Review sources utilizing the alternative source mechanism every 4 years.

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 establish an application process that, at a minimum, requires a source to sufficiently demonstrate that compliance with the greenhouse gas emissions limits is not technologically feasible, and that the source has reduced emissions to the maximum extent practicable. After 4 years, the DEC must review the participation of a source in this mechanism, and make a determination as to the source's continued need for an alternative compliance, considering the extent to which the source is utilizing the best available technology standards.

Statutory Language:

CLCPA § 75-0109 (4)(e): "The department shall establish an application process that, at a minimum, requires a source to sufficiently demonstrate that compliance with the greenhouse gas emissions limits is not technologically feasible, and that the source has reduced emissions to the maximum extent practicable. After an initial four year period, the department shall review the participation of a source in this mechanism, and make a determination as to the source's continued need for an alternative compliance, considering the extent to which the source is utilizing the best available technology standards."

§ 75-0101 (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."