2008 LEGISLATIVE PRIORITIES

Environmental Advocates of New York supports the pieces of legislation listed below. Each is an important measure designed to protect the health of New York's environment and our families' quality of life. For a full list of our positions on proposed legislation (posted as bills are put on committee agendas in either house) click here to see our bill ratings.

Bigger Better Bottle Bill (A. 8044/S. 5856 & S. 3434): This bill would amend New York's Environmental Conservation Law § 27-1003(1) and the State Finance Law to expand and update the definition of "beverage" in the State Returnable Container Act (the bottle bill) to include non-carbonated drinks other than milk and liquor, and to direct the unclaimed deposit money derived from that program to the Environmental Protection Fund.

Climate Change Solutions Program Act & Fund (A.7365, A.7366/S. 5347, S. 5371): These companion pieces of legislation would ensure that the proceeds from any sale of emissions allowances (CO₂ or NO_x) are invested in energy efficiency, renewable energy programs, and programs that improve air quality.  

State Green Building Construction Act (A.2005-B/S.5442-A – Not Same As): This bill would require that construction of all new state buildings, and the substantial renovation of existing buildings, comply with the energy consumption and resource use standards as established by the Department of Environmental Conservation (DEC) in consultation with the New York State Energy Research and Development Authority (NYSERDA) and other relevant state agencies.

New York State Lighting Efficiency & Toxics Reduction Act (A.8641-B/S.6124 – Not Same As): This legislation would require the DEC to set electrical energy consumption reduction targets related to lighting and would also require the DEC Commissioner to establish a schedule of minimum energy efficiency standards for lighting in New York State.

Net Metering (A.8690-A): This bill would make solar eligible technologies for net metering and would expand the size of all eligible net-metered systems from their current limits to no more than 2,000 kilowatts. New York currently has the most restrictive net metering policy in the Northeast.  The bill would also make the state’s businesses eligible to take advantage of net metering, thus encouraging the use of clean, renewable energy. S.6507-A Wright is not currently active in the 2008 session.

Environmental Access to Justice Act (A.1435/S.5182): This bill restores the original legislative intent of the State Environmental Quality Review Act (SEQRA), by allowing individuals or groups to challenge a SEQRA decision if they can demonstrate that they will suffer injury from the environmental impact of a proposed project, without having to show that the harm they will suffer is different from that suffered by the public at large.

Wetlands Protections (A.7133/S.3835): This bill would amend the state’s Environmental Conservation Law to provide the DEC with regulatory authority over New York’s freshwater wetlands of one acre or more, regardless of whether that wetland has been mapped by the DEC.

Great Lakes Compact (A. 7266-B/S.4324-B): The Great Lakes-St. Lawrence River Basin Water Resources Compact will ratify New York’s participation in a multi-state agreement on the management of Great Lakes water to protect water levels in the Lakes and their tributaries, require New York to establish water conservation measures, prohibit the transfer of Great Lakes water outside of the Basin, and protect New York’s right to set stronger management standards.

ADDITIONAL PRIORITY ISSUES FOR 2008

Environmental Advocates will also engage in advocacy around the following issues:

Brownfields: We expect that legislation will be introduced by both houses and by the Governor to reform New York State’s Brownfield Cleanup Program and Brownfield Opportunity Areas Program. In addition to addressing the Program’s overly generous tax credits, Environmental Advocates seeks to reform and clarify the requirements for eligibility in the Brownfield Cleanup Program to ensure that all contaminated sites are cleaned up and redeveloped. 

Congestion Pricing Plan: Environmental Advocates believes that relieving traffic congestion is likely to result in better overall air quality for New York City residents while also reducing the pollution that causes global warming. Automobiles produce approximately one-third of the state’s emissions of climate-altering pollution. We will wait to review the final plan before taking an official position.

Community Preservation Act Expansions: Legislation will likely be introduced that would expand the Hudson Valley Community Preservation Act beyond Westchester and Putnam counties. The proposed measure would help to protect New York’s natural heritage by giving municipalities the authority to hold local referenda in which voters can decide for themselves whether or not to generate revenue for conservation by means of a real estate transfer tax.

Economy Wide Global Warming Pollution Cap: Environmental Advocates supports setting a statutory statewide cap on greenhouse gas emissions, similar to caps in California, New Jersey and Minnesota. In general, we would support legislation that sets a statewide greenhouse gas reduction targets from all sources and is in line with the recommendations of the United Nations’ Intergovernmental Panel on Climate Change. The Panel seeks greenhouse reductions of 80 percent from current levels by mid century.

Environmental Benefits Permit Strategy Reform: Language in the state’s Environmental Conservation Law currently directs the Department of Environmental Conservation to prioritize water pollution permitting activities. The agency uses this language as justification for ignoring 90 percent of these permits, thus endangering the health of New York’s waters. Environmental Advocates supports amending this language to clarify that permits must be reviewed every five years in compliance with the federal Clean Water Act.

Power for Jobs: Recipients of energy cost savings benefits under various low-cost power programs paid for by the Power Authority of the State of New York should be required to have an energy audit. In addition, Environmental Advocates supports amending the Economic Development Law to require recipients of subsidized power to invest in measures that either reduce energy consumption or greenhouse gases over a set period of time.