Developing New York State’s Economywide
Cap-and-Invest Regulations

Auction Rulemaking

Public input will inform development of the regulations to implement New York’s Cap-and-Invest Program, including the auction of allowance under that program. As a starting point, DEC and NYSERDA invite the public to review the regulation governing California’s economywide program [PDF] (opens in new window) as well as those operating in Quebec (opens in new window) and Washington State (opens in new window). DEC and NYSERDA are interested in hearing what elements of those regulations would work well and what improvements or changes may best serve New York.

Meeting the Climate Act Limit on Greenhouse Gas Emissions (GHG) with a Cap-and-Invest Solution

• All GHG emissions would be accounted for under the State’s program and the cap must reduce at a rate to achieve the statewide GHG emission limits set in law.
• Obligated sources (e.g., large-scale GHG emitters and distributors of heating and transportation fuels) would be required to obtain allowances equal to the GHG emissions associated with their activities. All obligated sources will have a reporting requirement. 
• Non-obligated sources would not be required to obtain allowances, but their GHG emissions would be accounted for in setting the allowance budget. The allowance budget plus the non-obligated emissions would equal the statewide GHG emission cap. Some non-obligated sources may have an emissions reporting obligation.

Directing Climate Act Investments to reduce GHG emissions and support equity and affordability - NYSERDA anticipates developing a regulation covering the auction of allowances to achieve the Climate Act goals of affordability, equity and the just transition to clean energy. The Climate Act directs that a minimum of 35 percent of proceeds and a goal of 40 percent be invested to benefit disadvantaged communities.  

Invitation to Provide Comments on the development of the regulations. DEC and NYSERDA have developed a template document [PDF] to assist commenters in providing feedback on these topics.

DEC and NYSERDA are seeking feedback on the Pre-Proposal Outline [PDF] with preliminary program information released as part of the Second Stage of stakeholder outreach.

Compilation of questions from the First Stage of Pre-Proposal Outreach [PDF].

Submit Comments (opens in new window)

DEC and NYSERDA will review comments and further develop materials to define New York’s program. DEC will send notices to the distribution list when the materials are posted.