The [Green] Capitol Insider - 5.31.2010

NYS LEGISLATURE SWALLOWS POISON PARKS BILL

Last week, Governor Paterson backed the New York State Legislature into a corner. In a move to correct his own errors in underfunding the Office of Parks, Recreation and Historic Preservation in his budget proposal earlier this year, the Governor forced a vote on his proposal to provide money to open state parks at the expense of the Environmental Protection Fund (EPF).

The State Legislature buckled under tremendous political pressure and a deal was done by the beginning of Memorial Day weekend. The State Assembly passed the bill by 80 to 47 and the next day, the bill passed the Senate 32-27.

The agreement made approximately $11 million available to allow parks to open for the weekend, but slashes the 2010-11 State Fiscal Year appropriation for the EPF to $134 million, a cut of 37 percent from last year’s funding level of $212 million, and one of the lowest levels of funding in more than a decade. While all categories of the EPF were funded, and the integrity of the EPF was protected by removing the Governor’s proposal to use the EPF to support state agency operating costs, this piecemeal approach to budgeting makes little sense.

This disproportionately large cut comes on top of the nearly $500 million that has been swept from the Fund in recent years, threatening its solvency and creating a significant backlog of unfunded projects, straining organizations, municipalities and others partnering with the state on environmental programs.

On the other hand, the final package included good news for New York’s environment. The bill that passed both houses, and was signed by the Governor, included a long-sought after program to deal with electronic waste. The new e-waste bill will require product manufacturers to be responsible safe disposal and recycling of electronic equipment, including televisions, computer monitors, computers, keyboards, mice, printers and cables, as well as allow for free e-waste recycling for a wide range of consumers, and create strong collection standards for businesses.

As the rest of the budget is negotiated, Environmental Advocates, along with other organizations, will urge the Legislature to revisit the EPF and create a repayment plan for the nearly half a billion dollars that has been taken in recent years for non-environmental purposes. Such a plan is necessary to enable the State to address the large backlog of conservation and restoration projects. A repayment plan is essential for the State to protect the clean air, water, and land that benefit all New Yorkers.

Listen here. Read more here.

And here. And here.

GASLAND

The issue of hydraulic fracturing and horizontal drilling (“fracking”) for natural gas is center stage on the minds of New Yorkers across the state. And thanks to the recipient of this year’s Sundance Film Festival Special Jury Prize, “GASLAND,” the issue is gaining attention nation-wide.

You can help spread the word and generate momentum for stronger protections against the dangers of industrial drilling by hosting a house party for the GASLAND premier on HBO at 9 pm on Monday, June 21, 2010.

Fracking involves the injection of millions of gallons of water mixed with a toxic cocktail of chemicals into shale deposits deep underground. But industrial gas drilling could cause severe and lasting damage to New York’s underground water supplies. GASLAND is a poignant view of what happens when drinking water is ruined by industrial gas drilling.

We’re helping to coordinate house parties to spread the word and build support for comprehensive legislation on fracking in the New York State Legislature this year. It is critical that we inform as many people as possible about the real effects of fracking on the lives of everyday citizens, and this is your opportunity to start this conversation in your community.

We’re hoping to encourage our friends and neighbors to coordinate GASLAND viewings at their homes, libraries, schools and community centers to help spread the word about the dangers of natural gas drilling.

If you would like to host a gathering to view GASLAND on the evening of the HBO premier, Environmental Advocates of New York is here to help. We will provide you with suggested discussion questions, FAQs about natural gas drilling in New York, and some ways you and your friends can make a difference on this important issue.

Please call Marcy Stengel at 518-462-5526 for more information on how to get involved.

With the health and safety of millions of New Yorkers on the line, we’re hard at work to ensure that our voices are louder than the voices of the deep-pocketed drilling companies. We thank you for your ongoing support—we couldn’t do this work without you.

For more information about the film, click here.

GAME ON: ANDREW CUOMO JOINS RACE FOR GOV

After weeks of rumors, Attorney General Andrew Cuomo officially tossed his hat into the gubernatorial race for 2010 last week. In his race for Governor, he has published a few details in his playbook for our air, land and water as well.

We’re glad to see the Attorney General has identified protecting New York form the dangers of natural gas drilling as a priority. And we’ll be looking for the next New York Governor to put forward a strong proposal along these lines.

