In 2005, for the first time ever, five bills that were pending before the New York State Legislature were designated “Super Bills” by the Green Panel, an invited group of state environmental leaders. According to the Green Panel, these legislative proposals address particularly urgent or timely environmental issues facing New Yorkers.

“This new ‘Super Bill’ designation served to focus the Legislature’s attention on specific environmental initiatives, and resulted in Assembly passage of all five bills,” said Assemblyman DiNapoli.

As the prime-sponsor of four of the five Super Bills and a co-sponsor of the fifth, Assemblyman DiNapoli worked hard to ensure Assembly passage of all five measures. But while the Assembly passed all five measures, the Senate failed to bring any of the bills to the floor for a vote despite strong bi-partisan support for several of the bills.

Senator Marcellino and Assemblyman DiNapoli held a press conference earlier this year with Karen Joy Miller from the Huntington Breast Cancer Coalition and Laura Weinberg from the Great Neck Breast Cancer Coalition to discuss the proactive approach to these new pieces of legislation.

The goal of the “New York State Public Health Protection Act”, (A.7256/S.4545) is to avoid the mistakes of the past and encourage government decision makers to choose the safest, most sustainable alternative when taking action. The bill would establish that, when it comes to public health and the environment, government should not have to prove harm “beyond a reasonable doubt” before acting to reduce exposure or conserve resources. Instead, government should act on early warnings to create and choose alternative, more sustainable solutions.

The goal of the “New York State Safe and Sustainable Procurement Act”, (A.7257/S.4544) is to foster innovation in the private sector and harness the energy of the market to create and produce green products that perform better and cost less than currently available alternatives. The bill would require state and local agencies to buy clean and sustainable products and services. At a minimum, all products and services would have to avoid using toxic chemicals identified as priority substances of concern and meet federal recycled content and energy efficiency requirements. The bill also establishes seven criteria to ensure that procurement decisions protect public health and the environment, prevent pollution, and are participatory and transparent.

Grants would also be made available to small businesses, nonprofit organizations and preferred sources for the development, manufacture or provision of safe and sustainable products and services.

The intent of both bills, which are sponsored by Senator Carl Marcellino in the Senate, is to use the power of state policy and procurement to create and maintain a healthy environment and vibrant economy.

Assemblyman DiNapoli debating the “Bigger Better Bottle Bill” on the floor of the Assembly.
“Currently the bottlers and distributors enjoy a five-cent windfall for each container that is not returned,” DiNapoli said. “This bill would return those unclaimed deposits, which currently total an estimated $87 million annually, to the people of the state for environmental purposes. With the expansion of the bottle bill, this could mean as much as $179 million in new funding for environmental purposes.”

“When the original bill was enacted, there was a limited market for bottled water, juices, iced teas, and sports drinks. These containers now make up more than 20% of beverage sales and nearly two-thirds of the container litter along New York’s shorelines and roadways. It’s time for them to be included in this law which has done so much to clear the landscape and our waterways of litter and dramatically reduce the volume of garbage,” said DiNapoli, who chairs the Assembly’s Environmental Conservation Committee.

The bill provides for unclaimed deposits to be turned back to the state instead of being kept by bottlers and distributors. The recaptured funds would be deposited into the state’s Environmental Protection Fund (EPF) and distributed regionally to help local governments address their pressing environmental needs.

Working with a variety of stakeholders, DiNapoli amended the bill prior to passage by the Assembly. The new amendments included provisions that increase the handling fee received by retailers from two cents to three and a half cents; enhance enforcement by increasing penalties and authorizing independent enforcement action by the Attorney General and local law enforcement; and authorize grants through the EPF for establishing redemption centers, obtaining reverse vending machines and purchasing other related equipment. With these and other amendments, the already impressive base of support for the Bigger Better Bottle Bill expanded even further.

The Senate has yet to act on the bill.

Protecting the Environment and Boosting the Economy Through Pollution Prevention

Both houses of the Legislature have passed a bill that will help New York businesses improve their bottom line and protect the environment through the adoption of safer, more efficient production methods, work practices, and products. The legislation, (A.6852-C/S.2828-D), sponsored by Assemblyman David Koon and Assemblyman DiNapoli in the Assembly and Senator John Flanagan in the Senate, was signed by Governor Pataki in October 2005.

“This new law provides for a cultural shift in New York’s approach to protecting public health and the environment,” said DiNapoli. “While continuing to enhance the State’s existing regulatory programs, it is time to develop programs and establish incentives that will help New York businesses pursue innovation, improve their environmental performance, and maintain their competitive advantage in an increasingly global marketplace.”

