March 31, 2008

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

Green the Budget

Today's issue of The [Green] Capitol Insider is a little late, but we have a good excuse. Even now, budget negotiations continue in the State Capital. And while Environmental Advocates of New York cannot predict when the budget will be finalized, we can share what we are calling on the new Governor and state lawmakers to do. 

Keep RGGI Resources Clean & Green

Environmental Advocates is asking our leaders to dedicate  resources generated by the Regional Greenhouse Gas Initiative (RGGI) for clean energy and energy efficiency.

 

The state’s first auction of climate change pollution allowances under the RGGI is likely to happen in December 2008. That’s not too far off. We want the monies generated through those auctions to help save New Yorkers money on their utility bills, clean up our air, and offset the costs to implement the regional climate change plan.

Fix Title V & Make Polluters Pay 
We are also asking our leaders to fix the state's broken Title V Air Permit Program. Because of the program's outdated caps and fees, New York taxpayers--and not polluters--are paying a big chunk of the cost to regulate the state's air pollution. And that's against the law according to the federal Clean Air Act.

In this year's budget, we want lawmakers to update Title V by removing the 6,000 ton cap for which a facility can be billed, and raising the $45 per ton fee on pollution.

Just Say No (to Jamestown)

One small piece of the Senate budget proposal involves money for a carbon capture and sequestration feasibility study for an unbuilt (and un-permitted) coal-fired power plant in Jamestown, New York.

 

Environmental Advocates is asking the Senate not to budget for a proposal that doesn’t even have a permit. Talk about wasted green. We hope this scrap falls off the budget table.

Congestion Pricing
New York City Mayor Michael Bloomberg's plan for implementing congestion pricing must be taken up by the State Legislature soon, although it's likely to be discussed outside of the context of the budget.

Governor David Paterson introduced legislation that has been picked up in the State Senate and the Assembly. And an amended Senate bill popped up over the weekend. The New York City Council is expected to vote tonight (Monday).

More to Come 
Budget negotiations are sure to yield more environmentally relevant news in the next few days. We're keeping our fingers crossed that the across-the-board budget cuts agreed to by state leaders do not hamper the Department of Environmental Conservation's ability to enforce environmental law.

Stay tuned. 

New York's Dams Get No Love

New York’s dams aren’t getting the attention they deserve, according to State Comptroller Tom DiNapoli. In an audit released last week, the Comptroller found that the Department of Environmental Conservation (DEC) has provided little or no oversight of the state’s thousands of dams, despite calls for inspections from lawmakers and Environmental Advocates of New York.

We first called attention to this problem back in 2004 and 2005 in two Endangered Agency reports, which documented how DEC staff cuts under the Pataki Administration resulted in under-enforcement of the state’s environmental laws. Endangered Agency found that for years a staff of four was responsible for checking the safety of more than 5,500 dams—an impossible task. 

The Comptroller’s report looked at 32 dams, all of which the DEC had ruled safe despite years of documented structural or maintenance problems, and found that dozens of dams have gone for years, in some cases, decades, without inspection. Click here for the Comptrollers’ audit.

We should note that the DEC did receive some new staff last year, raising the number of dam safety inspectors. Our fondest hope is that these new staff will give New York’s dams the close inspections the state deserves, and public safety requires.    

Save the Date for Comptroller DiNapoli  

Comptroller DiNapoli is hosting a webcast on April 7, 2008, from 1 to 2:30 p.m. to hear from New Yorkers about what he can do to address the state's environmental challenges, as well as to share what he has done to "green" his office.

For more information, visit www.osc.state.ny.us/green. 

Super Bills 2008 

With Earth Day fast approaching, the Green Panel, which is made up of more than a dozen of New York’s leading environmental groups, has selected three priority measures for 2008. This year’s Super Bills include:

The Bigger Better Bottle Bill would update the state’s bottle deposit law to match consumer trends and include non-carbonated drinks such as water and iced tea. The bill would also direct unclaimed nickel deposits to the state’s Environmental Protection Fund. 

Wetlands Protections would give the Department of Environmental Conservation regulatory authority for the state’s freshwater wetlands of one acre or more, regardless of whether the wetland has been mapped by the agency. 

 

The Statewide Carbon Cap would require reductions in global warming pollution from all sources. Click here for more information.  

 

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.

 

SUPER BILL Three trees for the Statewide Carbon Cap. This bill would direct the Department of Environmental Conservation (DEC) to establish a greenhouse gas emissions limit from all sources in New York State and require that the limit would not be greater than 1990 statewide emissions. The bill also requires that the statewide limit would be reduced by 2.3 percent per year, until overall emissions reach 80 percent below the 1990 level.

Three trees for E-Waste Recycling. This bill would require manufacturers to submit for DEC aproval an electronic waste management plan. By 2014, manufacturers would be required to collect a minimum of one-quarter of their annual equipment sales (by weight) each year, and increase that collection rate to 45 percent by 2017.  

Click here to learn more about these measures.