N.Y. Environmental Conservation Law § 75-0105: Statewide greenhouse gas emissions report

§ 75-0105. Statewide greenhouse gas emissions report.

1. No later than two years after the effective date of this article,

and each year thereafter, the department shall issue a report on

statewide greenhouse gas emissions, expressed in tons of carbon dioxide

equivalents, from all greenhouse gas emission sources in the state,

including the relative contribution of each type of greenhouse gas and

each type of source to the statewide total.

2. The statewide greenhouse gas emissions report shall be a

comprehensive evaluation, informed by a variety of data, including but

not limited to:

a. information relating to the use of fossil fuels by sector,

including for electricity generation, transportation, heating, and other

combustion purposes;

b. information relating to fugitive and vented emissions from systems

associated with the production, processing, transport, distribution,

storage, and consumption of fossil fuels, including natural gas;

c. information relating to emissions from non-fossil fuel sources,

including, but not limited to, garbage incinerators, biomass combustion,

landfills and landfill gas generators, and anaerobic digesters;

d. information relating to emissions associated with manufacturing,

chemical production, cement plants, and other processes that produce

non-combustion emissions;

e. information from sources that may be required to participate in the

registration and reporting system pursuant to subdivision four of this

section; and

f. carbon dioxide emissions from biogenic sources shall be reported

separately, consistent with treatment of biogenic carbon dioxide

emissions under the methodologies of the Intergovernmental Panel on

Climate Change.

3. The statewide greenhouse gas emissions report shall also include an

estimate of greenhouse gas emissions associated with the generation of

imported electricity and with the extraction and transmission of fossil

fuels imported into the state which shall be counted as part of the

statewide total.

4. Within one year after the effective date of this article, the

department shall consider establishing a mandatory registry and

reporting system from individual sources to obtain data on greenhouse

gas emissions exceeding a particular threshold. If established, such

registry and reporting system shall apply a consistent reporting

threshold to ensure the unbiased collection of data.

5. The statewide greenhouse gas emissions report shall also include an

estimate of what the statewide greenhouse gas emissions level was in

1990.

6. The statewide greenhouse gas emissions report shall utilize best

available science and methods of analysis, including the comparison and

reconciliation of emission estimates from all sources, fuel consumption,

field data, and peer-reviewed research.

7. The statewide greenhouse gas emissions report shall clearly explain

the methodology and analysis used in the department's determination of

greenhouse gas emissions and shall include a detailed explanation of any

changes in methodology or analysis, adjustments made to prior estimates,

as needed, and any other information necessary to establish a

scientifically credible account of change.

8. The department shall hold at least two public hearings to seek

public input regarding the methodology and analysis used in the

determination of statewide greenhouse gas emissions, and periodically

thereafter.