AFTER  AT LEAST ONE PUBLIC HEARING, ESTABLISH A STATEWIDE GREENHOUSE GAS
 EMISSIONS LIMIT AS A PERCENTAGE OF 1990 EMISSIONS, AS ESTIMATED PURSUANT
 TO SECTION 75-0105 OF THIS ARTICLE, AS FOLLOWS:
   A. 2030: 60% OF 1990 EMISSIONS.
   B. 2040: 35% OF 1990 EMISSIONS.
   C. 2050: 15% OF 1990 EMISSIONS.
   2. GREENHOUSE GAS EMISSION LIMITS SHALL BE MEASURED IN UNITS OF CARBON
 DIOXIDE EQUIVALENTS AND IDENTIFIED FOR EACH INDIVIDUAL  TYPE  OF  GREEN-
 HOUSE GAS.
   3.  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.
   4. IN ORDER TO COMPLY WITH  THE  STATEWIDE  GREENHOUSE  GAS  EMISSIONS
 LIMITS  PROMULGATED  PURSUANT  TO THIS SECTION, A SOURCE MAY UTILIZE THE
 ALTERNATIVE COMPLIANCE MECHANISM  ESTABLISHED  PURSUANT  TO  SUBDIVISION
 FOUR OF SECTION 75-0109 OF THIS ARTICLE. THE USE OF SUCH MECHANISM SHALL
 BE IN ACCORDANCE WITH THE PROVISIONS OF THAT SUBDIVISION.
 § 75-0109. 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 CLIMATE JUSTICE
 WORKING GROUP ESTABLISHED PURSUANT TO SECTION 75-0111 OF  THIS  ARTICLE,
 REPRESENTATIVES OF REGULATED ENTITIES, COMMUNITY ORGANIZATIONS, ENVIRON-
 MENTAL  GROUPS,  HEALTH  PROFESSIONALS,  LABOR  UNIONS, MUNICIPAL CORPO-
 RATIONS, TRADE ASSOCIATIONS AND OTHER STAKEHOLDERS, SHALL, AFTER NO LESS
 THAN TWO PUBLIC HEARINGS, PROMULGATE RULES  AND  REGULATIONS  TO  ENSURE

