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The Empire State just passed legislation to try to live up to its climate goals. Will other states follow?
The Empire State took a big leap toward a carbon-free future this week.
Late Tuesday night, after more than a month of negotiations, the New York state legislature passed a $229 billion budget, enacting three major climate policies in the process. The legislation will not only give teeth to ambitious emissions targets the state established four years ago, but it also forms a sort of blueprint for state-level clean energy transitions around the country.
New York passed a law setting up targets to cut emissions across its economy back in 2019 when Andrew Cuomo was governor. But it didn’t stipulate how the state was supposed to achieve them. Instead, the law set in motion a multi-year process for state leaders and appointed advisors to work out the best path forward. The group’s findings were finally published in December, and two of the climate policies enacted this week — a ban on natural gas in new buildings and a cap-and-invest program — are key recommendations from that document. The third, which creates a new avenue for publicly-owned renewable energy projects, was not part of that plan, but was born out of a vigorous, four-year grassroots campaign by the Democratic Socialists of America.
New York’s budget deal won’t fill in all the gaps in its strategy to decarbonize. But it does accomplish a number of big and essential first steps, like limiting the growth of natural gas and developing sources of funding to pay for the transition. About half of the country has enacted greenhouse gas reduction targets, but few states have put in place the policies to achieve them.
Below, a look at New York’s three big climate moves and why they could be a model for other states looking to live up to their own climate goals.
Buildings are by far the largest contributor to climate change in New York, accounting for 32% of the state’s greenhouse gas emissions. They are also an exceedingly hard source to tackle, as those emissions come from a bunch of long-lived appliances like natural gas heating systems, stoves, and clothes dryers. But electric alternatives, which can be powered by renewable energy, are readily available. One easy first step any state can take is to stop the problem from getting worse by requiring that new buildings forego fossil fuels.
A few municipalities in the Empire State, like New York City and Ithaca, have already enacted bans on fossil fuel-burning appliances in new buildings. Now, Governor Kathy Hochul is set to pass a similar state-wide ban that will begin to go into effect in 2026. This is a year later than what was recommended by the state’s climate plan. But it will still send a powerful message that gas is no longer a growth industry in one of the biggest economies in the U.S.
“It is very, very clear now what the direction of travel is,” Pete Sikora, climate and inequality campaigns director of New York Communities for Change, a grassroots organization, told me. “That’s a monumental shift, as I see it, from an earlier environment, where Democrats were mouthing that ‘gas is a bridge fuel to the future.’ We’ve blown up that bridge. That bridge is collapsing into a ravine.”
While a few other states, like California and Washington, have effectively done the same thing via changes to their building codes, New York is the first state to build enough political support to cut off gas growth through its legislature. Jonny Kocher, a manager for the Carbon-Free Buildings Program at the clean energy group RMI, told me he anticipates that New York’s approach will have fewer exemptions than other states, and expects California and Washington to follow suit with legislation in order to strengthen their own policies. Washington State is currently facing a lawsuit for sidestepping the legislature.
Kocher said a gas ban isn’t necessarily a step that all states need to take in order to limit emissions from new buildings. The latest electric appliances, like heat pumps, are more efficient than gas-burning boilers or furnaces, and all-electric new construction will save consumers money in many parts of the country, so many states will move in this direction anyway. “We believe that states with existing (or new) energy efficiency goals will inevitably shift towards an all-electric code because it is simply the least expensive pathway to reach those energy efficiency goals,” he said in an email.
Implementation of New York’s climate plan has been somewhat piecemeal to date. Like many states, New York has a clean energy standard that requires utilities to buy an increasing amount of renewable energy each year. It also participates in a regional effort to cut emissions from power plants. That program raises some money for clean energy programs, like energy efficiency and electric vehicle rebates.
But while these policies are serving to clean up New York’s grid, they leave out other parts of the economy that also produce emissions, like fuel suppliers, natural gas utilities, and industrial facilities. The state has also failed to figure out how to pay for its energy transition, which is estimated to cost some $300 billion over the next 30 years. To address both of these gaps, Hochul announced in January that New York will establish a cap-and-invest program like those used by California and Washington State. The legislation passed this week fleshes out the “invest” side of the plan.
Cap-and-invest is similar to a price on carbon, and is often called a “polluter pays” program. Companies with big carbon footprints will have to purchase permits to pollute, and the number of permits available will shrink over time to ensure that the state hits its emissions targets.
These programs are complex and notoriously hard to implement well. Policy experts and environmental justice advocates have criticized California’s program for giving companies too much leeway to purchase carbon offsets instead of reducing their pollution, and for auctioning off more permits than needed.
