Require consideration of climate risk and mitigation of significant risks in air pollution control permit applications.

CLCPA § 9: "Chapter 355 of the laws of 2014, constituting the community risk 17 and resiliency act, is amended by adding two new sections 17-a and 17-b to read as follows:

§ 17-b. Major permits for the regulatory programs of subdivision three of section 70-0107 of the environmental conservation law shall require applicants to demonstrate that future physical climate risk has been considered. In reviewing such information the department may require the applicant to mitigate significant risks to public infrastructure and/or services, private property not owned by the applicant, adverse impacts on disadvantaged communities, and/or natural resources in the vicinity of the project."

DEC's proposed 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 is accepting written comments on the proposed policy until 5 p.m. January 7, 2022

On October 27, 2021, DEC denied Title V air quality permits to two natural gas generation facilities for failure to conform with the CLCPA.