The law explicitly grants DEC the power to implement comprehensive pollution prevention initiatives, including annual training for all department staff; the coordination of assistance, inspection and enforcement efforts; and the provision of information regarding opportunities for pollution prevention as a matter of course during permitting, inspection and enforcement activities. Support for an increase in state technical assistance is accompanied by a directive to adopt policies to address how DEC will respond if violations are discovered in the course of providing such assistance.

The law also establishes a Small Business Pollution Prevention and Environmental Compliance Assistance Program that will assist eligible businesses to achieve pollution prevention through on-site consultations and the development of comprehensive pollution prevention plans or environmental management systems. This program is an expansion of the existing Clean Air Assistance Program currently carried out by the Environmental Facilities Corporation (EFC) and Empire State Development (ESD).

A recent study by the National Pollution Prevention Roundtable documents that assistance programs across the country resulted in the avoidance of more than 167 billion pounds of pollution from 1990 to 2000. Experience in New York has shown that for every dollar government spends on prevention assistance, small businesses save six dollars.

In March 2005, the Committee issued a preliminary report titled “Vapor Intrusion of Contamination from Soil and Groundwater into Indoor Air,” which is available from Assemblyman DiNapoli’s Albany office or by clicking here. The Committee is planning to release a final report on these hearings by the end of the year. Some key findings and recommendations include:

• There is a high level of uncertainty, and even controversy, associated with many of the issues raised by vapor intrusion – from site screening and initial testing through the setting of indoor air quality standards, mitigation and remediation. In the face of this uncertainty, government must take a precautionary approach to eliminating the exposures caused by vapor intrusion.

• The decision-making process at vapor intrusion sites should be open and transparent, provide citizens with complete and accurate information on potential health impacts, and ensure opportunities for meaningful citizen participation.

• DOH should revise its indoor air guideline for trichloroethylene (TCE) to reflect the most protective assumptions about toxicity and exposure supported by science. DOH’s current guideline of 5.0 mcg/m3 is two orders of magnitude higher than the risk-based concentrations for TCE developed by a number of EPA regions and other states based on more protective assumptions. Caution is warranted given the inherent difficulty of gathering definitive data on the health impacts of toxic chemicals and the epidemiologic and toxicological evidence available to us regarding the association of exposure to low levels of TCE with cancer and serious non-cancer health impacts, such as birth defects.

• DOH and DEC should adopt a general presumption that mitigation will be implemented for any structure where contamination is detected and evidence exists that such contamination may be caused by vapor intrusion. This recommendation is supported by a large number of findings from the Committee’s hearings, including the fact that the most protective risk-based concentrations for TCE are equal to or below detection limits; that the accurate prediction and measurement of vapor intrusion is difficult; and that the cost of mitigation is equal to or less than the cost of monitoring.

Studies have shown that many cleaning and maintenance products contain potentially harmful chemicals that may threaten individual health or lead to accidental poisoning. Over the long term, the use of these products burdens wastewater treatment facilities and may result in surface or groundwater contamination. Under the new law, products used by schools must minimize adverse impacts on children’s health and the environment.

“Even more so than adults, children are vulnerable to, and may be severely affected by, exposure to toxic chemicals, hazardous wastes, and other environmental hazards,” said DiNapoli. “This legislation will reduce as much as possible the exposure of children and school staff to the potentially harmful chemicals found in cleaning products.”

Healthy and environmentally-friendly products have been proven to perform as well as traditional cleanup products at equivalent cost.

Among these was an agreement to permanently increase the size of the Environmental Protection Fund (EPF) by $25 million to a record high $150 million. In his budget proposal, the Governor responded to the Assembly and environmental community by proposing to increase the EPF by $25 million. However, the Governor undermined his own proposal by making the increase discretionary and seeking to add $31.95 million in offloads and new purposes to the Fund.

The Assembly worked closely with the Senate to improve the Governor’s plan by ensuring that the $25 million increase will be a guaranteed increase in 2006-07 and beyond, and by removing the vast majority of the offloads. The Legislative plan provided for the restoration and enhancement of funding for traditional EPF programs such as municipal parks, waterfront revitalization, municipal recycling, non-point source pollution control, and agricultural and farmland protection. In addition, 25 percent of funding for municipal parks and waterfront access was set aside for low-income communities that are underserved by open space.

Also contained in the final budget was a package of reforms to the Empire Zone program, which included provisions that may reduce sprawl and zones being designated on open space. Specifically, the program now limits the designation of zones to areas served by sewer and water infrastructure unless there is no viable alternative.

DiNapoli poses questions to DEC Officials and environmental groups about budget priorities.

Assemblyman DiNapoli addresses environmental groups on the legislative package the Assembly was passing on Earth Day.

