S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6039
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 31, 2023
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend  the  environmental  conservation  law  and  the  public
   service law, in relation to the state greenhouse gas emission account-
   ing system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2, paragraph e of subdivision 10  and  subdivi-
 sion  13  of  section  75-0101 of the environmental conservation law, as
 added by chapter 106 of the  laws  of  2019,  are  amended  to  read  as
 follows:
   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] ONE HUNDRED-
 YEAR time frame after emission.
   e. Anaerobic digesters[, where  energy  produced  is  directed  toward
 localized use];
   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 GREENHOUSE GASES PRODUCED OUTSIDE THE STATE THAT ARE ASSOCIATED WITH
 the extraction and transmission of fossil fuels imported into the state.
 Statewide  emissions shall be expressed in tons of carbon dioxide equiv-
 alents ON A FULL LIFE-CYCLE BASIS UTILIZING THE  ARGONNE  GREET  (GREEN-
 HOUSE  GASES, REGULATED EMISSIONS, AND ENERGY USE IN TECHNOLOGIES) MODEL
 FOR ALL SYSTEMS RESULTING IN 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. Section 75-0105 of the environmental conservation law,  as  added
 by chapter 106 of the laws of 2019, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10231-02-3
              

 A. 6039                             2
 
 § 75-0105. Statewide greenhouse gas emissions report.
   1.  No  later than two years 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] ON A FULL LIFE-CYCLE BASIS UTILIZING THE ARGONNE
 GREET (GREENHOUSE GASES, REGULATED EMISSIONS, AND ENERGY USE IN TECHNOL-
 OGIES) MODEL FOR ALL SYSTEMS RESULTING IN greenhouse gas emission sourc-
 es 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
 limited 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] THREE
 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 AND WITH THE PRODUCTION AND TRANSMISSION OF BIOFUELS 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.  IN ACCORDANCE WITH INTERNATIONALLY ACCEPTED BEST PRACTICES, CARBON
 DIOXIDE EMISSIONS FROM THE COMBUSTION OF SUSTAINABLE BIOMASS AND  BIOFU-
 ELS  SHALL  NOT BE COUNTED TOWARD THE STATEWIDE GREENHOUSE GAS EMISSIONS
 LIMITS PURSUANT TO SECTION 75-0107 OF THIS ARTICLE.
   [7.] 8. The statewide greenhouse gas emissions  report  shall  clearly
 explain  the  methodology and analysis used in the department's determi-
 nation of greenhouse gas emissions and shall include a detailed explana-
 tion of any changes in methodology  or  analysis,  adjustments  made  to
 prior  estimates,  as  needed,  and  any  other information necessary to
 establish a scientifically credible account of change.
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   [8.] 9. 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.
   §  3.  Paragraph g and subparagraph ii of paragraph h of subdivision 4
 of section 75-0109 of the environmental conservation law,  as  added  by
 chapter 106 of the laws of 2019, are amended to read as follows:
   g. The following types of projects shall be prohibited:
   i.  waste-to-energy  projects, including incineration and pyrolysis OF
 FOSSIL FUEL PRODUCTS; and
   ii. biofuels used for energy or transportation purposes.
   ii. be located in the same  county,  [and  within  twenty-five  linear
 miles, of the source of emissions,] to the extent practicable;
   §  4.  Paragraph  (b)  of  subdivision 1 of section 66-p of the public
 service law, as added by chapter 106 of the laws of 2019, is amended  to
 read as follows:
   (b) "renewable energy systems" means systems that generate electricity
 or thermal energy through use of the following technologies: solar ther-
 mal, photovoltaics, on land and offshore wind, hydroelectric, geothermal
 electric,  geothermal  ground  source  heat,  tidal energy, wave energy,
 ocean thermal, ANAEROBIC DIGESTION, FOREST BIOPOWER THAT IS  OPERATIONAL
 AS  OF  DECEMBER  THIRTY-FIRST,  TWO THOUSAND TWENTY-TWO, and fuel cells
 which do not utilize a fossil fuel resource in the process of generating
 electricity.
   § 5. This act shall take effect immediately.