The Legislature and Governor enacted historic funding levels for environmental programs - but opportunities to advance critical climate policy on building electrification, green transportation, pollinator protection and extended producer responsibility fell short in final agreements.
The 2022 New York State Legislative Session wrapped up in early June with something of a whimper as State Legislators chose to leave many important environmental policies on the table, in anticipation of potentially chaotic primaries and fall elections. With unprecedented lobbying from fossil fuel companies, real estate developers, chemical manufacturers and cryptocurrency moguls, there was concern that a bold defense of our environment and climate goals against these powerful interests would translate into even deeper losses than what is anticipated from the “red wave” alone. Earlier in the year the State Legislature and Governor Hochul came to an agreement on a $220 billion state budget that included historic funding for critical environmental programs and some of the strongest environmental agreements of the session, including:
● Historic Wetlands Reforms that will protect over 1 million acres of critically important freshwater wetlands that are currently unmapped and tens of thousands of smaller wetlands that are of ‘unusual importance’ and provide valuable ecological services. These long awaited regulatory reforms will protect drinking water and biodiversity, and make communities more resilient to floods, droughts, and ecological disruption brought on by the climate crisis.
● A $4.2 billion ‘Clean Water, Clean Air, Green Jobs Environmental Bond Act’ that will go before the voters in November for approval. This historic proposal will finance projects that protect critical habitats, restore wetlands, prevent floods, and safeguard our drinking water.
● A $400 million Environmental Protection Fund (EPF), the highest level of funding in the program's history, will ensure that NY’s primary funding source for critical programs such as land acquisition, farmland and open space protection, drinking water infrastructure, and waste reduction will continue to support the health and prosperity of all NY’s communities.
● Increased funding and staffing for environmental agencies including 94 new DEC staff to implement the Climate Leadership Community Protection Act (CLCPA) and other environmental needs.
● $500 million for offshore wind manufacturing and supply chain development.
● Green transportation initiatives including the adoption of a 2035 zero-emissions
school bus fleet mandate, supported by $500 million in the Environmental Bond
Act for electric vehicle procurement.
● $500 Million for Clean Water Infrastructure Projects, a continuation of the $4
billion Water Infrastructure Improvement Act, to repair failing sewage and drinking water infrastructure, upgrade septic systems, remediate contaminated drinking water, confront harmful algal blooms, address water pollution caused by agricultural run-off, replace lead drinking water service lines, and more.
● Geothermal Tax Credits for geothermal heating and cooling units up to $5000. Additionally at least $400 million in Environmental Bond Act funding was earmarked for “renewable heating and cooling” in public buildings and schools. Phasing out fossil fuels in favor of geothermal and air source heat pumps is an effective step in reducing greenhouse gas emissions.
Many of these budget items have a direct connection to the implementation of the CLCPA, and they should be carefully considered in tandem with the initiatives in the Climate Action Council Scoping Plan. But even as the billions of dollars in this year’s budget dedicated to the environment eclipses any previous environmental budget expenditure in history, the appropriations fall short of the funding and policy steps that are essential in order to stave off the worst impacts of the impending climate catastrophe. After the budget agreement was reached advocates still pushed the legislature to adopt issues that fell out of the budget process - like the adoption of All Electric Building standards by 2024, enhanced producer responsibility for packaging waste, rules to establish 100% all electric transit bus procurement and banning bee-killing neonicotinoids.But despite coming up short on these bills - a string of smaller bills passed both houses, later in session, that can not be ignored collectively as insignificant:
Bills that Passed the Legislature in 2022
- Including Environmental Justice in SEQRA Reviews: S.8830 (Stewart-Cousins)/A.2103-D (Pretlow) For the past 45 years, the State Environmental Quality Review Act (SEQRA) has been administered without a direct mandate to protect disadvantaged communities or communities of color, who already bear the burden of disproportionate environmental degradation and pollution. This bill now places environmental justice at the core of SEQRA and makes provisions to require environmental impact statements to state whether the siting of a facility will cause or increase a disproportionate burden on disadvantaged communities.
- Cryptocurrency Mining Center Moratorium: S.6486-D (Parker)/A.7389-C (Kelles) This common sense legislation will give New Yorkers a much needed environmental review of energy-hungry proof of work crypto mining facilities and prevent the resurrection of NY’s dirtiest retired plants which are currently being targeted for speculative bitcoin generation.
- Utility Thermal Energy Network and Jobs Act: S.9422 (Parker)/A.10493 (Joyner) This bill will allow NY’s utilities to build and maintain large scale renewable heating projects for building complexes, campuses or city blocks (as they can with conventional gas and electrical systems) starting with 35 pilot projects. The legislation is especially designed to provide jobs to transitioning utility workers in the building sector new to renewable heat technologies.
- Advanced Building Codes, Appliance and Equipment Efficiency Standards Act: S.9405 (Parker)/A.10439 (Fahy): This bill will synchronize our building codes and efficiency standards with our climate law, reduce greenhouse gas emissions, improve indoor air quality and save New Yorkers billions of dollars in energy costs.
