New York State Proposes Reporting Guidance for Major Polluters

ALBANY, N.Y. — Today, the New York State Department of Environmental Conservation proposed rules for its Mandatory Greenhouse Gas Reporting Program. This policy would require major polluters to report their emissions to the state. The data collected through this reporting will be used to help implement New York’s climate law, including the state’s forthcoming cap-and-invest program. 

“The reporting rule will provide critical emissions data to implement New York’s climate law, and we are encouraged to see it move forward. To drive down pollution and invest in an affordable and healthy future for New Yorkers, Governor Hochul must also release the cap-and-invest program rules,” said Kate Courtin, Senior Manager, State Climate Policy & Strategy. “While the Trump administration dismantles science-backed pollution protections, Governor Hochul can immediately curb health-harming pollution and deliver clean, affordable energy for all New Yorkers by moving forward with cap-and-invest. 

“Until earlier this year, the Hochul administration planned to advance the reporting rule alongside the cap-and-invest program and auction rules. These rulemakings can and should be moving forward simultaneously so that a robust cap-and-invest program can deliver cleaner air and investments into communities as soon as possible.” 

Background 

• The reporting rule — 6 NYCRR Part 253 — will require certain sources of climate pollution to report their annual greenhouse gas emissions. The data collected will underpin the Department of Environmental Conservation’s efforts to implement New York’s climate law, informing major climate policies like the state’s forthcoming cap-and-invest program. 
• This data will be critical for New York’s cap-and-invest program, but the reporting rule itself does not establish a cap-and-invest program. To drive down climate pollution, deliver cleaner air, affordable energy, and investments in communities, the cap-and-invest program must move forward without further delay. 
• Two New York agencies — the Department of Environmental Conservation and New York State Energy Research and Development Authority — have been working to develop regulations to establish a cap-and-invest program as a centerpiece of implementing New York’s climate law since early 2023. After extensive public comment and stakeholder engagement, the rules were anticipated earlier this year. However, the Governor’s State of the State indicated that the rules would be further delayed, with the timeline now uncertain.  
• State agencies and independent analysts have all found that the benefits of cap-and-invest could be transformative for New Yorkers. For example, the program could: 
  • Direct at least $3 billion in annual investments in communities including at least $1 billion in direct rebates or utility bill credits to support affordability 
  • Cut health-harming air pollution, avoiding 1,500 premature deaths and 1,800 asthma-related emergency room visits every year by 2035 
  • Put 100,000 zero emissions trucks on the road by 2035, reducing on-road diesel use by more than 40%. 
  • Upgrade nearly half of New York homes to clean efficient heat pumps by 2035, delivering $1,022 in annual energy savings to the median household 
  • Help create over 28,000 jobs by 2030, representing the continued growth of New York’s clean energy workforce, which already employs 178,000 New Yorkers.