Climate Policy

NY State Energy and Climate Policy in 2025

/ Peter Bardaglio / Leave a comment

It’s an understatement to say that 2025 was not a good year for renewable energy and climate change policy in New York. The state experienced significant policy uncertainty this past year in these two areas, to put it kindly.

Certainly, New York continued to invest in renewable energy infrastructure and climate adaptation strategies. The execution in May of 26 large-scale land-based renewable energy contracts that will generate more than 2.5 GW of clean capacity, underscored the Hochul administration’s ongoing commitment to renewable energy deployment.

Photo by Tom Fisk on Pexels.com

In addition, the state has backed major green initiatives such as a broader Sustainable Future Program that allocates $1 billion to expand energy efficiency, decarbonization of buildings, and thermal energy networks, investments intended to reduce emissions while making the energy transition more affordable.

Yet these achievements were overshadowed in 2025 by growing concerns about policy direction and ambition.

The Hochul Administration Pullback

The Hochul administration faced strong criticism in 2025 from climate advocates for its pullback in the implementing climate policy. The state’s contentious handling of the proposed Cap-and-Invest program — an economywide carbon pricing system designed to generate revenue for climate initiatives while creating enforceable emissions caps — attracted much of this criticism. Although the program was expected to be finalized in 2025, Gov. Hochul spent much of the year putting in roadblocks that hindered its implementation.

Delays and administrative resistance in rolling out greenhouse gas emission regulations required by the CLCPA, including sections of the cap-and-invest framework, has generated much consternation. State agency decisions such as allowing previously denied permits for natural gas infrastructure have signaled a shift toward accommodating traditional energy interests at the expense of stricter climate enforcement. This will undoubtedly slow progress toward legally mandated emissions targets.

The administration has justified such a cautious approach as necessary to balance climate ambition with affordability, a framing that weighs public concerns over energy costs against the urgency of decarbonization. Nonetheless, environmental groups argue that these pullbacks risk New York falling short of statutory reductions and undermine the leadership role the state had positioned for itself. Critics also contend that reduced emphasis on building public renewables may forgo lower-cost clean energy and job opportunities.

Trump’s Energy and Climate Actions

Federal policy further complicated New York’s energy and climate trajectory in 2025. During President Trump’s second term, there has been a pronounced rollback of federal climate policies and a rush toward fossil fuel development. Key actions include withdrawal from the Paris Agreement, deregulatory measures at the Environmental Protection Agency (EPA) to dismantle numerous environmental protections, and administrative opposition to renewable energy projects.

Most consequential for New York has been federal interference with offshore wind development. Earlier this month, the Trump administration paused leases for multiple East Coast offshore wind farms, including Empire Wind and Sunrise Wind, citing national security concerns, a move that directly threatened New York’s offshore wind ambitions.

Other federal actions such as the elimination of clean energy tax incentives and cancellation of billions in funding for clean energy projects undermined the economic viability of deploying renewables at scale, particularly in states like New York that count on these incentives to attract investment. Alongside rollbacks of vehicle emission standards and other emissions safeguards, these federal shifts have seriously constrained the state’s ability to achieve its climate goals, creating regulatory conflict between state and federal priorities.

Repercussions for the City of Ithaca

All of these developments in 2025 have had significant repercussions for the City of Ithaca and its pursuit of ambitious climate objectives, including transitioning municipal operations to carbon neutrality, promoting electrification of buildings, and expanding local renewable generation.

State-level uncertainties have had tangible consequences for Ithaca’s energy planning. Delays or weakening of statewide carbon pricing mechanisms and the cap-and-invest program have reduced predictable funding streams that cities could use to support local renewable projects, efficiency upgrades, and climate resilience measures. Furthermore, the state’s delay in the implementation of the All-Electric Buildings Act has led to a delay in the city’s implementation of its net-zero building code.

Federal setbacks in wind and clean energy incentives also make capitalizing on larger-scale renewables more challenging, potentially delaying projects that could benefit local businesses and residents.

The combined effect of state policy reticence and federal rollbacks necessitates that Ithaca double down on local planning, community engagement, and the tapping of non-federal funding sources to meet its climate objectives. As a result, to say the least, this coming year will be challenging.

A Victory (for now) on the NYS Climate Action Front

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There is so little good news in the world these days, especially regarding the climate crisis, that it’s worth paying attention when some comes along. Not just happy, greeting card talk, but substantive, positive developments.

