We have been extremely disappointed in the Public Service Commission’s handling of the deregulation of the electric power industry and will be looking to the Governor and the Legislature to promote clean, efficient, and sustainable energy solutions. Towards this end, we will support legislation to foster consumer choice for electricity, remove market barriers to clean energy sources, and provide incentives and investment for efficiency and commercialization of renewables.

We urge the legislature to take a comprehensive approach to energy issues, similar to the approach taken in last year’s Omnibus Clean Energy Development Act, sponsored by Assemblymember Paul Tonko and passed the by the Assembly in 2000, which would incorporate the systems benefit charge (SBC) into law; implement some fair competition measures by removing barriers to clean distributed generation; provide energy efficiency funding through LIPA and NYPA; and allow net metering of wind generated electricity. The following issues should be dealt with in such a bill, and if not as part of a comprehensive package, as individual initiatives:

Clean Power. We can greatly improve New York’s environment and public health by encouraging the development and use of energy from renewable resources such as solar, wind, tidal, fuel cell, methane, and sustainably managed biomass (excluding burning of solid waste) to lessen the demand on fossil fuel fired power plants. We would support legislation that ensures that at least 10% of New York’s energy is generated by renewable resources. Massachusetts, California, and Texas have this standard and labeling requirement. A Renewable Portfolio Standard would require each electricity provider to make a percentage of the energy supplied come from renewable sources, and would also require disclosure of the sources of energy provided to consumers to foster choice of cleaner alternatives. The percentage should increase gradually to 10% after 13 years. We would also support legislation that offers financial incentives for the installation of renewable resource power generation by residential, commercial and public entities, including a net metering bill for wind generation so those consumers with wind power are able to sell their excess back to utilities.

NYPA Oversight Legislation. Because NYPA is a public agency, there is a strong rationale for requiring open and public accountability for its plans and expenditures, particularly in light of its recent scheme to place ten new turbines in already overly burdened neighborhoods in New York City with virtually no impact analysis. NYPA also has a larger responsibility to invest in efficiency and conservation projects, and this investment should be legislated.

Standards for Dirty Diesel Generators. Legislation is needed to protect air quality and public health from dirty power in the form of diesel generators, particularly in New York City where the air quality has earned it one of the lowest health classifications in the country. Currently, many small (usually diesel) generators are only used during blackouts, and no emission standards apply. Unfortunately, it appears that they are now being viewed as backup generation to address peak demand problems. Further, deregulation is expected to foster the development of small distributed electric generation units. Because current regulations do not cover facilities that generate less than 1 megawatt, a new program is necessary to ensure that distributed generation is clean and efficient.

Mercury Pollution Prevention. (Mercury is discussed more fully below as an environmental health issue). At a time when the federal government is looking at mercury pollution reductions from power plants and the DEC is looking at NOx and SO2 reductions from power plants, it makes sense for New York to begin to regulate mercury — one of the most potent unregulated toxins pervading our environment — thereby requiring power providers to retrofit their plants at once, rather than piecemeal over the course of years as new pollutant requirements come into effect. This would thus benefit both public health and industry while re-establishing New York as a leader on air quality issues.

Last year we supported an Assembly bill, sponsored by Assemblymember Grannis, that would put in place new standards for mercury emissions from power plants and waste incinerators to achieve a 90% reduction statewide. It would also require DEC to quantify emissions from certain sources and report on mercury reductions.

Energy Efficiency. Prior to deregulation, the electric utility industry was required to encourage reduction of energy use through conservation programs. Although the PSC agreements continue this requirement, it amounts to a fraction of the effort that was made in the past. We support a bill that would require the Power Authority to provide at least $100 million annually in financial assistance in the form of loans, interest subsidies, or principal reductions for energy conservation projects for qualifying applicants. The financial assistance would be repaid to the Power Authority over a ten year period with the economic savings from the energy conservation measures.

