The [Green] Capitol Insider - 12.14.2009

NOT Quite READY FOR “DRILL” TIME

As part of Environmental Advocates of New York’s ongoing investigation into how staff and resource shortages at the State’s primary environmental agency impact air and water quality, we’ve turned up some startling facts. Most recently, our research uncovered that the Department of Environmental Conservation (DEC) has insufficient staff not just to monitor water pollution, but also emerging threats to water quality, such as natural gas drilling by means of hydraulic fracturing or “fracking.”

Due to these issues, and a host of others, a coalition of groups including Environmental Advocates, NRDC and others, have called on Governor Paterson to hold off on natural gas drilling until he can be sure New York’s drinking water is protected.

Natural gas drilling is water intensive and requires 2.5 to 8 million gallons of water per well. Fracking also produces salt-laden, toxic wastewater that New York’s treatment plants aren’t prepared to handle. The DEC’s Division of Water will need increased staff and resources to oversee the safe handling and disposal of this industrial waste. But that’s unlikely.

Since 1990, 72 staff positions have been cut at the DEC’s Division of Water, while responsibilities to protect drinking water, fisheries and aquatic habitat have nearly doubled. Click here to read the report.

A hiring freeze and retirement incentives have forced the DEC to do more with less over the past two years. The agency protects water quality by setting standards for dam safety, regulating water pollution from factories and sewage plants, and controlling storm water runoff from construction sites and factory farms. Currently, New York has only nine staff to oversee the safety of 5,663 dams. By the end of the 2009-10 State Fiscal Year, the DEC’s Division of Water will have lost an additional 30 staffers. Permitting natural gas drilling presents new challenges for which the agency isn’t prepared.

And the Deficit Reduction Plan recently agreed to by state leaders won’t help matters by making an across-the-board 11 percent cut to the DEC’s budget.

Additional staff and resources are desperately needed. For instance, one result of DEC staff shortages is the agency’s failure to meet federal requirements for water pollution oversight. Under the Clean Water Act, New York is tasked with protecting water from industrial polluters, sewage treatment plants and runoff by means of the State Pollutant Discharge Elimination System program. However, the permit program is flawed due to staff and resource shortages, leading to a crisis—more than 1,000 polluters have not undergone the federally required five-year review of their permits in more than a decade; some permits have not been reviewed for more than 20 years. In 2008, the DEC was forced to test 94 percent fewer effluent samples than it had in 1990 due to staff shortages.

Without staff to inspect industrial, municipal, construction and farm water discharges, the health of New York’s waters, as well as that of New Yorkers, is at risk. The State needs to dedicate additional resources to the DEC and environmental protection. Without the employees to do the work, water quality cannot be monitored and new contamination from sources such as natural gas drilling cannot be prevented. New York State dedicates hundreds of millions of dollars every year to clean up the State’s legacy of toxic contamination. By dedicating resources to enforce existing laws today, New York can avoid expensive and dangerous situations in the future.

Defending Drinking Water is the third in a series of briefs that takes a detailed look at DEC operations, appropriations and staff levels.

Click here to read more, and listen here.

IT'S (ALMOST) LAST CALL

On December 31^st, the public comment period on draft regulations to guide what may be the greatest environmental threat that New York State has seen in decades—natural gas drilling in the Southern Tier and Catskills—will come to a close. Click here to send your comments to Governor Paterson and Department of Environmental Conservation Commissioner Grannis. Click here to read the draft guide.

R.I.P. JAMESTOWN, NY'S "CLEAN" COAL PLAN

On Friday, December 4^th, the United States Department of Energy announced funding for “clean” coal projects using Carbon Capture and Sequestration (CCS) technology. Three projects received almost $1 billion in federal funds, but a hotly debated proposal in Jamestown, NY, wasn’t among them.

Environmental, health and energy groups have been fighting Jamestown, NY’s dirty “clean” coal plant proposal for years, noting the projected high cost of power from the plant and the fact that the community can meet its energy needs more cheaply and cleanly.

Analyses have concluded that power from the plant would cost between 15 and 20 cents per kilowatt hour. This is far in excess of the cost of alternatives strategies for meeting Jamestown ratepayer’s electric needs. And 90 percent of Jamestown’s ratepayer electric needs are currently met by low-cost hydropower from the New York Power Authority. Thus, the City’s self-generation needs, now met by an older coal plant, represent only a small fraction of its overall load.

The project suffered a series of setbacks this summer. In June, environmentalists prevented project-enabling state legislation drafted by the Paterson Administration from being passed in the State Legislature. In August, it was reported that the project’s principal corporate backer, Praxair, Inc., shifted its support from the Jamestown project to one in Holland, MI.

Click here to read more in the Buffalo News.

Click here to read the coalition’s press release.

MEANWHILE, IN ALBANY

While the national news is full of stories of the global climate summit in Copenhagen and the EPA’s recent endangerment finding regarding global warming pollution (read more here, and here), in Albany the news is all about state lawmakers coming to agreement on the Governor’s Deficit Reduction Plan.

On December 2^nd, lawmakers agreed to about $2.7 billion in budget cuts, including a $90 million raid on revenue generated by New York’s role in the regional plan to reduce climate-altering power plant pollution (the Regional Greenhouse Gas Initiative, or RGGI), a $10 million sweep from the Environmental Protection Fund, and 11 percent cuts to state agencies.

While we understand New York’s dire financial straits, we’re not happy about any of these cuts. New York’s environmental agency is already stretched to the breaking point (see our lead story), the Environmental Protection Fund is behind on its financial commitments, and raiding revenue generated by the nation’s first-ever plan to reduce global warming pollution to plug New York’s budget hole hurts consumers and the environment.

Click here to read about plans to reduce the deficit and here.

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The [Green] Capitol Insider - 11.30.2009

Welcome to Environmental Advocates of New York’s online newsletter from the State Capital, your source for environmental news. We update you every other week with insider news and observations carefully gleaned from the halls of the Capitol.

4^th Special Session is the Charm?

