New York State Assembly

1998 Annual Report

Committee on Environmental Conservation

Sheldon Silver, Speaker
Richard L. Brodsky, Chair

Richard L. Brodsky Assemblyman 86th District

THE ASSEMBLY STATE OF NEW YORK ALBANY

CHAIRMAN Committee on Environmental Conservation

December 15, 1998 

Honorable Sheldon Silver
Speaker of the Assembly
New York State Assembly
Legislative Office Building

Albany, New York 12248

Dear Speaker Silver:

With pleasure, I submit to you the 1998 Annual Report of the Assembly Standing Committee on Environmental Conservation. Developing a sound, workable environmental policy that promotes environmental protection and encourages economic growth has long been a priority for the New York State Assembly. This year the Committee and the Assembly continued their efforts to protect New York State's invaluable natural resources and safeguard our health through sound, workable legislation.

As part of its oversight role and in culmination of a year’s work, the Committee released an interim report on its oversight investigation and performance audit of the Department of Environmental Conservation (DEC). The report examined the DEC’s enforcement efforts and other activities as reflected in their time and attendance records for fiscal years 1993-1994 through 1996-1997. The data indicates significant drops in effort in many divisions and has provoked serious questions about the department’s ability to fulfill its historic mission.

The passage of legislation requiring emissions inspections for heavy duty trucks and buses was a significant step toward improving the air quality for all New Yorkers. After the Senate and the Governor had failed to act on the Assembly’s version of the legislation in 1997, passage of this legislation during the final days of the session was a great victory for the Assembly and for all New Yorkers.

In July, Carol Browner, Chief Administrator of the United States Environmental Protection Agency, testified before the Committee on the PCB contamination in the Hudson River. This was a landmark occasion for the Committee as it was Ms. Browner’s first appearance before a state legislature. The fact that she took the time out of her schedule to come to Albany highlights the seriousness of the PCB contamination in the Hudson River. Her candid statements about the importance of doing the best job possible to educate the public about the dangers of PCBs and, in particular, her comments regarding fish consumption advisories in those communities where people still eat fish caught in the River, were very well received. Additionally, her candor regarding GE’s recalcitrance in addressing its responsibility to clean up the River was appreciated.

Other significant achievements this year included legislation that will:

provide further protection to the state’s winter flounder and lobster populations;

encourage farmers to apply pesticides at concentrations less than those listed on the labels;

increase requirements for hunting license renewals; and

bring the state’s hazardous waste program into conformance with federal requirements.

The Committee was disappointed in the Senate's failure to support programs enabling private citizens to bring civil suits for violations of the Environmental Conservation Law (ECL), providing for the equitable treatment of communities in the siting of environmental facilities, and providing for review of pollution allowance trades by New York utilities.

Under your leadership and with your continued support of the Committee's efforts, I look forward to the 1999-2000 legislative session when we will continue the work of preserving and protecting New York's tremendous environmental resources for the next millennium.

Sincerely,

Richard L. Brodsky, Chairman
Assembly Standing Committee on Environmental Conservation

1998 Annual Report
of the
Assembly Standing Committee on
Environmental Conservation

Richard L. Brodsky, Chairman

Committee Membership

Staff

Rudy Stegemoeller, Legislative Coordinator
John D. Chirlin, Senior Legislative Analyst
Julia Mallalieu, Committee Counsel
Kristin Magnusen Williams, Committee Assistant
Jackie Canabush, Program and Counsel Secretary
Tom Gwitt, Committee Clerk
Owen Demuth, Graduate Scholar

TABLE OF CONTENTS

INTRODUCTION

COMMITTEE JURISDICTION

The Assembly Standing Committee on Environmental Conservation, now in its 28th year, has jurisdiction over legislation affecting State environmental policy. The Committee considers bills amending the Environmental Conservation Law (ECL), Parks, Recreation and Historic Preservation Law, Canal Law, Executive Law, Soil and Water Conservation Districts Law, and Navigation Law.

The primary concerns of the Committee are pollution prevention and control, resource management, and environmental quality issues. During the 1998 legislative session the Committee considered 337 bills, acting favorably on 96, and 12 became law.

SUBCOMMITTEES

In 1998, the Environmental Conservation Committee examined policy issues with the assistance of four subcommittees:

Wildlife Management - Richard Smith, Chair.

This Subcommittee focuses on fishing, hunting, and trapping issues. Included within its jurisdiction are proposals for setting fish and game seasons and limitations.

Long Island Barrier Beaches - Harvey Weisenberg, Chair.

The Subcommittee on Long Island Barrier Beaches addresses the following issues:

hurricane preparedness and the implementation of a comprehensive hurricane evacuation plan;

environmental preservation and restoration of the barrier beaches;

establishment and maintenance of a better relationship between government (on all levels) and the people of Long Island; and

enhancement of the tourism industry for the economic benefit of Long Island and the entire State.

Coastal Zones and Harbors - Ronald C. Tocci, Chair.

This Subcommittee examines issues that affect marine life in New York's harbors and coastal zones.

Open Space - Steve Englebright, Chair.

This Subcommittee considers issues relating to the protection, conservation, management and enhancement of open space and natural, cultural, and recreational resources.

1998 BUDGET HIGHLIGHTS

On April 14, 1998 the Legislature passed the most significant environmental budget in years. On April 28, 1998 Governor Pataki vetoed close to $60 million in environmental programs. Included in this cut are virtually all of the environmental programs advanced by both houses of the Legislature. The Governor’s veto included some items that he had supported in his original budget proposal. Following is a detailed explanation of the programs aimed at protecting public health and the environment that were vetoed by the Governor.

