Promulgate regulations to ensure compliance with the statewide emissions reduction limits.
- Date Due:
- 01/01/2024
- Responsible Entity:
- DEC
- Action:
- Promulgate regulations to ensure compliance with the statewide emissions reduction limits.
- Summary:
- After public workshops and consultation with certain stakeholders, DEC will promulgate regulations to ensure compliance with GHG reduction targets that reflect the scoping plan and include GHG sources that have cumulatively significant impacts.
- Status:
- PENDING: DEC is in the process of developing its Cap-and-Invest Rule (forthcoming 6 NYCRR Part 252). DEC is also proposing amendments to 6 NYCRR Part 494, “Hydrofluorocarbon Standards and Reporting,” and a new regulation, 6 NYCRR Part 495, “Sulfur Hexafluoride Standards and Reporting.”
- Statute:
- CLCPA § 2 adds new ECL § 75-0109(1), (2)(a)-(d).
The CLCPA requires DEC to promulgate rules and regulations to ensure compliance with the statewide emissions reduction limits and work with other state agencies and authorities to promulgate regulations required.
Statutory Language:
CLCPA § 75-0109 (1)-(2): "No later than four years after the effective date of this article, the department, after public workshops and consultation with the council, the environmental justice advisory group, and the climate justice working group established pursuant to section 75-0111 of this article representatives of regulated entities, community organizations, environmental groups, health professionals, labor unions, municipal corporations, trade associations and other stakeholders, shall, after no less than two public hearings, promulgate rules and regulations to ensure compliance with the statewide emissions reduction limits and work with other state agencies and authorities to promulgate regulations required by section eight of the chapter of the laws of two thousand nineteen that added this article.
2. The regulations promulgated by the department pursuant to this section shall:
a. Ensure that the aggregate emissions of greenhouse gases from greenhouse gas emission sources will not exceed the statewide greenhouse gas emissions limits established in section 75-0107 of this article.
b. Include legally enforceable emissions limits, performance standards, or measures or other requirements to control emissions from greenhouse gas emission sources, with the exception of agricultural emissions from livestock.
c. Reflect, in substantial part, the findings of the scoping plan prepared pursuant to section 75-0103 of this article.
d. Include measures to reduce emissions from greenhouse gas emission sources that have a cumulatively significant impact on statewide greenhouse gas emissions, such as internal combustion vehicles that burn gasoline or diesel fuel and boilers or furnaces that burn oil or natural gas."