Robert Howarth

How Serious is NY about Its Climate Goals?

/ Peter Bardaglio / Leave a comment

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Thomas DiNapoli released a detailed audit criticizing the PSC and NYSERDA for inadequate planning and the use of outdated data.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.

No Watering Down the NYS Climate Law

/ Peter Bardaglio / Leave a comment

We know from the work of Cornell University Professor Robert Howarth and other scientists that two properties of methane make it a critical greenhouse gas: on the one hand, it has roughly 80 times the warming power of carbon dioxide over a 20-year period, and on the other, it begins to dissipate in the atmosphere after a decade, as opposed to many centuries for carbon dioxide. Together these characteristics mean that rapidly cutting methane can have a major impact in the near future on heading off runaway climate change.

For this reason Howarth, a member of the NY Climate Action Council (CAC), sought to secure a new approach to methane emissions as part of the 2019 Climate Protection and Community Leadership Act (CLCPA), measuring them over a 20-year time frame rather than the 100-year time frame previously used in the state. Doing so, in his words, provided NY policymakers with a tool that “more heavily weighs the role of methane as an agent of warming over the next few decades.”

U.S. Methane Emissions by Sector, 2020. Photo credit: Climate Central.


Dropping a Bomb

Most officials in Albany and the climate and environmental justice movements assumed this change was a settled matter following the release of the CAC’s final scoping plan last December.

But in early April Gov. Kathy Hochul indicated her support for bills sponsored by Democratic chairs of the State Senate and General Assembly energy committees to abandon the new method of methane accounting embedded in the climate law and the CAC report, reverting to the 100-year time frame.

Highlighting the Hochul administration’s support for this initiative, the co-chairs of the CAC published an opinion article arguing that the change was necessary to protect “the competitiveness of our businesses” and retain jobs. “As it stands today, the climate act’s emissions accounting method is certain to be a major driver of future costs for New York families,” wrote Basil Seggos, commissioner of the NYS Department of Environmental Conservation, and Doreen Harris, president and CEO of the New York State Energy Research and Development Authority.

Besides the proposed alteration in measuring methane emissions, the bills introduced by Sen. Kevin Parker (D-Brooklyn) and Didi Barrett (D-Hudson) would exclude emissions generated by the combustion of biomass and biofuels from statewide totals of GHG emissions and include anaerobic digestion and forest biopower in the state’s definition of “renewable energy systems,” contrary to the CLCPA and CAC.

A Fierce Reaction

Coming in the midst of budget negotiations, these moves set off a firestorm. Opponents in the climate and environmental movements rallied immediately, asserting that the bills would deliver a “a body blow” to the nation-leading climate law and constituted “an accounting trick” designed to placate the oil and gas lobby. “Governor Hochul would side with the fossil fuel industry to torpedo New York’s landmark climate law, along with her own budget proposals to address the climate crisis, should she move forward with a proposal to weaken the state’s accounting for methane emissions,” said Liz Moran, the NY policy advocate for Earthjustice. TCCPI joined dozens of other groups in sending a memo of opposition within 24 hours of the breaking news.

The ability of so many organizations to mount a powerful campaign of phone calls, emails, and social media messages on such short notice was both impressive and inspiring. The depth and breadth of the backlash clearly came as a surprise to the Hochul administration. Two days after the Seggos and Harris op-ed, Gov. Hochul backed off the drive to weaken the climate law as part of the budget negotiations. It was not a coincidence that this took place the same day that Howarth and two dozen other scientists from Cornell University, Stanford University, and the Massachusetts Institute of Technology sent a letter of protest.

In the end, at least for now, science won and the fossil fuel industry lost. There is a distinct possibility, however, that the attempt to water down the climate law will raise its head again following the approval of the state budget. As it is, the proposal to redefine renewable energy to include biofuels is still on the table. Both this and the effort to change the methane accounting rule must be kept from becoming law.

