NY HEAT Act

Time for New Leadership on Climate and Energy

/ Peter Bardaglio / Leave a comment
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.

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!

 

Viewing the Climate Through Wildfire Smoke

/ Peter Bardaglio / Leave a comment

We woke up to a new reality in Ithaca and Tompkins County this week. Smoke from hundreds of wildfires in Canada filled the air, carried south by the jet stream. We’re used to complaining about the gray weather in the Finger Lakes, but this was different. The sky turned yellow, brown, and orange, casting an apocalyptic-like glow across our much-loved landscape, and temperatures dropped rapidly as the sun dimmed.

Schools canceled outdoor activities, the public health department urged people to stay indoors, and masks put away after the COVID pandemic were retrieved. This wasn’t supposed to happen here. We thought we were spared the awful consequences of wildfires spreading destruction, fear, and even death. We thought these kinds of events were confined to the West, not something we had to worry about in verdant upstate New York

Quebec wildfire in June.

We found out this week, however, that smoke doesn’t respect national borders and far-flung catastrophes thousands of miles away can have a terrible impact on our community here. The planet, it turns out, is a small place.

“As Smoke Darkens the Sky, the Future Becomes Clear” — that was the headline of David Wallace-Wells’ New York Times column on Wednesday. The lesson is a simple one: as the planet heats up, the fuel for wildfire dries out, waiting to burst into flames. Wallace-Wells recounts a recent interview with John Vaillant, author of “Fire Weather: A True Story From a Hotter World,” in which he observes ominously that “Fire isn’t going away. We’re going to be burning for this entire century.”

Understanding that we are entering a new epoch, what fire historian Stephen Pyne calls “the pyrocene,” brings new urgency to the task of building electrification and decarbonization. We need to renew our commitment to reducing greenhouse gas emissions in Ithaca and Tompkins County and work to make the future less harrowing for the generations to come.

This smoke-filled week has also underscored the importance of getting our elected officials to take action on the key climate and energy issues before them. It’s been especially frustrating to watch the current legislative session in Albany wind down as many crucial bills remain stuck in committee. This is especially true in the General Assembly, where the leadership has sat on legislation that would clearly pass if sent to the floor.

There have been some significant victories, among them the All-Electric Building Act, the nation’s first ban on the use of fossil fuels in new construction, and the Build Public Renewables Act, which will expand the development of publicly-produced clean energy. Furthermore, a dangerous effort to water down the state’s landmark climate law was defeated.

But it remains to be seen if the Senate-approved NY HEAT Act, which would end subsidized gas hookups and reduce utility bills for low- and middle-income families, will be acted on in the waning hours of the General Assembly session. In addition, efforts to end at least some of the $1.4 billion annual tax subsidies for fossil fuels, reduce plastic packaging, divest the state teachers’ pension fund from fossil fuels, make climate polluters pay for the ongoing environmental damage they have caused, and provide protections for environmental justice communities languish in the wings. It is a mixed record at best.

As Philip Kennicott reminds us in yesterday’s Washington Post, “change is possible” and “the world doesn’t need to be this way.” In his words, “The tools we need to reverse climate change are already here, and perhaps even better ones will emerge.” Clearly, the time to put these tools to work is now.