For the last few weeks, members of the New York State Assembly and Senate have traveled to the State Capitol to negotiate and renegotiate plans to reduce the current budget deficit, which according to Governor Paterson stands in excess of $3 billion.

We like some budget-cutting ideas better than others. Fortunately, state lawmakers have not come to agreement on the Governor’s Deficit Reduction Plan, which we don’t like. The Gov’s plan includes swiping $90 million in the state’s energy efficiency funds and a $10 million across-the-top cut to the Environmental Protection Fund.

If you have a spare couple of hours, click here for all the details on deficit reduction.

As lawmakers put a budget deal together, a few additional measures have wound their way through the Legislature. Last week, for instance, lawmakers passed one environmentally beneficial bill this month, read all about it in “On the Bright Side.”


BUDGET CUTS HURT NEW YORK'S ENVIRONMENT, NEW YORKERS' HEALTH

In a series of reports on the state of New York's Department of Environmental Conservation (DEC), Environmental Advocates of New York has uncovered steep declines in resources dedicated to environmental programs. When adjusted for inflation, the DEC's operations budget grew by just over 1 percent during a five-year period while federal funding for environmental programs declined by 25 percent. And despite decreasing support, the federal government establishes about 40 new rules for states to adopt and implement every year.

Our analysis also shows that the DEC is relying more on general tax dollars to support its activities while regulated polluters pay a smaller share. The agency’s overall funding is likely to worsen during the economic recession, as budget cuts, retirement incentives and a hiring freeze are implemented. And although federal stimulus dollars bolstered the DEC’s Division of Forest & Land Resources, these resources were a one-shot deal.

We have some ideas about how to get some new revenue for environmental programs, however, and have identified potential sources of green revenue to support the New York’s primary environmental agency, including increasing polluter fees and closing tax loopholes.

Something in the air.
We’ve discovered that the DEC no longer has sufficient resources to successfully implement the federal Clean Air Act. Funds to support the Act have been cut by nearly 16 percent over the last five years. For almost 30 years, New York has had trouble meeting federal minimum air quality standards for two of the six pollutants identified by the Clean Air Act—ozone and soot. However, the DEC does not have the staff or resources to support this work and hasn’t completed 17 of 30 federally mandated plans to improve New York’s air quality.

So although two statewide plans to control soot have been completed, the major plan to reduce this pollution in the New York City metro area is more than one year overdue. And in order to finalize plans to reduce smog in New York City and Poughkeepsie, the agency must issue seven new state air pollution rules, a process that can take years to complete.

The updated plans are needed. For instance, New York is home to approximately 10,000 backup electric generators. Operated by banks, businesses and hospitals, among others, these backup generators are among the worst polluters, spewing dangerous emissions into the air during periods of peak power demand. Without staff to complete regulations, backup power generators operate with relatively little regulation or oversight. Cleaning up these polluters would go a long way to address air quality problems, especially in New York City.

Even during cooler months, air quality forecasts for New York City have included health advisories for ozone and fine particle pollution. On November 9th, the DEC issued an advisory that the city’s air was unhealthy for sensitive groups.

More hazardous waste + less oversight = public health danger.
In more disturbing news, we’ve also uncovered that the DEC no longer has sufficient resources to adequately inspect large and small hazardous waste generators, despite the fact that half of 2008-09 inspections revealed non-compliance. The agency currently has 620 staff working on hazardous waste issues, the lowest level in five years. At the end of the current fiscal year, the DEC will have only 19 staff to inspect hazardous waste facilities.

Under authority granted by the EPA, the DEC issues permits, conducts site inspections, engages in enforcement activities, and reviews required reports and data from generators and transporters. The EPA records the enforcement and compliance history of all hazardous waste sites and in the past five years has found 37 with "alleged current significant" violations that may pose public health hazards. These include sites in Westbury, Farmingdale, Woodside, Bay Shore, Brooklyn and Yonkers.

Although the number of facilities changes annually, New York State is home to thousands of large and small hazardous waste generators that include manufacturers, hospitals, universities and laboratories.

The result of DEC staff shortages is that although half of all inspections result in violations, only a fraction of hazardous waste handlers are inspected, including: treatment, storage and disposal facilities; large quantity generators (those that generate more than 1,000 kg of waste per month); and small quantity generators (those that generate between 100 and 1,000 kg of waste per month). Of the total number of inspections for 2008-09, the most recent year for which data is available, 525 resulted in violations, meaning that half of inspections revealed non-compliance. If, per DEC records, five percent of all inspections result in a major violation each year, it means that more than 40 facilities across New York State are home to serious deficiencies and are putting the public at risk.

New York has a long history of hazardous waste becoming a public health problem. Outside Syracuse, pesticide manufacturer FMC Middleport was found to have contaminated the local soil, sediment, surface and groundwater with arsenic and inorganic metals at the facility, as well as at a public school and nearby residential areas. Eventually the DEC remediated these areas by removing and replacing the soil. On the shores of Lake Erie in Lackawanna, Bethlehem Steel Corporation contaminated approximately 500 acres across 40 locations with cyanide and other chemicals. This pollution resulted in acid tar pits, blue soil and groundwater contamination. Steps have been taken to contain the pollution since its discovery.

Click here to listen.

ON THE BRIGHT SIDE: ENERGY LOANS
While busy debating the merits of this or that plan to reduce New York State’s deficit, lawmakers in the Assembly and the Senate passed a bill that gives municipalities the power to estab­lish loan programs to finance the purchase and installation of renewable energy systems and energy efficiency measures for property owners.

This bill makes money available to property owners to finance the installation of energy efficiency improvements and renewable energy systems and spread out the payback period, allowing homeowners to offset loan payments through savings on their utility bills.

And home-based clean energy systems and investment in energy efficiency will reduce stress on our aging power grid, allow consumers to hedge against volatile energy costs, and provide environmental, public health and economic benefits. By reducing the demand for power generated by burning fossil fuels, the expansion of residential renewable energy systems and increased investment in energy efficiency technologies will help protect New Yorkers from the harmful effects of air pollution.

