NY State Assembly Passes Climate Leadership And Community Protection Act

Legislation sets the goal of reducing greenhouse gas emissions 85 percent by 2050, and having net zero emissions in all sectors of the economy

Speaker Carl Heastie and Environmental Conservation Committee Chair Steve Englebright today announced Assembly passage of the Climate Leadership and Community Protection Act, a comprehensive bill that sets critical environmental standards, including reductions in greenhouse gas emissions and increasing the use of renewable energy in order to address and mitigate the effects of climate change (A.8429, Englebright).

"Climate change is already having adverse effects on communities here in New York, and if it continues unchecked, it will wreak havoc on our environment, our economy and on the everyday lives of New Yorkers," Speaker Heastie said. "As the administration in Washington rolls back environmental protections, the Assembly Majority will continue to lead the way in developing green energy alternatives and sustainable policies and practices."

"People across the state, from Buffalo to Long Island, have urged New York to act on climate change. I am proud that the Assembly Majority has led the way on this issue and has now passed the most comprehensive climate legislation in the nation. This bill sets New York on a course for a sustainable future by transitioning our state to clean renewable energy, unleashing the genius of American industry, and ensuring good paying jobs that work for all New Yorkers," said Assemblymember Englebright.

The Climate Leadership and Community Protection Act would require that the Department of Environmental Conservation (DEC) establish:

•  Statewide greenhouse gas emissions limits by regulation, to reduce emissions 85 percent by 2050;
• Regulations to achieve statewide greenhouse gas emissions reductions; and
• A process ensuring that a minimum of 35 percent of investments from clean energy and energy efficiency funds are invested in disadvantaged communities.

The legislation would also establish a Climate Justice Working Group, consisting of representatives from environmental justice communities, DEC and the Departments of Health and Labor. The working group would identify disadvantaged communities for the purposes of reducing co-pollutant and greenhouse gas emissions and the allocation of certain investments.

A CLEAN START - Environmental Advocates of New York

Dear Advocates,

Former President Obama once said, “Elections have consequences.” That statement might be doubly true for the election we just had in New York.

New Yorkers have elected a new majority to the State Senate. In doing so, over a quarter of the Senate chairs will be filled by new members. With these changes comes great opportunity for popular, common-sense environmental legislation to finally see the light of day in the Senate.

You know from your involvement with us that there has been environmental stagnation in Albany. Critical pieces of legislation have been blocked by leaders who refused to step up and protect our environment, strengthen our communities, or improve our health. Bills with broad backing like the Climate and Community Protection Act (CCPA) and the Environmental Bill of Rights easily passed the Assembly this year with bi-partisan support, only to be buried in the Senate. The CCPA actually had a majority of Senators listed as official co-sponsors.

Where the previous Senate Majority had failed to recognize the importance of having a right to clean air and water or the potential of good jobs in the clean energy economy, we trust the new Senate Majority will take a different path. We expect the new Senate will join the Assembly in being champions of the environment by prioritizing policies that benefit our health, our communities, and our economy. The Climate and Community Protection Act and the Environmental Bill of Rights would both be a good place to start. The incoming Majority Leader, Andrea Stewart-Cousins has championed the climate bill.

Similarly, the change of leadership in the US House of Representatives holds promise for positive action on the environment. It starts with a fundamental flip of ideals—science is important again, climate change is real, and actual oversight of agencies like the EPA is necessary. While there may be scant hope for the House to be joined in their ideals by a federal government that remains hostile to the environment, they should provide a counterbalance to the dirty policies of the Trump administration.

This election does not mean our job is done. We still need to make our case—loudly—but now to more receptive ears. The opportunity to make real environmental progress is much greater today than it was a week ago. Let’s get to work.

Sincerely,

Peter M. Iwanowicz
Executive Director
Environmental Advocates of New York

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Environmental Advocates of New York strongly supports these bills:

Climate and Community Protection Act 

A.8270-B (Englebright, et al.)    S.7971-A (Hoylman, et al.)

The impacts of climate change are affecting New York’s economic security, safety, and public health. Poor air quality, which is worsened by climate change, is making our children sick and shortening the lives of seniors. Extreme weather events place people in danger, cost billions in lost production and revenue, and damage or destroy communities.

Read more here...

