AN ACT CONCERNING CLIMATE CHANGE.
AN ACT CONCERNING CLIMATE CHANGE.
1 of document(s) retrieved

General Assembly

Proposed Substitute

Bill No. 595

February Session, 2004

LCO No. 2638

AN ACT CONCERNING CLIMATE CHANGE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2004) As used in sections 1 to 4, inclusive, of this act:

(1) "Direct emissions" means emissions from sources that are owned or operated, in whole or in part, by an entity or facility, including, but not limited to, emissions from factory stacks, manufacturing processes and vents, and company owned or leased motor vehicles;

(2) "Entity" means a person, as defined in section 22a-2 of the general statutes, that owns or operates, in whole or in part, a source of greenhouse gas emissions from a generator of electricity or a commercial or industrial site, which source may include, but not be limited to, a transportation fleet;

(3) "Facility" means a building, structure or installation located on any one or more contiguous or adjacent properties of an entity;

(4) "Greenhouse gas" means any chemical or physical substance that is emitted into the air and that the Commissioner of Environmental Protection may reasonably anticipate to cause or contribute to climate change, including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride;

(5) "Indirect emissions" means emissions that are a consequence of the activities of an entity or facility subject to the reporting requirements of section 4 of this act, but which occur at sources owned or operated by another entity, including, but not limited to, the production of electricity, hot water or steam for the operation of an entity or facility.

Sec. 2. (NEW) (Effective October 1, 2004) There is established a Governor's Steering Committee on Climate Change consisting of seven members, including the chairperson of the board of directors of Connecticut Innovations, Incorporated, the chairperson of the Public Utilities Control Authority, the Commissioner of Environmental Protection, the Commissioner of Administrative Services, the Commissioner of Transportation, the Commissioner of Education and the Secretary of the Office of Policy and Management, or their respective designees. The steering committee shall assist with the implementation of the state-wide goals to reduce emissions of greenhouse gases by performing the duties set forth in section 3 of this act.

Sec. 3. (NEW) (Effective October 1, 2004) (a) It shall be the goal of the state to reduce emissions of greenhouse gas to those levels emitted in 1990, which reduction to occur not later than January 1, 2010, and to levels ten per cent below the 1990 levels not later than January 1, 2020. The Commissioner of Environmental Protection shall consult with the Conference of New England Governors and Eastern Canadian Premiers to establish a date for the long-term goal of reducing the emissions of greenhouse gas by seventy-five to eighty-five per cent below 2001 levels. If the Conference of New England Governors and Eastern Canadian Premiers has not established a date for such long-term goal by January 1, 2005, the date for reaching such goal shall be 2050.

(b) Not later than January 1, 2005, the Governor's Steering Committee on Climate Change, established pursuant to section 2 of this act, shall develop a climate change action plan, with the opportunity for public comment, which plan shall contain the policies and programs necessary to achieve the state's goals for the reduction of greenhouse gas emissions by 2010 and 2020. Not later than January 1, 2008, the steering committee shall develop an amended climate change action plan, with the opportunity for public comment, for achieving the long-term goal established pursuant to subsection (a) of this section.

(c) Not later than September 30, 2004, and annually thereafter, the Commissioner of Environmental Protection, in collaboration with the commissioners of other state agencies and the steering committee, shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment on the progress made in achieving the goals established in subsection (a) of this section and to evaluate the appropriateness of the climate change action plans developed pursuant to subsection (b) of this section in achieving such goals. The commissioner shall provide an opportunity for public comment on such report prior to submission.

Sec. 4. (NEW) (Effective October 1, 2004) (a) The Commissioner of Environmental Protection shall establish and administer a greenhouse gas registry to collect data on greenhouse gas emissions by entities or facilities and the annual state greenhouse gas emissions inventory developed pursuant to subsection (f) of this section. The commissioner may develop the registry and reporting system in conjunction with other states or a regional consortium and shall make the data from such registry available on the department's Internet web site or, in the alternative, on the Internet web site of the regional consortium selected by the commissioner.

