NY Env Conserv L § 75-0103 (2021)
2021 New York Laws ENV - Environmental Conservation Article 75 - Climate Change 75-0103 - New York State Climate Action Council.

§ 75-0103. New York state climate action council.1.  There  is  hereby  established  the  New York state climate action   council ("council") which shall  consist  of  the  following  twenty-two   members:a.  the commissioners of transportation, health, economic development,   agriculture and markets, housing and  community  renewal,  environmental   conservation,  labor,  the chairperson of the public service commission,   the presidents of the New York state  energy  research  and  development   authority;  New  York  power authority; Long Island power authority; the   secretary of state, or their designees.b. two non-agency expert members appointed by the governor;c. three members to be appointed by the  temporary  president  of  the   senate;d. three members to be appointed by the speaker of the assembly;e.  one  member  to be appointed by the minority leader of the senate;   andf. one member to be appointed by the minority leader of the assembly.2. The at large members shall include at all  times  individuals  with   expertise  in  issues  relating  to  climate  change  mitigation  and/or   adaptation, such as environmental  justice,  labor,  public  health  and   regulated industries.3.  Council  members  shall receive no compensation for their services   but shall be reimbursed for actual and necessary  expenses  incurred  in   the performance of their duties.4.  The  co-chairpersons  of  the council shall be the commissioner of   environmental conservation and the  president  of  the  New  York  state   energy research and development authority or their designee.5.  Each  member  of  the  council  shall be entitled to one vote. The   council's approval and adoption of the final scoping  plan  pursuant  to   this  section, and any subsequent interim updates thereto, shall require   a supermajority of the council. No action may be taken  by  the  council   unless  there is a quorum, which shall at all times be a majority of the   members of the council.6. Any vacancies on the council shall be filled in the manner provided   for the initial appointment.7.  The  council  shall  convene  advisory  panels  requiring  special   expertise  and,  at  a  minimum,  shall  establish  advisory  panels  on   transportation, energy intensive and trade-exposed industries,  land-use   and  local  government, energy efficiency and housing, power generation,   and agriculture and forestry. The purpose of the advisory  panels  shall   be  to provide recommendations to the council on specific topics, in its   preparation of the scoping plan, and  interim  updates  to  the  scoping   plan, and in fulfilling the council's ongoing duties.a. Each advisory panel shall be chaired by the relevant agency head or   his  or  her  designee.  The council may convene and dissolve additional   advisory  panels,  in  its  sole  discretion,  and   pursuant   to   the   requirements herein.b.  Advisory  panels  shall  be  comprised of no more than five voting   members. The council  shall  elect  advisory  panel  members,  and  such   membership   shall  at  all  times  represent  individuals  with  direct   involvement or expertise in matters to  be  addressed  by  the  advisory   panels pursuant to this section.c.  Advisory  panels  shall  work  directly  with  the  council on the   preparation of the scoping plan pursuant to this section. Each  advisory   panel shall coordinate with the environmental justice advisory group and   climate justice working group.d.  All  agencies  of  the  state  or subdivisions thereof may, at the   request of any such advisory panel or the council, provide the  advisory    panel with such facilities, assistance, and data as will enable advisory   panels to carry out their powers and duties.8.  The  council  shall  convene  a just transition working group. The   working group shall be chaired by the  commissioner  of  labor  and  the   president  of  the  New  York  state  energy  research  and  development   authority and shall consist of no less than thirteen, but no  more  than   seventeen  members  and  shall  include the commissioners of housing and   community renewal, the  chair  of  the  department  of  public  service,   representatives of environmental justice communities and representatives   of  labor  organizations,  clean  energy  developers  and  at least five   representatives  of  distinct  energy-intensive  industries.  