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On December 1, 2025, the Department of Environmental Conservation (DEC) announced that it finalized regulations establishing a Mandatory Greenhouse Gas Reporting Program.

Mandatory Greenhouse Gas Reporting Program Background

As part of her 2025 State of the State address, Gov. Hochul directed the New York State Energy Research and Development Authority (NYSERDA) and DEC to “take steps forward on developing the cap-and-invest program, proposing new reporting regulations to gather information on emissions sources, while creating more space and time for public transparency and a robust investment planning process.” Pursuant to this directive, on March 26, 2025, DEC proposed draft GHG reporting regulations under 6 NYCRR Part 253. The final regulations, issued on December 1, 2025, will become effective 30 days after filing the Notice of Adoption with the Department of State.

Who Is Required to Report?

The final regulations require certain entities to annually report their GHG emissions via the New York State Greenhouse Gas Reporting Tool (NYS e-GGRT), beginning on June 1, 2027, for 2026 emissions.1 Specifically, the regulations require natural gas and liquid fuels suppliers, waste haulers and transporters, electric power entities, agricultural lime and fertilizer suppliers, and other large emissions sources that operate in New York after January 1, 2026, to report and verify their GHG emissions if they exceed certain relevant thresholds. (6 NYCRR Subpart 253-1.2). Some examples of large emission sources required to report include owners and operators of facilities with 25,000 metric tons or more of CO2e per emissions year and coal suppliers, while other sources that may be obligated to report include position holders at terminals owning affected liquid fuels, energy service companies who provide gaseous fuels to end users in New York, operators of interstate pipelines delivering gaseous fuels, importers of compressed natural gas or liquefied natural gas into New York, local distribution companies who are public utility gas corporations or publicly-owned natural gas utilities delivering gaseous fuels, electricity importers and exporters, and petroleum and natural gas systems.

Changes From Proposed Regulations to Final Regulations

As part of the final rulemaking package, DEC announced that based on public comments, it made certain changes to the proposed regulations that are intended to include additional flexibility for the regulated community. These changes include extending the verification reporting deadline for the first two years, changing the reporting requirement from three years to one year for facilities that closed or ceased operations during the emissions reporting year, and clarifying terms and definitions to better align with existing federal GHG reporting requirements.

Regarding this last point, on September 16, 2025, EPA proposed to amend the federal Greenhouse Gas Reporting Program to remove program obligations for most source categories, including the distribution segment of the petroleum and natural gas systems source category (subpart W—Petroleum and Natural Gas Systems), and suspend program obligations for the remaining subpart W segments until reporting year 2034.2 EPA’s proposed regulations, if finalized, might lead to confusion with respect to the aspects of the Part 253 regulations that incorporate the federal regulations by reference. DEC acknowledged the potential need to address this issue in its Regulatory Impact Statement, in stating that “if changes are made by EPA or otherwise at the federal level to reduce or eliminate existing requirements or to make certain information unavailable, then the Department may need to make corresponding changes to Part 253.”

DEC stated in its Assessment of Public Comments that it will provide outreach and technical assistance to reporting entities to aid in compliance with Part 253, which will require data collection related to GHG emissions starting in 2026. DEC also emphasized that the data verification requirements are reasonable because they are used in other reporting jurisdictions. However, in recognition of early verification deadlines, the final regulations extend the compliance dates for the first two years of verification. Verification in the form of statement for reporting 2026 and 2027 emissions, will be due on December 1, 2027, and December 1, 2028, respectively. Beginning with the 2028 emissions reporting, the verification deadline will return to August 10 of each year subsequent to the year of reported emissions.

Key Deadlines

There are several other key deadlines and compliance requirements specified in the final regulations and listed below.

Regulatory ProvisionReference
The department must approve any postponement of calibration or required recalibration beyond January 1, 2026.253-1.4(g)(9)
A written request for postponement must be submitted to the department by July 1, 2026, or not less than 30 days before any subsequent required calibration, recalibration, or inspection date.253-1.4(g)(9)(i)
The operator of an applicable solid and liquid waste management facility or operation must submit an Emissions Monitoring and Measurement Plan (EMMP) proposal to the department no later than September 1, 2026, and by March 1, 2029, and every three years thereafter in a format approved by the department.253-2.20(a)(2)

Conclusion

While the Part 253 reporting regulations do not impose emission reduction requirements, the State’s actions are a necessary first step in doing so. Finalizing these rules may reflect an intent to show progress on climate related actions, following a recent court decision requiring DEC to promulgate climate regulations.

1 While the NYS e-GGRT electronic reporting platform is currently being developed, relevant information on the Mandatory Greenhouse Gas Reporting Program is available here: Mandatory Greenhouse Gas Reporting – NYSDEC. Additionally, DEC estimates that reporting costs result in a low of just over $17,500 and a high of just over $91,000 per facility per year, and verification to be an additional cost of $4,000 annually for the simplest facilities up to $17,000 annually for the most complex facilities and fuel suppliers.

2 90 Fed. Register 44591 (September 16, 2025).

