S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5943
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2015
                                      ___________
       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         establishing the New York state climate change task force
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 19 of the environmental conservation law is amended
    2  by adding a new title 13 to read as follows:
    3                                  TITLE 13
    4                  NEW YORK STATE CLIMATE CHANGE TASK FORCE
    5  SECTION 19-1301. CLIMATE CHANGE TASK FORCE.
    6          19-1303. TASK FORCE COMPOSITION.
    7          19-1305. POWERS AND DUTIES OF THE TASK FORCE.
    8  S 19-1301. CLIMATE CHANGE TASK FORCE.
    9    1. THE NEW YORK STATE CLIMATE CHANGE TASK FORCE IS HEREBY ESTABLISHED.
   10  THE ROLE OF THE TASK  FORCE  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,
   11  CONDUCTING  AN  IN-DEPTH EXAMINATION OF ISSUES RELATED TO GLOBAL CLIMATE
   12  CHANGE INCLUDING:
   13    A. ASSESSING THE POTENTIAL IMPACTS OF GLOBAL  CLIMATE  CHANGE  ON  THE
   14  CITIZENS,  NATURAL  RESOURCES,  AND  ECONOMY OF THE STATE. SUCH RESEARCH
   15  SHALL INCLUDE POTENTIAL IMPACTS ON AGRICULTURE, TRANSPORTATION, PROPERTY
   16  VALUES, PUBLIC HEALTH, INSURANCE, AND COMMERCIAL AND INDUSTRIAL SECTORS.
   17  RESEARCH SHALL  ALSO  INCLUDE  POTENTIAL  IMPACTS  ON  WATERS,  FORESTS,
   18  WETLANDS,  AND  THE  AVAILABILITY  OF FRESHWATER RESOURCES OF THE STATE.
   19  POTENTIAL IMPACTS ON INFRASTRUCTURE, INCLUDING SUBWAYS, BRIDGES, LOW-LY-
   20  ING ROADS, CAUSEWAYS, WATER AND WASTEWATER TREATMENT PLANTS, AND  DOCKS,
   21  SHALL  BE INCLUDED, AS WELL AS POTENTIAL IMPACTS ON INDUSTRIES INCLUDING
   22  SHIPPING, TIMBER, FISHERIES, POWER GENERATION, HEALTHCARE, TOURISM,  AND
   23  RECREATION.  SUCH  ASSESSMENT  SHALL  ALSO  INCLUDE A REVIEW OF EXISTING
   24  RELATED RESEARCH;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04094-02-5
       A. 5943                             2
    1    B. IDENTIFYING AND EVALUATING CURRENT EFFORTS TO  TRACK  AND  MITIGATE
    2  CLIMATE  CHANGE  AND  ITS  POTENTIAL  IMPACTS  ON  THE NORTHEAST REGION,
    3  INCLUDING THE REGIONAL GREENHOUSE GAS INITIATIVE,  PARTICULARLY  ON  NEW
    4  YORK STATE;
    5    C.  IDENTIFYING  AND  EVALUATING  POTENTIAL CARBON EMISSIONS REDUCTION
    6  MEASURES IDENTIFIED IN  TERMS  OF  GREENHOUSE  GAS  EMISSIONS  REDUCTION
    7  POTENTIAL,  COST  EFFECTIVENESS,  SHORT  AND  LONG-TERM  STATE  SPECIFIC
    8  ECONOMIC IMPACTS, ADMINISTRATIVE FEASIBILITY AND EQUITY CONCERNS;
    9    D. EVALUATING THE POTENTIAL  ECONOMIC  EFFECTS  THAT  MAY  ARISE  FROM
   10  ACTIONS TO ADDRESS GLOBAL CLIMATE CHANGE;
   11    E.  IDENTIFYING  AND  EVALUATING  CURRENT EFFORTS UNDERWAY IN NEW YORK
   12  STATE TO EDUCATE THE PUBLIC, AS WELL AS SPECIFIC SECTORS INCLUDING AGRI-
   13  CULTURE, HEALTH, TRANSPORTATION, RECREATION, INSURANCE, AND  INDUSTRIAL,