Well, there was good news last Friday (October 24) and it’s worth focusing on. A state supreme court judge ruled that New York is violating its own 2019 climate law, the Climate Leadership and Community Protection Act (CLCPA).

CLCPA Mandates

How can this possibly be good news?

Here’s why: it’s been clear for months now that Governor Hochul and her administration have been working hard at slow-walking the effort to to implement the CLCPA. This law mandated – not suggested, recommended, or advised, but legally stipulated – the following climate and clean energy targets: a 40% reduction in greenhouse gases by 2030; an 85% reduction in greenhouse gases by 2050; and 70% renewable electricity by 2030; and 100% carbon-free electricity by 2040.

Cap and Trade Rules

Under the law, the State Department of Environmental Conservation (DEC) had until the start of 2024 to issue regulations that would “ensure” New York met its binding greenhouse gas emissions targets. A year and a half later, no such regulations had been issued.

Behind the scenes, the DEC and NYSERDA had apparently completed draft rules at the beginning of this year for cap and invest, the emissions program that is critical to theimplementation of the climate law. But the governor, instead of releasing these rules for public comment, pulled the plug on them.

In response, Citizen Action of New York, PUSH Buffalo, Sierra Club, and WE ACT for Environmental Justice filed suit in March. In his decision Judge Julian Schreibman gave the DEC until February 6 to issue the cap and trade regulations. “While DEC notes that it has taken other, commendable regulatory steps to reduce greenhouse gas emissions,” the judge said, “it candidly concedes that the impact of those regulations would fall far short” of the targets set out in the climate law.

Echoing Governor Hochul’s concerns about cap and trade, the DEC argued in court that issuing the regulations was “infeasible” because it “would require imposing extraordinary and damaging costs upon New Yorkers.”Judge Schreibman, to his credit, dismissed that argument. “It is undoubtedly true that the task placed before the DEC is very complicated indeed,” he observed. “But as a legal argument, this is unavailing.”

Two Paths

The judge said there were two paths ahead: the DEC can release regulations to meet the requirements of the law or the legislature can change the law. Of course, the DEC could also appeal the decision, which would lead the case to drag on for months longer, if not more. The DEC would only say that it was reviewing the decision.

Governor Hochul took a less ambiguous position on the decision, indicating that she was considering the possibility of pushing the state legislature to change the CLCPA.

NY Renews, a statewide climate justice coalition, spoke out in strong opposition to this possibility. In its words, “changing the climate law would be a massive step in the wrong direction, allowing polluters across New York to proceed with business as usual, unfettered and unchecked, and condemning us to an ever-worsening climate crisis.”

As if on cue, Hurricane Melissa roared through the Caribbean, leaving a trail of death and massive destruction in its wake. One of the strongest hurricanes on record, Melissa slammed into Jamaica on October 28 with winds of 185 mph. Closer to home, New York City suffered extensive flooding and at least two deaths on October 30 as rainfall broke 100-year records and submerged streets and subways.

The message couldn’t be clearer: the climate crisis isn’t going away and, in fact, will only get worse. Those of us who recognize this likelihood must hold the governor and state legislators accountable during the next session beginning in January, making sure that any efforts to weaken the climate law are defeated.

Time to Move Forward on Cap-and-Invest

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Last year saw a string of costly extreme weather events fueled by climate change across New York, including record rainfall, flash flooding, and tornadoes in upstate communities. This past August Tropical Storm Debby’s remnants caused flash flooding and widespread damage in the Finger Lakes.

These events altogether caused over $1 billion in damages in New York in 2024. In the face of escalating costs, by implementing a good cap-and-invest system, the state has an important opportunity to bring in much-needed funds to pay for climate damage going forward, while also reducing emissions from major polluters.

New York Air Guard Airmen help clear debris in Rome, NY following tornado in July 2024. The state National Guard activated 60 soldiers and airmen to help clear debris in the city. Courtesy photo by Major Ryan Marquette.

A Strong Cap-and Invest Program Needed

A strong cap-and-invest program will impose limits on the amount of emissions allowed by polluters and charge them to do so. With those funds, New York can more seriously invest in upgrades to homes to make them more energy efficient and run on clean, renewable energy while also boosting our local economy.

These measures will be especially important as residents absorb the costly increases in energy charged by NYSEG and other state utilities.

