June 24, 2005

Assembly 5 and Senate 0 on Protecting New York’s Environment

(Albany, New York) The Assembly and Senate will leave town today with markedly contrasting records on protecting New York’s environment. Early in the session a panel of New York’s environmental and conservation groups named five “Super Bills” that represented the highest priority environmental legislation in 2005. The Assembly passed all five of the Super Bills while the Senate went zero for five, failing to pass or allow floor debate, on a single one of the bills.

Each of the five Super Bills had broad bi-partisan support in both houses and at least three have enough votes to pass in the Senate. The Super Bills will figure prominently in EPL/Environmental Advocates annual legislative scorecard. The Community Preservation Act had been poised for a Senate floor vote for 7 weeks. It passed the Senate Environmental Conservation Committee in early May but was not allowed to be debated because a small fraction of Senators responded to pressure from real estate and “pro-sprawl” special interests. Ten Republicans and 22 Democrats were willing to sponsor the bill, giving it the 32 votes needed to pass. Unfortunately, by not passing the bill the Senate thwarted local communities’ ability to decide for themselves how to best protect natural areas and farmland. Governor Pataki also supported the legislation.

The Clean Water Protection/Flood Prevention Act had been ready for a Senate vote since April 11th, but Senate leadership refused to schedule debate. This measure also had strong bi-partisan support including 11 Republican sponsors and 20 Democrats requesting to be sponsors. The majority of Senators wanted to safeguard clean water and prevent flooding by protecting wetlands. But they were overruled by Senate Majority Leader Joseph Bruno who is personally opposed to the bill and wrongly believes that federal regulations are sufficient to protect New York’s wetlands. Governor Pataki had proposed wetlands legislation earlier in the year and was expected to sign this bill into law, if the Senate had passed it.

The Bigger Better Bottle Bill, which passed with bi-partisan support in the Assembly on Monday night, was ridiculed by Senate Majority Leader Joe Bruno who called it, “one of the dumbest things that has happened this year…” The legislation would increase recycling, prevent litter, and generate revenue for the Environmental Protection Fund. Twenty-seven Republicans and Democrats in the Senate expressed a desire to sponsor the bill.

Legislation that would cap the amount of climate altering pollution that dirty fossil fuel-fired power plants release in New York was also the victim of politics-as-usual in the Capitol. Despite 34 Senators being willing to sponsor the legislation, the bill was not even allowed to be put on the agenda of the Senate Environmental Conservation Committee.

The Burn Barrel Ban would have prohibited the backyard burning of garbage. When garbage which includes many types of plastic products is burned it releases high levels of dioxins and cancer-causing chemicals. Backyard garbage burning is the largest source of dioxin and is an easy way for children to be exposed to these chemicals. This bill was supported by more than 30 Senators from both parties.

“The desires of a few Senators took precedence over the democratic process and the needs of New Yorkers,” said Robert Moore, Executive Director of Environmental Advocates of New York, a leading government watchdog in Albany.

Environmental organizations noted that some good environmental and public health bills were sent to the Governor’s desk that created electric power efficiency standards for consumer and commercial appliances, enhanced incentives for solar power, and addressed mercury in consumer products and children’s vaccines.

But on the issues addressed in the Super Bills, the bottom line was that the Assembly stepped up and the Senate skipped out.