National Wildlife Foundation New York affiliate of the National Wildlife Federation
the [green] capitol insider

October 1, 2007

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.

Where’s RGGI?

By now you probably know that folks familiar with the regional climate pact have affectionately nicknamed the plan RGGI, short for the Regional Greenhouse Gas Initiative. The RGGI is the 10-state plan to cut emissions from power plants.

 Originally conceived in 2003 as a state-level answer to a lack of federal action to address the threats of climate change, RGGI was unveiled by the governors of seven Northeastern states back in 2005. The plan is designed to cap climate-altering Carbon Dioxide (CO2) emissions from power plants (and ideally generate new investment in clean energy and energy efficiency with proceeds from emissions auctions).

 While states are now formalizing their rules to guide RGGI implementation and CO2 auctions, New York is lagging behind. Although the Department of Environmental Conservation (DEC) floated a proposed informal draft rule for public comment last December, the agency has yet to release its formal rule. And the clock is ticking. The regional climate pact is set to go into effect in less than 16 months.

 So what’s the hold up?

Most likely, the reason is that the state’s environmental agency wants a rule that will work and not be subject to more scrutiny than absolutely necessary from those whose interests (namely, the power producers) are counter to RGGI aims. And no question, Environmental Advocates of New York would prefer a rule that works.

 Worst case is that the DEC is starting to cave from pressure from power producers, and is considering weakening their proposal in ways we may not like.

We’ll keep an eye on the clock and keep you posted on RGGI’s progress.

Brownfields Forever?

Last week several green groups suing the New York State Department of Environmental Conservation (DEC) over the agency’s new Brownfields Cleanup Program regulations issued a report that outlines just how dirty the program really is, especially when compared to those in other states. 

The report, Cleaning Up: Fixing New York’s Broken Brownfield Cleanup Program, charges that weak soil cleanup standards and other flaws in the program will result in dangerous and dirty sites that will pose significant health threats to children and the environment. 

The groups released the report on the same day that the New York State Senate and Assembly Environmental Conservation Committees held their second hearing on the status of the brownfield cleanup law.  

The cleanup regulations were adopted during the waning days of the Pataki Administration. The groups contend that the rules developed by the DEC and the New York State Department of Health do not meet the law’s stringent standards for protecting human health and the environment, and that the new regulations actually exclude many sites that should be eligible for the program.

In addition, tax credits available to developers through the Brownfield Cleanup Program are out of whack with cleanup costs and overly generous to site developers, and therefore unsustainable for New York State.

For example, according to government estimates, owners of the BASF Plant in Rensselaer, NY, will receive upwards of $40 million in tax credits for a cleanup that is anticipated to cost only $800,000.

For the record, Environmental Advocates of New York would like to see the program fixed so that it’s affordable and doesn’t overly reward developers. We’d also like to see the tax credits incentivize development in Brownfields Opportunity Areas (BOA) consistent with the established BOA plan.  

Click here to read the complete report.

"An Inconvenient Truth” at St. Bart’s

Join us on Tuesday, October 23, in New York City for a special live presentation and discussion of “An Inconvenient Truth” by singer and advocate Kathy Mattea and NYS Department of Environmental Conservation Commissioner Pete Grannis.

 WHEN: 6 p.m. Tues., October 23

WHERE: Saint Bartholomew’s Church, Park Avenue at 51st Street, NYC

Sponsored by Environmental Advocates of New York, NYS Senator Liz Krueger, and Saint Bartholomew’s Church, the event is FREE and open to the public. Come early to reserve your seat.

Return of the Lawmakers?

Some folks are saying that New York State lawmakers will return to Albany later this month (on the 22nd to be more precise) for another special legislative session. This could be good news for environmental interests, especially when it comes to the Great Lakes Compact.

In case you don’t remember, the Senate passed the Compact late in the session, while the Assembly, which passed a version of the bill back on Earth Day, ran out of time to pass the most up-to-date version of the measure, due to an administrative error.

 The Compact is the eight-state agreement designed to protect the Great Lakes from harmful water withdrawals.

 Keep your fingers crossed. If the Assembly passes the amended bill and the Governor signs it, New York will become the third Great Lakes state to ratify the Compact.

Pesticide Use on the Decline

Late last week the NYS Department of Environmental Conservation (DEC) was happy to report that pesticide use violations are on the decline for the third year in a row.

 This is good news from where we sit. Environmental Advocates has long supported reduced pesticide use to lessen the public’s exposure to these often toxic chemicals.

 Under the state’s Pesticide Reporting Law, commercial pesticide applicators and sellers are required to annually report pesticide use and sales to the DEC. And the DEC says those numbers are down. For more information, click here.