Cleaning Up Hazardous Substance Sites

The Governor vetoed a new $15 million program for the investigation and remediation of hazardous substance sites. These sites pose serious health threats to neighboring citizens, but cannot be addressed under existing law. This program would have funded the investigation and cleanup of at least three hazardous substance sites.

Cancer Mapping & Integrated Pest Management (IPM)

The Governor vetoed $1.2 million in environmental programs aimed at improving public health including:

-- $1 million for statewide cancer mapping to link cancer incidence to environmental factors, and;

-- $200,000 to provide education to local governments and school districts in the use of Integrated Pest Management (IPM), to reduce the use of toxic pesticides.

Environmental Enforcement

The Governor vetoed $3.7 million in operating support for the State’s environmental programs including:

-- $1.6 million for the Mined Land Reclamation Program, which would provide for the protection of the State’s land and water resources adjacent to mines;

-- $1.3 million to support approximately 35 new fish and wildlife enforcement positions, and;

-- $800,000 for the enhancement of the Forest Ranger force. Forest Rangers perform search and rescue activities and are responsible for forest fire protection on state-owned and private lands.

Environmental Protection Fund (EPF)

The Governor vetoed $34.475 million in appropriations from the EPF, including:

-- $10 million in Land Acquisition funding, for acquisitions such as: the Long Island Pine Barrens, inner-city open space and Adirondack properties;

-- $6 million for the Hudson River Estuary Management Plan for projects such as managing aquatic resources, preserving upland habitats, open space and scenery protection, enhancing recreation and tourism, and revitalizing the river-based economy through environmental protection;

-- $9.05 million for Parks projects, including $8.875 million for State Parks for trail maintenance, campground improvements and other facilities located in State Parks;

-- $5.5 million for Waterfront Revitalization Programs for projects such as shoreline improvement, bulkhead and boat docking improvements and other waterfront infrastructure needs, and;

-- $4 million in other EPF funding, including coastal rehabilitation, waste prevention, biodiversity, non-point source pollution, Albany Pine Bush, and Pine Barrens programs.

Environmental Protection Fund
($ in 000s)

Environmental Awareness

The Governor vetoed $875,000 in environmental programs designed to increase awareness of the environment and New York’s unique natural resources. These include the following:

-- $500,000 for Environmental Education which would help instill environmental citizenship skills in New York’s youth, and;

-- $375,000 to promote Eco-Tourism in New York’s State Parks, to enhance appreciation and enjoyment of the environmental and natural resource assets of the State.

IMPLEMENTING THE CLEAN WATER/CLEAN AIR BOND ACT OF 1996

Since New York voters approved the Clean Water/Clean Air Bond Act (Bond Act) in 1996, the Committee has been monitoring the expenditure of Bond Act monies to ensure that the funds are applied in a way that is most beneficial to the environment and that the funds are distributed equitably. The Bond Act authorized the spending of $1.75 billion on environmental projects in categories including safe drinking water, clean water, solid waste, environmental restoration and clean air. For the second year, the Assembly passed a measure (A.6870 (Brodsky)) which would include zoos, botanical gardens and aquaria projects within the definition of "historic preservation projects" under the Clean Air/Clean Water Bond Act. This bill died in the Senate Environmental Conservation Committee.

The projects are being administered by the agencies designated in the Bond Act (Department of Environmental Conservation, Office of Parks, Recreation and Historic Preservation, Department of Agriculture and Markets, Department of Health, Environmental Facilities Corporation, Power Authority of the State of New York, New York State Energy Research and Development Authority and the Office of General Services).

 IMPROVING ENVIRONMENTAL QUALITY

Private suits for environmental law violations. This bill would enable a private citizen to bring a civil suit for violations of the ECL, thus assisting enforcement. Lawsuits initiated by citizens could relate to the protection of waters and water supply, air pollution, drainage, fresh water and tidal wetlands, solid, infectious and hazardous wastes, and, pesticide and hazardous substances bulk storage. This bill passed the Assembly, but died in the Senate. A.1620-A (Brodsky)

"Environmental Justice." For the fifth consecutive year the Assembly passed legislation which would establish "environmental justice" for minority and low-income communities. "Environmental justice" is the application of the fundamental American concept of equal justice under the law to governmental decisions regarding the siting of potentially harmful facilities. This bill would require, as part of the environmental impact statements governed by the State Environmental Quality Review Act, a detailed statement on whether or not the action of concern would cause a disproportionate or inequitable burden on a minority community or economically distressed area affected by the action. This bill passed the Assembly, but died in the Senate. A.1621 (Brodsky)

Protecting groundwater. This bill would expand the prohibition against discharge of any substance which would lead to the contamination of a sole source aquifer by specifying the actions which would define "the indirect or direct discharge" of organic or inorganic matter into any waters of the State or into waters constituting or lying above a sole source aquifer. The bill would also prohibit any person from permitting such discharge to occur. This bill passed the Assembly but died in the Senate. A.4612 (Brodsky)

Increasing DEC's authority. This bill would require the Department of Environmental Conservation to establish guidelines for disqualification of stand-by contractors based upon past performance, reasonableness of price charged, acts of negligence or malfeasance, and convictions of certain crimes. Current law does not authorize the department to adopt regulations for the disqualification of stand-by contractors. This bill passed the Assembly but died in the Senate. A.1372 (Luster)

 PROTECTING MARINE RESOURCES

Commercial and recreational marine fisheries constitute a significant portion of New York's economic base. Recently, however, many marine species have declined due to over-fishing, point and non-point source pollution, and loss of habitat. In order to promote the recovery and ensure the long-term health and abundance of the marine fisheries resources and habitat, significant management measures are needed.

