NOTICE MAKES GOOD NEIGHBORS

Legislature supports pesticide warnings

Audrey Thier

After years of public clamor, the State Legislature has finally given its approval to a Pesticide Neighbor Notification bill that, as of this writing, only awaits the Governor’s signature to become law. The legislation (S.8223/A.1461-A), which applies to commercial lawn applications and pesticide use in schools and daycare centers, increases New Yorkers’ right-to-know about pesticide use, and gives important tools to parents seeking to protect their families from these toxic poisons.

One of EPL/Environmental Advocates’ top legislative priorities for the past four years, the passage of pesticide neighbor notification is a significant victory for public pressure over vested interests. Through well-financed opposition chemical manufacturers, pesticide applicators and the New York State Farm Bureau (which opposed the bill even though it did not affect farmers), managed to block action in the Senate for years. Their grip was finally broken in the closing hours of this year’s legislative session by the relentless efforts of a strong coalition of environmental, breast cancer, and public interest activists from across the state, joined by the growing ranks of individual citizens who refused to accept that such an important health protection reform would be forever held hostage to industry lobbyists.

For all aspects of the bill, certain pesticides are exempted, including such things as biopesticides, non-volatile baits, and materials exempted from regulation by the federal Environmental Protection Agency (EPA), for example, pesticides based on such non-toxic substances as mint or garlic oils. In addition, granular pesticides (solid pesticides applied directly to the ground that are not powders or dusts) and small, ground, spot applications are exempted from the lawn application provisions, though not from the schools portion.

In the weeks prior to passage, the legislation received several boosts to help push it over the final rocky stretch. Citizens responded to action alerts from numerous organizations. One, published in the March Working Assets Long Distance phone bill (a long distance carrier that supports progressive causes), flooded key Senate offices with calls. EPL/Environmental Advocates ran a week of radio ads in the Capital District, urging a reluctant Senator Bruno to the negotiating table. And, in a timely move that underscored the real hazards posed by even the most common pesticides, the EPA banned chlorpyrifos, the most heavily used pesticide in New York State, for virtually all non-agricultural uses.

Even with the pressure being brought to bear in favor of this legislation, the forces marshaled against it still appeared to have the upper hand as negotiations faltered during the final weeks of the session. Credit for the bill's success is due to the Assembly sponsor, Thomas P. DiNapoli, whose dedication to seeing the strongest possible legislation enacted was unflagging, to Sen. Carl Marcellino, who faced an uphill battle in the Senate, and to Sen. Kenneth LaValle, whose appeals to Senate leadership during the crucial final weeks of the session helped break the impasse in that house.

The fact that the lawn notification provisions must be formally adopted by a vote of county legislatures (the school and daycare provisions will automatically go into effect statewide) is one of the chief compromises in the bill. We, and our coalition partners, will work to see this rectified in future years and to assist citizens working at the county level. The awareness of pesticide use that is sure to be encouraged by advance notice will provide both simple protection from exposure, and the impetus for advancing additional pesticide reductions statewide.

POWER PLAY

Kyle Rabin

The widely reported February accident at Consolidated Edison’s (Con Ed) Indian Point 2 reactor - a radioactive steam release triggered by a ruptured steam generator tube - offers a startling illustration of the dangers associated with exposing nuclear power to the competitive marketplace. While this accident garnered a great deal of media attention, another dangerous situation at the New York Power Authority’s (NYPA) Indian Point 3 plant (IP-3) last fall went virtually unnoticed, although both reactors are located just 35 miles north of downtown Manhattan. These are examples of what to expect in the new deregulated electric power industry.

According to the U.S. Nuclear Regulatory Commission (NRC), the Power Authority, in an effort to cut costs associated with refueling the IP-3 plant, knowingly exceeded federal regulations intended to protect plant workers from excessive radiation exposure. An NRC report dated December 8, 1999, documents repeated radiation contamination of plant employees working within IP-3’s containment building over a 40-day period last fall. Dozens of workers were contaminated as the direct result of "a conscious choice to relax some of the protective clothing requirements" because the cooling fans used in the warm reactor dome were broken. NYPA insisted that heat exhaustion was a bigger threat to worker safety than exposure to radiation.

According to the NRC report, "the radiation protection department did not provide effective guidance to preclude excessive personnel facial contaminations" and the "corrective action guidance after the first large number of contaminations did not prevent additional contaminations." There were 188 contaminations in all. At least two other options were available that would have protected workers from heat stress without sacrificing radiological protection. However, these would have led to refueling delays.