   14  AND COMMERCIAL SECTORS, ABOUT PROJECTED IMPACTS OF CLIMATE CHANGE;
   15    F.  EVALUATING AND ASSESSING ANY ADAPTIVE MEASURES IDENTIFIED IN TERMS
   16  OF FEASIBILITY, ECONOMIC AND PUBLIC HEALTH IMPACTS,  AND  EFFECTIVENESS.
   17  FOR THE PURPOSES OF THIS SECTION, THE TERM "ADAPTIVE MEASURES" REFERS TO
   18  ACTIONS  THAT  MAY  BE  TAKEN TO ADDRESS THE ANTICIPATED CONSEQUENCES OF
   19  CLIMATE CHANGE;
   20    G. REVIEWING AND ASSESSING THE IMPLEMENTATION STATUS OF THE  RECOMMEN-
   21  DATIONS  FROM  THE NEW YORK GREENHOUSE GAS TASK FORCE ISSUED IN APRIL OF
   22  TWO THOUSAND THREE; AND
   23    H. ASSESSING THE STATE'S CAPACITY TO MEET THE STATEWIDE GREENHOUSE GAS
   24  EMISSION REDUCTION TARGET AS ESTABLISHED IN THE TWO THOUSAND TWO  ENERGY
   25  PLAN  AS UPDATED, A TWENTY PERCENT REDUCTION OF GREENHOUSE GAS EMISSIONS
   26  BY TWO THOUSAND TWENTY-FIVE, AND AN EIGHTY PERCENT REDUCTION  OF  GREEN-
   27  HOUSE GAS EMISSIONS BY TWO THOUSAND FIFTY-FIVE.
   28    2. THE TASK FORCE SHALL DEVELOP A CLIMATE CHANGE ACTION PLAN THAT WILL
   29  INCORPORATE   BOTH  CARBON  REDUCTION  MEASURES  AND  ADAPTIVE  MEASURES
   30  DESIGNED TO BOTH REDUCE THE SEVERITY OF CLIMATE CHANGE AND BETTER  POSI-
   31  TION THE STATE AND ITS CITIZENS TO LIVE WITH THE IMPACTS ASSOCIATED WITH
   32  CLIMATE CHANGE. SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
   33    A.  AN  INVENTORY  OF GREENHOUSE GAS EMISSIONS IN THIS STATE INCLUDING
   34  STATIONARY AND MOBILE SOURCES;
   35    B. RESULTS OF THE EVALUATION OF POTENTIAL CARBON  EMISSIONS  REDUCTION
   36  MEASURES;
   37    C.  RESULTS  OF  THE EVALUATION OF CURRENT EFFORTS TO MITIGATE CLIMATE
   38  CHANGE;
   39    D. RECOMMENDATIONS TO ADDRESS POTENTIAL CLIMATE CHANGE  IN  NEW  YORK,
   40  WHICH SHALL INCLUDE:
   41    (I)  POTENTIAL GREENHOUSE GAS EMISSIONS REDUCTION MEASURES THAT SHOULD
   42  BE UNDERTAKEN BY THE STATE;
   43    (II) A LISTING AND EXPLANATION OF POTENTIAL ADAPTIVE  MEASURES  APPRO-
   44  PRIATE FOR NEW YORK STATE, INCLUDING REDUCING HEALTH AND FLOODING RISKS,
   45  AND POTENTIAL SHIFTS IN AGRICULTURE AND FORESTRY;
   46    (III) A CONSIDERATION OF EFFORTS BEING MADE AT THE NATIONAL AND INTER-
   47  NATIONAL LEVEL TO ADDRESS CLIMATE CHANGE;
   48    (IV)  RECOMMENDATIONS  TO  ENHANCE CLIMATE CHANGE RESEARCH, MONITORING
   49  AND PUBLIC EDUCATION IN NEW YORK; AND
   50    (V) ECONOMIC OPPORTUNITIES  THAT  SHOULD  BE  CONSIDERED  WHICH  COULD
   51  BETTER POSITION NEW YORK IN RESPONDING TO CLIMATE CHANGE; AND
   52    E.  RECOMMENDATIONS FOR ACHIEVING THE MAXIMUM TECHNOLOGICALLY FEASIBLE
   53  AND COST-EFFECTIVE REDUCTIONS IN GREENHOUSE GAS EMISSIONS  FROM  SOURCES
   54  OR  CATEGORIES  OF  SOURCES  OF  GREENHOUSE  GASES  OF  A TWENTY PERCENT
   55  REDUCTION OF GREENHOUSE GAS EMISSIONS BY TWO THOUSAND TWENTY-FIVE AND AN
   56  EIGHTY PERCENT REDUCTION OF GREENHOUSE GAS  EMISSIONS  BY  TWO  THOUSAND