Environmental Bill of Rights 

A.6279 (Englebright, et al.)     S.5287 (Carlucci, et al.)

This bill establishes in the New York State Constitution a right to clean water, clean air and a healthful environment. It addresses a gap in our legal foundations, and provides an expression of values that other states have already seen fit to establish and to pronounce.

Read more here...

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UPDATE (11.14.2018):

The Adirondack Mountain Club (ADK) strongly supports the Environmental Bill of Rights legislation

This proposal would amend the State Constitution's Bill of Rights to include a right to clean air and water and a healthful environment. This proposal establishes for New Yorkers the constitutional right to clean air, clean water and a healthy environmental equivalent to other basic rights guaranteed in New York State’s Constitution Article 1 Bill of Rights, such as, the right of freedom of worship and religious liberty, freedom of speech and the press, compensation for taking private property, equal protection of law, and security against unreasonable searches and seizures, among others. The basic human right to clean air and water and a healthful environment has been starkly absent from this list of constitutional protections, but recent threats to our water and air have reminded us that we cannot take for granted that these life sustaining elements will be protected. It is critical that we recognize the basic human rights to clean air and water and a healthful environment and detail these in the Article 1 Bill of Rights. 
Read more here... 


To Download the PDF document at the ADK website, Click Here

For this and other ADK Policy Positions, visit the ADK Website Here
 

NYS Assembly Passes Climate Bill Promoting Renewable Energy, Green Jobs, and Community/Worker Protections

THANK YOU New York State Assembly, Assemblyman Steve Englebright, Honorable Speaker of the New York State Assembly Carl E. Heastie, for passing the Climate and Community Protection Act by a huge margin!

Now we need the same climate leadership from Governor Andrew Cuomo and New York State Senate, so we can get this critical bill passed in 2018, fight climate change, protect frontline communities, and ensure green jobs are good jobs.

Big THANK YOU to Assembly Members who changed their votes from No in 2017 to YES in 2018! To see how Your Assembly Member voted, click here.

For a Summary of the Bill, click here.

Important Climate Bill Passed by NY State Assembly - Fueled by People Power

Photo: Twitter @32BJSEIU 

By David Kowalski

Hundreds of New Yorkers stood together at the State Capitol in Albany on June 1st, rallying to move the NYS Assembly to pass an important new bill, the Climate and Community Protection Act.

If passed, the bill would require that New York move away from dirty fossil fuels, which cause pollution and global warming, and shift to clean, renewable energy that would lead to new jobs, healthy communities, and help stabilize the climate.

People participating in the rally comprised a broad coalition of environmental justice, climate activist, conservation and labor groups.
 
Buffalo was well represented by members of the Climate Justice Coalition of WNY, Sierra Club Niagara Group, PUSH Buffalo, Massachusetts Avenue Project,  and concerned citizens -- three bus loads of people!

Also present were representatives of unions and the Working Families Party along with the national president of the Sierra Club, Aaron Mair, and the NY state chapter chair, Roger Downs.

We rallied outside with hundreds of others and listened to speakers representing different groups tell their stories and express the need for the legislation and their demands. Then we marched through the Capitol building while the Assembly was in session, making our voices heard with chants and our messages visible with signs.

After gently directing the chanting throngs of concerned citizens in the Capitol hallways and also in the area with a full view of the Assembly Chamber, a Capitol official said to me "this is the way democracy is supposed to work." Right on!

Here is a 1 minute Video that features people from Buffalo (it also includes Sierra Club officials cited above). The video shows a few of the activities at the outdoor rally and also the march inside the State Capitol and a view of the Assembly Chamber:

                                                         Video: David Kowalski

To view Photos taken at the Capitol Climate Rally, Click Here
National Sierra Club president, Aaron Mair, speaks on clean energy, jobs & justice: Listen Here 

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The Assembly vote was cast hours after we left Albany to return to Buffalo.

The Assembly heard the call of the people and passed the Climate and Community Protection Act (A.10342) by an overwhelming vote of 96 to 43.

We stood together for Climate, Jobs and Justice -- and We Won!

Thanks go to Assembly Member Steve Englebright for sponsoring the bill and to the many co-sponsors (Englebright appears in the last slide of the video speaking to us in the Capitol).

Now, New York is on a path to 100% clean renewable energy legislation.

