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Albany already revising new antipollution law after gas industry pushback
By
Rosemary Misdary
Published Jan 9, 2025
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NYC Comptroller's office
By
Rosemary Misdary
Published Jan 9, 2025
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New York Gov. Kathy Hochul signed a “climate superfund” law forcing the state’s biggest polluters to fund resiliency projects just two weeks ago — and legislators are already planning changes to bulletproof it ahead of expected legal challenges from the fossil fuel industry.
The ambitious law targets about 40 of New York’s polluters and requires them to pay a combined $75 billion over the next 25 years. That money would be used to pay for damage caused by extreme weather, or fund climate-related projects like restoring parks after brush fires and upgrading sewer and subway systems to protect against flooding.
Lawmakers in Albany plan to introduce a bill to amend the law later this month to adjust how the penalties on polluters are calculated and delay the date when enforcement will begin.
“It does give more time, but let's be honest, there's a very good chance there'll be litigation on this anyway, so it'll take a few years,” said state Assemblymember Jeffrey Dinowitz, a Democrat who represents parts of the Bronx. “If it's going to take a little bit longer to get this thing done properly and to get it done right, then I'm fine with that.”
According to the law’s current schedule, polluters would have to make their first payments in September 2026. The amendment would extend that date by around 18 months, giving the state’s Department of Environmental Conservation two-and-a-half years to enact regulations to implement the law instead of just one year. If passed, pollution invoices would be due starting December 2028.
Advocates and lawmakers were OK with the delay. The amendments include some technical tweaks that supporters hope will strengthen the law against the anticipated litigation and an adversarial Trump administration.
“Those concerns [about challenges to the law] are obviously valid, and if that’s what it takes to make the law more defensible in court, we completely support those changes,” said Eric Weltman, senior organizer at the nonprofit Food and Water Watch. “We want a strong, enforceable climate change superfund law.”
The amendments would allow the state environmental agency to create statutes, or laws, instead of regulations. The agency would also receive additional funding to enforce the law.
“Agencies put out regulations all the time, but agencies could also easily change those regulations,” Dinowitz said. “It’s harder to change a statute [law] than to change a regulation.”
The American Petroleum Institute, which has criticized the superfund law, did not immediately respond to an inquiry about the amendments. It previously called the law a “punitive new fee on American energy” and said it was “reviewing its options” on how to respond.
The amendments would also add requirements for hearings and public comment on the funds the law is aimed at generating.
“This is a massive amount of spending on a wide array of projects, and every corner of the state has significant needs,” said state Sen. Liz Krueger, a Democrat who represents parts of Manhattan. “The public is a critical source of information on what those needs are, and their participation will help to make sure the money gets where it is most needed.”
The state’s spending on climate damages and adaptation was more than $2 billion in 2023, according to the New York Public Interest Research Group, an advocacy organization. The group estimated that sum will balloon to $10 billion annually in about 20 years. Ecological restoration and health care to treat illnesses or injuries caused by the effects of climate change are viable projects for the climate superfund.
“These extreme events are the result of climate change caused largely by the fossil fuel companies,” Dinowitz said. “When you make a mess, you've got to clean it up, and we're just asking them to pay for what amounts to a very small portion of the cost of it, because every year we're spending untold amounts of money, billions and billions and billions, to deal with all of the ramifications of climate change that they helped create.”
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Rosemary Misdary
Rosemary is health & science reporter. Got a tip? Email [email protected] or Signal 646-544-9524.
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