"The actions, and inactions, during the refueling outage strongly suggest that the plant owner placed more emphasis on the production goal than on the safety goal," wrote Dave Lochbaum, a nuclear safety engineer for the Union of Concerned Scientists, in a March 9, 2000 letter to the NRC. "Had safety been the top priority, the plant owner would have taken steps to ensure that the worker contamination goal was met. The facts clearly demonstrate which goal - production or safety - was prized by the plant owner."

In fact, the short refueling period came at a time when the Power Authority was involved in preliminary talks with Entergy Nuclear, Inc. over the sale of its two reactors. In an interview with a New York City TV station, a plant whistleblower said that employees were pressured to get the refueling done quickly. "There was a rush to get it done in 40 days and to impress the potential buyer of the plant," the whistleblower said. Mississippi-based Entergy Nuclear did reach a deal with NYPA in March to purchase the IP-3 reactor and its other nuclear plant near Oswego on Lake Ontario.

DIRECTOR'S CHAIR

Val Washington

We have frequently asked our members to weigh in on environmental policy issues in support of our campaigns. But in our entire history, we have never asked our members to express their thoughts about the organization itself. We are doing so now. We are asking you to help shape Environmental Advocates’ future.

Nineteen ninety-nine was our year for inspiration as we celebrated our 30 years of advocacy on behalf of New York’s environment. Still, some of those who we honored, while conceding the appropriateness of an occasional respectful nod at the past, chafed at the nostalgia surrounding their recognition, and protested that our focus should be forward looking. We bow to the humility of our heroes with the understanding that the greatest honor we can confer on them is to face the decades ahead with the same energy and vision they brought to their role in creating the modern environmental movement.

So, 2000 is our year for renewed vision. The staff and board are meeting regularly to create a new strategic plan for EA, to be finalized in the fall. And we need your help. Whether you are a long-time member or have just recently joined us, we want to know your reasons for supporting EA and whether we are meeting your expectations. How are we doing at keeping you informed about environmental policy in Albany? Are we working on the statewide environmental issues you care about?

As part of the strategic planning process we are also talking about ways we can be more effective in protecting our environment. Should EA form a legal clinic to sue polluters or government agencies? Should EA be more active in electoral politics? Should we have a program specifically designed to oversee the functions of the state agencies charged with protecting the environment?

PUT IT IN THE BOOKS

In this election year, the Legislature got busy and passed some important environmental bills

EPL/Environmental Advocates took positions - for and against - on 137 pieces of legislation during the year 2000 legislative session. The organization supported 13 bills that passed both the Senate and Assembly and will be sent to Gov. George Pataki for his signature.

This year's most significant legislative victories included a law concerning notification of pesticide use (see story, pg. 1), municipal control of jet skis and a ban of the toxic fuel additive MTBE. In addition to PESTICIDE NEIGHBOR NOTIFICATION, (A.1461-A, DiNapoli/S.8223, Marcellino), the Legislature also passed the NEW YORK CITY AVITROL BAN (A.1157, Grannis/S.663, Goodman), which prohibits the use of any pesticide containing the active ingredient 4-aminopyridine, including Avitrol, in New York City. Avitrol is used to poison nuisance pigeons, which in turn can become a poison source for other wildlife, pets and children.

The growing problems associated with personal watercraft will be addressed by two bills. JET SKIS MUNICIPAL CONTROL (A.8097-C, DiNapoli/S.5309-C, Marcellino) gives cities, towns and villages the authority to regulate these thrill craft which are major noise, air and water polluters and pose a significant menace to wildlife. JET SKIS EMISSIONS CONTROL (A.10851-A, Matusow/S.7440-A, LaValle) authorizes the Department of Environmental Conservation to adopt regulations consistent with California's toughest-in-the-nation air emissions rules for personal watercraft. The legislation includes a phase-in that will initially improve jet ski emissions 70 percent over those of unregulated engines. By 2008, the engines will be 65 percent cleaner than those required by current Environmental Protection Agency standards.

The MTBE BAN (A.5513-A, DiNapoli/S.6137-A, Marcellino) prohibits the importing, sale, dispensing and offering for sale of gasoline containing methyl tertiary butyl ether (MTBE) by 2004. An ether oxygenate, MTBE is highly water soluble and spreads faster through groundwater than other contaminants. Since 1990, it has been added to reformulated gasoline to improve combustion efficiency. MTBE, a suspected human carcinogen, has already contaminated many wells in New York.

