Climate Change Regulatory Revisions

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Climate Change Regulatory Revisions 

Questions or submissions related to these regulations may be emailed to [email protected] or sent by mail to NYSDEC Office of Climate Change, 625 Broadway, Albany, NY 12233-1030. Include the Part number (such as “Part 490”) in the subject line of the email.

For updates on regulations and related programs from the Office of Climate Change, please sign up for the Distribution List and specify which regulation, variance application, or related program you are interested in following.

Proposed Rulemakings

Part 492, Climate Smart Community Projects

In 2018 DEC adopted 6 NYCRR Part 492 (“Part 492”), which governs the procedures applicable to Climate Smart Community Projects, including the Zero-Emission Vehicle (ZEV) Rebate Program, ZEV Infrastructure Grant Program, and Climate Smart Communities Grant Program. 

On September 16, 2025, DEC filed a Notice of Proposed Rulemaking with the New York State Department of State to propose amendments to Part 492. The amendments would repeal the current rule and add a new Part 492 that is restructured to simplify and clarify the three separate programs. The proposed changes to Part 492 also ensure consistency of the regulation with the statutory requirements, provide additional flexibility and eligibility for the administration of the program, and make other procedural improvements. 

Notice of Public Comment Period

This rulemaking was published in the State Register on October 1, 2025. The public comment period on the rulemaking concludes on December 9, 2025, at 5:00 p.m. EST.

Written statements must be submitted to and postmarked by December 9, 2025:

NYSDEC Office of Climate Change, 625 Broadway, Albany, NY 12233-1030
ATTN: Myra Fedyniak

Email: [email protected]. Please include “Comments on Part 492” in the subject line of the email. Written statements must be submitted to the NYSDEC by 5:00 p.m. on December 9, 2025.

A virtual public comment hearing for the proposed rule will be held on December 2, 2025, via WebEx electronic webinar as follows and accordingly is reasonably accessible to persons with impaired mobility:

Date: December 2, 2025
Time: 2:00 p.m. EST

Registration Link: 
https://meetny-gov.webex.com/weblink/register/rdf482dd2cc02ebf8e6a9ab9d8368aad0

Meeting Number: 2821 549 6199
Meeting Password: 93526631

Join by phone: Call 518-549-0500. Enter access code 2821 549 6199 and password 93526631.

Persons wishing to comment on the proposed rulemaking at the virtual hearing on December 2 must register to speak no later than 4:00 p.m. on December 1. The Administrative Law Judge (ALJ) may limit the amount of time each speaker has to comment to ensure that all individuals have an opportunity to be heard. Any person may listen to the hearing by phone without pre-registration.

All participants will be muted upon entry into the hearing. The ALJ will call each person who has registered to speak in the order in which they registered. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. We recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided below. Equal weight will be given to oral and written comments.  The hearing will be recorded for inclusion in the record.

Language interpretation services shall be made available to persons with limited English proficiency, including American Sign Language, at no cost. Requests must be received 10 calendar days before the meeting, but NYSDEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYSDEC Division of Communication, Education, and Engagement by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), e-mail ([email protected]), or phone (518) 402-8028.

Available Documents

Copies of the documents for the proposed rulemaking described above, along with the Express Terms (text of proposed rule), can be accessed below, or by contacting the NYSDEC Office of Climate Change by mail, (address: NYSDEC Office of Climate Change, 625 Broadway, Albany, NY 12233-1030), email ([email protected]), or phone, at (518) 402-8448. 

Proposed Part 492 Regulation (PDF) 

Part 492 Regulatory Impact Statement (PDF)

Part 492 Supplemental Documents (PDF)

Adopted Regulations

Part 490 Projected Sea-Level Rise

On September 22, 2014, the Community Risk and Resiliency Act was signed into law -- Chapter 355 of the Laws of 2014 (CRRA). CRRA is intended to ensure that decisions regarding certain State permits and expenditures consider climate risk, including sea-level rise. Among other things, CRRA requires the Department of Environmental Conservation (Department) to adopt regulations establishing science-based State sea-level rise projections. Therefore, the Department proposed a new 6 NYCRR Part 490, Projected Sea-Level Rise (Part 490). Part 490 establishes projections of sea-level rise in three specified geographic regions over various time intervals, but does not impose any requirements on any entity. An amended Part 490 was adopted in September 2024 with no revisions to the draft released for public comment in January 2024.

