National Wildlife Foundation New York affiliate of the National Wildlife Federation
the [green] capitol insider

June 23, 2008

Welcome to Environmental Advocates of New York’s online newsletter from the State Capital, your source for environmental news. We’ll update you every other week with tidbits and observations carefully gleaned from the halls of the Capitol.

It Ain't Over 'Til It's Over

Today, Monday, June 23, may be the last official day of the 2008 New York State Legislative Session, but that doesn't mean the session will officially end or that issues under discussion won't be picked up again later this year. 

That being said, more than a few lawmakers in both houses have made noises that they are ready to stick around if it means making headway on certain issues. And not one but three of Environmental Advocates of New York's priority issues this year can be counted among the measures that have life in them yet, a statewide measure to cap greenhouse gases from all sources, a fix for the Brownfield Cleanup Program tax credits, and the Bigger Better Bottle Bill.  

Greenhouse Gas Emissions Pollution Control Act
Number one with a bullet on our wish list is a statewide cap on climate-altering greenhouse gas emissions. 

A climate cap passed the Assembly, thanks to the efforts of Assemblyman Bob Sweeney way back in April, and the Senate Majority offered up its own climate bill a few weeks ago.  

Senator Tom Morahan, in what some are calling a legacy-making move, introduced the Greenhouse Gas Emissions Pollution Control Act.  

And then last week, some of the Senate Majority's top dogs signed on to sponsor the bill. Meanwhile, the Senate Minority lined up almost 20 sponsors to a similar measure.  

All of those signed on as co-sponsors are saying that they'll do whatever it takes to make the bill happen this year. This means getting the cap out of the all-powerful Rules Committee and onto the Senate floor.  

If it happens today and the cap gets the vote it deserves, New York will become one of only a handful of states that have set hard and fast targets to reduce global warming pollution.  

The cap would reduce greenhouse gases from all sources--cars, trucks, factories, homes, etc.--80 percent by 2050. For our evaluation of the legislation, click here.    

The cap has support from every corner of New York State. Click here to read editorials from Long Island's Newsday and the Albany Times Union. 

Click here to read an OpEd we submitted to The Journal News.

Brownfield Cleanup Fix
Just about everyone in Albany is talking about the pressing need to fix the state's Brownfield Cleanup Program. Environmental Advocates of New York called attention to the program's perverse tax credits most recently in our Wa$ted Green report.  

So far as we're concerned, the tax credits overly compensate developers in communities that don't need the added incentive of big tax credits to attract investment. The State Comptroller recently estimated that New York will need to shell out $3.1 billion to pay for the 200 sites already enrolled in the program.  

That's a lot more than the state can afford, especially when budgets are tight. In a number of cases, the tax credits awarded far outweigh the costs of cleaning up the sites, meaning some developers are cleaning up with big, big profits.  

While the Governor called attention to the problem earlier this year, leaders in the Senate Minority called to fix the program's broken tax credits in late May. The Department of Environmental Conservation (DEC) followed suit this month. And then the New York State Comptroller Tom DiNapoli joined the chorus and released a report about the program's overly generous tax credits. 

Staff from the Governor's Office, the Senate and the Assembly are said to be meeting to hammer out an agreement that provides fiscal restraint and steers developers toward cleaner clean-ups.  

We'll wait to let you know what we think of the solution state leaders come up with is after we read the fine print, as always.     

Click here to read the New York Times' editorial calling for a cleaner Brownfield Cleanup Program overhaul.

Bigger Better Bottle Bill
Deep inside the State Capitol building, in an undisclosed location, we've heard discussions are taking place about passing some version of the Bigger Better Bottle Bill this year.  

A compromise has been floated to restrict the measure to include only bottled water, which would be a step in the right direction.  

We haven't seen an official proposal, but we'll keep you updated as we learn more.  

With only hours to go until the official end of the 2008 New York State Legislative Session, a lot can happen. We'll reach out to you again soon with what did and didn't get done this year, as well the reasons why and why not.  

We're not making any promises, but this could turn out to be a very good year for the health of New York's air, land and water.

Net Metering Victory

Last Thursday, June 19, the New York State Assembly passed a legislative package to update and expand our net metering laws. The Senate passed the measures just two weeks ago and the Governor has pledged to sign the legislation into law when it reaches his desk. Net metering is the practice that credits consumers for the clean power they generate themselves. 

The new policies will expand net metering to allow commercial customers to net meter wind and solar electric systems. Commercial customers will now be able to net meter systems up to 2 megawatts in size, or the customers’ historic peak load, whichever is less. The new policy also increases the size of wind and farm waste systems that farmers can net meter to 500 kilowatts.

Click here to read our evaluation memos of these and other measures.

Bills on the Move

Every week during the Legislative Session, Environmental Advocates of New York looks at the measures that will impact the environment for good or ill. Here are this week's Bills on the Move.

Three trees for Citizen Suits. This bill would create the Private Environmental Law Enforcement Act (PELE), providing New York’s citizens the right to bring civil action against individuals who have violated certain provisions of the Environmental Conservation Law.   

One tree for the Northeast Community Preservation Fund. This bill would authorize the establishment of a Community Preservation Fund in the Dutchess County Town of Northeast and amend state tax law to enable the town to protect its community character by acquiring open space, park lands, listed historic properties, and agricultural lands. 

One tree for EPF Repayment Plan. This bill would require that the New York State Division of the Budget to develop a repayment plan for funds transferred from the Environmental Protection Fund to the State’s General Fund. 

Two trees for Energy Planning Re-authorization. This bill would amend New York’s energy law by adding a new Article 6 to govern state energy planning. It would re-establish a State Energy Planning Board that would be responsible for overseeing an  assessment and analysis of long-term statewide energy needs, and for adopting a final state energy plan every four years.  

Two trees for Green Residential Building Grants. This bill would create a green residential building grant program. The program would be established and administered by the New York State Energy Research & Development Authority, which would disburse grants support the construction of new residential buildings, or substantial renovations to existing buildings, that meet green building standards. 

Click here to learn more about these measures.