New York's solid waste policy will be improved by several pieces of legislation. RECYCLING PROGRAMS COORDINATOR FUNDING (A.6439-C, Gunther/S.8087, Bonacic) provides for planning and promotional costs associated with recyclables recovery programs for municipal recycling projects. This bill allows for the funding of local recycling coordinators from the Environmental Protection Fund. The SCRAP TIRES RECYCLING COUNCIL (A.11105-C, Hochberg/S.7859, Marcellino) creates the State Council on Scrap Tire Management and Recycling, which will recommend to the Governor and the Legislature, on or before February 1, 2001, ways to address New York's waste tire crisis.

Energy policy will be affected by several pieces of legislation. NUCLEAR POWER STRANDED COSTS RECOVERY BAN (A.10096, Silver/S.7094, Velella) prohibits the recovery of costs in connection with a radiation leak at the Indian Point 2 Nuclear Facility. LONG ISLAND POWER AUTHORITY (LIPA) TERMINATION FEE PROHIBITION (A.8505-D, Englebright/S.8193, Johnson) prohibits LIPA from assessing additional termination fees for voluntary termination of residential electric service when customers switch to alternative energy sources. Barring LIPA from imposing this disincentive to residential customers will stimulate alternative energy production on Long Island, and create a model for the rest of the state. ENERGY EFFICIENT APPLIANCES (A.5302-A, Colman/S.7172, Morahan) requires state agencies to purchase appliances that meet certain energy efficiency standards promulgated by the New York State Energy Research and Development Authority. It also provides that building designs or specifications for construction or renovation of public buildings shall incorporate appliances and products which meet minimum standards.

In addition, the Legislature passed: CIVIL LIABILITY IMMUNITY (A.498-B, Destito/S.8080, Meier) which protects citizens from corporate retaliation with a civil liability immunity for actions taken in furtherance of the rights of public petition and participation; HUDSON RIVER CLEARWATER WINTER HOME (A.11065-B, Cahill/S.7854-A, Bonacic) authorizes the village of Saugerties to lease park lands and convey a right-of-way to the Hudson River Sloop Clearwater to build a permanent winter home on donated land; and FOREST PRESERVE, TOWN OF KEENE (A.11300, Brodsky, Little/S.7063 Stafford) which allows the Town of Keene in the Adirondacks to exercise its privilege to exchange 144 acres of land along the Ausable River for 12 acres of Forest Preserve land to be used as a cemetery. State voters previously approved a constitutional amendment allowing this specific land transfer. Final implementation will result in a net territorial gain for the Adirondack Park Forest Preserve.

EARTH DAY LOBBY DAY 2000

Record turnout helped support environmental agenda

After the morning session, several hundred environmentalists rallied outside the Capitol, and then delivered to the Governor's second floor office a 50-gallon barrel filled with letters calling for the refinancing of the state's bankrupt Superfund contaminated site cleanup program. EDLD participants also signed giant letters with the same message and delivered them to representatives of Assembly Speaker Sheldon Silver and Senate Majority Leader Joseph Bruno during afternoon lobby meetings.

More than 700 New York environmentalists representing over 50 local, state and national groups, came to the Capitol April 10 to lobby in support of a coalition agenda of Earth Day legislation and policy initiatives. Among those attending were more than 200 high school students, recognized by many of the day's speakers as the future of the environmental movement.

While not all of the Earth Day Lobby Day agenda was adopted by the Legislature, the mobilization helped win passage of the pesticide neighbor notification bill and the jet ski local control bill. The call for an end to funding for diesel buses in New York City as a key part of state efforts to improve air quality was successfully negotiated as part of the state budget. Meanwhile, the State Assembly passed the five-year moratorium on the planting and growing of genetically modified crops, two healthy school environments bills and energy conservation legislation similar to that advocated by the Earth Day Lobby Day coalition. The Legislature failed to act on Superfund refinancing brownfields reform.

Keynote speaker Samara Swanston, the Greenpoint/Williamsburg Watchperson, talked about the role of environmental justice in building a diverse and inclusive movement that represents the interests of all New Yorkers.

ENVIRONMENTAL ADVOCATES IN SHORT

Protect Nuke Whistleblowers

The Nuclear Regulatory Commission admits that it can only oversee a small portion of the nuclear industry. So it relies on plant employees to identify potential safety problems. Unfortunately, the system doesn’t always work.