- Right to Repair: S.4104-A (Breslin)/A.7006-B (Fahy) This bill requires equipment manufacturers to provide diagnostic and repair information for their products so that they can be fixed by third parties at a reasonable cost. Currently, many companies count on consumers throwing away intentionally unfixable products so that they can profit off of replacements. This legislation will save New Yorkers money and reduce our waste stream.
- Toxic Air Contaminants and the Community Benefit Fund: S.4371-D (Biaggi)/A.6150-B (Septimo) This bill directs the Department of Environmental Conservation to promulgate air quality standards for emissions of toxic air contaminants in areas where cumulative emissions disproportionately impact environmental justice communities. It also establishes a community benefit fund to help mitigate impacts from legacy emissions.
- 30x30: S.6191-A (Kaminsky)/A.5390-B (Fahy) This bill is part of an effort to combat the biodiversity and climate crises in the state's land acquisition policy; sets the goal to conserve at least 30 percent of New York's land by 2030.
- Stream Classification: S.4162 (Harckham)/A.6652 (Englebright): This bill would add protection to 41,000 linear miles of currently unprotected headwater streams in NY. (Governor Cuomo Vetoed this bill in 2020 on the basis that DEC did not have the staff to administer expansion of the streams protection program
- Zero Emissions NYS Transportation Fleets: S.9382 (Parker) /A.10450 (Fahy) Requires plan by which New York State owned vehicles are to be 100% all electric by 2040 with incremental goals leading up to the zero emissions mandate.
- PFAS in Apparel Ban: S.6291-A (Hoylman)/A.7063-A (Fahy) This first of its kind legislation prohibits the use of perfluoroalkyl and polyfluoroalkyl substances in common apparel, reducing human exposure to this hazardous ‘forever chemical’ and the subsequent release of PFAAS into the environment.
- Protecting Horseshoe Crabs S 9419 (Kaminsky)/A.7710-A (Englebright) This bill adds new protections to Horseshoe crabs, after decades of overharvesting in NY coastal waters.
- Utility Intervenor Reimbursement for the Public S 3034-A (Parker) /A 873-A Cahill This bill will provide funding to members of the public engaged in various proceedings before the Public Service Commission (that are not otherwise covered) to give citizen advocates even footing with big energy interested when it comes to enacting policy or evaluating projects.
- Expanding “Complete Streets” Applications: S.3897(Kennedy)/A.8936-A (Fahy) “Complete streets” features (such as pedestrian crosswalks, sidewalks, and bike lanes) are only required and federally funded for certain large, intensive new construction projects. Since most of New York’s transportation infrastructure is already “built out” most alternative transportation projects are not eligible for design or funding opportunities. This legislation makes incentives for pedestrian friendly development eligible to NYS municipalities and can be applied to a wider range of road and bridge projects.
- Reducing New York’s Waste Generation: S.139-A(Thomas)/A.4117 (Englebright) This bill establishes the NYS goal to reduce, reuse, recycle, or compost no less than eighty-five percent of the solid waste generated by the year 2032.
- Strengthening NY’s environmental standards for ambient lead and lead contamination: S.8050-A(Cleare)A.5541-B (Englebright) This bill reduces the threshold for lead contamination levels for indoor environments, especially in the context of protecting children from lead exposure.
- Requiring EV Charging Stations in New Parking Construction: A.4386-B (O'Donnell) / S.23-B (Kaplan) This bill requires that all new parking garages and lots in NY install EV charging infrastructure for at least 10% of the spaces, and 20% for lots with a 200 car capacity and larger.
- Carpet Collection Program: S.5027-C (Kavanagh)/A.9279-A (Englebright) This bill establishes a NYS carpet collection program for one of the bulkiest and most problematic household items for waste handling facilities to process - making carpet producers responsible for making less toxic and easier to recycle products.
- All Electric, Zero Emissions Landscape Equipment Incentives: S.7453-A (Krueger)/A.8327-A (Englebright) This bill will establish an electric landscaping equipment rebate program to reduce greenhouse gas emissions, improve air quality, and reduce noise pollution by promoting the adoption of quieter, zero-emission landscaping equipment and provides for rebates at the point of sale for applicants purchasing or leasing certain equipment.
- Renewable Energy Resources at Dormant Electric Generating Sites: S.1829-B (Skoufis)/A.340-B (Zebrowski) This bill directs the New York State Energy Research and Development Authority to study and make recommendations regarding siting renewable energy resources at decommissioned or dormant electric generating sites and to issue a request for proposal in support of a renewable energy project at a dormant electric generating site.
The Sierra Club will be pushing through the summer months for Governor Hochul to sign all these bills into law, and direct our state agencies to swiftly initiate all the regulatory changes required to implement these important policy changes. But as we simultaneously engage in the rulemaking process for the Climate Action Council’s scoping process under the Climate Leadership and Community Protection Act the legislature cannot lose sight of all that it still must do to make new laws that facilitate and keep pace with our obligation to stay ahead of the climate crisis. In 2023 we must do better.