For environmentalists, the 2004 state legislative session has been a jarring disappointment. Expectations were not high to begin with — the defining issue this year was always going to be the school aid funding formula mandated by a state Court of Appeals ruling that New York City public schools were not receiving a fair share of state resources. But the ongoing lack of agreement between the Senate and Assembly on the environmental movement’s top legislative priorities has engendered a growing sense of frustration, anger and concern.
On the other hand, it’s not over yet. The failure of the Legislature to pass a budget means that lawmakers will be returning to the Capitol, and each visit offers one more chance to get something done. EPL/Environmental Advocates will be reviewing the session and grading members of the Senate and Assembly on their environmental performance in the annual Voters’ Guide, due out in early October. For now, however, the focus is on what still can be accomplished.
The Budget Given last year's decision to invest several hundred million dollars annually in the Superfund and brownfields programs, expectations for funded environmental initiatives in 2004 were modest. Most groups agreed to focus on the Environmental Protection Fund (EPF) and, based on the needs assessment carried out by Friends of the EPF last fall, urged that it be doubled to a total of $250 million per year. Revenue from the expanded bottle bill and increased pollutant discharge elimination fees, coupled with a greater share of the Real Estate Transfer Tax, would make that a relatively painless investment for lawmakers mostly interested in finding more money for schools. But Gov. George Pataki proposed an executive budget that off-loaded general fund capital spending and staff salaries into the EPF, reducing the fund’s actual value to about $97 million. Environmental leaders in both the Senate and Assembly told EPF supporters they would fight to restore the fund to its baseline level of $125 million and agreed that any new categories that are added — living museums (zoos, botanical gardens and aquaria), for example — would require additional dedicated revenue. To date, there have been no serious budget discussions. In addition, at least one important initiative from 2003 — a memorandum of understanding between the Governor and Senate and Assembly leaders on how to spend $15 million as part of launching the Brownfield Opportunity Area (BOA) program — is stalled by budget politics.
In Albany’s partisan atmosphere, budget negotiations only start when lawmakers face some type of absolute deadline. Currently there are three: July 30, set by the court as the date the Legislature must adopt a new school aid formula for New York City. Failure to do so gives the court the right to appoint a special master who will take over the budget process. The appointee, however, can only adjust the formula to increase spending in New York City. July 31, when the 10-year old Empire Zone tax incentive program expires. Originally conceived by the Legislature as a stimulus to urban revitalization, the program has been expanded and abused. And August 2, when the current 6-week budget extender expires.
Legislation None of the environmental movement’s big four bills, as defined by the Earth Day Lobby Day Coalition, have made it through both legislative houses this year. Stalled are Article X power plant siting reauthorization (A.6248 Tonko/S.4074 Parker), bottle bill expansion (A.3922-a DiNapoli/S.1696-a LaValle), banning backyard burning (A.5884 Koon/S.3340 Maziarz), and wetlands protection (A.7905-a DiNapoli/S.4880-a Marcellino). The Assembly passed the Article X, wetlands and backyard burning bills on April 19, Earth Day Lobby Day. Hope remains that lawmakers will still turn to the bottle bill for its revenue-raising potential, if not its merit as a waste prevention measure. But the powerful bottling industry lobby dominates in both houses. The Senate passed its alternative to the burning ban, which was opposed by environmentalists because it merely consented to again study the already known impacts of uncontrolled burning of household trash in rural areas. Attempts to jump start negotiations on power plant siting reform appear to have failed for now. The Governor has indicated support for the wetlands bill, so passage in the Senate would be a truly significant environmental achievement and lobbying and advocacy for the measure continues. Currently, the state can only regulate wetlands of 12.4 acres or more. The bill would bring the state in line with its neighbors that regulate wetlands down to an acre in size and less.
Four significant environmental bills did pass both houses, however, and are headed to the Governor for his signature. The wind net metering bill (A.4245 Englebright/S.4890-e Wright) will allow farmers and homeowners utilizing wind to create electricity to sell the excess back to the utility companies. It marks the first time wind generation has been eligible in New York for net metering. A ban on the use of elemental mercury (A.10051-a DiNapoli/S.7399 Marcellino) will continue the phase-out of this toxic substance from the environment. So will a ban on creosote-treated lumber (A.11693 Brodsky/S.4975-b Marcellino). Another successful bill will phase out the use of brominated flame retardants, used in computers and children's sleepwear, (A.10050 DiNapoli/S.7621 Marcellino) suspected of causing cancer. So the session has not been without its important victories.
Environmental Advocates of New York Board President Oakes Ames has announced that Robert Moore will be the organization’s new Executive Director.