Photo of Steven C. Russo Steven C. Russo

Steven C. Russo chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, environmental permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, toxic tort litigation, environmental crimes, Brownfields redevelopment, government, energy and

…

Steven C. Russo chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, environmental permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, toxic tort litigation, environmental crimes, Brownfields redevelopment, government, energy and the environmental aspects of land use and real estate law. Steven is equally experienced litigating in federal and state courts, as well as counseling his clients with regard to environmental liability risk and due diligence, permitting, Brownfields, and impact assessment and review. He also practices election and campaign finance law.

Prior to joining the firm, Steven was the Chief Legal Officer of the New York State Department of Environmental Conservation. There, he supervised approximately 90 attorneys in Albany, as well as the agency’s nine regional offices. He also supervised the agency’s legislative affairs department and Office of Environmental Justice. At the agency, Steven initiated a reform of the state’s environmental review regulations and assessment forms, completed the issuance of new power plant siting regulations pertaining to environmental justice and carbon emissions and revised the agency’s environmental audit policy.

Steven also serves as election law counsel to a number of New York State and federal campaigns and political parties.

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Photo of Jane McLaughlin Jane McLaughlin

Jane McLaughlin has extensive governmental and legislative experience, having served as Director of Legislative Affairs in the New York Department of Environmental Conservation, Legislative Counsel in the New York State Department of Health, and as Legislative Counsel and Committee Director in the New…

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Photo of Jeshica Patel Jeshica Patel

Jeshica Patel focuses her practice on government, law, and policy matters with a focus on New York State environmental and energy issues. She has deep experience representing government agencies and authorities on environmental, energy, and agriculture matters, and coordinating legal affairs for state…

Jeshica Patel focuses her practice on government, law, and policy matters with a focus on New York State environmental and energy issues. She has deep experience representing government agencies and authorities on environmental, energy, and agriculture matters, and coordinating legal affairs for state agencies including the Department of Environmental Conservation, Office of Parks, Recreation and Historic Preservation, Department of Agriculture and Markets, Department of Public Service, Office of Renewable Energy Siting, New York Power Authority, and New York State Energy Research and Development Authority.

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Photo of Robert M Rosenthal Robert M Rosenthal

Robert (Bob) Rosenthal focuses his practice on environmental and energy law matters, including litigation in federal and state courts, regulatory permitting, and contract negotiations. He represents major companies on matters involving the Public Service Law, the Federal Power Act, the Natural Gas Act,

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Robert (Bob) Rosenthal focuses his practice on environmental and energy law matters, including litigation in federal and state courts, regulatory permitting, and contract negotiations. He represents major companies on matters involving the Public Service Law, the Federal Power Act, the Natural Gas Act, the State Environmental Quality Review Act (SEQRA), and New York’s Tidal and Freshwater Wetland Acts. Robert also handles the governmental, environmental, and energy aspects of land use and real estate transactions. His clients include electric generation facilities (traditional power plants, solar and wind energy), gas pipelines, solid waste landfills, and other energy infrastructure projects.

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Bob served as general counsel for the New York Public Service Commission and Department of Public Service, overseeing more than thirty attorneys and advising on legal matters related to energy, utilities, and telecommunications. He led teams in drafting key PSC orders on renewable energy, transmission planning, and affordability programs, and developed a new utility enforcement unit. Robert also integrated the Office of Renewable Energy Siting into DPS, expanded its authority, and supervised all PSC litigation, preparing commissioners for monthly meetings.

Bob’s experience includes serving as senior counsel in the New York Attorney General’s Environmental Protection Bureau, where he represented the state in major federal and state court cases and handled regulatory enforcement, settlements, and appellate briefs, including landmark Clean Air Act actions. In the Governor’s Counsel’s Office, he advised on energy, environment, and agriculture policy, drafted and negotiated key legislation and budget bills, supervised major litigation, and contributed to strengthening utility oversight and environmental regulations.

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Zackary D. Knaub brings deep New York government experience to his Environmental and Government Law & Policy practices. Prior to joining Greenberg Traurig, Zackary served as Interim Chief Counsel and First Assistant Counsel to Governor Andrew M. Cuomo, and before that, as Assistant…

Zackary D. Knaub brings deep New York government experience to his Environmental and Government Law & Policy practices. Prior to joining Greenberg Traurig, Zackary served as Interim Chief Counsel and First Assistant Counsel to Governor Andrew M. Cuomo, and before that, as Assistant Counsel to the Governor for Energy and the Environment. In these roles, Zackary advised Governor Cuomo and his administration on all legal issues related to executive actions, policies, and legislative initiatives. He coordinated the legal affairs and operations of over 100 State Executive Agencies, State Authorities, Public Benefit Corporations, and boards, and oversaw the day-to-day operations of the Office of the Governor’s Counsel. Zackary managed the development and negotiation of major legislation and gubernatorial initiatives. He supervised negotiations of all legislation in the Governor’s annual $175 Billion state budget and managed outside counsel in litigation. His public relations experience includes advising press and operations staff on crisis management strategies and public messaging of complex legal and policy initiatives.

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