 S. 2992--A                         12                         A. 3876--A
 
 COMPLIANCE  WITH  THE STATEWIDE EMISSIONS REDUCTION LIMITS AND WORK WITH
 OTHER STATE AGENCIES AND AUTHORITIES TO PROMULGATE REGULATIONS  REQUIRED
 BY  SECTION TEN OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT
 ADDED THIS ARTICLE.
   2.  THE  REGULATIONS  PROMULGATED  BY  THE DEPARTMENT PURSUANT TO THIS
 SECTION SHALL:
   A. ENSURE THAT THE AGGREGATE EMISSIONS OF GREENHOUSE GASES FROM GREEN-
 HOUSE GAS EMISSION 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 MEASURES OR OTHER REQUIREMENTS TO CONTROL EMISSIONS FROM GREEN-
 HOUSE GAS EMISSION SOURCES.
   C. REFLECT, IN SUBSTANTIAL PART, THE  FINDINGS  OF  THE  SCOPING  PLAN
 PREPARED PURSUANT TO SECTION 75-0103 OF THIS ARTICLE.
   D.  INCLUDE  MEASURES TO REDUCE EMISSIONS FROM GREENHOUSE GAS EMISSION
 SOURCES THAT HAVE A CUMULATIVELY SIGNIFICANT IMPACT ON STATEWIDE  GREEN-
 HOUSE  GAS  EMISSIONS,  SUCH  AS  INTERNAL COMBUSTION VEHICLES THAT BURN
 GASOLINE OR DIESEL FUEL AND BOILERS OR FURNACES THAT BURN OIL OR NATURAL
 GAS.
   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 75-0111 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 75-0111 OF THIS ARTICLE AND ENCOURAGE  EARLY  ACTION
 TO REDUCE GREENHOUSE GAS EMISSIONS AND CO-POLLUTANTS.
   E. MINIMIZE LEAKAGE.
   4. A. THE DEPARTMENT MAY ESTABLISH AN ALTERNATIVE COMPLIANCE MECHANISM
 TO  BE  USED  BY  SOURCES  SUBJECT TO GREENHOUSE GAS EMISSIONS LIMITS TO
 ACHIEVE COMPLIANCE WITH THEIR GREENHOUSE GAS EMISSIONS LIMITS.
   B. THE USE OF SUCH  MECHANISM  SHALL  ACCOUNT  FOR  NOT  GREATER  THAN
 FIFTEEN  PERCENT  OF  STATEWIDE  GREENHOUSE GAS EMISSIONS ESTIMATED AS A
 PERCENTAGE OF NINETEEN NINETY EMISSIONS PURSUANT TO SECTION  75-0105  OF
 THIS  ARTICLE,  PROVIDED  THAT  THE  USE OF THIS MECHANISM MUST OFFSET A
 QUANTITY GREATER THAN OR EQUAL TO  THE  GREENHOUSE  GASES  EMITTED.  THE
 OFFSET  OF  GREENHOUSE  GAS  EMISSIONS SHALL NOT RESULT IN DISADVANTAGED
 COMMUNITIES HAVING TO BEAR A DISPROPORTIONATE  BURDEN  OF  ENVIRONMENTAL
 IMPACTS.
   C.  THE  DEPARTMENT  SHALL  VERIFY THAT GREENHOUSE GAS EMISSION OFFSET
 PROJECTS AUTHORIZED PURSUANT TO THIS  SUBDIVISION  REPRESENT  GREENHOUSE
 GAS  EQUIVALENT  EMISSION  REDUCTIONS  OR  CARBON SEQUESTRATION THAT ARE
 REAL, ADDITIONAL, VERIFIABLE, ENFORCEABLE, AND PERMANENT.
   D. ANY GREENHOUSE GAS EMISSIONS OFFSET PROJECT SHALL COMPLY  WITH  ALL
 OF THE REQUIREMENTS OF THIS SUBDIVISION.
   E.  THE  DEPARTMENT  SHALL ESTABLISH AN APPLICATION PROCESS THAT, AT A
 MINIMUM, REQUIRES A SOURCE TO SUFFICIENTLY DEMONSTRATE  THAT  COMPLIANCE
 WITH  THE  GREENHOUSE GAS EMISSIONS LIMITS IS NOT TECHNOLOGICALLY FEASI-
 BLE, AND THAT THE SOURCE HAS REDUCED EMISSIONS  TO  THE  MAXIMUM  EXTENT
 PRACTICABLE.  AFTER  AN  INITIAL  FOUR YEAR PERIOD, THE DEPARTMENT SHALL

