Properly prioritize offset projects.
- Date Due:
- Responsible Entity:
- Properly prioritize offset projects.
- In approving greenhouse gas emission offset projects, the DEC must prioritize projects that maximize public health and environmental benefits within the state and especially localized benefits in disadvantaged communities.
- CLCPA § 2 adds ECL § 75-0109(4)(j).
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. The DEC must only approve greenhouse gas emission offset projects designed to provide a discernible benefit to the environment rather than to the source, among other criteria, and prioritize projects that maximize public health and environmental benefits within the state and especially localized benefits in disadvantaged communities.
CLCPA § 75-0109(4)(j): “In approving greenhouse gas emission offset projects, the department shall prioritize projects that maximize public health and environmental benefits within the state and especially localized benefits in disadvantaged communities, defined pursuant to section 75-0111 of this article."
§ 75-0101 (5),(10):
"5. 'Disadvantaged communities' means communities that bear burdens of 14 negative public health effects, environmental pollution, impacts of 15 climate change, and possess certain socioeconomic criteria, or comprise 16 high-concentrations of low- and moderate- income households, as identi- 17 fied pursuant to section 75-0111 of this article.
10. 'Greenhouse gas emission offset projects' means one or more projects, including:
a. Natural carbon sinks including but not limited to afforestation, reforestation, or wetlands restoration;
b. Greening infrastructure;
c. Restoration and sustainable management of natural and urban forests or working lands, grasslands, coastal wetlands and sub-tidal habitats;
d. Efforts to reduce hydrofluorocarbon refrigerant, sulfur hexafluoride, and other ozone depleting substance releases;
e. Anaerobic digesters, where energy produced is directed toward localized use;
f. Carbon capture and sequestration;
g. Ecosystem restoration; and
h. Other types of projects recommended by the council in consultation with the climate justice working group that provide public health and environmental benefits, and do not create burdens in disadvantaged communities."
- Approved Projects Must:
- Be designed to provide a discernible benefit to the environment rather than to the source.
- Be located in the same county, and within twenty-five linear miles, of the source of emissions, to the extent practicable.
- Enhance the conditions of the ecosystem or geographic are adversely affected.
- Substantially reduce or prevent the generation or release of pollutants through source reduction.
- Prohibited Projects:
- Sources in the electric generation sector.
- Waste-to-energy projects, including incineration and pyrolysis.
- Biofuels used for energy or transportation purposes
- Projects required pursuant to any local, state or federal law, regulation, or administrative or judicial order.
- Projects that contain measures which the source would have undertaken anyway within the next five years.
- Projects that contribute to environmental research at a college or university.
- Projects which is apart of a study or assessment without a commitment to implement the results.