ESFPA E-News

DEC Issues 2022 Statewide Greenhouse Gas Emissions Report

Implements Climate Leadership and Community Protection Act

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos has announced the release of the 2022 Statewide Greenhouse Gas Report. The report details statewide greenhouse gas (GHG) emissions for 1990 - 2020, expressed in tons of carbon dioxide equivalents from all greenhouse gas emissions sources in the state. The release of this report prior to the end of the year supports the State's comprehensive and ongoing work to meet the requirements of the Climate Leadership and Community Protection Act (Climate Act).

"As last week's historic finalization of the Scoping Plan demonstrates, New York continues to make progress implementing the Climate Act to reach our critical emissions reduction milestones," DEC Commissioner and Climate Action Council Co-Chair Seggos said. "This report offers valuable information and insights on the changes in emissions attributable to impacts from the start of the COVID-19 pandemic, among other indicators of emissions sources."

The Climate Act requires the State to achieve a carbon-free electricity system by 2040 and reduce GHG emissions 40 percent below 1990 levels by 2030 and 85 percent by 2050, setting a new standard for states and the nation to expedite the transition to a clean energy economy. The law drives investment in clean energy solutions such as wind, solar, energy efficiency, and energy storage and ensures that at least 40 percent of the clean energy investments benefit disadvantaged and low- to moderate-income communities. On Monday, Dec. 19, the State Climate Action Council adopted the New York State Climate Action Council Scoping Plan, which outlines recommended policies and actions to help meet the goals and requirements of the Climate Act.

The comprehensive report released today utilizes best available science and data to describe GHG statewide emissions, including those from electricity, industry, and agriculture. The Statewide GHG Report is unique in the U.S. for using the 20-year Global Warming Potential and including emissions associated with the generation of imported electricity and with the extraction and transmission of fossil fuels imported into the state. It also describes the contributions of the state's forests and natural lands to collect and store carbon and to help the state reach its goal of net-zero emission by 2050.

The 2022 report also describes the significant effect that the COVID-19 pandemic had on GHGs, particularly a 20 percent drop in transportation emissions. The report notes that 2020 is likely not a representative year in terms of overall emission trends, due to the impact of the pandemic. DEC will provide updated information through 2021 in the 2023 report next year. The annual emission totals provided will aid in tracking New York's progress toward its 2030 and 2050 emissions limits established in the Climate Act, as codified in the Part 496 regulation DEC adopted in 2020.

The publication is available on DEC's climate website.

New York State's Nation-Leading Climate Plan
New York State's nation-leading climate agenda is the most aggressive climate and clean energy initiative in the nation, calling for an orderly and just transition to clean energy that creates jobs and continues fostering a green economy as New York State recovers from the COVID-19 pandemic. Enshrined into law through the Climate Leadership and Community Protection Act, New York is on a path to achieve its mandated goal of a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030, and to reach economy wide carbon neutrality. It builds on New York's unprecedented investments to ramp-up clean energy including over $35 billion in 120 large-scale renewable and transmission projects across the state, $6.8 billion to reduce buildings emissions, $1.8 billion to scale up solar, more than $1 billion for clean transportation initiatives, and over $1.6 billion in NY Green Bank commitments.

Combined, these investments are supporting more than 165,000 jobs in New York's clean energy sector in 2021, a 2,100 percent growth in the distributed solar sector since 2011 and a commitment to develop 9,000 megawatts of offshore wind by 2035. Under the Climate Act, New York will build on this progress and reduce greenhouse gas emissions by 85 percent from 1990 levels by 2050, while ensuring that at least 35 percent with a goal of 40 percent of the benefits of clean energy investments are directed to disadvantaged communities, and advance progress towards the state's 2025 energy efficiency target of reducing on-site energy consumption by 185 trillion BTUs of end-use energy savings.

All New Cars and Trucks Sold in New York will be Zero-Emission by 2035

by Melissa Manno

All new passenger cars and trucks sold in New York will be zero-emission vehicles by 2035, the state Department of Environmental Conservation said.

New York is the latest state to adopt the Advanced Clean Car II regulations, a move legislators say will reduce greenhouse gas emissions and provide significant air quality and health benefits statewide, especially in low-income communities burdened by transportation-related pollution.

The state will invest more than $1 billion in zero-emission vehicles of all weight classes over the next five years to meet the goal of 100 percent of vehicle sales being all-electric by 2035. The plan is to increase the percentage of light-duty vehicle sales to be zero-emission each year, starting with 35 percent in 2026.

In addition to reducing ozone and related health concerns for disadvantaged communities near transit routes with heavy traffic, the plan intends to promote sustainability and renewable energy.

The regulations include revised pollutant standards for passenger cars, light-duty trucks and medium-duty vehicles with internal combustion engines made between 2026 through 2034, a timeline meant to offer flexibility for manufacturers.