"We are pleased to have Robert Moore join Environmental Advocates as our next Executive Director," Ames says. "He joins an excellent staff who will achieve great things for New York’s environment under his leadership."
Prior to joining Environmental Advocates, Moore served as the Lake Champlain Lakekeeper for the Conservation Law Foundation’s Vermont Advocacy Center. Before that Moore was the Executive Director of Prairie Rivers Network, Illinois’ only statewide river conservation group. Under his leadership, Prairie Rivers Network rose to prominence as one of the country's most respected statewide river conservation groups. For his work, Moore was recognized by the Natural Resources Defense Council and the Clean Water Network as one of the 30 Clean Water Heroes of the Past 30 Years. Moore is a nationally recognized expert on the federal Clean Water Act and its application to local and statewide pollution problems.
"Environmental Advocates is the premier environmental watchdog in New York and I am proud to be asked to lead this organization," Moore says.
As the Lake Champlain Lakekeeper, Moore created a new program to protect and restore the lake through science-based policy advocacy. As a result of his efforts more than 520,000 pounds of pollution were eliminated from the lake and its tributaries. He also served as co-chair of the Conservation Law Foundation’s Water Issues Team, identifying regional strategies for protecting waters across New England.
At Prairie Rivers Network Moore led the organization’s transformation into one of the most respected statewide river conservation groups in the country. Both the staff and the organization’s budget tripled in size while effective programs were developed for scrutinizing Illinois’ enforcement of the Clean Water Act and restoring the state’s rivers. The organization’s accomplishments included watchdogging the establishment of water quality standards and the issuance of water pollution permits. During Moore’s five years at Prairie Rivers more than 6.5 million pounds of pollution were eliminated from the state’s rivers. Moore also created and achieved passage of state legislation that prohibits the clear-cutting of forested areas along Illinois streams and drafted legislation that required polluters to pay for water pollution permits which was adopted into Illinois law in 2003.
Moore has a Master’s Degree in Atmospheric Sciences from the University of Illinois and a Bachelor’s degree in Physics from Illinois State University.
"Environmental Advocates’ core mission is to monitor and evaluate environmental legislation in New York," says Moore. "My goal is to continue this essential work and expand our watchdog activities to include oversight of decisions by state agencies which impact New York’s environment."
For more than 35 years Environmental Advocates has been one of the most important environmental organizations in the State of New York. As I speak to you through my first Director’s Chair column, I am impressed both by the organization’s accomplishments, and the scale of the environmental challenges that lie in New York’s future.
Over our long history, Environmental Advocates of New York has been the leading voice for some of the state’s most important environmental laws, including the State Environmental Quality Review Act (SEQRA); the Wild, Scenic & Recreational Rivers Program; the Environmental Protection Fund; the Hudson River Estuary Management Act; the Lead Poisoning Prevention Act; the 1996 Clean Water/ Clean Air Bond Act; and, in 2003, Superfund refinancing and the comprehensive Brownfields Cleanup Program. Each of these were enacted to fill a pressing conservation or public health need. In some cases years or decades went by before Environmental Advocates successfully prodded state legislators to act. In other cases we acted proactively, advocating in favor of forward-thinking policies before environmental threats could fully materialize.
There is no way to forecast the myriad threats we will face in the future. Global warming imperils entire ecosystems and places peoples across the planet at risk, while the Bush Administration resists taking meaningful action to curb our nation’s appetite for fossil fuels. More than 30 years after passage of the federal Clean Air and Clean Water Acts, our nation’s goals for the quality of our air and water are not yet realized. Due to the short-sighted decisions our increasingly mobile society makes with regards to land use we are faced with the dramatic impacts of sprawl on our natural resources and quality of life. None of these issues has a simple solution.
As we look to the future Environmental Advocates is positioning itself to address these challenges, and others that may arise, with a broader array of strategies. Given the politics of our state Legislature we cannot count on their swift action to solve difficult problems. We must look to other forums where our voice can make a difference.
We are expanding our efforts to watchdog the activities of the state agencies responsible for enforcing and implementing the laws that we work so hard to pass in the Capitol. We will continue our core mission of working on legislation, but we will also strive to hold other departments of government accountable for their actions.
As you read through this issue of Albany Report, I think you’ll agree with me that Environmental Advocates’ work is of the utmost importance — both inside and outside the Capitol. For me, it is an honor and a privilege to accept the position of Executive Director and to be part of this work. I know you feel the same way and I look forward to working with each of you as we strive, together, to protect New York’s environment.