 S. 2992--A                         13                         A. 3876--A
 
 REVIEW THE PARTICIPATION OF A SOURCE  IN  THIS  MECHANISM,  AND  MAKE  A
 DETERMINATION  AS  TO  THE  SOURCE'S  CONTINUED  NEED FOR AN ALTERNATIVE
 COMPLIANCE, CONSIDERING THE EXTENT TO WHICH THE SOURCE IS UTILIZING  THE
 BEST AVAILABLE TECHNOLOGY STANDARDS.
   F.  SOURCES IN THE ELECTRIC GENERATION SECTOR SHALL NOT BE ELIGIBLE TO
 PARTICIPATE IN SUCH MECHANISM.
   G. THE FOLLOWING TYPES OF PROJECTS SHALL BE PROHIBITED:
   I. WASTE-TO-ENERGY PROJECTS, INCLUDING INCINERATION AND PYROLYSIS; AND
   II. BIOFUELS USED FOR ENERGY OR TRANSPORTATION PURPOSES.
   H. ANY GREENHOUSE GAS EMISSION OFFSET PROJECT APPROVED BY THE  DEPART-
 MENT SHALL:
   I.  BE  DESIGNED  TO  PROVIDE A DISCERNABLE BENEFIT TO THE ENVIRONMENT
 RATHER THAN TO THE SOURCE;
   II. BE LOCATED IN THE  SAME  COUNTY,  AND  WITHIN  TWENTY-FIVE  LINEAR
 MILES, OF THE SOURCE OF EMISSIONS, TO THE EXTENT PRACTICABLE;
   III.  ENHANCE  THE  CONDITIONS  OF  THE  ECOSYSTEM  OR GEOGRAPHIC AREA
 ADVERSELY AFFECTED; AND
   IV. SUBSTANTIALLY REDUCE OR  PREVENT  THE  GENERATION  OR  RELEASE  OF
 POLLUTANTS THROUGH SOURCE REDUCTION.
   I.  A  GREENHOUSE GAS EMISSION OFFSET PROJECT SHALL NOT BE APPROVED BY
 THE DEPARTMENT WHERE THE PROJECT:
   I. IS REQUIRED PURSUANT TO ANY LOCAL,  STATE  OR  FEDERAL  LAW,  REGU-
 LATION, OR ADMINISTRATIVE OR JUDICIAL ORDER;
   II.  CONTAINS  MEASURES  WHICH THE SOURCE WOULD HAVE UNDERTAKEN ANYWAY
 WITHIN THE NEXT FIVE YEARS;
   III. CONTRIBUTES TO ENVIRONMENTAL RESEARCH AT A COLLEGE OR UNIVERSITY;
 OR
   IV. IS A STUDY OR ASSESSMENT WITHOUT A  COMMITMENT  TO  IMPLEMENT  THE
 RESULTS.
   J.  IN  APPROVING GREENHOUSE GAS EMISSION OFFSET PROJECTS, THE DEPART-
 MENT SHALL PRIORITIZE PROJECTS THAT MAXIMIZE PUBLIC HEALTH AND  ENVIRON-
 MENTAL  BENEFITS  WITHIN  THE STATE AND ESPECIALLY LOCALIZED BENEFITS IN
 DISADVANTAGED COMMUNITIES, DEFINED PURSUANT TO SECTION 75-0111  OF  THIS
 ARTICLE.
   K.  THE DEPARTMENT SHALL ESTABLISH A PUBLIC REGISTRY OF GREENHOUSE GAS
 EMISSION OFFSET PROJECTS APPROVED PURSUANT TO THIS SUBDIVISION.
   L. PRIOR TO THE INCLUSION OF ANY ALTERNATIVE 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. CONSULT WITH THE COUNCIL, THE ENVIRONMENTAL JUSTICE ADVISORY GROUP,
 AND THE CLIMATE JUSTICE WORKING GROUP;
   II.  CONSIDER THE POTENTIAL FOR DIRECT, INDIRECT, AND CUMULATIVE EMIS-
 SION IMPACTS FROM THIS MECHANISM, INCLUDING LOCALIZED IMPACTS IN  DISAD-
 VANTAGED  COMMUNITIES  AS IDENTIFIED PURSUANT TO SECTION 75-0111 OF THIS
 ARTICLE;
   III. DESIGN  THE  ALTERNATIVE  COMPLIANCE  MECHANISM  TO  PREVENT  ANY
 INCREASE IN THE EMISSIONS OF CO-POLLUTANTS; AND
   IV.  MAXIMIZE  ADDITIONAL  ENVIRONMENTAL,  PUBLIC HEALTH, AND ECONOMIC
 BENEFITS FOR THE STATE  AND  FOR  DISADVANTAGED  COMMUNITIES  IDENTIFIED
 PURSUANT TO SECTION 75-0111 OF THIS ARTICLE, AS APPROPRIATE.
 § 75-0111. CLIMATE JUSTICE WORKING GROUP.
   1.  THERE IS HEREBY CREATED, NO LATER THAN SIX MONTHS AFTER THE EFFEC-
 TIVE DATE OF THIS ARTICLE, A "CLIMATE JUSTICE WORKING GROUP". SUCH WORK-
 ING GROUP WILL  BE  COMPRISED  OF  REPRESENTATIVES  FROM:  ENVIRONMENTAL
 JUSTICE  COMMUNITIES,  THE DEPARTMENT, THE DEPARTMENT OF HEALTH, THE NEW

