S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2835
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   declaring  a  climate  emergency  and placing a ban on new fossil fuel
   infrastructure

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 1-0103 to read as follows:
 § 1-0103. CLIMATE EMERGENCY DECLARATION AND POLICY.
   1. THE LEGISLATURE FINDS AND DECLARES THE FOLLOWING:
   (A) A CLIMATE EMERGENCY EXISTS THAT THREATENS THE STATE OF  NEW  YORK,
 THE NATION, AND THE WORLD;
   (B)  IRREVOCABLE  DAMAGE  TO THE ENVIRONMENT HAS BEEN CAUSED BY GLOBAL
 WARMING OF APPROXIMATELY ONE DEGREE CELSIUS DEMONSTRATING THAT THE EARTH
 IS ALREADY TOO HOT FOR SAFETY AND JUSTICE, AS ATTESTED BY INCREASED  AND
 INTENSIFYING  WILDFIRES,  FLOODS,  RISING  SEAS, DISEASES, DROUGHTS, AND
 EXTREME WEATHER;
   (C) ON APRIL TWENTY-SECOND, TWO THOUSAND SIXTEEN, WORLD  LEADERS  FROM
 ONE HUNDRED SEVENTY-FOUR COUNTRIES AND THE EUROPEAN UNION RECOGNIZED THE
 THREAT OF CLIMATE CHANGE AND THE URGENT NEED TO COMBAT IT BY SIGNING THE
 PARIS AGREEMENT, AGREEING TO KEEP WARMING WELL BELOW TWO DEGREES CELSIUS
 ABOVE  PRE-INDUSTRIAL  LEVELS AND TO PURSUE EFFORTS TO LIMIT THE TEMPER-
 ATURE INCREASE TO ONE AND ONE-HALF DEGREES FAHRENHEIT;
   (D) ON OCTOBER EIGHTH,  TWO  THOUSAND  EIGHTEEN,  THE  UNITED  NATIONS
 INTERNATIONAL  PANEL  ON  CLIMATE  CHANGE  ("IPCC")  RELEASED  A SPECIAL
 REPORT, WHICH PROJECTED THAT LIMITING WARMING TO THE  ONE  AND  ONE-HALF
 DEGREES CELSIUS TARGET THIS CENTURY WILL REQUIRE AN UNPRECEDENTED TRANS-
 FORMATION  OF  EVERY  SECTOR  OF THE GLOBAL ECONOMY OVER THE NEXT TWELVE
 YEARS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05256-01-1
              

 S. 2835                             2
 
   (E) ON NOVEMBER TWENTY-THIRD, TWO THOUSAND EIGHTEEN, THE UNITED STATES
 FOURTH NATIONAL CLIMATE ASSESSMENT ("NCA4") WAS RELEASED AND DETAILS THE
 MASSIVE THREAT THAT CLIMATE CHANGE POSES TO THE  AMERICAN  ECONOMY,  OUR
 ENVIRONMENT  AND CLIMATE STABILITY, AND UNDERSCORES THE NEED FOR IMMEDI-
 ATE CLIMATE EMERGENCY ACTION AT ALL LEVELS OF GOVERNMENT;
   (F)  ACCORDING  TO THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION'S
 (NASA) GODDARD INSTITUTE FOR SPACE STUDIES (GISS),  GLOBAL  TEMPERATURES
 IN TWO THOUSAND EIGHTEEN WERE EIGHTY-THREE ONE-HUNDREDTHS DEGREES CELSI-
 US  (ONE  AND  ONE-HALF  DEGREES  FAHRENHEIT)  WARMER  THAN THE NINETEEN
 HUNDRED FIFTY-ONE TO NINETEEN HUNDRED EIGHTY MEAN,  AND  THE  PAST  FIVE
 YEARS ARE COLLECTIVELY THE WARMEST IN MODERN HISTORY;
