
The New York State Climate Law Tracker monitors New York's progress in implementing its path-breaking Climate Leadership and Community Protection Act, Environmental Justice Law, Community Risk and Resiliency Act, and Accelerated Renewable Energy Growth and Community Benefit Act.
Actions can be sorted by deadline or responsible entity, and readers may use the keyword filter to search for actions based on subject matter, statute, or whether an action is overdue. Overdue actions are also highlighted in red. Readers may download the tracker's data as a spreadsheet by clicking "Download CVS." Please note that in Excel, § will appear as "§" due to a glitch in the program.
The following links provide additional information:
- Abbreviations
- Definitions
- Relevant officials
- Related resources
- Climate Action Council Final Scoping Plan
- New York City Climate Law Tracker
- Compilation of Recommendations to Reduce Greenhouse Gas Emissions in New York State.
Please email Vincent Nolette (vmn2106@columbia.edu) with questions or feedback. The Sabin Center is grateful to Emma Shumway, Martin Lockman, Jacob Elkin, and Jenna Rackerby for their contributions to the tracker.
Pagination
- Date
- 2006-06-30
- Responsible Entity
- State
- Action
- Establish standards, tests, and certification procedures for certain products and appliances
- Summary
The Secretary of State, in consultation with the president of NYSERDA, must adopt regulations to establish energy efficiency performance standards, testing procedures, and procedures to certify manufacturing for certain products and appliances.
- Status
OVERDUE
- Statute
AEEES 2005 adds new Energy Law §16-106(2)(a)
- Date
- 2010-12-31
- Responsible Entity
- State
- Action
- Establish standards, tests, and certification procedures for certain products and appliances
- Summary
The Secretary of State, in consultation with the president of NYSERDA, must adopt regulations to establish energy efficiency performance standards, testing procedures, and procedures to certify manufacturing for certain products and appliances.
- Status
In Progress
- Statute
AEEES 2005 adds new Energy Law §16-106(2)(c)
- Date
- 2015-03-21
- Responsible Entity
- State
- Action
- Prepare model local laws that include consideration of future physical climate risk.
- Summary
The Department of State must prepare model local laws that include consideration of future physical climate risk due to sea level rise, and/or storm surges, and/or flooding, based on available hazard risk analysis, and make the model laws available to municipalities.
- Status
EXECUTED: In June 2019, the Department of State prepared model local laws that include consideration of future physical climate risk.
- Statute
- CRRA § 14
- Date
- 2015-03-21
- Responsible Entity
- Health
- Action
- Consider climate risk of potentially eligible projects for the Drinking Water Revolving Fund.
- Summary
The Commissioner of Health must establish a list of projects that are eligible for the Drinking Water Revolving Fund and rank the projects based on their public health significance considering, among other factors, climate risk.
- Status
EXECUTED: the 2019-2020 Intended Use Plan for the Drinking Water State Revolving Fund includes a climate change initiative (p. 3) requiring DOH to consider projects' climate risk when ranking projects.
- Statute
- CRRA § 13 amends Public Health Law § 1161.
- Date
- 2017-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk in realty subdivisions: sewerage service permit applications.
- Summary
Applicants seeking permits for major projects under the realty subdivisions: sewerage service regulatory program must demonstrate that future physical climate risk has been considered.
- Status
ONGOING
- Statute
- CRRA § 15 adds new ECL § 70-0117(9).
- Date
- 2017-01-01
- Responsible Entity
- DEC
- Action
- Consider climate risk when approving well oil and gas well permits.
- Summary
The DEC must consider the future physical climate risk due to sea level rise, and/or storm surges, and/or flooding in issuing well permits for oil and natural gas pools and fields.
- Status
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures.
- Statute
CRRA § 14-a adds new ECL § 23-0305(8-a).
- Date
- 2017-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk in protection of waters permit applications.
- Summary
Applicants seeking permits for major projects under the protection of waters regulatory program must demonstrate that future physical climate risk has been considered.
- Status
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures.
