2004 LEGISLATIVE PROGRAM
ENVIRONMENTAL CONSERVATION
Staff Contact: Ken Pokalsky
Following is The Business Council's 2004 Legislative Program. It identifies priority issues to be addressed by the Committees and Councils during 2004.
General
- Support legislation to amend (or repeal) the 2003 hazardous waste surcharges; at minimum, repeal fees for remedial wastes and hazardous wastes that are recycled.
- Support key amendments to the 2003 Superfund/Brownfield legislation,
including: provide state liability release for brownfield projects that
receive a "no remediation required" determination from DEC; clarify
the definition of "residual contamination," to assure that de minimis contamination
will not trigger additional cleanup/control requirements; adopt feasibility
standard for "exposed soil" cleanups under Track IV; allow for the adoption
of use-base standards based on both urban and rural background levels;
fix and broaden the Navigation Law liability defenses; clarify the ability
to identify temporary "upsets," and subsequent remedies, related to
engineering and/or institutional controls, and others.
- Oppose "chemical facility security" legislation that imposes prescriptive facility assessment or security upgrade requirements and/or applies to an excessively broad universe of facilities.
- 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-level 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 remediated.
- 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.
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The
Business Council of New York State, Inc.
152
Washington Avenue | Albany,
New York 12210-2289 | 518-465-7511