On Dec. 1, 2025, the New York State Department of Environmental Conservation (DEC) finalized regulations establishing a Mandatory Greenhouse Gas (GHG) Reporting Program under 6 NYCRR Part 253. This rule implements a key provision of the Climate Leadership and Community Protection Act (CLCPA), which mandates aggressive statewide GHG reductions — 40 percent by 2030 and 85 percent by 2050 from 1990 levels. The rule aims to build a comprehensive emissions database to help meet the state’s CLCPA goals.
While the regulatory program was a requirement of the CLCPA, directing DEC to compile accurate emissions data for large-quantity GHG generators, DEC also took the action to meet the northeast Regional Greenhouse Gas Initiative’s (RGGI) requirement that member states track and report CO2 emissions from large (25+ MW) fossil fuel-fired power plants. Furthermore, it appears that Gov. Kathy Hochul’s administration took the action in response to the Trump administration’s dismantling of the EPA’s GHG Reporting Program, an action that again places individual states in the role as primary enforcers of climate change regulations.
With the adoption of the regulation, New York becomes the third state to require GHG emissions reporting. The newly promulgated rule shares a number of similarities with California’s Mandatory Reporting of Greenhouse Gas Emissions Rule. DEC released draft Regulations in March 2025, drawing over 3,000 public comments, leading to adjustments, such as extended verification deadlines.
Who Must Report
Entities emitting at least 10,000 metric tons of CO₂ annually, including power plants, industrial facilities, landfills, waste-to-energy facilities, anaerobic digesters, fuel suppliers and waste haulers transporting emissions-generating waste out of state are subject to the reporting requirements, which requires the first annual submission on June 1, 2027 (reporting the prior calendar year’s GHG emissions). The regulations require reporting of GHG emissions data, including stationary combustion, fugitive emissions and upstream emissions for certain sectors. Third-party verification is required for some facilities, with initial verification deadlines being extended for two years.
Purpose
At this point, the regulations only require data collection; there are no immediate emission reduction obligations or provisions for allowance purchases. However, this reporting will underpin future regulatory programs, including potential carbon-pricing mechanisms, likely setting the stage for a RGGI-like allowance auction framework.
Implications for Large Emitters
The regulations will introduce a new compliance burden, as entities must establish robust
monitoring and recordkeeping systems now to ensure accurate reporting by 2027. Furthermore, while the current rule does not impose reduction mandates, reported data will likely inform future emission caps, trading programs and enforcement actions. Finally, emissions data will be publicly accessible, increasing reputational and Environmental, Social, and Governance (ESG) scrutiny.
Potential Enforcement and Penalties
Failure to comply with DEC’s reporting requirements can trigger enforcement under ECL Article 19, which provides for administrative penalties. Minor violations will be addressed under DEC’s DAR-23 Policy, and significant violations will be calculated under Policy DAR-24. Civil penalties ranging from $500 to $18,000 can be imposed for first-time violations, with increased penalties for subsequent violations.
Comparison with Neighboring States
Effective next year, Massachusetts will require GHG reporting for large entities and fuel
suppliers under its Clean Heat Standard. Connecticut and New Jersey currently require power
plants to monitor and report CO₂ emissions, and New Jersey is advancing a program focused on
consumption-based inventories.
Best Practices for Compliance
- Early Readiness: Begin preparations for emissions tracking for 2026 now; integrate with existing EPA Part 98 reporting where possible.
- Data Management System: Use DEC’s NYS GHG Reporting Tool (NYS e-GGRT) and prepare for the new GHG reporting platform.
- Third-Party Verification Planning: Identify qualified verifiers and budget for verification costs.
- Cross-Functional Coordination: Engage experienced environmental, legal and finance teams to align compliance with ESG reporting and CLCPA obligations.
- Stay Informed: Monitor NYSDEC guidance, webinars and FAQs.
Harris Beach Murtha’s Environmental and Mass Torts and Industry-Wide Litigation practice groups are watching this and related matters to bring clients up-to-date developments. If you need assistance with development or energy-related matters, please reach out to attorney Gene J. Kelly at (518) 701-2740 and gkelly@harrisbeachmurtha.com; attorney Abbie Eliasberg Fuchs at (212) 313-5408 and afuchs@harrisbeachmurtha.com; attorney Alfred E. Smith Jr. at (203) 772-7722 and asmith@harrisbeachmurtha.com; attorney Alessandra G. Ash at (212) 912-3518 and aash@harrisbeachmurtha.com; attorney Daniel R. Strecker at (212) 912-3513 and dstrecker@harrisbeachmurtha.com; or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York state in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains, as well as in Boston, Massachusetts, and Newark, New Jersey.