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The [Green] Capitol Insider - 11.16.2009

Welcome to Environmental Advocates of New York’s online newsletter from the State Capital, your source for environmental news. We update you every other week with insider news and observations carefully gleaned from the halls of the Capitol.

NEW YORK STATE LEGISLATURE MEETS IN "SPECIAL SESSION"
Governor Paterson called lawmakers back to Albany last week to address New York’s growing budget deficit during a “special” Legislative Session.

Lawmakers managed to act on a few bills, but they didn’t come to agreement on the Governor’s Deficit Reduction Plan. The Gov’s plan still includes swiping $90 million of the state’s energy efficiency funds and cutting the Environmental Protection Fund (EPF) by another $10 million.

The Senate Majority accepted the Governor’s raid on energy monies and added some language to weaken measures meant to reduce particulate pollution from state vehicles. But at least they rejected the EPF cut—and the public knows where the Senate Majority stands. The public hasn’t even seen the full text of the Governor’s plans to reduce the deficit. How’s that for transparency?

Somewhat surprisingly, agreement was reached on a solid energy efficiency bill. The legislation would give municipalities the authority to establish loan programs to finance the purchase and installation of renewable energy systems and energy efficiency measures for property owners. And although this bill got hung up, it appears to be back on track to move this week.

It remains to be seen what else will pop up on the Senate’s agenda: climate change legislation or legislation to require the use of ultra-low sulfur diesel fuel. We expect the circus to return to town today and tomorrow and will be sure to let you know what happens next.

Read more here, and here.

And here, and here.

Click here to tell your representatives in Albany: Hands Off New York’s Energy Fund!

NEW YORKERS HAVE THEIR (JUST) SAY (NO) AT FRACKING HEARINGS
The New York State Department of Environmental Conservation (DEC) has been busy holding public comment sessions on the draft Supplemental Generic Environmental Impact Statement governing natural gas drilling in the Marcellus Shale Formation.

Last week, sessions were held in New York City and outside Binghamton. Corning’s up next on November 18th. And State Senator Antoine Thompson held a roundtable discussion on the potential dangers of hydraulic fracturing, or “fracking” for natural gas while he was in Albany last week.

Speakers on both sides were passionate.

As far as we’re concerned, the draft fails on several fronts. The entire document is based on the false assumption that the DEC has the staff and resources to implement the protections envisioned. Among other critical shortcomings, it doesn’t prohibit drilling in sensitive ecological areas or take into account the cumulative impacts of drilling on water resources.

To protect New York’s water resources, the New York State Legislature needs to come to the rescue and make sure New York State doesn’t end up like looking like some sections of Pennsylvania.

Click here to read the draft Supplemental Generic Environmental Impact Statement.

The comment period on the draft has been extended until December 31^st. Click here if you’d like to send a message to Governor Paterson and DEC Commissioner Pete Grannis.

Read more here.

And here.

And here.

ENVIRONMENTAL ADVOCATES OF NEW YORK HONORS GREEN HEROES AT 40TH ANNIVERSARY GALA Environmental Advocates of New York celebrated our 40^th anniversary last week by honoring three extraordinary New Yorkers at our annual Advocate Awards Gala. More than 260 of the environmental community’s staunchest supporters joined us to celebrate at the Yale Club in New York City.

Since 1999, our Board of Directors has honored New Yorkers who have demonstrated exemplary service and leadership in protecting the environment. This year was no exception. Drumroll, please:

Carter Bales is a nationally recognized expert on the economic impacts of global warming. For more than a decade, he has worked tirelessly to address the threat of climate change by documenting and disseminating the fiscal consequences of inaction in articles and reports, including “Reducing U.S. Greenhouse Gas Emissions: How Much at What Cost.” As Chairman and Founding Partner of NewWorld Capital Group and as a former director of McKinsey & Company, where he founded the firm’s practice in environmental management, Carter Bales has used his experience and credibility in the financial community to impact corporate thinking on critical environmental issues.

Andrew H. Darrell is New York’s foremost expert on sustainable cities. Working with Environmental Defense Fund (EDF) and other groups, he has long been dedicated to revitalizing the city’s neighborhoods, parks and public areas for the enjoyment of all New Yorkers. As EDF’s New York Regional Director and Deputy Director of EDF’s Energy Program, Andy Darrell has consistently developed creative solutions to our most pressing conservation issues. He has helped shape EDF’s market-based approach to transportation and energy solutions, including a campaign to cut traffic and expand transit as part of New York City’s PlaNYC 2030.

Lieutenant Governor Richard Ravitch has led the charge to improve New York City’s public transit system for almost 30 years. He has a long and distinguished history of working to solve the State’s most critical challenges, both fiscal and political. Widely known for resuscitating the MTA, among other critical leadership roles Richard Ravitch has built tens of thousands of units of affordable housing, served as a troubleshooter under President Lyndon Johnson, and led New York State’s Urban Development Corp (now the Empire State Development Corp.) at the request of Governor Hugh Carey, while at the same time working to salvage New York State’s credit.

Environmental Advocates was founded in 1969 by environmentalists who were committed to protecting New York’s air, land and water and recognized the need for a strong voice to defend the health of our natural resources in the State Capital. Founders include Richard Allen, Arthur Crocker, Hamilton Kean, J. Henry Neale, Jr., Peter Paine, Jr., Justice Herbert Posner, Edith Read, Larry Rockefeller and David Sive.

We are grateful that three of our founders, David Sive, Hamilton Kean and J. Henry Neale, were able to join us at the gala.

MEET YOUR NEW EPA REGION 2 ADMINISTRATOR
Environmental Advocates of New York was pleased to hear that Judith Enck was recently appointed Regional Director of the U.S. Environmental Protection Agency Region 2.

Judith has been a stalwart defender and protector of New York’s air, land and water for many years. As executive director of our precursor Environmental Planning Lobby (at the tender age of 23 no less!), policy advisor to the New York State Attorney General, and most recently as New York’s Deputy Secretary of the Environment, Judith has demonstrated excellent judgment and a strong commitment to protecting the health of our air, land and water, as well as our families, for generations to come.

