Verify GHG emission offsets.

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, this mechanism must offset a quantity greater than or equal to the greenhouse gases emitted. Thus, the DEC must certify that greenhouse gas emission offset projects represent greenhouse gas equivalent emission reductions or carbon sequestration that are real, additional, verifiable, enforceable, and permanent.

Statutory Language:

CLCPA § 75-0109 (4)(c): "The department shall verify that greenhouse gas emission offset projects authorized pursuant to this subdivision represent greenhouse gas equivalent emission reductions or carbon sequestration that are real, additional, verifiable, enforceable, and permanent."

§ 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."