NY State Senate Bill 2025-S8607A

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2026	print number 8607a
Mar 11, 2026	amend (t) and recommit to environmental conservation
Jan 07, 2026	referred to environmental conservation
Dec 08, 2025	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

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2025-S8607 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Rpld §75-0109, amd §§75-0101 & 75-0107, En Con L

2025-S8607 - Summary

Amends the definition of "carbon dioxide equivalent" to provide that such term be calculated based on a 100-year time frame after emission; provides for rules and regulations to amend the statewide greenhouse gas emissions limit; repeals provisions of law relating to statewide greenhouse gas emissions reductions.

2025-S8607 - Sponsor Memo

                                 
BILL NUMBER: S8607

SPONSOR: WALCZYK
 
TITLE OF BILL:

An act to repeal section 75-0109 of the environmental conservation law,
relating to the promulgation of regulations to achieve statewide green-
house gas emissions reductions

 
PURPOSE:

This bill would repeal Section 75-0109 of the Environmental Conservation
Law, which would effectively end the cap-and-invest program along with
repealing the unrealistic emission mandates placed into law under the
Climate Leadership and Community Protection Act (CLCPA).

 
SUMMARY OF PROVISIONS:

Section 1 repeals Section 75-0109 of the Environmental Conservation Law.

Section 2 is the effective date.

 
EXISTING LAW:

Section 75-0109 of the Environmental Conservation Law requires the
Department of Environmental Conservation, no later than 2023, to promul-
gate rules and regulations to ensure compliance with the statewide emis-
sions reduction limits required under the CLCPA.

 
JUSTIFICATION:

This legislation is in direct response to a ruling by an Albany County
judge ordering the Department of Environmental Conservation to issue
regulations to cut emissions by February 6th of next year. The judge
ruled the State had to issue Cap-and-Invest regulations to cut emissions
by February of next year to come in compliance with section 75-0109 of
the Environmental Conservation Law. By repealing this provision of law,
the plaintiffs to the lawsuit no longer have legal justification to
require the implementation of a Cap-and-Invest program.

The Cap-and-Invest program is projected to tax New York companies $10
billion per year. A tax which will be passed down to consumers as higher
prices.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

New Yorkers will save hundreds of billions of dollars by repealing the
emission mandates. The conservative cost estimate of compliance with the
CLCPA is $340 billion.

 
EFFECTIVE DATE:
Immediately.

2025-S8607 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8607
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             December 8, 2025
                                ___________
 
 Introduced  by  Sen. WALCZYK -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to repeal section 75-0109 of the environmental conservation  law,
   relating  to  the  promulgation  of  regulations  to achieve statewide
   greenhouse gas emissions reductions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  75-0109 of the environmental conservation law is
 REPEALED.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13982-01-5

co-Sponsors

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2025-S8607A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Rpld §75-0109, amd §§75-0101 & 75-0107, En Con L

2025-S8607A (ACTIVE) - Summary

2025-S8607A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8607A

SPONSOR: WALCZYK
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
calculation of statewide greenhouse gas emission limits; and to repeal
section 75-0109 of the environmental conservation law relating thereto

 
PURPOSE:

This bill would repeal Section 75-0109 of the Environmental Conservation
Law, which would effectively end the cap-and-invest program along with
repealing the unrealistic emission mandates placed into law under the
Climate Leadership and Community Protection Act (CLCPA).

 
SUMMARY OF PROVISIONS:

Section 1 repeals Section 75-0109 of the Environmental Conservation Law.

Section 2 amends the definition of "carbon dioxide equivalent" in

Section 75-0101 of the Environmental Conservation Law to adjust the
timeframe used to calculate greenhouse gas emissions to a one-hundred-
year time frame.

Section 3 amends Section 75-0107 of the Environmental Conservation Law
to remove the statewide greenhouse gas emissions limits requiring emis-
sions to be reduced to 60 percent of 1990 levels by 2030 and 15 percent
of 1990 levels by 2050.

Section 4 directs the Department of Environmental Conservation to update
the statewide greenhouse gas emissions limits to maintain consistency
with the revised definition of carbon dioxide equivalent.