   (G)  WORLD  WILDLIFE FUND'S 2018 LIVING PLANET REPORT FINDS THAT THERE
 HAS BEEN A SIXTY PER  CENTUM  DECLINE  IN  GLOBAL  WILDLIFE  POPULATIONS
 BETWEEN  NINETEEN HUNDRED SEVENTY AND TWO THOUSAND FOURTEEN, WITH CAUSES
 INCLUDING OVERFISHING, POLLUTION AND CLIMATE CHANGE;
   (H) ACCORDING TO  THE  INTERGOVERNMENTAL  SCIENCE-POLICY  PLATFORM  ON
 BIODIVERSITY AND ECOSYSTEM SERVICES, HUMAN ACTIVITY HAS ALREADY SEVERELY
 ALTERED  FORTY PER CENTUM OF THE MARINE ENVIRONMENT, FIFTY PER CENTUM OF
 INLAND WATERWAYS, AND SEVENTY-FIVE PER CENTUM OF THE PLANET'S LAND,  AND
 IT  IS  PROJECTED  THAT FIVE HUNDRED THOUSAND TO ONE MILLION SPECIES ARE
 THREATENED WITH EXTINCTION, MANY WITHIN THE NEXT FEW DECADES;
   (I) GLOBALLY, EIGHTEEN OF THE NINETEEN HOTTEST YEARS  ON  RECORD  HAVE
 OCCURRED SINCE TWO THOUSAND ONE;
   (J) THE STATE OF NEW YORK IS PARTICULARLY VULNERABLE TO THE EFFECTS OF
 CLIMATE  CHANGE  AND HAS ALREADY BEEN SUBJECTED TO DEVASTATING DISASTERS
 CAUSED BY GLOBAL WARMING, INCLUDING INCREASING  SUPERSTORMS  AND  SEVERE
 FLOODING;
   (K)  MARGINALIZED  POPULATIONS IN THE STATE OF NEW YORK AND WORLDWIDE,
 INCLUDING PEOPLE OF COLOR, IMMIGRANTS, INDIGENOUS  COMMUNITIES,  LOW-IN-
 COME INDIVIDUALS, PEOPLE WITH DISABILITIES, AND THE UNHOUSED ARE ALREADY
 DISPROPORTIONATELY AFFECTED BY CLIMATE CHANGE, AND WILL CONTINUE TO BEAR
 AN  EXCESS  BURDEN  AS TEMPERATURES INCREASE, OCEANS RISE, AND DISASTERS
 WORSEN;
   (L) RESTORING A SAFE AND STABLE  CLIMATE  AND  REVERSING  BIODIVERSITY
 LOSS  REQUIRES AN EMERGENCY MOBILIZATION ON A SCALE NOT SEEN SINCE WORLD
 WAR II TO ATTAIN ZERO GREENHOUSE GAS EMISSIONS  ACROSS  ALL  SECTORS  AT
 WARTIME  SPEED,  TO  RAPIDLY  AND  SAFELY DRAW DOWN OR REMOVE ALL EXCESS
 CARBON FROM THE ATMOSPHERE, AND TO IMPLEMENT  MEASURES  TO  PROTECT  ALL
 PEOPLE  AND  SPECIES  FROM THE CONSEQUENCES OF ABRUPT CLIMATE CHANGE AND
 ECOLOGICAL DESTRUCTION;
   (M) BUILDING A SOCIETY THAT IS RESILIENT TO THE CURRENT, EXPECTED, AND
 POTENTIAL EFFECTS OF CLIMATE CHANGE WILL PROTECT HEALTH, LIVES, ENVIRON-
 MENTS, AND ECONOMIES.  RESILIENCE IS BEST ACHIEVED BY PREPARING FOR  THE
 MOST DRAMATIC POTENTIAL CONSEQUENCES OF CLIMATE CHANGE; AND
   (N) JUSTICE DEMANDS CLIMATE POLICY THAT ADDRESSES THE SPECIFIC EXPERI-
 ENCES,  VULNERABILITIES,  AND NEEDS OF THE MARGINALIZED COMMUNITIES MOST
 AFFECTED BY THE EFFECTS OF CLIMATE CHANGE, AND INCLUDES  THOSE  COMMUNI-
 TIES IN CLIMATE AND ECOLOGICAL RESILIENCE PLANNING, POLICY AND ACTIONS.