We’ll miss Judith in Albany, and her efforts on behalf of the environment, but are happy that she’s moved on to greater heights and responsibilities.

Click here to listen to an interview about Judith’s move to the EPA on North Country Radio.

Click here to read more.

And here.

DEC CLEANS UP WATER FUNDING PROGRAMS
Earlier this month, New York Department of Environmental Conservation (DEC) Commissioner Pete Grannis announced that the agency is updating how it scores applications for clean water infrastructure loans. The changes give New York State communities more incentives to incorporate smart growth principles in land use planning.

Environmental Advocates of New York called for such changes in our $aving Green report last year.

The State’s Clean Water State Revolving Loan Fund (SRF) provides resources for infrastructure for wastewater collection and treatment. The program relies on a point system to prioritize municipal projects, using a range of public health and water quality factors. In the agency’s announcement, the DEC will add point incentives for projects that are energy efficient, cost-effective and support wise land use.

Click here for more information.

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The [Green] Capitol Insider - 11.02.2009

November 2, 2009

Welcome to Environmental Advocates of New York’s online newsletter from the State Capital, your source for environmental news. We update you every other week with tidbits and observations carefully gleaned from the halls of the Capitol.

DRILLER BACKS OFF "FRACKING" PLANS DUE TO NEW YORK STYLE HEADACHES
Last week Chesapeake Energy Corporation announced that the company will not drill for natural gas within the upstate New York region that supplies drinking water to millions of New York City residents. According to a New York Times, the company’s CEO said of the decision, “Why go through the brain damage of that, when we have so many other opportunities?”

We don’t think the announcement is cause for celebration. Chesapeake’s pledge is not legally enforceable and provides no guarantees.

And it’s possible the company’s action is just an attempt to “greenwash” Chesapeake for New Yorkers, while keeping the driller open to hydraulic fracturing (known as fracking) outside of the New York City watershed after the current storm of controversy around such drilling has died down.

New York’s watersheds deserve better than a five-year pledge from a single company. All of the State’s drinking water and every one of our communities must be protected from the dangers of fracking. To protect New York’s water resources, we’re calling on the Department of Environmental Conservation to protect all of our watersheds, not just one.

Read more here.

And here.

Read our statement here.

WIN FOR NEW YORK STATE ENVIROS, LOSS FOR ALBANY PINE BUSH
A coalition of environmental groups, led by Save the Pine Bush trying to stop plans to build a hotel adjacent to Albany’s inland Pine Barrens got part of what they wanted in a recent ruling from New York State’s highest court. The groups won a right to sue that could help environmental groups statewide. However, they lost the challenge to block the development of the hotel.

On the bright side, the court also ruled that Save the Pine Bush had the right to sue, known as “standing,” counter to the City’s argument that only the project’s neighbors have standing. This ruling could make it easier for environmental groups across New York State to go to court when governments do a sloppy job of accessing environmental impacts. And that’s a very good thing.

Read more in the Times Union.

BOTTLED WATER DEPOSITS IN EFFECT
Environmental and community groups celebrated Halloween a little differently this year. On October 31^st, “Bottle Bill” supporters marked the moment when New York’s 5-cent beverage container deposit law was expanded to include water bottles.

Enacted in 1982, the original Bottle Bill is the State’s most effective recycling program, with an average return rate of 70 percent. The law was updated in the 2009-2010 New York State Budget; but a lawsuit filed by representatives of the bottled water industry prevented the law from going into effect back in April.

Of the 11 states with container deposit laws, New York is the sixth to include water bottles. Maine, Hawaii, and California require deposits on all non-carbonated beverages. Oregon began collecting such deposits in January, and Connecticut’s bottled water expansion went into effect last month.

Read more here.

And here, here, and here.

FOR YOUR CONSIDERATION: ADIRONDACK RIGHT OF WAY
When you’re in the privacy of the voting booth tomorrow, you’ll see a referendum to amend the New York State Constitution. We’ll cut through all the legal mumbo jumbo, here’s what it means:

Constitutional amendments are required to lease, sell or exchange forest preserve lands. The amendment would allow for the transfer of six acres of forest preserve lands to National Grid in exchange for 10 acres, or more, to be added to the forest preserve elsewhere in St. Lawrence County.

The land swap will allow National Grid to construct a 46kV power transmission line along State Route 56. The lands to be acquired are adjacent to the existing right-of-way for the county road and would slightly enlarge it.

If the constitution is not amended to allow this land transfer, National Grid has already received ap­proval for an alternative plan that would allow the company to construct the power line in a manner much more disturbing to the Adirondacks.

Environmental Advocates of New York supported the legislation that put the amendment on the ballot this year.

SAVE THE DATE
Join us on Tuesday, November 10^th at our annual Advocate Awards gala to celebrate our 40th anniversary. Our 2009 honorees are climate change pioneer Carter Bales, sustainable cities hero Andrew Darrell and Lieutenant Governor and mass transit advocate Richard Ravitch. Please contact Peggy Fandrich at mfandrich@eany.org or (518) 462-5526 ext. 236 if you’d like more information. Or click here to purchase tickets.

CLEAN ENERGY FUNDS RAID UPDATE
Since Governor Paterson announced his proposal to raid New York’s clean energy and energy efficiency funds as part of his proposal to reduce the state’s deficit, environmental and energy groups have been hard at work making the case to protect the funds to lawmakers. The Governor’s Deficit Reduction Plan must be approved by the State Legislature before it goes into effect.

These efforts have included one-on-one meetings with state legislative leaders, and hundreds of letters, emails and phone calls from our members across the state (click here to send a letter to Senate Conference Leader John Sampson and Assembly Speaker Shelly Silver).

Opposition to the clean energy fund raid is growing. More than 20 groups have signed on to a letter to state leaders, citing the Governor’s contradictory statements on the use of New York’s clean energy and efficiency funds, which are generated by the auction of global warming pollution allowances as part of the Regional Greenhouse Gas Initiative. The regional climate program is the 10-state plan to reduce climate-altering pollution from power plants.