Part 490 Regulation (PDF) – Express Terms

Part 490 Revised Regulation (PDF) – Changes to Part 490 Express Terms

Part 490 Regulatory Impact Statement (PDF) – Revised September 2024

Part 490 Assessment of Public Comments (PDF)

Part 490 Supplemental Documents (PDF)

Part 492, Climate Smart Community Projects

Part 492 Regulation (PDF)

On February 18, 2018, DEC adopted 6 NYCRR Part 492, Climate Smart Community Projects, describing "clean vehicle projects" and "climate adaptation and mitigation projects," authorized by Environmental Conservation Law. "Clean vehicle projects" include rebates available to municipalities for the purchase or lease of eligible vehicles (up to $5,000 per vehicle), and eligible infrastructure projects which support the public charging and/or fueling of eligible vehicles (up to $250,000 per facility). "Climate adaptation and mitigation projects" include competitive state assistance payments available to municipalities for climate adaptation and mitigation projects (up to $2,000,000) including, but not limited to, natural resiliency measures, nature-based mitigation projects, relocation or retrofit of existing facilities due to flooding or sea level rise, greenhouse gas emissions reduction outside the power sector, and climate change adaptation planning and supporting studies. Authorizing legislation in Title 15 of the Environmental Protection Fund requires the Department to promulgate rules and regulations to implement this title.

 See Proposed Rulemaking section above for proposed updates to Part 492.

Part 494, Hydrofluorocarbon Standards and Reporting

DEC has amended 6 NYCRR Part 494, Hydrofluorocarbon Standards and Reporting, which establishes prohibitions on certain substances in certain products and systems based on their Global Warming Potential, a phasedown in the sale of virgin HFC substances, a Refrigerant Management Program with controls on the leakage of HFCs in existing equipment, a Supermarket Refrigerant Program to phasedown HFC emissions from the largest sources, and certain labeling, reporting, and record-keeping requirements for suppliers of HFCs and HFC-containing products.

DEC has also issued the following Enforcement Discretion letters regarding the Part 494 regulation.

Please visit the Part 494/495 Requirements webpage for more information and instructions for applying for a variance or submitting registration, reports, or other documents.

Additional Information

Frequently Asked Questions (PDF) – Revised May 2025

Part 494 Fact Sheet (PDF) – Revised May 2025

Regulatory Documents

Part 494 Regulation (PDF) – Express Terms

Part 494 Revised Express Terms (PDF) –2024 changes compared to original 2020 Part 494 Express Terms

Part 494 Regulatory Impact Statement (PDF) – Revised December 2024

Part 494 Assessment of Public Comments (PDF)

Part 494 Supplemental Documents (PDF) - Summary of the APC, RIS, and Express Terms

Part 495, Sulfur Hexafluoride Standards and Reporting

The Department has adopted 6 NYCRR Part 495, “Sulfur Hexafluoride Standards and Reporting.” This regulation establishes a phasedown of the use of SF6 in gas insulated equipment used by the electricity sector, an emissions limit for gas insulated equipment owners, limitations on the use of SF6, and reporting requirements for certain users and suppliers of SF6 and other fluorinated greenhouse gases or products that contain them. 

Please visit the Part 494/495 Requirements webpage for more information.

Part 495 Regulation (PDF) – Express Terms

Part 495 Regulatory Impact Statement (PDF) – Revised December 2024

Part 495 Assessment of Public Comments (PDF)

Part 495 Supplemental Documents (PDF) – Summary of the APC, RIS, and Express Terms

Part 496 Statewide Greenhouse Gas Emission Limits

Part 496, Statewide Greenhouse Gas Emission Limits Adopted Regulation (PDF)

DEC has adopted 6 NYCRR Part 496, Statewide Greenhouse Gas Emission Limits. This rule adopts limits on the emission of greenhouse gases in 2030 and 2050, as a percentage of 1990 emissions, per the requirements of the Climate Leadership and Community Protection Act. It applies to all emission sources in the State, but the rule does not itself impose compliance obligations.

Important Links

Community Risk And Resiliency Act (CRRA)
Contact for this Page

Office of Climate Change
625 Broadway
Albany, NY 12233-1030

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