New York State Department of Environmental Conservation (DEC) Interim Commissioner Sean Mahar today announced the finalization of a new DEC policy, Division of Environmental Permits Policy "Permitting and Disadvantaged Communities (DEP-24-1), to implement environmental justice provisions of the historic Climate Leadership and Community Protection Act (Climate Act). The policy, previously released as draft DEP-23-1, provides guidance in DEC's permitting processes for considering impacts and existing burdens on New York's most vulnerable communities.
“New York continues to lead the nation on environmental justice by implementing key Climate Act policies to directly address and prevent pollution burdens on disadvantaged communities that have borne the brunt of harmful climate impacts, including air pollution and greenhouse gas emissions,” Interim Commissioner Mahar said. “Under the leadership of Governor Hochul, New York State continues to advance critical climate justice policies that help create a cleaner, greener, and more equitable state for all New Yorkers and support communities historically impacted by environmental pollution and climate change.”
The new policy provides guidance for implementation of Section 7(3) of the Climate Act, which requires all state agencies, offices, authorities, and divisions to avert disproportionate burdens on disadvantaged communities and prioritize reductions of greenhouse gas emissions and co-pollutants in disadvantaged communities when issuing permits, licenses, and other administrative approvals and decisions. DEP-24-1 describes the analyses required by DEC staff pursuant to the requirements of Section 7(3) and the procedures DEC staff will follow when reviewing those analyses to ensure compliance with Climate Act requirements.
In March 2023, New York's Climate Justice Working Group (CJWG)—which includes representatives from environmental justice groups from across the state and representatives of several State agencies—finalized criteria to identify disadvantaged communities. A list of disadvantaged communities, along with maps, is available on the Climate Act website. The criteria and methods for identifying disadvantaged communities will be reviewed annually by the CJWG to ensure the State is accurately targeting emissions reductions and investments.
DEP-24-1 is among the most recent administrative steps underway to implement the Climate Act, including finalization of Commissioner's Policy 49 (CP-49), "Climate Change and DEC Action," and Division of Air Resources Policy 21 (DAR-21), "CLCPA and Air Permit Applications.” Additional steps to implement the Climate Act include adopting limits on the statewide emissions of greenhouse gases of 40 percent by 2030 and 85 percent by 2050, completing the Value of Carbon guidance and updates, and issuing the annual greenhouse gas inventory, among other measures.
To further ensure equitable treatment in state permitting actions, Governor Kathy Hochul signed landmark environmental justice legislation to ensure existing burdens in disadvantaged communities are considered in New York State's environmental decision-making beyond the Climate Act's requirements. DEC is developing updated regulations and guidance to implement the law.
New York State's Nation-Leading Climate Plan
New York State's climate agenda calls for an orderly and just transition that creates family-sustaining jobs, continues to foster a green economy across all sectors and ensures that at least 35 percent, with a goal of 40 percent, of the benefits of clean energy investments are directed to disadvantaged communities. Guided by some of the nation’s most aggressive climate and clean energy initiatives, New York is advancing a suite of efforts – including the New York Cap-and-Invest program (NYCI) and other complementary policies – to reduce greenhouse gas emissions 40 percent by 2030 and 85 percent by 2050 from 1990 levels. New York is also on a path to achieving a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030, and economy-wide carbon neutrality by mid-century. A cornerstone of this transition is New York's unprecedented clean energy investments, including more than $28 billion in 61 large-scale renewable and transmission projects across the State, $6.8 billion to reduce building emissions, $3.3 billion to scale up solar, nearly $3 billion for clean transportation initiatives and 130 certified Climate Smart Communities, nearly 500 Clean Energy Communities, and the State’s largest community air monitoring initiative in 10 disadvantaged communities across the State to help target air pollution and combat climate change.