Increasing protection for winter flounder. This law extends the DEC’s authority to regulate winter flounder through December 31, 1999 and requires that the Department implement measures to reduce the incidental and intentional mortality of this drastically overfished species. Such reduction will keep New York in compliance with the recently adopted "Atlantic States Marine Fisheries Commission’s (ASMFC’s) Fishery Management Plan for Winter Flounder." Chapter 39 of the Laws of 1998 A.10049-A; Rules (Brodsky)

Increasing protection for lobsters. This law places further restrictions on the harvest of lobster by prohibiting the taking of those female lobsters which have been voluntarily marked by fishermen with a V-shaped indentation in the tail flipper. This practice, already widely done by other states, allows egg-bearing female lobsters more opportunity to reproduce before being caught. This law also restricts the size of lobster pots and the possession of certain lobster parts. This law codifies those measures needed by New York in order to achieve compliance with the ASMFC’s recently adopted Amendment 3 to the Fishery Management Plan for lobster. Chapter 357 of the Laws of 1998 A.11229-A Rules (Brodsky)

Prohibiting transferable fishing rights. This bill would provide that the DEC shall not approve or implement any fishery management plan or regulation which allows for the trade, transfer or assignment of certain permits. This bill would prevent the privatization of New York State's marine resources by prohibiting the use of a management program which uses an individual transferable quota (ITQ) system. Such a program is currently being considered for use in managing the State's surf clam and ocean quahog stocks. The implementation of any new ITQ programs in Federal waters is currently under a moratorium until the next re-authorization of the Magnuson Act in 2000. This bill passed the Assembly but died in the Senate. A.7980 Rules (Brodsky)

 MANAGING NEW YORK'S WILDLIFE AND FRESHWATER FISHERIES

The regulation of hunting, fishing, and trapping is funded largely by license fees that are assessed on sports persons in New York State. These fees are deposited into the Conservation Fund, which finances more than 70% of DEC's fish and wildlife management programs.

DEC is required to protect, enhance, and provide public access to New York's fishery resources. Only three states have more surface water area than New York. The State has a total of four million acres of freshwater, 4000 lakes and ponds; 70,000 miles of rivers and streams, of which 15,000 miles are trout streams, with 4,000 miles stocked. New York is home to 20 species of game-fish, 20 species of panfish, and operates 12 hatcheries which produce one million pounds of fish annually.

Stricter re-licensing requirements for hunters. This legislation prohibits the issuance of a new license to hunt, fish or trap to a person whose license has been suspended, during such period of suspension. Currently, such prohibition applies only during license revocation periods. By clarifying that a person is ineligible for a new license to fish, hunt or trap during a period when his or her license to do so is under suspension, this law will help ensure that hunting, fishing and trapping in New York state are conducted only by those who have satisfied the requisite training and licensing criteria. Chapter 312 of the Laws of 1998 (A.11083; Rules (Gunther))

Modifying the definition of certain firearms. This legislation amends the definition of muzzle-loading firearm by deleting the words "having rifling in the barrel." The effect of this change is to make permissible the use of the more traditional smoothbore muzzle loading firearms, which have previously been excluded from use in hunting. Hunting with muzzle loading firearms has become more popular in recent years, particularly in the Northern Zone, where opportunities for hunting with muzzle loading firearms was enhanced by Chapter 241 of the Laws of 1997, and earlier by Chapter 108 of the Laws of 1995. Chapter 220 of the Laws of 1998 (A.10987; Rules (Bragman))

Increasing deer management in the Northern Zone. This law extends the DEC’s deer management authority to the Northern Zone (Deer Management Units 13 and 14), including permitting their issuance of bow, muzzle loader and rifle permits in the St. Lawrence Valley. This legislation was drafted, in part, in response to DEC statistics which indicate a significant increase in deer-motor vehicle collisions in this region. Prior to passage of this bill, DEC’s authority to control the population of the State’s deer herd was limited to the Southern Zone. Chapter 194 of the Laws of 1998 (A.10822; Rules (Bragman))

Granting DEC authority to issue deer management assistance permits. This law grants the DEC the authority to establish by regulation deer management assistance permits to allow land/resource managers to meet the deer management needs of their properties. These permits would be for use during established open seasons and would address site specific management goals such as agricultural damage. Deer taken under theses permits would be in addition to the one deer per year currently allowed. Chapter 364 of the Laws of 1998 (A.4040-A; Gunther)

Protecting wildlife and domestic pets. This bill would add new language and requirements to the existing law in an effort to prevent the killing of dogs chasing wildlife. In addition, this bill inserts a modified notification and recording procedure in situations where any dog has been killed. There is a provision in current law which allows anyone to kill a dog found hunting or killing a deer within the Adirondack or Catskill Parks. Some provisions refer to dogs found hunting deer, whereas other provisions refer to dogs found hunting wildlife. A recent incident on Long Island highlighted the necessity for more restrictive requirements on the killing of dogs and the inadequate notification procedures which exist. This bill passed the Assembly but died in the Senate Rules Committee. A.3482-A (Robach)

