2005 ENVIRONMENT LEGISLATIVE PROGRAM

Staff Contact: Ken Pokalsky

General Issues

Support legislation to further roll-back the 2003 hazardous waste surcharges; specifically, repeal low-end surcharges that primarily impact small business; expand the exemption for all recycled wastes.
Support amendments to the state 2004 "chemical facility security" legislation to clarify the scope of the program, to define the state's regulatory authority, and to establish due process mechanisms for affected businesses.
Support statutory and regulatory changes to streamline the DEC's project review process, including: clarifying the standard for when a permit application is "complete;" heighten the standard for adjudication of issues through permit hearing process; mandatory comment and review timetables; time limits concluding the application and hearing process; and a 'fast-track' process for applications that improve environmental performance.
Oppose legislation that would impose state-specific limits or mandates on emissions of greenhouse gases from utility and industrial sources or motor vehicles.
Adopt tax credits to help offset the cost of back end technology; necessary to bring electric power generating units into compliance with new stat standards for Nox and SO2.

Enforcement

Support legislation and/or regulatory measures to encourage the use of environmental management systems, including incentives related to enforcement and penalties, compliance flexibility, regulatory oversight, and reporting requirements.
Support legislation that allows the waiver (or reduction) of civil penalties in instances where minor violations are quickly identified, reported and remedied.
Oppose legislation to allow taxing units to recover "damages" in instances where real property tax assessments have been lowered due to environmental violations.
Oppose adoption of state-level "citizen suit" legislation.

Hazardous Materials/Hazardous Wastes

Oppose new restrictions on the safe, lawful use of pesticides, such as mandatory phase-out of pesticide use, and state-level bans on federally-approved specific pesticide products.
Oppose legislation that would impose restrictions on the use of specific chemicals or compounds in the manufacturing process, or impose new product labeling and/or product "takeback" requirements based on production materials.
Oppose legislative or administrative reinstatement of solid waste "flow control" requirements at the local level; oppose legislation authorizing municipalities to "take title" to solid wastes that are left for collection for the sole purposes of mandating use of municipally owned or financed disposal facilities.

Small Business Assistance

Support legislation that provides a FOIL exemption for material submitted to the Environmental Facility Corporation's multimedia compliance assistance program.
Support legislation that makes small business environmental compliance efforts eligible for state financial assistance programs.