The State Senate and Assembly held budget hearings last week to discuss the Governor’s proposal, but nothing’s certain yet. We’ll let you know what happens next.

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The [Green] Capitol Insider - 10.19.2009

GOVERNOR RAIDS CLEAN ENERGY FUNDS TO FILL BUDGET GAP
As part of Governor Paterson’s $5 billion deficit reduction plan, the Governor proposes sweeping $90 million from the pool of auction proceeds generated by New York’s role in the Regional Greenhouse Gas Initiative (RGGI) and cutting the Environmental Protection Fund by $10 million. While we’ve come to expect cuts to the State’s environmental fund, the RGGI raid was a surprise. As far as we’re concerned, using RGGI monies for anything other than energy efficiency or clean energy development is a big mistake.

Environmental and energy groups called on the Governor to back off his misguided plan to send RGGI monies into the black hole that is the State’s general fund. Click here to read the groups’ statement. Doing so sets a dangerous precedent for the nation’s first-ever plan to reduce global warming.

While this one-time contribution may help balance New York State’s budget in the short run, it pales in comparison to the long-term job creation and investment benefits, as well as reductions in climate-altering greenhouse gas emissions, the monies would have achieved.

Years of research related to the development of the RGGI showed that the program’s success hinges on the wise use of revenue generated by allowance auctions. The Governor’s proposal jeopardizes the success of this critical program and serves as a bad example to other cash-strapped states.

Click here to read more in the New York Times.

And here in the Times Union.

DEC SCHEDULES PUBLIC HEARINGS FOR DRAFT DRILLING GUIDE
In late September, the New York State Department of Environmental Conservation (DEC) released a draft guide to regulate natural gas drilling in the Marcellus Shale formation. The DEC opened up a 60-day public comment period on the long-awaited guide.

Environmental Advocates of New York thought this was a step in the wrong direction and said so. We called for at least 90 days for public comment and public hearings in the communities most likely to be affected by the hazards of a drilling technique called hydraulic fracturing or “fracking.”

In other parts of the country, including nearby Pennsylvania, fracking for natural gas has resulted in toxic chemical spills. And because the Marcellus Shale formation lies beneath the Southern Tier and Catskills regions, which are home to a great deal of New York’s drinking water, we’re not sure that rushing to drill is such a smart idea. The gas has been there for millions of years. What’s the rush?

We aren’t alone in our concerns, either. The New York State Senate and Assembly have both held hearings to discuss water-related issues, and fracking dangers top most advocates’ lists of concerns.

Late last week, the DEC announced four public comment sessions on the draft Supplemental Generic Environmental Impact Statement governing potential natural gas drilling in the Marcellus Shale. The meetings will be held in Loch Sheldrake (Sullivan County) on Oct. 28, New York City on Nov. 10, and Chenango Bridge (Broome County) on Nov. 12. A fourth meeting is being planned for the Elmira-Corning area. Click here for details.

Click here to read the draft drilling guide.

Read more here.

and here, and here.

This isn’t the end of New York’s fracking story, not by a long shot. We’ll keep you posted.

IT'S THE LAW
Last Tuesday, Governor Paterson signed the Green Jobs-Green New York Act, legislation that aims to make one million New York homes and small businesses energy efficient while creating thousands of new green jobs.

Green Jobs-Green New York was passed unanimously by the Assembly back in June and made it through the State Senate’s most recent “special session” by a vote of 52 to 8. The vote was significant because 21 Republicans voted against party leadership to support the bill.

Click here to read more.

And here.
And here.

SAVE THE DATE
Join us on Tuesday, November 10^th at our annual Advocate Awards gala to celebrate our 40th anniversary. Our 2009 honorees are climate change pioneer Carter Bales, sustainable cities hero Andrew Darrell and Lieutenant Governor and mass transit advocate Richard Ravitch. Please contact Peggy Fandrich at mfandrich@eany.org or (518) 462-5526 ext. 236 if you’d like more information. Or click here to purchase tickets.

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The [Green] Capitol Insider - 10.5.2009

GREEN GROUPS CALL ON GUV & DEC TO PROTECT NY FROM DRILLING
At long last, the New York State Department of Environmental Conservation (DEC) has released their draft Supplemental Environmental Impact Statement for oil and gas drilling. The draft could determine how New York State regulates industrial natural gas drilling and hydraulic fracturing (often called “fracking”) in the Marcellus and Utica Shale formations.

In other parts of the country, fracking has poisoned wells and spilled toxic chemicals into waterways and across landscapes (read more here and here ). Figuring out how to tap our natural gas resources without poisoning our air, land and water is priority, especially when the Governor would like to double the size of our natural gas industry per the State Energy Plan. New York should learn from the experiences of other states before forging ahead.

The 800+ page draft is open for public comment for a mere 60 days. But Environmental Advocates of New York and many other groups want at least 90 days, or even better, 120 day for public comment and at least seven public hearings in the areas affected by drilling, including New York City.

Only by allowing adequate time to review and comment on the draft will the DEC have the requisite information to revise it and issue a comprehensive final Supplemental Generic Environmental Impact Statement.

The final statement will guide the regulation of an industry that has the potential to contaminate New York’s drinking water, pollute the state’s air, and decimate sensitive ecosystems. We need the time to do this right or not do it at all. Besides, the gas has been there for millions of years, what’s another couple of months?

We’ll be back with our evaluation of the draft and how we think it can be improved.

Click here to send a message to the Governor and the DEC.

Read more here And here. And here.

IT'S OFFICIAL
Long-time mass transit advocate and state and city fiscal wizard Richard Ravitch is now officially New York’s Lieutenant Governor. On September 22^nd, in a 4-3 vote, the State’s highest court gave a green light to Governor David Paterson’s appointment of Ravitch as Lieutenant Governor.

