Column: Assemblyman Phil Palmesano

"Superfund Act does nothing but hurt New Yorkers"

ALBANY, Jan. 9, 2025-- For years now, we have had to deal with the effects of the disastrous energy policies put forth by Albany Democrats. Unfortunately, the worst may be yet to come with Gov. Kathy Hochul signing the Climate Change Superfund Act. Since day one, when this was introduced, I have been vocally opposed to it because it will do nothing to actually fight climate change; instead, it will drive more business and families out of New York and result in consumers seeing their bills go up.

Make no mistake, this is an anti-business and anti-consumer law. This law penalizes businesses retroactively that have been abiding by all New York’s laws and regulations and will now force them to pay $3 billion a year for 25 years to offset climate change. That is $75 billion over 25 years that private businesses who produce services benefiting all New Yorkers will have to surrender to the state. With businesses now having an extra cost burden, they will most certainly look to make up those losses by increasing prices on consumers; this is Economics 101. In addition, this sends a terrible and dangerous message to the business community. The very same business community we want and need to stay here, operate here, create jobs here and locate here.

Don’t just take my word for it, In May, Speaker Carl Heastie even acknowledged this by saying: "Asking these companies to pay more, it’s going to be, of course, taken out on the ratepayer."

If Speaker Heastie knew this bill would increase costs for New Yorkers, why did he bring it to the floor? Why did Assembly and Senate Democrats vote for it? And why did the governor sign it? The answer is quite simple. They are beholden to a group of radical progressives who are pushing an extreme Green New Deal energy/climate agenda that is clearly intended to dismantle our affordable and reliable natural gas infrastructure, supply and delivery system. It is intended to eliminate consumer choice on how you heat your home, cook your food, power your buildings and the vehicles you can drive. It will increase costs for New York families and businesses including their monthly heating and utility bills as well as every time they go to the gas station to fill their tanks. This, all in the midst of the affordability crisis that is impacting all New Yorkers. Governor Hochul and Democrats in Albany should be forced to answer this question: “How much of an increase is acceptable to them for New York families and businesses to have to pay when they fill their gas tanks or heat their home?” Because make no mistake about it, these prices are and will continue to increase for New York consumers.

If that wasn’t bad enough, it seems this law may be unconstitutional by violating the taking clause, due process clause, ex post facto clause and the commerce clause. It is almost certain to be challenged in court.

I trust our court system will take a detailed look into this law and will come out with a fair, informed ruling. However, we cannot rely entirely on the courts. We must continue to stand up against this radical energy/climate agenda, like the costly Green New Deal, being advanced in New York. As legislators, we have an obligation to fight and advocate for policies that help improve the quality of life of the constituents we represent. I will continue to fight and advocate for an energy policy that is feasible, protects energy choice and will make energy more affordable and reliable for New York families and businesses. I will also continue to speak out against and oppose radical and costly energy/climate policies like the Climate Change Superfund Act, The HEAT Act, the electric school bus mandate and other green energy mandates that are being forced upon New York families and businesses. These policies are anti-business, anti-consumer and are the driving factor in New York’s nation-leading outmigration. We can, and must, do better!