NY State Senate Bill 2023-S9682

Senate Bill S9682

2023-2024 Legislative Session

Establishes a moratorium on certain local laws, ordinances, rules or regulations, by a city with a population of one million or more, related to achieving certain reductions in greenhouse gas emissions

download bill text pdf

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2024	referred to environmental conservation

2023-S9682 (ACTIVE) - Details

See Assembly Version of this Bill:: A10554
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation

2023-S9682 (ACTIVE) - Summary

Establishes a moratorium on the adoption and/or implementation of certain local laws or ordinances, or certain rules or regulations, by a city with a population of one million or more, related to achieving certain reductions in greenhouse gas emissions.

2023-S9682 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9682

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act establishing a moratorium on the adoption and/or implementation
of certain local laws or ordinances, or certain rules or regulations, by
a city with a population of one million or more, related to achieving
certain reductions in greenhouse gas emissions; and providing for the
repeal of such provisions upon expiration thereof

 
SUMMARY OF PROVISIONS:

Section 1. Establishes the moratorium for laws and regulations related
to industrial facilities in cities with a population over one million
that produce one hundred percent recycled paper products.

Section 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2024, with
additional prescriptions for certain local laws, ordinances, and regu-
lations.

JUSTIFICATION:

When crafted, LL97 was designed to mandate the retrofitting of buildings
in NYC to reduce their GHG emissions. Its drafters understood that the
same rules could not be applied to energy plants, the MTA and various
other atypical users of electricity and steam which were not simply
buildings and for which GHG emissions had to be evaluated and addressed
differently.

Unfortunately, certain industries, particularly recycled paper mills,
have fallen under the target of these regulations with little to no
consideration. A great number of mills already have exceedingly effi-
cient equipment and there is no type of technology that currently exists
that can be added to reduce their GHG emissions. Moreover, the recycling
activity conducted at these mills reduces GHG emissions overall by more
than the amount it produces by diverting wastepaper from landfills
(where it produces harmful methane) and producing paper from recycled
rather than virgin fiber. Laws requiring a reduction in these mill's GHG
emissions simply fail to account for the tremendous role these plants
play in reducing GHG emissions beyond their facility. For this reason,
it is important to aid our green alternatives industries and not penal-
ize them for practices within New York City.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This legislation will take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2024 and
shall expire and be deemed repealed two hundred seventy days after the
adoption of a local law which re-authorizes, modifies or repeals local
law number 97 of the city of New York for the year 2019, as amended by
local law number 147 of the city of New York for the year 2019 and by
local law number 95 of the city of New York for the year 2020 designat-
ing annual building emission intensity limits and associated penalties
during the term commencing January 1, 2024 and terminating December 31,
2024 or any term commencing thereafter; provided that the mayor of the
city with a population of one million or more shall notify the legisla-
tive bill drafting commission upon the adoption of such local law in
order that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.

2023-S9682 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9682
 
                             I N  S E N A T E
 
                               May 20, 2024
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Environmental
   Conservation
 
 AN  ACT  establishing a moratorium on the adoption and/or implementation
   of certain local laws or ordinances, or certain rules or  regulations,
   by a city with a population of one million or more, related to achiev-
   ing  certain reductions in greenhouse gas emissions; and providing for
   the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  There  is hereby established a moratorium on the adoption
 and/or implementation of any local law or  ordinance,  or  any  rule  or
 regulation,  by a city with a population of one million or more, related
 to achieving certain reductions in greenhouse gas emissions  which  does
 not  exempt  an  industrial  facility  that produces one hundred percent
 recycled paper products  primarily  from  recycled  paper  derived  from
 covered buildings under such local law.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and  after  January  1,  2024  and
 shall  expire  and be deemed repealed two hundred seventy days after the
 adoption of a local law which re-authorizes, modifies or  repeals  local
 law  number  97 of the city of New York for the year 2019, as amended by
 local law number 147 of the city of New York for the year  2019  and  by
 local  law number 95 of the city of New York for the year 2020 designat-
 ing annual building emission intensity limits and  associated  penalties
 during  the term commencing January 1, 2024 and terminating December 31,
 2024, or any term commencing thereafter; provided that the  mayor  of  a
 city  with a population of one million or more shall notify the legisla-
 tive bill drafting commission upon the adoption of  such  local  law  in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15659-01-4

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