N.Y. Environmental Conservation Law § 75-0101: Definitions

§ 75-0101. Definitions.

For the purposes of this article the following terms shall have the

following meanings:

1. "Allowance" means an authorization to emit, during a specified

year, up to one ton of carbon dioxide equivalent.

2. "Carbon dioxide equivalent" means the amount of carbon dioxide by

mass that would produce the same global warming impact as a given mass

of another greenhouse gas over an integrated one hundred-year time frame

after emission.

3. "Co-pollutants" means hazardous air pollutants produced by

greenhouse gas emissions sources.

4. "Council" means the New York state climate action council

established pursuant to section 75-0103 of this article.

5. "Disadvantaged communities" means communities that bear burdens of

negative public health effects, environmental pollution, impacts of

climate change, and possess certain socioeconomic criteria, or comprise

high-concentrations of low- and moderate- income households, as

identified pursuant to section 75-0111 of this article.

6. "Emissions reduction measures" means programs, measures and

standards, authorized pursuant to this chapter, applicable to sources or

categories of sources, that are designed to reduce emissions of

greenhouse gases.

7. "Greenhouse gas" means carbon dioxide, methane, nitrous oxide,

hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other

substance emitted into the air that may be reasonably anticipated to

cause or contribute to anthropogenic climate change.

8. "Greenhouse gas emission limit" means the maximum allowable level

of statewide greenhouse gas emissions, excluding emissions identified

under paragraph f of subdivision two of section 75-0105 of this article,

in a specified year, expressed in tons of carbon dioxide equivalent, as

determined by the department pursuant to this article.

9. "Greenhouse gas emission offset" means a deduction representing one

metric ton of carbon dioxide equivalent emissions, reduced, avoided, or

sequestered by a greenhouse gas emission offset project from a measured

baseline of emissions pursuant to the statewide greenhouse gas emissions

report.

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.

11. "Greenhouse gas emission source" or "source" means any

anthropogenic source or category of anthropogenic sources of greenhouse

gas emissions, determined by the department:

a. whose participation in the program will enable the department to

effectively reduce greenhouse gas emissions; and,

b. that are capable of being monitored for compliance.

12. "Leakage" means a reduction in emissions of greenhouse gases

within the state that is offset by an increase in emissions of

greenhouse gases outside of the state.

13. "Statewide greenhouse gas emissions" means the total annual

emissions of greenhouse gases produced within the state from

anthropogenic sources and greenhouse gases produced outside of the state

that are associated with the generation of electricity imported into the

state. Statewide emissions shall be expressed in tons of carbon dioxide

equivalents.

14. "Statewide greenhouse gas emissions limit" or "statewide emissions

limit" means the maximum allowable level of statewide greenhouse gas

emissions in a specified year, as determined by the department pursuant

to this article.

15. "Environmental justice advisory group" shall mean the permanent

environmental justice advisory group established by a chapter of the

laws of two thousand nineteen amending the environmental conservation

law relating to establishing a permanent environmental justice advisory

group and an environmental justice interagency coordinating council, as

proposed in legislative bills numbers S. 2385 and A. 1564.