Climate Change Regulatory Revisions

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 from the Office of Climate Change, please sign up for the Distribution List and specify which regulation(s) you are interested in following.

Proposed Rulemakings

There are no proposed regulations at this time.

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 (PDF)

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.

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.

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

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 (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.