Preventing large scale fish kills at dams. This law prohibits state or local governments which own, lease, operate or maintain a dam from drawing off water which would cause the loss of substantial numbers of fish without the written permission from the DEC. State and local governments had been exempted from this requirement until passage of this bill. Cities with a population of one million or more would remain exempt from the requirement. Without this legislation millions of fish would continue to be needlessly killed during maintenance activities at the thousands of dams across the state. The DEC will work with the dam operators to come up with methods to avoid these unnecessary fish kills. Chapter 151 of the Laws of 1998 A.11082 Rules (Brodsky)

ENHANCING ENFORCEMENT

Increasing conservation officers’ authority. This law amends the Penal Law to authorize those environmental conservation officers (ECO’s) who are certified sportsman education instructors to supervise youths 12 to 16 years of age at a firing range. Additionally, the law adds air force officers to the list of US military personnel authorized to do the same. Prior to this legislation, the law allowed only other certified instructors, in addition to the youth’s parent or guardian, to supervise them at indoor or outdoor ranges. Chapter 180 of the Laws of 1998 (A.11081; Rules (Brodsky))

Compliance checks for permit applicants. This bill would authorize the DEC to conduct an inquiry into an applicant's record of compliance and background as part of a permit application or review. The DEC would be authorized to revoke or deny permits to unsuitable persons based upon statutory criteria that includes past violations of the applicant or permit holder. This bill would ensure that persons who are unsuitable to carry out responsibilities under DEC permits are not authorized to do so. This bill passed the Assembly but died in the Senate. A.1623 (Brodsky)

Bringing settlement process in line with Open Space Plan process. This bill would restrict the DEC's ability to enter natural resource damage settlements where land acquisition is part of the settlement. The department currently has discretion to enter settlements for natural resource damages and, in some cases, may acquire land with the proceeds of the settlements. The Legislature has established a process, through the Environmental Protection Act and the Open Space Plan, for making major land acquisitions for environmental processes. This bill would allow the natural resource damage settlement process to work in a manner consistent with these laws. This bill passed the Assembly but died in the Senate. A.4610 (Brodsky)

Flexible penalty payments. This bill would codify the DEC's authority to allow local governments or small businesses to pay fees or civil penalties over $500 in installments, provided that the payer can post financial assurances in an amount less than or equal to the amount owed. The DEC has in the passed allowed such payment for amounts owed under consent orders, but there is no current statutory language concerning payment of fees or civil penalties to the DEC on an installment basis. The installments would be subject to interest at a rate not to exceed the underpayment rate set by the Department of Taxation & Finance. This bill passed the Assembly but died in the Senate. A.295 (Kaufman)

 MANAGING NEW YORK'S SOLID WASTE

The Solid Waste Management Act (SWMA) of 1988 establishes New York State's solid waste management system: the reduction, reuse, recycling, and disposal of solid waste. The SWMA encourages municipalities to make significant progress in reducing the amount of solid waste generated. Additional legislation described below was passed by the Committee in order to further these goals.

Broadening waste reduction programs in the business community. This law authorizes the Department of Economic Development (DED) to implement a waste prevention program and to expand the scope of activities that the Department could fund beyond secondary materials projects. The law also adds a new definition of waste to the Economic Development Law (EDL) that would include solid and hazardous wastes and waste or material by-products generated by, or recovered from, air and water pollution control devices. This law will help support a business’s efforts to initiate environmental management practices that prevent or reduce the generation of wastes. Chapter 471 of the Laws of 1998 A.9895-B; Brodsky

Requiring full EIS for a solid waste transfer station in New York City. This bill would require that an environmental impact statement (EIS) be prepared for any action involving the construction or expansion of a solid waste transfer station onto the Eastern District Terminal in Kings County and also requires that a public hearing be held on the matter. The bill was drafted in response to a conditional negative declaration for the construction of a large putrescible solid waste transfer station on the Eastern District Terminal parcel. The legislature found that the issuance of the negative declaration was made in violation of the State Environmental Quality Review Act (SEQRA) and this legislation was drafted to redress that action. This bill passed both houses but was vetoed by the Governor. Veto memo #1413 (A.11084; Rules (Lentol))

Enhancing solid waste management. This bill would require an applicant for a permit to construct a solid waste management facility to demonstrate that the facility would be consistent with the objectives of the local solid waste management plan, the planning unit in which the proposed facility is to be sited, and the planning units from which solid waste is to be received. In addition, this bill would change the definition of solid waste management facility to include recyclable handling and recovery facilities. This bill passed the Assembly, but died in the Senate. A.4133-A (DiNapoli)

Empower localities to manage solid waste. This bill would prohibit a permit for a solid waste management facility in an area contrary to the local zoning in effect at the time of the application. This bill would empower municipalities to control land use within their borders. Under current law, the DEC need not consider local zoning when issuing a permit. In fact, there have been a number of instances where the DEC has issued a permit to operate a solid waste management facility contrary to local zoning. This bill passed the Assembly but died in the Senate. A.331 (John)

Putting local recycling programs first. This bill would add a requirement to permits issued for new landfills or municipal solid waste facilities. Before a permit could be issued, DEC would determine whether a proposed capacity and cost of solid waste disposal would have no adverse impact upon the municipality's source separation and recycling program or the municipality's achievement of statewide solid waste reduction and recycling goals. In order to determine impact, DEC would evaluate the need for any excess capacity and the economic and technical feasibility of recycling those components of solid waste to be disposed at the proposed facility. This bill passed the Assembly but died in the Senate. A.429 (John)