The Time for Delay is Over

Cap-and-invest is critical to meeting the targets of the state’s Climate Law. It also ensures New York can provide the level of investment necessary to make energy affordable while also boosting our economy.

Done the right way, Gov. Kathy Hochul, the DEC, and NYSERDA can lead New York into a new year that makes corporate polluters pay. At the same time, cap-and-invest could unlock billions of dollars for investments that drive sustainable economic development, increase energy efficiency, improve public health, and direct funds into neighborhoods to support community-led clean energy transitions.

Unfortunately, while draft regulations were originally due to be issued by now, with revenue beginning to flow by later in the year, Gov. Hochul recently announced that draft regulations won’t be issued until the end of 2025, and even then it appears these will only be partial.

Gov. Hochul’s delay in rolling out the program’s regulations ignores the urgency of the moment: the climate emergency has arrived and we must deal with it immediately. By continuing to stall, the governor increases the burden on disadvantaged communities, worsens harmful emissions, and allows polluters to go unchecked.

The governor first promised the cap-and-invest program over two years ago as the foundation of New York’s climate strategy. Now it appears that instead of promised regulations, we will see at least another year of delays. This move is part and parcel of a growing legacy of inaction and broken commitments on the most urgent crisis of our time.

We need leaders in Albany who are willing to take bold, decisive action to cut air pollution and lower greenhouse gas emissions. It is time to push for faster action from Gov. Hochul. Especially with a new administration in Washington actively hostile to climate policy, and with the state’s utility rates skyrocketing, it is critical that the cap-and-invest program be implemented as soon as possible.

In doing so, we can protect the residents of Ithaca and Tompkins County, as well as future generations, from the most harmful effects of the climate crisis.

The Days of Reckoning Are Just Ahead

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There’s no need at this stage to press the point that the coming U.S. election will be pivotal, not just in terms of whether our constitutional republic will survive, but also whether we can manage to avoid catastrophic, runaway climate change. Regular readers of this column readily grasp what’s at stake with both of these issues.

A report just released by World Weather Attribution (WWA), an international research group, closely examines how the 10 deadliest weather disasters since 2004, including three tropical cyclones, four heatwaves, two floods and a drought, killed an estimated half million people, and probably many more. It makes for sobering reading and, on the eve of Tuesday’s election, is a reminder that our choices at the ballot box will affect not just this nation but the entire planet.

Flooding in Valencia, Spain. Photo by Eidursson – Own Work licensed under CC BY 4.0.

Role of Fossil Fuels
The WWA study investigates how all of these events were intensified by global warming, which was, in turn, caused by the burning of fossil fuels and deforestation. The main finding is simply put: “with every ton of coal, oil and gas burned, all heatwaves get hotter, and the overwhelming majority of heavy rainfall events, droughts, and tropical cyclones get more intense.” In other words, there is no such thing as a “natural” disaster anymore.

Polluters Must Pay
As if to underscore the truth of this observation, horrific flooding in Spain that claimed at least 158 deaths took place just as the WWA analysis was issued. According to Spain’s national weather service, it rained more in eight hours in Valencia, the hardest hit region, than it had in the preceding 20 months. Imperial College climate scientist Friederike Otto, who helps run the WWA, said it was “very clear that climate change did play a role.”

The flooding in Europe and across the U.S. Southeast this fall also underscores why the effort to hold the fossil fuel industry responsible for the havoc that it has caused is so critical, especially in light of the overwhelming evidence that Big Oil was aware of the potential consequences.

At the federal level, Sen. Chris Van Hollen (D-MD), Rep. Jerry Nadler (D-NY), and Rep. Judy Chu (D-CA) have recently introduced bills in Congress to do so. The Polluters Pay Climate Fund Act would assess companies based on their global carbon dioxide emissions, and it authorizes the U.S. Treasury Department to charge the largest polluters in proportion to their past carbon emissions, in excess of 1 billion metric tons, an estimated $100 billion each for ten years.

Closer to home, the New York Climate Change Superfund Act, still sits on Gov. Kathy Hochul’s desk, awaiting her signature to become state law. Both the General Assembly and State Senate passed the legislation during the last session. Public pressure has mounted on the governor to act, and it’s a certainty that this pressure will increase exponentially after the election.