   2.  IT IS HEREBY DECLARED TO BE THE POLICY OF THE STATE OF NEW YORK TO
 RESTORE AN OPTIMAL SAFE CLIMATE AND TO PROVIDE MAXIMUM  PROTECTION  FROM
 CLIMATE  CHANGE  TO ALL PEOPLE AND SPECIES, GLOBALLY, INCLUDING THE MOST
 VULNERABLE.
   3. IT IS THE INTENT OF THE LEGISLATURE THAT THE STATE DO  ALL  OF  THE
 FOLLOWING IN FURTHERANCE OF SUCH POLICY:
   (A) CONVERT THE ECONOMY TO NET ZERO GREENHOUSE GAS EMISSIONS AS QUICK-
 LY AS POSSIBLE.

 S. 2835                             3
 
   (B)  IMMEDIATELY  INITIATE  A  MULTIGENERATIONAL  EFFORT  TO DRAW DOWN
 GREENHOUSE GASES ALREADY IN THE ATMOSPHERE IN AS SHORT A TIME AS  POSSI-
 BLE, AND DEVELOP RESEARCH IN SUPPORT OF THIS GOAL.
   (C) IMMEDIATELY INITIATE A MASSIVE EFFORT TO RESTORE ECOSYSTEMS.
   (D) RESPOND TO THE CLIMATE EMERGENCY BASED ON A JUST TRANSITION FRAME-
 WORK  THAT  FOCUSES  ON  EQUITY, SELF-DETERMINATION, CULTURE, TRADITION,
 DEMOCRACY, AND THE FUNDAMENTAL HUMAN RIGHT OF ALL PEOPLE TO CLEAN, HEAL-
 THY, AND ADEQUATE AIR, WATER, LAND, FOOD, EDUCATION, AND SHELTER.
   (E) ENGAGE THE PUBLIC IN  CLIMATE-EMERGENCY-RELATED  DELIBERATIONS  SO
 THAT  CITIZENS  CAN SEE THEIR INFLUENCE ON THE POLICY AND RESOURCE DECI-
 SIONS THAT IMPACT THEIR DAILY LIVES AND THEIR FUTURE.
   (F) ENCOURAGE NONGOVERNMENT ACTORS TO CONTRIBUTE  TO  THE  DEVELOPMENT
 AND IMPLEMENTATION OF SOLUTIONS.
   (G)  A  SWEEPING  OVERHAUL  OF  THE ECONOMY THAT CENTERS ON EQUITY AND
 JUSTICE IN ITS SOLUTIONS IS VITAL TO OUR FUTURE  AND  MUST  INCLUDE  THE
 FOLLOWING  GOALS:  DRAMATICALLY  EXPAND EXISTING RENEWABLE POWER SOURCES
 AND DEPLOY NEW PRODUCTION CAPACITY WITH THE GOAL OF MEETING ONE  HUNDRED
 PER  CENTUM  OF NATIONAL POWER DEMAND THROUGH RENEWABLE SOURCES; BUILD A
 NATIONAL, ENERGY-EFFICIENT, "SMART" GRID; UPGRADE EVERY RESIDENTIAL  AND
 INDUSTRIAL  BUILDING FOR STATE-OF-THE-ART ENERGY EFFICIENCY, COMFORT AND
 SAFETY; ELIMINATE GREENHOUSE GAS EMISSIONS FROM MANUFACTURING,  AGRICUL-
 TURAL  AND OTHER INDUSTRIES, INCLUDING BY INVESTING IN LOCAL-SCALE AGRI-
 CULTURE IN COMMUNITIES ACROSS THE COUNTRY; REPAIR AND IMPROVE  TRANSPOR-
 TATION  AND  OTHER  INFRASTRUCTURE,  AND UPGRADE WATER INFRASTRUCTURE TO
 ENSURE UNIVERSAL ACCESS TO CLEAN WATER; FUND MASSIVE INVESTMENT  IN  THE
 DRAWDOWN  OF  GREENHOUSE  GASES;  AND MAKE "GREEN" TECHNOLOGY, INDUSTRY,
 EXPERTISE, PRODUCTS AND SERVICES A MAJOR EXPORT OF  THE  UNITED  STATES,
 WITH THE AIM OF BECOMING THE INTERNATIONAL LEADER IN HELPING OTHER COUN-
 TRIES  BECOME  GREENHOUSE  GAS  NEUTRAL  ECONOMIES  AND BRINGING ABOUT A
 GLOBAL TRANSITION.