It is one thing to stop these kinds of ill-considered and ill-timed moves and another to achieve victory for the crucial climate justice and clean energy legislation still under consideration in Albany. The so-called “conceptual agreement” on the budget reached  on April 27th includes a ban on the use of fossil fuels in new construction, and the proposal for a cap-and-invest program is still in the mix. The details of both, however, as well as the fate of other important climate and energy bills, remain uncertain.

Time grows short to implement the measures necessary to ensure the success of the CLCPA and bolster the CAC’s plan to avoid even worse climate chaos. The lesson to be learned from the latest developments is clear: the only real possibility of success in the face of the relentless pressure brought to bear by the oil and gas lobby is unstinting collective action by well-organized citizens fighting for their communities. We must remain vigilant and make sure our elected representatives hear us.

The Climate Action Council Delivers

/ Peter Bardaglio / Leave a comment
The Climate Action Council, in a momentous step on December 19, approved the state’s Final Climate Scoping Plan in a 19-3 vote. This plan provides a detailed guide to reaching the ambitious climate goals delineated in the 2019 Climate Leadership and Community Protection Act, including 70% renewable energy by 2030 and 100% zero emission electricity by 2040. The ramifications are far reaching: New York must retire fossil fuel plants and stop burning fossil fuels like gas in buildings. This critical milestone represents the culmination of over three years of collaboration and over a hundred meetings, and includes contributions from the Council’s Advisory Panels and Working Groups. The release of the Draft Scoping Plan exactly one year ago led to a public comment period that included 11 public hearings across the state and more than 35,000 written comments.
Meeting of NYS Climate Action Council

The first meeting of the Climate Action Council took place in March 2020. Photo credit: NYSERDA.

The scoping plan establishes a comprehensive foundation for dramatically lowering greenhouse gas emissions, electrifying buildings and transportation systems, securing climate justice, and advancing New York’s commitment to economy-wide carbon neutrality by 2050. It outlines changes in state policy that, if implemented, will not only move New York away from fossil fuels but also towards a just energy transition, one that will finally address the harm that pollution from conventional energy systems have inflicted on frontline communities. It identifies strategies to reduce the environmental burden of greenhouse gas emissions and associated pollutants suffered by these communities as well as address energy affordability. The scoping plan makes clear that the benefits of the clean energy transition must not overlook workers and communities that have relied on the fossil fuel economy for their livelihood, and emphasizes that they should not be left behind. At the heart of the scoping plan is a determination to make sure that the advancement of a clean energy economy results in new economic development opportunities throughout the state and supports long-term, well-paying jobs. At the same time, the plan offers recommendations regarding how to provide support and tools to workers and communities affected by the energy transition. What happens if the plan is not implemented? The state estimates that the cost of inaction will exceed the cost of action by more than $115 billion. That’s a big price tag for failing to stave off runaway climate change and ignoring environmental justice and health concerns. Make no mistake, the plan is not perfect. The final draft postpones the dates by which New York will move away from fossil fuel use for construction of new homes and commercial buildings, putting them off one year later than in the draft plan passed in December 2021. To take just one example, the prohibition of fossil fuels in new construction for single family homes will occur in 2025, not 2024. As Cornell Professor Robert Howarth, a member of the Climate Action Council, points out, this delay is especially disappointing given that the building sector is the largest source of greenhouse gas emissions. Another area inviting scrutiny involves “renewable natural gas” and hydrogen for use in gas pipelines, a ploy by the fossil gas industry to extend its operation and profits into the future. Raya Salter, founder and executive director of the Energy Justice Law and Policy Center and member of the Climate Action Council, rightly terms these so-called alternative fuels “a dangerous distraction.” In her words, “there is at best a limited role for alternative fuels, which are in many cases infeasible, costly, untested, leak-prone and carbon intensive to produce.” Despite these flaws, the scoping plan marks a crucial turning point in New York’s energy transition and establishes an important framework for moving forward. Next steps include presentation of the plan to the governor and state legislature, and the creation of new rules and regulations to take into account its recommended policy changes. As this process unfolds, we should all work to ensure that the scoping plan is funded and fully implemented to ensure a just transition for all New Yorkers.