Require consideration of climate risk and mitigation of significant risks in liquefied natural and petroleum gas permit applications.

Date Due:: 01/01/2020
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

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."