       A. 5943                             3
    1  FIFTY-FIVE.  THE  RECOMMENDATIONS  SHALL BE ON DIRECT EMISSION REDUCTION
    2  MEASURES, ALTERNATIVE  COMPLIANCE  MECHANISMS,  MARKET-BASED  COMPLIANCE
    3  MECHANISMS, AND POTENTIAL MONETARY AND NONMONETARY INCENTIVES FOR SOURCE
    4  AND  CATEGORIES  OF  SOURCES.  THE  TASK  FORCE SHALL EVALUATE THE TOTAL
    5  POTENTIAL COSTS AND TOTAL POTENTIAL ECONOMIC AND NONECONOMIC BENEFITS OF
    6  THE PLAN FOR REDUCING GREENHOUSE GASES TO THE STATE'S ECONOMY,  ENVIRON-
    7  MENT  AND PUBLIC HEALTH. THE TASK FORCE SHALL ALSO TAKE INTO ACCOUNT THE
    8  RELATIVE CONTRIBUTION OF EACH SOURCE OR  SOURCE  CATEGORY  TO  STATEWIDE
    9  GREENHOUSE GAS EMISSIONS, AND THE POTENTIAL FOR ADVERSE EFFECTS ON SMALL
   10  BUSINESSES, AND SHALL RECOMMEND A DE MINIMIS THRESHOLD OF GREENHOUSE GAS
   11  EMISSIONS BELOW WHICH EMISSION REDUCTION REQUIREMENTS WILL NOT APPLY.
   12  S 19-1303. TASK FORCE COMPOSITION.
   13    1.  THE  TASK FORCE SHALL CONSIST OF A TOTAL OF TWENTY-ONE MEMBERS AND
   14  SHALL INCLUDE THE COMMISSIONER, THE COMMISSIONER OF HEALTH, THE  COMMIS-
   15  SIONER  OF  AGRICULTURE AND MARKETS, THE SECRETARY OF STATE, THE COMMIS-
   16  SIONER OF ECONOMIC DEVELOPMENT, THE COMMISSIONER OF TRANSPORTATION,  THE
   17  COMMISSIONER  OF PARKS, RECREATION AND HISTORIC PRESERVATION, THE SUPER-
   18  INTENDENT OF FINANCIAL SERVICES, THE DIRECTOR OF  THE  STATE  OFFICE  OF
   19  EMERGENCY  MANAGEMENT,  THE  PRESIDENT  OF  THE  NEW  YORK  STATE ENERGY
   20  RESEARCH AND DEVELOPMENT AUTHORITY, THE CHAIRPERSON OF THE  METROPOLITAN
   21  TRANSPORTATION AUTHORITY, A REPRESENTATIVE FROM THE BOARD OF COMMISSION-
   22  ERS  FOR THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, AND THE CHAIR OF
   23  THE PUBLIC SERVICE COMMISSION OR THEIR DESIGNATED  REPRESENTATIVES;  THE
   24  TEMPORARY  PRESIDENT  OF  THE  SENATE  SHALL  APPOINT THREE MEMBERS; THE
   25  SPEAKER OF THE ASSEMBLY SHALL APPOINT THREE MEMBERS; THE MINORITY LEADER
   26  OF THE SENATE SHALL APPOINT ONE MEMBER; AND THE MINORITY LEADER  OF  THE
   27  ASSEMBLY  SHALL  APPOINT  ONE  MEMBER. ALL APPOINTED MEMBERS OF THE TASK
   28  FORCE SHALL HAVE AN EXPERTISE IN ONE OR MORE OF  THE  FOLLOWING  FIELDS:
   29  CLIMATOLOGY;  HYDROLOGY;  PLANNING;  HEALTH  CARE; ENVIRONMENTAL HEALTH;
   30  ECOLOGY; AGRICULTURE; ECONOMICS; AND ENERGY POLICY.
   31    2. THE COMMISSIONER OR HIS  OR  HER  DESIGNATED  REPRESENTATIVE  SHALL
   32  SERVE AS CHAIRPERSON OF THE TASK FORCE.
   33    3.  FOR  THE PURPOSES OF THIS SECTION, THE NON-GOVERNMENTAL APPOINTEES
   34  SHALL BE CONSIDERED OFFICERS OR EMPLOYEES OF PUBLIC ENTITIES  AND  SHALL
   35  BE  AFFORDED  SUCH DEFENSE AND INDEMNIFICATION PROVIDED UNDER THE PUBLIC
   36  OFFICERS LAW.
   37    4. THE MEMBERS OF THE TASK FORCE SHALL  RECEIVE  NO  COMPENSATION  FOR
   38  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