As Governor, Cuomo has identified the following priorities for New York’s environment:

• Making sure health and environmental risks are comprehensively studied before natural gas exploration in New York’s Marcellus Shale formation occurs;
• Ensuring that, as the State’s fiscal position improves the Environmental Protection Fund will again be used only for the purpose for which it was created;
• Ordering greater focus on environmental justice to identify adverse human health effects on racial and ethnic minority and low-income populations and to develop strategies to eliminate practices, which have a disproportionate impact on such groups; and,
• Pushing to find alternative sources of energy generation; including accelerating efforts to achieve energy efficiency and expanded sources of renewable energy, supporting a solar energy industry and maximizing Green Jobs.

We’re looking forward to hearing more about Cuomo’s plan for protecting our air, land and water and will keep you posted as we find out more.

NATURAL GAS DRILLING MOBILE ACTION

Environmental Advocates of New York has partnered with Mobile Commons to integrate our action alerts with SMS text messages. Text FRACNO to 69866 and stay up-to-date on statewide efforts to enact measures that will safeguard our air, water and communities from the dangers of natural gas drilling in New York.

You can also sign up through our homepage, or via Facebook.

We'll alert you at key moments with the critical information you need to contact top decision-makers during the fight to protect New York from the threats of natural gas drilling.

What will you get when you join?

1. Action Alerts to contact your lawmakers about important drilling legislation.

2. Opportunities to contact candidates running for statewide office and a chance to tell them to take a strong stand for our waters and communities.

3. Updates on natural gas drilling events in New York.

Join the fight! Get in contact with your lawmakers when it matters most.

BILLS ON THE MOVE

It’s that time again! Every week during the Legislative Session, Environmental Advocates of New York looks at the measures that will impact the environment for good or ill.

Two smokestacks for Jamestown Dirty Coal Plant Tax Credit - This legislation makes the Jamestown Board of Public Utilities eligible for the qualified Empire Zone Enterprise Tax Credit which would subsidize the construction of an unnecessary coal-fired power plant.

Two trees for TV Efficiency - This bill would establish energy efficiency standards for televisions. It would impose watt usage limits on televisions manufactured starting in 2011. For example, a 42 inch screen television would be required to consume 183 watts or less by 2011 and 115 watts or less by 2013, as opposed to the almost 300 watts a television could currently use.

Three trees for Child Safe Products - This bill amends the Environmental Conservation Law to better regulate use of toxic chemicals in children’s products and requires the Department of Environmental Conservation (DEC) to define chemicals of high concern and publish a list of those chemicals. It also requires disclosure by children’s product manufacturers as to whether their products contain priority chemicals, and provides the DEC with the authority to evaluate and authorize safer substitutes and chemical alternatives. This bill also grants the DEC authority to prohibit the manufacture, sale or distribution of a children’s product containing a chemical of high concern.

Two trees for precautionary Principle - This bill establishes the New York State Health Protection Act. The measure would make it state policy to take precautionary measures to protect public health and the environment. It would further make a lack of full scientific certainty insufficient cause to postpone precautionary action to protect public health on the part of state or local governments.

Two trees for Power Solutions Program - This bill extends New York’s Power for Jobs program until June 30, 2011 and creates the Power Solutions Program. Under the Power Solutions Program energy efficiency and energy audits are criteria upon which potential recipients of subsidized low-cost power will be evaluated for their eligibility for the program.

Two trees for EPF Repayment - This bill would require that the New York State Division of the Budget (DOB) and the Office of the State Comptroller (OSC) transfer funds from the General Fund to the Environmental Protection Fund (EPF) if funds are insufficient to cover current and prior year obligations.

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

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

Environmental Advocates is a member of EarthShare, a federation of the nation’s most respected environmental charities. To find out more about how and your workplace can support Environmental Advocates through an EarthShare campaign, please call us at 518.462.5526, or visit www.earthshare.org. To donate through EarthShare, designate your donation to Environmental Advocates of New York, CFC #97425.

