As budget negotiations continue, NYS Governor Kathy Hochul is proposing to alter New York’s Climate Leadership and Community Protection Act (CLCPA). On March 20, the governor proposed changes to the CLCPA in a letter published by the Empire Report. The governor is primarily focused on changing two facets of the CLCPA.
- Emissions Calculations
Currently, the CLCPA utilizes a 20-year time frame for measuring the emissions impacts of pollutants. The governor seeks to shift to a 100-year time frame and potentially remove upstream emissions from certain calculations. The expected shift in calculation methodology could improve the state’s progress in meeting emission reduction goals from 14 percent to approximately 24 percent. The governor contends the changes in methodology would align New York State’s emissions calculation methods with states like California, Washington, and Colorado.
- Delaying the CLCPA Timeline
The governor claims that the 2019 CLCPA goals are no longer achievable without significant costs for New Yorkers. As such, the governor seeks to delay the timeline for establishing CLCPA regulations from 2024 to 2030—a deadline that the New York State Department of Environmental Conservation has already missed. This delay would also affect pending CLCPA litigation. As it stands, the governor aims to keep the 2050 statewide emissions deadline intact while introducing a new 2040 emissions limit “target.”
Additional Measures
In addition to the shift in emissions calculations and the delay in establishing regulations, several other climate measures are expected to be introduced soon, including a “cap and trade” program, a possible monetary infusion into the Sustainable Future Fund, and a Ratepayer Protection Plan aimed at reforming the rate hike request process to protect consumers while further increasing access to the state’s Energy Affordability Programs.
We will continue to monitor all CLCPA discussions and provide updates as more information becomes available.
If you have any questions regarding the context of this alert, please contact Yvonne Hennessey, Environmental Practice Area chair, at yhennessey@barclaydamon.com; Dan Krzykowski, associate, at dkrzykowski@barclaydamon.com; Matthew Gino, associate, at mgino@barclaydamon.com; or another member of the firm’s Environmental Practice Area.