Ensure that GHG emission offsets will not disproportionately burden disadvantaged communities.

The CLCPA instructs the DEC, to promulgate rules and regulations to ensure compliance with the statewide emissions reduction limits. In doing so, the DEC may establish an alternative compliance mechanism to be used by sources subject to greenhouse gas emissions limits to achieve net zero emissions. However, the use of such mechanism cannot result in disadvantaged communities having to bear a disproportionate burden of environmental impacts.

Statutory Language:

CLCPA § 75-0109 (4)(a)-(b): "The department may establish an alternative compliance mechanism to be used by sources subject to greenhouse gas emissions limits to achieve net zero emissions.

b. The use of such mechanism shall account for not greater than fifteen percent of statewide greenhouse gas emissions estimated as a percentage of nineteen ninety emissions pursuant to section 75-0105 of this article, provided that the use of this mechanism must offset a quantity greater than or equal to the greenhouse gases emitted. The offset of greenhouse gas emissions shall not result in disadvantaged communities having to bear a disproportionate burden of environmental impacts."