The Assembly legislation requires the state to transition electricity generation to 50% renewable energy by 2030, 100% by 2050, and reduce greenhouse gas emissions 80% by 2050.

Importantly, the legislation places emphasis on environmental and economic justice, prioritizing the safety and health of disadvantaged communities. Furthermore, it protects communities and workers by creating new jobs and providing a justice-based transition.

The Assembly legislation is now in the hands of the NYS Senate and has been referred to the Environmental Conservation committee.

The photo below gives an idea of the size of the coalition that rallied on the Capitol steps (Click image to enlarge):

For more information about the bill, see 'The New York Assembly Just Passed The Nation’s Most Ambitious Climate Bill' at Think Progress.

To see how your Assembly Member voted, click here.

Thanks to NY Renews for organizing the rally and spearheading action on the bill.

STATE CAPITOL RALLY: Stand Together for Climate, Jobs, and Justice

Join us to Rally for 
100% Clean Renewable Energy in NY State!

The Climate Justice Coalition of WNY and the Sierra Club Niagara Group need YOU in Albany to tell our lawmakers that we demand a Clean Energy Economy with Good Jobs, Healthy Communities, a Livable Climate and Justice for ALL!

The shift to renewable energy will cut global warming pollution, create new jobs and must include policies that ensure equity and justice for our communities and workers.

Fortunately, the NYS Assembly recently introduced a new bill, The Climate and Community Protection Act (A10342), that addresses all of the above concerns. But the bill will not become law without Strong Public Support. That's why we need YOU at the State Capitol!

Rally with us on June 1st to make your voice heard and let New York State legislators know that We Stand United for a clean energy economy and renewable energy future for all!

Get your BUS Tickets here: Buffalo Bus To Albany

Renewables Are Doable!

For more information visit New Yorkers for Clean Power

Save Energy & Money: Call for Tax Incentives on Geothermal Heat Pumps in the NYS Budget

Message from Bill Nowak,
Executive Director, NY-GEO.org

Dear Friends,

This is it. Can you help one more time?

The Assembly and Senate have included the 25% (up to $5k) geothermal tax credit and the sales tax exemption in their proposed 2016-2017 budgets. 

 The budget is scheduled to be approved by April 1. Things are fast and furious in Albany right now in negotiations between the legislature and the governor’s office.  The instinct to preserve state revenues is engaging in hand to hand combat with the instinct to help the environment and people of New York during this budget process.

 We can win this one or we can lose it and NY-GEO is leaving no stone unturned.

 PLEASE HELP US TODAY – We need you to take 2 easy steps:

1. Please call Governor Cuomo at 518-474-8390 - press 2 to leave a message or 3 to speak with an aide.  See below for both short and long sample messages.

 A sample short message for the phone:

Please include BOTH the geothermal tax credit (S 6249) and sales tax exemption (S6250) in the final 2016-17 budget.  Geothermal heat pumps (GHPs) cut greenhouse gases, save New Yorkers money and create green jobs.  These incentives would give GHPs parity with Solar PV.

2. Then send an email message to the Governor's aides and the legislative leaders who are negotiating the budget:

Hydrofracking Updates

Yes, a Drilling Moratorium.

Tuesday, March 26, 2013 by: Times Union Editorial Board. 

Our opinion: The Legislature should pass a moratorium on fracking while multiple studies are under way.

Whether you feel that natural gas fracking is the economic salvation of New York or an environmental disaster waiting to happen, there is one indisputable fact about it: The science is not in. Not by a long shot. And that’s why a moratorium in New York makes sense.

State leaders who have vowed to let science guide their decision on whether to allow high-volume horizontal hydraulic fracturing could show they mean what they say by declaring that the idea is off the table at least until some serious study is done.

While the industry’s persistent public relations campaign has portrayed fracking as clean and safe, we simply don’t know if that’s true. At least five studies are under way or being considered on fracking as scientists and health researchers seek answers.

Read more at TimesUnion.com

Note: The New York Assembly has already voted to ban fracking for two more years.
The moratorium would last until May 15, 2015. In the meantime, the Assembly bill calls for the State University of New York to conduct an independent, comprehensive health review (A5424A-2013).

