S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7539
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 75-0104 to read as follows:
 § 75-0104. CLIMATE ACTION COST COUNCIL.
   1. THERE IS HEREBY ESTABLISHED A CLIMATE ACTION  COST  COUNCIL,  WHICH
 SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED AS FOLLOWS:
   A. ONE MEMBER APPOINTED BY THE GOVERNOR;
   B. TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
   C. TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   D. TWO MEMBERS APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND
   E. TWO MEMBERS APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
   2.  THE  MEMBERS  SHALL  ALWAYS  INCLUDE INDIVIDUALS WITH EXPERTISE IN
 ISSUES RELATING TO ENERGY,  ENVIRONMENTAL  CONSERVATION,  LABOR,  PUBLIC
 HEALTH  AND REGULATED INDUSTRIES, INCLUDING, BUT NOT LIMITED TO HOUSING,
 AGRICULTURE, CONSTRUCTION, TRANSPORTATION AND MANUFACTURING.
   3. COUNCIL MEMBERS SHALL RECEIVE NO COMPENSATION  FOR  THEIR  SERVICES
 BUT  SHALL  BE  REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN
 THE PERFORMANCE OF THEIR DUTIES.
   4. EACH MEMBER OF THE COUNCIL SHALL BE ENTITLED TO ONE VOTE. THE COUN-
 CIL'S APPROVAL OF REGULATORY  ACTION  PURSUANT  TO  THIS  ARTICLE  SHALL
 REQUIRE A TWO-THIRD VOTE OF THE COUNCIL. NO ACTION SHALL BE TAKEN BY THE
 COUNCIL UNLESS THERE IS A QUORUM, WHICH SHALL AT ALL TIMES BE A MAJORITY
 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
 
   5. ANY VACANCIES ON THE COUNCIL SHALL BE FILLED IN THE MANNER PROVIDED
 FOR IN THE INITIAL APPOINTMENT.
   6. PRIOR TO PROMULGATION OF ANY REGULATORY MEASURE TAKEN TO ENSURE THE
 ATTAINMENT  OF THE STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS ESTABLISHED
 PURSUANT TO SECTION 75-0107 OF THIS ARTICLE TAKING EFFECT, SUCH  MEASURE
 SHALL BE APPROVED BY A TWO-THIRDS VOTE OF THE COUNCIL.
   7.  EACH STATE AGENCY SHALL NOTIFY THE COUNCIL OF ANY REGULATORY MEAS-
 URE TAKEN TO ENSURE THE ATTAINMENT OF THE STATEWIDE GREENHOUSE GAS EMIS-
 SIONS LIMITS ESTABLISHED PURSUANT TO SECTION 75-0107 OF THIS ARTICLE  NO
 LESS THAN SIXTY DAYS BEFORE THE FINAL ADOPTION OF A RULE, REGULATION, OR
 CODE. THE COUNCIL SHALL VOTE ON SUCH REGULATORY MEASURE AS SOON AS PRAC-
 TICABLE  AND  NO LATER THAN ITS NEXT QUARTERLY MEETING AFTER THE COUNCIL
 HAS BEEN NOTIFIED. NO REGULATORY MEASURES PURSUANT TO THIS ARTICLE SHALL
 TAKE EFFECT UNLESS APPROVED BY THE COUNCIL.
   8. WHEN DETERMINING WHETHER TO VOTE TO APPROVE A  REGULATORY  MEASURE,
 COUNCIL MEMBERS SHALL CONSIDER:
   A. THE COST, INCLUDING, BUT NOT LIMITED TO, THE COST TO RATEPAYERS AND
 BUSINESSES ACROSS THE STATE;
   B.  THE  IMPACT TO THE ELECTRICAL GRID, INCLUDING, BUT NOT LIMITED TO,
 RELIABILITY AND SAFETY; AND
   C. THE REDUCTION IN GREENHOUSE GAS EMISSIONS ASSOCIATED WITH THE REGU-
 LATORY MEASURE.