Stopping solid waste scofflaws. This bill would grant the department the authority to withhold for two years issuance of a permit for a solid waste management and resource recovery facility, or for a solid waste transfer station after suspension, revocation, or loss of such permit. This legislation attempts to prevent operators of such facilities who have their permit revoked or suspended from closing their businesses and reopening under the name of a new corporation. This legislation is consistent with what has previously been done by regulatory agencies of other permitted industries. This bill passed the Assembly but died in the Senate. A.15 (Lentol)

Better solid waste planning. This bill would allow local planning units to better track waste disposition in their area by requiring permitted solid waste facilities to copy the local planning unit on annual reports submitted to the department. Currently, if a local planning unit wishes to obtain this information, they must contact the department and request, under the Freedom of Information Law, that the information be made available. Submittal of such reports directly to local planning units should make facility specific information more conveniently accessible and assist localities in preparing compliance reports pursuant to their solid waste management plan. This bill would also expand the definition of "solid waste management facility" to include recyclable handling and recovery facilities. This bill passed the Assembly but died in the Senate. A.1858 (John)

 MANAGING HAZARDOUS WASTE AND PETROLEUM SPILLS

HAZARDOUS WASTE

Updating the State’s hazardous waste laws. This law amends the ECL so that it is no less stringent than the Hazardous and Solid Waste Amendments of 1984 (HSWA) to the Resource Conservation and Recovery Act of 1976 (RCRA). Specifically, it requires corrective action for a release of hazardous waste or constituents from a facility authorized to operate under interim status, including facilities that lost interim status to operate after certifying closure of their hazardous waste management unit(s) and, also, to address releases from waste placed at the facility, including releases from Solid Waste Management Units (SWMUs). This law also amends the ECL to clarify that environmental monitor rotation should be established only when more than one such facility exists. The previous language in ECL Section 71-2727(3) limited corrective action to a facility that had interim status with releases of hazardous waste or constituents from solid waste management units (SWMUs). Chapter 380 of the Laws of 1998 (A.11124-A; Rules (Bea))

PETROLEUM SPILLS

Enacting the "Oil Spill Prevention Enhancement Act." This legislation would protect New York State’s waterways and their ecological systems from petroleum spills through the enactment of the "Oil Spill Prevention Enhancement Act". This legislation amends the Navigation Law to require the DEC to establish petroleum-bearing vessels avoidance zones in state waters and would require the deployment of containment booms prior to the transfer of petroleum. The bill would also create additional licensure requirements for petroleum handling facilities and would permit the DEC Commissioner to revoke or deny license renewal for "bad actors," as defined in the bill. This bill passed the Assembly but died in the Senate. A.6458-C (DiNapoli)

Neighbor notification of petroleum discharge. This bill would amend the Navigation Law to require the DEC, upon being notified of a petroleum spill, to immediately notify adjacent and/or nearby landowners or tenants whose property or drinking water supply might be affected by the discharged material. This legislation was prompted by an incident where several landowners became sick after their drinking water was contaminated by gasoline leaking from a nearby underground storage tank. Many months went by before the affected parties were notified of the leak. This bill passed the Assembly but died in the Senate. A.2926 (Englebright)

REDUCING PESTICIDES

Pesticides are used in virtually every facet of people's lives, e.g., mosquito control; pest control in schools and restaurants; killing undesirable tree species that block power lines; and, eradicating weeds on lawns. Because of the health risks posed by exposure to many pesticides, and because of the widespread and deliberate distribution of these toxic compounds, more regulation of the usage of these substances is needed.

Encouraging a reduction in use of agricultural pesticides. This law would allow farmers to use a registered pesticide at a dosage, concentration, or frequency lower than that specified on the label. Prior to passage of this bill, a pesticide could only be applied at less than its label recommends if such use had been approved by the DEC. Farmers who take advantage of this new law will help reduce the total amount of pesticides applied in the state. Chapter 648 of the Laws of 1998 (A.6038-B; Tocci)

Allowing local pesticide laws. This bill would amend Title 10 of Article 33 of the ECL to give local governments broader authority to regulate the commercial lawn application of pesticides. Public concerns such as the timing of pesticide application and appropriate measures needed to protect particularly sensitive individuals, public water supplies, and wildlife are not adequately addressed under state and Federal law. This bill recognizes that local governments, particularly those relying on sole source aquifers, may often be the parties in the best position to recognize and then implement further protections against exposure to pesticides. This bill passed the Assembly but died in the Senate. A.3573 (Luster)

Requiring government to reduce pesticides. This bill would provide for the reduction in the amount of pesticides used by each State agency, public authority, public benefit corporation, local government, and school district. It would require these entities to implement integrated pest management policies, which encourage the use of safe and environmentally friendly alternatives, thus reducing the amount of unnecessary pesticides. This bill passed the Assembly but died in the Senate. A.4505-B (Brodsky)

Banning highly concentrated DEET products. This bill would ban the sale or distribution of products intended for use on humans which contain concentrations of the insect repellant N,N-diethyl-m-touamide (trade name-"DEET") which are greater than 30 percent. The bill does permit products with controlled release formulations containing up to 33.33% DEET. Numerous studies have shown that products containing high concentrations of DEET to be harmful to humans. With the 1995 repeal of the department's regulations restricting the sale of high concentration DEET, it is necessary for the health and well-being of the citizens of New York State to statutorily restrict access to high concentrations of this chemical. This legislation does not ban the sale of DEET completely, only in more dangerous, and not necessarily more effective, high concentration formulas. This bill attempts to protect consumers while recognizing the validity of concerns about pest-related diseases, as well as health concerns about the toxicity of DEET. This bill passed the Assembly but died in the Senate. A.4652 (Brodsky)

Requiring landowner notice of pesticide applications. This bill would require commercial pesticide applicators to provide prior notice to neighboring properties. The bill establishes uniform standards for a consumer pesticide use information sign and establishes minimum boundary requirements for forty-eight hour advance notice of application to certain adjacent land owners. This bill passed the Assembly but died in the Senate. A.9974-A (DiNapoli)

WATER CONSERVATION AND QUALITY

New York State has vast water resources, including the Great Lakes, the Finger Lakes, the Adirondack's lakes, and the Hudson, Mohawk, and Allegheny Rivers as well as major underground aquifers located on Long Island.