A similar bill to ban fracking for two more years was introduced by the Independent Democratic Conference in the Senate (S4236A-2013).
However, the GOP is against the moratorium and they prefer to wait instead for Governor Cuomo’s health commissioner to complete an ongoing review. Read more here.
 
UPDATE 4.9.2013 --  Letter: Governor Cuomo, insist on a drilling moratorium
To the editor of the Times Union -- Published Friday, April 5, 2013

On behalf of a bipartisan group of more than 635 local elected officials from all 62 counties across New York, we agree with the Times Union's editorial in support of a moratorium on fracking. Wisely, the Times Union cited a growing majority of New Yorkers who question the safety of fracking: "Safe? Prove it. We can wait."

We can — and must — hold off. Elected Officials to Protect New York, whose signatories represent more than 13.5 million New Yorkers, has long been calling for Gov. Andrew Cuomo to maintain the moratorium on fracking. An informed decision cannot be made until analyses have evaluated the health, economic and cumulative environmental impacts on local communities.

The facts and science are not in. New concerns arise weekly.  Read more here.

TAKE ACTION: Call Governor Cuomo at  518-474-8390 and let him know your opinion about hydrofracking in NY State.

3rd NY Town Wins in Court over Fracking Ban

By The Associated Press on March 19, 2013

ALBANY, N.Y. (AP) — A third upstate New York town has won a court challenge to its ban on natural gas drilling as two previous cases are about to be argued before a state appeals court.

Gas drilling company Lenape Resources, based in western New York, had sued the Livingston County town of Avon and the state Department of Environmental Conservation over the town's moratorium on drilling, saying the action threatened to put it out of business after it had operated in the town for decades. Lenape's owner, John Holko, also sought $50 million in damages. He named the Department of Environmental Conservation because he said the agency had a duty to stop towns from enacting local bans.

On March 15, Acting Supreme Court Justice Robert Wiggins in Livingston County ruled against Lenape on all counts. He cited Court of Appeals precedents as well as decisions in favor of local bans in the Upstate towns of Dryden and Middlefield.

Read more at The Post-Standard's Syracuse.com

Note: The basis for NY Supreme Court rulings upholding the gas-drilling bans in the Towns of Dryden and Middlefield was covered in my earlier post here (February 27, 2012) .

Sierra Club Blasts 'Sustainable Shale' Center's Partnership Between Industry And Environmental Groups

AP  |  By KEVIN BEGOS Posted: 03/21/2013

PITTSBURGH (AP) — The Sierra Club and some other environmental groups are harshly criticizing a new partnership that aims to create tough new standards for fracking.

The criticism Thursday came a day after two of the nation's biggest oil and gas companies made peace with some national and regional environmental groups, agreeing to go through an independent review of their shale oil and gas drilling operations in the Northeast.

If Shell Oil, Chevron Appalachia and other companies are found to be abiding by a list of stringent measures to protect the air and water from pollution, they will receive the blessing of the new Pittsburgh-based Center for Sustainable Shale Development, created by environmentalists and the energy industry.

But some are questioning whether a partnership between environmentalists and the oil and gas industry should exist at all.

Read more at the Huffington Post

NOTE 1: "Sustainable shale" is an oxymoron, like "clean coal."  How about "sustainable wind" or "sustainable sunlight"... that works!
NOTE 2: Even Pro-frackers don't like this industry-enviro "partnership." See MarcellusDrilling.com

Collapse of Salt Mine serves as Cautionary Tale on Fracking

By Margaret Wooster
Special to The Buffalo News - 03/17/2013

This cautionary tale is relevant to one of the most important decisions confronting New York State in our time: whether to permit the construction of tens of thousands of new high-volume hydrofracking gas wells across the southern half of our state.

Read more at BuffaloNews.com

EPA Announces Expert Panel to Review Fracking Study

WASHINGTON | Mon Mar 25, 2013

(Reuters) - The U.S. environmental regulator has selected experts in fields ranging from well-drilling to toxicology to review a highly anticipated report on the natural gas and oil extraction method commonly known as fracking.

The Environmental Protection Agency's science advisory board on Monday named 31 experts from universities, scientific labs and companies to review the agency's landmark hydraulic fracturing study that is expected to be delivered in 2014.

The study, first requested by Congress in 2010, may prove pivotal in the government's regulation of fracking that has unlocked generations' worth of oil and gas supplies.