Adoption of Advanced Clean Cars II, which has been in the works since the enactment of the Climate Plan in 2019, will support the state in achieving its goal of reducing greenhouse gas emissions by 85 percent by 2050 from 1990 levels as required by the Climate Act.

The regulatory action comes just a year after the state adopted the Advanced Clean Trucks regulation, which will boost the number of medium- and heavy-duty zero-emission models available for purchase. 

The state also adopted California’s Heavy-Duty Low Nitrogen Oxide Omnibus and Phase 2 Greenhouse Gas standards, requiring medium- and heavy-duty engine manufacturers to sell cleaner vehicles, such as heavy-duty trucks, that meet new greenhouse gas emissions standards.  

Climate Action Council Co-Chair Doreen Harris says putting more clean vehicles also provides consumers with more choices in the type of vehicle they drive. “As we advance vehicle electrification, we are also raising the bar for energy efficient appliances with new standards that call for products to feature the latest technologies and energy saving features,” Harris, NYSERDA president and CEO, said in a statement.

In an effort to expand electric vehicle use, the state will launch initiatives including zero-emission vehicle purchase rebates through NYSERDA. 

The state will also adopt the Advanced Building Codes, Appliance and Equipment Efficiency Standards Act of 2022 beginning Jan. 1, to set minimum energy and water efficiency requirements for residential and commercial products. The plan will phase out inefficient and wasteful products to save more than 25 billion gallons in annual water by 2035, according to state officials.

How Much Money has New York Made from the Paper Bag Fee?

The state had taken in more than $8 million since plastic bag ban enforcement began

by Steve Hughes

In the two years the state began enforcing its ban on plastic bags it has brought in more than $8 million from an optional 5 cent per paper bag fee that a few local governments added to residents’ grocery bills.

On March 1, 2020, the state banned plastic bags, with some exceptions. The ban took effect in October 2020 after being delayed by a lawsuit. Part of the legislation allowed cities, towns and counties to charge an additional 5 cents for each paper bag used at grocery stores.

Under the law, the state keeps 60 cents of every $1 collected from the paper bag fee and the local government gets 40 percent. The money is restricted in its use. The state’s share is put into the Environmental Protection Fund while local governments can only use the money to buy reusable bags to give out to residents.

In additions to the five counties in New York City, Albany County is just one of three in the state that imposed the 5-cent fee. Troy, New Rochelle and White Plains in Westchester County, also imposed the fee.

According to the state Department of Taxation and Finance, the state saw nearly $3.1 million in revenue from the fee in the first year. Nearly all of it was from New York City and Suffolk County.

That number increased to more than $5 million in 2022, through the end of October, according to the most recent state data available.

Locally, Troy took in $17,173 the first two years and Albany County received more than $129,000, according to state data.

Andrea Smyth, Troy's deputy public information officer, said the city used that money to provide reusable bags to more than 40 nonprofits and food pantries.  Bags have also been given out to residents at City Hall, community events and through youth programming.

For grocery stores, the policy change has been smooth.

Caitlin Cortelyou, external communications manager for Hannaford Supermarkets, said shoppers in the county have largely adapted to the new policy. Cortelyou noted Hannaford was the first retailer in the nation to introduce reusable bags to its customers.

“While paper bags remain available in our Albany County stores, we encourage all customers to use reusable bags when shopping in our stores,” she said. “As a courtesy for customers, our stores have signage at the entrances reminding shoppers to bring their reusable bags inside.”

Albany County spokeswoman Mary Rozak, who handles the ordering and distribution of the reusable bags for the county, purchased insulated bags to help keep groceries cold. The county has sponsored contests at local elementary schools for students to design the bags' covers and gives them away at multiple locations throughout the county.

“These things go like hot cakes,” Rozak said.

Shoppers who have yet to amass a collection of their own reusable bags may want to stock up.

Walmart, one the nation’s largest retailers, said Wednesday that beginning Jan. 18, it would end its use of paper bags at checkout and pickup locations in its New York stores.

Administration Issues New “Waters of the United States” (WOTUS) Rule

On December 30, the Environmental Protection Agency (EPA) announced a final rule to establish a definition of “waters of the United States” (WOTUS) that will attempt to settle the regulatory back-and-forth over Clean Water Act (CWA) jurisdiction that has prevailed during the course of the past three Administrations.

The final rule, which will define the scope of federal water permits, restores key requirements that were in place prior to the “navigable waters rule” issued in 2015.  Ag groups, including the Farm Bureau, are criticizing the new rule, claiming it will expand regulators’ reach over private property.  Congressional leaders are also weighing in, with industry ally Rep. GT Thompson (R-PA) characterizing the rule as a “land grab.” ESFPA will keep you posted on legislative and legal remedies that will emerge to mitigate the impacts of the new rule.