Under the bill passed by lawmakers, New York would seek to collect about $3 billion a year for the next 25 years, for a total of $75 billion. The state Department of Environmental Conservation would be tasked with identifying the oil and gas companies that should be held responsible for greenhouse gas emissions and it would investigate how much they should each pay the state.

Regardless of the outcome of these events, one thing is for sure: the days of reckoning are upon us, and we each have the obligation as democratic citizens to make our voices heard. If there ever was a time to make sure that we become subjects in history and are not just objects of history, it is now.

How Serious is NY about Its Climate Goals?

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There’s something seriously unnerving about the casual way in which Gov. Hochul has acknowledged that New York will probably not meet its 2030 climate targets. The pathbreaking Climate Leadership and Community Protection Act (CLCPA) calls for the state to obtain 70 percent of its electricity from renewable energy by 2030.

A joint draft report issued in July by the New York State Energy Research and Development Authority (NYSERDA) and the Public Service Commission (PSC) indicated that the 70 percent renewables target will not be achieved before 2033.

State State Comptroller Thomas DiNapoli and Senate Majority Leader Andrea Stewart-Cousins. NY Senate Photo licensed under CC BY 2.0.

Audit Reveals Flaws
A few weeks after this report, State Comptroller Thomas DiNapoli released a detailed audit criticizing the PSC and NYSERDA for inadequate planning and the use of outdated data. In particular, it said that the PSC had failed to address “all current and emerging issues that could significantly increase electricity demand and lower projected generation.”

Perhaps most disturbing was the audit’s finding that the PSC had overlooked the need to calculate the costs of the transition to renewables or to identify how to cover those costs beyond the tried and true method of dumping them on ratepayers. 

How Committed is the State?
Together these two reports raise major questions about the actual commitment of the state to implementing the 2019 CLCPA. The governor’s reaction to these findings? Oh well, it won’t hurt if we let things slide for a few years. Not surprisingly, state Republican leaders and the business community have taken advantage of the leadership vacuum to attack the climate law and press Hochul to abandon it.

How is it possible for this failure of leadership to take hold during the same summer that global temperatures have been setting new records month after month? In fact, not only was this past July the warmest on record, but it was also the 14th consecutive month of record-high global temperatures. Does anyone see a pattern here?

Cornell professor Robert Howarth, a member of the state’s Climate Action Council, certainly does. The council passed a plan to implement the CLCPA in December 2022, and Howarth is on the front line defending it. “I am appalled at this pushback against the CLCPA by business interests pushing their short-sighted agenda,” Howarth said in an interview with WaterFront. “Climate change is very real. The consequences of climate disruption (floods, droughts, fires, crop failures) are becoming increasing obvious to all.”

Eddie Bautista, executive director of the New York City Environmental Justice Alliance, strongly agrees that stronger leadership is necessary. “In just five short years, we’ve gone from being visionary leaders to not being able to implement our own laws. It’s just insane,” he said recently.

The governor’s reversal on congestion pricing in New York City has environmentalists wondering whether this is part of a larger plan to back away from other elements of the state climate action agenda such as the cap-and-invest plan that would price greenhouse gas emissions. At the very least, it looks likely that the administration will blow past its self-imposed deadline to launch the program in early 2025.

A Simple Step
One step that Hochul could take to restore some degree of confidence in her commitment to climate action would be to sign the Climate Change Superfund Act that is currently sitting on her desk after being passed in June by both the General Assembly and State Senate. This legislation would require oil and gas companies to pay a total of $3 billion a year for 25 years to cover the cost of the climate damage they have inflicted on the state.

The governor has not yet signaled her intention, which leaves a lot of climate activists worried, although some think she might just be waiting until after the election to do so. The pressure on her has been growing throughout the summer and will only continue to increase this fall.

Fossil Free Media, together with the Sunrise Movement, has launched a national billboard campaign in California, New York, Arizona, and Philadelphia, with plans to expand to Florida and Louisiana in September. as part of the effort to build support for the principle that polluters should pay for the mess they have made.

The Make Polluters Pay campaign seeks to hold the fossil fuel industry accountable through legislation, lawsuits, and public pressure. This is exactly the kind of national attention that Hochul wants to avoid, but she better get used to it. Sen. Chris Van Hollen (D-MD) and Rep. Jerry Nadler (D-NY) just announced their intention to introduce federal Polluter Pays bills in Congress. Things are definitely heating up – stay tuned.