Many of the details in New York have yet to be worked out. But the budget deal ensures that at least 30% of the proceeds raised by the program will be returned to New Yorkers to offset higher costs that may result from it. The rest will go into a climate action fund to pay for all kinds of clean energy projects and incentives.
A growing number of climate advocates are starting to unite around a more radical vision for the transition to clean energy — a shift toward publicly-owned power. Some consider it a key tenet of the Green New Deal, others just see it as a way to bring more accountability to energy companies. Utilities have historically been some of the biggest obstructors of climate action. Proponents argue that publicly-owned utilities would be better equipped to usher in the energy transition since they aren’t beholden to shareholders and can prioritize clean energy and equity over profit.
“If you’re leaving it up to the market, you can create incentives, but you have less power over where this energy is sited, who is benefitting,” said Johanna Bozuwa, executive director of the Climate and Community project.
In New York, advocates discovered that they had a “sleeping giant” in the New York Power Authority. The state-owned utility operates several big hydroelectric dams and a number of fossil fuel power plants, but its ability to build and operate solar and wind projects was severely curtailed under statute. After a four year push, and the election of a slew of DSA candidates into the legislature, the public power movement successfully pressured Hochul into changing that.
The budget deal mandates strong labor standards for any new generation built and also instructs NYPA to retire its fossil fuel plants by 2030, five years earlier than previously planned.
It remains to be seen whether authorizing NYPA to build will actually result in it using that authority. But the odds are better than they were a year ago, thanks to the Inflation Reduction Act. The law made a key change to the country’s clean energy tax credits, allowing public institutions and nonprofits to claim them for the first time. Bozuwa told me that this means other states will be looking at what happens in New York and could follow its lead.
“Not every state has a NYPA, but I think that people will look to NYPA and say, ‘oh, my gosh, we could be doing that too,’” she said. “Because there’s so much money flowing in, this is the perfect time for states or even municipalities to start to develop a renewable energy generation fleet.”
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Republicans Mark Amodei of Nevada and Celeste Maloy of Utah introduced the measure late Tuesday night.
Late last week, the House Committee on Natural Resources released the draft text of its portion of the Republicans’ budget package. While the bill included mandates to open oil and gas leasing in Alaska’s Arctic National Wildlife Refuge, increase logging by 25% over 2024’s harvest, and allow for mining activities upstream of Minnesota’s popular Boundary Waters recreation area, there was also a conspicuous absence in its 96 pages: an explicit plan to sell off public lands.
To many of the environmental groups that have been sounding the alarm about Republicans’ ambitions to privatize federal lands — which make up about 47% of the American West — the particular exclusion seemed almost too good to be true. And as it turned out in the bill’s markup on Tuesday, it was. In a late-night amendment, Republican Representatives Mark Amodei of Nevada and Celeste Maloy of Utah introduced a provision to sell off 11,000 acres in their states.
The maneuver, which came at nearly midnight, left many Democrats and environmental groups deeply frustrated by the lack of transparency. “The rushed and last-minute nature of this amendment introduction means little to no information is available,” including “maps or parcel information, amendment text, CBO Score, etc.,” the Southern Utah Wilderness Alliance said in a statement Wednesday.
House lawmakers appeared still to be at odds during a Wednesday morning press conference to announce the creation of a Bipartisan Public Lands Caucus. Rather than putting on the united front suggested by the working group’s name, former Secretary of the Interior and Montana Republican Ryan Zinke argued in defense of the amendment, saying, “A lot of communities are drying up because they’re looking to public land next door and they can’t use it.” Michigan Democrat Debbie Dingell then took the mic to say, “I would urge all of us that the hearings — it’s not done in the dead of night, and that we have good, bipartisan discussions with everybody impacted at the table.”
Despite the cloak-and-dagger way Republicans introduced the amendment, there are several clues as to what exactly Amodei and Maloy are up to. Republican Senator Mike Lee of Utah has aggressively pushed for the sell-off of public lands, including introducing the Helping Open Underutilized Space to Ensure Shelter (HOUSES) Act, which would “make small tracts of [Bureau of Land Management] land available to communities to address housing shortages or affordability.” Critics of the bill have called it the “McMansion Subsidy Act” and have argued — as the Center for Western Priorities’ Kate Groetzinger, does — that it would “do little to address housing issues in major metros like Salt Lake City and the fact that the current housing shortage is due largely to a lack of home construction, not land.” The Center for Western Priorities also contends that it “contains very few restrictions on what can be built on federal public lands that are sold off under the program.” Notably, Lee and Maloy have worked closely together in the past on transferring federal land in Utah to private ownership.
