March 1, 2021

The Honorable Andrew M. Cuomo Governor, State of NYS State Capitol Building Albany, NY 12224

Dear Governor Cuomo,

In 2019, a vast majority of the Council came together to vote in favor of New York City’s ‘Climate Mobilization Act’, a legislative package which included a first-of-its-kind regulation that cuts carbon emissions from the city’s largest source: large buildings over 25,000 square feet. Local Law 97 represents the kind of bold, aggressive action we need in order to adequately confront the climate crisis. In fact, a large swath of the country recently suffered an arctic outbreak that grinded utilities to their breaking point and took human life. Extreme weather like this was previously considered a once in a generation phenomenon. Scientists now tell us to prepare for this as our new normal, unless we dramatically change course. New York has always followed science. It’s for that very reason that the 2019 Climate Leadership and Community Protection Act set out its own bold target to reduce greenhouse gas emissions by 85% by the year 2050.

Local Law 97 places carbon caps on large buildings, leading to cleaner air and an explosion of new jobs and businesses in energy efficiency and clean technology industries. That is why we write now in strong opposition to the Part R TED bill language in the proposed Executive Budget. This proposal will allow countless building owners to purchase “Tier 2” Renewable Energy Credits (RECs), rather than make much-needed energy efficiency upgrades to their aging and polluting buildings. This proposal, if enacted, would effectively cancel the coming benefits to air quality, emissions reductions, and job creation which led us to enthusiastically fight for and support the City’s law.

The Part R language in the TED bill allows big building owners to delay these critical efficiency upgrades in order to save money in the short term. This is the wrong path to take at this important juncture, and the state budget is not the place to relitigate this matter. The City’s law was developed over many years in close coordination with the Mayor’s Office, city agencies, and advocates and experts. Enforcement is being overseen by skilled administrators who are laying out reasonable and achievable limits on emissions, and laying out alternative pathways to compliance for buildings that can reasonably show hardship. An Advisory Board created by the law is also hard at work on many detailed areas of regulation involved in implementing the law.

We worked hard to build consensus and enthusiasm for Local Law 97 in the face of staunch real estate opposition and misinformation. Ultimately, a majority of our legislative body came together, nearly unanimously, to vote in support of making New York City a leader in building energy efficiency. Our colleagues voted for clean air, improved living and work spaces, and the creation of tens of thousands of jobs in construction, design, architecture, and maintenance for members of our community, especially in communities of color which have been disproportionately hurt by pollution and disinvestment.

Finally, after the incredibly painful year that we’ve had, it’s been made clear that public health and environmentalism is undeniably intertwined. COVID-19 dealt us many blows, but it didn’t hit every community equally. The hardest struck were those who already suffered from diseases exacerbated by polluted air. Environmental justice neighborhoods where folks live in the shadow of power plants and highways, or in old buildings still running on the cheapest and dirtiest fuel oil, those are the places that suffered the heaviest losses. Scaling back our climate laws is the opposite of how we should rebuild from COVID.

We urge you to remove the Part R language from any future budget proposals, whether originating from the Executive or either house. With so many important issues to consider during this year’s budget negotiations, weakening the nation’s leading local climate law should be off the table. As we look to rebound from a year-long recession and pandemic, we should be looking to strengthen and replicate Local Law 97 in order to create pathways to new jobs and industries and make the green economy part of our City and State’s recovery.

Sincerely,

Costa Constantinides, 22nd District , 2nd District

Corey Johnson, 3rd District , 1st District Adrienne Adams, 28th District , 6th District

Jimmy Van Bramer, 26th District , 34th District

Darma Diaz, 37th District Keith Powers, 4th District

Stephen Levin, 33rd District , 39th District

Carlos Menchaca, 38th District , 35th District

Farah Louis, 45th District Ydanis Rodriguez, 10th District

CC: New York State Senate Majority Leader Andrea Stewart-Cousins CC: New York State Assembly Speaker Carl Heastie