“From banning the open burning of solid waste and regulating carbon dioxide emissions to protecting New Yorkers from mercury and pesticides, I am proud of the lead the Assembly has taken to ensure that the environment we pass on is cleaner and healthier for future generations,” said DiNapoli.

The following 14 bills comprise the legislative package passed by the Assembly:

• A.114 (Bradley) – Allows individuals to challenge state environmental quality review act (SEQRA) determinations

• A.1454 (Colton) – Creates an electronic recycling program to ensure the proper disposal of electronic waste

• A.1802-A (Brodsky) – Reduces pesticide use by New York State agencies, and fosters non-chemical pest control strategies

• “From banning the open burning of solid waste and regulating carbon dioxide emissions to protecting New Yorkers from mercury and pesticides, I am proud of the lead the Assembly has taken to ensure that the environment we pass on is cleaner and healthier for future generations,” said DiNapoli.

  A.3073 (Koon) – Prohibits open, outdoor incineration of most household wastes in so-called “burn barrels”

• A.3574 (DiNapoli) – Promotes the funding of infrastructure projects by certain state agencies in a manner consistent with smart growth principles

• A.4459 (DiNapoli) – Regulates emissions of carbon dioxide by major electric generating facilities effective January 1, 2009

• A.4793 (Colton) – Clarifies prohibitions on the disposal of recyclables in solid waste facilities and specifies materials which must be included under local recycling laws

• A.5328 (Ramos) – Provides for health studies in cases where a major source of air pollution repeatedly exceeds emissions limits or permit conditions are altered to allow higher emissions

• A.5982 (Diaz) – Provides for the identification of areas of the State most adversely affected by existing environmental hazards

• A.6448 (Wright) – Creates a state urban pesticide board to study and report on the application of pesticides in urban areas

• A.6484 (Grannis) – Directs the DEC to implement air pollution standards for mercury, effective January 1, 2012

• A.6850 (DiNapoli) – Prohibits the sale of mercury thermostats, various mercury instruments and measuring devices, and mercury switches and relays

• A.6985 (Magee) – Creates a linked deposit program to assist eligible borrowers in undertaking non-point source water pollution projects

• A.7083 (Lupardo) – Requires that prior to the sale of state land a determination is made that such sale is consistent with the state land acquisition plan

Since New York State’s first Earth Day celebration 35 years ago, the Assembly has been instrumental in protecting the state’s environment by initiating a number of landmark measures, including the State Environmental Quality Review Act, the Tidal and Freshwater Wetlands Protection Acts, the Adirondack Park Agency Act, the Pine Barrens Preservation Act, the State Superfund, the Environmental Protection Fund, the Returnable Container Act, the Pesticide Use and Reporting Act, and the Brownfield Cleanup Program and State Superfund Refinancing Act of 2003.

A.6850-A (DiNapoli)Prohibits the sale of mercury thermostats, various mercury instruments and measuring devices, and mercury switches and relays (Chapter 676)

A.7032 (Glick) Prohibits the shooting or spearing of targets or animals from a remote location over the Internet (Chapter 653)

A.6852-C (Koon) Establishes a small business pollution prevention and small business environmental compliance assistance program (Chapter 654)

A.7280-B (DiNapoli) Relates to promoting the reuse of greywater and reclaimed wastewater (Chapter 619)

A.8672-B (Parment) Revises the procedures relating to the exploration and development of oil and gas reserves including clarifications regarding the rights and responsibilities of operators and landowners (Chapter 386)

A.3711-B (Bradley) Increases protections for endangered and threatened species, species of special concern and certain reptiles and amphibians (Chapter 706)

A.7603-A (Green) Requires environmental impact statements to be posted on a publicly-available Internet website (Chapter 641)

A.8005-B (Ortiz) Authorizes DEC to prepare materials necessary for farm worker pesticide application certifications in Spanish or other languages, if necessary (Chapter 732)

A.8446 (Magnarelli) Dedicates the Camillus Forest Unique Area to the State Nature and Historical Preserve (Chapter 463)

A.8447 (Reilly) Dedicates the Albany Pine Bush Preserve to the State Nature and Historical Preserve (Chapter 217)

A.6460-B (DiNapoli) Provides clarifications in the Pine Barrens statute regarding the eligibility of government entities for hardship permits (Chapter 448)

A.8366 (O’Donnell) Enacts the interstate mining compact (Chapter 618)

A.6454-B (DiNapoli); A.8770 (Rivera, N); A.8832 (DiNapoli) Further protects the State’s marine resources by providing for additional regulation over the bay scallop, oyster and lobster fisheries (Chapters 204, 155, 175)