June 29, 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.

Gavel In, Gavel Out: No NYS Senate News    

As you probably know by now, after a mere five months as the majority party in the New York State Senate, the Democrats became the minority on June 8^th when two Senate Dems broke ranks to vote with Republicans to install Dean Skelos (R-Rockville Centre) as Majority Leader—replacing Malcolm Smith (D-St. Albans)—and making Pedro Espada, Jr. (D-Bronx) President of that house.

It was a watershed moment, considering there were two weeks left in the Legislative Session to wrap up the people’s business and policy making came to an abrupt halt.

The other Senate Dem to break ranks, Hiram Monserrate (D-Queens) soon switched his allegiance back to the Democrats, leaving the Senate evenly split at 31-31. This leaves the State Senate deadlocked and makes it virtually impossible for either party to reach quorum needed to conduct business, also known as voting on legislation.

Since the Legislative Session technically ended on June 22^nd, Governor David Paterson has called senators back to Albany for “extraordinary session.” And lawmakers are complying, kind of. Legislators enter the Senate Chamber, gavel in, and then just as quickly gavel out. Sometimes the two parties enter the Chamber and gavel simultaneously, with two gavels.

In the meantime, there’s been talk of compromise and binding arbitration. Some say there’s a resolution in the works.

Which brings us to today. There is no “new” news from the Senate. What follows is a brief report on what New York State senators have accomplished to date.

Since the Legislative Session began back in January, the Senate has passed two environmentally significant pieces of legislation: a bill that provides for the refinancing of the Metropolitan Transportation Authority (MTA); and a resolution to allow National Grid to construct a less invasive power line on forest preserve lands.

This means that four of the environmental community’s priority Super Bills await action. These high-priority bills are identified each year by the Green Panel, which includes the leaders of more than a dozen of New York’s environmental organizations. The 2009 Super Bills include:

The Global Warming Pollution Cap that would reduce New York State's climate change pollution from all sources until total greenhouse gas emissions are reduced 80 percent by the year 2050. Before the coup, the Cap was gaining traction in the Senate with dozens of sponsors; it’s now in limbo.

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 state 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.

Good Green News from the Assembly

All is not lost. While the Senate power struggle grew to a fever pitch, the Assembly showed real “green” leadership and worked into the wee hours as the Session clock ticked down.  

The Assembly passed a slew of bills to protect the health of our shared environment, including four Super Bills, as well as the Climate Change Solutions Act and Fund—legislation that would keep resources generated by the Regional Greenhouse Gas Initiative clean and green and dedicated to energy efficiency and renewable energy.  

And the Assembly’s Earth Day agenda included bills such as Recyclables in Landfills—legislation to prohibit the disposal of recyclable materials in landfills and incinerators—and a ban on Bisphenol A (BPA) to prohibit the sale of certain toys, products and food and beverage containers lined with, or containing, BPA intended for use by children.  

However, without a Senate vote, and the Governor’s signature, these bills will not become law. But don’t give up hope. We haven’t. At least not yet.

Both houses of the Legislature may return to Albany to pass critical environmental bills before the year is out. And we hope that all of our state senators—both Democrats and Republicans—recognize the benefit of taking action now, not later, on legislation that would protect New York’s environment and reducing the state’s contributions to global warming.  
Read more here, here, here, here and here. 

Pulling a Fast (& Dirty) One

In the midst of the chaos in the Capitol, Governor Paterson slipped a dirty bill into the Senate’s “extraordinary session” calendar. The bill would fast-track a carbon capture and sequestration (CCS) pilot project for the Jamestown Board of Public Utilities.

We think the Governor is trying to pull a fast one. While all eyes are on the mess in the New York State Senate, Paterson’s slipping a dirty plan with a big price tag to build an unnecessary coal-fired power plant into a pile of non-controversial bills. Before leaving town, the Assembly elected not to vote on the bill.

If New York State senators get their acts together, they should do the same.

The Governor first announced plans to increase state investment in the coal project last year. At the time, we criticized the Governor for increasing investment in unproven technology during a fiscal crisis and endorsing the Jamestown plant prior to the completion of required studies.

The proposed plant would be the first new coal-fired power plan built in New York in more than 25 years.

This new coal-fired power plant shouldn’t be built and here’s why:  

It’s not needed. Eighty to 90 percent of Jamestown’s power is provided by low-cost hydropower from the New York Power Authority. Jamestown can meet its relatively small power needs with cleaner and less expensive options such as buying off the grid, energy conservation, and wind energy. 

It’s too expensive. The new plant is estimated to cost hundreds of millions of dollars. Even if half this amount is provided by federal subsidies, Jamestown ratepayers will likely be asked to cover the remaining price tag.