Hurricane Beryl, the Supreme Court & Our Troubled Political Landscape

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Hurricane Beryl has now become the earliest Category 5 Atlantic hurricane on record as it marches across the Caribbean, wreaking havoc to the Windward Islands. Beryl’s maximum sustained winds have reached close to 160 mph, with higher gusts, according to the National Hurricane Center.

There is strong agreement among scientists that climate breakdown has increased the occurrence of the most intense and destructive tropical storms. Warming oceans, thanks to human-caused climate change, provide more energy to fuel these storms.

Political Will Needed

Ralph Gonsalves, prime minister of St. Vincent and the Grenadines, assailed the lack of political will in the U.S. and Europe to tackle the climate breakdown as Beryl hammered his nation.

“For the major emitters of greenhouse gases, those who contribute most to global warming,” he said, “you are getting a lot of talking, but you are not seeing a lot of action—as in making money available to small-island developing states and other vulnerable countries.

“I am hopeful that what is happening—and we are quite early in the hurricane season—will alert them to our vulnerabilities, our weaknesses and encourage them to honour the commitments they have made on a range of issues, from the Paris accord to the current time.”

The Supreme Court Weighs In

Right on cue, at a time when strong climate action is clearly called for, the U.S. Supreme Court last Friday sharply reined in the power of federal agencies, overturning a forty-year legal precedent known as the Chevron doctrine, which led courts to defer to the expertise of these agencies. As a result, hundreds of environmental and climate regulations promulgated by the Environmental Protection Agency, among others in the executive branch, will be open to legal challenges.

“Rules on water quality, smokestack and tailpipe emissions, biodiversity and the effects of climate change will now be relitigated and reinterpreted by the courts,” noted Richard Martin at GreenBiz.

Closer to home, as this year’s legislative session came to a close last month, Gov. Hochul made the controversial decision to pause congestion pricing in New York City after months of preparation to put it in place. In the ensuing chaos, other bills such as the NY HEAT Act and the Packaging Reduction Act failed to get a proper hearing in the General Assembly.

It was a disheartening display of the fossil fuel industry’s ability to bend state political leaders to its will, in part due to the flood of dollars it’s been handing out this election year.

The one bright light in Albany was the last-minute passage of the Climate Change Superfund Act. As reported above, the bill would charge Big Oil companies a total of $3 billion a year for 25 years to pay for costs associated with the destruction caused by climate change.

The legislation now awaits the governor’s signature. If enacted, New York will join Vermont as the second U.S. state with a law requiring fossil-fuel companies to pick up at least a portion of the tab for the huge damage they’ve knowingly inflicted.

In the face of so much demoralizing news, climate justice and environmental groups across the state will push hard this summer to make sure the governor signs this historic bill. If she does, it will mark a significant step towards holding climate polluters accountable. But don’t count on it; only intense, sustained grassroots pressure can make it happen. So, for the sake of future generations, don’t sit on the sidelines. It’s time to turn up the heat.

NYS Drops the Ball on Climate Legislation

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In a breathtaking display of political malpractice, the NYS General Assembly just adjourned the 2023-2024 legislative session in Albany without taking a vote on several crucial pieces of climate legislation.

The final days of the session turned into a brawl to rescue congestion pricing after Gov. Kathy Hochul paused the program just weeks before it was set to begin. As a result, key bills were left by the wayside.

Governor Kathy Hochul. Photo credit: Darren McGee, Office of Governor.

They included the NY HEAT Act, which would stop utilities from automatically charging ratepayers for new gas lines, a measure to reduce plastic packaging, and an expanded bottle deposit law. Both the NY HEAT Act and the Packaging Reduction Act had already passed in the Senate by wide margins, and they had the backing of a majority of co-sponsors in the Assembly, but they never came to a vote.

“This is taking us backwards where we need to be to meet our climate law mandates and to protect people and save them money,” said Liz Moran, a state policy advocate at Earthjustice.

Moran pointed out that NYS lawmakers approved the Climate Leadership and Community Protection Act in 2019, with a goal to reduce greenhouse gas emissions by 85% by 2050. But since then, she said, Democratic leaders in Albany have been unwilling to take the steps needed to actually achieve that goal.

“We will not forget this failure as we struggle with utility shutoffs, high temperatures, and bad air this summer,” said AGREE executive director Jessica Azulay, joining the call for a special session to take up the NY HEAT Act.

