Report: State Agencies Ignoring New York’s Climate Mandates

A recent report reveals that nearly every major New York State agency is ignoring climate mandates, including four of the state’s best-funded departments.

The report, “Flouting the Law: Major State Agencies Are Ignoring New York’s Climate Mandates,” by New York Lawyers for the Public Interest (NYLPI) and the NY Renews Coalition, highlights these failures.

New York’s Climate Leadership and Community Protection Act (Climate Act) commits the state to significantly reduce greenhouse gas emissions and safeguard disadvantaged communities (DAC) from further environmental harm.

To achieve these goals, the law expressly obligates state agencies to screen their decisions for negative impacts on the climate and DACs and to ensure that 35% — with a goal of 40% — of clean energy investments go to DACs.

The Climate Act’s mandates explicitly and unambiguously apply to “all state agencies, offices, authorities, and divisions,” not just to those that have historically been tasked with environmental regulation.

However, a review of public records by NYLPI and the NY Renews Coalition reveals what appears to be widespread noncompliance with this legislation across almost all New York State agencies.

Since the Climate Act took effect on January 1, 2020, state agencies have made at least 26,454 significant decisions and authorized over $1.9 billion in clean energy spending without performing the required screenings to ensure consistency with climate targets and protections for DACs.

In fact, only a handful of agencies have issued specific guidance or regulations to support compliance efforts. Notably, the state’s largest and most powerful agencies have 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 has pushed forward at least 40 highway expansion projects without properly assessing their impacts on DACs and the climate;
• Empire State Development 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 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 has approved at least 223 construction projects for new and renovated healthcare facilities without assessing or mitigating their climate impacts.

“These findings show a troubling lack of coordination, or at least a lack of transparency, that hinders the effective implementation of an all-of-government approach necessary to transforming our economy and environment,” according to the study.

“As global temperatures, sea levels, and extreme weather events continue to track worst-case scenarios for climate change, New York’s state government must urgently prioritize Climate Act implementation, including conducting required screens for all relevant regulatory and investment decisions and adhering to rigorous internal guidance to ensure compliance with the law.”

A recent report from the Public Service Commission and New York State Energy Research and Development Authority found that New York is now three to five years behind in meeting the Climate Act requirement of at least a 70% renewable electricity sector by 2030.

You can read the complete report here.

Photo provided.