Read more here.

Click here to view a list of Members of the Hydraulic Fracturing Research Advisory Panel

To view the Executive Summary of the Progress Report on the EPA hydraulic fracturing study (December 2012), click here.

HydroFracking News Briefs

Excerpts from articles in the news and blogs

NY State Won't Fund Hydrofracking Health Impact Study
By David Kowalski
April 4, 2012 

The $132,600,000,000 budget passed by New York State last week did not include funds for a $100,000 study intended to protect the health of NY residents from the fallout of high-volume hydraulic fracturing (hydrofracking) already seen in other states. 

Many lawmakers, as well as the governor and the Department of Environmental Conservation (DEC), seem bent on moving forward on unconventional shale-gas drilling. Sadly, they ignored sound advice from 250 physicians and healthcare/scientific experts who recognize the lack of a Health Impact Assessment as a major flaw in the DEC’s draft hydrofracking regulations. 

Senator Mark Grisanti said "It's very difficult to do a health study on high-volume hydraulic fracturing in NY state when it's not occurring here."

Read the full article here and see a video by Dr. Sandra Steingraber entitled "Will NY Regs on Fracking Protect Our Health?"
 
Another Voice / Hydraulic fracturing
New Yorkers have a right to know the health impacts
By Lois Marie Gibbs and Larysa Melnyk Dyrszka
April 10, 2012
 
New York State may be on the verge of allowing fracking on a large scale across the state. Yet, despite all of the information indicating that there will be negative impacts on our communities and public health from fracking, our elected officials have not yet studied the potential health impacts to identify the risks involved.

Gov. Andrew M. Cuomo has stated repeatedly that science will drive New York’s decision on whether to proceed with this extreme form of fossil fuel extraction. But on the issue of health, the science hasn’t been done. The New York State Assembly has called for an independent health impact assessment on fracking by including an appropriation in its budget proposal. The State Senate and the governor should follow suit and ensure that this critical study is funded in the final budget.

As chairman of the Senate’s Environmental Conservation Committee and member of the Budget Conference Committee, Buffalo’s own Mark Grisanti has a critical role to play. He can and should fight for this appropriation in the Senate and the governor’s office.

Read the full article at BuffaloNews.com

Grisanti proposes fracking safeguards
Bill would prohibit treatment of water at public facilities
By Charlie Specht
April 7, 2012

State Sen. Mark J. Grisanti on Friday announced legislation that would prohibit treatment of water from hydraulic fracturing at public facilities statewide, create a tracking program for the waste and enact other environmental safeguards.

But Grisanti, chairman of the Senate Committee on Environmental Conservation, said he would not support or oppose the controversial gas drilling process until the state completes its final environmental impact study.

“It’s preliminary,” he said. “It’s too early to tell.”

As Grisanti was confronted by environmental activists demanding a complete ban on fracking, his chief political opponent called for more education on the issue before any action is taken.

“We need to see the full scope of their final draft of regulations before we rush to start the drilling,” former Erie County Legislature Chairman Charles M. Swanick said as he urged consideration of alternative energy methods.

Read the full report at BuffaloNews.com and see a video of Sen. Grisanti's presentation and the reactions of fracking opponents including Rita Yelda of Food & Water Watch.

Links to Press Releases

Senator Grisanti announces legislative package aimed at protecting our environment with regards to hydrofracking
By Mark Grisanti  - April 4, 2012 
Contains links to the proposed legislation.

Coalition Urges NY Sen. Grisanti to Support Statewide Fracking Ban 
By New Yorkers Against Fracking - April 5, 2012  

New Yorkers to Senator Grisanti: Ban Fracking
By Rita Yelda - April 6, 2012

NYS Assembly enacts Ban on Fracking

The New York State Assembly enacted a temporary ban on hydraulic fracturing which will remain in effect until May 15, 2011.

The bill, A11443B/S08129B, was approved by the Senate last summer and is now on its way to Governor Paterson, who is expected to sign it into law.

Please phone Governor Patterson's office today at 518-474-8390. Let his office know that you want the Governor to sign the moratorium bill.

The people have spoken through the Senate and the Assembly, but they also need to speak to the Governor's office to help ensure that the bill becomes a law.

See other Re-ENERGIZE BUFFALO posts on 'Fracking', Click Here.