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The [Green] Capitol Insider - 5.17.2010

DOUBLING DOWN: THE FURLOUGH LOW-DOWN

In an effort to save cash, Governor Paterson announced a few weeks ago that he would include a one-day-a-week furlough plan for certain New York State employees in his emergency spending bills — the bills that keep New York State government running without a budget. Although the Legislature held their noses and signed-off on the Governor’s legislation that would have forced 100,000 state workers to take mandatory unpaid leaves of absence, a federal judge swiftly intervened at the request of the public employees unions. On May 10, U.S. District Court Judge Lawrence Kahn issued a temporary restraining order and blocked the plan that would have taken effect today.

And it’s a good thing too, especially for the state’s primary environmental agency, the Department of Environmental Conservation (DEC). Environmental Advocates of New York learned that under the Governor’s plan, oil spill responders would have been furloughed, despite their clear public health and safety function. If the furloughs were to go into effect, DEC regional offices would have had drastically reduced capacity to respond to oil spills on certain days. Currently, the DEC employs 90 people across the state to oversee chemical, pesticide and oil spills.

Given all the attention paid to the ecological disaster unfolding in the Gulf of Mexico, the proposal to furlough these critical state workers is startling.

We don’t want a massive oil spill in our Great Lakes, or off Long Island Sound, or New York Harbor. New York/New Jersey has the biggest harbor on the east coast; an oil spill from one of the thousands of ships arriving each day would devastate the region, and without the proper number of staff, would be almost impossible to clean up. The agency needs the staff available to safely and effectively clean up contamination. Under Governor Paterson’s plan, we won’t have that guarantee. Talk about risky business.

Now the unions and the Governor’s lawyers get to fight this out in court. Let’s hope furloughs get axed once and for all and keep New York State from playing oil spill roulette.

Read more about the furloughs here.

And here, & here, & here.

MID-TERM GRADES: NEW YORK STATE SENATE REPORT CARD

Last week our sister organization, EPL/Environmental Advocates, released mid-term report cards for the New York State Senate. It might not surprise some that 29 State Senators and nearly 90 percent of the Republican minority conference are currently receiving failing grades for 2010.

To date, the Senator’s scores are largely influenced by their individual votes on the Environmental Access to Justice Act, a bill that would restore the right of citizens to challenge the results of environmental reviews, a high-priority bill for the environmental community in 2010. The bill was defeated on the floor of the Senate on April 22 by a vote of 32 to 29. The 32 “No” votes were a major factor in separating the green villains from the superstars.

The Republican minority in the Senate has a house average of 48, with 26 of the 30 members receiving failing grades. Among those failing is Senator Vincent Leibell (R-Brewster), who has a score of 50. Senator Leibell has long been a champion of measures to protect water quality, parklands, and drinking water, but his failure to vote for the Environmental Access to Justice Act in April is a black mark on his green credentials.

A few Democrats should also be very concerned about their green grades. Among them are Senators Darrel Aubertine (D-Watertown), William Stachowski (D-Buffalo) and David Valesky (D-Syracuse) who all have scores of 60, bringing their conference’s average down to 86. All three Senators voted against the Environmental Access to Justice Act.

But EPL/Environmental Advocates pointed out that there’s still time for these three Senators, and others, to improve their grades. A favorable vote on the Global Warming Pollution Control Act—a bill that would reduce climate change pollution from all sources until total greenhouse gas emissions are reduced 80 percent by the year 2050—and votes to restore the State’s Environmental Protection Fund and securing agency funding in the budget, as well as keeping state parks open, would give under-performing legislators a munch-needed boost in this year’s Voters’ Guide, due out in October.

Click here to see your Senator’s score.

Click here to read more.

INTRODUCING: THE AMERICAN POWER ACT

After nearly a year spent trying to craft a comprehensive climate and energy bill, draft legislation made its debut in the United States Senate last week. The American Power Act, sponsored by Senators John Kerry (D-Massachusetts) and Joe Lieberman (I-Connecticut), is a 987-page document that its sponsors claim limits climate-altering emissions, reduce oil imports and creates millions of new energy-related jobs.

The bill’s overall goal is to reduce greenhouse gas emissions by 17 percent below 2005 levels by 2020, and by 83 percent by 2050. The reduction targets generally match those in a House bill passed last year, although the 2020 target is slightly less ambitious.

But with the defection of the bill’s Republican sponsor, Senator Lindsey Graham (R – South Carolina), prior to introduction the big question is whether the bill still has legs. And the oil spill in the Gulf continues to cast a long black shadow over bill’s give-aways to fossil fuel companies contained in the Senate draft.