 S. 2992--A                         14                         A. 3876--A
 
 YORK STATE ENERGY AND RESEARCH DEVELOPMENT AUTHORITY, 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 CONSULTATION WITH THE DEPARTMENT, THE DEPART-
 MENTS OF HEALTH AND LABOR, THE NEW YORK STATE ENERGY AND RESEARCH DEVEL-
 OPMENT  AUTHORITY,  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.
   C.  DISADVANTAGED COMMUNITIES SHALL BE IDENTIFIED BASED ON GEOGRAPHIC,
 PUBLIC HEALTH, ENVIRONMENTAL HAZARD, AND SOCIOECONOMIC  CRITERIA,  WHICH
 SHALL INCLUDE BUT ARE NOT LIMITED TO:
   I.  AREAS  BURDENED  BY  CUMULATIVE  ENVIRONMENTAL POLLUTION AND OTHER
 HAZARDS THAT CAN LEAD TO NEGATIVE PUBLIC HEALTH EFFECTS;
   II. 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
   III. 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
 CLIMATE JUSTICE WORKING GROUP SHALL REVIEW IDENTITIES  OF  DISADVANTAGED
 COMMUNITIES AND MODIFY SUCH IDENTITIES AS NEEDED.
 § 75-0113. VALUE OF CARBON.
   1.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
 THE DEPARTMENT, IN CONSULTATION WITH THE NEW YORK STATE ENERGY  RESEARCH
 AND  DEVELOPMENT  AUTHORITY, SHALL ESTABLISH A SOCIAL COST OF CARBON FOR
 USE BY STATE AGENCIES, EXPRESSED IN TERMS OF DOLLARS PER TON  OF  CARBON
 DIOXIDE EQUIVALENT.
   2. THE SOCIAL COST OF CARBON SHALL SERVE AS A MONETARY ESTIMATE OF THE
 VALUE  OF  NOT EMITTING A TON OF GREENHOUSE GAS EMISSIONS. AS DETERMINED
 BY THE DEPARTMENT, THE SOCIAL COST OF CARBON MAY BE  BASED  ON  MARGINAL

 S. 2992--A                         15                         A. 3876--A
 
 GREENHOUSE GAS ABATEMENT COSTS OR ON THE GLOBAL ECONOMIC, ENVIRONMENTAL,
 AND  SOCIAL  IMPACTS  OF EMITTING A MARGINAL TON OF GREENHOUSE GAS EMIS-
 SIONS INTO THE ATMOSPHERE, UTILIZING A  RANGE  OF  APPROPRIATE  DISCOUNT
 RATES, INCLUDING A RATE OF ZERO.
   3.  IN  DEVELOPING  THE  SOCIAL  COST  OF CARBON, THE DEPARTMENT SHALL
 CONSIDER PRIOR OR EXISTING ESTIMATES OF THE SOCIAL COST OF CARBON ISSUED
 OR ADOPTED BY THE FEDERAL GOVERNMENT, APPROPRIATE INTERNATIONAL  BODIES,
 OR OTHER APPROPRIATE AND REPUTABLE SCIENTIFIC ORGANIZATIONS.
 § 75-0115. COMMUNITY AIR MONITORING PROGRAM.
   1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS AND RELATED
 PROVISIONS SHALL APPLY:
   A. "COMMUNITY AIR MONITORING SYSTEM" MEANS ADVANCED SENSING MONITORING
 EQUIPMENT  THAT MEASURES AND RECORDS AIR POLLUTANT CONCENTRATIONS IN THE
 AMBIENT AIR AT OR NEAR SENSITIVE  RECEPTOR  LOCATIONS  IN  DISADVANTAGED
 COMMUNITIES.
   B. "DISADVANTAGED COMMUNITY" MEANS A COMMUNITY IDENTIFIED AS DISADVAN-
 TAGED  PURSUANT  TO  THE  CRITERIA  SET FORTH IN SECTION 75-0111 OF THIS
