State Senate passes 10 climate bills on Earth Day with mixed GOP backing

ALBANY, N.Y. (NEXSTAR) — State Senate Democrats advanced 10 environmental bills on Earth Day. Each still needs Assembly approval and Gov. Kathy Hochul’s signature to become law.

S4574B/A5832B, the PFAS Discharge Disclosure Act, adds requirements for any industrial facility or sewage plant run by a local government. Those who apply for a license to dump treated wastewater into rivers and lakes would have to submit projected levels of PFAS—per- and polyfluoroalkyl substances, sometimes called "forever chemicals"—in the water. DEC would have to post all the submitted PFAS data online and create monitoring thresholds for at least 40 PFAS chemicals.

S4030/A6416 would require the Department of Environmental Conservation to set ambient air standards for benzene, formaldehyde, vinyl chloride, dioxins, furans, trichloroethylene, and mercury by Dec. 31, 2027. Then, beginning Jan. 1, 2028, any facility emitting at least 10 tons per year of any one of those toxic contaminants—or 25 tons of combined contaminants—has to install air-quality sensors at their property lines and regularly report on their average emissions.

S5111, the Just Energy Transition Act, makes the New York State Energy Research and Development Authority, the Department of Public Service, DEC, and the Long Island Power Authority conduct a study on phasing out at least four gigawatts of the state’s oldest, most polluting fossil-fuel plants by 2030. That study would have to include recommendations for upgrading renewables and standards for reducing peak-use emissions.

S4513/A2417 imposes Enhanced Public Participation requirements on any major project in or within a mile of a disadvantaged community—a neighborhood that faces economic hardship alongside higher exposure to air, water, or soil pollution. The DEC cannot approve an application without a list of local stakeholders, a schedule of at least three community meetings, and a map of sensitive locations like schools, hospitals, and parks.

S3828A/A2486A, the Emissions Tampering Act, prohibits removing, disabling, or selling any device for bypassing or defeating pollution controls on diesel vehicles. A first offense faces up to $5,000 in fines, and repeated violations could be worth up to $10,000. DEC, the Department of Motor Vehicles, and the Department of Transportation would also have to change inspections to include visual checks for tampering.

S1733/A2627 creates a Lake Association Water Quality Program. Under that program, the DEC would help municipalities find problems in their bodies of water, figure out how to address those problems, and establish best practices for future remediation. The act also sets up a grant program to fund cleanup.

S3852A/A7594 outlaws intentionally adding PFAS, polycyclic aromatic hydrocarbons, or lead to playground surfacing. Manufacturers would have to certify compliance when registering products, and the DEC can both perform inspections and penalize violators.

S2706A/A4725A targets waste from hydraulic fracturing, or fracking, outlawing the use of fluids, brine, or flowback water drilled from gas and oil wells for tasks like highway de-icing or dust suppression.

S1668/A7060 lets NYSERDA administer grants or loans for homeowners switching from propane or fuel-oil systems to electric heat pumps, including efficiency upgrades.

S1069/A1179 would bar the lease of state forests, reforestation areas, wildlife management areas, and "unique areas" for oil or gas production.

Majority Leader Andrea Stewart-Cousins framed the bills as “our commitment to protecting New York’s environment and natural resources” and highlighted last session’s fracking dioxide loophole fix. Environmental Committee Chair Pete Harckham praised measures on lake cleanup and home heat-pump grants as “real win-wins” for communities.

Support from Republicans in the State Senate varied by bill. For example, the PFAS Discharge Disclosure Act and playground surfacing bill both passed with no nay votes. Republican State Sen. Rob Rolison even cosponsored the Lake Association Water Quality Program. On the other end of the spectrum, the Just Energy Transition Act received only 38 votes in favor.

A new Siena Poll came out on Earth Day, finding that New Yorkers are mostly divided between environmental and economic priorities. Sixty-two percent of New Yorkers surveyed fear that climate change will hurt them personally in their lifetime. Sixty-seven percent said they think shifting to renewables will help businesses in New York, though a plurality—46-39%—agreed that limiting greenhouse gas emissions would make New York more for businesses.