The land singled out in the Tuesday amendment includes BLM and Forest Service parcels in six counties in Utah and Nevada that “had already been identified for disposal by the counties,” Outdoor Life notes. While some land would be sold with “the express purpose of alleviating housing affordability,” the publication notes that “other parcels, including those in southern Utah, don’t have a designated purpose.” As Michael Carroll, the BLM campaign director for the Wilderness Society, warned E&E News, it’s in this way that the bill appears to set “dangerous precedent that is intended to pave the way for a much larger scale transfer of public lands.”
While many Republicans contend that states can better manage public lands in the West than the federal government can (in addition, of course, to helping raise the $15 billion of the desired $2 trillion in deficit reductions across the government to offset Trump’s tax cuts), such a move could also have significant consequences for the environment. Turning over public lands to states — or to private owners — could ease the way for expansive oil and gas development, especially in Utah, where there are ambitions to quadruple exports of fossil fuels from the state’s northeastern corner.
Reducing BLM land could also limit opportunities for solar, wind, and geothermal development; in Utah, the agency has identified some 5 million acres of public land, in addition to 11.8 million acres in Nevada, for solar development. While there are admittedly questions about how much renewable permitting will make it through the Trump BLM, it’s also true that solar development wouldn’t necessarily be the preference of private landowners if the land were transferred.
Tuesday’s markup ultimately saw the introduction of more than 120 amendments, including a Democratic provision that would have prohibited revenue from this bill from being used to sell off public lands, but was easily struck down by Republicans. In the end, Amodei and Maloy’s amendment was the only one the committee adopted. Shortly afterward, the lawmakers voted 26-17 to advance the legislation.
Ecolectro, a maker of electrolyzers, has a new manufacturing deal with Re:Build.
By all outward appearances, the green hydrogen industry is in a state of arrested development. The hype cycle of project announcements stemming from Biden-era policies crashed after those policies took too long to implement. A number of high profile clean hydrogen projects have fallen apart since the start of the year, and deep uncertainty remains about whether the Trump administration will go to bat for the industry or further cripple it.
The picture may not be as bleak as it seems, however. On Wednesday, the green hydrogen startup Ecolectro, which has been quietly developing its technology for more than a decade, came out with a new plan to bring the tech to market. The company announced a partnership with Re:Build Manufacturing, a sort of manufacturing incubator that helps startups optimize their products for U.S. fabrication, to build their first units, design their assembly lines, and eventually begin producing at a commercial scale in a Re:Build-owned factory.
“It is a lot for a startup to create a massive manufacturing facility that’s going to cost hundreds of millions of dollars when they’re pre-revenue,” Jon Gordon, Ecolectro’s chief commercial officer, told me. This contract manufacturing partnership with Re:Build is “massive,” he said, because it means Ecolectro doesn’t have to take on lots of debt to scale. (The companies did not disclose the size of the contract.)
The company expects to begin producing its first electrolyzer units — devices that split water into hydrogen and oxygen using electricity — at Re:Build’s industrial design and fabrication site in Rochester, New York, later this year. If all goes well, it will move production to Re:Build’s high-volume manufacturing facility in New Kensington, Pennsylvania next year.
The number one obstacle to scaling up the production and use of cleaner hydrogen, which could help cut emissions from fertilizer, aviation, steelmaking, and other heavy industries, is the high cost of producing it. Under the Biden administration, Congress passed a suite of policies designed to kick-start the industry, including an $8 billion grant program and a lucrative new tax credit. But Biden only got a small fraction of the grant money out the door, and did not finalize the rules for claiming the tax credit until January. Now, the Trump administration is considering terminating its agreements with some of the grant recipients, and Republicans in Congress might change or kill the tax credit.
Since the start of the year, a $500 million fuel plant in upstate New York, a $400 million manufacturing facility in Michigan, and a $500 million green steel factory in Mississippi, have been cancelled or indefinitely delayed.
The outlook is particularly bad for hydrogen made from water and electricity, often called “green” hydrogen, according to a recent BloombergNEF analysis. Trump’s tariffs could increase the cost of green hydrogen by 14%, or $1 per kilogram, based on tariff announcements as of April 8. More than 70% of the clean hydrogen volumes coming online between now and 2030 are what’s known as “blue” hydrogen, made using natural gas, with carbon capture to eliminate climate pollution. “Blue hydrogen has more demand than green hydrogen, not just because it’s cheaper to produce, but also because there’s a lot less uncertainty around it,” BloombergNEF analyst Payal Kaur said during a presentation at the research firm’s recent summit in New York City. Blue hydrogen companies can take advantage of a tax credit for carbon capture, which Congress is much less likely to scrap than the hydrogen tax credit.
