Perhaps the most important accomplishment of the 2007 Legislative Session was the enactment of legislation (A.8339, Sweeney/S.5304, Marcellino) which will increase the State’s Environmental Protection Fund (EPF) to $300 million. The bill was signed into law by Governor Spitzer on July 18, 2007 (Chapter 258 Laws of 2007).

“The additional funding for the EPF will fuel substantial increases in traditional EPF programs such as municipal parks, waterfront revitalization, municipal recycling, open space land acquisition, non-point source pollution control and farmland protection, as well as new funding for wastewater treatment projects, invasive species management and Ocean and Great Lakes initiatives,” said Sweeney.

The EPF is funded primarily through revenues received from the State’s Real Estate Transfer Tax (RETT). Since SFY 1996-97, RETT revenues have risen exponentially from approximately $90 million to well over $1 billion in SFY 2006-07. However, contributions to the EPF from the RETT have only risen from $87 million to $212 million. This new law will increase the RETT dedication to the EPF to a level of $287 million, resulting in a total of $300 million for the EPF.

According to Sweeney, “Sprawling development across New York State consumes open space and farmland, threatens clean water, increases fuel consumption and air pollution, and creates more solid waste. But this same sprawling development has resulted in a dramatic increase in receipts from the Real Estate Transfer Tax, the primary revenue source for the EPF.”

On April 23, 2007, the Assembly commemorated Earth Day by passing a 16 bill legislative package. The legislation ranged from measures that address global warming and reduce solid waste to initiatives aimed at protecting water resources and public health. This package helped to set the agenda for the remainder of the legislative session and included bills which were ultimately amended and passed in both houses.

• A.1142 (Brodsky) - Phases out the use of pesticides by State agencies and authorities based on toxicity levels over a 3 year period.

• A.1435 (Bradley) - Allows a person to institute an action for a violation of the provisions of the State Environmental Quality Review Act even if the injury does not differ in kind or degree from the injury suffered by the public at large.

• A.2002 (R. Diaz) - Addresses environmental justice issues by requiring DEC to identify areas of the State with high concentrations of environmental facilities.

• A.2005 (Lupardo) - Requires new or substantially reconstructed State agency buildings to comply with the United States green building council leadership in energy and environmental design silver (LEED Silver) rating and guidelines.

• A.3318 (Colton) - Clarifies prohibitions on the disposal of recyclables in solid waste facilities and specifies materials which must be included under local recycling laws.

• A.5299 (Wright) - Creates a state urban pesticide board to study and report on the application of pesticides in urban areas.

• A.5457 (Koon) - Prohibits the open burning of solid waste.

• A.7133 (Sweeney) - Expands DEC’s regulatory authority to wetlands over one acre in size and removes the existing requirement that lands or waters be included on the freshwater wetlands map in order to be considered wetlands.

• A.7231 (Jaffee) - Requires testing of private wells upon sale or transfer of real property.

• A.7266 (Sweeney) - Enacts the Great Lakes - St. Lawrence River Basin Water Resources Compact.

• A.7333 (Sweeney) - Authorizes towns and cities to establish community preservation funds, to be funded with a real estate transfer tax.

• A.7335 (Hoyt) - Requires certain state agencies to fund infrastructure projects in a manner consistent with smart growth principles.

• A.7365 (Sweeney) and A.7366 (Gianaris) - Enact the Climate Change Solutions Act and Fund to provide for funding of energy efficiency and renewable energy development initiatives using proceeds from auction of carbon dioxide emission allowances.

• A.7367 (Sweeney) - Establishes an interagency task force which would research projected impacts of climate change and make recommendations on measures to mitigate climate change and to adjust to climate change.

• A.7451 (Farrell) - Makes available a solar energy tax credit for co-ops and condos.

• K.425 (Tonko) - Legislative Resolution urging Congress to cap greenhouse gas emissions and reduce such emissions by 80 percent by the year 2050.

“This legislation sets out to strengthen environmental protections so New Yorkers will have clean air to breathe, water to drink and reduced exposure to pesticides. The bills also address the many environmental challenges facing communities across the state. From our health to the economy, every aspect of our life is affected by the quality of our environment. Gone are the days when solutions to these problems could be put off or forgotten. The time for action is now,” said Assemblyman Sweeney.

The energy used for lighting represents about a quarter of the State’s electricity demand. Most residents and many businesses still use traditional incandescent light bulbs, which convert about 10% of the electricity they use to light with the remaining 90% converted to heat. In contrast, energy efficient alternatives such as compact fluorescent lamps (CFLs) convert a much smaller amount to heat and thus use two-thirds less energy for the lighting equivalent to traditional bulbs.

During the 2007 session, the Assembly Committees on Environmental Conservation and Energy held a hearing regarding environmental and energy efficiency issues related to lighting technology alternatives. As a result of the testimony heard at the hearing, the Assembly passed the Lighting Efficiency and Toxics Reduction Act (A8641-B, Sweeney). This bill establishes a strategy for substantially increasing the use of energy-efficient lighting in lieu of less efficient lighting over the next decade. The bill also provides for a phase down of the use of toxic materials in all lighting products and the implementation of programs for the recycling of mercury-containing lamps.