Regulatory Watch: Keeping an Eye on New York State's Agencies
by Tim Sweeney
Brownfields Since its passage in October 2003, the Superfund/Brownfields law, and the Brownfields Cleanup Program in particular, have been recognized as a significant accomplishment for both elected officials and environmentalists, and a source of hope for thousands of New Yorkers living in communities threatened and degraded by the presence of contaminated lands. There is, however, growing concern over a delay in the implementation of this new law.
The concern arises over the failure of Governor Pataki, Senate Majority Leader Bruno, and Assembly Speaker Silver to complete a Memorandum of Understanding (MOU) that is required to get the Brownfield Opportunity Area (BOA) program underway.
The BOA program is intended to provide municipalities and community-based organizations with up to 90 percent of eligible costs to complete area-wide brownfield redevelopment plans and site assessments. BOA funds will provide the catalyst needed to end years of environmental blight caused by brownfields, particularly in New York’s underserved and minority communities and older urban and waterfront neighborhoods.
In an effort to stimulate some progress toward the MOU, Environmental Advocates of New York (EANY) drafted a letter to the three state leaders calling on them to begin negotiations. Joining EANY were: Citizen’s Environmental Coalition, Environmental Defense, Hudson River Sloop Clearwater, Natural Resources Defense Council, New Partners for Community Revitalization, New York City Environmental Justice Alliance, New York League of Conservation Voters, Scenic Hudson, Sustainable South Bronx, The Point Community Development, United Puerto Rican Organization of Sunset Park, Utica Citizens in Action, West Harlem Environmental Action, and Youth Ministries for Peace & Justice.
As is evident from the broad range of concern expressed in the letter, the successful implementation of the Brownfields Cleanup Program is vitally important to many New Yorkers. And, while applauding the leaders for their contributions to the creation of the Superfund/Brownfields law, environmental and community groups will continue to press for a timely resolution to the MOU stalemate.
DEC Staffing Citing continuing concerns over the New York State Department of Environmental Conservation's (DEC) increasing workload and decreasing staff, EANY has called on state Comptroller Alan G. Hevesi to conduct a thorough audit of the agency. The concern is that DEC will not have the necessary resources and staff to do its job adequately. Reduced staff and budget cuts do not necessarily equal environmental harm. However, significant staff reductions at the department can compromise effective protection of New York’s natural resources, and weaker implementation of the state’s environmental laws.
EANY's letter to the comptroller addresses several avenues of investigation that should be enlightening. Hevesi is encouraged to evaluate DEC’s performance in a number of specific areas including permit renewal/approval, air and water quality monitoring, staffing levels and the shifting of staff within the department, filling of staff positions with non-DEC employees, protection of wetlands, and management of the Environmental Protection Fund.
The DEC is facing the combination of a drastically reduced staff, diminished state resources, dwindling funds from the 1996 Clean Water/Clean Air Bond Act, and new statutorily imposed responsibilities. A thorough assessment of the department and its ability to fulfill its mission is timely and warranted.
A Green Light for Green Energy: New York gets a road map to its renewable energy future
by Anne Reynolds
When Gov. George Pataki directed the state Public Service Commission (PSC) to make sure that 25 percent of all electricity sold in New York is generated from clean and renewable sources in 10 years, environmentalists were encouraged. Finally, New York would be joining 13 other states in shaping a clean energy future. But then the wheels of government began to grind, and slowly. And the waste industry lobbied to make polluting trash incinerators eligible for this program. Other industry lobbyists quoted high costs and said the sky would fall. Skeptics advocated delay. Several extensive studies were commissioned as part of the PSC’s Renewable Portfolio Standard (RPS) case.
But now most of the results are in, and the path to New York’s clean and green energy future is clear. One study showed that the state could be powered by up to 10 percent wind and reliability would not suffer. And a cost study showed that ratepayers could see energy costs drop up to 1.2 percent or face modest increases of up to 1.8 percent, depending on the future price of natural gas. Also important, adding to the state’s portfolio of renewable energy sources will improve energy security by reducing dependence on fossil fuels and the cost of natural gas, and diversifying the energy supply.
The RPS will reduce air pollution and emissions of greenhouse gases. Oxides of nitrogen and sulfur dioxide, the pollutants that cause acid rain and urban smog, will be reduced by about 6 percent. Carbon dioxide emissions — which contribute to global warming — will decrease by about 7.4 percent. These improvements are critical, especially since 34 New York counties fail to meet the U.S. Environmental Protection Agency’s health-based air quality standards.
