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FINANCE

2025-01-28 JOINT LEGISLATIVE HEARING In the Matter of the 2025-2026 EXECUTIVE BUDGET ON ENVIRONMENTAL CONSERVATION/ENERGY Chair: Sen. Liz Krueger View full transcript → Archive

Wire Brief

New York's joint legislative budget hearing on environmental conservation and energy revealed deep divisions over the state's climate strategy and utility affordability crisis. The hearing, held January 28 at the Capitol, featured testimony from state agency officials, utility regulators, and environmental advocates debating whether the Governor's proposed $1 billion Sustainable Futures Fund adequately addresses climate goals or whether the indefinitely delayed cap-and-invest program is essential. Interim DEC Commissioner Sean Mahar reported the department spent $1.2 billion of Environmental Bond Act funds and onboarded 450+ new employees while responding to unprecedented natural disasters. NYSERDA President Doreen Harris highlighted 6 gigawatts of distributed solar deployed one year ahead of schedule and 178,000 clean energy jobs, though she acknowledged federal funding uncertainties under the new Trump administration. Public Service Commission Chair Rory Christian reported rate case decisions saving ratepayers $500 million and noted the commission levied $23 million in penalties against utilities for service failures. However, multiple legislators expressed frustration with continued utility rate increases, with some constituents paying over 17 percent of income on energy bills. Environmental advocates unanimously called for immediate release of cap-and-invest regulations, arguing the program would save money for most New Yorkers while generating billions for climate investments. They also pushed for the NY HEAT Act to address the "gas mandate" that requires utilities to expand fossil fuel infrastructure. Republican legislators questioned whether CLCPA implementation is feasible and affordable, with concerns about battery storage safety, grid reliability, and the $340 billion estimated cost. Democratic chairs countered that failure to act on climate will cost more in disaster recovery and health impacts. The hearing underscored a fundamental debate: whether New York's clean energy transition is driving up costs or whether maintaining aging fossil fuel infrastructure is the real expense. Advocates argued that energy efficiency and electrification save money long-term, while skeptics demanded greater transparency on ratepayer impacts. The Legislature faces pressure to resolve these competing priorities in the final budget. New York State legislators heard extensive testimony on January 28 about the 2025-2026 environmental conservation budget, with advocates and agency officials calling for significant increases in clean water and environmental protection funding amid concerns about federal rollbacks and state implementation gaps. The hearing, held jointly by Senate and Assembly environmental committees, featured testimony from over 30 organizations and officials spanning water quality, climate action, land conservation, and environmental enforcement. A central theme emerged: current funding levels are inadequate to address mounting environmental challenges, particularly as federal support becomes uncertain under the new Trump administration. Clean water advocates requested $600 million for the Clean Water Infrastructure Act and $500 million for the Environmental Protection Fund, up from current levels. Jeremy Cherson of Riverkeeper cited stark figures: New York City discharged 29 billion gallons of combined sewer overflows in 2023, equivalent to 105 Empire State Buildings full of sewage. The program is oversubscribed by $700 million, with 200 shovel-ready projects unfunded. Adrienne Esposito of Citizens Campaign for the Environment noted that 296 water districts face PFAS contamination between 4-10 parts per trillion, requiring costly filtration systems averaging $1.5 million upfront. Utility shutoff protections drew scrutiny. Laurie Wheelock of the Public Utility Law Project testified that New York lacks a winter moratorium on shutoffs, only requiring 72-hour notice. She described cases of vulnerable residents losing power, including an oxygen-dependent individual who had to take her child to a laundromat to use a nebulizer. Forest Rangers and Conservation Officers face severe staffing shortages. Matt Krug reported that of 45 Conservation Officer academy spots, only 26 graduated, while 25 attempted Ranger hires yielded just 9 completions. Pension and pay disparities drive departures to better-paying agencies like NYPD. Krug noted two Forest Ranger suicides in recent years and called for dedicated funding for mental health support. Land acquisition modernization emerged as a critical bottleneck. Sarah Moser of Open Space Institute highlighted a dramatic decline: New York purchased 283,000 acres in 2007 but only 3,800 in 2023. Land trusts collectively hold 100,000 acres valued at $150 million awaiting state acquisition, delayed