Gordon is intimately familiar with hydrogen’s cost impediments. He came to Ecolectro after four years as co-founder of Universal Hydrogen, a startup building hydrogen-powered planes that shut down last summer after burning through its cash and failing to raise more. By the end, Gordon had become a hydrogen skeptic, he told me. The company had customers interested in its planes, but clean hydrogen fuel was too expensive at $15 to $20 per kilogram. It needed to come in under $2.50 to compete with jet fuel. “Regional aviation customers weren’t going to spend 10 times the ticket price just to fly zero emissions,” he said. “It wasn’t clear to me, and I don’t think it was clear to our prospective investors, how the cost of hydrogen was going to be reduced.” Now, he’s convinced that Ecolectro’s new chemistry is the answer.
Ecolectro started in a lab at Cornell University, where its cofounder and chief science officer Kristina Hugar was doing her PhD research. Hugar developed a new material, a polymer “anion exchange membrane,” that had potential to significantly lower the cost of electrolyzers. Many of the companies making electrolyzers use designs that require expensive and supply-constrained metals like iridium and titanium. Hugar’s membrane makes it possible to use low-cost nickel and steel instead.
The company’s “stack,” the sandwich of an anode, membrane, and cathode that makes up the core of the electrolyzer, costs at least 50% less than the “proton exchange membrane” versions on the market today, according to Gordon. In lab tests, it has achieved more than 70% efficiency, meaning that more than 70% of the electrical energy going into the system is converted into usable chemical energy stored in hydrogen. The industry average is around 61%, according to the Department of Energy.
In addition to using cheaper materials, the company is focused on building electrolyzers that customers can install on-site to eliminate the cost of transporting the fuel. Its first customer was Liberty New York Gas, a natural gas company in Massena, New York, which installed a small, 10-kilowatt electrolyzer in a shipping container directly outside its office as part of a pilot project. Like many natural gas companies, Liberty is testing blending small amounts of hydrogen into its system — in this case, directly into the heating systems it uses in the office building — to evaluate it as an option for lowering emissions across its customer base. The equipment draws electricity from the local electric grid, which, in that region, mostly comes from low-cost hydroelectric power plants.
Taking into account the expected manufacturing cost for a commercial-scale electrolyzer, Ecolectro says that a project paying the same low price for water and power as Liberty would be able to produce hydrogen for less than $2.50 per kilogram — even without subsidies. Through its partnership with Re:Build, the company will produce electrolyzers in the 250- to 500-kilowatt range, as well as in the 1- to 5-megawatt range. It will be announcing a larger 250-kilowatt pilot project later this year, Gordon said.
All of this sounded promising, but what I really wanted to know is who Ecolectro thought its customers were going to be. Demand for clean hydrogen, or the lack thereof, is perhaps the biggest challenge the industry faces to scaling, after cost. Of the roughly 13 million to 15 million tons of clean hydrogen production announced to come online between now and 2030, companies only have offtake agreements for about 2.5 million tons, according to Kaur of BNEF. Most of those agreements are also non-binding, meaning they may not even happen.
Gordon tied companies’ struggle with offtake to their business models of building big, expensive, facilities in remote areas, meaning the hydrogen has to be transported long distances to customers. He said that when he was with Universal Hydrogen, he tried negotiating offtake agreements with some of these big projects, but they were asking customers to commit to 20-year contracts — and to figure out the delivery on their own.
“Right now, where we see the industry is that people want less hydrogen than that,” he said. “So we make it much easier for the customer to adopt by leasing them this unit. They don’t have to pay some enormous capex, and then it’s on site and it’s producing a fair amount of hydrogen for them to engage in pilot studies of blending, or refining, or whatever they’re going to use it for.”
He expects most of the demand to come from industrial customers that already use hydrogen, like fertilizer companies and refineries, that want to switch to a cleaner version of the fuel, or hydrogen-curious companies that want to experiment with blending it into their natural gas burners to reduce their emissions. Demand will also be geographically-limited to places like New York, Washington State, and Texas, that have low-cost electricity available, he said. “I think the opportunity is big, and it’s here, but only if you’re using a product like ours.”
On coal mines, Energy Star, and the EV tax credit
Current conditions: Storms continue to roll through North Texas today, where a home caught fire from a lightning strike earlier this week • Warm, dry days ahead may hinder hotshot crews’ attempts to contain the 1,500-acre Sawlog fire, burning about 40 miles west of Butte, Montana• Severe thunderstorms could move through Rome today on the first day of the papal conclave.
