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NYS Environmental legislation

By Mallie Jane Kim

[email protected]

Permanent protections for New York horseshoe crabs cleared a major hurdle during the last days of the 2024 state legislative session, passing both the state Senate and Assembly on June 7.

“It’s extremely exciting,” said Adrienne Esposito, executive director of Farmingdale-based Citizens Campaign for the Environment, which advocated for the bill. “The horseshoe crab has ambled around the earth for more than 350 million years — we think they have a right to continue to do so.”

The bill, which still needs the signature of Gov. Kathy Hochul (D) before becoming law, would prevent the taking of horseshoe crabs for commercial or biomedical purposes from state waters. The animals are used as bait for commercial whelk and eel fishing operations, and their blue blood is used to improve vaccine safety and aid in biomedical research, though a synthetic alternative is already in the works for that purpose.

The species has faced a steady decline in the last few decades, which in turn impacts birds like red knots, who feed on horseshoe crab eggs during their migration.

Not everyone is happy with the bill as it is currently written.

“The commercial fishing industry here on Long Island is going to be severely impacted by the passage of this bill,” said Rob Carpenter, director of the Long Island Farm Bureau, which advocates on behalf of commercial fishermen. “Their needs are not addressed in the bill.”

Carpenter, who indicated he hopes for the bill to be amended or vetoed, said horseshoe crab is the only usable bait for commercial fishermen catching whelk. 

“If they are not allowed to utilize it, that means the state has just shut down an entire industry of fishing for an entire species,” he said.

The state Senate passed the bill 53-7 and the Assembly sent it through 102-39. Five North Shore legislators voted against the measure, namely Assemblymembers Jake Blumencranz (R-Oyster Bay), Mike Fitzpatrick (R-Smithtown), Jodi Giglio (R-Riverhead) and Fred Thiele (D-Sag Harbor); and state Sen. Anthony Palumbo (R-New Suffolk).

Esposito, who previously said she hoped new protections would incentivize commercial fishing operations to find alternative baits, said she knows from her recent time lobbying for the bill in Albany that the farm bureau and biomedical industry representatives are lobbying against it.

Biomedical companies do not currently harvest from Long Island waters, according to Esposito, though she is concerned stricter rules in neighboring states like Connecticut and Massachusetts could bring New York’s horseshoe crabs to their attention. 

“The fact that they are lobbying against this bill is absurd,” she said. “We’re not inhibiting the medical industry — they have alternatives and they’re using alternatives. They’re just crying wolf.”

According to state governmental procedures, since the Legislature is now out of session, the governor will have 30 days to sign the bill once it is delivered to her, but there is no indication of when that delivery will happen. If the bill is not delivered to the governor before the end of the year, or if she does not act within 30 days of delivery, the bill is effectively vetoed. 

“Our job’s not done yet,” Esposito said. “Now we’re going to begin our campaign to request the governor sign it.”

Governor Andrew Cuomo signs the Climate Leadership and Community Protection Act on July 18. Photo from Gov. Cuomo’s office

By Stephanie Quarles

New York State took an important step in July toward reducing our state’s “contribution” to global warming when Gov. Andrew Cuomo (D) signed the Climate Leadership and Community Protection Act. 

This comprehensive bill is the result of many years of planning by grassroots organizations with the support of Todd Kaminsky (D-Long Beach), chair, NY Senate Committee on Environmental Conservation; Steve Englebright (D-Setauket), chair, NY Assembly Committee on Environmental Conservation; and Carl Heastie (D), speaker of the Assembly. 

It sets critical environmental standards for reducing greenhouse gas emissions and for increasing the use of renewables, setting the goal of reducing emissions at 85 percent by 2050 and mandating an interim target of a 40 percent reduction from 1990 emissions by 2030. 

New York State’s commitment to climate protection has thus been established … but we need more, and soon. If not, the Climate Leadership and Community Protection Act will be no more than a gesture of intent. 

When the legislators return in January 2020, they will turn to the task of actually implementing the act, which will be led by a 22-member Climate Action Council composed of the heads of various New York State agencies along with members appointed by the governor, the Senate and the Assembly. The council will focus on “sectors,” such as energy, transportation and housing. 

For example, in the energy sector, the members will look at renewable energy such as offshore wind and solar. One of the things being considered in the transportation sector is encouraging electric cars. In the housing sector they will look for substitutes for cement, heating with electricity and better insulation. The Climate Action Council MUST be appointed early in 2020!

Climate change especially heightens the vulnerability of disadvantaged communities, which bear environmental and socioeconomic burdens. A bill (A01564, Peoples-Stokes, S02385, Parker) to establish a permanent Environmental Justice Advisory Group within the Department of Environmental Conservation is not yet law. The 17-member Environmental Justice Advisory Group would require state agencies to adopt and abide by effective environmental justice policies. 

Its members would represent environmental organizations from community-based organizations that advise minority low-income communities,  business representatives,  local  government representatives and  members taken from state and national organizations, educators, researchers and the general public. It prioritizes the allocation of public investments in areas with minority and low-income residents, looking toward “fair treatment” such that “no ethnic or socioeconomic group, be disproportionately exposed to pollution or bear a disproportionate share of the negative environmental impact.” 

A Coordinating Council would be comprised of the heads of DEC, the Department of Transportation, the NY Power Authority and other agencies that engage in activities that impact the environment, or their designees.

Progress has been made:  The 1,4-dioxane ban and the polluter pays law are now law. But we are still waiting for the PFAS-free firefighting foam bill (A00445A, Steck, S00439A, Hoylman) to become law and for the Assembly and Senate to pass the nitrogen fertilizer bill (A04568, Englebright, S02130, Kaminsky). Keep up the pressure on your elected NYS representatives throughout their session (Jan.-June, 2020). 

None of the above laws and efforts can improve our environment and safety unless funding is established and approved. There will be the usual horse trading as the budget is negotiated in early 2020, but environmental funding is not a negotiable item. Educate yourself on the issues. Reach out to your NYS legislators and their staffs on a regular basis especially in January and February. They need to hear that their constituents are knowledgeable and persistent on climate justice issues. 

Make your voice heard on climate change legislation and action. Ask to prioritize the appointment to the Climate Action Council as well as the bill establishing the Justice Advisory Group by contacting your NYS Assembly member and senator, the majority leader of the Senate, Andrea Stewart-Cousins, the speaker of the Assembly Carl Heastie and the governor. 

Visit the LWVNY webpage at https://bit.ly/36kKGEM  to find your elected officials, and  get contact information at https://my.lwv.org/new-york/suffolk-county/2019-directory-public-officials. For more information about other NYS environmental legislation visit https://eany.org/our-work/bill-ratings.

Stephanie Quarles is a director of the League of Women Voters of Suffolk County, a nonprofit, nonpartisan organization that encourages the informed and active participation of citizens in government and influences public policy through education and advocacy. For more information, visit www.lwv-suffolkcounty.org or call 631-862-6860.