 ARTICLE.
   C. "SENSITIVE RECEPTORS" INCLUDES  HOSPITALS,  SCHOOLS  AND  DAY  CARE
 CENTERS, AND SUCH OTHER LOCATIONS AS THE DEPARTMENT MAY DETERMINE.
   2. A. ON OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY-ONE, THE DEPART-
 MENT  SHALL  PREPARE,  IN  CONSULTATION WITH THE CLIMATE JUSTICE WORKING
 GROUP, A PROGRAM DEMONSTRATING COMMUNITY AIR MONITORING SYSTEMS.
   B. THE PROGRAM SHALL IDENTIFY THE HIGHEST PRIORITY LOCATIONS IN DISAD-
 VANTAGED COMMUNITIES AROUND THE STATE TO DEPLOY COMMUNITY AIR MONITORING
 SYSTEMS, WHICH SHALL  BE  COMMUNITIES  WITH  POTENTIALLY  HIGH  EXPOSURE
 BURDENS  FOR  TOXIC  AIR  CONTAMINANTS  AND CRITERIA AIR POLLUTANTS. THE
 PROGRAM SHALL BE UNDERTAKEN IN NO LESS THAN FOUR  COMMUNITIES  STATEWIDE
 WITH REGIONAL CONSIDERATION.
   C.  THE  DEPARTMENT SHALL PUBLISH THE AIR QUALITY DATA PRODUCED BY THE
 COMMUNITY AIR MONITORING SYSTEMS DEPLOYED PURSUANT TO  THIS  SECTION  ON
 ITS WEBSITE AS IT BECOMES AVAILABLE.
   3.  ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-THREE, THE DEPARTMENT
 SHALL PREPARE, IN CONSULTATION WITH THE CLIMATE JUSTICE WORKING GROUP, A
 STRATEGY TO REDUCE EMISSIONS OF TOXIC AIR CONTAMINANTS AND CRITERIA  AIR
 POLLUTANTS  IN  DISADVANTAGED  COMMUNITIES AFFECTED BY A HIGH CUMULATIVE
 EXPOSURE BURDEN. THE STRATEGY SHALL INCLUDE CRITERIA FOR THE DEVELOPMENT
 OF COMMUNITY EMISSION REDUCTION PROGRAMS. THE CRITERIA PRESENTED IN  THE
 STRATEGY SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:
   A.  AN  ASSESSMENT AND IDENTIFICATION OF COMMUNITIES WITH HIGH CUMULA-
 TIVE EXPOSURE BURDENS FOR TOXIC AIR CONTAMINANTS AND CRITERIA AIR POLLU-
 TANTS.
   B. A METHODOLOGY FOR ASSESSING AND IDENTIFYING THE CONTRIBUTING SOURC-
 ES OR CATEGORIES OF SOURCES, INCLUDING, BUT NOT LIMITED  TO,  STATIONARY
 AND  MOBILE  SOURCES,  AND AN ESTIMATE OF THEIR RELATIVE CONTRIBUTION TO
 ELEVATED EXPOSURE TO AIR POLLUTION IN  IMPACTED  COMMUNITIES  IDENTIFIED
 PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION.
   C.  AN  ASSESSMENT OF THE EXISTING AND AVAILABLE MEASURES FOR REDUCING
 EMISSIONS FROM THE CONTRIBUTING SOURCES OR CATEGORIES OF SOURCES IDENTI-
 FIED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION.
   4. A. BASED ON THE  ASSESSMENT  AND  IDENTIFICATION  OF  DISADVANTAGED
 COMMUNITIES  WITH HIGH CUMULATIVE EXPOSURE BURDENS FOR TOXIC AIR CONTAM-
 INANTS AND CRITERIA AIR POLLUTANTS COMPLETED PURSUANT TO PARAGRAPH A  OF
 SUBDIVISION THREE OF THIS SECTION, THE DEPARTMENT SHALL SELECT DISADVAN-
 TAGED  COMMUNITIES  AROUND  THE STATE FOR PREPARATION OF COMMUNITY EMIS-