Seven million people living in New York City and upstate depend on the City's reservoir system. The City's water supply comes from three reservoir systems: the Croton reservoir system located in Westchester, Dutchess, and Putnam Counties and the Catskill and Delaware reservoir systems located in Ulster, Greene, Schoharie, Delaware, and Sullivan Counties. The quality of the City's drinking water is precarious because droughts are frequent, the infrastructure of the delivery system is aging, and pollution threatens many of the City's drinking water supplies.

It is important that every effort be made to maintain the purity of lake waters for recreational and other public uses. The protection and preservation of water quality is essential to the environment and economy of the State. The discharge of untreated and partially treated sewage from watercraft can be a significant problem in particular bodies of water including increasing the level of fecal coliform bacteria and viruses.

Increasing drinking water protection. This legislation requires the water resources institute to prepare and disseminate information regarding cryptosporidium to those individuals who are more susceptible to illness caused by exposure to cryptosporidium. Cryptosporidium is a waterborne pathogen which may cause death to individuals with compromised immune systems and may cause illness to healthy individuals. It may be transmitted through bottled water as well as by way of regular tap water. Consumers of bottled water will be better informed about the dangers of a variety of waterborne pathogens through the enhanced labeling program set forth in this legislation. This bill passed the Assembly but died in the Senate. A.3205-C; (Brodsky)

MANAGING NEW YORK'S LANDS AND FORESTS

New York's Forest Preserve is well-established as a unique and time-honored asset of statewide environmental importance. Since 1894, this State has decreed in its Constitution that the Forest Preserve shall be forever kept as wild forest lands. The vast land and forest resources of the state are overseen by a variety of groups, such as the Hudson River Valley Greenway. Pressures to develop private and public forest and open land will grow in years to come as populations increase and as suburbs move further and further away from metropolitan areas, necessitating more thoughtful zoning and planning and the preservation of critical wildlife habitats.

LAND MANAGEMENT

Changing the boundaries of the Long Island Pine Barrens. This law modifies the boundaries of the Central Pine Barrens Area and the Core Preservation Area of the Long Island Pine Barrens to include the Wertheim National Wildlife Refuge. Inclusion of the Wertheim National Wildlife Refuge, which is administered by the U.S. Fish and Wildlife Service, into the Central Pine Barrens Area and the Core Preservation Area will enhance the ecological diversity of these important areas due to the various upland and wetland habitats found in the refuge. It will also serve to enhance and encourage interagency cooperation among important public landowners. Chapter 286 of the Laws of 1998 (A.11132; Rules (DiNapoli))

Transferring Stewart Airport Buffer Lands to the DEC. This bill would require the transfer of the lands commonly referred to as the Stewart Airport buffer lands in Orange County from the Department of Transportation (DOT) to the DEC. The transfer of these lands to the DEC and their designation as a wildlife management area would be formal recognition of their environmentally sensitive character and help secure their future as a home for wildlife, including threatened species, and as an important recreational area for thousands of New Yorkers. Under the ownership of the DOT, the lands are in danger of being sold to the private sector for development purposes. This bill passed the Assembly but died in the Senate. A.9957; Rules (Brodsky)

Preserving the Camillus Hardwood Management Area. This bill would add the Camillus Hardwood Management Area to the state nature and historical preserve trust. Among other important resources, the parcel contains a stand of some of the largest and oldest sugar maples in the state. The preservation of this land will help protect the watershed of the Nine Mile Creek and offer important recreational opportunities to residents in the region. This bill passed the Assembly but died in the Senate. A.4846-A (Bragman)

William B. Hoyt River Access Fund. This bill would create a fund for the acquisition of river access, easements and land adjacent to rivers and would dedicate the fund under the name of the late Williams B. Hoyt. The bill provides for river access and land acquisition accounts to be set up within the forest preserve expansion fund. Assemblyman William B. Hoyt was an out-spoken advocate of the public's right to access to navigable waters of the State and it is the purpose of this bill to honor his memory and goals. This bill passed the Assembly but died in the Senate. A.4616 (Brodsky)

Exchange of lands in the Neversink River Unique Area. This bill would authorize the commissioner of the DEC to exchange all or part of state-owned lands in the Town of Forestburgh, Sullivan County which are currently part of the Neversink River Unique Area (the Area) for lands which are adjacent to the Area and which are reputedly owned by Benjamin Wechsler. These adjacent lands are thought to be prime parklands for inclusion in the Neversink River Unique Area. Their acquisition would further the State’s dedication to the protection and enhancement of our stream resources in southeastern New York, as well as provide increased recreational opportunities for all New Yorkers. This bill passed the Assembly but died in the Senate. A.11293-A Rules (Gunther)

