Ensure that the use of any alternative compliance mechanism will account for less than than 15% of statewide GHGs.
- Date Due:
- N/A
- Responsible Entity:
- DEC
- Action:
- Ensure that the use of any alternative compliance mechanism will account for less than than 15% of statewide GHGs.
- Summary:
- The DEC may establish an alternative compliance mechanism for sources to use in meeting the zero-emission mandate, but must ensure that the mechanism will account for less than 15% of statewide GHG emissions, and that the mechanism's use offsets an equal or greater amount of GHG emissions.
- Status:
- PENDING
- Statute:
- CLCPA § 2 adds ECL § 75-0109(4) (b).
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 account for more than 15% of GHG emissions and must offset at least the same quantity of GHGs emitted.
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."