- Statute
CRRA § 15 adds new ECL § 70-0117(9).
- Date
- 2017-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk in liquefied natural and petroleum gas permit applications.
- Summary
Applicants seeking permits for major projects under the liquefied natural and petroleum gas regulatory program must demonstrate that future physical climate risk has been considered.
- Status
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures.
- Statute
CRRA § 15 adds new ECL § 70-0117(9).
- Date
- 2017-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk in mined land reclamation permit applications.
- Summary
Applicants seeking permits for major projects under the mined land reclamation regulatory program must demonstrate that future physical climate risk has been considered.
- Status
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures.
- Statute
CRRA § 15 adds new ECL § 70-0117(9).
- Date
- 2017-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk in freshwater wetlands permit applications.
- Summary
Applicants seeking permits for major projects under the freshwater wetlands regulatory program must demonstrate that future physical climate risk has been considered.
- Status
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures.
- Statute
CRRA § 15 adds new ECL § 70-0117(9).
- Date
- 2017-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk in tidal wetlands permit applications.
- Summary
Applicants seeking permits for major projects under the tidal wetlands regulatory program must demonstrate that future physical climate risk has been considered.
- Status
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures.
- Statute
CRRA § 15 adds new ECL § 70-0117(9).
- Date
- 2017-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk in coastal erosion hazard area permit applications.
- Summary
Applicants seeking permits for major projects under the coastal erosion hazard regulatory program must demonstrate that future physical climate risk has been considered.
- Status
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures.
- Statute
CRRA § 15 adds new ECL § 70-0117(9).
- Date
- 2017-01-01
- Responsible Entity
- Ag & Markets
- Action
- Consider whether climate risk has been assessed in evaluating funding applications.
- Summary
In evaluating applications for state assistance payments for locally-led agricultural and farmland protection activities, the Commissioner of Ag and Markets must consider whether future physical climate risk has been considered.
- Status
ONGOING
- Statute
CRRA § 12 adds new Agriculture and Markets Law § 325(2)(f).
- Date
- 2017-01-01
- Responsible Entity
- DEC
- Action
- Prepare Guidance
- Summary
DEC, in consultation with State, must prepare guidance on implementing the CRRA, including data on future extreme events and recommended resiliency measures.
- Status
EXECUTED: DEC and State released guidance on November 4, 2020 titled "Using Natural Measures to Reduce the Risk of Flooding and Erosion," and guidance in August 2020 titled "New York State Flood Risk Management Guidance for Implementation of the Community Risk and Resiliency Act."
- Statute
CRRA § 16
- Date
- 2020-01-01
- Responsible Entity
- NYS
- Action
- Establish a Climate Action Council
- Summary
NYS must establish the New York State Climate Action Council, which will consist of 22 members with expertise in issues relating to climate change mitigation and/or adaptation.
- Status
EXECUTED: All CAC members have been appointed.
- Statute
CLCPA § 2 adds new ECL § 75-0103(1)-(6).
- Date
- 2020-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk and mitigation of significant risks in protection of waters permit applications.
- Summary
Applicants seeking permits for major projects under the protection of waters regulatory program must demonstrate that future physical climate risk has been considered.
- Status
ONGOING
- Statute
- CLCPA § 9 adds new CRRA § 17-b
- Date
- 2020-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk and mitigation of significant risks in state pollutant discharge elimination system permit applications.
- Summary
Applicants seeking permits for major projects under the state pollutant discharge elimination system regulatory program must demonstrate that future physical climate risk has been considered.
- Status
ONGOING: NYS DEC has issued a draft State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity (CGP) that would address climate change impacts in New York State. It has an anticipated effective date is January 29, 2025 and anticipated expiration date of January 28, 2030.
- Statute
CLCPA § 9 adds new CRRA § 17-b
- Date
- 2020-01-01
- Responsible Entity
- PSC
- Action
- Ensure energy storage projects serve disadvantaged communities.