The governor’s decision to pause congestion pricing, combined with the failure of the other bills to get a proper hearing in the Assembly, is disconcerting, to say the least. These actions displayed the power of the fossil fuel industry to get its way in Albany, thanks to the flood of dollars it’s handing out in what is an election year.

There was one place where Big Oil failed to get its way, though. In the final hours of the Assembly session—at 3:22 am, to be exact—the Climate Change Superfund Act secured passage.

The bill would charge fossil-fuel companies a total of $3 billion a year for 25 years to pay for costs associated with the destruction caused by climate change.

The Climate Change Superfund Act now lands on Gov. Hochul’s desk, awaiting her signature. If enacted, New York will join Vermont as the second U.S. state with a law requiring fossil-fuel companies to pick up at least a portion of the tab for the huge damage they’ve knowingly inflicted.

There will be tremendous pressure brought to bear, as there should be, by climate justice and environmental groups across the state to make sure the governor signs this historic bill. If she does, it will mark a significant step towards holding climate polluters accountable.

A Failure of Leadership at the Capitol

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When the state’s final budget was released earlier this month, not a single major climate bill was included. No Climate Change Superfund Act, no NY HEAT Act, no Stop Climate Polluter Handouts Act.

It was a shocking development in light of the state’s supposed commitment to achieving an 85% reduction in greenhouse gas emissions by 2050. That’s what New York State’s 2019 Climate Leadership and Community Protection Act (CLCPA) requires, but you’d never know it flipping though the pages of this year’s budget book.

The New York State Capitol in Albany. Photo by Craig Fildes licensed under CC BY-NC-ND 2.0 DEED.

The operative word in the title of the CLCPA is “leadership.” It was hard to discern any of that, however, when it came to Gov. Hochul and the legislature, especially the General Assembly. Instead, anxiety about the upcoming elections prevailed and Democrats took the safe way out. It was a sad day in Albany and there was little to celebrate when Earth Day occurred a few days later.

The Fossil Fuel Industry Betrayal

It was bad enough when we found out this past January that the fossil fuel industry had more than enough evidence as early as 1954 to understand the impact of greenhouse gas emissions on the climate. But then word came today, with the release of internal documents, that Big Oil lobbied against climate policies that they claimed to support. The betrayal was complete.

“For decades, the fossil-fuel industry has known about the economic and climate harms of its products,” declared Sen. Sheldon Whitehouse (D-RI) “but [it] has deceived the American public to keep collecting more than $600bn each year in subsidies while raking in record-breaking profits.”

Where Do We Go From Here?

In the context of these larger national events, the fact that oil and gas companies were a major factor in pressuring state legislators to forego climate legislation in this year’s budget is especially galling. All three major bills directly confront the oil and gas firms. The NY HEAT Act seeks to eliminate subsidies for new gas hookups, eliminate the “obligation to serve” gas to neighborhoods, and ensure that no low-income household would pay more than 6% of its income for energy.

The Climate Change Superfund Act holds major oil companies accountable for the harm they inflicted on New York between 2000 and 2018. It would require these companies to bear a share of the costs of infrastructure investments required to adapt to the impacts of climate change in the state. The program would assess the major fossil fuel emitters $3 billion annually over the span of 25 years to offset the climate damages incurred by the state.

The Stop Climate Polluter Handouts Act aims at paring back the $1.6 billion taxpayers hand out each year to the oil and gas companies in tax subsidies and other breaks. It defies logic that the state continues to provide huge subsidies to an industry that is causing so much destruction. This bill would end the most egregious state subsidies, amounting to $265 million annually.

The fight to secure the passage of these three bills is far from over. Even though the budget has been set, the legislature still has until June 1 to gain their approval. This is clearly the tougher road but climate movement activists across the state, including TCCPI, are gearing up to push even harder over the next four weeks for this legislation to become law. It’s time to roll up our sleeves and get to work!

 

Accountability and Climate Change in Albany

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It’s that time of year in Albany when a wave of bills sweeps ashore in the New York State Legislature, among them a number of critical climate and energy transition measures.

The big question on the minds of climate and environmental activists and their legislative allies is pretty straightforward: to what extent is Governor Kathy Hochul committed to fulfilling not just the letter but the spirit of the state’s 2019 Climate Leadership and Community Protection Act (CLCPA)?

