Bill Text: NY S04315 | 2009-2010 | General Assembly | Amended


Bill Title: Relates to global warming pollution control; establishes greenhouse gas limits and a greenhouse gas reporting system.

Spectrum: Moderate Partisan Bill (Democrat 26-5)

Status: (Introduced - Dead) 2010-06-18 - PRINT NUMBER 4315C [S04315 Detail]

Download: New_York-2009-S04315-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4315--C
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 21, 2009
                                      ___________
       Introduced  by  Sens.  THOMPSON,  ADAMS,  ADDABBO, BRESLIN, DIAZ, DILAN,
         DUANE, ESPADA, FOLEY,  FUSCHILLO,  HASSELL-THOMPSON,  HUNTLEY,  KLEIN,
         KRUEGER,  LAVALLE, LEIBELL, MONTGOMERY, MORAHAN, ONORATO, OPPENHEIMER,
         PADAVAN, PARKER,  PERALTA,  PERKINS,  SAMPSON,  SAVINO,  SCHNEIDERMAN,
         SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS -- read twice and ordered
         printed, and when printed to be committed to the Committee on Environ-
         mental  Conservation  -- recommitted to the Committee on Environmental
         Conservation in accordance with Senate Rule  6,  sec.  8  --  reported
         favorably  from  said  committee  and  committed  to  the Committee on
         Finance -- committee discharged, bill amended,  ordered  reprinted  as
         amended  and  recommitted  to  said committee -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee  -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         global warming pollution control
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings. Global warming poses a serious threat
    2  to the economic well-being, public health, natural resources  and  envi-
    3  ronment  of  New  York.  The potential adverse impacts of global warming
    4  include the exacerbation of air quality problems,  a  reduction  in  the
    5  quality and supply of water to the state, a rise in sea levels resulting
    6  in the displacement of coastal businesses, residents and infrastructure,
    7  damage to marine ecosystems and the natural environment, and an increase
    8  in  the  incidences  of  infectious  diseases,  asthma,  and other human
    9  health-related problems.  Global warming will have  detrimental  effects
   10  on  some  of New York's largest industries, including agriculture, tour-
   11  ism, skiing, recreational and commercial fishing and forestry.
   12    The Intergovernmental Panel on Climate Change, awarded the 2007  Nobel
   13  Peace Prize, determined that burning coal, oil and gas has led to higher
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11191-09-0
       S. 4315--C                          2
    1  temperatures that are already impacting physical and biological systems.
    2  The  panel also projected temperatures would rise more rapidly if green-
    3  house gases are not abated. The panel concluded that reducing  emissions
    4  80  percent  below  current  emissions  by mid-century would prevent the
    5  worst impacts of global warming.
    6    National and international actions are necessary to fully address  the
    7  issue  of  global  warming. Action taken by New York and other states to
    8  reduce emissions of greenhouse gases will have far-reaching  effects  by
    9  encouraging the federal government, and other countries to act including
   10  encouraging  the  development of sustainable, non-polluting technologies
   11  such as solar, wind, geothermal and ocean  currents.    New  York  state
   12  needs  to continue its leadership in addressing global warming; building
   13  on the progress gained by creating the regional  greenhouse  gas  initi-
   14  ative. The legislature recognizes the steps taken by the state in moving
   15  forward  on  the  Renewable  Portfolio Standard (RPS) to generate thirty
   16  percent of our energy needs from renewable sources by 2015,  the  energy
   17  efficiency  portfolio  standard  to  reduce  electric  usage  by fifteen
   18  percent by 2015, and the work of the state climate action plan to reduce
   19  our greenhouse gas emissions.
   20    S 2. Article 19 of the environmental conservation law  is  amended  by
   21  adding a new title 13 to read as follows:
   22                                  TITLE 13
   23                      GLOBAL WARMING POLLUTION CONTROL
   24  SECTION 19-1301. SHORT TITLE.
   25          19-1303. DEFINITIONS.
   26          19-1305. GREENHOUSE GAS REPORTING.
   27          19-1307. GREENHOUSE GAS LIMITS.