The electricity this plant will produce will be too costly. The electricity that will be produced will cost up to 20 cents per kilowatt hour, that’s more than double what New York ratepayers are paying now.

It’s dirty. Even if this experiment works, the plant would only be obligated to capture and sequester about 55 percent of its carbon dioxide emissions. That’s about 190,000 tons of carbon dioxide into the atmosphere each year—equal to the emissions of 35,000 cars and trucks. Energy efficiency and wind energy produce zero emissions.

There may be an upside to the mess in the New York State Senate: this bill won’t see the light of day. We’ll keep you posted.  Read more here and here.

Everything's ACES

Last Friday, Congress made history by passing the nation’s first legislative plan to reduce the pollution that is changing our climate. It was a squeaker with 219 for and 212 against.

The American Clean Energy & Security Act of 2009 (ACES) isn’t perfect, but the bill would make a significant dent in our greenhouse gas emissions.

ACES was introduced this spring by two House Democrats (Representatives Henry Waxman of California and Edward J. Markey of Massachusetts). Simply put, it’s designed to reduce climate-altering pollution in order to avert the worst effects of global warming.

The bill is a cap-and-trade plan to reduce greenhouse gas emissions and require utilities to meet 20 percent of their electricity load with renewable energy or energy efficiency by 2020. The legislation cuts climate pollution 17 percent from 2005 levels by the year 2020, and by about 80 percent by the year 2050. ACES also calls to update for the nation’s aging power grid, more electric cars and better energy efficiency for buildings and appliances.

This legislation will expand the use of renewable energy such as wind and solar, promote energy efficiency (the most cost-effective way to reduce pollution and carbon emissions), and curb carbon emissions by implementing a national cap-and-trade system.

Many green groups are looking at the upcoming battle for this bill in the Senate as an opportunity to strengthen the bill, Here’s our wishlist, in no particular order: 

• Eliminate any handouts to oil or coal industries.
• Increase the percent of carbon dioxide (CO2) allowances to be sold at auction.
• Restore the 20 percent reduction in climate pollution by 2020 target (it’s at 17 percent now).
• Reduce the amount of emissions eligible for coverage by offsets.
• Retain the EPA’s ability to regulate CO2 as a pollutant  
• Ensure that allowances given to utilities must be used for consumer benefit in the form of investments in energy efficiency and renewable energy.
• Increase overall funding for energy efficiency.
• Retain the states’ role in administering efficiency programs.

Click here to read more. And here.

Bills on the Move

Every week during the State 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.

Three Smokestacks for Dirty Coal Plant. This bill would create a statutory framework for the construction of a coal-fired power plant with a carbon capture and sequestration (CCS) pilot project in Jamestown, NY.

Three Trees for E-Waste Recycling. This bill would require electronics manufacturers in New York State to collect and recycle or re­use their products at the end of their useful lives.

Two Trees for Phosphorous Ban. This bill would prohibit certain house­hold cleansers from containing more than trace amounts of phosphorous, prohibit the sale of dish­washing detergents that contain more than five tenths percent phosphorus, and prohibit the sale of cleansing products used in food and beverage processing equipment and dairy equipment which contain more than eight and seven-tenths percent phosphorus. The bill would also ban the use of fertil­izers containing phosphorus under certain conditions. 

Two Trees for the 2009 Bond Act. This bill authorizes the creation of the Clean Water, Clean Air & Green Jobs Bond Act of 2009, which would create state debt in the amount of five billion dollars for the preservation, enhance­ment, restoration and improvement of New York’s environment.

Two Trees for Municipal Green Energy & Efficiency. This bill would authorize municipalities to establish green loan programs to finance the purchase and installation of residential solar and wind generating systems, as well as energy efficiency audits and installations.

Two Trees for Gas Well Drilling Tests. This bill would establish requirements for ground and surface water testing prior to drilling for oil and natural gas. 

One Tree for Power for Jobs Reform. This bill extends New York’s Power for Jobs program until May 15, 2010, and amends it to require all recipients of state subsidized low-cost power to undergo a com­prehensive energy audit.

One Tree for NYPA Energy Efficiency. This bill would establish energy efficiency and clean energy initiatives to be administered by the New York Power Authority (NYPA).  It also allows for public entities to enter into leases or other agreements with NYPA to install clean energy systems on site.

One Tree for the Orange County Community Preservation Act. This bill would add Orange County to those counties already included in the Hudson Valley Community Preservation Act.  

One Tree for Wetlands Penalties. This bill would increase and better define civil and criminal penalties for violations of the state’s freshwater wetlands 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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