   (H) SUPPORT EFFORTS FOR AN EMERGENCY MOBILIZATION TO  RESTORE  A  SAFE
 CLIMATE IN OTHER STATES AND AT THE FEDERAL AND GLOBAL LEVEL.
   §  2.  Article  23 of the environmental conservation law is amended by
 adding a new title 29 to read as follows:
                                 TITLE 29
                   BAN ON NEW FOSSIL FUEL INFRASTRUCTURE
 SECTION 23-2901. BAN ON NEW FOSSIL FUEL INFRASTRUCTURE.
 § 23-2901. BAN ON NEW FOSSIL FUEL INFRASTRUCTURE.
   1. LEGISLATIVE INTENT. NEW YORK STATE FACES  AN  EXISTENTIAL  CLIMATE,
 ECOLOGICAL, ECONOMIC, AND SECURITY EMERGENCY WHICH THREATENS OUR MUNICI-
 PALITIES,  STATE,  NATION, AND THE WORLD; A WORLD WAR II-SCALE MOBILIZA-
 TION IS NEEDED TO ELIMINATE  GREENHOUSE  GAS  EMISSIONS.    HUMAN-CAUSED
 CLIMATE  CHANGE AND AIR POLLUTION ARE DUE TO USING FOSSIL FUELS. CLIMATE
 CHANGE DISPROPORTIONATELY IMPACTS COMMUNITIES OF COLOR, CHILDREN, ELDER-
 LY, NATIVE AMERICANS, INDIGENOUS PEOPLES, THE ILL,  THE  POOR,  FARMERS,
 AND  FUTURE GENERATIONS.  THE STATE SHALL PROMOTE A CONTROLLED REDUCTION
 OF FOSSIL FUEL UTILIZATION AND A TRANSITION TO CLEAN,  RENEWABLE  ENERGY
 FOR  THE  PURPOSE  OF  IMPROVING  SAFETY,  PUBLIC  HEALTH, ENVIRONMENTAL
 PROTECTION, ECONOMIC GROWTH, AND ENERGY RELIABILITY AS WELL AS PROVIDING
 COST SAVINGS, CREATING JOBS, AND PREVENTING CLIMATE CATASTROPHE.
   2. FOR THE PURPOSES OF THIS SECTION, "FOSSIL FUEL"  SHALL  MEAN  COAL,
 PETROLEUM PRODUCTS AND FUEL GASES.