   28  S 19-1301. SHORT TITLE.
   29    THIS TITLE MAY BE CITED AS THE "GLOBAL WARMING POLLUTION CONTROL ACT".
   30  S 19-1303. DEFINITIONS.
   31    WHEN USED IN THIS TITLE:
   32    1.  "GREENHOUSE  GAS"  MEANS  CARBON  DIOXIDE, METHANE, NITROUS OXIDE,
   33  HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
   34  GAS DETERMINED BY THE DEPARTMENT TO  BE  A  SIGNIFICANT  CONTRIBUTOR  TO
   35  GLOBAL WARMING.
   36    2.  "GREENHOUSE  GAS  EMISSION SOURCE" MEANS ANY SOURCE OR CATEGORY OF
   37  SOURCES OF GREENHOUSE GAS EMISSIONS AND SHALL INCLUDE, BUT NOT BE LIMIT-
   38  ED TO EMISSIONS:
   39    (A) ASSOCIATED WITH FOSSIL FUELS USED IN THE STATE  BY  ENTITIES  THAT
   40  ARE MANUFACTURERS AND DISTRIBUTORS OF FOSSIL FUELS;
   41    (B)  FROM ANY UTILITY GENERATING OR DELIVERING ELECTRICITY CONSUMED IN
   42  THE STATE, WHETHER THE ELECTRICITY IS GENERATED IN THE STATE, OR  GENER-
   43  ATED  OUTSIDE  THE STATE AND IMPORTED INTO THE STATE, AND ACCOUNTING FOR
   44  TRANSMISSION AND DISTRIBUTION LINE LOSSES; AND
   45    (C) FROM ANY ADDITIONAL ENTITIES  THAT  ARE  SIGNIFICANT  EMITTERS  OF
   46  GREENHOUSE  GASES,  AS  DETERMINED BY THE DEPARTMENT, AND APPROPRIATE TO
   47  ENABLE THE DEPARTMENT TO MONITOR COMPLIANCE WITH  THE  EMISSIONS  LIMITS
   48  FOR GREENHOUSE GASES ESTABLISHED PURSUANT TO THIS TITLE.
   49  S 19-1305. GREENHOUSE GAS REPORTING.
   50    1.  NO  LATER  THAN MAY 1, 2011, THE DEPARTMENT SHALL PROMULGATE RULES
   51  AND REGULATIONS REQUIRING ANNUAL GREENHOUSE GAS EMISSIONS REPORTING FROM
   52  GREENHOUSE GAS EMISSION SOURCES. THE REGULATIONS SHALL:
   53    (A) INCLUDE GREENHOUSE GAS EMISSIONS FROM ALL GREENHOUSE GAS  EMISSION
   54  SOURCES EXPRESSED IN TONS OF CARBON DIOXIDE EQUIVALENTS;
       S. 4315--C                          3
    1    (B)  ENSURE  RIGOROUS  AND  CONSISTENT  ACCOUNTING  OF  EMISSIONS, AND
    2  PROVIDE REPORTING TOOLS AND FORMATS TO ENSURE  COLLECTION  OF  NECESSARY
    3  DATA;
    4    (C)  ENSURE THAT EACH GREENHOUSE GAS EMISSION SOURCE MAINTAINS COMPRE-
    5  HENSIVE EMISSIONS RECORDS OF ANY GREENHOUSE GAS REPORTED  FOR  AT  LEAST
    6  THREE YEARS; AND
    7    (D)  NOT  REQUIRE THE REPORTING OF GREENHOUSE GAS EMISSIONS FROM AGRI-
    8  CULTURAL SOURCES THAT ARE EXEMPT FROM  ENVIRONMENTAL  PROTECTION  AGENCY
    9  REPORTING REQUIREMENTS UNDER RULE 40 CFR 98.
   10    2. THE DEPARTMENT SHALL:
   11    (A) PERIODICALLY REVIEW AND UPDATE ITS EMISSION REPORTING REQUIREMENTS
   12  AT LEAST EVERY FIVE YEARS; AND
   13    (B) MAKE REASONABLE EFFORTS TO MAKE ITS REPORTING REGULATIONS CONSIST-
   14  ENT  WITH  INTERNATIONAL, FEDERAL AND OTHER STATES' GREENHOUSE GAS EMIS-
   15  SION REPORTING PROGRAMS.
   16    3. NO LATER THAN JANUARY 1, 2013, AND EVERY  THREE  YEARS  THEREAFTER,
   17  THE DEPARTMENT SHALL ISSUE A REPORT ON:
   18    (A)  THE  ANNUAL  GREENHOUSE GAS EMISSIONS FROM ALL SIGNIFICANT GREEN-
   19  HOUSE GAS EMISSION SOURCES, INCLUDING THE RELATIVE CONTRIBUTION OF  EACH
   20  GREENHOUSE  GAS  EMISSION  SOURCE TO STATEWIDE GREENHOUSE GAS EMISSIONS;
   21  AND
   22    (B) THE PROGRESS MADE BY THE STATE IN ACHIEVING  THE  REQUIREMENTS  OF
   23  SECTION 19-1307 OF THIS TITLE.
   24  S 19-1307. GREENHOUSE GAS LIMITS.
   25    1.  NO  LATER THAN JANUARY 1, 2013, THE DEPARTMENT, AFTER PUBLIC HEAR-
   26  INGS, SHALL PROMULGATE RULES  AND  REGULATIONS  SETTING  AN  ENFORCEABLE
   27  LIMIT ON THE AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FROM ALL GREEN-
   28  HOUSE  GAS  EMISSION SOURCES AS ESTABLISHED BY THE NEW YORK STATE ENERGY
   29  RESEARCH AND DEVELOPMENT AUTHORITY'S NEW YORK STATE  ECONOMY-WIDE  GREEN
   30  HOUSE  GAS  EMISSIONS INVENTORY WHICH SHALL ANNUALLY BE UPDATED AND MADE
   31  PUBLIC, PROVIDED, HOWEVER, THE AGGREGATE LIMIT SHALL  BE  EQUIVALENT  TO
   32  THE AGGREGATE LEVEL OF GREENHOUSE GAS EMISSIONS FOR CALENDAR YEAR 1990.
   33    2.  (A) ON JANUARY 1, 2020 THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
