By Roger Downs
This has been a bittersweet year for New York’s environment. The Democrats controlling their slim majority in the Senate have demonstrated that they can advance meaningful environmental initiatives through their chamber, but no one in state government could protect our interests in the budget.
Vital programs for open space protection, recycling, and remediation were slashed to historic lows while the Department of Environmental Conservation (DEC) was eviscerated of staff and funding, reducing its work force to 1983 levels. We maintain hope that the Environmental Protection Fund will rebound when the state recovers from the economic doldrums, but the injury to the DEC will not be easy to heal.
The latest round of cuts, announced in early October, will add to the nearly 850 jobs lost since 2008. This 22 percent reduction to an already gutted agency means even fewer inspectors to monitor pollution and enforce violations - and now, with such a small operating budget, the remaining staff will be restricted from travel and necessary testing equipment. If that is not bad enough, a significant portion of those cuts will come through early retirements that will drain the agency of its institutional knowledge, with an average of 31 years of service for each departing DEC staffer.
It is hard not to place the blame for this crisis squarely on the shoulders of the outgoing governor. The Legislature has decried the dismantling of the DEC, but it has little control over the outcome. Even if the Senate and Assembly were to force full funding of the agency through the budget process, they couldn’t make the governor actually allocate funds to the agency he controls. Ultimately, this may be a matter of law and, if we want to restore our environmental agencies, we may have to fight for them.
The federal government has delegated much of its authority to the state to regulate seminal environmental statutes like the Clean Air and Clean Water acts. New York cannot simply shirk its legal responsibility because administering these programs is suddenly too expensive. Crippling the DEC’s ability to protect our natural resources and enforce violations is itself a violation of law.
While the assault on environmental spending is tragic, 2010 could have been a lot worse. I am gratified to have worked along side dozens of Sierra Club volunteers who pounded the floors of the Capitol, and hundreds more who sent letters and made phone calls. Here’s a short list of what we achieved:
Electronic waste recycling
After years of struggling to find a responsible way to deal with the mounting pile of obsolete computers and TVs in our landfills and incinerators (and the toxic byproducts in our water and air), New York finally has comprehensive electronic waste recycling. The new law requires manufacturers to take back electronic waste (e-waste) and ensure that it is properly handled and recycled. The bill establishes a state-wide electronic equipment reuse and recycling program, bans e-waste from landfills and incinerators, and shifts the responsibility for proper disposal from the consumer to the manufacturer.
Cleaner home heating oil
This new law will limit the sulfur content of home heating oil sold in New York and reduce overall sulfur dioxide emissions when #2 home heating oil is burned. This will reduce exhaust particles that can trigger allergies and asthma, decrease lung function, cause heart attacks and reduce green house gas emissions.
Phosphorous reduction
The everyday use of phosphorus in dishwasher detergents and lawn fertilizers is profoundly altering aquatic ecosystems and deteriorating drinking water. This new law prohibits phosphorus in dishwasher detergents and limits its use in lawn fertilizers, hopefully reducing phosphorus runoff into New York waters.
Smart growth infrastructure
Over the past 40 years New York has witnessed a profound migration of people and businesses from its urban centers into sprawling developments ó fragmenting our rural landscape with suburban roadways, strip malls and tract housing. Unchecked sprawl has siphoned off significant public dollars desperately needed in corroding cities. This monumental new law re-prioritizes state infrastructure expenditures. By focusing on consistent smart growth principles and placing priorities on existing infrastructure, New York can redefine economic growth in a way that protects the environment.
Time out on hydrofracking?
In August’s extra session, the Senate voted 49-9 to halt all drilling that employs hydrofracking, the controversial natural gas extraction technique, until May 15, 2011. The bi-partisan vote rocked the oil and gas lobby and made global headlines as other states and nations facing shale gas development considered moratoriums of their own. While this is a much shorter moratorium than we had hoped for, it gives the next governor breathing room to decide how to handle this highly charged issue.
The Division of Mineral Resources continues to plug away at the new guidelines governing hydrofracking and still insists that the state can start issuing permits by the end of 2010. The governor, however, is showing signs of apprehension after witnessing Pennsylvania’s summer of calamity and seems willing to force a delay. The measure still needs to pass the Assembly. While we are assured that there is ample support for the bill, that vote may not happen until after the elections.
EPA begins fracking study
In mid-September more than 400 speakers, including more than a dozen Sierrans, gave testimony in Binghamton before the EPA on the dangers and challenges of hydrofracking. The EPA is gathering data and case studies to support its investigation of fracking’s effect on water resources and public health. The study will take a life cycle approach and investigate every possible route to contamination of water. We are confident that a scientific analysis of drilling will show that fracking, as it is currently practiced, is unsafe.
Drilling on state land
This past August, the DEC released the draft Strategic Plan for State Forest Management. It is the first time New York has ever attempted to comprehensively look at all the uses of state forest lands. The plan stresses biodiversity, enhances ecosystem function, and prepares our forests for the worst consequences of climate change.
But the plan still includes the likely continuation of oil and gas development on state property. This contradiction invalidates an otherwise cohesive plan. If the state indeed is successful in advancing drilling, we will need every last acre of state land to mitigate the mass fragmentation and degradation of privately owned forests. Drilling in state forests will violate our fragile ecosystem’s last refuges. To read and comment on the plan, go to:http://www.dec.ny.gov/lands/64567.html.
Caitlin Pixley joins Albany staff
The Atlantic Chapter has hired Caitlin Pixley to work in our Albany office as the conservation associate. She is working with Roger Downs, conservation manager, on legislation, regulations, and conservation projects. She will also provide support for many volunteer activities.
Caitlin recently interned with Environmental Advocates of New York, where she lobbied on state legislation. While attending the College of St. Rose, she co-founded its Environmental Club and motivated the college president to sign onto the College Presidentsí Climate Commitment. Her communication skills, based on degrees in English and her teaching experience, will strengthen the Chapterís communication efforts. We look forward to a productive year with Caitlin and Roger in Albany.