Albany, NY —

The New York State Senate and Assembly released their one-house budget bills for the SFY2024 budget. Both houses rejected the Governor’s proposed 50% cut to the Clean Water Infrastructure Act, and included bill language to accelerate electric transmission siting. However, there are significant differences between the overall proposals from the Senate and Assembly on environmental funding and policies.

The SFY2024-25 budget, due April 1st, follows the hottest year in recorded history. For the first time, New York experienced unsafe air quality from Canadian wildfires. There was unprecedented flooding that led to the shutdown of Metro North and other commuter rail, leaving people stranded, and dangerous heat waves. 

The following statement can be attributed to Liz Moran, New York policy advocate for Earthjustice: 

“Following a hot, expensive 2023 that left people stranded from flooding, struggling to breathe smoky air, and overcome by increasing utility bills, New Yorkers are counting on the SFY2024-25 budget to make their lives healthier, safer, and more affordable by including bold funding and policies to address the climate crisis, protect water, reduce exposure to toxic chemicals, and lower energy bills. While the Senate has offered a budget proposal that meets these expectations, the Assembly, disappointingly, has largely missed the urgency of the moment. 

The Senate’s proposed budget demonstrates its ongoing commitment to tackling climate change, and reducing energy bills and air pollution by including numerous climate policies, like the NY HEAT Act, the Climate Change Superfund Act, Green Transit Green Jobs, and more. Where both the Senate and Assembly agree with the Governor on the importance of accelerating the siting of electric transmission, with all three of their respective budget proposals including some version of the RAPID Act.

With water infrastructure needs in the state coming with a price tag well over $80 billion over the next twenty years, increasing funding for the Clean Water Infrastructure Act is overdue. Thankfully, both the Senate and Assembly have rejected the Governor’s ill-advised proposal to cut funding for this program by half. The Assembly’s budget restores funding to $500 million, and the Senate’s increases funding to $600 million. The final budget should include, at a minimum, $600 million for the Clean Water Infrastructure Act.

Earthjustice urges the Governor and the Legislature to deliver a final budget that ensures affordable energy, protects public health, and accelerates our path towards a truly zero-emissions future for all New Yorkers.”

While Earthjustice continues to review the one-house budget bills for details, we offer the following chart and assessments of what climate and environmental initiatives did, and did not, make it in the proposals:   2024 NYS Budget Statement Chart by Earthjustice

Policy/Funding Description	Governor’s Budget	Assembly Budget	Senate Budget
NY HEAT Act (S2016B/A4592B) /The Affordable Gas Transition Act (policy to align public service law with climate law mandates)	Included Details: “Affordable Gas Transition Act.” Gives the Public Service Commission (PSC) the authority and direction to align gas utility regulations and system planning with climate law mandates. Eliminates the “100-foot rule,” resulting in savings of $200 million per year. Eliminates the obligation to serve gas, which empowers utilities to pursue safer and cleaner long-term energy sources, such as neighborhood scale geothermal energy networks. Excludes: cap for energy bills at 6% of a household’s income; implementation timeline; labor provisions.	NOT included Details: This policy was omitted from the Assembly proposal. The Assembly signaled support for elimination of the 100-foot rule in their summary of budget changes.	Included Details: Swaps out the Governor’s “Affordable Gas Transition Act” with the NY HEAT Act  (S2016B/A4592B). Aligns the public service law with the climate law mandates. Includes: Capping energy bills at 6% of a household’s income; ending costly and outdated fossil fuel subsidies, like the “100 Foot Rule,” which will result in savings of $200 million per year; empowers utilities to pursue safer and cleaner long-term energy sources, such as neighborhood-scale geothermal networks by eliminating the obligation to serve gas; implementation timeline; labor provisions.
Clean Water Infrastructure Act (CWIA) funding	$250 million (50% cut)	$500 million	$600 million
Lead Service Line Replacement Program funding (program within CWIA)	No new funding	$100 million	No new specifically designated funding
Environmental Protection Fund (EPF)	$400 million, offloads $25 million to support agency staffing	$400 million, rejects $25 million offload for agency staffing	$425 million, rejects $25 million offload for agency staffing
Climate-resilient Farming (program within EPF)	$15.25 million	$15.25 million	$15.25 million
Renewable Action Through Project Interconnection and Deployment Act (RAPID)	Included	Included Details: Adds battery storage; adds new language regarding farmland that could delay project siting	Included Details: Adds labor provisions to transmission projects
Green Transit, Green Jobs (S6089/A6414)	Not included	Not included	Included
Climate Change Superfund Act (S2129A/A3351)	Not included	Not included   Details: The Assembly’s one-house summary of changes signaled support for funding climate change adaptation via a cost recovery program.	Included   Details: establishes the climate change adaptation cost recovery program, which would require companies that have contributed significantly to the buildup of greenhouse gases, the primary cause of climate change, to bear a share of the costs of infrastructure investments required to adapt to the impacts of climate change in New York State.
Support for the Electric School Bus Transition	Not included	Included   Details: The Assembly’s one-house resolution includes a $2 billion bond program to fund capital projects at schools, with charging infrastructure among the list eligible projects	Included   Details: The Senate’s one-house resolution includes the creation of a working group to support districts in transitioning fleets to zero-emissions
Fossil fuel subsidy elimination (“Stop Climate Polluters Handout Act” S3389/A7949)	Not included	Not included	Included Details: Would save the state approximately $336 million annually by repealing certain exemptions from sales and use tax and petroleum business tax, as well as tax incentives for a variety of economic development programs, that encourage the use of fossil fuels.
EmPower Plus and Energy Affordability Program	$50 Million – EmPower Plus	$200 Million – Energy Affordability Program $50 Million – EmPower Plus	$50 Million – Empower Plus
Expanding Public Transit	Not included	Included Details: $90M proposed for more frequent and reliable bus service and for a fare-free pilot	Included Details: $90M proposed for more frequent and reliable bus service and for a fare-free pilot