Relates to greenhouse gas emissions

6 Co-sponsors

• John J. Flanagan
• Charles J. Fuschillo Jr.
• Kemp Hannon
• Kenneth P. LaValle
• Frank Padavan
• José M. Serrano

Title of bill

An act to amend the environmental conservation law, in relation to greenhouse gas emissions

Purpose

The purpose of this bill is to require the Department of Environmental Conservation (DEC) to promulgate rules and regulations establishing limits on greenhouse gas emissions.

Summary of provisions

This bill would:

* define greenhouse gas to include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluroide, and any other gas determined by the DEC to be a significant contributor to global warming;

* authorize the DEC to promulgate rules and regulations, by May 1, 2010, requiring annual greenhouse gas emission reporting from greenhouse gas emission sources;

* require the DEC to issue a report on the annual greenhouse gas emissions and the progress made in achieving reduction efforts;

* require the DEC, after a public hearing, to promulgate rules and regulations establishing a limit on greenhouse gas emissions;

* require the emissions limit to: - be less than the aggregate level of emissions for 2000; - decrease by an additional ten percent every 5 years, beginning with a reduction of 20 percent by 2020; and, - be less than 80 percent of the initial limit by 2050

* prohibit the DEC from adopting a regulation that would place or increase an additional environmental or health burden on a community that has a higher level of regulated air contaminant source emissions within the community as compared with the county average; and,

* require the DEC to include a plan to address adaptation to climate change

JUSTIFICATION :The Intergovernmental Panel on Climate Change, awarded the 2007 Nobel Peace Prize, determined that burning coal, oil and gas has lead to higher global temperatures that are already impacting physical and biological systems. The panel also projected global temperatures would rise more rapidly if greenhouse gases are not abated. The panel concluded that reducing emissions 80 percent below current emissions by mid-century would prevent the worst impacts of climate change.

The impact of such climate change poses a potential threat to the economic well-being, public health, natural resources and environment of New York. The potential adverse impacts of climate change include the exacerbation of air quality problems, a reducation in the quality and supply of water to the state, a rise in sea levels which could potentially impact coastal businesses, residents and infrastructure, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems.

Natural and international actions are necessary to fully address the threat of climate change. Action taken by New York and other states to reduce emissions of greenhouse gases will have far-reaching effects by encouraging the federal government, and other countries to act including encouraging the development of sustainable, nonpolluting technologies such as solar, wind, geothermal and ocean currents.

LEGISLATIVE HISTORY :2008 S.8390 Referred to Rules

FISCAL IMPLICATIONS :None

EFFECTIVE DATE :This act shall take effect immediately.