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

Date Due:: 01/01/2017
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).

Statutory Language:

CRRA § 15: “Section 70-0117 of the environmental conservation law is amended by adding a new subdivision 9 to read as follows:

9. Applicants for major projects. Applicants for major projects for the regulatory programs of paragraphs (a), (f), (h), (i), (j), (k) and (m) of subdivision 3 of section 70-0107 of this article shall be required to demonstrate that future physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable, has been considered."