§ 75-0109. Promulgation of regulations to achieve statewide greenhouse\n gas emissions reductions.\n 1. No later than December thirty-first, two thousand twenty-eight, the\ndepartment, after public workshops and consultation with the council,\nthe environmental justice advisory group, and the climate justice\nworking group established pursuant to section 75-0111 of this article,\nrepresentatives of regulated entities, community organizations,\nenvironmental groups, health professionals, labor unions, municipal\ncorporations, trade associations and other stakeholders, shall, after no\nless than two public hearings, promulgate, in accordance with\nsubdivision three of this section, rules and regulations designed to:\n(i) achieve, to the maximum extent feasible and cost effective, a sixty\npercent reduction in statewide greenhouse gas emissions from 1990\nemissions by two thousand forty; and (ii) to ensure compliance with the\nstatewide emissions reduction limit established in paragraph b of\nsubdivision one of section 75-0107 of this article, and work with other\nstate agencies and authorities to promulgate regulations required by\nsection eight of chapter one hundred six of the laws of two thousand\nnineteen.\n 2. The regulations promulgated by the department pursuant to this\nsection shall:\n a. Ensure that the aggregate emissions of greenhouse gases from\ngreenhouse gas emission sources will not exceed the statewide greenhouse\ngas emissions limits established in section 75-0107 of this article.\n b. Include legally enforceable emissions limits, performance\nstandards, or measures or other requirements to control emissions from\ngreenhouse gas emission sources, with the exception of agricultural\nemissions from livestock.\n c. Reflect, in substantial part, the findings of the scoping plan\nprepared pursuant to section 75-0103 of this article.\n d. Include measures to reduce emissions from greenhouse gas emission\nsources that have a cumulatively significant impact on statewide\ngreenhouse gas emissions, such as internal combustion vehicles that burn\ngasoline or diesel fuel and boilers or furnaces that burn oil or natural\ngas.\n 3. In promulgating these regulations, the department shall:\n a. Design and implement all regulations in a manner that seeks to be\nequitable, to minimize costs and to maximize the total benefits to New\nYork, and encourages early action to reduce greenhouse gas emissions;\n b. Ensure that greenhouse gas emissions reductions achieved are real,\npermanent, quantifiable, verifiable, and enforceable by the department;\n c. Ensure that activities undertaken to comply with the regulations do\nnot result in a net increase in co-pollutant emissions or otherwise\ndisproportionately burden disadvantaged communities as identified\npursuant to section 75-0111 of this article;\n d. Prioritize measures to maximize net reductions of greenhouse gas\nemissions and co-pollutants in disadvantaged communities as identified\npursuant to section 75-0111 of this article and encourage early action\nto reduce greenhouse gas emissions and co-pollutants;\n e. Incorporate measures to minimize leakage; and\n f. Consider the following, in the course of developing a regulatory\nprogram or programs as required by this section:\n i. the feasibility and adoption of: programs that utilize regulatory\nmechanisms, including a market-based economy-wide cap-and-invest program\nthat could be linked to other jurisdictions and provide market\ncertainty; clean energy supply standards; and other regulations;\n ii. the affordability of the programs identified in subparagraph i of\nthis paragraph for state residents, businesses and other entities,\nincluding how the pace and sequencing of the emissions reduction\nstrategies affect total costs over time, and through assessing energy\ncost impacts across customer classes and uses, as well as the\nutilization of effective cost containment measures as needed;\n iii. the
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