The   just   transition working group shall:a.  advise  the  council  on  issues  and  opportunities for workforce   development  and  training  related  to  energy   efficiency   measures,   renewable  energy  and  other  clean  energy technologies, with specific   focus  on  training  and  workforce  opportunities   for   disadvantaged   communities, and segments of the population that may be underrepresented   in  the  clean  energy  workforce  such  as veterans, women and formerly   incarcerated persons;b.  identify  energy-intensive  industries  and  related  trades   and   identify  sector  specific  impacts of the state's current workforce and   avenues to maximize the skills and expertise of New York  state  workers   in the new energy economy;c. identify sites of electric generating facilities that may be closed   as  a result of a transition to a clean energy sector and the issues and   opportunities presented by reuse of those sites;d. with respect  to  potential  for  greenhouse  gas  emission  limits   developed  by  the  department of environmental conservation pursuant to   this article, advise the council on  the  potential  impacts  of  carbon   leakage  risk  on  New York state industries and local host communities,   including the impact of any potential carbon reduction measures  on  the   competitiveness of New York state business and industry;e.  advise  the  council and conduct stakeholder outreach on any other   workforce matters directed by the council; andf. at a time frame determined by  the  council,  prepare  and  publish   recommendations   to   the   council  on  how  to  address:  issues  and   opportunities  related  to  the   energy-intensive   and   trade-exposed   entities;    workforce    development    for   trade-exposed   entities,   disadvantaged  communities  and   underrepresented   segments   of   the   population;  measures  to  minimize the carbon leakage risk and minimize   anti-competitiveness impacts of any potential carbon policies and energy   sector mandates.g. The just transition working group is hereby authorized and directed   to conduct a study of and report on:i. The number of jobs created to counter climate change,  which  shall   include  but  not  be  limited  to  the  energy sector, building sector,   transportation sector, and working lands sector;ii. The projection of the inventory of jobs needed and the skills  and   training  required to meet the demand of jobs to counter climate change;   andiii. Workforce disruption due to  community  transitions  from  a  low   carbon economy.9.  The  department  and  the  New  York  state  energy  research  and   development authority shall provide the council  with  such  facilities,   assistance  and  data as will enable the council to carry out its powers   and  duties.    Additionally,  all  other  agencies  of  the  state   or   subdivisions thereof may, at the request of the co-chairpersons, provide    the  council  with  such facilities, assistance, and data as will enable   the council to carry out its powers and duties.10.  The  council shall consult with the climate justice working group   established in section 75-0111 of this article, the department of  state   utility  intervention  unit,  and the federally designated electric bulk   system operator.11. The council shall on or before two years of the effective date  of   this   article,  prepare  and  approve  a  scoping  plan  outlining  the   recommendations for attaining the  statewide  greenhouse  gas  emissions   limits in accordance with the schedule established in section 75-0107 of   this  article,  and  for  the  reduction of emissions beyond eighty-five   percent, net zero emissions in all sectors of the economy,  which  shall   inform the state energy planning board's adoption of a state energy plan   in  accordance  with  section  6-104  of the energy law. The first state   energy plan issued subsequent to completion of the scoping plan required   by this section shall incorporate the recommendations of the council.12. The draft scoping plan shall be developed in consultation with the   environmental justice advisory group, and the  climate  justice  working   group  established pursuant to section 75-0111 of this article and other   stakeholders.a. The council  shall  hold  at  least  six  regional  public  comment   hearings  on  the  draft  scoping  plan, including three meetings in the   upstate region and three meetings in the  downstate  region,  and  shall   allow  at  least  one  hundred  twenty days for the submission of public   comment.b. The council  shall  provide  meaningful  opportunities  for  public   comment from all segments of the population that will be impacted by the   plan,   including   persons   living  in  disadvantaged  communities  as   identified pursuant to section 75-0111 of this article.c. On or before three years of the effective date of this article, the   council shall submit the final scoping plan to the governor, the speaker   of the assembly and the temporary president of the senate and post  such   plan on its website.13.  The  scoping  plan  shall  identify  and  make recommendations on   regulatory measures  and  other  state  actions  that  will  ensure  the   attainment  of the statewide greenhouse gas emissions limits established   pursuant to section 75-0107 of this article. The  measures  and  actions   considered in such scoping plan shall at a minimum include:a.   