The [Green] Capitol Insider - 3.23.2009

MARCH MADNESS: BUDGET NEGOTIATIONS BEGIN

It’s that time of year again. The New York State budget season has arrived. The budget needs to get wrapped up by March 31^st. And there’s a lot of pressure to get it done on time.

Perhaps due to the twin pressures to get a deal done while making ugly budget cuts, Governor David Paterson, Assembly Speaker Sheldon Silver and Senate Majority Leader Malcolm Smith have retreated behind closed doors to hammer out the details. It’s likely that a “done deal” budget will be sent to lawmakers in the final hours. Lawmakers are facing tough choices on the environment, as well as everywhere else.

On the Environmental Protection Fund, Environmental Advocates is worried that the $45 million sweep included in the Governor’s 2009-2010 plan will further delay state payments, exacerbate our economic woes, and may result in missed opportunities to protect the state’s environment.

To refresh your memory, according to our review of documents obtained through Freedom of Information Law (FOIL) requests, the Fund is going broke. Current funding requests could zero out the state’s environmental trust fund before March 31^st. Click here for the details in the last issue of The [Green] Capitol Insider.

And per the Governor’s hiring freeze, the DEC will lose 241 engineers, scientists and air and water quality monitors, as well as other critical staffers. We’ve looked at the negative impacts of short-staffing this agency for many years, and this move doesn’t bode well for the health of New York’s air and water.

On the plus side, updating and expanding the state’s bottle deposit law has had some traction this year. The State Senate gave the measure its first hearing in that house on March 4^th, and we submitted testimony in support of the proposal.

Lawmakers must get this bill done and reclaim all bottle deposits, or come up with some other way to plug a big hole in the state budget. Tell your Senator to pass the Bigger Better Bottle Bill this year.

But it’s not over until it’s over. Stay tuned for budget news in the days and weeks ahead.

Click here to read more about backroom budget deals.

And here.

YOU MAY SOON EXPERIENCE INTERRUPTED SERVICE

Things are looking grim for the Metropolitan Transit Authority (MTA) and the millions of bus, train and subway riders in their 12-county service area. If New York State lawmakers don’t reach an agreement on MTA funding—and soon—service cuts and a steep fare hike will go into effect by the end of the month.

The MTA is facing a big budget shortfall this year. This means that the Authority will soon be forced to approve a worst-case-scenario budget that will cut bus and subway lines while increasing fares by 23 percent, or more.

So far, Assembly Speaker Sheldon Silver and Governor David Paterson have come out publicly in support of a plan along the lines of the Ravitch Report. This is what the MTA wants and needs in terms of responsible support. The Ravitch Report calls on all New Yorkers who benefit from the transit network—including motorists and employers, not just riders—to do their part and share the cost burden. Click here for a copy.

And while the Senate has signaled willingness to work out a compromise, the plan presented by Majority Leader Senator Malcolm Smith last week is merely a stop-gap solution that won’t address the MTA’s long-term challenges.

A healthy mass transit network takes cars off the road and reduces the pollution that is changing our climate and degrading our environment.

Click here to read more in The New York Times, and here to read more in the Daily News.

It’s not too late to tell your representatives in Albany that you support fully and fairly funding the MTA. Click here to act now.

BACKROOM DEAL ON THE BACK BURNER?

Environmental Advocates is still keeping tabs on moves—by the Governor or anyone else—to re-open and weaken the regulations that guide New York in the multi-state effort to cut global warming pollution from power plants.

Known as the Regional Greenhouse Gas Initiative, or “RGGI,” the effort has gotten a lot of attention from environmental and energy advocates, as well as media outlets like the New York Times, (click here and here), Newsday (click here) and Crain’s New York Business, after word got out that Governor Paterson allegedly made a backroom deal to weaken the climate initiative at the behest of polluters.

Now the Governor’s office has said that there is no agreement to re-open the rule, but they won’t commit not to, either. This contradicts recent statements by the Independent Power Producers of New York (see stories above).

While we’re keeping an eye out for further misdeeds and miscommunications, the RGGI recently held its third auction of permits to emit the greenhouse gas carbon dioxide. Each credit to release 1 ton of CO₂ into the atmosphere was sold for $3.51 this time around, a small increase over the last round at $3.38.

The RGGI story continues and we’ll be sure to keep you abreast of the latest news from Albany.

BILLS ON THE MOVE

Every week during the Legislative Session, Environmental Advocates of New York looks at the measures that will impact the environment for good or ill. Here are this week's Bills on the Move.

One Tree for Clean Energy Tax Credits. This bill would establish corporate tax credits to offset the cost of the purchase and installation of solar, geothermal, fuel cell and wind electric generating systems. Encouraging power sources that emit little or no pollution helps displace the use of polluting fossil fuel-based and will reduce stress on the state’s aging power grid.

