Relates to global warming pollution control

29 Co-sponsors

• Eric Adams
• Joseph P. Addabbo Jr.
• Neil D. Breslin
• Ruben Diaz
• Martin Malavé Dilan
• Thomas K. Duane
• Pedro Espada Jr.
• Brian X. Foley
• Charles J. Fuschillo Jr.
• Ruth Hassell-Thompson
• Shirley L. Huntley
• Jeffrey D. Klein
• Liz Krueger
• Kenneth P. LaValle
• Velmanette Montgomery
• Thomas P. Morahan
• George Onorato
• Suzi Oppenheimer
• Frank Padavan
• Kevin S. Parker
• José Peralta
• Bill Perkins
• John L. Sampson
• Diane J. Savino
• Eric T. Schneiderman
• José M. Serrano
• Daniel L. Squadron
• Toby Ann Stavisky
• Andrea Stewart-Cousins

BILL NUMBER:S4315C

Title of bill

An act to amend the environmental conservation law, in relation to global warming pollution control

Purpose or general idea of bill

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 specific 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, 2011, 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 1990; - decrease by an additional twenty percent by 2020 and forty percent by 2030; and, - decrease by a percentage recommended by the climate action council and established by the Governor and legislature in 2040; 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.

* codifies Executive Order 24 creating a climate action council and requiring the development of a climate action plan that is to be updated every five years.

Justification

Global warming will have detrimental effects on the economic well-being, public health, natural resources and the environment. The Intergovernmental Panel on Climate Change, awarded the 2007 Nobel Peace Prize, projected that 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 global warming. This legislation seeks to

accomplish that goal and at the same time provide opportunity for public involvement and input into the regulatory process in order to ensure that the resulting emission limits do not impose undue environmental or economic hardship. Seven other states have adopted laws to establish greenhouse gas emission standards.

Prior legislative history

2009: S.4315-A Thompson Rules A.7572-A Sweeney Passed the Assembly 2008: S.8100 Thompson Environmental Conservation A.10302 Sweeney Passed the Assembly

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.