Performance-based   standards   for  sources  of  greenhouse  gas   emissions, including but not limited to sources in  the  transportation,   building, industrial, commercial, and agricultural sectors.b.  Measures  to  reduce  emissions  from  the  electricity  sector by   displacing fossil-fuel fired electricity with renewable  electricity  or   energy efficiency.c.  Land-use  and  transportation  planning measures aimed at reducing   greenhouse gas emissions from motor vehicles.d. Measures to achieve long-term carbon sequestration  and/or  promote   best management practices in land use, agriculture and forestry.e.  Measures  to  achieve  six  gigawatts  of distributed solar energy   capacity installed in  the  state  by  two  thousand  twenty-five,  nine   gigawatts   of   offshore   wind  capacity  installed  by  two  thousand   thirty-five,  a  statewide  energy  efficiency  goal  of   one   hundred   eighty-five trillion British thermal units energy reduction from the two   thousand  twenty-five  forecast; and three gigawatts of statewide energy   storage capacity by two thousand thirty.f. Measures to promote the beneficial electrification of personal  and   freight   transport  and  other  strategies  to  reduce  greenhouse  gas   emissions from the transportation sector. g.  Measures  to  achieve  reductions  in  energy  use   in   existing   residential   or   commercial   buildings,   including   the  beneficial   electrification of water and space heating  in  buildings,  establishing   appliance  efficiency  standards,  strengthening  building energy codes,   requiring   annual   building  energy  benchmarking,  disclosing  energy   efficiency in home sales, and expanding the ability of state  facilities   to utilize performance contracting.h. Recommendations to aid in the transition of the state workforce and   the rapidly emerging clean energy industry.i.  Measures  to  achieve  healthy  forests that support clean air and   water, biodiversity, and sequester carbon.j. Measures to limit the use of chemicals, substances or products that   contribute to global climate change when released to the atmosphere, but   are not intended for end-use combustion.k. Mechanisms to limit emission  leakage  as  defined  in  subdivision   eleven of section 75-0101 of this article.l. Verifiable, enforceable and voluntary emissions reduction measures.14. In developing such plan the council shall:a.  Consider  all  relevant  information  pertaining to greenhouse gas   emissions reduction programs in states  in  the  United  States  Climate   Alliance, as well as other states, regions, localities, and nations.b.  Evaluate,  using  the  best  available  economic  models, emission   estimation techniques and other scientific methods, the total  potential   costs  and  potential economic and non-economic benefits of the plan for   reducing greenhouse gases, and make such evaluation publicly  available.   In conducting this evaluation, the council shall quantify:i.  The  economic  and  social  benefits  of  greenhouse gas emissions   reductions, taking into account the value of carbon, established by  the   department  pursuant to section 75-0113 of this article, any other tools   that the council deems useful and pertinent for this analysis,  and  any   environmental,  economic  and  public  health  co-benefits  (such as the   reduction of co-pollutants and the diversification of  energy  sources);   andii.  The  costs of implementing proposed emissions reduction measures,   and the emissions reductions  that  the  council  anticipates  achieving   through these measures.c.  Take  into  account  the  relative  contribution of each source or   source category to statewide greenhouse gas emissions, and the potential   for adverse effects on small businesses,  and  recommend  a  de  minimis   threshold  of  greenhouse  gas  emissions below which emission reduction   requirements will not apply.d. Identify measures to maximize reductions  of  both  greenhouse  gas   emissions  and  co-pollutants in disadvantaged communities as identified   pursuant to section 75-0111 of this article.15. The council shall update its  plan  for  achieving  the  statewide   greenhouse gas emissions limits at least once every five years and shall   make such updates available to the governor, the speaker of the assembly   and  the  temporary president of the senate and post such updates on its   website.16. The council shall identify existing climate change mitigation  and   adaptation  efforts at the federal, state, and local levels and may make   recommendations regarding how such  policies  may  improve  the  state's   efforts.17.  The  council shall maintain a website that includes public access   to the scoping plan and greenhouse gas limit information.