   3.  FOR  THE  PURPOSES  OF  THIS SECTION, "FOSSIL FUEL INFRASTRUCTURE"
 SHALL MEAN A STRUCTURE, SUCH AS A NATURAL GAS PLANT, COAL  POWER  PLANT,
 NATURAL  GAS  COMPRESSOR  STATION,  OR ANCILLARY FACILITIES USED TO MOVE
 FOSSIL FUEL FROM ONE LOCATION TO ANOTHER, SUCH AS A NATURAL GAS  OR  OIL

 S. 2835                             4

 PIPELINE.  THE  PHRASE  DOES  NOT INCLUDE: MOTOR VEHICLES; GAS STATIONS;
 UNDERGROUND TANKS OR PIPES LOCATED  ON  THE  SITE  OF  A  MOTOR  VEHICLE
 SERVICE STATION; RETAIL, MANUFACTURING OR OTHER FACILITIES NOT PRIMARILY
 USED TO PRODUCE OR STORE FOSSIL FUELS; RETAIL PRODUCTS; OR PIPES LEADING
 TO  A  RESIDENTIAL OR COMMERCIAL BUILDING FROM A FUEL TANK TO WHICH FUEL
 IS DELIVERED BY MOTOR VEHICLE.  FURTHERMORE IT INCLUDES:
   A. LARGE-SCALE USES AND FACILITIES ENGAGED IN THE  WHOLESALE  DISTRIB-
 UTION, EXTRACTION, REFINEMENT OR PROCESSING OF FOSSIL FUELS;
   B.  TERMINALS  ENGAGED IN THE BULK MOVEMENT OF FOSSIL FUELS, EXCLUDING
 RAIL YARDS, FUEL STORAGE FOR AIRPORTS AND MARINE SERVICING FACILITIES;
   C. BULK STORAGE OF FOSSIL FUELS IN EXCESS OF TWO MILLION  GALLONS  AND
 FOSSIL  FUEL  FACILITIES THAT DO NOT PROVIDE DIRECT SALE OR DISTRIBUTION
 TO CONSUMERS; AND
   D. ANY ADDITIONAL  MEANING  OF  FOSSIL  FUEL  INFRASTRUCTURE  FOR  THE
 PURPOSES  OF  THIS  SECTION  SHALL  BE DETERMINED BY THE COMMISSIONER IN
 ACCORDANCE WITH THE PRIMARY INTENT OF THIS SECTION.
   E. THIS BAN SHALL NOT  APPLY  TO  USES  AND  FACILITIES  NECESSARY  TO
 ADDRESS  A  BONA  FIDE  IMMINENT  THREAT  TO  PUBLIC  HEALTH, SAFETY AND
 WELFARE. THIS BAN SHALL ALSO NOT APPLY TO USES AND FACILITIES  NECESSARY
 FOR  PUBLIC  SAFETY,  INCLUDING,  BUT  NOT  LIMITED TO, POLICE, FIRE AND
 RESCUE AGENCIES.
   4. A BAN SHALL BE ESTABLISHED ON ANY AND ALL NEW FOSSIL  FUEL  INFRAS-
 TRUCTURE  PROJECTS INCLUDING AS IT RELATES TO THE DISTRIBUTION, PROCESS-
 ING, STORAGE, OR EXTRACTION OF FOSSIL FUELS. NO NEW  PERMITS,  LICENSES,
 OR  ANY  FORM  OF  PERMISSION  SHALL  BE GRANTED FOR ANY NEW FOSSIL FUEL
 INFRASTRUCTURE PROJECT NOR SHALL ANY FUNDING, INVESTMENT, OR  ANY  OTHER
 FINANCIAL  ASSISTANCE  BE  GRANTED TO ANY NEW FOSSIL FUEL INFRASTRUCTURE
 PROJECT AS LONG AS THERE ARE ECONOMICALLY AND  TECHNOLOGICALLY  FEASIBLE
 ALTERNATIVES  TO ENSURE ENERGY RELIABILITY. THIS SECTION SHALL NOT APPLY
 TO THE REPAIR OR MAINTENANCE OF EXISTING INFRASTRUCTURE AS OF THE EFFEC-
 TIVE DATE OF THIS SECTION. SUCH BAN SHALL APPLY TO THE ENTIRETY  OF  THE
 STATE  INCLUDING ALL DEPARTMENTS, AGENCIES, OFFICES, MUNICIPALITIES, AND
 ANY OTHER GOVERNMENTAL BODY.
   5. THE BAN SHALL BE LIFTED UPON AN ACT OF THE LEGISLATURE.
   § 3. This act shall take effect immediately.