The court’s decision ended months of speculation and drama. According to the Governor’s official press statement, Lieutenant Governor will play a leading role in the State’s economic recovery plan and budget making.

Read more here.

HERE COMES THE SENATE CLIMATE BILL
Last week, Senator Barbara Boxer (D-California) and John Kerry (D-Massachusetts) introduced the Senate’s answer to the American Clean Energy and Security Act of 2009 (AKA ACES or simply, the climate change bill). The Senate version is called the Clean Energy Jobs & American Power Act. It’s shorter than ACES, but missing a few pieces.

Important improvements in the legislation include steeper global warming pollution reduction targets (20 percent by 2020 rather than 17 percent, and 83 percent by 2050 instead of 80 percent). More good news: the bill maintains the Environmental Protection Agency’s ability to regulate greenhouse gases as a harmful pollutant.

We’re still reviewing the legislation page by page and will have more to share in the days and weeks ahead.

Click here to read more.

And here.

And here.

NYS SENATE HOLDS WATER HEARINGS
Last Thursday, the State Senate held public hearings on New York’s water policy. The hearings touched on several critical topics, including the potential dangers of natural gas drilling by means of hydraulic fracturing. Advocates also called attention to maintaining New York’s water quantity, as well as its quality.

Environmental Advocates’ Water & Natural Resources Program Associate Katherine Nadeau called attention to water management policy and the need for oversight of large water withdrawals. A successful permitting program must ensure that withdrawals of more than 50,000 gallons per day are included in such oversight. New York should not discriminate between end uses when deciding how to apply the program. All withdrawals should come under Department of Environmental Conservation (DEC) oversight to ensure that users operate within permitted allowances, implement conservation practices, and do not adversely impact ecosystems or other users. In addition, New York should impose strict fees and penalties to ensure that permittees are compliant.

Katherine wrapped up her remarks by renewing Environmental Advocates call for sufficient staff and resources at the agency responsible for protecting New York’s water quality and quantity, the DEC.

Read more here.

SAVE THE DATE
Join us on Tuesday, November 10^th at our annual Advocate Awards gala to celebrate our 40th anniversary. Our 2009 honorees are climate change pioneer Carter Bales, sustainable cities hero Andrew Darrell and Lieutenant Governor and mass transit advocate Richard Ravitch. Please contact Peggy Fandrich at mfandrich@eany.org or (518) 462-5526 ext. 236 if you’d like more information.

ENVIRONMENTAL ADVOCATES OF NEW YORK IS A MEMBER OF EARTH SHARE OF NEW YORK

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The [Green] Capitol Insider - 9.21.2009

GREEN JOBS FOR A GREENER NEW YORK
When the New York State Senate returned to Albany on September 10^th, lawmakers overwhelmingly voted the right way on legislation that will save New Yorkers money by increasing the energy efficiency of an estimated one million homes and businesses and create new green jobs.

Green Jobs-Green New York, which passed by a vote of 52 to 8, takes our state one step further on the path to a cleaner, more sustainable economy, creating thousands of green jobs while making our homes and small businesses more energy efficient. That means smaller utility bills, fewer greenhouse gas emissions, and new jobs when our economy needs them the most.

The legislation will establish a statewide building efficiency retrofit program by financing energy efficiency audits and installations in residential, multi-family, not-for-profit and small business structures. It also creates a workforce training program to ramp up the state’s labor supply to fill the jobs created by the Act. The State Assembly passed the legislation unanimously in June.

It’s important to note that a number of Republicans went against party leadership to support this bill, which could be a sign of greener things to come. Here’s the breakdown of ayes and nays:

The nays include senators DeFrancisco, Owen Johnson, Libous, Little, Nozzolio, Skelos, Winner and Young.

The overwhelming ayes: Adams, Addabbo, Alesi, Aubertine, Breslin, Diaz, Sr., Dilan, Duane, Espada, Farley, Flanagan, Fuschillo, Jr., Golden, Griffo, Hannon, Hassell-Thompson, Huntley, Craig Johnson, Klein, Krueger, Kruger, Lanza, Larkin, Jr., LaValle, Leibell, III, Marcellino, Maziarz, McDonald, Monserrate, Montgomery, Morahan, Onorato, Oppenheimer, Padavan, Parker, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker.

Senators Bonacic and Foley were excused.

Click here to read more about Green Jobs-Green New York, and here.

SOMETHING IN THE WATER
Over the last few weeks, The New York Times has run three stories by reporter Charles Duhigg (all part of the “Toxic Waters” series) calling attention to the sorry state of water pollution regulation in the U.S.

The most recent story, “Health Ills Abound as Farm Runoff Fouls Wells,” reveals how manure and slaughterhouse waste are poisoning drinking water supplies in Wisconsin, Maryland, Oklahoma, and other states. Although the EPA reports that agricultural runoff is the nation’s single largest source of water pollution, for a variety of reasons most farm runoff is unregulated. As a result, tens of millions of Americans become ill as a result of exposure to human and animal waste.

“Clean Water Laws Are Neglected, at a Cost in Suffering” brings new attention to a national problem that Environmental Advocates of New York has documented extensively in two New York State-focused reports: Muddying the Waters and Permission to Pollute.

The federal Clean Water Act is poorly enforced, in New York this is likely due to a lack of staff capacity at the Department of Environmental Conservation. According to the story:

“In the last five years alone, chemical factories, manufacturing plants and other
workplaces have violated water pollution laws more than half a million times. The
violations range from failing to report emissions to dumping toxins at concentrations
regulators say might contribute to cancer, birth defects and other illnesses.”

In New York, the problem is so egregious that most water pollution permits are not reviewed in a timely manner and most polluters merely “self report” what they dump into our waterways, with no review, testing or safety measures.

While the EPA acknowledges flaws in the federal and state-level water pollution prevention, and the new EPA administrator Lisa Jackson says that strengthening water protections is among her top priorities, many of the states that have been delegated the authority to enforce the Clean Water Act do not have the resources to do so. And given the global economic recession, it’s unlikely the states will have more money any time soon.