In early June, after 18 months of deliberations in a proceeding that involved over 150 parties representing industry, the environment, consumers and government, PSC Administrative Law Judge Eleanor Stein released a recommended decision to serve as a road map for how New York should achieve the Governor’s green energy promise. Consistent with Pataki’s 2003 message, the recommendations would achieve the 25 percent renewable energy goal by 2013. With timely implementation — the PSC could approve it in August — the RPS would make New York a national leader in renewable energy development while creating new opportunities for economic growth.
Properly designed, the RPS will encourage investors to build new wind farms, commercialize fuel cells, install solar photovoltaic systems, upgrade and improve hydropower facilities, and utilize otherwise wasted methane gas from landfills, farms, and sewage treatment plants. It may also stimulate investment in clean, innovative biomass projects.
One important feature of the recommended decision was its rejection of municipal solid waste as a renewable resource. Testifying in New York City at the first of eight PSC hearings on the RPS, EANY Executive Director Robert Moore said, "If we want to make the most progress towards our clean air and our electricity goals, we can’t include technologies that aren’t clean, and that don’t fulfill the spirit of Governor Pataki’s promise. The PSC should recognize that these incinerators are no cleaner than the coal plants we are trying to improve upon." Clean air advocates are concerned that language in the recommended decision leaves the door open to trash burning in the future based on untested technological advances. The definition of biomass should also be strengthened. Eligible sources include refuse derived fuel and urban wood waste if it is source-separated, untreated and uncontaminated. While theoretically this may be appropriate, it relies on inspection and verification systems that do not exist. To better ensure that the RPS meets its clean air goals, it should include air emissions criteria in the definition of eligible sources of biomass.
In the coming weeks, it is important to tell Governor Pataki and the PSC to adopt this decision as soon as possible, and bring the benefits of clean energy to New York. Mail comments to the Honorable Jaclyn A. Brilling, Secretary, NY PSC, Three Empire State Plaza, Albany, New York 12223. Call the toll-free opinion line at 1-800-335-2120 or submit comments via the PSC Comment Form in the Contact Us section of PSC’s website at www.AskPSC.com. More information about renewable energy is available at www.eany.org/issues/cleanair.html.
This summer, the Regional Greenhouse Gas Initiative (RGGI)
initiated by Governor George Pataki will reach its first anniversary. The RGGI is aimed at developing a multi-state program to control global warming pollution, primarily carbon dioxide produced by generators of electricity. Power plants are the largest individual sources of greenhouse gas emissions. The New England states, along with New Jersey and Delaware, have joined New York in this endeavor. Maryland, Pennsylvania, the District of Columbia, the Eastern Canadian Provinces and New Brunswick are observing the talks. Over the past 12 months, the participating states have formed a working group of conservation and energy agency staff, started a stakeholder process involving industry, environmental and consumer organizations, and begun to develop a framework for modeling various regulatory approaches.
In May, state conservation officials convened a New York RGGI stakeholder group. EANY is participating and has released a platform for action calling for a cut in carbon dioxide emissions of at least 30 percent from in-state electricity generators. Independent studies already conducted for the Governor’s Greenhouse Gas Task Force show this can be achieved. Thirteen other environmental and public health groups have endorsed the platform, which also calls on the state to begin implementing the carbon dioxide reductions by April 2005. For more information, visit: www.capcarbonnow.com.
Watershed World
After a year-long assessment and
planning process, changes are coming to the Great Lakes Aquatic Habitat Network and Fund (GLAHNF). GLAHNF's mission continues to be to foster and support vital, effective grassroots groups working locally to protect aquatic habitats throughout the Great Lakes Basin. Previously, network activities revolved around communication hubs in each of the Great Lakes states and Ontario. EANY served as the New York Hub for the past year. The new structure will focus assistance around the basin of each Great Lake. This approach should help GLAHNF link citizens and groups working on issues in the same watershed, provide networking assistance, and increase focus on watersheds and their healthy function rather than on geopolitical boundaries. Networking assistance will now be available through lake advisors in the basin of each Great Lake to help activists find the resources, experts and assistance they need. For more Information on GLAHNF, visit: www.glhabitat.org or www.GreatLakesDirectory.org.
Rochester's Great Lakes Hearing
In late May, several state Assembly committees held a
hearing in Rochester on issues affecting the Great Lakes watershed. Assembly Environmental Conservation Committee Chair Tom DiNapoli led the event and was joined by colleagues from the Rural Resources Committee and the Legislative Sportsmen’s Caucus. Members and staff of several legislative commissions including Water Resources and Toxic Cleanups also participated. DiNapoli credited EANY for helping to organize the hearing.