In light of electric utility deregulation, which nuclear safety watchdogs believe has already led plant operators to cut corners and jeopardize employee health and public safety, protection of responsible workers is of increasing concern. During the just-completed legislative session, state lawmakers had the opportunity to do just that. Unfortunately, a bill introduced by Assemblyman Richard Brodsky and Sen. Thomas Morahan to establish a state nuclear power plant whistleblower access and assistance program failed. The Whistleblower Protection Act (which was sponsored in 1993 by then-Sen. George Pataki), states that a key element to the safe operation of nuclear power plants is a work environment that encourages employees to come forward with any concerns about reactor operation safety. This year, the bill passed the Assembly but was not voted on in the Senate due in part to opposition from industry lobbyists like the Energy Association, which inaccurately claimed that enough protections exist at the federal level.

Engineered Foods Moratorium

Last March, legislation that would impose a five-year moratorium on planting genetically engineered crops was introduced into both houses of the New York State Legislature. A.9871/S.6899 (McEneny/LaValle) enjoys the support of a diverse coalition of environmentalists, farmers and farming organizations and consumers concerned about the as-yet-unknown environmental, economic and health effects of these revolutionary crops. Although in the commercial market for only five years, genetically engineered crops already dominate the acreage of several major food staples, including corn and soybeans. But these crops entail a host of potential hazards - other plant species can become genetically contaminated with drifting pollen, wildlife and non-target insects may feed on plants engineered to produce their own poisons, and consumers ingest novel proteins that may pose allergy or toxicity risks. A moratorium would allow some breathing space to gather much-needed information about the full gamut of these hazards and it would also allow for regulations governing appropriate testing, as recommended by a panel of the National Academy of Sciences. With European and Asian markets rejecting these crops, a moratorium could also give New York State farmers a marketing advantage. Hearings are expected on these bills in the fall and winter in preparation for a renewed effort for their passage next session.

Something Fishy

In July 2000, the National Academy of Scientists released a study that estimates 60,000 children are born in the United States annually with neurological problems caused by exposure in utero to mercury. A primary exposure pathway is fish consumption by the mother. Yet little has been done by either the federal or New York State government to address mercury emissions poisoning from power plants and waste incinerators in state waterbodies. Power plants and incinerators continue to be major sources of mercury because of inadequate federal rules.

After testing just over 200 of New York’s thousands of lakes and rivers, the state issued advisories against eating fish from 25 lakes and reservoirs in the Adirondacks, the Southern Tier and the New York City watershed in the Catskills, because of potential health affects.

~~ Correction ~~

In the February 2000 issue of Albany Report, the first meeting of Environmental Advocates (then known as the Environmental Planning Lobby) in 1969 was incorrectly placed at the home of Edith Read. The meeting was actually held at the home of Susan Reed.

COMINGS AND GOINGS

After four years at Environmental Advocates, Claudia Fisher accepted a position as a Web developer with a local company. Claudia joined the canvass staff in 1996 and worked as both a computer science intern and as the canvass assistant before becoming the coordinator of information resources. Environmental Advocates wishes her well in her new position.

Environmental Advocates welcomed back Laura Cisco in January as our administrative assistant. Laura previously worked as EA’s membership assistant for almost two years. Laura has a BA in Philosophy from Union College and has worked as a volunteer for a number of local organizations.

Jaime Contois joined EA’s pesticide project in January. As pesticide program assistant, Jaime promotes the organization’s Pesticide Right-to-Know and Reduction Campaign. Before coming to EA, Jaime worked as an environmental educator and researcher and has a long history of volunteer and community work. Jaime also has an AS in Environmental Studies from Hudson Valley Community College and a BS in Biology from the State University of New York at Albany.

Ericka Small took over EPL/Environmental Advocates’ canvass director position in March. Ericka earned a BA in Political Science from Siena College and previously worked as a mortgage consultant for American Financial Services. She was active in college with the Student Organization for Animal Rights, and interned with Family Planning Advocates.

Deb Beaudry joined the EA staff in March as development associate. Deb brings with her a BA in English and an MA in Archaeology. Her previous experience includes working as a sales representative for a New Hampshire-based printing company.

EA’s most recent addition is Program Assistant Vicky Pike. Vicky tracks legislation and manages the distribution of memos in support of and opposition to key environmental legislation to the members of the New York State Legislature. She will also work on the production of the EPL/Environmental Advocates annual Voters’ Guide. Vicky previously worked as a legislative director in the Senate and Assembly and brings more than fifteen years of experience in state government to EA.

Interns Lisa Hall and Nathaniel Martin were also an integral part of this year's legislative session. In addition, Nathaniel worked with the organization's energy program, helping build a coalition against mercury pollution, and Lisa contributed to our solid waste project with PCB research.