Nuclear Energy. Several key energy policy issues related to the proposed sale of nuclear power plants in New York warrant a closer look by the State Legislature. These issues include: 1) the long term storage of spent commercial nuclear reactor fuel in New York, 2) the decommissioning of nuclear power plants, 3) the release of the nuclear sites for alternative uses, and 4) the safe operation of nuclear plants under competitive market conditions. Every one of these issues has long term consequences for the economic well-being of several New York communities, the public health of current and future generations of New Yorkers, and the quality of sensitive environmental resources. We will be urging passage of several specific proposals:

– Nuclear Power Plant Whistleblower Protection. This bill, sponsored last year by Assemblymember Brodsky and Senator Morahan, would establish a nuclear power plant whistleblower access and assistance program under the direction of the New York State Energy Research and Development Authority (NYSERDA) to help assure that whistleblowers have somewhere to turn, other than their supervisors, when safety concerns arise. With deregulation, the Nuclear Regulatory Commission (NRC) depends more than ever on workers at nuclear plants to be the “eyes and ears” for the NRC.

— Nuclear Power Plant Divestiture. We support a bill introduced last session by Assemblymember Tonko that would provide a process for the sale of nuclear assets by investor-owned electric utilities (i.e. Niagara Mohawk Power Corporation) and the Long Island Power Authority. This bill would require the Public Service Commission (PSC) to prohibit electric utilities from selling their nuclear assets unless conditions were met to assure that safety will not be adversely impacted in the deregulated energy market and that prospective owners fully disclose their plans for plant decommissioning. – Recycled Radioactive Material. Radioactive waste from 50 years of atomic weapons and nuclear power production is making its way into general commerce. The Department of Energy is currently sending radioactively contaminated metals from nuclear weapons sites to regular scrap yards to mix with clean metal for unrestricted public use. There is no safe level of exposure to ionizing radiation, so it makes sense to prevent all unnecessary exposures. We support legislation that would place a moratorium/prohibition on the sale of recycled radioactive materials including metals, plastics, and soils. To the extent this material is used for consumer products we urge passage of legislation that would require the labeling of products made from recycled radioactive material. – Other Nuclear Legislation. We also support: – Funding for Strontium-90 research, particularly studies in communities around nuclear power plants to explore the suspected link between exposure to Sr-90 in the environment and cancer; and – A prohibition on the sale of irradiated food, or, alternatively, labeling for irradiated food offered for sale in New York.

Brownfields and Superfund

EPL•Environmental Advocates supports the legislative approach of the Brownfields Coalition. The Coalition bill would address brownfields and superfund sites.

Brownfields. New York, particularly its urban centers, is suffering immeasurably from a lack of state policy that encourages the clean up, redevelopment and reuse of contaminated properties, known as brownfields, that do not currently fall under any government cleanup program. The existing disincentives to the economic recapture of brownfields contribute to the deterioration of our cities and to the unsustainable suburban sprawl that threatens our environmental and social fabric. Environmental Advocates supports the adoption of policies and laws that offer attractive incentives to development when protective cleanups and meaningful community involvement are assured.

Superfund. The State superfund is running out of money to clean up our most significant hazardous waste sites — which number in the hundreds. Remaining funds are already committed, with hundreds of sites yet to be addressed. We urge the Governor and the Legislature to pass a refinancing plan for superfund with major funding from industrial fees. The plan should also include reforms that streamline the superfund process and provide for the clean up of significant sites that currently do not come within the superfund program -- specifically “hazardous substance” sites, which deserve attention but have been left out because of a historical bill-drafting anomaly.

Under the Coalition bill, the Superfund program would be incorporated into a larger brownfields program in the interest of consistent cleanup standards and liability rules. Also included is a reinvigorated enforcement program that forces polluters who decide not to participate in a cleanup program to pay for the contaminated sites that they created.

Solid Waste

Updating New York’s Bottle Bill. New York’s 18 year-old Deposit Law (Bottle Bill) should be expanded to include non-carbonated flavored drinks and other beverage types outside the original law that are gaining an increasingly large share of the marketplace. Enforcement provisions should be tightened to bring the weakest geographical redemption areas into compliance.