   9. THE COUNCIL SHALL MEET QUARTERLY. SUCH MEETINGS SHALL  BE  OPEN  TO
 THE  PUBLIC  AND SUBJECT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. NO
 LESS THAN SIXTY DAYS PRIOR TO A MEETING  OF  THE  COUNCIL,  THE  COUNCIL
 SHALL PUBLISH A LIST OF DRAFT REGULATIONS, RULES, OR CODES TO BE CONSID-
 ERED  BY  THE  COUNCIL,  AND  THE  COUNCIL  SHALL MAKE MEANINGFUL PUBLIC
 COMMENT AVAILABLE PRIOR TO THE MEETING.
   10. THE COUNCIL SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND  THE
 LEGISLATURE  BEGINNING  ON  JANUARY  FIRST, TWO THOUSAND TWENTY-SIX, AND
 ANNUALLY THEREAFTER. THE REPORT SHALL INCLUDE A SUMMARY OF ACTIONS TAKEN
 BY THE COUNCIL, THE TOTAL COSTS IMPOSED ON  RATEPAYERS  AND  BUSINESSES,
 AND  THE  AMOUNT  OF  REDUCTION  IN GREENHOUSE GAS EMISSIONS. THE REPORT
 SHALL BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S, THE NEW YORK STATE
 ENERGY RESEARCH AND  DEVELOPMENT  AUTHORITY'S,  AND  THE  DEPARTMENT  OF
 PUBLIC SERVICE'S WEBSITES.
   11.  THE COUNCIL MAY REQUEST INFORMATION RELATED TO ATTAINING THE COST
 OF REGULATORY MEASURES ON CONSUMERS AND BUSINESSES  FROM  THIRD  PARTIES
 AND STATE AGENCIES.
   12.  A  VOTE  OF  THE COUNCIL MAY BE OVERRIDDEN BY A ROLL CALL VOTE OF
 TWO-THIRDS OF EACH CHAMBER OF THE LEGISLATURE.
   § 2. Subdivision 4 of section 75-0101 of the  environmental  conserva-
 tion  law,  as  added  by chapter 106 of the laws of 2019, is amended to
 read as follows:
   4. "Council", EXCEPT AS USED IN SECTION 75-0104 OF THIS ARTICLE OR  IN
 REFERENCE  TO  THE  CLIMATE  ACTION COST COUNCIL ESTABLISHED THEREUNDER,
 means the New York state climate action council established pursuant  to
 section 75-0103 of this article.
   §  3.  Subdivision 1 of section 75-0109 of the environmental conserva-
 tion law, as added by chapter 106 of the laws of  2019,  is  amended  to
 read as follows:
   1.  No later than four years after the effective date of this article,
 the department, after public workshops and consultation with  the  coun-
 cil,  the  environmental justice advisory group, and the climate justice
 working group established pursuant to section 75-0111 of  this  article,
 representatives of regulated entities, community organizations, environ-
 A. 7539                             3
 
 mental  groups,  health  professionals,  labor  unions, municipal corpo-
 rations, trade associations and other stakeholders, shall, after no less
 than two public hearings, promulgate NO MORE THAN FIVE rules  and  regu-
 lations  ANNUALLY  to  ensure  compliance  with  the statewide emissions
 reduction limits and work with other state agencies and  authorities  to
 promulgate  regulations  required  by section eight of [the] chapter ONE
 HUNDRED SIX of the laws of two thousand nineteen [that added this  arti-
 cle].