   34  THIS SECTION SHALL BE REDUCED BY 20 PERCENT.
   35    (B) ON JANUARY 1, 2030 THE LIMIT ESTABLISHED  IN  SUBDIVISION  ONE  OF
   36  THIS SECTION SHALL BE REDUCED BY 40 PERCENT.
   37    (C)  NO  LATER THAN JANUARY 1, 2030, THE DEPARTMENT, BASED ON FINDINGS
   38  FROM THE CLIMATE ACTION COUNCIL AND SUBJECT TO  PUBLIC  HEARINGS,  SHALL
   39  MAKE A RECOMMENDATION TO THE GOVERNOR AND THE LEGISLATURE TO ENACT A LAW
   40  SETTING  AN  ENFORCEABLE  LIMIT ON THE AGGREGATE LEVEL OF GREENHOUSE GAS
   41  EMISSIONS FROM ALL GREENHOUSE GAS EMISSION SOURCES TO BE ESTABLISHED  ON
   42  JANUARY  1,  2040  THAT  MAXIMIZES  THE ABILITY OF THE STATE TO MEET THE
   43  STATEWIDE EMISSION LIMIT STATED IN PARAGRAPH (D) OF THIS SUBDIVISION.
   44    (D) ON JANUARY 1, 2050, AND EACH  YEAR  THEREAFTER,  THE  LIMIT  SHALL
   45  REMAIN  AT  80 PERCENT BELOW THE LIMIT ESTABLISHED IN SUBDIVISION ONE OF
   46  THIS SECTION.
   47    3. ANY RULE OR REGULATION THE COMMISSIONER ADOPTS TO COMPLY WITH  THIS
   48  SECTION  AND TO IMPLEMENT THE CLIMATE ACTION PLAN CREATED BY THE CLIMATE
   49  ACTION COUNCIL PURSUANT TO ARTICLE TWENTY-ONE-C  OF  THE  EXECUTIVE  LAW
   50  MUST:
   51    (A) BE ADOPTED IN AN OPEN PUBLIC PROCESS;
   52    (B) ACHIEVE EMISSION REDUCTIONS FROM SOURCES IN A MANNER THAT IS EQUI-
   53  TABLE,  SEEKS  TO  MINIMIZE COSTS AND MAXIMIZE THE TOTAL BENEFITS TO THE
   54  STATE, AND ENCOURAGE EARLY ACTION TO REDUCE GREENHOUSE GAS EMISSIONS;
       S. 4315--C                          4
    1    (C) CONSIDER OVERALL SOCIETAL BENEFITS, INCLUDING REDUCTIONS IN  OTHER
    2  AIR  POLLUTANTS, DIVERSIFICATION OF ENERGY SOURCE, AND OTHER BENEFITS TO
    3  THE ECONOMY, ENVIRONMENT, AND PUBLIC HEALTH;
    4    (D)  CONSIDER  THE  SIGNIFICANCE OF THE CONTRIBUTION OF EACH SOURCE OR
    5  CATEGORY OF SOURCES TO STATEWIDE EMISSIONS OF GREENHOUSE GASES;
    6    (E) CONSIDER UTILIZING APPROACHES WHICH ARE DESIGNED  TO  AVOID  UNDUE
    7  DELETERIOUS  ECONOMIC  EFFECTS OR OVERLY BURDENSOME IMPACTS UPON PERSONS
    8  DIRECTLY OR INDIRECTLY AFFECTED BY THE RULE OR REGULATION  OR  UPON  THE
    9  ECONOMY OR ADMINISTRATION OF STATE OR LOCAL GOVERNMENT AGENCIES;
   10    (F) NOT PLACE OR INCREASE AN ADDITIONAL ENVIRONMENTAL OR HEALTH BURDEN
   11  ON A COMMUNITY THAT HAS A SIGNIFICANT LEVEL OF REGULATED AIR CONTAMINANT
   12  SOURCE  EMISSIONS WITHIN THE COMMUNITY AS COMPARED WITH THE COUNTY AVER-
   13  AGE;
   14    (G) BE COMPATIBLE WITH OTHER EMISSIONS REDUCTIONS PROGRAMS; AND
   15    (H) INCLUDE A PLAN TO THE EXTENT PRACTICABLE TO ADDRESS ADAPTATION  TO
   16  CLIMATE  CHANGE  INCLUDING  BUT  NOT  LIMITED TO TERRESTRIAL AND AQUATIC
   17  HABITATS, PLANTS AND  ANIMAL  SPECIES,  CONNECTIVITY  OF  HABITATS,  AND
   18  ECOSYSTEM  SERVICES  PROVIDED  BY  NATURAL  RESOURCES  INCLUDING BUT NOT
   19  LIMITED TO FLOOD CONTROL AND DRINKING WATER SUPPLY.
   20    (I) TAKE INTO ACCOUNT ACTIONS TAKEN BY ENTITIES THAT HAVE  VOLUNTARILY
   21  AND  NOT  UNDER  REQUIREMENTS  OF  OTHER  STATE GREENHOUSE GAS REDUCTION
   22  PROGRAMS, REDUCED THEIR GREENHOUSE GAS EMISSIONS PRIOR TO THE  IMPLEMEN-
   23  TATION  OF  THIS  TITLE  RECEIVE  APPROPRIATE CREDIT FOR EARLY VOLUNTARY
   24  REDUCTIONS.
   25    S 3. The executive law is amended by adding a new article 21-C to read
   26  as follows:
   27                                ARTICLE 21-C
   28                           CLIMATE ACTION COUNCIL
   29  SECTION 615. LEGISLATIVE INTENT.
   30          616. CLIMATE ACTION COUNCIL; CREATION; MEMBERSHIP.
   31          617. GENERAL FUNCTIONS; POWERS AND DUTIES.