Assemblymember Anna Kelles speaking at a NY Renews rally in January. Photo courtesy of NY Renews.

Uncertainty and Anziety
Close on the heels of this question is a related issue: the State Climate Action Council has developed a substantive, thoughtful roadmap for meeting the ambitious goals of the CLCPA, but it remains unclear how energetically the governor intends to pursue it.

Feeding this sense of uncertainty are the challenges facing the rollout of utility-scale renewable energy projects in New York. As Marie French points out in a recent article, recent setbacks in developing industrial wind and solar have raised serious doubts about the state’s ability to meet the demands of the Climate Law, which requires that 70 percent of New York’s power come from renewable sources by 2030.

Finding a Solution
At the same time, extreme weather events attributable to climate change have been escalating, creating a palpable sense of urgency about the need to find a solution. As Raya Salter, a member of the Climate Action Council and founder of the Energy Justice Law and Policy Center, puts it, “The stakes are higher than ever so the governor needs to be willing to step out and make sure that we fully implement the CLCPA.”

There is certainly no shortage of suggestions about how to do this. One of the boldest set of proposals before the legislators is the Climate, Jobs, and Justice Package (CJJP) advanced by NY Renews, a coalition made up of over 370 environmental, justice, faith, labor, and community groups, including TCCPI.

The CJJP has three main components: 1) fully fund the CLCPA so that it can achieve its objectives; 2) build renewable energy for all and create green union jobs; and 3) hold polluters accountable and ensure everyone pays their fair share in taxes. Here are the details about how this would be accomplished:

  • The People’s Climate Justice Budget is a $1 billion spending plan that outlines critical climate and environmental justice programs that would constitute a downpayment on the more than $10 billion a year the state estimates is necessary to address the climate crisis. It builds on the creation of the Climate Action Fund (CAF) in 2023, seizing a historic opportunity to fund projects across the state.
  • The NY HEAT (Home Energy Affordable Transition) Act would eliminate subsidies for new gas hookups (the “100-foot rule”), enable neighborhood scale building decarbonization by eliminating the “obligation to serve” gas, and ensure that no household pays more than 6% of its income for energy. The plan would also ban the construction of any new gas plants in areas where they do not already exist after September 30, 2023.
  • The Just Energy Transition Act provides a plan to guide the replacement and redevelopment of at least 4 GW of New York State’s fossil fuel facilities by 2030. It lays out a clear direction for proceeding with the transition off fossil fuels in accordance with the CLCPA requirements. Converting these facilities to renewable energy as soon as possible will generate climate and economic benefits as well as public health benefits.
  • The Climate Change Superfund Act holds major oil companies, the state’s worst climate polluters, accountable for the harm they’ve inflicted on New York between 2000 and 2018. It would require companies that have contributed significantly to the buildup of greenhouse gases to bear a share of the costs of infrastructure investments required to adapt to the impacts of climate change in the state. The program would assess the major fossil fuel emitters $3 billion annually over the span of 25 years to offset the climate damages incurred by the state.

Not included in the CJJP, but closely aligned with it, is the Stop Climate Polluter Handouts Act. Many supporters view it, in particular, as a companion bill to the Climate Superfund Act, arguing that New York shouldn’t be providing huge subsidies to an industry that is causing so much destruction. This legislation will end the most egregious state subsidies of over $330 million each year (out of an annual total of $1.6 billion) to oil and gas companies.

These are just a few of the bills under consideration in Albany. Efforts to ensure that the Cap-and-Invest program doesn’t devolve into a cap-and-trade shell game; to make the fashion industry more transparent when it comes to supply chains, carbon emissions, and labor conditions; to reduce plastic packaging and modernize the bottle bill; and to push the governor and legislature to figure out how state facilities in downtown Albany, including the Empire State Plaza and State Capitol, could receive their electric power and heating and cooling from 100% renewable energy are all crucial ways in which New York can demonstrate its seriousness about fulfilling the vision of the CLCPA.

As Raya Salter contends, “the stakes are higher than ever.” The governor and legislature need to demonstrate the vision and leadership that act on this understanding, and it’s up to the rest of us to hold their feet to the fire. TCCPI will be right there with our allies in the climate and energy transition movement, making sure that our representatives feel the heat and act accordingly.

