News from Environmental Advocates of New York

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Environmental Groups Recognize Green Victories at Close of 2008 NYS Legislative Session

ALBANY, NY (06/27/2008; 1051)(readMedia)-- At the close of the 2008 New York State Legislative Session, environmental and energy groups applauded many of the actions made by Governor David Paterson and state lawmakers to protect the health of our air, land and water. And while none of the environmental community's priority Super Bills made it to the floor of the State Senate for a vote, legislation introduced by state lawmakers to reduce the pollution that is changing our climate did gain traction and sponsors in that house.

"Governr Paterson and the New York State Legislature are to be commended for their efforts to protect New York's natural resources this year," said Robert Moore, Executive Director, Environmental Advocates of New York. "The end result wasn't perfect, and there is much work to do when it comes to reducing the pollution that causes climate change, but Environmental Advocates of New York is encouraged by the green efforts of lawmakers in 2008."

"Increased use of clean, renewable energy translates intoimproved air quality and healthier lungs for New Yorkers," said Michael Seilback, Senior Director of Public Policy & Advocacy for the American Lung Association of New York State. "Adopting net metering and promoting green buildings will provide incentives to invest in renewable energy generation, which will help all New Yorkers breathe a little easier."

Among the greener highlights of the 2008 New York State Legislative Session:

Fix for Brownfields Tax Credits: he Governor and lawmakers reached a deal to limit the outlay of state cash for certain sites where redevelopment is likely to occur, while at the same time provide bigger tax incentives for cleaner cleanups. In addition, a modest tax incentive was created for projects in communities consistent with Brownfield Opportunity Area plans and some new good provisions were added to get a better handle on what this program really costs.

Expansion of State Net Metering Laws: Net metering s the practice that credits consumers for the clean energy they generate themselves. The new policy expands net metering for three types of clean energy systems: solar, wind and farm waste. Residential customers will now be able to install solar systems of up to 25 kilowatts in size. Commercial and industrial customers will be able to install solar systems of up to 2 megawatts, or the customer's peak load, whichever is less.

Great Lakes Protections: Earlier in the year, lawmaker agreed to ratify New York's participation in a multi-state agreement on the management of Great Lakes water-the Great Lakes Compact. This new law, already signed by Governor Paterson, protects Great Lakes water levels and requires the state to establish water conservation measures. The new law also prohibits transfers of Great Lakes water outside of the Basin and protects New York's right to set stronger water management practices.

Making it Easy to Build Green: Two new laws wil encourage the construction of green buildings. One agreement between the Governor and lawmakers encourages residential builders to build green by providing new state grants administered by the New York State Energy Research & Development Authority (NYSERDA). Another law will require new buildings and major renovations of existing state buildings meet energy consumption and resource standards established in consultation with the NYSERDA.

"The new net metering legislation is an important brakthrough for efforts to make it easy for New York's business and farm community to install clean renewable energy facilities," said Jamie Van Nostrand, Executive Director of the Pace Energy and Climate Center. "While the brownfields legislation was very positive insofar as it reduces the State's exposure to huge tax revenue losses from a handful of mega-projects, we had hoped that the legislation would include tax incentives to encourage development of clean energy projects on brownfield sites. Overall however, we commend Governor Paterson for his leadership on energy issues, including his Renewable Energy Task Force and the statewide energy planning process."

While the State Senate did not pass legislation to cut greenhouse gas emissions this year, progress was made on measures to reduce global warming pollution. In April the Assembly, thanks to the leadership of Assemblyman Bob Sweeney, passed the Global Warming Pollution Cap to limit greenhouse gas emissions from all sources by 80 percentby 2050. On the Senate side, nearly identical measures introduced to cut climate pollution enjoyed 32 sponsors, which bodes well for the bill's chances in the weeks to come. Senators on both sides of the aisle, including, but not limited to, Senators Morahan, Padavan, Antoine Thompson and Krueger, worked right up to the end to try to push this bill across the finish line.

The Governor and both houses took a giant stride toward energy independence for New York by passing the critical net meteringbill and other solar and green initiatives," said Richard Schrader, the New York Legislative Director for the Natural Resources Defense Council (NRDC). "With net metering, New York will cut back on fossil fuel consumption, expand the use of renewable resources and create a wave of good paying, skilled, green jobs."

Despite last-minute talk of compromise that would limit the extension of the nickel deposit to water bottles, the Bigger Better Bottle Bill failed to get traction in the Senate. Ths bill would expand the definition of "beverage" in the State Returnable Container Act (the bottle bill) to include non-carbonated drinks other than milk and liquor, and direct unclaimed deposits to the Environmental Protection Fund. Legislation to protect New York's precious wetlands did not fare well either. The Wetlands Protection Act would provide the Department of Environmental Conservation with regulatory authority over freshwater wetlands of one acre or more, regardless of whether that wetland ha been mapped by the agency.

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