Consider whether agency decisions are inconsistent with goal of achieving GHG limits.
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- NYS AGENCIES
- Consider whether agency decisions are inconsistent with goal of achieving GHG limits.
- NYS agencies must consider whether their decisions are inconsistent with goal of achieving GHG limits, and if so, provide a detailed statement of justification and identify alternatives.
- ONGOING: Revised Commissioner Policy #49 details how DEC should evaluate whether each decision is inconsistent with or will interfere with emission limits. DEC adopted amendments to Part 621 of Title 6 of the Uniform Procedures Act regulations to incorporate this requirement into permitting procedures.
- CLCPA § 7(2)-(3).
The CLCPA instructs New York State agencies to assess and implement strategies to reduce their greenhouse gas emissions. In addition, in considering and issuing permits, licenses and other administrative approvals and decisions, agencies must consider whether their actions are inconsistent with the CLCPA's greenhouse gas reduction requirements. In September 2020, DEC issued guidance to assist with this analysis.
Statutory Language:
CLCPA § 7 (2): "In considering and issuing permits, licenses, and other administrative approvals and decisions, including but not limited to the execution of grants, loans, and contracts, all state agencies, offices, authorities, and divisions shall consider whether such decisions are inconsistent with or will interfere with the attainment of the statewide greenhouse gas emissions limits established in article 75 of the environmental conservation law. Where such decisions are deemed to be inconsistent with or will interfere with the attainment of the statewide greenhouse gas emissions limits, each agency, office, authority, or division shall provide a detailed statement of justification as to why such limits/criteria may not be met, and identify alternatives or green house gas mitigation measures to be required where such project is located.