the Business Council of New York State ... They want to go beyond pushing back CLCPA deadlines. They hope to rewrite the law itself, targeting mandates to electrify buildings, passenger vehicles and school buses.“We are now at a point where implementation challenges call for a reassessment of the underlying statutory mandates,” the Business Council said July 30 while releasing a letter to Hochul signed by 60 business, fossil fuel, labor, farming and small business groups.
This is the kind of utterly predictable pushback that confident legislators simply manage with a few well-chosen words, even as they push forward. (See, Joe Biden). But Hochul shows no sign of that kind of confidence. NYRenews, the group that has helped push much of the New York legislation, released a report yesterday showing that under Hochul’s leadership, the state’s four key implementation agencies are sitting on their hands.
Only a handful of agencies have issued specific guidance or regulations to support compliance efforts. Notably, it appears that the state’s largest and most powerful agencies have entirely failed to comply with the Climate Act and have not yet issued policies or guidance on implementation of the law.
For example:
• The New York State Department of Transportation (“NYSDOT”) has pushed forward at least 40 highway expansion projects without properly assessing their impacts on DACs and the climate;
• Empire State Development (“ESD”) has awarded at least $780 million in clean energy funding without ensuring that 40% of the benefits go to DACs;
• The New York Education Department (“NYSED”) has approved at least 25,971 construction projects at public schools across the state without properly assessing their climate and DAC impacts; and
• The New York State Department of Health (“NYSDOH”) has approved at least 223 construction projects for new and renovated healthcare facilities without assessing or mitigating their climate impacts.
This is where leadership makes a difference, one way or the other. You need some nerve—(something like, though in reverse, the chutzpah of the New York Republican legislator who last week penned an oped explaining that this summer’s violent storms were a reason to postpone climate action). Hochul, casting New York’s votes at the convention last night, cited the Empire State as the birthplace of the women’s rights and gay rights movement. If she were smart she’d listen to impassioned voices from the climate movement, who also know something about reality: listen to Bob Howarth, the world-leading methane scientist who also sits on the board charged with implementing the new law.
“I am appalled at this pushback against the CLCPA by business interests pushing their short-sighted agenda,” Howarth told WaterFront. “Climate change is very real. The consequences of climate disruption (floods, droughts, fires, crop failures) are becoming increasing obvious to all.
“The political leaders of NY understood these dangers when they drafted the CLCPA and its predecessor beginning in 2015…. Due to political delay, we may miss CLCPA targets by a few years. But the needed trajectory remains clear.”
Howarth sits on the state’s Climate Action Council, which passed a plan to implement CLCPA in December 2022 (by a vote of 19-3). The council had determined that “it was entirely possible and reasonable to meet the CLCPA goals and targets … that would benefit individual homeowners,” Howarth said.
Furthermore, the successful implementation of CLCPA would set an example to the world by showing “that a globally important economy could thrive while addressing the climate crisis and moving away from fossil fuels,” he added.
But the council hasn’t met for many months. “The state simply has not seen adequate political leadership to move ahead with the CLCPA goals and the council’s plan,” he said.
Something similar is happening in New York City where mayor Eric Adams, in between dealing with corruption investigations, has done his best to weaken the city’s landmark Law 97. As Pete Sikora of New York Communities for Change explained to me, he’s pushed back the implementation date for the statute, which mandates efficiency improvements in big buildings. (Not surprisingly, he’s taken lots of campaign money from real estate interests).
The two year delay he's created will cost thousands of jobs and raise pollution yearly by a few hundred thousand tons per year as landlords put off energy efficiency projects (more worrying: it's a signal he'll further weaken the law if re-elected and the major pollution limit starts in 2030).
But Adams—well, he’s also attempting to turn one of the city’s neighborhood landmarks, the Elizabeth Street Garden, into a housing complex. The city needs housing, which is why the garden’s friends have come up with all kinds of alternate sites in the same neighborhood, but so far he hasn’t yielded, even thought even Murdoch’s New York Post has made it clear what a bad idea the development is. Now, the Times reports, there’s been a huge letter-writing campaign from local public school students.
For the 575 or so students who attend P.S. 130, Elizabeth Street Garden serves as an extension of the classroom. The elementary school lacks green space, but it is only a 10-minute walk from the garden, allowing for frequent visits and class trips. So the garden has become a de facto playground and nature center where the children can plant seeds, learn about nature and have Easter egg hunts.
“Tree’s also provide homes for animals like birds, squirrels, and raccoons. This is why we should save the garden!” wrote one student.
Another explained, “The garden adds color and brightness to the city.”
Many were concerned about their favorite play space disappearing: “One reson why we should keep the garden is because with all the trees, we can play hide & seek and eat lunch.”
One reason that pols like Hochul and Adams can get away with moves like this is that there’s very little coverage—the Elizabeth Street garden is the exception that proves the rule. Indeed, the Times announced last week that it would no longer endorse candidates for local office, which is odd since those were probably the only endorsements the paper made that actually moved voters. Albany, meanwhile, exists in a news vacuum—the number of voters who know that Hochul is emerging as a northern DeSantis on climate issues is minuscule.
The closer we move to actual implementation of the big climate promises that politicians made during the Greta years, the more of this kind of backsliding we’re going to see. Consider, just as a random example, Connecticut, where utility regulators have introduced an excellent system of performance based regulation for power providers, moving away from the old system which basically just takes a utility’s costs and adds a chunk of profit on top. The Nutmeg State’s two big utilities have fought it from the start, and now they’re moving to have the regulator who introduced it, Marissa Gillett, fired. The state’s governor, Ned Lamont, said when the law was introduced that “you just don’t get paid an automatic 9% whether you do good work or bad work,” he said. “You get paid for doing good work.” Now we’ll see if he has the courage to keep her at her job. Or Massachusetts, where the legislature adjourned without taking up the crucial enabling legislation for the state’s climate law—there’s some talk that governor (and climate hawk) Maura Healey might call them back for a special session, but more likely it will drag on for another year. Delay is the new denial.
Or take Delaware—the state needs to develop its offshore wind resources to meet climate goals. Indeed, given its relatively small population, it could become a linchpin for the entire Atlantic seaboard. But though polling shows strong support across the region, well-financed opponents have successfully made it appear that grassroots opposition is growing, particularly in coastal communities. I’ve watched it happen in Cape Cod, where activists are trying to block the cable necessary to bring power onshore from turbines, and in Maine where other activists want to block the construction of the terminal to support the offshore farms. There are always arguments—perfect enemy of the good—but none of them make much sense in a world where August looks like it will be even hotter than last year’s all-time record. It’s why, when real champions emerge—say, former National Wildlife Federation CEO Collin O’Mara, running in the Democratic primary for Delaware governor—change gets so much easier.
The default is always to the status quo. For Republicans that means fossil fuel uber alles. For Democrats, too often, it means ‘don’t ruffle more feathers than you have to.’ That’s why we always have to make sure that there are plenty of climate hawks with plenty of feathers.
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