What is clear is that the U.S. Senate needs to pass the strongest climate change package possible and that this bill is far from final. New Yorkers should be pressing their Senators to up the ante.

Read more about the legislation here.

And here.

and here.

BACK TO THE GLOBAL WARMING ROUNDTABLE

With prospects of federal legislation looking uncertain, New York State Senator Antoine Thompson, Chair of the New York State Senate Committee on Environmental Conservation, is hosting a roundtable discussion today to discuss his proposal to reduce New York’s portion of the pollution that causes global climate change — the Climate Change Pollution Act (S.4315).

This bill would direct the Department of Environmental Conservation to establish a greenhouse gas emissions limit from all sources in New York State and require that the limit not be greater than statewide emissions for the year 1990. The bill would then further reduce pollution until overall emissions reach 80 percent below 1990 levels.

Reducing the pollution that is changing our climate is one of the greatest challenges we face today. According to scientists, setting reduction targets like those in the Global Warming Pollution Control Act are necessary in order to stave off the worst effects of climate change.

Although the bill has already passed the State Assembly, the Senator is convening the discussion to entertain amendments. We’ll report back on what gets discussed and whether the changes make sense.

Staff and members of Environmental Advocates of New York are on hand at the roundtable to show their support for this legislation and state-based actions to reduce greenhouse gas emissions.

GULF, OIL & THE DELTA

Jim Tripp, Environmental Advocates of New York board member and General Counsel at Environmental Defense Fund, appeared on Charlie Rose last week as part of a discussion of the BP oil spill in the Gulf of Mexico. Jim has been involved with restoration efforts in Louisiana for many years. Click here for more information.

BILLS ON THE MOVE

It’s that time again! 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 Oil Spill Fund Environmental Liens – This bill would give the New York Environmental Protection and Oil Spill Compensation Fund (Oil Spill Fund) priority over most other liens on property where an oil spill has occurred and the owner is financially responsible for the cleanup.

Three trees for Solar Industry Development & Jobs Act - This bill establishes a solar photovoltaic market by creating an obligation for utilities and energy service companies to acquire tradable solar renewable energy credits. The act also establishes a target of 5,000 MW of installed solar PV capacity by 2025.
Click here to learn more about these measures and what each will do to help or hurt New York’s natural resources.

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

Environmental Advocates is a member of EarthShare, a federation of the nation’s most respected environmental charities. To find out more about how and your workplace can support Environmental Advocates through an EarthShare campaign, please call us at 518.462.5526, or visit www.earthshare.org. To donate through EarthShare, designate your donation to Environmental Advocates of New York, CFC #97425.

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The [Green] Capitol Insider - 5.3.2010

FRACTURING THE STATE ON NATURAL GAS DRILLING?

Last week, the New York State Department of Environmental Conservation (DEC) announced that the New York City and Syracuse drinking watersheds will be treated differently from other watersheds when it comes to natural gas drilling. These unfiltered watersheds will be excluded from the pending generic environmental review process that must be completed before natural gas companies wanting to drill using high-volume hydraulic fracturing, or “fracking,” can move forward in New York.

Several groups, including Environmental Advocates of New York, pointed out that the DEC's announcement does nothing to address the risks of fracking in the vast majority of the state where the new drilling technique could be used. Click here to read our statement.

Click here to read a statement from Natural Resources Defense Council, Catskill Mountain Keeper and Assembly Speaker Sheldon Silver.

The DEC’s plan does not actually prohibit drilling in these areas. But we’d like to say that we’re glad that the Department realizes that protecting these watersheds is extremely important and presents special circumstances for consideration.

Fracking has a documented track record of contaminating water supplies and releasing toxic chemicals into the air and water in other parts of the country, including Colorado, Pennsylvania, Wyoming and Texas. The proposed technology would also have substantial impacts on valuable lands used for watershed protection, wildlife habitat and outdoor recreation.

Environmental Advocates will continue to work with other organizations to ensure that if fracking comes to New York, the highest standards and best protections for all our waters are on the books. We are working to make sure that the State Legislature enacts strong laws and gives DEC new guidance about updating its regulations before any fracking is allowed in the state.