- Summary
The PSC will specify that a minimum percentage of energy storage projects should deliver clean energy benefits into NYISO zones that serve disadvantaged communities.
- Status
ONGOING
- Statute
- CLCPA § 4 adds new Public Service Law § 66-p(7)(a)
- Date
- 2020-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk and mitigation of significant risks in water supply and water transport permit applications.
- Summary
Applicants seeking permits for major projects under the water supply and water transport regulatory program must demonstrate that future physical climate risk has been considered.
- Status
ONGOING
- Statute
- CLCPA § 9 adds new CRRA § 17-b
- Date
- 2020-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk and mitigation of significant risks in certifications under section 401 of the federal water pollution control act permit applications.
- Summary
Applicants seeking permits for major projects certifications under section 401 of the federal water pollution control act regulatory program must demonstrate that future physical climate risk has been considered.
- Status
ONGOING
- Statute
- CLCPA § 9 adds new CRRA § 17-b
- Date
- 2020-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk and mitigation of significant risks in realty subdivisions: sewerage service permit applications.
- Summary
Applicants seeking permits for major projects under the realty subdivisions: sewerage service regulatory program must demonstrate that future physical climate risk has been considered.
- Status
ONGOING
- Statute
- CLCPA § 9 adds new CRRA § 17-b
- Date
- 2020-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk and mitigation of significant risks in air pollution control permit applications.
- Summary
Applicants seeking permits for major projects under the air pollution control regulatory program must demonstrate that future physical climate risk has been considered.
- Status
EXECUTED: DEC's final DAR-21 policy document outlines the requirements for analyses developed pursuant to Section 7(2) of the Climate Leadership and Community Protection Act (CLCPA) in support of air pollution control permit applications. DEC has also recently denied Title V air quality permits for failure to conform with the CLCPA.
- Statute
CLCPA § 9 adds new CRRA § 17-b
- Date
- 2020-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk and mitigation of significant risks in liquefied natural and petroleum gas permit applications.
- Summary
Applicants seeking permits for major projects under the liquefied natural and petroleum gas regulatory program must demonstrate that future physical climate risk has been considered.
- Status
EXECUTED: Revised Commissioner Policy #49, updated December 14, 2022, applies to all Liquefied Natural Gas and Petroleum Gas permit applications.
- Statute
CLCPA § 9 adds new CRRA § 17-b
- Date
- 2020-01-01
- Responsible Entity
- DEC
- Action
- Require consideration of climate risk and mitigation of significant risks in collection, treatment and disposal of refuse and other solid waste permit applications.
- Summary
Applicants seeking permits for major projects under the collection, treatment and disposal of refuse and other solid waste regulatory program must demonstrate that future physical climate risk has been considered.
- Status
EXECUTED: Revised Commissioner Policy #49, updated December 14, 2022, applies to all Solid Waste Management permit applications.
- Statute
CLCPA § 9 adds new CRRA § 17-b
Date Due | Responsible Entity | Action | Summary | Status | Statute |
---|---|---|---|---|---|
2006-06-30
|
State
|
Establish standards, tests, and certification procedures for certain products and appliances
#/table_listing3/node/1831
edit
|
The Secretary of State, in consultation with the president of NYSERDA, must adopt regulations to establish energy efficiency performance standards, testing procedures, and procedures to certify manufacturing for certain products and appliances. |
OVERDUE |
AEEES 2005 adds new Energy Law §16-106(2)(a) |
2010-12-31
|
State
|
Establish standards, tests, and certification procedures for certain products and appliances
#/table_listing3/node/1832
edit
|
The Secretary of State, in consultation with the president of NYSERDA, must adopt regulations to establish energy efficiency performance standards, testing procedures, and procedures to certify manufacturing for certain products and appliances. |
In Progress |
AEEES 2005 adds new Energy Law §16-106(2)(c) |
2015-03-21
|
State
|
Prepare model local laws that include consideration of future physical climate risk.