As an example of the potential impact of this bill’s promotion of energy efficiency, replacing incandescent lamps with CFLs nationally would reduce the annual energy demand by the equivalent of what is generated by 30 nuclear power plants or up to 80 coal-burning power plants. Estimates of more than 158 million tons of carbon dioxide and 5,700 pounds of airborne mercury emissions would be eliminated due to decreased energy demands.

Discussions are underway with the Senate to reconcile differences in the legislation that passed that house in hopes of sending an agreed-upon bill to the Governor for his approval before the end of the year.

Approximately 80 percent of New York’s fresh surface water and over 700 miles of shoreline are within the drainage basins of Lake Ontario, Lake Erie, and the St. Lawrence River. Over 40 percent of the land mass in New York State lies within the Great Lakes Basin, extending over 25 counties. Consequently, protection of the water in the Great Lakes Basin is of tremendous importance to millions of residents and businesses in New York State. The Great Lakes – St. Lawrence River Basin Water Resources Compact contains a number of important water-use protections, including prohibitions on any new out-of basin-diversion, and requirements that major new withdrawal projects must include water conservation measures and that all diverted waters are returned to the basin of origin.

It is likely that the Compact, sponsored by Assemblyman Bob Sweeney (A.7266-B), will become a reality this year. After being passed by the Assembly two years in a row, the Senate passed the Compact in July. The Compact is the result of a multi-year international effort to create an enforceable process to protect the waters of the Great Lakes Basin. To become the law of the land, the Compact language will have to be passed into law by all eight Great Lakes States, and then be ratified by Congress. When this happens, the Compact Agreements will constitute a major improvement in the protection and management regime for all waters of the Great Lakes Basin.

The agreements can be viewed online on the web site of the Council of Great Lakes Governors at: http://www.cglg.org/projects/water/CompactImplementation.asp

The Assembly recently passed legislation (A.8810-B, Sweeney) which aims to reduce the environmental damage caused by single-use plastic carryout bags. It is estimated that up to one trillion of these bags are consumed worldwide each year, with billions ending up as litter, contaminating the environment, and posing a risk to wildlife and marine life. Other governments have banned or taken similar action to reduce the environmental impacts of plastic carryout bags, including Australia, Bangladesh, Ireland, Italy and Taiwan, as well as the State of California.

The Assembly bill requires large retail stores that provide customers with plastic carryout bags at checkout to establish in-store programs for customers to return those bags for recycling. In establishing return programs, the stores must make available clearly-marked, visible and accessible bag collection bins, and ensure that each plastic bag provided by the store is printed with the words, “PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING”. Additionally, the store must make reusable bags available to customers for purchase to be used in lieu of single–use bags.

The bill also places responsibilities on the manufacturers who sell single-use plastic bags to the stores in the State. They are required to make arrangements with the stores (at their request) for the proper collection, transport and recycling of the returned bags. Furthermore, the manufacturers must develop and make available to stores educational materials encouraging the reduction, reuse, and recycling of plastic carryout bags.

This year the Assembly Environmental Conservation Committee had 53 bills pass both houses of the legislature. Among these bills are the following:

Restricting the Use of Hazardous Creosote - The use of creosote has been linked to a number of health problems for workers and the contamination of surface and ground water. This new law will phase-out the manufacturing, sale and use of creosote and regulate its disposal. (A.1095-A, Brodsky/S.1768-A, Maltese; Chapter 172 Laws of 2007)

Increasing Information Relating to Environmental Tests - This bill requires landlords to disclose known reports of contamination of real property to all tenants occupying such property. (A.2742, Lupardo/S.1586, Libous; Passed Both Houses)

Reducing Lead Content in Jewelry - When various health groups conducted independent tests of jewelry sold in New York, they found significant levels of lead. This bill provides for more stringent control over the lead content of jewelry, particularly children’s jewelry, sold in the State. (A.8077, Koon/S.5784, Alesi; Passed Both Houses)

New York State Canal Flood Mitigation Task Force - In late June 2006, communities, businesses, farms and families were devastated by unprecedented flooding along the Erie Canal. This bill creates a task force to determine what measures should be taken to enhance flood management and mitigation in and along the New York State canal system. (A.6487-A, Tonko/S.4139, Farley; Passed Both Houses)

Oswego River Basin Water Level Management Commission - This bill seeks to manage the water levels of the canal system, Finger Lakes, Seneca River, Oneida Lake, Oneida River and Oswego River by establishing a commission made up of representatives of state and local governments, and private citizens. (A.6905-A, Magnarelli/S.3761-A, DeFrancisco; Passed Both Houses)

Zoar Valley Unique Area - The Zoar Valley Unique Area is a 1,492-acre property spanning the borders of Erie and Cattaraugus counties which includes miles of tributary gorges, carved by the Cattaraugus Creek following the retreat of the last glaciers. This new law will provide long-term protection of these irreplaceable natural and scenic resources by dedicating the Zoar Valley Unique Area to the State Nature and Historical Preserve. (A.7542, Parment/S.5141, Young; Chapter 130 Laws of 2007)

Water Pollution Control Linked Deposit Program - This new law will make it easier for residents, small businesses and farmers to obtain loans for water pollution control programs by establishing a linked deposit program through the Environmental Facilities Corporation. Under the Program, up to $10 million will be made available annually from the State Revolving Loan Funds to farmers to undertake agricultural non-point source management projects and to residents and small businesses upgrading or replacing on-site wastewater treatment (septic) systems. (A.8460, Magee/S.6098, Saland; Chapter 262 Laws of 2007)