New York 2025-2026 Regular Session

New York Assembly Bill A10100

Introduced
1/30/26  

Caption

Relates to enacting the climate and community investment act

Summary

A10100 would enact the “Climate and Community Investment Act,” creating a broad statewide framework to price pollution, collect fees from covered emitters, and direct the resulting revenue into multiple climate, equity, and transition programs. The bill would add a new title to the Environmental Conservation Law establishing a “value of pollution and mitigation program,” require the Department of Environmental Conservation to publish a social-cost-of-pollution index for regulated air contaminants, and then impose compliance fees on covered sources based on actual or permitted emissions. It also creates a separate climate pollution fee in the Tax Law on carbon-based fuels and fugitive methane emissions, with fee levels scheduled to rise over time and adjusted based on emissions performance and inflation. The bill would dedicate fee revenue to several new funds and programs, including a community just transition fund, a climate jobs and infrastructure fund, a low-income and small business and household energy rebate fund, and a worker and community assurance fund. These funds would support disadvantaged communities, air monitoring, emissions inventories, transportation pollution reduction, clean energy and infrastructure projects, household rebates, small business tax credits, and transition assistance for workers and communities affected by decarbonization. The bill also adds labor standards for state-assisted clean energy and climate projects, including prevailing wage, project labor agreements in many cases, responsible contractor certifications, apprenticeship requirements, and best-value procurement rules that favor workforce development and community benefits. In addition to the fee-and-rebate structure, the bill would require new planning, reporting, and public participation processes. DEC would have to produce scoping plans for transportation emissions and emissions leakage, update emissions inventories, identify emissions hotspots and cumulative burdens, and report regularly on the effectiveness, costs, and benefits of the program. The bill also directs the state to study community ownership, disadvantaged community needs, and just-transition planning, with repeated public hearings and comment periods across upstate and downstate regions. It further prohibits diversion of dedicated climate revenues to the general fund and bars use of these funds for police, prisons, or related infrastructure. The overall sentiment reflected in the bill’s sponsorship is strongly supportive of aggressive climate policy paired with equity, labor protections, and direct household relief. Although there are no committee transcripts or recorded votes in the provided context, the bill’s structure suggests an emphasis on environmental justice, worker transition, and public investment rather than a narrow emissions-control approach. The inclusion of rebates, small business credits, and transition funding appears designed to address affordability concerns and broaden political support. The main points of contention likely to arise from the bill are the size and scope of the new fees, the administrative complexity of implementing multiple overlapping programs, and the potential cost impacts on fuel users, regulated industries, and energy-intensive businesses. The bill anticipates those concerns by including leakage mitigation, border carbon adjustment concepts, exemptions for de minimis sources, and rebate mechanisms for households and small businesses. Labor provisions, prevailing wage rules, and project labor agreement requirements may also draw scrutiny from contractors or business groups, while the prohibition on funding police and prisons and the strong earmarking of revenues may be contested by fiscal and executive-branch stakeholders.

Impact

The bill would substantially amend the Environmental Conservation Law, Executive Law, Labor Law, and Tax Law by creating new pollution-pricing, revenue-allocation, labor-standards, and rebate frameworks. It would establish new state-administered funds and programs, impose new fees on emissions and carbon-based fuels, require new DEC methodologies, inventories, scoping plans, and reports, and set mandatory spending rules for climate, community, and worker transition purposes. It would also affect regulated emitters, fuel vendors, utilities, contractors on state-assisted projects, households, and small businesses through new compliance obligations, labor requirements, and offsetting rebates or tax credits.

Sentiment

The bill’s apparent sentiment is broadly pro-climate-action and pro-equity, with a strong emphasis on using pollution pricing to fund community investment, worker protections, and household relief. The bill is framed as a just-transition measure rather than a pure regulatory burden, and its many earmarks, hearings, and reporting requirements indicate an effort to make the policy more acceptable to affected communities and labor stakeholders. No recorded votes or committee testimony were provided, so there is no direct evidence of opposition or support beyond the bill text itself.

Contention

Likely areas of contention include the new fees on carbon-based fuels and emissions, the administrative burden of calculating pollution costs and managing multiple funds, and the potential effect on energy prices and business costs. Regulated entities and trade-exposed industries may object to the fee structure and reporting requirements, while labor and environmental justice advocates are likely to support the prevailing wage, project labor agreement, and disadvantaged-community investment provisions. Fiscal stakeholders may also dispute the bill’s strict dedication of revenues and its prohibition on diverting funds to the general fund or to police and prison-related uses.

Companion Bills

NY S03346

Same As Enacts the climate and community investment act; prioritizes the allocation of public investments in disadvantaged communities; addresses climate change challenges through the expansion and growth of clean and renewable energy sources; adopts best value requirements for the solicitation, evaluation and award of renewable energy projects; establishes a community just transition program; establishes a climate pollution fee and a household and small business energy rebate; creates the climate and community investment authority.

Similar Bills

No similar bills found.