#/table_listing3/node/1428
edit
|
The Department of State must prepare model local laws that include consideration of future physical climate risk due to sea level rise, and/or storm surges, and/or flooding, based on available hazard risk analysis, and make the model laws available to municipalities. |
EXECUTED: In June 2019, the Department of State prepared model local laws that include consideration of future physical climate risk. |
CRRA § 14 |
2015-03-21
|
Health
|
Consider climate risk of potentially eligible projects for the Drinking Water Revolving Fund.
#/table_listing3/node/1429
edit
|
The Commissioner of Health must establish a list of projects that are eligible for the Drinking Water Revolving Fund and rank the projects based on their public health significance considering, among other factors, climate risk. |
EXECUTED: the 2019-2020 Intended Use Plan for the Drinking Water State Revolving Fund includes a climate change initiative (p. 3) requiring DOH to consider projects' climate risk when ranking projects. |
CRRA § 13 amends Public Health Law § 1161. |
2017-01-01
|
DEC
|
Require consideration of climate risk in realty subdivisions: sewerage service permit applications.
#/table_listing3/node/1432
edit
|
Applicants seeking permits for major projects under the realty subdivisions: sewerage service regulatory program must demonstrate that future physical climate risk has been considered. |
ONGOING |
CRRA § 15 adds new ECL § 70-0117(9). |
2017-01-01
|
DEC
|
The DEC must consider the future physical climate risk due to sea level rise, and/or storm surges, and/or flooding in issuing well permits for oil and natural gas pools and fields. |
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures. |
CRRA § 14-a adds new ECL § 23-0305(8-a). |
|
2017-01-01
|
DEC
|
Require consideration of climate risk in protection of waters permit applications.
#/table_listing3/node/1434
edit
|
Applicants seeking permits for major projects under the protection of waters regulatory program must demonstrate that future physical climate risk has been considered. |
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures. |
CRRA § 15 adds new ECL § 70-0117(9). |
2017-01-01
|
DEC
|
Require consideration of climate risk in liquefied natural and petroleum gas permit applications.
#/table_listing3/node/1435
edit
|
Applicants seeking permits for major projects under the liquefied natural and petroleum gas regulatory program must demonstrate that future physical climate risk has been considered. |
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures. |
CRRA § 15 adds new ECL § 70-0117(9). |
2017-01-01
|
DEC
|
Require consideration of climate risk in mined land reclamation permit applications.
#/table_listing3/node/1436
edit
|
Applicants seeking permits for major projects under the mined land reclamation regulatory program must demonstrate that future physical climate risk has been considered. |
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures. |
CRRA § 15 adds new ECL § 70-0117(9). |
2017-01-01
|
DEC
|
Require consideration of climate risk in freshwater wetlands permit applications.
#/table_listing3/node/1437
edit
|
Applicants seeking permits for major projects under the freshwater wetlands regulatory program must demonstrate that future physical climate risk has been considered. |
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures. |
CRRA § 15 adds new ECL § 70-0117(9). |
2017-01-01
|
DEC
|
Require consideration of climate risk in tidal wetlands permit applications.
#/table_listing3/node/1438
edit
|
Applicants seeking permits for major projects under the tidal wetlands regulatory program must demonstrate that future physical climate risk has been considered. |
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures. |
CRRA § 15 adds new ECL § 70-0117(9). |
2017-01-01
|
DEC
|
Require consideration of climate risk in coastal erosion hazard area permit applications.
#/table_listing3/node/1439
edit
|
Applicants seeking permits for major projects under the coastal erosion hazard regulatory program must demonstrate that future physical climate risk has been considered. |
ONGOING: on November 4, 2020, DEC and State released guidance for consideration of climate risk under the CRRA. DEC adopted amendments to Part 621 of Title 6 Uniform Procedures Act regulations to incorporate the climate risk requirement into permitting procedures. |
CRRA § 15 adds new ECL § 70-0117(9). |
2017-01-01
|
Ag & Markets
|
Consider whether climate risk has been assessed in evaluating funding applications.
