Monday, May 3, 2010

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 40th anniversary of Earth Day and the 20th anniversary of New York’s Earth Day Lobby Day. And on April 20th, 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.

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