Three Trees for Recyclables in Landfills. This bill would prohibit the disposal of recyclable materials in landfills and incinerators, and also specify materials to separate for recycling, such as newsprint, glass containers, metal containers. The measure would help stop the much abused “existing market” loophole, and would, therefore, make state and local law clearer and more readily enforceable. The measure would also create and protect jobs, improve the state’s competitive position, and provide an important recycling stimulus.

One Tree for Urban Pesticide Boards. This bill would create an urban pesticide board to examine and make recommendations regarding pesticide use patterns in urban areas, as well as require that all certified pesticide applicators understand safer pest management techniques that do not rely on toxic pesticides. By formally examining pesticide use and providing a forum for experts to recommend safer alternatives, this bill would set in motion a process whereby the pesticide use in urban areas is reduced while better pest management is achieved.

Two Trees for BPA Ban. This proposed legislation prohibit the manufacture, distribution and sale of certain toys and products containing bisphenol A (BPA) intended for use by children under three years of age. Additionally, the use of BPA would be prohibited in food and beverage containers, or containers lined with other materials containing BPA for children under the age of 14. This bill requires manufacturers to use the least toxic alternative to BPA.

One Tree for Green Roof Tax Credit. This measure would provide tax credit of up to 55 percent, not exceeding $5,000, for the installation of environmentally beneficial green roofs. The bill would also require the state to set standards for the plant material used in green roof construction and require the inspection of green roof installations against these standards.

Three Trees for Wetlands Protection. This bill would give the Department of Environmental Conservation regulatory authority over the state’s precious freshwater wetlands of an acre or more, regardless of whether that wetland had previously been mapped by the agency.

Click here to learn more about these measures and what each will do to help or hurt New York’s natural resources.

The [Green] Capitol Insider - 3.9.2009

GOING, GOING, GONE. NEW YORK'S ENVIRONMENTAL TRUST FUND

According to our review of documents obtained through Freedom of Information Law (FOIL) requests, New York’s Environmental Protection Fund is going broke. Current funding requests will zero out the Fund before the end of the State Fiscal Year on March 31^st. Now Governor Paterson and Budget Director Laura Anglin must decide if they will ”sweep” additional monies from the Fund by the end of March. Environmental Advocates of New York has sent a letter to the Governor and Budget Director asking them to keep the broom in the closet.

As things stand, the state has written checks that New York’s air, water and land cannot cash. Our review of state agency documents shows that approved—and those pending approval—contract extensions, new contracts, or contract modifications submitted by state agencies to the Division of the Budget total nearly $40 million for the current state fiscal year. The combination of recent authorization to sweep $50 million from the Environmental Protection Fund and anticipated disbursements will leave it insolvent.

You do the math:

Fund Actual Closing Balance as of January 2009 $24,358,000

Estimated Additional Deposits to the Fund in February & March $48,000,000

Total Projects -$39,300,996

Latest Sweep -$50,000,000

Estimated Closing Balance for State Fiscal Year 2009-10 -$16,942,996

Delayed state payments or failure to honor New York State’s commitments will force municipalities, nonprofit organizations and others to fire employees, thus exacerbating our economic woes. But a lot of groups are reluctant to talk about their money woes—for fear they won’t see a check at all.

The Environmental Protection Fund was created in 1993 as a dedicated trust fund to preserve New York’s natural and historic heritage. Currently, the Fund is supported by revenue from the state’s Real Estate Transfer Tax, which has been tested in previous economic downturns and remains a source of increased investment in environmental programs and protection.

What happens now? Clearly, these sweeps need to stop. And there’s another one planned in next year’s budget ($45 million). This week we expect to have a better idea of how the State Legislature will modify the Governor’s budget plans. We’ll be the first to let you know where things shake out.

Click here to read more about the Fund going bankrupt.

And here.

It’s not too late to act. Click here to tell Governor Paterson and Budget Director Anglin to protect New York’s environmental trust fund.

BACKROOM DEAL JEOPARDIZES NY ACTION ON CLIMATE

In a move that has environmental and energy groups up in arms, Governor Paterson has made some promises to polluters that we don’t want him to keep—promises to weaken New York’s program related to the nation’s first real plan to cut global warming pollution, the Regional Greenhouse Gas Initiative, or “RGGI.”

According to the New York Times, the Governor made a deal with the Independent Power Producers of New York to rewrite the rule to meet power producers’ demands. Apparently, these polluters didn’t feel like they had enough opportunities to contribute to the rule-making during the three+ years of public debate and discussion that preceded its adoption.