Listen to more here.

Read more here. And here.

Watch more here.

NYS LEGISLATURE VOTES GREEN ON EARTH DAY LOBBY DAY

Last week marked the 40^th anniversary of Earth Day and the 20^th anniversary of New York’s Earth Day Lobby Day. And on April 20^th, Governor David A. Paterson, U.S. Environmental Protection Agency (EPA) Region 2 Administrator Judith Enck and State Comptroller Thomas P. DiNapoli joined an estimated 200 New Yorkers before they made their way to the State Capital to call on the Legislature to enact key “Super” environmental legislation pending in both houses this session.

Led by Senator Thompson, and Assemblyman Sweeney, Chairs of the Senate Environmental Conservation Committees in their houses, the State Legislature responded. Each house passed a number of green bills and set the stage for what could be a very productive session for New York’s environment.

Most notably, the State Senate passed the Electronic Waste (E-waste) Recycling Act, a bill that would remove tons of toxic e-waste from our landfills by requiring electronics manufacturers to collect and recycle their products. With the Assembly advancing a very similar version of the bill in their budget package, this Super Bill appears to be well on its way to become law, provided that a few details can get worked out.

In the Assembly, an overwhelming majority of members voted for and passed another Super Bill, the Global Warming Pollution Control Act. This bill would reduce greenhouse emissions 80 percent below 1990 levels by the year 2050 and is awaiting action by the Senate Finance Committee Chairman, Carl Kruger.

For a full list of the bills passed in the Assembly, click here.

And here for the Senate.

Click here to see pictures from Earth Day Lobby Day.

Read more about Earth Day Lobby Day here. And here. And here.

WHO STOOD UP FOR SEQRA STANDING: AND WHO DIDN'T

We already mentioned that the State Legislature worked hard to pass some green legislation this Earth Day (see above) but one Super bill made it to the floor of the State Senate but failed to pass.

In a bold move, Senate Conference leader John Sampson pushed the Environmental Access to Justice Act to the floor for a vote as part of their Earth Day package. The bill would have amended state law related to who has standing to sue when state and local governments do a shoddy job of implementing the State Environmental Quality Review Act.

But as is often the case in Albany, a small army of lobbyists representing real estate developers, chemical industries, power plant and transmission line proponents, and other special interests defeated the measure by a close vote 29 ayes to 32 nays.

Every member of the Republican minority–including some Senators who are generally sympathetic to environmental issues such as Frank Padavan (R-Queens), Ken LaValle (R-Selden) and Vinny Lebeill (R-Brewster)–and three upstate members of the Democratic majority voted against this Super Bill. The three Democratic Senators who voted against the bill were Senator Darrel Aubertine (D-Watertown), Senator William Stachowski (D-Buffalo) and Senator David Valesky (D-Syracuse).

Let’s hope this isn’t a sign that these three upstate Democrats won’t be obstacles to environmental gains the rest of the year.

Environmental Advocates commends the Senate leadership for taking up the debate and allowing the public to see which elected officials voted for the environment and supported citizens' rights to due process and which ones lined up with special interests.

BILLS ON THE MOVE

It’s that time again! 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:

Two Trees for New Residential Building Code – This bill creates a state energy code for residential buildings and sets a new minimum performance-based energy efficiency level for all new residential construction.

One Smokestack for Waste Prevention Program Eligibility - This bill changes the definition of eligible projects under the New York State waste prevention program. It would allow businesses to use funding from the Environmental Protection Fund for the end-of-pipe pollution control technology projects designed to achieve compliance with the Environmental Conservation Law.

Two Smokestacks for Oversized ATVs - This bill would amend the Vehicle and Traffic Law to include vehicles up to 1,500 pounds under the definition of “all terrain vehicle” (ATV).
Click here to learn more about these measures and what each will do to help or hurt New York’s natural resources.

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

Environmental Advocates is a member of EarthShare, a federation of the nation’s most respected environmental charities. To find out more about how and your workplace can support Environmental Advocates through an EarthShare campaign, please call us at 518.462.5526, or visit www.earthshare.org. To donate through EarthShare, designate your donation to Environmental Advocates of New York, CFC #97425.

FOLLOW US ON TWITTER AT @GREENWATCHDOGNY


FIND US ON FACEBOOK

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