New York is downstream of the seven other Great Lakes states. So issues affecting the watershed have an increased urgency for state policymakers and activists, EANY Great Lakes Project Director David Higby noted at the hearing. This was evident by the diverse group of interested parties who testified on the need to clean up and protect the lakes. Donald Zalazny, representing Gov. George Pataki, said that the work now being accomplished by representatives of the Great Lakes governors to assure regional control of major water withdrawals and diversions could set a worldwide precedent for responsible water management. Sierra Club Conservation Chair Hugh Mitchell pointed to numerous toxic hot spots in the watershed, like an abandoned shipbuilding plant just outside Rochester, that remain unremediated. In fact, Mitchell noted, of the 43 most seriously contaminated shoreline properties identified by an international agreement 25 years ago, not one U.S. site has been cleaned up. Mitchell also spoke of the threat to the region of aggressive municipal water authorities. One in Monroe County, for example, is laying water pipe from Lake Ontario into green fields in the Finger Lakes region, ignoring any rationale of need and encouraging suburban sprawl. Ray Vaughn, a scientist working for New York State Attorney General Eliot Spitzer, explained how invasive aquatic species, which already cost the state millions to control, could be the largest single threat to the basin and its economy.
Reg Gilbert, of Great Lakes United, urged success for the current attempt to pass meaningful amendments to the Great Lakes Charter (known as Annex 2001). If they are delayed, Gilbert warned, thirsty western and Midwestern states that are running out of water options could use their voting advantage in Congress to take control of Great Lakes water use decisions. Already, despite its significant shoreline and watershed impact, New York receives just 3 percent of federal money spent on watershed restoration.
Sweeney to head regulatory Watch project: Interns Nedrow and Laddey help with legislative tracking
Environmental Advocates bid farewell in January to Karen De Vito. Karen, who directed EANY’s Regulatory Watch program, accepted a position with the New York City Department of Environmental Protection’s Office of Environmental, Health and Safety Compliance within the Bureau of Water and Sewer Operations. Her work there will focus on environmental regulatory compliance.
Tim Sweeney joined the EANY staff in March as the organization’s new Regulatory Watch Project Director. Previously, he was Environmental Associate at Hudson River Sloop Clearwater, working on the Hudson River PCB cleanup campaign and other issues affecting the river. Sweeney also worked on a broad range of other environmental issues with the Sierra Club Atlantic Chapter and the New Hampshire Department of Environmental Services. Tim holds an A.A.S. in Agriculture and Natural Resources from SUNY Cobleskill, a B.S. in Environmental Studies from SUNY College of Environmental Science and Forestry at Syracuse, and a J.D. from Franklin Pierce Law Center in Concord New Hampshire. Sweeney served with the U.S. Coast Guard from 1978-1982.
Ryan Laddey, a sophomore at Union College majoring in political science, wrapped up a four month internship in May. During his time at EANY, Ryan conducted research into wind energy siting and assisted with coalition work to strengthen federal clean air standards. Before coming to EANY, Ryan volunteered with The Nature Conservancy, the New Jersey Conservation Foundation and the Gifford Pinchot National Historic Landmark in Milford, Pennsylvania. He is also Treasurer of the Union College Environmental Club and a member of the Sierra Club Student Coalition. Ryan will spend this summer in New Hampshire working on Sen. John Kerry’s presidential campaign.
Just in time for the end of the legislative session, Katie Nedrow comes to EANY from Clifton Springs, New York where her family runs a dairy farm. A senior biology major at Cornell University, Katie will be working to control greenhouse gas emissions by assisting the Cap Carbon in New York Campaign with research and writing, as well as monitoring the Legislature during the hectic final days of session. Katie is involved with the Cornell Greens, plays flute in the Cornell University Symphonic Band and spent two months last summer on Appledore Island in the Gulf of Maine working at the Shoals Marine Laboratory.
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Tim Sweeney joined the EANY staff in March as the organization’s new Regulatory Watch Project Director. Previously, he was Environmental Associate at Hudson River Sloop Clearwater, working on the Hudson River PCB cleanup campaign and other issues affecting the river. Sweeney also worked on a broad range of other environmental issues with the Sierra Club Atlantic Chapter and the New Hampshire Department of Environmental Services. Tim holds an A.A.S. in Agriculture and Natural Resources from SUNY Cobleskill, a B.S. in Environmental Studies from SUNY College of Environmental Science and Forestry at Syracuse, and a J.D. from Franklin Pierce Law Center in Concord New Hampshire. Sweeney served with the U.S. Coast Guard from 1978-1982.