Enacts the New York state climate responsibility act

Section 1. This act shall be known and may be cited as the "New York state climate responsibility act".

§ 2. Legislative findings. The legislature hereby finds and declares that:

1. Climate change threatens mankind and the planet. Its negative effects have already been felt in New York with abnormally high temperatures and extreme storms like Hurricane Sandy, which resulted in 65 billion dollars of damage. Future threats to the planet and the state include sea level rise, more frequent and extreme storms, flooding of coastal areas including New York City, heat waves, drought, loss of agricultural production, loss of species and ecosystems, and the increased spread of infectious diseases. These impacts threaten state, national, and world economies, endanger life and property, and jeopardize public health and safety. They also place increased strain on existing infrastructure, hinder the delivery of critical services, and foster political instability.

2. According to the Intergovernmental Panel on Climate Change and U.S. Global Change Research Program, substantial reductions in greenhouse gas emissions are required by mid-century to limit global warming to no more than 2 degrees Celsius and ideally to no more than 1.5 degrees Celsius compared to pre-industrial levels, and thus avoid the most severe impacts of climate change. Specifically, by 2050 industrialized countries must reduce their greenhouse gas emissions by at least 80 percent below 1990 levels to stay within 2 degrees Celsius. Tackling the climate crisis requires attention to all greenhouse gases. This includes carbon dioxide produced during the combustion of fossil fuels, as well as methane from natural gas systems that leak or vent to the atmosphere.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD10760-05-8

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According to the Intergovernmental Panel on Climate Change, methane is 86 times more potent than carbon dioxide as a driver of climate change over a 20 year period.

3. Due to the state's continued dependence on fossil fuels, New York is not on track to meet its greenhouse gas reduction goals. Despite growth in wind and solar technology, expansion of electricity generation from natural gas, measured in watt-hours, continues to outpace renewables. Furthermore, fossil fuels continue to be the overwhelmingly dominant source of energy for end-user purposes, including transportation and heating.

4. In 2016, the New York state public service commission adopted a clean energy standard which seeks to ensure that 50 percent of the state's electricity comes from renewable sources by 2030. However, electricity generation is responsible for only about a quarter of New York's combustion emissions and, if fully implemented, the clean energy standard would reduce those emissions from the electricity sector by only about a quarter of what they are today. This fraction of a fraction represents a small piece of New York's carbon footprint. Furthermore, the clean energy standard program is based on an analysis of future demand that does not account for the necessary conversion of end-use systems. In order to meet statewide greenhouse gas reduction goals, most vehicles and other forms of transportation that burn fossil fuels today must be replaced with those that use electricity. Likewise, millions of heating systems that burn oil or gas will have to be replaced with highefficiency electric heat pumps. Transportation and onsite uses like heating, together comprise approximately three-quarters of New York's carbon footprint from combustion, so the conversion of these systems will require far more electricity than anticipated by the clean energy standard, likely twice as much or more, to meet the state's "80 percent by 2050" goal. To date, no effort has been made to quantify or plan for this additional generation of electricity, which will also have to be carbon-free.

5. In order for New York to meet its greenhouse gas reduction goals, a comprehensive statewide strategy involving the dedicated support of state agencies, the governor, legislature, and private sector is essential--a "Marshall Plan" for climate action. Required is the synchronization of two very complex processes: (1) the scheduled phasing out of fossil fuel power plants and end-user systems, including vehicles, heating systems, and industrial equipment that burn fossil fuels; and (2) the scheduled siting, deployment, and installation of renewables, zeroemission end-user technology, and efficiency improvements at scale and on time to ensure that greenhouse gas reductions occur while meeting demand and maintaining services. Success requires a careful analysis of technological changes that must occur, including both energy supply and demand components, and the development of a timeline for key actions that must take place. Setting goals or emission limits without preparing this kind of plan will not bring about the comprehensive transformation required.

6. The New York state climate responsibility act is designed to ensure that state greenhouse gas reduction goals are achieved by establishing a climate action council, made up of relevant state agencies and experts. The primary purpose of the council is to prepare a comprehensive and coherent statewide greenhouse gas reduction plan to serve as the foundation for the coordinated development of rules, regulations, programs, and policies by various agencies. A critical component of this is the planning and scheduling of key actions relating to the phasing out of

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fossil fuels, including natural gas, and phasing in of carbon-free alternatives. In addition, this act requires that the council prepare an annual status report and update the plan every four years. The intent of this act is to promote inter-agency cooperation and results-oriented action.

7. Actions of the council and its member agencies shall be based on adherence to greenhouse gas emission limits established by the department of environmental conservation in four-year intervals, and consistent with meeting greenhouse gas reduction targets for 2030 and 2050, as set forth in this act. Total statewide and sector-based emission limits shall be set for each type of greenhouse gas.

8. To measure progress accurately and provide for timely adjustments to policy, this act also requires that the department of environmental conservation prepare an annual report on total statewide greenhouse gas emissions. The department's report shall be a comprehensive inventory and assessment, using the best available science and informed by a variety of data on fuel consumption, emission rates from actual sources, peer-reviewed research, and field measurements as appropriate. Unbiased and consistent methodologies shall be used to ensure that findings are valid and reductions are real. The report shall also account for emissions associated with imported electricity. Production of a credible, up-to-date greenhouse gas emissions report is critical for New York to meet its climate goals.

