NYS lawmakers fail to pass environmental bills amid infighting, public outcry

ALBANIA – Major environmental protection measures slated as crown jewels of the 2024 legislative session ended in unusual failure this month amid infighting among Democrats and after voters made it clear they did not want to foot the bill, according to top lawmakers and veterans. . political observers.

“It’s a shocking disappointment given that we’re in a climate crisis,” said Judith Enck, a veteran environmental activist and former administrator of the Regional Environmental Protection Agency in the Obama administration.

Supporters said the three major environmental measures that failed would have made transformative changes for generations to come while making fossil fuel producers pay to fight climate change. Opposition was led by industries that would pay more, who argued that their costs would be passed on to New Yorkers already struggling with a high cost of living.

The affordability argument, backed by polls, held up in the closing, chaotic days of the session that ended June 7, and the potential political fallout that Democrats fear for the fall election loomed larger, lawmakers and analysts said.

“We tried,” said Senate Majority Leader Andrea Stewart-Cousins ​​(D-Yonkers). “We have passed bills like this since 2019 when we won the majority … we know how important it is.”

Despite one-party control of state government, Democrats failed to pass:

• New York’s Affordable Home Energy Transition Act, commonly called the Heating Act. It would have limited how much energy companies could pass on to ratepayers for the cost of switching away from fossil fuels, as required by state climate change laws. The act also would have ended the “100-foot rule,” which automatically connects most new buildings to nearby gas lines.
• Packaging Reduction and Recycling Infrastructure Act. It would have required New York companies with more than $5 million in net revenue to reduce their plastic packaging and other containers, as well as shoulder most of the recycling cost paid by local taxpayers.
• Biggest, best bottle bill. It would have doubled the deposit of 5 cents a bottle to a coin and boosted recycling rates while keeping recycling companies struggling under a deposit that has not changed in 41 years afloat.

The Climate Change Superfund Act was passed in a last-minute effort. This bill would require fossil fuel producers to shoulder most of the cost to make communities more resilient to floods and severe storms and to pay for storm damage. This cost is now paid by taxpayers. While a victory for environmental activists, the bill will not require any reduction in emissions that contribute to climate change. It remains uncertain whether Gov. Kathy Hochul will sign the measure into law.

The already packed agenda for the last week was compounded by the delay of another environment-related measure. Hochul announced a pause in the congestion pricing program enacted five years ago, which would have charged drivers entering the most congested parts of Manhattan at peak times. The idea was to reduce heavy traffic and reduce air pollution.

“I’m an environmentalist,” Hochul said, but added, “People are hurting right now. We ignore it to our detriment.”

Hochul added to a chaotic week by trying and ultimately failing to get the state Legislature to replace $1 billion in lost congestion pricing revenue for the Metropolitan Transportation Authority, first proposing what she called a tax “of small” for big businesses.

In the end, the Assembly could not pass the Heating, Packaging or Bottle Bills even after the session was extended by a full day.

“There is a common theme to all of this and that is the issue of affordability, said Assemb. Fred Thiele (D-Sag Harbor), a member of the Assembly Environmental Conservation Committee. “People are sensitive to inflation and the cost of living… if it’s not the reality, it’s at least the perception that these would cost people more.”

He said it would be naive to ignore the political implications of these bills for the legislative and congressional elections this fall.

“It’s an even-numbered year, and that’s all part of the ecosystem in which these bills are considered,” Thiele said.

The lack of action means the state remains at risk of missing its goals under the Climate Leadership and Community Advocacy Act of 2019 to create carbon-free electricity by 2040.

“A year after New York saw orange skies and experienced another record year for climate change, the 2024 legislative session failed to meet the urgency of the moment,” said Liz Moran, New York policy attorney for Earth Justice. “No legislation is being sent to the governor that would reduce greenhouse gas emissions in accordance with our state climate law. New Yorkers are also reeling from high energy bills, which are continuing to rise because of our reliance on gas infrastructure.”

“A lot more is expected of a state like New York,” Moran said.

There was plenty of finger pointing to go around. Lawmakers faulted Hochul for lifting her delay in congestion pricing in the final week of the session, the Senate faulted the Assembly for not acting on the measure weeks earlier, and many lawmakers blamed advocacy groups for failing to rally public support beyond “true believers.” to counter intense lobbying by industries.

“It’s fair to say that in a state that has passed some of the nation’s most ambitious clean energy and other environmental protections, the failure to support additional initiatives cannot be attributed to a lack of concern for climate change, blockage and pollution. said Lawrence Levy, executive dean of Hofstra University’s National Center for Suburban Studies. “It’s mainly about the economy, mainly inflation and general uncertainty. These are volatile times, economically and even politically.”

However, he said enacting these environmental measures also heightens conflict within the Democratic Party, where a growing number of progressives have challenged the established, more centrist leadership led by Hochul after several crushing losses to Republicans on Long Island.

“For Democrats, it’s just another fracture that the party needs to heal if they expect to come together and take back the seats they lost two years ago,” Levy said.

“Some lawmakers may not even want to stick their necks out,” said Lee Miringoff, a professor of political science at Marist College and director of the Marist Institute for Public Opinion polling. “It sits on the doorstep of an incumbent.”

However, these environmental measures could get new life in the coming months or in the 2025 legislative session. Hochul’s delay in congestion pricing means the State Legislature is expected to do so return for a special session, possibly after the legislative and congressional elections in November, to address MTA funding.

Assembly. Deborah Glick (D-Manhattan), the chairwoman of the Assembly Environmental Conservation Committee, said the bills are not dead. She said there is still time in a special session and the 2025 session to better inform voters that the measures are essential for the environment and public health, saving taxpayers money while making polluters pay for a share of the cost of global warming. .

“We ran out of time,” Glick told Newsday. “I think there are, the governor and certainly others, who raised concerns about going too fast, too fast,” Glick said. “The problem is that we haven’t done anything for a long time. We must redouble our efforts. Nobody likes change and we are asking people to change in different ways.”