Final NYS Budget Leaves Room for Legislative Leadership on Energy Affordability, Climate, and Environment Before End of 2025 Session
New York Governor Hochul and Legislature Finalize the SFY2025-26 Budget; Includes New Climate Funding and a Boost to the Environmental Protection Fund
Contacts
Nydia Gutierrez, ngutierrez@earthjustice.org
New York Governor Hochul and the Legislature finalized the SFY2025-26 Budget, which offered a mixed bag on climate and environmental issues, leaving a clear need for legislative leadership in the remainder of the legislative session.
The following statement can be attributed to Liz Moran, New York policy advocate for Earthjustice:
“New York’s final budget includes laudable funding for climate and environmental initiatives that will protect our water and cut pollution, but we still expect significant leadership from the Legislature before the 2025 session closes. As the federal administration eliminates more protections every day and subjects people to increased costs and a dirtier environment, New Yorkers are counting on the Legislature to take bold action where the budget fell short. The Legislature must pass new laws to cut energy bills and climate pollution, address relentless utility rate hikes, and protect people from exposure to toxic chemicals.”
The Pros: The final deal includes important funding for climate and environmental protections, like the $1 billion Sustainable Future Program, $2 million for a new Green Affordable Pre-Electrification program, a new funding high of $425 million for the Environmental Protection Fund, and a flat $500 million for the Clean Water Infrastructure Act. We are also pleased to see the inclusion of policy to expand universal school meals.
The Cons: However, the budget neglected energy affordability entirely, excluding any funding for the Energy Affordability Program and, once again, the NY HEAT Act (A.4870A/S.4158). The budget also included amendments that weaken New York’s Electric School Bus program.
Budget Chart with additional details and positions here:
| Policy/Funding Description | Governor’s Budget | Assembly Budget | Senate Budget | Final Budget | Earthjustice Position |
| NY HEAT Act | Omitted | Omitted | Included (S.4158/A.4870A) | Omitted | We are deeply disappointed by this omission and urge the Assembly to deliver on energy affordability and pass NY HEAT now. Full statement here. |
| Clean Water Infrastructure Act (CWIA) funding | $500 million | $600 million, including $100 million for lead service line replacement, and other specific allocations for various water programs including $15M for private well testing, $30M for septic system replacement, and more. | $600 million, including $100 million for lead service line replacement | $500 million | We are pleased funding was maintained; however, this program is long overdue for an increase. Federal funding cuts are expected, and New York’s programs are already oversubscribed. |
| Sustainable Future Program (Climate funding) | $1 billion | $1 billion, including specific allocations for Empower+ and pre-weatherization, zero emissions vehicles and buses, EV charging stations, thermal energy, energy efficient public schools, and more | $1 billion | $1 billion, including specific allocations for Empower+, thermal energy networks, electric school buses, EV charging for medium-heavy duty vehicles, renewable energy projects, and more. | We applaud this funding and are pleased to see specific funding designated for important projects. |
| Environmental Protection Fund (EPF) | $400 million | $500 million | $500 million | $425 million | We applaud this increase in funding to EPF. |
| Energy Affordability Program (EAP) | No new funding | $200 million | $200 million | No new funding | We are disappointed there was no new funding for this critical program. |
| The Green Affordable Pre-Electrification (GAP) Fund (S.3315/A.2101) | Not included | Includes portions of this through the Sustainable Future Fund’s $330 million allocation | Includes GAP Fund in ELFA Part RRR | $2 million, language differs from standalone bill but offers funding for the same programs | We applaud the inclusion of GAP. Though $2 million falls far short of what is needed, this will help jumpstart projects to make homes safer and healthier while helping them get electric-ready. |
| Electric School Bus Requirement Extensions | Not included | Not included | Included, Part A, ELFA, grants unlimited extensions provided a district has “made a good faith effort” to fulfill the requirements and attends quarterly meetings with NYSERDA for technical assistance. Requires independent range estimates prior to sale of electric school buses. | Part A, ELFA, allows school districts up to two two-year extensions. To receive a second extension, a district must work in partnership with NYSERDA. The first extension shall not be granted if NYSERDA determines the school district is capable of meeting the requirements. There are also requirements for independent range estimates prior to sale of electric school buses. | Earthjustice is sympathetic to the challenges school districts are facing; however, waivers must only be granted in instances of true hardship and with situations outside their control. |
| Private Drinking Water Well Testing and Treatment | CWIA includes mention of program for private well testing and treatment of emerging contaminants | Part EEE of TED establishes a new private well testing and remediation program that corresponds with $15M in CWIA | Part JJJ of TED establishes a program (S3972/A216) to provide grants to owners of private wells with confirmed PFAS contamination to install treatment technology or connect to a public water system | CWIA includes mention of program for private well testing and treatment of emerging contaminants | Additional support for private well testing is good; however, this should’ve been backed with an increase to CWIA funding. |
| PFAS in firefighter gear ban | Included | Omitted | Included – adds language to prohibit PFAS, regardless of whether or not they have been intentionally added, in firefighter gear above a certain level determined by DEC starting in 2030 | Included – Beginning in 2028, prohibits intentionally added PFAS or that contains PFAS above a certain level determined by DEC | We are pleased toxic PFAS chemicals will be banned in firefighter gear; however, we urge for monitoring of potential harmful substitutions |
| Climate Resilient Farms Program | $15.25 million | $20 million | $33 million | $19.25 million | Earthjustice strongly supports the increased funding provided for this oversubscribed program that is facing federal funding cuts. |
| Universal Free School Meals | $340 million | $340 million | $340 million | $340 million | Earthjustice supports this policy providing universal school meals for New York’s 2.7 million students, ensuring all children have access to the nutrition they need to succeed. |
| Section 11-a of the soil and water conservation districts law | $17.25 million | $20 million | $17.25 million | $18 million | Earthjustice supports this funding which helps protect soil and water, including support for projects to combat harmful algal blooms |
| Agricultural Waste Management | $1.9 million | $2 million | $1.9 million | $1.9 million | Earthjustice supports funding to better manage and reduce waste from agricultural activities |
| Agricultural non-point source abatement and control projects | $18.5 million | $19.5 million | $18.5 million | $18.5 million | Earthjustice supports this funding for activities that will reduce water pollution from agricultural activities |
| Climate Corporate Data Accountability Act | Not included | Not included | Included, TED Part KKK (S.3456/A.4282) | Omitted | Earthjustice supports this policy and urges passage. |
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