   32    S 615. LEGISLATIVE INTENT.  IT SHALL BE THE GOAL OF THE STATE  OF  NEW
   33  YORK  TO REDUCE CURRENT GREENHOUSE GAS EMISSIONS FROM ALL SOURCES WITHIN
   34  THE STATE EIGHTY PERCENT BELOW  LEVELS  EMITTED  IN  THE  YEAR  NINETEEN
   35  HUNDRED  NINETY BY THE YEAR TWO THOUSAND FIFTY. TO THAT END, THE CLIMATE
   36  ACTION COUNCIL IS NEEDED TO FORM AND COORDINATE A PLAN  TO  REDUCE  SUCH
   37  EMISSIONS.  THE  CLIMATE  ACTION  COUNCIL AND ITS PLAN FOR REDUCING SUCH
   38  EMISSIONS IS NOT INTENDED TO BE STATIC, BUT RATHER A DYNAMIC AND CONTIN-
   39  UALLY EVOLVING STRATEGY TO ASSESS AND  ACHIEVE  THE  GOAL  OF  SUSTAINED
   40  REDUCTIONS OF GREENHOUSE GAS EMISSIONS.
   41    S 616.  CLIMATE  ACTION  COUNCIL;  CREATION; MEMBERSHIP.   1. THERE IS
   42  HEREBY CREATED A CLIMATE ACTION COUNCIL ("COUNCIL")  CONSISTING  OF  THE
   43  COMMISSIONERS OF AGRICULTURE AND MARKETS, ECONOMIC DEVELOPMENT, ENVIRON-
   44  MENTAL  CONSERVATION, HOUSING AND COMMUNITY RENEWAL, AND TRANSPORTATION;
   45  THE CHAIRS OF THE PUBLIC SERVICE COMMISSION AND THE METROPOLITAN  TRANS-
   46  PORTATION  AUTHORITY;  THE  PRESIDENTS  OF  THE  NEW  YORK  STATE ENERGY
   47  RESEARCH AND DEVELOPMENT AUTHORITY, LONG  ISLAND  POWER  AUTHORITY,  NEW
   48  YORK  POWER  AUTHORITY AND DORMITORY AUTHORITY OF THE STATE OF NEW YORK;
   49  THE SECRETARY OF STATE; THE DIRECTOR OF  THE  BUDGET;  THE  DIRECTOR  OF
   50  STATE  OPERATIONS;  AND THE COUNSEL TO THE GOVERNOR; PLUS SIX ADDITIONAL
   51  MEMBERS WITH INDIVIDUAL EXPERTISE IN AGRICULTURE, ECONOMIC  DEVELOPMENT,
   52  ENVIRONMENTAL  CONSERVATION, HOUSING, TRANSPORTATION, AND ENERGY ISSUES,
   53  WHO SHALL BE APPOINTED AS FOLLOWS; TWO MEMBERS BY THE  TEMPORARY  PRESI-
   54  DENT  OF  THE  SENATE,  TWO  MEMBERS BY THE SPEAKER OF THE ASSEMBLY, ONE
   55  MEMBER BY THE MINORITY LEADER OF THE SENATE AND ONE MEMBER BY THE MINOR-
   56  ITY LEADER OF THE ASSEMBLY. ALL  SUCH  APPOINTMENTS  SHALL  BE  MADE  BY
       S. 4315--C                          5
    1  FEBRUARY  FIRST,  TWO THOUSAND ELEVEN.  THE DIRECTOR OF STATE OPERATIONS
    2  SHALL SERVE AS THE CHAIR OF THE COUNCIL.
    3    2.  MEMBERS  OF THE COUNCIL MAY DESIGNATE AN EXECUTIVE STAFF MEMBER TO
    4  REPRESENT THEM AND PARTICIPATE ON THE COUNCIL ON THEIR  BEHALF,  SUBJECT
    5  TO  THE  APPROVAL OF THE CHAIR. A MAJORITY OF THE MEMBERS OF THE COUNCIL
    6  SHALL CONSTITUTE A QUORUM, AND ALL ACTIONS AND  RECOMMENDATIONS  OF  THE
    7  COUNCIL  SHALL  REQUIRE  APPROVAL  OF A MAJORITY OF THE TOTAL MEMBERS OR
    8  THEIR REPRESENTATIVES. THE APPOINTED MEMBERS OF THE COUNCIL SHALL  SERVE