by outdated title review processes. The Governor mentioned title insurance reform in her State of the State but did not include it in the budget. Climate activist Helen Mancini, 17, criticized the state for delaying cap-and-invest and weakening climate commitments despite the CLCPA mandate. She noted that 2025 was supposed to be the year global emissions peaked to avoid 1.5 degrees of warming, but temperatures already exceeded that threshold last year. The redemption center industry testified to a crisis. Jade Eddy of the Empire State Redemption Association reported that 25 percent of centers closed in two years due to unchanged 3.5-cent handling fees since 2009, despite 13 payroll increases. She described owners working alone, sleeping in shops, and losing homes. Peter Baker of Can Bottle Return noted his operation diverted 28 million containers in 2024 but cannot invest in modernization without fee increases. Senators and Assembly members signaled support for increased environmental funding but raised questions about implementation and federal uncertainty. Sen. Harckham pressed on recruitment challenges and mental health support for rangers. Sen. Bynoe highlighted the Village of Hempstead's $55 million cleanup bill for 1,4 dioxane contamination, the highest level in the state, in a low-income community of color. The hearing underscored a broader concern: as federal environmental protections face rollback, New York must step into the breach, but current state funding and staffing levels are insufficient to meet existing needs, let alone expanded responsibilities.

Topic Summary

This joint legislative hearing examined Governor Hochul's proposed 2025-2026 Executive Budget allocations for environmental conservation and energy programs. Testimony covered the Department of Environmental Conservation's operations, NYSERDA's clean energy initiatives, the Public Service Commission's utility oversight, and the New York Power Authority's renewable energy development. Key topics included cap-and-invest program delays, climate goals progress, utility rate affordability, battery storage safety, and funding for clean water infrastructure.

Testimony (32)

Sean Mahar agency_official informational
Interim Commissioner, New York State Department of Environmental Conservation
Mahar highlighted DEC's 2024 accomplishments including onboarding 450+ new employees, responding to unprecedented natural disasters, and advancing climate policies. He discussed the Environmental Bond Act ($1.2 billion spent), freshwater wetlands regulations, harmful algal blooms initiatives, and the Climate Superfund Program. He emphasized the Governor's $1 billion Sustainable Futures Fund and requested Superfund reauthorization with $1.25 billion over 10 years.
Laurie Wheelock advocate supportive
Public Utility Law Project (PULP)
Testified about utility shutoff protections and the inadequacy of current winter notice requirements. Discussed HEAP funding depletion and medical coding issues preventing protections for households with life-sustaining equipment. Highlighted case of oxygen-dependent individual whose electricity was shut off.
Doreen Harris agency_official informational
President & CEO, New York State Energy Research and Development Authority (NYSERDA)
Harris reported NYSERDA's 50-year history and recent achievements including 6 gigawatts of distributed solar deployed (one year ahead of schedule), 36 percent of clean energy investments in disadvantaged communities, and 178,000 clean energy jobs. She discussed the Sustainable Future Fund ($1 billion), offshore wind projects, battery storage development, and nuclear technology evaluation. She noted federal funding impacts and emphasized NYSERDA's transparency through 250+ annual reports.
Michael Hernandez informational neutral
Not specified (testified on gas rates)
Explained gas delivery rate structure and why customer bills are increasing despite low supply costs. Discussed regressive rate structure where smallest consumers pay more for infrastructure costs. Referenced NY HEAT Act as potential solution.
Rory Christian agency_official informational
Chair, Public Service Commission and CEO, Department of Public Service
Christian outlined the PSC's mission to ensure safe, reliable, and affordable utility service. He discussed recent actions including the Coordinated Grid Planning Process, Grid of the Future Proceeding, and approval of 6 gigawatts of energy storage by 2030. He highlighted rate case decisions saving ratepayers $500 million, the $200 million energy bill credit, and expansion of the Energy Affordability Policy. He noted ORES issued four final siting permits for 600+ megawatts of renewable energy in 2024.
Ashok Gupta advocate supportive
Not specified (testified on geothermal)
Proposed increasing geothermal tax credit maximum from $5,000 to $10,000. Argued geothermal heat pumps would reduce peak wintertime electricity demand and future infrastructure costs. Noted electricity system expected to become winter peaking in about a decade.