 S. 2992--A                         16                         A. 3876--A
 
 SIONS REDUCTION PROGRAMS. THE DEPARTMENT MAY SELECT ADDITIONAL LOCATIONS
 ANNUALLY THEREAFTER, AS APPROPRIATE.
   B. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ADOPT REGULATIONS ESTAB-
 LISHING  PROGRAMS  TO  ACHIEVE  EMISSIONS  REDUCTIONS  FOR THE LOCATIONS
 SELECTED USING THE MOST COST-EFFECTIVE MEASURES IDENTIFIED  PURSUANT  TO
 PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION.
 § 75-0117. INVESTMENT OF FUNDS.
   THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE  NEW  YORK  STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY, SHALL ESTABLISH A GOAL OF INVESTING,
 IN A MANNER  THAT  WILL  BENEFIT  DISADVANTAGED  COMMUNITIES  IDENTIFIED
 PURSUANT  TO SECTION 75-0111 OF THIS ARTICLE, NO LESS THAN FORTY PERCENT
 OF ANY FUNDS COLLECTED PURSUANT TO ANY ALTERNATIVE COMPLIANCE  MECHANISM
 AUTHORIZED  PURSUANT TO THIS ARTICLE, ANY FUNDS AUTHORIZED BY THE PUBLIC
 SERVICE COMMISSION TO BE COLLECTED SOLELY FOR AND DIRECTED  TO  THE  NEW
 YORK  STATE  RESEARCH AND DEVELOPMENT AUTHORITY, AND ANY FUNDS COLLECTED
 BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY FROM THE
 AUCTION OR SALE OF CARBON DIOXIDE EMISSION ALLOWANCES ALLOCATED  BY  THE
 DEPARTMENT;  PROVIDED  HOWEVER,  SUCH  INVESTMENTS SHALL BE NO LESS THAN
 THIRTY-FIVE PERCENT OF ANY SUCH FUNDS. SUCH FUNDS SHALL BE INVESTED,  IN
 A  MANNER  CONSISTENT  WITH THE PURPOSES OF THIS ARTICLE, INCLUDING, BUT
 NOT LIMITED TO INCREASED ACCESS TO RENEWABLE ENERGY, ENERGY  EFFICIENCY,
 WEATHERIZATION,  ZERO-  AND  LOW-EMISSION TRANSPORTATION, AND ADAPTATION
 OPPORTUNITIES. THE DEPARTMENT  AND  AUTHORITY  SHALL  CONSULT  WITH  THE
 CLIMATE  JUSTICE  WORKING  GROUP  IN  DEVELOPING  AND  CARRYING OUT SUCH
 INVESTMENTS.
 § 75-0119. 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.
   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 75-0111 OF THIS ARTICLE.
   G.  AN  ASSESSMENT  OF LOCAL BENEFITS AND IMPACTS OF ANY REDUCTIONS IN
 CO-POLLUTANTS RELATED TO REDUCTIONS IN STATEWIDE  AND  LOCAL  GREENHOUSE
 GAS EMISSIONS.
   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 NINETEEN WHICH ADDED THIS  ARTI-
 CLE.

 S. 2992--A                         17                         A. 3876--A
 
   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 CLIMATE JUSTICE WORKING  GROUP  ESTAB-
 LISHED IN SECTION 75-0111 OF THIS ARTICLE.
   4.  THE  REPORT  SHALL  BE  PUBLISHED  AND  POSTED ON THE DEPARTMENT'S
 WEBSITE.
   § 3. Paragraphs f and g of subdivision 1 of  section  54-1523  of  the
 environmental conservation law, as added by section 5 of part U of chap-
 ter  58  of the laws of 2016, are amended and a new paragraph h is added
 to read as follows:
   f. enabling communities to become certified under  the  climate  smart
 communities  program, including by developing natural resources invento-
 ries, right sizing of municipal fleets and developing climate adaptation
 strategies; [and]
   g. climate change adaptation planning and supporting studies,  includ-
 ing  but  not  limited  to vulnerability assessment and risk analysis of
 municipal drinking water,  wastewater,  and  transportation  infrastruc-
 ture[.]; AND
   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.
   § 4. The public service law is amended by adding a new section 66-p to
 read as follows:
   § 66-P. ESTABLISHMENT OF A RENEWABLE ENERGY PROGRAM.   1. AS  USED  IN
 THIS SECTION:
   (A)  "LOAD  SERVING  ENTITY"  MEANS  ANY ENTITY THAT SECURES ENERGY TO
 SERVE THE ELECTRICAL ENERGY REQUIREMENTS OF  END-USE  CUSTOMERS  IN  NEW
 YORK 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 JULY FIRST, TWO THOUSAND TWENTY, THE COMMISSION SHALL
 ESTABLISH  A PROGRAM TO REQUIRE THAT A MINIMUM OF SEVENTY PERCENT OF THE
 STATEWIDE ELECTRIC GENERATION SECURED BY LOAD SERVING ENTITIES  TO  MEET
 THE  ELECTRICAL ENERGY REQUIREMENTS OF ALL END-USE CUSTOMERS IN NEW YORK
 STATE IN TWO THOUSAND THIRTY SHALL  BE  GENERATED  BY  RENEWABLE  ENERGY
 SYSTEMS.
   THE COMMISSION SHALL SET ANNUAL MINIMUM PERCENTAGE LEVELS OF ELECTRIC-
 ITY  GENERATED  BY  RENEWABLE  ENERGY  SYSTEMS  AND DELIVERED TO END-USE
 CUSTOMERS IN NEW YORK STATE FOR EACH YEAR OF THE PROGRAM, PROVIDED  THAT
 THE PROGRAM ACHIEVE THE FOLLOWING INCREMENTAL MINIMUM PERCENTAGE LEVELS:
   (A) THIRTY-EIGHT PERCENT BY TWO THOUSAND TWENTY-TWO;
   (B) FORTY-SIX PERCENT BY TWO THOUSAND TWENTY-FOUR;
   (C) FIFTY-FOUR PERCENT BY TWO THOUSAND TWENTY-SIX;
   (D) SIXTY-TWO PERCENT BY TWO THOUSAND TWENTY-EIGHT; AND
   (E) SEVENTY PERCENT BY TWO THOUSAND THIRTY.