   §  4. Section 51 of the public service law, as added by chapter 713 of
 the laws of 1981 and as renumbered by chapter 176 of the laws  of  1986,
 is amended to read as follows:
   § 51. Rules  and  regulations.  The  commission shall adopt such addi-
 tional rules and regulations as it deems necessary and proper to  imple-
 ment  the  provisions  of  this  [act]  ARTICLE;  PROVIDED HOWEVER THAT,
 NOTWITHSTANDING ANY RULE,  REGULATION,  OR  LAW  TO  THE  CONTRARY,  THE
 COMMISSION  SHALL  NOT ADOPT RULES AND REGULATIONS RELATED TO COMPLIANCE
 WITH ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW  WITHOUT
 PRIOR  APPROVAL  OF  THE  CLIMATE  ACTION COST COUNCIL AS ESTABLISHED IN
 SECTION 75-0104 OF THE ENVIRONMENTAL CONSERVATION LAW EXCEPT IN TIMES OF
 EXIGENT CIRCUMSTANCES WHERE THERE IS AN IMMEDIATE THREAT TO PUBLIC SAFE-
 TY OR THE RELIABILITY OF THE GRID.
   § 5. Subdivision 4 of section 1855 of the public authorities  law,  as
 amended  by  chapter  487  of  the  laws  of 2009, is amended to read as
 follows:
   4. To make rules and regulations governing the exercise of its  corpo-
 rate  powers  and  the  fulfillment of its corporate purposes under this
 title and title nine-A of this article, which shall be  filed  with  the
 department of state in the manner provided by section one hundred two of
 the  executive  law;  PROVIDED  HOWEVER  THAT, NOTWITHSTANDING ANY RULE,
 REGULATION, OR LAW TO THE CONTRARY, THE AUTHORITY SHALL NOT ADOPT  RULES
 AND  REGULATIONS  RELATED TO COMPLIANCE WITH ARTICLE SEVENTY-FIVE OF THE
 ENVIRONMENTAL CONSERVATION LAW WITHOUT PRIOR  APPROVAL  OF  THE  CLIMATE
 ACTION  COST  COUNCIL  AS ESTABLISHED IN SECTION 75-0104 OF THE ENVIRON-
 MENTAL CONSERVATION LAW EXCEPT IN TIMES OF EXIGENT  CIRCUMSTANCES  WHERE
 THERE  IS AN IMMEDIATE THREAT TO PUBLIC SAFETY OR THE RELIABILITY OF THE
 GRID.
   § 6. Subdivision 15 of section 75-0103 of the environmental  conserva-
 tion  law,  as  added  by chapter 106 of the laws of 2019, is amended to
 read as follows:
   15. The council shall update its  plan  for  achieving  the  statewide
 greenhouse  gas  emissions  limits at least once every [five years] YEAR
 and shall make such updates available to the governor,  the  speaker  of
 the  assembly  and  the  temporary president of the senate and post such
 updates on its website. THE COUNCIL AND THE CLIMATE ACTION COST  COUNCIL
 AS  ESTABLISHED  UNDER  SECTION  75-0104  OF THIS ARTICLE SHALL HOLD ONE
 PUBLIC MEETING ANNUALLY IN A CITY OF MORE THAN ONE MILLION  PEOPLE,  ONE
 PUBLIC  MEETING  ANNUALLY IN NASSAU COUNTY OR SUFFOLK COUNTY, ONE PUBLIC
 MEETING ANNUALLY IN ALBANY COUNTY, AND ONE PUBLIC  MEETING  ANNUALLY  IN
 ERIE  COUNTY.  SUCH  MEETINGS  SHALL BE FOR THE PURPOSE OF INFORMING THE
 PUBLIC OF THE PROGRESS OF ACHIEVING THE STATEWIDE GREENHOUSE  GAS  EMIS-
 SION  LIMITS  AS  SET  FORTH  UNDER  THIS ARTICLE, AND FOR INFORMING THE
 PUBLIC OF THE COSTS OF RULES AND REGULATORY  MEASURES  APPROVED  BY  THE
 CLIMATE  ACTION  COST  COUNCIL ESTABLISHED UNDER SECTION 75-0104 OF THIS
 ARTICLE. SUCH MEETINGS SHALL BE SUBJECT TO ARTICLE SEVEN OF  THE  PUBLIC
 OFFICERS LAW.
   § 7. This act shall take effect immediately.