Justin Driscoll agency_official informational
President and CEO, New York Power Authority (NYPA)
Driscoll reported NYPA's role as the largest state public power organization, generating up to one-quarter of state electricity and operating one-third of high-voltage transmission lines. He discussed the Build Public Renewables program with 37 proposed projects totaling 3 gigawatts, the REACH program for low-income bill credits, and workforce training ($20 million awarded). He noted plans to decommission fossil fuel peaker plants by 2030 and the $100 million Empire State Plaza electrification project.
Jeremy Cherson advocate supportive
Riverkeeper
Testified on combined sewer overflows and landfill leachate contamination. Requested $600 million for Clean Water Infrastructure Act and $500 million for Environmental Protection Fund. Discussed PFAS contamination and federal funding concerns.
Richard Schrader advocate supportive
Director, NY Government Affairs, Natural Resources Defense Council
Schrader advocated for several bills including NY HEAT Act, elimination of the 100-foot gas rule ($200 million annual subsidy), obligation to serve reform, and the Krueger-Simon bill to end fossil fuel tax subsidies ($1.6 billion annually). He supported $500 million Environmental Protection Fund and $600 million Clean Water Infrastructure Act funding. He emphasized cap-and-invest as a cost-saving mechanism for ratepayers.
Adrienne Esposito advocate supportive
Citizens Campaign for the Environment; Chair, New York State Clean Water Coalition
Requested $600 million for Clean Water Infrastructure Act and increased Environmental Protection Fund. Highlighted record spending of $600 million last year on 250+ projects. Noted program oversubscribed by $700 million with 200 unfunded projects. Discussed PFAS regulations and water affordability.
Katherine Nadeau advocate opposed
Deputy Executive Director, Policy & Programs, Environmental Advocates NY
Nadeau criticized Governor Hochul's indefinite delay of cap-and-invest, calling it a betrayal of CLCPA promises. She emphasized that cap-and-invest would create jobs, clean air and water, and replace lead pipes while generating billions in recurring revenue from polluters. She noted most low- and moderate-income New Yorkers would see net financial benefits and urged immediate advancement of regulations.
Andy Zepp advocate supportive
Finger Lakes Land Trust
Requested increase in Environmental Protection Fund from $400 to $500 million. Discussed land acquisition backlog and title insurance issues. Noted Finger Lakes region supports $2 billion tourist economy based on clean water and natural resources.
Judith Enck advocate supportive
President, Beyond Plastics
Enck highlighted plastic pollution as both environmental and fiscal problem. She noted New York generates 34 billion pounds of waste annually with only 19 percent recycled. She advocated for the Packaging Reduction and Recycling Infrastructure Act and cited $250 billion annual healthcare costs from plastics. She opposed chemical recycling as ineffective and criticized ExxonMobil's lack of transparency.
David Ansel advocate supportive
Save the Sound
Testified on Long Island Sound challenges including wastewater pollution, stormwater runoff, and climate change impacts. Requested $600 million for Clean Water Infrastructure Act and $500 million for Environmental Protection Fund. Discussed hypoxic dead zones and need for green infrastructure.
Patrick McClellan advocate opposed
Policy Director, New York League of Conservation Voters
McClellan stated New York is failing to meet CLCPA goals and called the Executive Budget insufficient. He emphasized cap-and-invest as the strongest tool for tackling climate crisis and urged immediate publication of draft regulations. He advocated for NY HEAT Act, Clean Fuel Standard, increased distributed solar goals, battery storage incentives, and zero-emission vehicle rebates.
Helen Mancini advocate opposed
Fridays for Future New York City
17-year-old climate activist testified on inadequacy of state climate action. Criticized Governor for casting doubt on climate goals and delaying cap-and-invest. Called for full implementation of CLCPA, NY HEAT Act, and increased climate funding. Referenced 2019 climate strike with 300,000 participants.
Liz Moran advocate supportive
New York Policy Advocate, Earthjustice
Moran advocated for the NY HEAT Act as a cost-saving measure for New Yorkers. She explained that the act would cap utility bills at 6 percent of income (saving $136/month average), address the gas mandate/obligation to serve, and prevent expensive gas infrastructure expansion. She emphasized that every measure in the legislation is a cost savings measure.
