New York accused of 'gamesmanship' over Climate Superfund Act

And the state is defending the CDPAP contract winner's contact with officials during budget negotiations.

Good afternoon — It’s Wednesday and Punctuation Day.

In today’s CapCon:

• It’s Climate Week in New York City but New York is being accused of “gamesmanship” in court on the Climate Change Superfund Act.

• Here’s the state’s defense to why officials were in contact with Public Partnerships, LLC before the CDPAP contract was awarded.

• The Commission on Ethics and Lobbying in Government will hold its annual public hearing tomorrow.

• A utility company has formed a coalition to oppose a proposed public takeover of energy infrastructure and billing in the Hudson Valley.

• A new bill would prohibit health insurers from paying higher rates to health care providers that they own.

Names in today’s CapCon: Kathy Hochul, Patricia Byrnes, James McDonald, Akiva Shapiro, Michelle Hinchey, Sarahana Shrestha, Jonathan Jacobson

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Hochul on Wednesday (New York Governor’s Office)

🔥 New York accused of ‘gamesmanship’ over climate superfund law

It’s Climate Week in New York City — a time when national and world leaders convene to share strategies on reducing carbon emissions and encouraging renewable energy development.

Gov. Kathy Hochul started the day by convening the U.S. Climate Alliance, a coalition of 24 states that have committed at varying levels to become less dependent on fossil fuels. Those efforts have lowered emissions 24% below 2005 levels, she said.

But she also released more information on how the state intends to spend a $1 billion fund allocated in this year’s state budget for energy and emissions projects.

I hate to be that guy but what Hochul announced actually wasn’t new information. She was just repeating how it was divvied up in the state budget. It’s spelled out in the language exactly as she described it today.

Hochul made a point, though, to say that the coalition should also consider how their actions translate into costs for consumers.

“We can not lose sight of the fact that affordability is critically important,” Hochul said. “I don’t think that was part of the conversation as much as it should have been in the past.”

One initiative Hochul supports that could provide relief to ratepayers is the Climate Change Superfund Act, which she signed into law last year. It’s intended to force companies with historically high carbon emissions to pay the state for that pollution.

The law’s opponents have argued that the cost borne by those companies will be passed on to ratepayers. Its supporters say that revenue will be used to help stop the speed of rising energy costs.

New York may not be able to implement it. The state is facing three federal lawsuits that seek to strike it down, including one in which the federal government accused New York this week of employing “gamesmanship” in its defense.

Advocates before the bill passed in 2024 (Molly Burke/Times Union)

⚖️ ‘Such tactics should not be rewarded,’ DOJ says

A federal judge is currently considering a motion from the U.S. Department of Justice to decide the case in its favor.