Click here to keep reading the front-page story that ran in Friday's New York Times. Click here to read the New York Times editorial.

Lots of questions now need to be answered and this deal smells worse than the stuff that comes out of a smokestack. We’re doing everything in our power to keep the RGGI on track and we’ll be in touch soon with an update.

STIMULATING?

Last month, the federal government passed the $787 billion American Recovery & Reinvestment Act, and New York is slated to get nearly $25 billion in stimulus funds. This means big bucks for clean power, energy efficiency, public transit and the sorts of infrastructure projects most of us only notice when they break down, like sewage and drinking water systems.

Stimulus money is meant to jumpstart New York’s economy, but it will also serve to jumpstart the state’s response to challenges like climate change and our aging infrastructure.

The $25 billion question is if the stimulus will be successful in accomplishing these goals. For more information on New York’s slice of the stimulus pie click here.

President Obama and Congress generally resisted the urge to pork-up the stimulus package with earmarks. We hope that New York will follow suit. In meetings with the Governor’s staff, Environmental Advocates and others have been told that transparency is important, but that the Governor plans to roll the stimulus money into ongoing budget negotiations. When that happens, it is going to be hard to piece together how stimulus funds are allocated.

According to a national poll conducted by Building America’s Future—a joint effort by Mayor Bloomberg, Governor Schwarzenegger and others—accountability is the number one concern expressed by Americans about how stimulus dollars are spent.

And polls are pretty informative. Governor Paterson is currently enjoying historically low approval ratings according to the New York Daily News. If he allows the stimulus money to get squandered these poll numbers will go down faster than the Dow Jones average.

That’s why Environmental Advocates and a host of other groups are pushing to make transparency and accountability part of New York’s plans. Click here for details.

If you’d like to tell the Governor how you’d like the stimulus spent, send an email to EconomicRecovery@chamber.state.ny.us.

BILLS ON THE MOVE

Every week during the Legislative Session, Environmental Advocates of New York looks at the measures that will impact the environment for good or ill. Here are this week's Bills on the Move.

One Smokestack for Farm Dam Safety Exemption. This bill would transfer state oversight for dams located on farms from the state’s Dam Safety Bureau to the Department of Agriculture and Markets. If enacted, this legislation would exempt such dams from proper oversight and regulation, thus endangering thousands of New Yorkers.

One Tree for Home Energy Efficiency Tax Credit. This measure would create a tax credit for energy efficient home improvements. The amount of the tax credit would be 25 percent of the total cost of the installations, capped at $2,500, and eligible measures would be defined by the New York State Energy Research and Development Authority. The bill also prohibits such installations from increasing the as­sessed value of the home for purposes of real property tax calculation.

Two Trees for Ultra-Low Sulfur Oil Requirements. This bill would require that heating oil sold after January 1, 2011, in areas that do not meet minimum air quality standards according to the EPA may not have a sulfur content greater than 15 parts per million. This threshold is consistent with industry and public health standards. This bill would result in dramatic improvements in air quality for millions of New Yorkers.

Two Trees for Nuclear Preparedness. This legislation would require the operators of nuclear facilities to pay fees to cover the total costs of maintaining emergency preparedness in host communities.

Two Trees for Power Procurement. Under this legislation, utilities would be required to meet customers’ energy needs while taking appropriate measures to minimize volatility of energy prices, including the consideration of demand-side measures such as energy efficiency and clean distributed generation.

One Tree for State Greenhouse Gas Audits. This bill would require that all New York State agencies conduct an annual audit of the climate-alter­ing greenhouse gas emissions they emit as a result of their operations. These annual reports would include a calculation of the agency’s total greenhouse gas emissions for the year, steps taken to reduce those emissions, as well as actions that could be taken to further reduce global warming pollution.

Two Trees for Environmental Justice Advisory Group. This bill would incorporate environmental justice principles into state agencies’ decision-making processes, make permanent the Environmental Justice Advisory Group within the state’s De­partment of Environmental Conservation, and establish an Environmental Justice Interagency Coordinating Council to report on the effectiveness and implementation of New York’s environmental justice policies within state agencies.

Two Trees for Environmental Impact Reports. This measure would require the state to issue biennial reports listing high local environmental impact zones across the state. Such zones can be defined as areas that are adversely affected by existing environmental hazards. The list will serve as an important tool in combating the construction of additional polluting and hazardous facilities in areas that already bear more than their fair share of the burden.

Three Trees for Citizen Suits. This bill would create the Private Environmental Law Enforcement Act, providing New York citi­zens with the right to bring civil action against individuals who have violated certain provisions of the state’s Environmental Conservation Law.

Click here to learn more about these measures and what each will do to help or hurt New York’s natural resources.

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