Waste Tires. Despite increasing awareness of the issue, New York remains among a handful of states with no policy for dealing with waste tires. The Legislature recognized this problem with the passage of a bill last year that creates a temporary state Scrap Tire Council. It directs the Council to forward its policy recommendations (with an identified revenue source ) to the governor and the legislature by February 1, 2001 (the Council itself sunsets on April 1). This is a genuine opportunity for New York to establish itself as the national leader on responsible scrap tire management with new legislation that emphasizes waste reduction, extended producer responsibility and true recycling while eschewing landfilling and incineration.

Burn Barrels. The long-neglected problem of backyard trash was highlighted in a 1997 EPA study on the subject, conducted in concert with the NYS DEC and DOH. The study revealed that the practice of open burning is even dirtier and more dangerous than previously assumed, Still, burn barrels remain legal in New York in communities with populations under 20,000. We will continue to urge a statewide ban on backyard burning of household trash.

Recycling/Packaging. Exaggerated official reports boast of achieving the target 40% in State recycling since the SWMA went into effect. Unfortunately, the actual number falls far short of statutory goals and achievable reductions. Too often the response to recycled products market fluctuation is a cutback in recycling programs and personnel. We will be working with legislators and agency staff to promote market pull strategies for recycled material and to assure that adequate government resources are committed to recycling on the state, municipal and local levels. We will support measures to refinance municipal recycling co-ordinator positions throughout the state and to update the state’s procurement policy to help stabilize markets.

Pesticides

Urban Pesticide Use. With the release of pesticide reporting data and its explication by Environmental Advocates in its Plagued by Pesticides report in 1998, New York became aware for the first time of the enormous amount of pesticide use in New York City. Environmental justice groups prompted Assemblyman Keith Wright to introduce a bill that would require an examination of urban pesticide use and opportunities for implementing alternatives. Since that time, spraying for West Nile virus raised the collective consciousness of urban pesticide risks and galvanized many urban activists with whom we now work more closely on these issues. Turning this fresh energy to the problem of routine pesticide use is the next challenge.

Other Pesticides Measures. In addition to these key bills, there are also bills on farmworker safety, phase-out of pesticide use by state agencies (paralleling our municipal phase-out campaign), and local control of pesticide regulation that we will be supporting.

Environmental Health

Mercury. Because it is a potent and ubiquitous neurotoxin, mercury has few rivals as an environmental health menace in New York. Whether borne by air, water or consumer products, mercury is very dangerous - it has been shown to be directly toxic to the nervous system, kidneys and liver, and is a particular threat to women of childbearing age since it can cause of host of problems in fetal development. Mercury deposition and contamination is widespread throughout the environment, and EPL•Environmental Advocates will work within several issue areas to confront the problem:
-- Air/Energy. Various combustors, including waste burning facilities, utility and non-utility boilers and various manufacturing sources, emit mercury along with other pollutants from their stacks. We will be working to make sure all emissions-related legislation and rule-making includes mercury abatement language, and, when appropriate, we will be promoting mercury-specific reduction measures.
-- Solid Waste. Removal of mercury from the waste stream can, and should, be accomplished through a number of long-overdue common sense strategies, including planned phase-outs, labeling and other notification/disclosure techniques, and collection of existing inventories. Since municipal waste incinerators are the single largest air borne mercury source, we will continue our ongoing trash plant oversight work to effect legislation prohibiting the incineration of any mercury-bearing materials.
-- Adirondacks. New York has thousands of lakes (more than 3,000 in the Adirondack Park alone), but to date the NYSDEC has only tested 200 lakes for mercury. Adirondack lakes are particularly vulnerable since acidified lakes provide a more efficient mercury transmission medium; of the lakes tested, a dozen in the Adirondacks have warranted a mercury fish advisory. We will work to see that acid rain legislation takes into account the threat of mercury deposition, and we continue to push water protection measures that will stop the degradation of Adirondack waterways.
-- Wildlife Issues. Contamination of freshwater fish is currently the most visible hazard of mercury deposition, but it also poses a serious threat to other piscivorus wildlife such as loons, eagles, mink and osprey. We will draw on our own experience and our affiliation with the National Wildlife Federation to advocate for legislation that eliminates this peril.

