BILL NUMBER: S8607
SPONSOR: WALCZYK
 
TITLE OF BILL:
An act to repeal section 75-0109 of the environmental conservation law,
relating to the promulgation of regulations to achieve statewide green-
house gas emissions reductions
 
PURPOSE:
This bill would repeal Section 75-0109 of the Environmental Conservation
Law, which would effectively end the cap-and-invest program along with
repealing the unrealistic emission mandates placed into law under the
Climate Leadership and Community Protection Act (CLCPA).
 
SUMMARY OF PROVISIONS:
Section 1 repeals Section 75-0109 of the Environmental Conservation Law.
Section 2 is the effective date.
 
EXISTING LAW:
Section 75-0109 of the Environmental Conservation Law requires the
Department of Environmental Conservation, no later than 2023, to promul-
gate rules and regulations to ensure compliance with the statewide emis-
sions reduction limits required under the CLCPA.
 
JUSTIFICATION:
This legislation is in direct response to a ruling by an Albany County
judge ordering the Department of Environmental Conservation to issue
regulations to cut emissions by February 6th of next year. The judge
ruled the State had to issue Cap-and-Invest regulations to cut emissions
by February of next year to come in compliance with section 75-0109 of
the Environmental Conservation Law. By repealing this provision of law,
the plaintiffs to the lawsuit no longer have legal justification to
require the implementation of a Cap-and-Invest program.
The Cap-and-Invest program is projected to tax New York companies $10
billion per year. A tax which will be passed down to consumers as higher
prices.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
New Yorkers will save hundreds of billions of dollars by repealing the
emission mandates. The conservative cost estimate of compliance with the
CLCPA is $340 billion.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S8607: 75-0109 environmental conservation law