What’s the answer? Simply put, New York needs to ensure that the Department of Environmental Conservation has the staff to operate its program per the requirements of the Clean Water Act. The Clean Water Act must be enforced and polluters must face the consequences for violating the law.

Keep an eye out for the next installment of “Toxic Waters.”

Click here to find the Clean Water Act violations near you.

NEW REPORT: POWER FROM FAUX CLEAN COAL PLANT IS BAD DEAL FOR NEW YORK
Last week, more than 20 environmental and energy groups released a report that reveals the likely exorbitant cost of electricity from Jamestown, New York’s proposed new $400 to $500 million 50 megawatt (MW) faux “clean” coal power plant. The groups are all part of the Clean Energy for Jamestown Campaign.

The report, “Cost of Power for Jamestown Board of Public Utilities Electricity Supply Options: Proposed Coal-Fired Power Plant Is Most Expensive Option Even with Federal Subsidies,” reveals that electricity produced by the proposed plant could be as costly as $0.27/kilowatt hour with carbon capture and storage (CCS).

Even if all costs associated with experimental CCS technology were covered by federal and state subsidies, the power from the coal plant would be nearly 10 times more costly than New York Power Authority hydropower (Jamestown’s primary source of electricity), five times more expensive than meeting electric needs with energy efficiency, and two to three times more costly than wind power.

Coal plant critics, who believe energy efficiency and wind energy can easily and more cheaply meet Jamestown’s electric needs, have pressed the Jamestown Board of Public Utilities (JBPU) to publicly release its own cost of power figures for the proposed coal plant. The JBPU has refused to do so, claiming that it’s too early to know. Clean Energy for Jamestown commissioned its own study and was provided by Lake Effect Energy, a Buffalo-based environmental consulting firm.

The study uses information provided by JBPU (obtained this year through a Freedom of Information Act request) as the basis for the range of costs projected for electricity from the proposed coal plant.

The study confirms what Environmental Advocates of New York and other groups have known for years: this faux clean coal plant is bad for the environment and prohibitively expensive, too. Energy efficiency and clean energy are both cheaper and cleaner than this big ticket boondoggle.

The Jamestown coal plant project has been under fire for years. Initially, the JBPU planned to build a conventional coal plant. The project evolved into a carbon capture and storage demonstration project in 2007, and got Governor Paterson’s support in 2008.

The project suffered a series of setbacks. In June, environmentalists stopped progress on project-enabling state legislation in the Capitol. In August, it was reported that the U.S. Department of Energy rejected the project’s grant application for $200 to 300 million in “clean coal” stimulus money, which cased the corporate backer, Praxair, Inc., to pull its support.

Click here to read all about it in the Buffalo News.

Click here for the complete report.

NATIONAL CAFÉ STANDARDS
On Tuesday, September 15, 2009, the Obama administration rolled out new tailpipe emissions standards for cars and trucks that will go into effect in 2012. The proposals are joint effort of the Environmental Protection Agency and Department of Transportation. The new standards will push average fuel economy, “CAFÉ” standards to an average of 35.5 miles per gallon by 2016.

Click here to read more.

And here.

SAVE THE DATE
Join us on Tuesday, November 10^th at our annual Advocate Awards gala to celebrate our 40th anniversary. Our 2009 honorees are climate change pioneer Carter Bales, sustainable cities hero Andrew Darrell and Lieutenant Governor and mass transit advocate Richard Ravitch. Please contact Peggy Fandrich at mfandrich@eany.org or (518) 462-5526 ext. 236 if you’d like more information.

ENVIRONMENTAL ADVOCATES OF NEW YORK IS A MEMBER OF EARTH SHARE OF NEW YORK

FOLLOW US ON TWITTER AT @GREENWATCHDOGNY


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The [Green} Capitol Insider - 9.8.2009

NEW YORK STATE SENATE PRIMED TO MOVE ON GREEN BILLS
Late last Friday, the New York State Senate released a list of bills (“session draft proposed calendar agenda subject to revision”) that the house may or may not take up on their return to Albany this Thursday, September 10^th. This is a step in the right direction.

The list includes three bills that Environmental Advocates of New York wants to see passed, including: the Global Warming Pollution Control Act, which would reduce New York’s climate pollution 80 percent by the year 2050; Green Jobs-Green NY, which would establish a statewide building efficiency retrofit program by financing energy efficiency audits and installations; and a bill that would reduce the sulfur content of heating oil for residential, commercial or industrial use, which would improve air quality for millions of New Yorkers.

The State Senate is right on time, too. Because earlier today, EPL/Environmental Advocates released a preliminary version of their scorecard that grades New York State lawmakers according to votes on bills that could harm or benefit the state’s air, land and water. And in the scorecard, EPL revealed a significant drop in lawmakers’ scores this year.

According to EPL, many of the Senate’s long-time green leaders received failing grades in the first-round scorecard, a result of the Senate’s June coup and the few bills acted upon in that house. Preliminary scores are listed below.

But if the State Senate takes up the bills on their “draft proposed calendar agenda,” everything could change.

Currently, only six bills advancing environmental protection (State Environmental Planning Board S. 2501-B; MTA Refinancing - S.5451; Transmission Line Intervenor Funds - S.1599A; Forest Preserve Land Exchange - S.2802; NYPA Clean Energy Projects - S.6050/S.53302; and the Bottle Bill Budget Deal) have passed the Senate, compared to twice that number or more in previous years. EPL will release the complete scorecard, including Assembly scores and awards for green legislators, in October.

The Senate’s June coup impacted every senator negatively and the disparity in scores includes state legislators from both parties, but overall, Republican senators scored worse than their Democratic Party colleagues on average (25 to 70). The Senate’s overall average dropped by 32 points, from 80 in 2008, to 48 this year.

Among the leadership, Senate President Malcolm Smith (D-St.Albans) has a failing score of 55, while Senate Majority Leader Pedro Espada, Jr. (D-Bronx) has a 61, and Senate Conference Leader John Sampson (D-Brooklyn) has a 75. Senate Minority Leader Dean Skelos (R-Rockville Centre) received a 23 this year, 53 points shy of his 2008 score.