Success and Failure at COP28

/ Peter Bardaglio / Leave a comment

The expectations for COP28, given the track record of recent U.N. climate conferences, were low. Held in Dubai earlier this month, it appeared from the outset to be a captive of the global fossil fuel industry. About 2,400 people connected to the coal, oil and gas industries, an all-time high, registered for COP28. As the dust settled following the talks, however, a mixed picture emerged, one with a few important achievements alongside some notable failures.

The president of the summit, Sultan Ahmed al-Jaber (center), is chief executive of the state-owned Abu Dhabi National Oil Company. Photo by UNclimatechange licensed under CC BY NC-SA 2.0 DEED.

Significant Achievements

  • Loss and Damage Fund: The Loss and Damage Fund, dedicated to aiding vulnerable nations already grappling with the devastating consequences of climate change, marked an historic breakthrough. It acknowledges the responsibility of developed nations and their obligation to support those on the frontline of the crisis.
  • Fossil Fuel: For the first time, a COP agreement explicitly called for “transitioning away from fossil fuels.” The pact represented a compromise and is not legally binding, but it should signal to investors and policymakers that a turning point has been reached.
  • Methane Mitigation: Recognizing methane’s potent warming effect, COP28 implemented several measures to buttress COP26’s Global Methane Pledge, aimed at reducing anthropogenic methane emissions by 30% by 2030. The U.S. and European Union put in place new regulations and oil and gas producers announced new pledges to curb methane emissions. The latter commitments, though, were strictly voluntary.
  • Adaptation: Adaptation received increased attention, with targets established on water security, ecosystem restoration, and health. By 2025, all countries must have in place a detailed plan to adapt to the current and future impacts of climate change in their countries, and must demonstrate progress in implementing such a plan by 2030.
  • Financial Commitments: Data published in the run up to COP28 indicated that developed countries finally fulfilled their long overdue promise to provide $100 billion in 2022 to help poorer countries deal with climate change. In addition, initial contributions of $429 million to the Loss and Damage Fund reinforced this acknowledgement of financial responsibility.

Critical Failures

Despite these achievements, COP28 fell short in several critical areas:

  • Ambition Gap: The agreed-upon measures are insufficient to limit warming to 1.5°C. The “carbon budget” for 1.5°C will be exhausted in around five years at current levels of emissions. Developed nations need to significantly ramp up their ambition and action.
  • Fossil Fuel Loophole: The language about the need to transition away from fossil fuels stopped short of calling for a “phase out,” leaving room for interpretation and potential loopholes. Fossil fuel interests will continue to exert undue influence, hindering a definitive shift towards clean energy.
  • Finance Shortfall: While the $100 billion target for 2022 was finally met, it barely scratches the surface of the actual need. Adaptation finance remains “woefully inadequate,” leaving developing nations struggling to cope with climate impacts.
  • Equity and Justice: The voices of developing nations and marginalized communities were largely ignored at COP28. The principle of “common but differentiated responsibilities” remains unrealized, with historical polluters failing to take commensurate action.
  • Human Rights Concerns: Hosting COP28 in Dubai, with its record of widespread human rights violations, raised concerns about silencing dissent and hindering meaningful participation.

The Road Ahead

COP28’s mixed bag leaves the world at a crossroads. While the achievements offer a glimmer of hope, the failures highlight the urgency of the moment. Here are some key takeaways for the road ahead:

  • Increased Ambition: Developed nations must significantly ratchet up their emissions reduction targets and concretely implement their commitments.
  • Just Transition: A just and equitable transition away from fossil fuels is crucial. Investments must prioritize vulnerable communities and support workers in high-carbon industries towards alternative livelihoods.
  • Enhanced Finance: Developed nations must scale up adaptation funding and fulfill their responsibility to support the most vulnerable.
  • Amplifying Marginalized Voices: The voices of developing nations, Indigenous communities, and other marginalized groups must be heard and acted upon. Inclusive decision-making is essential for effective climate action.
  • Holding Polluters Accountable: Developed nations, historically responsible for most emissions, must take ownership of their role and provide adequate financial and technological support to developing nations.

Clearly, COP28 did not deliver the transformational change needed, but it did offer some signs of progress as well as stepping stones for future action. The time for incremental steps, though, is over. The window of opportunity is closing and we must move quickly if we hope to avoid the onset of runaway climate change. Finally, if nothing else, the climate talks underscored the importance of local climate action for generating tangible results.