Matt Krug agency_official supportive
Director of Environmental Conservation Officers; Board of Directors, PBA of New York State
Testified on staffing and funding needs for Forest Rangers and Conservation Officers. Discussed recruitment challenges, pension disparities, and need for dedicated budget line items. Highlighted $8.6 million in criminal and civil penalties collected in 2024 and need for body camera funding.
Conor Bambrick advocate supportive
Senior Climate Advisor, NYC Environmental Justice Alliance
Bambrick addressed CLCPA implementation, noting only NYSERDA and DEC have issued guidance on 35-40 percent disadvantaged community investment requirement. He supported cap-and-invest with guardrails for environmental justice communities and urged full disbursement of Sustainable Future Fund. He highlighted Community Air Monitoring Program implementation and extreme heat action plan funding needs.
Jessica Ottney Mahar advocate supportive
The Nature Conservancy
Testified on Environmental Protection Fund and land conservation programs. Requested $500 million for EPF and $5 million for Land Trust Alliance Conservation Partnership Program. Discussed title insurance and Clean Water Infrastructure Act funding needs.
Annie Carforo advocate opposed
Climate Justice Campaign Manager, WE ACT for Environmental Justice
Carforo criticized the Executive Budget as insufficient response to climate crisis. She advocated for $200 million green affordable pre-electrification fund, robust cap-and-invest program, and NY HEAT Act inclusion. She highlighted energy affordability crisis with HEAP depletion, double-digit rate hikes, and 1.3 million households with $1.8 billion in arrears.
Bobbi Wilding advocate supportive
Clean+Healthy
Testified on toxic chemicals, PFAS, and environmental health. Supported $500 million Environmental Protection Fund and $600 million Clean Water Infrastructure Act. Discussed Superfund reauthorization, nuclear waste, and need for PFAS alternatives in manufacturing.
Michael Hernandez advocate supportive
New York Policy Director, Rewiring America
Hernandez advocated for increasing Sustainable Future Fund to $2 billion and Public Facilities Sustainability to $100 million. He emphasized building decarbonization as largest emissions source and noted 20 percent of New Yorkers use fuel oil/propane. He supported NY HEAT Act and cap-and-invest, highlighting that decarbonized homes save $1,500 annually in utility bills.
Claudia Braymer advocate supportive
Protect the Adirondacks
Testified on Adirondack protection and Environmental Protection Fund. Requested $500 million EPF with $100 million for open space and land acquisition. Called for restoration of funding for High Peaks Information Center, Cascade Welcome Center, and Adirondack Watershed Institute. Requested $1 million for carrying-capacity studies and $1 million for non-game wildlife research including $500,000 for gray wolf assessment.
Noah Ginsburg industry supportive
Executive Director, New York Solar Energy Industries Association
Ginsburg reported distributed solar as New York's clean energy success story with 1.24 gigawatts deployed in 2024 and 15,000 workers. He highlighted challenges including restrictive local laws, DEC red tape, rising interconnection costs, and federal support reduction. He advocated for raising distributed solar goals and modernizing the Residential Solar Tax Credit to make it refundable.
Cathy Pedler advocate supportive
Adirondack Mountain Club
Testified on Catskill and Adirondack Parks protection. Requested increase of dedicated stewardship line to $12 million and EPF to $500 million. Requested restoration of $250,000 funding for ADK visitor centers. Discussed visitor center roles in education, search-and-rescue prevention, and infrastructure.
Anshul Gupta advocate opposed
Policy & Research Director, New Yorkers for Clean Power
Gupta criticized Governor's indefinite delay of cap-and-invest after agencies completed regulatory work. He emphasized NY HEAT Act as most effective legislation addressing energy affordability while reducing climate pollution. He urged Legislature to demand cap-and-invest regulations release and pass NY HEAT Act.
Kevin Chlad advocate supportive
Adirondack Council
Testified on air and water quality monitoring in Adirondacks. Discussed Whiteface Mountain air-monitoring station and its role in EPA litigation. Requested increase in SCALE (Survey of Climate and Adirondack Lake Ecosystems) funding from $1.5 million to $3 million. Discussed Timbuctoo program for environmental education.
