Cap-and-trade returns: NY plans to force big oil to ‘invest’ in ‘green’ by paying for emissions


In her State of the State address Tuesday, New York Democratic Gov. Kathy Hochul is expected to lay out her “Cap & Invest” anti-pollution program that critics warn will cause gasoline and utility costs to soar in the already fossil-fuel-averse state.

The plan seeks to reduce emissions by levying companies for their greenhouse gas outputs and investing that money into initiatives like retrofitting buildings to run on green electric power.

A “cap” refers to the limit of greenhouse gas emissions that is imposed by a state. The “cap” is often projected to decrease each year in order to meet climate change prevention goals.

The state then can set up an auction to let energy companies bid on pollution-weight-based “allowances” – the proceeds from which can be invested by the government in “green” initiatives, according to New York Focus.

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New York drivers could see more pain at the pump from such a proposal, according to critics like the nonpartisan group Upstate United, which advocates for boosting upstate New York’s economy. 

The AAA average gas price in New York sits at $3.14/gallon – comparable to most of the surrounding states except Pennsylvania – which usually remains higher than the rest of the Northeast due to its nationally-third-highest gas tax.

A Hochul spokesman told the New York Post that the governor is “focused on lowering the cost of living, putting money back in New Yorkers’ pockets with refunds, tax credits and more.”

Since Democrats took the executive reins from term-limited GOP Gov. George Pataki in 2007 and have held them without interruption, the Empire State has progressively restricted energy exploration in the state. 

The trend began with Gov. David Paterson’s 2010 “timeout” on hydraulic fracturing for natural gas that effectively remains to this day. 

The “Marcellus Shale” range is named for a town in New York – but any fracking activity since that time has occurred on the Pennsylvania end of the deposits.

State Sen. Tom O’Mara, R-Elmira, represents a district that sits on part of the Marcellus oil shale formation that remains untouchable under state policy.

Natural gas wells dot the countryside in neighboring Bradford and Tioga counties just to the south in Pennsylvania, but the landscape is clear of any signs of exploration to those traversing NY-17 through New York’s Southern Tier only a few miles away.

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oil bradford pa

An oil pumpjack operates in the drive-thru area of a McDonald’s in Bradford, Pennsylvania, on Oct. 6, 2017. (Reuters/Brendan McDermid)

On Monday, O’Mara criticized what he called the latest “radical climate mandate” to be handed down:

“Gov. Hochul and the Albany Democrats are going to keep talking about addressing New York’s affordability crisis. But it’s clear that their actions like Cap and Invest, more aptly called ‘Cap and Tax’… will only keep driving this state into the ground economically,” he said.

In 2014, O’Mara slammed New York’s original decision to ban fracking in his area, saying it “eviscerates the hope of so many Southern Tier farmers, landowners, businesses and potential jobs in the natural gas industry.”

Hochul’s cap-and-tax plan, he said, will only increase the cost of doing business in New York and drive more families and employers out of the state while exacerbating the affordability crisis.

The plan shows the governor is out of touch with New Yorkers, Assembly Minority Leader William Barclay told Fox News Digital.

“The last thing we need is more unworkable environmental policy from Albany that drives costs up and drives residents away. Democrats constantly lecture us about the need for Cap and Invest and other misguided energy policy, but when people are paying more at the pump and can’t afford their heating bills, who benefits?” asked Barclay, R-Oneida.

“It’s our responsibility to make sure New Yorkers have reliable, affordable energy sources – not force consumers to subsidize the green dreams of the liberal environmental lobby.” 

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Gov. Kathy Hochul (Reuters/Cindy Schultz)

In 2021, then-New York Gov. Andrew Cuomo successfully shuttered the massive 2,000MW Indian Point nuclear power generation plant on the Hudson River opposite Haverstraw.

Cuomo cited safety concerns at the time and said “it does not belong… in close proximity to the most densely-populated area in the country.” Critics responded that that area cited – New York City – relied heavily on the power it generated and complained of increased utility bills.

A 2019 law commits New York to net-zero emissions by 2050, according to The New York Times.

Nationally, “Cap & Trade” first entered the American lexicon during the 2008 presidential campaign, when then-Sen. Barack Obama, D-Ill., wooed environmentalists with the idea of taxing entities that release greenhouse gases and affect the atmosphere.



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