Section 5 is the effective date.

 
EXISTING LAW:

Section 75-0109 of the Environmental Conservation Law requires the
Department of Environmental Conservation, no later than 2023, to promul-
gate rules and regulations to ensure compliance with the statewide emis-
sions reduction. limits required under the CLCPA.  Current law also
defines carbon dioxide equivalent using a twenty year timeframe and
establishes greenhouse gas emissions limits of 60 percent of 1990 levels
by 2030 and 15 percent of 1990 levels by 2050.

 
JUSTIFICATION:

This legislation is in direct response to a ruling by an Albany County
judge ordering the Department of Environmental Conservation to issue
regulations to cut emissions by February 6th of next year. The judge
ruled the State had to issue Cap-and-Invest regulations to cut emissions
by February of next year to come in compliance with section 75-0109 of
the Environmental Conservation Law. By repealing this provision of law,
the plaintiffs to the lawsuit no longer have legal justification to
require the implementation of a Cap-and-Invest program.


The Cap-and-invest program is projected to tax New York companies $10
billion per year. A tax which will be passed down to consumers as higher
prices.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

New Yorkers will save hundreds of billions of dollars by repealing the
emission mandates. The conservative cost estimate of compliance with the
CLCPA is $340 billion.

 
EFFECTIVE DATE:
Immediately.

2025-S8607A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8607--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             December 8, 2025
                                ___________
 
 Introduced by Sens. WALCZYK, BORRELLO, CHAN, GALLIVAN, HELMING, MATTERA,
   MURRAY,  OBERACKER,  ORTT,  RHOADS,  STEC,  TEDISCO  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Rules -- recommitted to the Committee on Environmental Conservation in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   calculation of statewide greenhouse gas emission limits; and to repeal
   section 75-0109 of the environmental conservation law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  75-0109 of the environmental conservation law is
 REPEALED.
   § 2. Subdivision 2 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:
   2. "Carbon dioxide equivalent" means the amount of carbon  dioxide  by
 mass  that  would produce the same global warming impact as a given mass
 of another greenhouse gas over an integrated [twenty-year] ONE  HUNDRED-
 YEAR time frame after emission.
   §  3.  Subdivision 1 of section 75-0107 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 one year after the effective date of this article,
 the department shall, pursuant  to  rules  and  regulations  promulgated
 after  at least one public hearing, establish a statewide greenhouse gas
 emissions limit as a percentage of 1990 emissions, as estimated pursuant
 to section 75-0105 of this article[, as follows:
   a. 2030: 60% of 1990 emissions.
   b. 2050: 15% of 1990 emissions].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13982-02-6

 S. 8607--A                          2
 
   § 4. Notwithstanding any law, rule or regulation to the contrary,  the
 department  of  environmental  conservation  shall  update the statewide
 greenhouse gas emissions limit established pursuant to subdivision 1  of
 section  75-0107  of  the  environmental  conservation  law, to maintain
 consistency  with  the definition of the term carbon dioxide equivalent,
 as defined by subdivision 2 of  section  75-0101  of  the  environmental
 conservation law, as amended by section two of this act.
   § 5. This act shall take effect immediately.

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Senate Bill S8607A

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

Actions

Bill Amendments

co-Sponsors

2025-S8607 - Details

2025-S8607 - Summary

2025-S8607 - Sponsor Memo

2025-S8607 - Bill Text download pdf

co-Sponsors

2025-S8607A (ACTIVE) - Details

2025-S8607A (ACTIVE) - Summary

2025-S8607A (ACTIVE) - Sponsor Memo

2025-S8607A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

Actions

Bill Amendments

co-Sponsors

2025-S8607 - Details

2025-S8607 - Summary

2025-S8607 - Sponsor Memo

2025-S8607 - Bill Text download pdf

co-Sponsors

2025-S8607A (ACTIVE) - Details

2025-S8607A (ACTIVE) - Summary

2025-S8607A (ACTIVE) - Sponsor Memo

2025-S8607A (ACTIVE) - Bill Text download pdf

Comments