Time to Move Forward on Cap-and-Invest

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.

Time for New Leadership on Climate and Energy

With the coming change in administration in Washington, it’s safe to say we’ll be seeing some dramatic shifts in climate and energy policy, none of which is likely to result in lower greenhouse gas emissions. Consequently, it is critical that local communities and states step in to lead the way on climate resiliency and adaptation, as well as the clean energy transition. Given the huge transformation of the political landscape at the national level, New York must move forward decisively. The biggest indication that it will do so would be if Governor Hochul signs the Climate Change Superfund Act passed at the end of the last session. This act adopts the “polluter must pay” principle. The fossil fuel industry has known for decades that its product is responsible for the climate damage we’ve experienced, and through its campaign of misinformation and outright deception it has avoided accountability. It is time for this to stop. The bill doesn’t ask Big Oil to pick up the entire tab, just a fair share of it. Taxpayers should not have to cover the entire cost of destruction caused by the fossil fuel industry. Besides the Climate Change Superfund Act, unfinished business from the last session includes the NY HEAT Act, which 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 NY HEAT Act passed in the Senate this year by a wide margin, but never came to a vote in the Assembly due to the controversy over congestion pricing that erupted in the final days of the session. Another big piece that needs to be put in place is the Cap and Invest Program. By applying a price to the amount of pollution, the Cap and Invest Program incentivizes consumers, businesses, and other entities to transition to lower-carbon alternatives. Assemblymember Anna Kelles (D -125th District) is the lead sponsor on a version of this program that would put in place guardrails to keep it from devolving into a vehicle for cap and trade, and would also ensure that an appropriate share of the revenue raised by the program goes to projects in frontline communities. As Kelles points out, the Climate Change Superfund Act and the Cap and Invest Program work together, with the former addressing past damage and the latter looking forward to future destruction incurred as a result of carbon pollution. Together with the NY HEAT Act, adoption of this legislation would send a strong message to Washington and the other states that progress on the climate and clean energy transition cannot be stopped.