Ensure all CLCPA regulations are equitable.
- Date Due:
- 01/01/2024
- Responsible Entity:
- DEC
- Action:
- Ensure all CLCPA regulations are equitable.
- Summary:
- The DEC will design and implement all regulations promulgated under the CLCPA to be equitable, minimize costs, maximize benefits to New York, and encourage early action to reduce emissions.
- Status:
- PENDING
- Statute:
- CLCPA § 2 adds new ECL § 75-0109(1), (3).
The CLCPA instructs the DEC, to promulgation rules and regulations to ensure compliance with the statewide emissions reduction limits and work with other state agencies and authorities to promulgate regulations required. In doing so, the DEC must ensure all CLCPA regulations are equitable.
Statutory Language:
CLCPA § 75-0109 (1)(3): "No later than four years after the effective date of this article, the department, after public workshops and consultation with the council, the environmental justice advisory group, and the climate justice working group established pursuant to section 75-0111 of this article representatives of regulated entities, community organizations, environmental groups, health professionals, labor unions, municipal corporations, trade associations and other stakeholders, shall, after no less than two public hearings, promulgate rules and regulations to ensure compliance with the statewide emissions reduction limits and work with other state agencies and authorities to promulgate regulations required by section eight of the chapter of the laws of two thousand nineteen that added this article.
3. In promulgating these regulations, the department shall:
a. Design and implement all regulations in a manner that seeks to be equitable, to minimize costs and to maximize the total benefits to New York, and encourages early action to reduce greenhouse gas emissions.
b. Ensure that greenhouse gas emissions reductions achieved are real, permanent, quantifiable, verifiable, and enforceable by the department.
c. Ensure that activities undertaken to comply with the regulations do not result in a net increase in co-pollutant emissions or otherwise disproportionately burden disadvantaged communities as identified pursuant to section 75-0111 of this article.
d. Prioritize measures to maximize net reductions of greenhouse gas emissions and co-pollutants in disadvantaged communities as identified pursuant to section 75-0111 of this article and encourage early action 32 to reduce greenhouse gas emissions and co-pollutants.
e. Incorporate measures to minimize leakage."