 S. 2992--A                         18                         A. 3876--A
 
   3.  NO  LATER  THAN  JULY FIRST, TWO THOUSAND TWENTY-ONE 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 IN MEETING THE OVERALL ANNUAL AND
 INCREMENTAL TARGETS FOR DEPLOYMENT  OF  RENEWABLE  ENERGY  SYSTEMS;  (B)
 DISTRIBUTION  OF  SYSTEMS  BY SIZE AND LOAD ZONE; AND (C) ANNUAL FUNDING
 COMMITMENTS AND EXPENDITURES. THE COMMISSION SHALL EVALUATE  THE  ANNUAL
 AND  INCREMENTAL TARGETS ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION AND DETERMINE WHETHER THE ANNUAL AND INCREMENTAL TARGETS  SHOULD
 BE  ACCELERATED,  INCREASED  OR EXTENDED, TAKING INTO CONSIDERATION LOAD
 MODIFICATIONS ASSOCIATED WITH, BUT NOT  LIMITED  TO,  ENERGY  EFFICIENCY
 MEASURES  AND THE ELECTRIFICATION OF TRANSPORTATION, HEATING SYSTEMS AND
 INDUSTRIAL PROCESSES.
   4. THE COMMISSION MAY TEMPORARILY SUSPEND OR  MODIFY  THE  OBLIGATIONS
 UNDER  SUCH  PROGRAM  PROVIDED  THAT  THE COMMISSION, AFTER CONDUCTING 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  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.
   6. NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE  COMMISSION
 SHALL  ESTABLISH PROGRAMS TO REQUIRE THE PROCUREMENT BY THE STATE'S LOAD
 SERVING ENTITIES OF AT LEAST:
   (A) NINE GIGAWATTS OF OFFSHORE WIND ELECTRIC GENERATION BY  TWO  THOU-
 SAND THIRTY-FIVE;
   (B)  SIX GIGAWATTS OF DISTRIBUTED PHOTOVOLTAIC SOLAR GENERATION BY TWO
 THOUSAND TWENTY-FIVE;
   (C) THREE GIGAWATTS OF STATEWIDE ENERGY STORAGE CAPACITY BY TWO  THOU-
 SAND THIRTY; AND
   (D)  ONE HUNDRED EIGHTY-FIVE TRILLION BRITISH THERMAL UNITS OF END-USE
 ENERGY SAVINGS BELOW THE TWO THOUSAND TWENTY-FIVE ENERGY-USE FORECAST.
   7. IN THE ALLOCATION OF RATEPAYER FUNDS FOR CLEAN ENERGY,  DIRECT  THE
 ENERGY  RESEARCH  AND DEVELOPMENT AUTHORITY AND INVESTOR OWNED UTILITIES
 TO DEVELOP AND REPORT METRICS FOR ENERGY SAVINGS AND CLEAN ENERGY MARKET
 PENETRATION IN THE LOW AND MODERATE INCOME MARKET AND  IN  DISADVANTAGED
 COMMUNITIES, AND POST SUCH INFORMATION ON THE WEBSITE.
   § 5. Section 1005 of the public authorities law is amended by adding a
 new subdivision 28 to read as follows:
   28.  RENEWABLE ENERGY PROGRAM. AS DEEMED FEASIBLE AND ADVISABLE BY THE
 TRUSTEES,  NO  LATER THAN JULY FIRST, TWO THOUSAND TWENTY, THE AUTHORITY
 SHALL SECURE ENERGY TO SERVE THE ELECTRICAL ENERGY REQUIREMENTS  OF  ITS
 END-USE CUSTOMERS IN ACCORDANCE WITH THE RENEWABLE ENERGY PROGRAM AS SET
 FORTH AND DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.