#/table_listing3/node/1440
edit
|
In evaluating applications for state assistance payments for locally-led agricultural and farmland protection activities, the Commissioner of Ag and Markets must consider whether future physical climate risk has been considered. |
ONGOING |
CRRA § 12 adds new Agriculture and Markets Law § 325(2)(f). |
2017-01-01
|
DEC
|
DEC, in consultation with State, must prepare guidance on implementing the CRRA, including data on future extreme events and recommended resiliency measures. |
EXECUTED: DEC and State released guidance on November 4, 2020 titled "Using Natural Measures to Reduce the Risk of Flooding and Erosion," and guidance in August 2020 titled "New York State Flood Risk Management Guidance for Implementation of the Community Risk and Resiliency Act." |
CRRA § 16 |
|
2020-01-01
|
NYS
|
NYS must establish the New York State Climate Action Council, which will consist of 22 members with expertise in issues relating to climate change mitigation and/or adaptation. |
EXECUTED: All CAC members have been appointed. |
CLCPA § 2 adds new ECL § 75-0103(1)-(6). |
|
2020-01-01
|
DEC
|
Applicants seeking permits for major projects under the protection of waters regulatory program must demonstrate that future physical climate risk has been considered. |
ONGOING |
CLCPA § 9 adds new CRRA § 17-b |
|
2020-01-01
|
DEC
|
Applicants seeking permits for major projects under the state pollutant discharge elimination system regulatory program must demonstrate that future physical climate risk has been considered. |
ONGOING: NYS DEC has issued a draft State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity (CGP) that would address climate change impacts in New York State. It has an anticipated effective date is January 29, 2025 and anticipated expiration date of January 28, 2030. |
CLCPA § 9 adds new CRRA § 17-b |
|
2020-01-01
|
PSC
|
The PSC will specify that a minimum percentage of energy storage projects should deliver clean energy benefits into NYISO zones that serve disadvantaged communities. |
ONGOING |
CLCPA § 4 adds new Public Service Law § 66-p(7)(a) |
|
2020-01-01
|
DEC
|
Applicants seeking permits for major projects under the water supply and water transport regulatory program must demonstrate that future physical climate risk has been considered. |
ONGOING |
CLCPA § 9 adds new CRRA § 17-b |
|
2020-01-01
|
DEC
|
Applicants seeking permits for major projects certifications under section 401 of the federal water pollution control act regulatory program must demonstrate that future physical climate risk has been considered. |
ONGOING |
CLCPA § 9 adds new CRRA § 17-b |
|
2020-01-01
|
DEC
|
Applicants seeking permits for major projects under the realty subdivisions: sewerage service regulatory program must demonstrate that future physical climate risk has been considered. |
ONGOING |
CLCPA § 9 adds new CRRA § 17-b |
|
2020-01-01
|
DEC
|
Applicants seeking permits for major projects under the air pollution control regulatory program must demonstrate that future physical climate risk has been considered. |
EXECUTED: DEC's final DAR-21 policy document outlines the requirements for analyses developed pursuant to Section 7(2) of the Climate Leadership and Community Protection Act (CLCPA) in support of air pollution control permit applications. DEC has also recently denied Title V air quality permits for failure to conform with the CLCPA. |
CLCPA § 9 adds new CRRA § 17-b |
|
2020-01-01
|
DEC
|
Applicants seeking permits for major projects under the liquefied natural and petroleum gas regulatory program must demonstrate that future physical climate risk has been considered. |
EXECUTED: Revised Commissioner Policy #49, updated December 14, 2022, applies to all Liquefied Natural Gas and Petroleum Gas permit applications. |
CLCPA § 9 adds new CRRA § 17-b |
|
2020-01-01
|
DEC
|
Applicants seeking permits for major projects under the collection, treatment and disposal of refuse and other solid waste regulatory program must demonstrate that future physical climate risk has been considered. |
EXECUTED: Revised Commissioner Policy #49, updated December 14, 2022, applies to all Solid Waste Management permit applications. |
CLCPA § 9 adds new CRRA § 17-b |