Decision Time: What New York State Is Doing, Might Do and Should Not Do on Climate Change
In this edition of their Domestic Environmental Law column, Karen Meara and Christopher Rizzo offer their thoughts on several specific initiatives that are under consideration by the New York State Climate Action Council and/or have been proposed by the New York State Legislature.
October 19, 2021 at 12:15 PM
10 minute read
As 2021 winds down, the New York State Climate Action Council (the Council) is in high gear. The Climate Leadership and Community Protection Act of 2019 (the Climate Act) requires the Council to produce a draft scoping plan by Jan. 1, 2022 to lay out a proposed road map for achieving the deep greenhouse gas reductions required under the Act. While January 1st will hardly be the final word (the draft plan will be the subject of extensive public hearings in 2022), we offer thoughts on several specific initiatives that are under consideration by the Council and/or have been proposed by the New York State Legislature in the interim.
New York's Carbon Reduction Goals
The centerpiece of the Climate Act is a provision calling for a 40% reduction in greenhouse gas emissions from all sources by 2030 (over 1990 levels) and an 85% reduction by 2050. The Council must issue a final scoping plan for achieving those goals by Jan. 1, 2023. By Jan. 1, 2024 the NYS Department of Environmental Conservation (DEC) must promulgate regulations ensuring that "aggregate emissions of greenhouse gas emission sources will not exceed" the established limits. The Climate Act requires those regulations to "include legally enforceable emissions limits, performance standards, or measures or other requirements to control emissions from greenhouse gas emission sources" and to "reflect, in substantial part, the findings of the scoping plan … ." See NYS Envtl. Cons. L. §75-0109. The Council has determined that over half of current GHG emissions come from buildings and transportation, particularly heating systems and passenger vehicles, and thus these two areas have been a major focus of the Council's work.
The Climate Act also requires electric service providers to purchase at least 70% of electricity from renewable sources by 2030 and 100% from carbon-free sources (including nuclear) by 2040. Carbon-free electricity will be key to achieving the "all sources" goals, as electrification of vehicles and building heating systems are expected to feature prominently in the Council's draft scoping plan.
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