EPL/ENVIRONMENTAL ADVOCATES LEGISLATIVE VICTORIES
2000 LEGISLATIVE SESSION

EPL/Environmental Advocates took positions - for and against - on 137 different pieces of legislation during the 2000 legislative session. The following are the 13 bills the organization supported that passed both the Senate and Assembly and will be sent to Gov. George Pataki for his signature. Bills are rated on a scale of 1 to 3 trees, indicating their relative environmental benefit, 3 trees representing the most significant environmental victory.

JET SKIS EMISSIONS CONTROL – (A.10851-A, Matusow/S.7440-A, LaValle) - Authorizes the Department of Environmental Conservation to adopt regulations consistent with the state of California regarding emissions from personal watercraft. Faster and more ambitious than that mandated by the federal Environmental Protection Agency (EPA), this plan includes a phase-in that will initially improve jet ski emissions 70 percent over those of unregulated engines. Two more steps will, by 2008, result in engines that are 65 percent cleaner than those regulated under concurrent EPA standards. (Signed 9/8 chapter 417 of the Laws of 2000)

PESTICIDE NEIGHBOR NOTIFICATION – (A.1461-A, DiNapoli/ S.8223, Marcellino) - Allows counties and the City of New York to opt in to a program that requires commercial lawn applicators of pesticides to provide 48-hour prior notice to occupants of neighboring properties and homeowners to post signs after applying pesticides on their property; requires school officials statewide to offer advance notice to parents and guardians before pesticides are applied in school facilities, and requires periodic reports to all parents and guardians of school pesticide use; and mandates prior notice via posting at drop-off locations of pesticide use to all parents and guardians of children attending day care centers. (Signed 8/25, chapter 285 of the Laws of 2000)  

JET SKIS MUNICIPAL CONTROL – (A.8097-C, DiNapoli/S.5309-C, Marcellino) - Gives cities, towns and villages the ability to regulate personal watercraft (jet skis). These thrill craft are major noise, air and water polluters and pose a significant menace to wildlife. This bill will enable localities throughout the state to curb jet ski use. Bringing these pests into the regulatory fold was the top priority of EPL/EA’s Adirondack Project this year. (Signed 9/1, chapter 415 of the Laws of 2000)

RECYCLING PROGRAMS COORDINATOR FUNDING - (A.6439-C, Gunther/ S.8087, Bonacic) - Provides funding from the Environmental Protection Fund for planning and promotional costs associated with recyclables recovery programs for municipal recycling projects. Education and coordination are important components of New York’s recycling policy. (Signed 7/11, chapter 146 of the Laws of 2000)

SCRAP TIRES RECYCLING COUNCIL – (A.11105-C, Hochberg/S.7859, Marcellino) - Creates the State Council on Scrap Tire Management and Recycling consisting of 17 members; and mandates that the Council recommend to the Governor and the Legislature, on or before February 1, 2001, a permanent and dedicated funding source, considering various alternatives including those proposed to the Council by the Departments of Environmental Conservation and Economic Development. (Signed 9/20, Chapter 464 of the Laws of 2000)

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). Since 1990, it has been added to reformulated gasoline to improve combustion efficiency. An ether oxygenate, MTBE is highly water soluble so that when gasoline leaks or spills onto the ground the MTBE spreads faster through groundwater than other contaminants. MTBE, a suspected human carcinogen, has already contaminated many wells in New York. (Signed 5/24, chapter 35 of the laws of 2000)

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 (IP2). On February 15, 2000, a rupture in a steam generator tube triggered a “level 2” emergency at the IP2 plant. Because plant owner Consolidated Edison was delinquent in its maintenance of the facility, the company, rather than ratepayers, will bear the costs of repairing the facility and purchasing replacement electricity. (Signed 8/8, chapter 190 of the Laws of 2000)

 

PESTICIDES: NEW YORK CITY AVITROL BAN – (A.1157, Grannis/S.663, Goodman) - 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, but can also poison other wildlife, pets and children. Avitrol is too deadly and too blunt an instrument to be used in an urban setting. (Signed 8/23, chapter 348 of the Laws of 2000)

LONG ISLAND POWER AUTHORITY TERMINATION FEE PROHIBITION – (A.8505-D, Englebright/S.8193, Johnson) - Prohibits the Long Island Power Authority (LIPA) from assessing additional termination fees for voluntary termination of residential electric service when a residential user switches to alternative energy sources. The production and use of renewable sources of electricity generation is growing in New York. Yet power companies are currently allowed to penalize residential customers who attempt to choose cleaner power sources. Barring LIPA from imposing this disincentive to clean power will stimulate alternative energy production on Long Island, and create a model for the rest of the state. (Delivered to Governor 11/27)

HUDSON RIVER CLEARWATER WINTER HOME – (A.11065-B, Cahill/S.7854-A, Bonacic) - Authorizes the village of Saugerties to lease certain park lands and convey a right of way to the Hudson River Clearwater. For over two decades, the village of Saugerties has been the winter home of one of New York’s most successful environmental projects, the Hudson River Sloop Clearwater, a historic replica of the ships that sailed the Hudson during the 19th century. This legislation clears the way for the not-for-profit organization to build a permanent winter home on donated land. (Signed 9/20, chapter 463 of the Laws of 2000)

FOREST PRESERVE, TOWN OF KEENE - (A.11300, Brodsky, Little/S.7063 Stafford) - Allows the Town of Keene in the Adirondacks to exercise its voter-approved privilege to exchange 144 acres of land along the Ausable River for 12 acres of Forest Preserve land to be used as a cemetery. In the general election of 1995, state voters approved a constitutional amendment allowing this specific land transfer. Final implementation will result in a net gain of significant territory for the Adirondack Park Forest Preserve, benefiting all New Yorkers. (Signed 10/4, chapter 517 of the Laws of 2000)

CIVIL LIABILITY IMMUNITY - (A.498-B, Destito/S.8080, Meier) - Establishes a civil liability immunity for actions taken in furtherance of the rights of public petition and participation; makes related exceptions dealing with findings of frivolous conduct. (Vetoed 11/15, veto memo # 54)

ENERGY EFFICIENT APPLIANCES - (A.5302-A, Colman/S.7172, Morahan) - Requires state agencies to purchase appliances that meet energy efficiency standards promulgated by the president of the New York State Energy Research and Development Authority; requires that minimum standards be established for lighting, heating and cooling units, motors, refrigerators, furnaces, boilers, etc. by specific dates. Also provides that building design or specifications for construction or renovation of public buildings shall incorporate appliances and products which meet minimum standards. (Signed 9/20, chapter 451 of the Laws of 2000)