Environmental Justice. We support environmental equity legislation designed to protect minority and low-income populations from the disturbing pattern of siting noxious and dangerous facilities disproportionately in their communities. We are also working with other groups, including those in the environmental justice movement, to develop an urban agenda that addresses a range of health and environmental issues, including the asthma epidemic that plagues city residents and the high levels of lead contamination that impairs childhood development. We will also continue our campaign for a statewide urban reforestation fund to plant and sustain city trees and strongly urge the creation and protection of more open space in urban neighborhoods through the Environmental Protection Fund and the 1996 Environmental Bond Act.

Healthy Schools. Environmental Advocates will be working with the Healthy Schools Network and other advocates for children's environmental health on an agenda of bills to improve the learning environment. We believe at a time when the state is raising standards that will have a profound impact on the lives of students and teachers, New York must guarantee that school buildings and grounds are not only physically safe, but also healthy:

– The School Pollution Prevention Purchasing Program will establish state criteria and sample product lists for less-toxic products commonly in use in schools. It will require the Education Department to report on the impact of the guidelines and specifications on procurement practices of schools.

– The School Integrated Pest Management Program would require schools to have local board of education-approved lest-toxic integrated pest management programs that include public access to information, the use of certified commercial applicators, posting of treated areas, and annual reporting on program evaluation.

Transportation and Land Use

Suburban sprawl is destroying thousands of square miles of natural habitat and farmland in the United States. This explosion, which far exceeds the rate of pollution growth, results in redundant, expensive infrastructure, increased air and water pollution, disinvestment in existing urban centers, and a declining quality of life. EPL/Environmental Advocates will be supporting legislative measures to encourage regional planning, remove subsidies to sprawl, eliminate barriers to creative redevelopment of existing communities, and invest in public transit to reduce auto dependence and its resulting air pollution. Towards these goals, we will advocate for:

Transportation. We support the public transit expenditures in NY’s five-year transportation capital plan, especially for transit projects left un-funded by the failure of the Transportation Bond Act. For our roads and highways, we will advocate for a “Fix It First” policy, which would prioritize state funding for road and bridge maintenance rather than the construction or widening of roads which merely fuels sprawling development. We will continue to support the use of ‘Marchaselli’ funds for non-road and highway uses, such as bicycle and pedestrian paths. Rail transport of freight is more efficient and less polluting that trucking, but it is currently much more expensive in New York compared to other states. As a result, a significantly larger proportion of NYC’s freight movement is by large diesel trucks, which are polluting and undesirable to many City residents. We need to reform rail taxation policies to level the playing field for freight transport by. Promotion of rail transportation can also provide an opportunity for downtown economic redevelopment in some of New York’s Upstate cities.

Sprawl. We need to dramatically reform state funding programs and procedures to provide strong incentives for infill or cluster development, local planning, transit linked development, land conservation, and historic preservation. State funding mechanisms of all varieties have the power to discourage sprawling development and encourage targeted economic revitalization in concert with natural resource protection. This initiative should begin with an audit to examine the extent to which funding programs currently encourage and facilitate sprawl.

Cell Tower Siting. The 1996 Federal Telecommunications Act attempted to address the proliferation of wireless telecommunication facilities (cell towers) in a manner that would accommodate state and federal rule-making and review. The exponential growth in the construction of these towers has caused a dramatic increase in the number of public, historic and residential sites they affect. For this reason, it is particularly important that communities, landowners and the public at large retain legal protections in the siting of wireless towers, transmission lines, roads, fences and all wireless facility infrastructure. These safeguards should include State Environmental Quality Review Act (SEQRA) Type I environmental review, and protection of historic sites and parkland, including the Catskill and the Adirondack Parks. Basic elements of home rule, such as public notification and review by local regulatory bodies, must also be components of any wireless facilities siting legislation.

Timber Theft. New York’s statutes regarding guidelines and penalties for illegally harvesting trees were last visited by the legislature during the Taft Administration, which explains why timber rustlers routinely consider the fines a cost of doing business. Everyone agrees on the need for bringing the law up to date, but strategic interference by industry lobbyists have sidetracked the effort. EA plans to work closely with both houses of the legislature and the NYSDEC to remove this unnecessary roadblock to protecting this important New York asset.