9. Developing a plan to ensure that New York will deliver on its promises of dramatic and consistent greenhouse gas reduction over time will not only benefit the climate and set an example to the world of genuine climate leadership; it will have tremendous environmental, health, economic, and societal benefits.

10. Environmental justice communities are often harmed by the siting of energy infrastructure, with children and the elderly in those communities suffering the most. By phasing out fossil fuel power plants (large and small), pipelines, compressor stations, gas storage facilities, and equipment at industrial facilities that burn fossil fuels, this act particularly benefits environmental justice communities since exposure to the co-pollutants of greenhouse gas emissions would be eliminated. This act also specifically requires that the trading of greenhouse gas or pollutant allowances not disproportionately impact economically disadvantaged communities or communities of color, and it prioritizes measures to reduce co-pollutants in communities with greatest exposure. By focusing on the attainment of greenhouse gas reduction goals, this act seeks to protect all people, regardless of race, nationality, or socioeconomic status. Additionally, by dramatically cutting New York's demand for fossil fuels, this act can help to reduce adverse air and water quality impacts to communities in other states where hydraulic fracturing and other forms of fossil fuel extraction occur.

11. According to the World Health Organization, climate change is expected to cause approximately 250,000 deaths every year between 2030 and 2050, including 38,000 from heat exposure in elderly people, 48,000 from diarrhea, 60,000 from malaria, and 95,000 from childhood malnutrition. The National Institute of Environmental Health Sciences predicts that climate change will cause or exacerbate respiratory and cardiovascular diseases, heat-related morbidity and mortality, stress-related and neurological disorders, developmental delay, foodborne and waterborne diseases, malnutrition, and disease from vectors or pathogens. The Mount Sinai School of Medicine found that the direct and indirect costs of environmentally mediated illness in New York state total $4.35 billion

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annually. By substantially reducing greenhouse gas emissions, New York can help to reduce the severity of these impacts, not only within the state, but globally.

12. The World Health Organization reports that three million people die prematurely every year from airborne pollution. A study by the Massachusetts Institute of Technology found that within the United States, 200,000 premature deaths occur from air pollution annually, 53,000 from vehicle emissions and 52,000 from power generation emissions. In New York City alone, pollution is responsible for 2,300 premature deaths, 4,800 emergency room visits for asthma, and 1,500 hospitalizations annually. In fact, in 2013, deaths from air pollution in New York City exceeded homicides by a factor of eight. Clearly eliminating fossil fuels that are responsible for air pollution, especially within urban areas, is one of the single-most effective ways of saving lives.

13. The economic benefits of achieving energy independence with renewables in New York, rather than relying on fossil fuels from out of state, are tremendous. According to a report published by the University of Massachusetts, for every million dollars spent on energy in the United States, the oil and gas industry creates only 3.7 direct and indirect jobs, while similar investments in wind and solar energy create 9.5 and 9.8 jobs, respectively. In fact, if New York were to switch entirely to renewables for energy, it has been estimated that more than 269,000 permanent jobs could be created. Labor stands to gain significantly from a greenhouse gas reduction plan that is capable of meeting its goals. In order to maximize economic benefits to New Yorkers and encourage the most efficient provision of resources, this act additionally requires that at least 80 percent of the state's electricity, including from renewables, be generated in New York. This act also calls for programs to encourage the manufacture and assembly of renewable energy components in-state.

§ 3. The environmental conservation law is amended by adding a new article 50 to read as follows:

ARTICLE 50

CLIMATE CHANGE Section 50-0101. Definitions.

50-0103. New York state climate action council.

50-0105. Statewide greenhouse gas emissions report.

50-0107. Statewide greenhouse gas reduction plan.

50-0109. Statewide greenhouse gas emission limits.

50-0111. Greenhouse gas reduction action by the department. § 50-0101. Definitions.

As used in this article the following terms shall have the following meanings:

1. "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 time frame after emission, based on the best available science.

2. "Carbon-free source" means a source of energy that, unlike coal, oil, gas, biomass, or garbage incineration, does not produce carbon dioxide emissions.

3. "Co-pollutants" means hazardous air pollutants produced by greenhouse gas emissions sources.

4. "Climate action council" or "council" means the New York state climate action council established pursuant to section 50-0103 of this article.

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5. "End-user" means the final consumer of energy in a process of energy production and delivery. End-user systems include equipment such as internal-combustion vehicles that burn gasoline and home furnaces that burn oil or natural gas.

6. "Energy storage" means the storage of energy for future use, typically from intermittent sources of electricity such as renewables. Types of storage include, but are not limited to, batteries, flywheels, compressed air storage, and hydroelectric pumped storage.

7. "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other substance emitted into the air that contributes to climate change.

8. "Greenhouse gas emissions from the energy sector" means the total emissions of greenhouse gases produced within the state from electricity generation, industry, transportation, and buildings, in addition to greenhouse gas emissions produced outside of the state that are associated with the generation of electricity imported into the state. Greenhouse gas emissions from the energy sector shall not include agricultural emissions from livestock or waste decomposition.