    9  FOUR  YEAR  TERMS.  VACANCIES TO THE COUNCIL SHALL BE FILLED IN THE SAME
   10  MANNER AS THE MEMBER WHOSE VACANCY IS BEING FILLED WAS APPOINTED.
   11    S 617. GENERAL FUNCTIONS; POWERS AND DUTIES.   1.  THE  COUNCIL  SHALL
   12  PREPARE  A  DRAFT  CLIMATE ACTION PLAN ON OR BEFORE SEPTEMBER THIRTIETH,
   13  TWO THOUSAND TEN. THE COUNCIL SHALL HOLD REGIONAL PUBLIC  COMMENT  HEAR-
   14  INGS  ON  THE  DRAFT  PLAN,  AND SHALL ALLOW AT LEAST SIXTY DAYS FOR THE
   15  SUBMISSION OF PUBLIC COMMENT.   ON OR BEFORE  SEPTEMBER  THIRTIETH,  TWO
   16  THOUSAND  FIFTEEN  AND  EVERY  FIVE  YEARS THEREAFTER, THE COUNCIL SHALL
   17  UPDATE THE FINAL CLIMATE ACTION PLAN, WHICH ADDRESSES EACH ITEM  IDENTI-
   18  FIED  IN  SUBDIVISION TWO OF THIS SECTION. THE CLIMATE ACTION PLAN WHICH
   19  SHALL BE REVIEWED AND, IF WARRANTED, ADJUSTED ANNUALLY BY  THE  COUNCIL,
   20  SHALL  INCLUDE  A  DISCUSSION AND EVALUATION OF THE ABILITY OF THE STATE
   21  AND PRIVATE MARKETS TO  IMPLEMENT  THE  POLICIES,  PROGRAMS,  AND  OTHER
   22  RECOMMENDATIONS AS FOUND IN THE CLIMATE ACTION PLAN, AND RECOMMENDATIONS
   23  FOR  NEW  OR  AMENDED POLICIES AS NEEDED TO CONTINUE SUCCESSFUL MOVEMENT
   24  TOWARDS IMPLEMENTATION AND REALIZATION OF SUCH POLICES AND PROGRAMS.
   25    2. IN ASPIRING TO MEET THE GREENHOUSE GAS EMISSION REDUCTION GOAL, THE
   26  COUNCIL, IN PREPARING THE CLIMATE ACTION PLAN, SHALL:
   27    A. INVENTORY GREENHOUSE GAS EMISSIONS WITHIN THE STATE, INCLUDING  THE
   28  RELATIVE CONTRIBUTION OF EACH TYPE OF EMISSION SOURCE;
   29    B.  IDENTIFY  AND  ASSESS  SHORT-TERM  AND LONG-TERM ACTIONS TO REDUCE
   30  GREENHOUSE GAS EMISSIONS AND ADAPT TO CLIMATE CHANGE ACROSS ALL ECONOMIC
   31  SECTORS,  INCLUDING  INDUSTRY,  TRANSPORTATION,  AGRICULTURE,   BUILDING
   32  CONSTRUCTION AND ENERGY PRODUCTION;
   33    C.  IDENTIFY  AND ANALYZE THE ANTICIPATED REDUCTIONS, AND THE ECONOMIC
   34  IMPLICATIONS THEREOF, AS A RESULT OF EACH ACTION;
   35    D. IDENTIFY THE  ANTICIPATED  LIFE-CYCLE  IMPLICATIONS,  CONSEQUENCES,
   36  BENEFITS  AND COSTS OF IMPLEMENTING EACH ACTION, INCLUDING IMPLICATIONS,
   37  CONSEQUENCES, BENEFITS AND COSTS TO THE STATE, LOCAL GOVERNMENTS,  BUSI-
   38  NESS AND RESIDENTS FROM IMPLEMENTATION OF EACH OPTION AND ACTION;
   39    E.  IDENTIFY WHETHER SUCH ACTIONS SUPPORT NEW YORK'S GOALS FOR A CLEAN
   40  ENERGY ECONOMY, INCLUDING SPECIFIC  SHORT-TERM  AND  LONG-TERM  ECONOMIC
   41  DEVELOPMENT  OPPORTUNITIES  AND  DISADVANTAGES RELATED TO GREENHOUSE GAS
