New York, Jan. 1 – New York State faced a critical deadline on January 1, integral to achieving its ambitious climate targets set forth in the landmark 2019 Climate Leadership and Community Protection Act. Unfortunately, two crucial state agencies failed to meet the deadline, raising concerns about the state’s ability to implement the law within the specified timeline.
According to the Climate Leadership and Community Protection Act, the New York State Department of Environmental Conservation (DEC) and the New York State Energy Research and Development Agency (NYSERDA) were expected to release and circulate regulations aimed at ensuring the state meets its greenhouse gas emission limits. These targets include a 40% reduction below 1990 levels by 2030 and an 85% reduction by 2050. However, instead of presenting finalized regulations, the two agencies released a “pre-proposal outline” for the cap-and-invest program established in the previous year’s budget, a program crucial to achieving the state’s emission reduction goals.
The cap-and-invest program is designed to impose emissions caps on major businesses, compelling them to purchase exemptions if they exceed the established limits. The number of permitted exemptions is set to decrease annually. In response to concerns, the DEC assured stakeholders that it is “working diligently” to fulfill the state’s climate law objectives. The agency explained that the pre-proposal was developed through extensive statewide stakeholder outreach, with additional input anticipated throughout the year.
The DEC further stated that it is actively addressing the statutory deadline outlined in the Climate Leadership and Community Protection Act by implementing various measures, including recent regulations to reduce hydrofluorocarbons and sulfur hexafluoride emissions, as well as finalizing regulations in 2022 to ensure compliance with the climate law by facilities and entities regulated by the DEC.
While the Environmental Defense Fund praised the release of the pre-proposal as a demonstration of Governor Kathy Hochul’s commitment to addressing climate change, other climate advocates expressed dissatisfaction with yet another missed deadline. Pete Sikora, senior adviser at New York Communities for Change, criticized the delay, stating that Governor Hochul had surpassed a key deadline for a law she refers to as “nation-leading.” Sikora highlighted the urgency of addressing climate change and expressed disappointment at the limited progress made within the legal deadline.
The delays faced by DEC and NYSERDA are not isolated incidents, as the Climate Action Council, tasked with making recommendations to achieve the state’s climate goals, also missed its deadlines. The council’s scoping plan, a crucial component of the climate strategy, was not finalized until December 2022, placing the state at least a year behind schedule. With the 2023 legislative session as the first opportunity for Governor Hochul and lawmakers to take action based on the scoping plan, DEC and NYSERDA now have a limited timeframe to meet their regulatory deadlines for significant initiatives like cap-and-invest.