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Express Terms - Proposed Part 496

Express Terms - Proposed Part 496

6 NYCRR Part 496 Statewide Emission Limits

(Statutory authority: Environmental Conservation Law, §§ 75-0107)

§ 496.1 Purpose

This Part adopts limits on the emissions of greenhouse gases from across the State and all sectors of the State economy for the years 2030 and 2050, as a percentage of 1990 emission levels of 60 percent and 15 percent, respectively, as established in the Climate Leadership and Community Protection Act, Chapter 106 of the Laws of 2019.

§ 496.2 Applicability


This Part applies to all parts of the State and to all State agencies, offices, authorities, and divisions in the context of programs, regulations, decisions, and planning documents specified in the Climate Leadership and Community Protection Act.

§ 496.3 Definitions

For the purposes of this Part, the following definitions apply:

(a) 'Anthropogenic greenhouse gases.' Greenhouse gas emissions resulting from or produced by human activities.

(b) 'Carbon Dioxide Equivalent.' The amount of carbon dioxide by mass that would produce the same global warming impact as the given mass of another greenhouse gas over a specific time frame and as published in the IPCC assessment report.

(c) 'Greenhouse Gas.' Gaseous constituents of the atmosphere that absorb and emit radiation at specific wavelengths within the spectrum of terrestrial radiation emitted by the Earth's surface, the atmosphere itself, and by clouds. For the purposes of the Part, this includes carbon dioxide, methane, nitrous oxide, perfluorocarbons, hydrofluorocarbons, and sulfur hexafluoride.

(d) 'GWP20.' An assessment of the Global Warming Potential of greenhouse gases over an integrated twenty-year time frame.

(e) 'IPCC.' Intergovernmental Panel on Climate Change.

(f) 'IPCC assessment report.' Appendix 8.A: Lifetimes, Radiative Efficiencies and Metric Values. Climate Change 2013: The Physical Science Basis. Contribution of Working Group I to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change, pp. 731-740, available from Department of Environmental Conservation, Office of Climate Change, 625 Broadway, Albany, NY 12233- 1030.

(g) 'Statewide Emission Limit.' The maximum allowable level of gross statewide greenhouse gas emissions in a specified year.

(h) 'Statewide Greenhouse Gas Emissions.' 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 and the extraction and transmission of fossil fuels imported into the state, expressed in tons of carbon dioxide equivalents.

§ 496.4 Statewide Emission Limits

(a) For the purposes of this Part, the estimated level of statewide greenhouse gas emissions in 1990 is 401.38 million metric tons of carbon dioxide equivalent, using a GWP20 as provided in the IPCC assessment report.

(b) For the purposes of this Part, the table below establishes statewide emission limits for the year specified, as a percentage of estimated 1990 statewide greenhouse gas emissions of 60 percent and 15 percent, respectively, measured in millions of metric tons of carbon dioxide equivalent gas using a GWP20 as provided in the IPCC assessment report.

Statewide Emission Limit (in million metric tons of carbon dioxide equivalent)
Year Statewide Emission Limit
2030 240.83
2050 60.21