FOREST MANAGEMENT

Enhancement of forest preserve protection. This bill would create a mechanism by which to enforce section 1 of Article XIV of the New York State Constitution, which mandates that Forest Preserve land be kept forever wild. The bill would clarify and strengthen the ability of the DEC to administer properly the Forest Preserve as well as other State land holdings. In addition it would enhance the effectiveness of the Department of Law and DEC in bringing enforcement actions. This bill passed the Assembly but died in the Senate. A.4611-A (Brodsky)

Reimbursement for firefighting costs. This bill would relieve counties of the responsibility of paying for response costs incurred by the state while extinguishing fires on state-owned land. The bill would also provide reimbursement for municipal fire and ambulance companies' emergency response costs incurred on any road under the jurisdiction of the New York State Thruway Authority or New York State Department of Transportation. This bill passed the Assembly but died in the Senate. A.6903-A (Brodsky)

PROTECTING NEW YORK'S AIR QUALITY

Perhaps more pervasive than other forms of pollution, air pollution’s effects are widespread and can also foul the water and land. Acid rain and related nitrogen-based air pollution degrade ecosystems in the Adirondack Park and ruin aquatic habitats in Long Island Sound, and the dangers to human health as a result of air borne contaminants are equally serious. Unfortunately, the EPA has admitted that the Clean Air Act Amendments of 1990 will not solve the problems caused by acid rain but will only slow them down. The challenge before New York to stem existing air pollution as well as prevent new air pollution will continue to be a formidable task given the fact that air is more a national and even global resource than one which can be controlled by state-wide efforts alone.

Reducing heavy duty vehicle emissions. This law, commonly known as the "Heavy Duty Vehicle Emissions Reduction Act," establishes periodic inspection and roadside enforcement programs for diesel powered vehicles registered in New York. The law requires the DEC to establish exhaust emissions standards and test methods and it establishes civil penalties for those vehicles which do not meet the emissions standards. By keeping diesel engines running clean, and thereby reducing the amount of particulates emitted into the air, this law will help reduce the adverse health effects caused by air pollution. Chapter 621 of the Laws of 1998 (A.1619-B; Rules (Brodsky))

Reducing acid rain from utilities. This measure would require electric utilities in New York State to report to the Public Service Commission pending trades of sulphur dioxide pollution to locations when the resulting air pollution would fall back on the state in the form of acid rain. It would also give DEC the right to adjust or prevent out-of-state pollution trading that would harm sensitive areas of the State. This bill passed the Assembly, but died in the Senate. A.4625-B (Brodsky)

Studying air pollution around New York City’s airports. This legislation directs the DEC to conduct a feasibility study of the air pollution at and around New York’s Kennedy and LaGuardia airports using what is commonly called the "airport bubble concept." The bubble concept treats airports and the areas around them within a certain radius as a single source of air pollution with several types of emitters contributing. The study’s goal would be to determine the feasibility of regulating air emissions from the identified sources at the airports using the bubble methodology. This bill passed the Assembly but died in the Senate. A.8865-A (Scarborough)

  OVERSIGHT AND PUBLIC HEARINGS

During 1998, the Committee held nine public hearings. These hearings allowed concerned citizens to address a variety of issues including the future of the New York State Superfund, the Committee’s Oversight Investigation and Performance Audit of the DEC, the PCB contamination in the Hudson River.

Proposed Sale of Stewart Airport Buffer Lands

On February 4^th, the Committee held a public hearing in Middletown on the proposed sale by the Department of Transportation (DOT) of lands commonly referred to as the Stewart Airport buffer lands. The DOT, in conjunction with the New York State Urban Development Corporation (UDC), has proposed to sell significant portions of the buffer lands west of the Stewart International Airport in Orange County. The Stewart Airport buffer lands comprise one of the largest parcels of undeveloped land still left unprotected in the downstate area. The lands have great recreational and ecological value and are visited by thousands of New Yorkers each year. The plans of the UDC and the DOT to sell the lands to development-minded companies has caused widespread concern among those who with preserve them. After the hearing, legislation (A.9957 Rules (Brodsky)) was passed in the Assembly which would provide for the transfer of the Stewart Airport Buffer Lands from the DOT to the DEC.

Status and Future of the New York State Superfund

On February 9^th and continuing on March 4^th, March 16^th and March 31^st, the Committee held public hearings in Albany on the current status and the future of the State’s Superfund program. In its annual report dated January 1^st, 1998, the New York Superfund Management Board emphasized two key issues: the need for adequate funding and the lack of legal authority to address hazardous "substance" sites. In its previous three reports to the Governor and the Legislature, the State Superfund Management Board stated that the $1.1. billion from the 1986 Environmental Quality Bond Act (EQBA) would not be sufficient to fund the State’s share of the costs necessary to remediate all of the inactive hazardous waste disposal sites located within New York State. The total number of sites determined by the DEC to require remediation continues to grow at an average rate of 35 sites per year and there is no indication that the rate of discovery of new sites has begin to slow; therefore, without additional funds, several hundred sites which would otherwise be cleaned up with Superfund monies may go unattended once EQBA funds are fully obligated. The Committee sees this situation as critical and held the series of hearings to address the issue of refinancing and expanding the State’s Superfund program.

Long Term Management Plan for Surf Clams/Ocean Quahogs

On April 9^th, the Committee held a public hearing in Hauppauge, Long Island on the DEC’s proposed long term management plan for surf clams/ocean quahogs in New York State (the Plan). The proposed Plan grants license holders ownership rights to their "share" of the surf clams/ocean quahogs. Under the system, the share or quota could be transferred and sold to other quota holders. The controversial system has been implemented in other fisheries in the US and abroad and has been challenged in the courts for its arguably improper granting of ownership rights to fishermen of a state-owned resource. The Committee saw this issue as a dangerous precedent to set and held the hearing to further explore the DEC’s intentions and to investigate whether they in fact have the authority to grant such rights. Additionally, the Committee sought to explore how the Plan, as written, would protect the surf clam/ocean quahog resource, the main goal of the Plan.