The International Energy Agency published its annual Global Methane Tracker report on Wednesday morning, finding that over 120 million tons of the potent greenhouse gas were emitted by oil, gas, and coal in 2024, close to the record high in 2019. In particular, the research found that coal mines were the second-largest energy sector methane emitter after oil, at 40 million tons — about equivalent to India’s annual carbon dioxide emissions. Abandoned coal mines alone emitted nearly 5 million tons of methane, more than abandoned oil and gas wells at 3 million tons.
“Coal, one of the biggest methane culprits, is still being ignored,” Sabina Assan, the methane analyst at the energy think tank Ember, said in a statement. “There are cost-effective technologies available today, so this is a low-hanging fruit of tackling methane.” Per the IEA report, about 70% of all annual methane emissions from the energy sector “could be avoided with existing technologies,” and “a significant share of abatement measures could pay for themselves within a year.” Around 35 million tons of total methane emissions from fossil fuels “could be avoided at no net cost, based on average energy prices in 2024,” the report goes on. Read the full findings here.
Opportunities to reduce methane emissions in the energy sector, 2024
IEA
The Environmental Protection Agency told staff this week that the division that oversees the Energy Star efficiency certification program for home appliances will be eliminated as part of the Trump administration’s ongoing cuts and reorganization, The Washington Post reports. The Energy Star program, which was created under President George H.W. Bush, has, in the past three decades, helped Americans save more than $500 billion in energy costs by directing them to more efficient appliances, as well as prevented an estimated 4 billion metric tons of greenhouse gas from entering the atmosphere since 1992, according to the government’s numbers. Almost 90% of Americans recognize its blue logo on sight, per The New York Times.
President Trump, however, has taken a personal interest in what he believes are poorly performing shower heads, dishwashers, and other appliances (although, as we’ve fact-checked here at Heatmap, many of his opinions on the issue are outdated or misplaced). In a letter on Tuesday, a large coalition of industry groups including the Air-Conditioning, Heating, and Refrigeration Institute, the Association of Home Appliance Manufacturers, and the U.S. Chamber of Commerce wrote to EPA Administrator Lee Zeldin in defense of Energy Star, arguing it is “an example of an effective non-regulatory program and partnership between the government and the private sector. Eliminating it will not serve the American people.”
House Speaker Mike Johnson suggested that the electric vehicle tax credit may be on its last legs, according to an interview he gave Bloomberg on Tuesday. “I think there is a better chance we kill it than save it,” Johnson said. “But we’ll see how it comes out.” He estimated that House Republicans would reveal their plan for the tax credits later this week. Still, as Bloomberg notes, a potential hangup may be that “many EV factories have been built or are under construction in GOP districts.”
As we’ve covered at Heatmap, President Trump flirted with ending the $7,500 tax credit for EVs throughout his campaign, a move that would mark “a significant setback to the American auto industry’s attempts to make the transition to electric vehicles,” my colleague Robinson Meyer writes. That holds true for all EV makers, including Tesla, the world’s most valuable auto company. However, its CEO, Elon Musk — who holds an influential position within the government — has said he supports the end of the tax credit “because Tesla has more experience building EVs than any other company, [and] it would suffer least from the subsidy’s disappearance.”
Constellation Energy Corp. held its quarterly earnings call on Tuesday, announcing that its operating revenue rose more than 10% in the first three months of the year compared to 2024, beating expectations. Shares climbed 12% after the call, with Chief Executive Officer Joe Dominguez confirming that Constellation’s pending purchase of natural gas and geothermal energy firm Calpine is on track to be completed by the end of the year, and that the nuclear power utility is “working hard to meet the power needs of customers nationwide, including powering the new AI products that Americans increasingly are using in their daily lives and that businesses and government are using to provide better products and services.”
But as my colleague Matthew Zeitlin reported, Dominguez also threw some “lukewarm water on the most aggressive load growth projections,” telling investors that “it’s not hard to conclude that the headlines are inflated.” As Matthew points out, Dominguez also has some reason to downplay expectations, including that “there needs to be massive investment in new power plants,” which could affect the value of Constellation’s existing generation fleet.
The Rockefeller Foundation aims to phase out 60 coal-fired power plants by 2030 by using revenue from carbon credits to cover the costs of closures, the Financial Times reports. The team working on the initiative has identified 1,000 plants in developing countries that would be eligible for the program under its methodology.