   39  INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   40    5.  NO  APPOINTED  MEMBER  OF  THE  TASK  FORCE SHALL BE AN ELECTED OR
   41  APPOINTED PUBLIC OFFICER.
   42  S 19-1305. POWERS AND DUTIES OF THE TASK FORCE.
   43    1. THE TASK FORCE SHALL MEET QUARTERLY, AND AT THE CALL OF THE  CHAIR-
   44  PERSON.
   45    2.  IN  RECOGNITION  OF  THE GLOBAL NATURE OF CLIMATE CHANGE, THE TASK
   46  FORCE MAY CONSULT WITH ANY ORGANIZATION, EDUCATIONAL INSTITUTION,  OTHER
   47  GOVERNMENT  ENTITY  OR AGENCY OR PERSON IN THE DEVELOPMENT OF ITS RECOM-
   48  MENDATIONS.
   49    3. THE DEPARTMENT SHALL PROVIDE THE TASK FORCE WITH  SUCH  FACILITIES,
   50  ASSISTANCE  AND  DATA  AS  WILL  ENABLE  THE TASK FORCE TO CARRY OUT ITS
   51  POWERS AND DUTIES.  ADDITIONALLY, ALL OTHER AGENCIES  OF  THE  STATE  OR
   52  SUBDIVISIONS THEREOF MAY, AT THE REQUEST OF THE CHAIRPERSON, PROVIDE THE
   53  TASK FORCE WITH SUCH FACILITIES, ASSISTANCE, AND DATA TO ENABLE THE TASK
   54  FORCE TO CARRY OUT ITS POWERS AND DUTIES.
   55    4.  A.  WITHIN  TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, THE
   56  TASK FORCE SHALL ISSUE A DRAFT CLIMATE CHANGE ACTION  PLAN  AS  PROVIDED
       A. 5943                             4
    1  FOR  IN  SUBDIVISION  TWO  OF  SECTION  19-1301 OF THIS TITLE. THE DRAFT
    2  CLIMATE CHANGE ACTION PLAN SHALL BE POSTED ON THE  DEPARTMENT'S  WEBSITE
    3  AND  A  NOTICE  OF THE ISSUANCE OF THE DRAFT PLAN SHALL BE POSTED IN THE
    4  ENVIRONMENTAL NOTICE BULLETIN. AT LEAST ONE PUBLIC HEARING SHALL BE HELD
    5  IN  EACH  DEPARTMENTAL REGION TO PROVIDE THE PUBLIC WITH THE OPPORTUNITY
    6  TO COMMENT ON THE DRAFT CLIMATE  CHANGE  ACTION  PLAN.  NOTICE  OF  SUCH
    7  PUBLIC HEARINGS SHALL BE PROVIDED ON THE DEPARTMENT'S WEBSITE AND IN THE
    8  ENVIRONMENTAL NOTICE BULLETIN.
    9    B. WITHIN SIXTY DAYS OF THE DATE OF THE FINAL PUBLIC HEARING, THE TASK
   10  FORCE  SHALL  SUBMIT A FINAL CLIMATE CHANGE ACTION PLAN TO THE GOVERNOR,
   11  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY.
   12  COPIES  OF  SUCH CLIMATE CHANGE ACTION PLAN SHALL ALSO BE MADE AVAILABLE
   13  TO THE PUBLIC AND POSTED ON THE DEPARTMENT'S WEBSITE AND NOTICE  OF  THE
   14  AVAILABILITY OF SUCH PLAN SHALL BE PUBLISHED IN THE ENVIRONMENTAL NOTICE
   15  BULLETIN.
   16    C.  THE CLIMATE CHANGE ACTION PLAN SHALL BE REVIEWED AND UPDATED EVERY
   17  TWO YEARS WITH ASSOCIATED PUBLIC HEARINGS, PUBLIC RELEASE AND POSTING OF
   18  THE UPDATED PLAN ON THE DEPARTMENT'S WEBSITE AND NOTICE IN THE  ENVIRON-
   19  MENTAL NOTICE BULLETIN.
   20    S  2.  This  act shall take effect on the ninetieth day after it shall
   21  have become a law; provided, however, that  effective  immediately,  the
   22  addition,  amendment  and/or  repeal of any rule or regulation necessary
   23  for the implementation of this act on its effective date  is  authorized
   24  and directed to be made and completed on or before such effective date.