STATE OF NEW YORK
________________________________________________________________________
7539
2025-2026 Regular Sessions
IN ASSEMBLY
April 1, 2025
___________
Introduced by M. of A. PALMESANO -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing a climate action cost council; and to amend the environ-
mental conservation law, the public service law and the public author-
ities law, in relation to limiting the number of rules and regulations
that may be promulgated annually regarding certain climate goals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 75-0104 to read as follows:
3 § 75-0104. Climate action cost council.
4 1. There is hereby established a climate action cost council, which
5 shall consist of nine members to be appointed as follows:
6 a. one member appointed by the governor;
7 b. two members appointed by the temporary president of the senate;
8 c. two members appointed by the speaker of the assembly;
9 d. two members appointed by the minority leader of the senate; and
10 e. two members appointed by the minority leader of the assembly.
11 2. The members shall always include individuals with expertise in
12 issues relating to energy, environmental conservation, labor, public
13 health and regulated industries, including, but not limited to housing,
14 agriculture, construction, transportation and manufacturing.
15 3. Council members shall receive no compensation for their services
16 but shall be reimbursed for actual and necessary expenses incurred in
17 the performance of their duties.
18 4. Each member of the council shall be entitled to one vote. The coun-
19 cil's approval of regulatory action pursuant to this article shall
20 require a two-third vote of the council. No action shall be taken by the
21 council unless there is a quorum, which shall at all times be a majority
22 of the members of the council.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10088-02-5
A. 7539 2
1 5. Any vacancies on the council shall be filled in the manner provided
2 for in the initial appointment.
3 6. Prior to promulgation of any regulatory measure taken to ensure the
4 attainment of the statewide greenhouse gas emissions limits established
5 pursuant to section 75-0107 of this article taking effect, such measure
6 shall be approved by a two-thirds vote of the council.
7 7. Each state agency shall notify the council of any regulatory meas-
8 ure taken to ensure the attainment of the statewide greenhouse gas emis-
9 sions limits established pursuant to section 75-0107 of this article no
10 less than sixty days before the final adoption of a rule, regulation, or
11 code. The council shall vote on such regulatory measure as soon as prac-
12 ticable and no later than its next quarterly meeting after the council
13 has been notified. No regulatory measures pursuant to this article shall
14 take effect unless approved by the council.
15 8. When determining whether to vote to approve a regulatory measure,
16 council members shall consider:
17 a. the cost, including, but not limited to, the cost to ratepayers and
18 businesses across the state;
19 b. the impact to the electrical grid, including, but not limited to,
20 reliability and safety; and
21 c. the reduction in greenhouse gas emissions associated with the regu-
22 latory measure.
23 9. The council shall meet quarterly. Such meetings shall be open to
24 the public and subject to article seven of the public officers law. No
25 less than sixty days prior to a meeting of the council, the council
26 shall publish a list of draft regulations, rules, or codes to be consid-
27 ered by the council, and the council shall make meaningful public
28 comment available prior to the meeting.
29 10. The council shall submit an annual report to the governor and the
30 legislature beginning on January first, two thousand twenty-six, and
31 annually thereafter. The report shall include a summary of actions taken
32 by the council, the total costs imposed on ratepayers and businesses,
33 and the amount of reduction in greenhouse gas emissions. The report
34 shall be made publicly available on the department's, the New York state
35 energy research and development authority's, and the department of
36 public service's websites.
37 11. The council may request information related to attaining the cost
38 of regulatory measures on consumers and businesses from third parties
39 and state agencies.
40 12. A vote of the council may be overridden by a roll call vote of
41 two-thirds of each chamber of the legislature.
42 § 2. Subdivision 4 of section 75-0101 of the environmental conserva-
43 tion law, as added by chapter 106 of the laws of 2019, is amended to
44 read as follows:
45 4. "Council", except as used in section 75-0104 of this article or in
46 reference to the climate action cost council established thereunder,
47 means the New York state climate action council established pursuant to
48 section 75-0103 of this article.
49 § 3. Subdivision 1 of section 75-0109 of the environmental conserva-
50 tion law, as added by chapter 106 of the laws of 2019, is amended to
51 read as follows:
52 1. No later than four years after the effective date of this article,
53 the department, after public workshops and consultation with the coun-
54 cil, the environmental justice advisory group, and the climate justice
55 working group established pursuant to section 75-0111 of this article,
56 representatives of regulated entities, community organizations, environ-
A. 7539 3
1 mental groups, health professionals, labor unions, municipal corpo-
2 rations, trade associations and other stakeholders, shall, after no less
3 than two public hearings, promulgate no more than five rules and regu-
4 lations annually to ensure compliance with the statewide emissions
5 reduction limits and work with other state agencies and authorities to
6 promulgate regulations required by section eight of [the] chapter one
7 hundred six of the laws of two thousand nineteen [that added this arti-
8 cle].
9 § 4. Section 51 of the public service law, as added by chapter 713 of
10 the laws of 1981 and as renumbered by chapter 176 of the laws of 1986,
11 is amended to read as follows:
12 § 51. Rules and regulations. The commission shall adopt such addi-
13 tional rules and regulations as it deems necessary and proper to imple-
14 ment the provisions of this [act] article; provided however that,
15 notwithstanding any rule, regulation, or law to the contrary, the
16 commission shall not adopt rules and regulations related to compliance
17 with article seventy-five of the environmental conservation law without
18 prior approval of the climate action cost council as established in
19 section 75-0104 of the environmental conservation law except in times of
20 exigent circumstances where there is an immediate threat to public safe-
21 ty or the reliability of the grid.
22 § 5. Subdivision 4 of section 1855 of the public authorities law, as
23 amended by chapter 487 of the laws of 2009, is amended to read as
24 follows:
25 4. To make rules and regulations governing the exercise of its corpo-
26 rate powers and the fulfillment of its corporate purposes under this
27 title and title nine-A of this article, which shall be filed with the
28 department of state in the manner provided by section one hundred two of
29 the executive law; provided however that, notwithstanding any rule,
30 regulation, or law to the contrary, the authority shall not adopt rules
31 and regulations related to compliance with article seventy-five of the
32 environmental conservation law without prior approval of the climate
33 action cost council as established in section 75-0104 of the environ-
34 mental conservation law except in times of exigent circumstances where
35 there is an immediate threat to public safety or the reliability of the
36 grid.
37 § 6. Subdivision 15 of section 75-0103 of the environmental conserva-
38 tion law, as added by chapter 106 of the laws of 2019, is amended to
39 read as follows:
40 15. The council shall update its plan for achieving the statewide
41 greenhouse gas emissions limits at least once every [five years] year
42 and shall make such updates available to the governor, the speaker of
43 the assembly and the temporary president of the senate and post such
44 updates on its website. The council and the climate action cost council
45 as established under section 75-0104 of this article shall hold one
46 public meeting annually in a city of more than one million people, one
47 public meeting annually in Nassau county or Suffolk county, one public
48 meeting annually in Albany county, and one public meeting annually in
49 Erie county. Such meetings shall be for the purpose of informing the
50 public of the progress of achieving the statewide greenhouse gas emis-
51 sion limits as set forth under this article, and for informing the
52 public of the costs of rules and regulatory measures approved by the
53 climate action cost council established under section 75-0104 of this
54 article. Such meetings shall be subject to article seven of the public
55 officers law.
56 § 7. This act shall take effect immediately.