 S. 2992--A                         19                         A. 3876--A
 
   §  6.  Sections 1020-kk, 1020-ll and 1020-ll of the public authorities
 law, 1020-kk and 1020-ll as renumbered by chapter 520  of  the  laws  of
 2018,  and 1020-ll as renumbered by chapter 415 of the laws of 2017, are
 renumbered sections 1020-xx, 1020-yy  and  1020-zz  and  a  new  section
 1020-kk is added to read as follows:
   § 1020-KK.  RENEWABLE ENERGY PROGRAM. THE AUTHORITY AND ALL LOAD SERV-
 ING  ENTITIES THAT SECURE ENERGY TO SERVE THE ELECTRICAL ENERGY REQUIRE-
 MENTS OF END-USE CUSTOMERS IN ITS SERVICE TERRITORY  SHALL  COMPLY  WITH
 THE  RENEWABLE ENERGY PROGRAM AS SET FORTH AND DEFINED IN SECTION SIXTY-
 SIX-P OF THE PUBLIC SERVICE LAW.
   § 6-a. Subdivision 1 of section 1020-s of the public authorities  law,
 as  amended  by  chapter  415 of the laws of 2017, is amended to read as
 follows:
   1. The rates, services  and  practices  relating  to  the  electricity
 generated  by facilities owned or operated by the authority shall not be
 subject to the provisions of the public service law or to regulation by,
 or the jurisdiction of, the public service  commission,  except  to  the
 extent (a) article seven of the public service law applies to the siting
 and operation of a major utility transmission facility as defined there-
 in,  (b)  article  ten of such law applies to the siting of a generating
 facility as defined therein, (c) section eighteen-a of such law provides
 for assessment for certain costs, property or  operations,  (d)  to  the
 extent that the department of public service reviews and makes recommen-
 dations with respect to the operations and provision of services of, and
 rates  and  budgets  established  by,  the authority pursuant to section
 three-b of such law, [and] (e) that section seventy-four of  the  public
 service  law  applies  to  qualified  energy  storage systems within the
 authority's jurisdiction AND (F) THAT SECTION SIXTY-SIX-P OF THE  PUBLIC
 SERVICE  LAW  APPLIES  TO  THE  AUTHORITY AND LOAD SERVING ENTITIES THAT
 SECURE ENERGY TO SERVE THE ELECTRICAL  ENERGY  REQUIREMENTS  OF  END-USE
 CUSTOMERS WITHIN THE AUTHORITY'S JURISDICTION.
   §  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.
   § 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. 2992--A                         20                         A. 3876--A
 
 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. 2992--A                         21                         A. 3876--A
 
 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.
   § 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 climate justice working group as
 defined  in  section  75-0111  of the environmental conservation law and
 Climate Action Council established in article 75  of  the  environmental
 conservation  law,  and  following  at  least two public hearings, shall
 prepare a report on barriers to, and opportunities  for,  access  to  or
 community  ownership of the following services and commodities in disad-
 vantaged 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. 2992--A                         22                         A. 3876--A
 
 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.
   § 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 identify alternatives or green-
 house 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 5 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 5 of section 75-0101 of  the  environmental
 conservation law.
   §  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  shall 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.
   § 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:
   §  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. 2992--A                         23                         A. 3876--A
 
 PEAK  TEMPERATURES,  CHANGES  IN  AVERAGE AND PEAK PRECIPITATION, PUBLIC
 HEALTH IMPACTS, AND IMPACTS ON SPECIES AND OTHER NATURAL RESOURCES.
   (B)  IDENTIFYING  THE  MOST  SIGNIFICANT CLIMATE-RELATED RISKS, TAKING
 INTO ACCOUNT THE PROBABILITY OF OCCURRENCE, THE MAGNITUDE OF THE  POTEN-
 TIAL 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.
   § 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.
   § 12. Nothing in this act shall limit  the  existing  authority  of  a
 state  entity  to adopt and implement greenhouse gas emissions reduction
 measures.
   § 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.
   § 14. Review under this act may be had in a proceeding  under  article
 78  of  the  civil  practice law and rules at the instance of any person
 aggrieved.
   § 15. 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.
   §  16.  This  act  shall  take effect on the same date and in the same
 manner as a chapter of the laws  of  2019,  amending  the  environmental
 conservation  law,  relating  to  establishing a permanent environmental
 justice advisory group and an environmental justice interagency  coordi-
 nating  council, as proposed in legislative bills numbers S. 2385 and A.
 1564, 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.