The Committee on Environmental Conservation’s Oversight Investigation and Performance Audit of the NYS Department of Environmental Conservation

On May 15^th, 1998, the Committee released a preliminary version of the oversight investigation and performance report was released. On June 2^nd, and continuing on June 9^th, the Committee held public hearings in Albany to address the questions raised within the report and to help initiate a dialogue between DEC, the Committee, and the Administration. The investigation included an extensive analysis of the time and attendance data the DEC maintains. This data reflects the effort by staff within the DEC’s 14 divisions on various tasks. The analysis of this data from fiscal years 1993-1994 through fiscal years 1996-1997 has raised serious concerns about the DEC’s ability to fulfill its historical mission of protecting the State’s natural resources. Also raised by the report were questions about the DEC’s implementation of environmental policy in the state and an alleged breakdown of enforcement of the Environmental Conservation Law (ECL) by the DEC. This investigation was prompted because of the recurring problems within the agency and with their lax enforcement and patronizing of special interests in the state. The patterns observed point to a real breakdown in the agency's effectiveness that Chairman Brodsky was determined to examine.

PCB Contamination in the Hudson River

On July 9^th, the Committee held a public hearing in Albany to explore the United States Environmental Protection Agency’s (USEPA’s) and the DEC’s actions in response to the PCB contamination in the Hudson River. The Chief Administrator for the USEPA, Ms. Carol Browner, testified at the hearing. Ms. Browner expressed her deepest concerns about the situation in the Hudson River, especially the fact that many communities still rely upon fish from the Hudson as a major component of their diets, and promised the release of the USEPA’s decision about what method and to what extent the River will be cleaned up in a report to be issued sometime in 2000. It was Ms. Browner’s first appearance before a State legislative committee.

Petroleum Spills on Long Island

On Septemeber 28, the Committee, in conjunction with the Legislative Commission on Toxic Substances and Hazardous Wastes and the Legislative Commission on Water Resource Needs of New York State and Long Island Sound held a hearing in Stony Brook on the impacts of petroleum leaks and spills upon the surface and groundwater of Long Island. The main focus of the hearing was the impact of spills and leaks from underground storage tanks and the programs in place for responding to them, as well as the possible need for additional statutory protections. The concern is prevalent in Long Island where drinking water is supplied by a single source, shallow aquifer and is therefore especially vulnerable to petroleum spills.

 OUTLOOK FOR 1999

The Committee will continue working toward developing a sound, workable environmental policy in the upcoming 1999 Legislative Session, as well as continue its oversight activities. The Committee will work to re-establish the EPF’s funding levels achieved by the Legislature in 1998. Funding for the EPF was increased from $100 million to $125 million in the budget passed by the Legislature, however, after the Governor’s vetoes the EPF was funded at only $90.53 million.

The most pressing environmental need facing New Yorkers in the coming legislative session is the need to refinance the New York State Superfund program. The Assembly has held hearings on this critical issue, and has determined that the State Superfund is effectively out of money. Although a small cash balance remains, the ability to commit funds to new cleanup projects has been exhausted. The Governor made a commitment, during discussions of the $1.75 billion 1996 Clean Water/Clean Air Bond Act, to offer a proposal for Superfund refinancing. Over two years later we still have yet to see a proposal from the Governor. In evaluating any proposed new financing formula, the Assembly would take the "polluter pays" approach, and would resist efforts to weaken cleanup standards.

The Committee will once again introduce legislation that would allow any private citizen who has suffered or may suffer an injury to commence civil actions to remedy environmental violations. Ensuring the long-term health and abundance of New York State's aquatic resources and habitat is a priority for the Committee and will be addressed in the upcoming session. Legislation will be introduced to continue to protect the declining populations of many marine species of fish. Also the Committee will look into the most effective ways to utilize the Conservation Fund.

Acid rain continues to represent a major source of air pollution in the State, particularly in the Adirondacks. Legislation will again be introduced that would provide for review criteria of pollution allowance trades by New York utilities for potential adverse impacts on acid sensitive receptor areas, thereby advancing the State's clean air goals.

The Committee will also work to ensure that the EPF continues to be utilized for useful environmental projects. The DEC’s authority to regulate many species of fish and wildlife species will expire in 1999, and the Committee will be working with the DEC and the Senate to find appropriate extensions for and modifications to the DEC’s regulatory authority. Also expiring in 1999 will be the commercial fishing license moratorium. The Committee will seek an extension of this moratorium with some possible modifications.

Other initiatives to be addressed during the 1999 Legislative Session include: protecting the Adirondack Park's natural resources; environmental equity; pesticide notification and reduction; DEC authority to regulate many species of fish and wildlife; coastal zone management; solid waste penalties; citizen participation and technical assistance funding; Safe Drinking Water Act; waste reduction audits; and watershed protection.

1998 SUMMARY SHEET

Summary of Action on All Bills
Referred to the Committee on
ENVIRONMENTAL CONSERVATION

APPENDIX B

ENVIRONMENTAL CONSERVATION BILLS WHICH PASSED BOTH HOUSES
AS OF DECEMBER, 1998

APPENDIX C

ENVIRONMENTAL CONSERVATION BILLS WHICH PASSED THE ASSEMBLY