Proposed Rulemakings
The following regulatory proposals are available for public comment. Comments or questions may be sent by mail to NYSDEC Office of Climate Change, 625 Broadway, Albany, NY 12233-1030 or emailed to [email protected]. Include the Part number (such as “Comments on Part 490”) in the subject line of the email.
Please visit the NYSDEC public calendar for information on public comment hearings, including hearing log-in information and links.
Amendments to Part 490, Projected Sea Level Rise
The Department is proposing amendments to 6 NYCRR Part 490, “Projected Sea Level Rise” (“Part 490”). The goal of the proposed amendments is to provide up-to-date science-based projections of future sea level rise. Part 490 does not create a mandate on local governments. Part 490 does not impose any compliance obligations on any entity.
The comment period for the proposed Part 490 revisions closed on April 29, 2024. A public comment hearing was held on April 22, 2024.
Text of the Proposed Regulation (PDF)
Revised Express Terms (PDF) Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
Regulatory Impact Statement (PDF)
Supporting Documents (PDF) Regulatory Impact Statement Summary, Regulatory flexibility Analysis for Small Businesses
Amendments to Part 494, Hydrofluorocarbon Standards and Reporting
The Department is proposing amendments to 6 NYCRR Part 494, “Hydrofluorocarbon Standards and Reporting.” The proposed regulation includes prohibitions, reporting, and other requirements regarding the sale, use, and supply of HFCs and new products and systems that contain HFCs. The goal of this proposed rule is to implement recommendations of the Climate Action Council Scoping Plan necessary to achieve the required statewide GHG emission limits and net zero goal outlined in the Climate Act.
The comment period closed on March 19, 2024. Two public comment hearings were held on March 13, 2024.
Text of the Proposed Regulation.
Revised Express Terms Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
Supporting Documents Express Terms Summary, Regulatory Impact Statement Summary, Regulatory flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, and Job Impact Statement.
Please see the fact sheet on the draft regulations to reduce hydrofluorocarbons (HFCs).
Proposed Part 495, Sulfur Hexafluoride Standards and Reporting
The Department is proposing a new regulation, 6 NYCRR Part 495, “Sulfur Hexafluoride Standards and Reporting.” The proposed regulation includes a program to phasedown 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. The goal of this proposed rule is to implement recommendations of the Climate Action Council Scoping Plan necessary to achieve the required statewide GHG emission limits and net zero goal.
The comment period closed on March 21, 2024. Two public comment hearings were held on March 14, 2024.
Text of the Proposed Regulation.
Supporting Documents Express Terms Summary, Regulatory Impact Statement Summary, Regulatory flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, and Job Impact Statement.
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.
Part 492, Climate Smart Community Projects
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 adopted 6 NYCRR Part 494, Hydrofluorocarbon Standards and Reporting, which establishes prohibitions on certain hydrofluorocarbon (HFC) substances in certain end-uses as previously included in the US Environmental Protection Agency, Significant New Alternatives Policy (SNAP) program. These prohibitions go into effect statewide starting in 2021 and include the sale, installation, and commercial use of certain refrigerants in new or retrofitted food refrigeration equipment, large air-conditioning equipment (or chillers), and vending machines as well as prohibitions on substances used in foams and as aerosol propellants in new consumer products. The proposal also includes administrative and record-keeping requirements for manufacturers of the affected products. DEC held informational webinars and issued two Requests for Feedback on amendments to Part 494 in 2022 and 2023, these are available below.
Enforcement Discretion Part 494 April 2021
2023 Local Government Webinar Slides
2023 Stakeholder Outreach Documents
Part 496, Statewide Greenhouse Gas Emission Limits
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.