While more than half of the Senate will receive failing grades if they don’t act soon, several members earned solid B’s, including the Senate’s Environmental Conservation Committee chair Antoine Thompson (D-Buffalo), as well as senators Breslin (D-Albany), Adams (D-Brooklyn), Liz Krueger (D-NYC), Oppenheimer (D-Port Chester), Perkins (D-NYC), Schneiderman (D-NYC) and Serrano (D-NYC).

EPL/Environmental Advocates calculates lawmakers’ scores using the ratings of its sister organization, Environmental Advocates of New York. Legislators earn between one and three points respectively for votes in support of bills that received one, two or three “trees.” Tree-rated bills are those deemed beneficial to the environment. Likewise, legislators earn between one and three points for voting against bills that were give a rating of one, two or three “smokestacks.” Smokestack-rated bills are those deemed detrimental to the environment. Votes on priority “Super Bills” receive extra points.

The environmental community’s Super Bills are legislative priorities and are selected annually by the Green Panel, which includes representatives of groups from across New York State. The 2009 Super Bills include:

• The Global Warming Pollution Control Act (described above) has 30 sponsors from both parties;
  

• Electronic Waste (E-waste) Recycling would remove tons of toxic e-waste from landfills by requiring manufacturers to collect and recycle their products;
  
• The Environmental Access to Justice Act would restore New Yorkers’ right to enforce environmental review laws;
  
• Wetlands Protection would close a loophole in New York law and give the state authority to protect wetlands less than 12.4 acres in size; and
  
• An expansion of the state’s bottle deposit law to include bottled waters was passed in this year’s budget agreement.

The Voters’ Guide is the first and only record of New York State lawmakers’ votes on legislation that will impact the environment and has been produced and distributed statewide for more almost 40 years. The complete 2009 Voters’ Guide will be available in October.

Visit www.eplvotersguide.org for more information about EPL/Environmental Advocates.

NEW YORK STATE SENATE PRELIMINARY VOTERS' GUIDE SCORES FOR 2009

Last Name	First Name	District	Party	Score
Adams	Eric L.	20	D	82
Addabbo	Joseph	15	D	68
Alesi	James S.	55	R	23
Aubertine	Darrel J.	48	D	55
Bonacic	John J.	42	R	23
Breslin	Neil D.	46	D	82
DeFrancisco	John A.	50	R	18
Diaz, Sr.	Ruben	32	D	Incomplete
Dilan	Martin M	17	D	57
Duane	Thomas K.	29	D	68
Espada	Pedro	33	D	61
Farley	Hugh T.	44	R	23
Flanagan	John J.	2	R	30
Foley	Brian	3	D	Incomplete
Fuschillo, Jr.	Charles J.	8	R	30
Golden	Martin J.	22	R	23
Griffo	Joseph	47	R	18
Hannon	Kemp	6	R	30
Hassell-Thompson	Ruth	36	D	68
Huntley	Shirley	10	D	64
Johnson	Craig M.	7	D	55
Johnson	Owen H.	4	R	Incomplete
Klein	Jeffrey	34	D	61
Krueger	Liz	26	D	82
Kruger	Carl	27	D	Incomplete
Lanza	Andrew	24	R	23
Larkin, Jr.	William J.	39	R	23
LaValle	Kenneth P.	1	R	36
Leibell, III	Vincent L.	40	R	36
Libous	Thomas W.	52	R	18
Little	Elizabeth OC	45	R	Incomplete
Marcellino	Carl L.	5	R	43
Maziarz	George D.	62	R	18
McDonald	Roy	43	R	18
Monserrate	Hiram	13	D	64
Montgomery	Velmanette	18	D	68
Morahan	Thomas P.	38	R	36
Nozzolio	Michael F.	54	R	23
Onorato	George	12	D	77
Oppenheimer	Suzi	37	D	82
Padavan	Frank	11	R	43
Parker	Kevin	21	D	75
Perkins	Bill	30	D	82
Ranzenhofer	Michael	61	R	18
Robach	Joseph E.	56	R	23
Saland	Stephen M.	41	R	23
Sampson	John	19	D	75
Savino	Diane J.	23	D	75
Schneiderman	Eric T.	31	D	82
Serrano	Jose M.	28	D	82
Seward	James L.	51	R	23
Skelos	Dean G.	9	R	23
Smith	Malcolm	14	D	55
Squadron	Daniel	25	D	Incomplete
Stachowski	William T.	58	D	61
Stavisky	Toby Ann	16	D	75
Stewart-Cousins	Andrea	35	D	75
Thompson	Antoine	60	D	82
Valesky	David J.	49	D	61
Volker	Dale M.	59	R	23
Winner, Jr.	George H.	53	R	18
Young	Catharine M.	57	R	18
Max	82
Min	18
w/bonus avg.	48
w/bonus median	49
D avg.	70
R avg.	25

INVESTING IN THE FUTURE
Join your host, New York State Comptroller Thomas DiNapoli at the International Investor Forum on Climate Change. Learn about public policies and investment strategies for a low-carbon Economy on September 16, 2009, at the Grand Hyatt New York in New York City. Scholarships may be available for certain not-for-profit and government employees.

Registration Required. For more information and to register, please visit:
www.ceres.org/investorforum/250. For more information, contact Kylee McGee at mcgee@ceres.org or 617-247-0700, extension 150.

SAVE THE DATE
Join us on Tuesday, November 10^th at our annual Advocate Awards gala to celebrate our 40th anniversary. Our 2009 honorees are climate change pioneer Carter Bales, sustainable cities hero Andrew Darrell and Lieutenant Governor and mass transit advocate Richard Ravitch. Please contact Peggy Fandrich at mfandrich@eany.org or (518) 462-5526 ext. 236 if you’d like more information.

ENVIRONMENTAL ADVOCATES OF NEW YORK IS A MEMBER OF EARTH SHARE OF NEW YORK

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