   42  EMISSION REDUCTIONS AND THE DEVELOPMENT AND DEPLOYMENT OF NEW AND EMERG-
   43  ING TECHNOLOGIES AND ENERGY SOURCES INCLUDING IDENTIFYING THE AVAILABIL-
   44  ITY AND COST EFFECTIVENESS OF BEST AVAILABLE CONTROL TECHNOLOGIES;
   45    F. COORDINATE ITS ACTIVITIES WITH THE STATE ENERGY PLANNING PROCESS OF
   46  THE STATE ENERGY PLANNING BOARD;
   47    G. IDENTIFY EXISTING  LEGAL,  REGULATORY  AND  POLICY  CONSTRAINTS  TO
   48  REDUCING  GREENHOUSE  GAS  EMISSIONS,  ASSESSING  THE IMPACTS OF CLIMATE
   49  CHANGE, AND ECOSYSTEM BASED ADAPTION TO CLIMATE  CHANGE,  AND  RECOMMEND
   50  MEASURES  NEEDED TO ADDRESS ANY SUCH CONSTRAINTS. RECOMMENDATIONS SHOULD
   51  CONSIDER SUCH FACTORS INCLUDING BUT NOT LIMITED TO FEASIBILITY,  SOCIOE-
   52  CONOMIC  AND  NATURAL  RESOURCE VALUES; PUBLIC HEALTH IMPACTS; COMMUNITY
   53  CHARACTER AND THE IMPACT RESULTING FROM INACTION.
   54    H. EVALUATING AND ASSESSING ANY ADAPTIVE MEASURES IDENTIFIED IN  TERMS
   55  OF  FEASIBILITY,  ECONOMIC  AND PUBLIC HEALTH IMPACTS AND EFFECTIVENESS.
   56  FOR THE PURPOSES OF THIS SECTION, THE TERM "ADAPTIVE MEASURES" REFERS TO
       S. 4315--C                          6
    1  ACTIONS THAT MAY BE TAKEN TO ADDRESS  THE  ANTICIPATED  CONSEQUENCES  OF
    2  CLIMATE CHANGE;
    3    I.  IDENTIFYING  AND  EVALUATING  CURRENT EFFORTS UNDERWAY IN NEW YORK
    4  STATE TO EDUCATE THE PUBLIC, AS WELL AS SPECIFIC SECTORS INCLUDING AGRI-
    5  CULTURE, HEALTH, TRANSPORTATION, RECREATION,  INSURANCE  AND  INDUSTRIAL
    6  AND COMMERCIAL SECTORS ABOUT PROJECTED IMPACTS OF CLIMATE CHANGE;
    7    J.  ESTABLISH  ESTIMATED  TIMELINES  FOR  CONSIDERING AND IMPLEMENTING
    8  ACTIONS; AND
    9    K. UNDERTAKE SUCH ACTIONS, AND COMPILE SUCH  ADDITIONAL  MATERIAL,  AS
   10  DEEMED  APPROPRIATE  BY THE COUNCIL IN CARRYING OUT ITS RESPONSIBILITIES
   11  UNDER THIS SECTION.
   12    3. THE ENTITIES REPRESENTED ON THE COUNCIL ARE AUTHORIZED  TO  PROVIDE
   13  THE PRIMARY STAFF AND OTHER RESOURCES THAT ARE NECESSARY FOR THE COUNCIL
   14  TO  COMPLY  WITH  THIS SECTION. IN ADDITION, EVERY OTHER AGENCY, DEPART-
   15  MENT, OFFICE, DIVISION AND PUBLIC AUTHORITY OF THIS STATE SHALL  COOPER-
   16  ATE  WITH THE COUNCIL AND FURNISH SUCH INFORMATION AND ASSISTANCE AS THE
   17  COUNCIL DETERMINES IS REASONABLY NECESSARY FOR IT TO  COMPLY  WITH  THIS
   18  SECTION.
   19    4.  THE  COUNCIL MAY CONVENE ADVISORY PANELS TO ASSIST OR ADVISE IT IN
   20  AREAS REQUIRING SPECIAL EXPERTISE OR KNOWLEDGE.
   21    S 4. This act shall take effect immediately.
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