Laurie Wheelock advocate supportive
Executive Director and Counsel, Public Utility Law Project
Wheelock reported 46 percent increase in calls for help and noted PULP grew from 11 to 15 staff. She requested $250,000 increase for two additional staff and advocated for Energy Affordability Program funding, HEAP cooling assistance, and oversight of small water companies. She emphasized need for stronger consumer protections and rate design discussions.
Jade Eddy advocate opposed
Empire State Redemption Association
Testified on crisis in redemption center industry. Reported 13 payroll increases since 2009 with only 3.5 cent handling fee. Documented 25 percent closure of redemption centers in two years. Requested Bottle Bill modernization including container expansion and increased deposit.
Peter Baker industry opposed
Can Bottle Return (CBR); operator, Hamburg, New York
Testified on redemption center operating margins and need for handling fee increases. Reported CBR diverted 28 million containers in 2024 while providing 17 full-time positions and over $100,000 in annual donations. Discussed aspiration to divert 120 million containers in next five to seven years but constrained by current margins.
Sarah Moser advocate supportive
Open Space Institute
Testified on land acquisition modernization and title insurance. Noted dramatic decline in state land acquisitions from 283,000 acres in 2007 to 3,800 in 2023. Reported land trusts holding $24 million in properties awaiting state acquisition. Requested title insurance legislation in budget or 30-day amendments.

Senator Engagement (24)

Senator Engagement Stance Focus Areas Summary
Sen. Brad Hoylman-Sigal neutral Sen. Hoylman-Sigal was present but did not ask questions during the hearing.
Sen. Bynoe supportive Water testing and PFAS contamination Disadvantaged communities and water affordability 1,4 dioxane in Hempstead Sen. Bynoe asked about increased testing for water contamination and funding for disadvantaged communities facing water quality crises, particularly regarding 1,4 dioxane in her district.
Sen. Chris Ryan neutral DEC staffing and recruitment Environmental Conservation Officer retention Sen. Ryan asked about staffing levels and recruitment challenges for conservation officers.
Sen. Dan Stec skeptical wetlands regulations impact on development Extended Producer Responsibility for packaging tree planting funding elimination affordability and outmigration concerns CLCPA goal achievement feasibility grid reliability margins decline offshore wind project cancellations Ranker Stec expressed skepticism about CLCPA implementation feasibility and costs, questioning whether goals are achievable and whether ratepayers are bearing excessive burdens. He raised concerns about grid reliability and asked pointed questions about cost-benefit analyses.
Sen. George Borrello opposed Advanced Clean Trucks suspension wetlands regulations impact NYPA rate increases for municipal utilities grid reliability concerns Sen. Borrello expressed concern about ACT regulations and NYPA rate increases, questioning whether current policies are sustainable for rural communities.
Sen. Harckham supportive Conservation officer and forest ranger staffing On-site treatment of landfill leachate Reliable funding streams for water infrastructure Adirondack protection and land stewardship Sen. Harckham asked detailed questions about recruitment challenges, mental health support for rangers, and fire training. He expressed support for environmental funding and requested testifiers provide written proposals to him and Assembly leadership.
Sen. Hinchey supportive On-site treatment of landfill leachate Reliable funding streams for water infrastructure CHIPS-like funding model Sen. Hinchey asked about on-site treatment of landfill contaminants and expressed support for a CHIPS-like funding model for water infrastructure. He noted pending DEC regulations on landfill leachate treatment.
Sen. Jessica Ramos supportive Sustainable Future Fund labor standards apprenticeship program accessibility clean energy job tracking Sen. Ramos asked questions about labor standards and workforce development, showing concern about ensuring quality jobs in clean energy sector.
Sen. John Liu neutral nuclear power plant blueprint plan public participation process timeline Sen. Liu asked brief questions about nuclear development timeline and public participation, noting lack of clarity on deployment timeline.
Sen. Kevin Parker supportive Clean Energy Zones implementation transmission upgrade safeguards PSC staffing and resources diversity and inclusion in utilities Build Public Renewables program Chair Parker asked detailed questions about implementation mechanisms and staffing needs, showing support for clean energy transition while seeking clarity on execution.
