New York’s Climate Change Superfund Act

In late December 2024, the Climate Change Superfund Act was signed into law, marking an important change in the way New York State will fund future climate change resiliency projects.

The Superfund Act has a similar architecture to the other Superfund programs nationally and in New York State, which place the burden of cleanup/restoration on the entities responsible for the damages. Put simply, the more climate change-accelerating activities the responsible parties have taken part in, the more they will have to contribute to the fund. The state estimates the costs for the necessary projects listed in the act at around $250 billion USD.

Key Provisions of the Climate Change Superfund Act

• Polluter Pays Principle: The act mandates that major fossil fuel companies contribute to a fund dedicated to climate adaptation projects.
• Funding Allocation: The legislation aims to collect $75 billion over 25 years from responsible parties. These funds will support infrastructure projects designed to bolster New York’s resilience against climate-related challenges, such as flooding and rising temperatures.
• Fee Assessment: Companies will be assessed fees based on their proportional share of greenhouse gas emissions during a specified period. This will ensure that those contributing most to climate change bear a corresponding share of the mitigation costs.

Types of Projects Funded by the Climate Change Superfund Act

1. Flood Mitigation and Stormwater Management: Investments will be made in upgrading stormwater systems to handle increased rainfall and prevent urban flooding. This includes the construction of green infrastructure, such as permeable pavements and green roofs, to absorb and manage stormwater more effectively.
2. Coastal and Wetland Restoration: The fund will support the restoration and preservation of coastal wetlands, which act as natural buffers against storm surges and rising sea levels. These projects aim to protect coastal communities and preserve vital ecosystems.
3. Heat Resilience Initiatives: Projects designed to mitigate the effects of extreme heat in urban areas, such as the creation of urban green spaces and the implementation of cool roofing materials, will be financed to reduce heat-related health risks.
4. Ecosystem Conservation: Projects aimed at preserving and restoring natural ecosystems that provide essential services, such as carbon sequestration and water filtration, will be supported to maintain environmental health and biodiversity.
5. Renewable Energy Infrastructure: While the primary focus is on adaptation, some funds may be directed towards the development of renewable energy projects to reduce future greenhouse gas emissions and promote sustainable energy sources.

These projects are selected based on their potential to reduce vulnerability to climate impacts, protect public health and safety, and prioritize investment in communities disproportionately affected by climate change.

Benefits for New York Residents

The act is poised to generate substantial funding for critical infrastructure projects, enhancing the state’s ability to withstand climate-related events. By holding polluters accountable, the financial burden of climate adaptation will be shifted away from taxpayers. Investments in projects such as coastal wetlands restoration, stormwater drainage system upgrades, and energy-efficient cooling systems will directly benefit communities, particularly those disproportionately impacted by climate change.

How Walden Can Assist

Navigating the implications of the Climate Change Superfund Act requires expertise in environmental regulations and infrastructure planning. Walden’s team is equipped to help municipalities, organizations, and businesses understand the act’s impact and develop strategies to comply with new requirements. We offer services in environmental engineering, consulting, project planning, and regulatory compliance to support you in adapting to these changes.

Contact us today at 516-559-6976 to learn how we can assist you in responding to New York’s evolving environmental landscape.