(b) Not later than July 1, 2006, and annually thereafter, any facility that has stationary sources of greenhouse gas shall report to the commissioner all direct emissions of greenhouse gas if such facility has to report air emissions data to the Department of Environmental Protection or the federal Environmental Protection Agency pursuant to the federal Clean Air Act, the Toxic Release Inventory pursuant to the federal Pollution Prevention Act of 1990, or similar legislation, and the state or any political subdivision thereof.

(c) Not later than July 1, 2008, and annually thereafter, any entity or facility with a combined direct and indirect emission of ten thousand metric tons of carbon dioxide equivalent per year shall report to the commissioner all indirect and direct emissions of greenhouse gas.

(d) Not later than July 1, 2006, the commissioner shall collect information on emissions of greenhouse gas and reductions of such gases by entities and facilities that are not required to submit information pursuant to subsections (b) and (c) of this section but which do so on a voluntary basis.

(e) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to establish guidelines for such emissions pursuant to this subsection, including, but not limited to, a methodology for determining the carbon dioxide equivalent of a particular greenhouse gas, as multiplied by its global warming potential, for reporting requirements pursuant to subsection (c) of this section, qualifying project reductions or offsets for voluntary reporting pursuant to subsection (d) of this section, and threshold quantities of emissions an entity or facility is required to report pursuant to this section, which regulations shall be consistent with reporting requirements pursuant to federal or regional greenhouse gas reporting initiatives.

(f) Not later than July 1, 2006, and biennially thereafter, the commissioner shall publish a state greenhouse gas emissions inventory that includes comprehensive estimates of the quantity of greenhouse gas emissions in the state for the previous year. The inventory shall include, but not be limited to, for each greenhouse gas, an estimate of the quantity of emissions divided by categories of sources, as determined by the commissioner, an analysis of the trends in the quantity, composition and sources of emissions, an explanation of the methodology used in developing the inventory and an analysis of data submitted to the registry.

Sec. 5. Section 4a-67h of the general statutes, as amended by section 9 of public act 03-19, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) As used in this section, "environmentally preferable" means, with regard to products, services or practices, that such products, services or practices have a lesser or reduced negative effect on human health and the environment when compared to competing products, services or practices that serve the same function. "Environmentally preferable products" includes both recycled and recyclable products.

(b) Within available appropriations, the Department of Administrative Services shall establish procedures that promote, to the greatest extent feasible, the procurement and use of recycled products and environmentally preferable products, [and] services, and practices by state agencies. The department shall: (1) Designate environmentally preferable products, taking into consideration the raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance or disposal aspects of such products, and establish minimum standards and specifications for their procurement and use; (2) when feasible, include the use of environmentally preferable products and services as a criteria in a multiple criteria bid or an evaluation factor in requests for proposals; and (3) consider the use of environmentally preferable business practices when reviewing the overall performance of a bidder or proposer's business operation. Such procedures shall not be considered regulations, as defined in section 4-166.

(c) [Within available appropriations] Not later than January 1, 2005, and annually thereafter, the department shall: (1) Develop and maintain information about environmentally preferable products, [and] services and practices procured through the department, including, but not limited to, products, services and practices that minimize global warming impact and recycled products [; ] and (2) provide assistance with the implementation of the procedures developed pursuant to subsection (b) of this section and provide information to agencies about the use of environmentally preferable products and services. [; and (3)]

(d) All agencies that procure products and services shall maintain information about their use of environmentally preferable products and services and shall submit such information annually to the department. The department shall monitor the use of environmentally preferable products, [and] services and practices and recycled products by state agencies. Such information compiled pursuant to subsection (c) of this section and this subsection shall designate those products, services or practices that cost the same or less than other similar products, services or practices.

This act shall take effect as follows:

Section 1

October 1, 2004

Sec. 2

October 1, 2004

Sec. 3

October 1, 2004

Sec. 4

October 1, 2004

Sec. 5

October 1, 2004