Sen. Krueger supportive Clean water infrastructure Environmental Protection Fund Land acquisition and title insurance Hearing management and time allocation Chair Krueger actively managed the hearing, asked clarifying questions on multiple topics, and expressed support for increased environmental funding. She demonstrated particular interest in land acquisition modernization and title insurance issues.
Sen. Liz Krueger supportive cap-and-invest program status and timeline utility cost impacts and affordability CLCPA goal achievement federal funding freeze implications energy efficiency and heat pump adoption crypto mining environmental impact Chair Krueger demonstrated strong support for cap-and-invest and clean energy transition, repeatedly questioning why the program was delayed and emphasizing research showing 84 percent of households would break even or benefit. She challenged the narrative that climate action causes rate increases, noting that failure to act on CLCPA is driving costs up.
Sen. Mario Mattera opposed battery storage facility oversight and safety CLCPA costs and transparency battery storage fires and contamination risks alternative energy sources beyond renewables Ranker Mattera expressed strong opposition to battery storage and questioned CLCPA implementation, citing fires and safety concerns. He advocated for alternative approaches and questioned whether current policies are working.
Sen. Mark Walczyk skeptical refrigerant regulations and heat pumps ATV registration and weight limits wetlands regulations impact on lakes nuclear power development Sen. Walczyk questioned whether refrigerant bans conflict with heat pump mandates and raised concerns about wetlands regulations affecting lake communities.
Sen. Mayer supportive Utility shutoff protections Advocacy for vulnerable populations Sen. Mayer expressed support for Laurie Wheelock's advocacy work on behalf of vulnerable populations facing utility shutoffs.
Sen. Michelle Hinchey supportive emerging contaminants in water leachate regulations and landfill management solar siting on prime farmland land trust acquisition delays small water company oversight Sen. Hinchey asked detailed questions about water quality issues and land conservation, showing concern about emerging contaminants and the need for stronger oversight of small water systems.
Sen. Parker supportive Body camera legislation for conservation officers Sen. Parker introduced legislation requiring Conservation Officers to have body cameras and received support from testifier Matt Krug.
Sen. Patricia Canzoneri-Fitzpatrick neutral RAPID Act local law override HFC regulations and small businesses ORES permitting process Sen. Canzoneri-Fitzpatrick asked about RAPID Act implementation and local community involvement in siting decisions.
Sen. Patricia Fahy supportive Advanced Clean Trucks timeline flexibility biosolids contamination concerns offshore wind development utility affordability state facility decarbonization Sen. Fahy expressed support for climate goals while acknowledging implementation challenges, particularly regarding truck electrification infrastructure and timing.
Sen. Pete Harckham supportive Bond Act expenditure tracking federal funding freeze impacts cumulative impacts regulations harmful algal blooms Advanced Clean Trucks feasibility 30 by '30 conservation progress salt pollution in drinking water Chair Harckham asked substantive questions about implementation details and timelines, showing concern about practical challenges while supporting environmental goals. He questioned whether industry concerns about ACT regulations were valid and sought clarification on regulatory processes.
Sen. Rachel May supportive Seneca Meadows landfill expansion solid waste management plan land trust acquisition delays disadvantaged community investment tracking energy storage technology diversity Sen. May asked questions about solid waste management and land conservation, showing concern about landfill expansion and the need for comprehensive waste reduction strategies.
Sen. Shelley Mayer skeptical electric school bus implementation utility rate increases and affordability return on equity methodology Con Edison rate hikes Sen. Mayer expressed frustration with utility rate increases and questioned PSC's approach to return on equity, advocating for stronger consumer protections.
Sen. Siela Bynoe supportive water infrastructure funding 1,4-dioxane contamination harmful algal blooms funding Sen. Bynoe asked about water infrastructure needs in her district, particularly regarding emerging contaminants and harmful algal blooms.
Sen. Tom O'Mara skeptical Advanced Clean Trucks impact Peanut the Squirrel investigation Greenidge Power Plant litigation CLCPA costs and transparency utility rate increases Champlain Hudson Power Express costs Ranker O'Mara expressed skepticism about CLCPA implementation and costs, questioning whether ratepayers understand what they're paying for and advocating for greater transparency.