Sponsorship

A.7491 - KAVANAGH, LAFAYETTE, COLTON, COOK, JAFFEE, gottfried, john, mayersohn, thiele / S.1801 - Not available at this time.

Memorandum in Support

BILL NUMBER: A7491

TITLE OF BILL : An act to amend the environmental conservation law, in relation to eliminating certain discharges of chlorine compounds into state waters, and for other purposes

PURPOSE OR GENERAL IDEA OF BILL : To prohibit the discharge of chlorine into state waters and phase out the use of chlorine in the paper and pulp industry. The bill is known as the "chlorine zero discharge act of 2007."

SUMMARY OF SPECIFIC PROVISIONS : This bill would phase out the use of chlorine as a bleaching agent in the pulp and paper industry within four years. It would eliminate the discharge of chlorine and its compounds in waste water. Within eighteen months after the effective date of this act, the department would begin to provide technical assistance to mills regarding safe alternatives. Additionally, the department shall report to the governor and the legislature on sources and industrial discharges of organochlorine compounds and their recommendations for achieving a zero discharge policy for important categories of organochlorine pollution sources. In order to develop such recommendations, the commissioner shall convene an advisory panel consisting of experts in the fields of public health, occupational health, technology change, toxic use reduction and ecology as well as representatives from industry, labor, public interest and environmental groups.

JUSTIFICATION : Dioxin is one of more than 1,000 organochlorines-toxic chemical byproducts-produced as a result of the use of chlorine in the pulp and paper industry. Chlorine bleaching of paper is the second largest use of chlorine. Additionally, the EPA has identified the use of chlorine and chlorine-based bleaches in the pulp and paper industry as the largest source of dioxin discharge directly into waterways and one of the largest dioxin-producing sectors overall. The average pulp mill releases 35 tons of toxic organochlorines each day. Large quantities of dioxin are also released into the air, into paper products, and into the land when contaminated sludge is disposed.

Dioxin is the most toxic manmade chemical. This fat-soluble chemical persists and bioaccumulates in the environment. Minute quantities of dioxin and its sister compounds build up exponentially as they move up the food chain reaching their greatest levels in the tissues of species high on the food chain, including humans. The EPA recently concluded in its reassessment that dioxin is even more harmful to humans in even smaller concentrations than previously thought. Furthermore, the report claims that most adults and children already have levels of dioxin in their bodies at or near concentrations that cause prenatal and immune system problems in lab animals. Research conducted by scientists is now showing that organochlorines may act like estrogen in the human body, causing developmental and sexual disorders and breast, skin, prostate, testicular and lung cancers. These findings are even more troubling because they affect those most vulnerable - our children. Children who may become exposed to these dangerous chemicals through the placenta and breast milk at critical stages of development can be irreversibly affected.

The most favored method of preventing the continued contamination of the environment from these persistent toxic substances is to phase out their production and/or use over time and replace these chemicals or the processes that produce them with safer alternatives. The American Public Health Association in 1993 and the International Joint Commission on the Great Lakes Water Quality in 1992 and 1994 recommended phasing out chlorine and chlorine compounds in manufacturing processes to reduce or eliminate health risks. Furthermore, in 1992 and 1993, the 15 nation Paris Convention on the Northeast Atlantic and the 21-nation Barcelona Convention on the Mediterranean Sea agreed that the discharge of persistent, bioaccumulative toxic substances-particularly organochlorines and dioxin must be brought to zero on rapid timelines.

There are several alternatives to the use of chlorine as a bleaching agent which are far less polluting and which do not have the same adverse effects. Industries in Europe and some plants in the U.S. including Lyons Falls in New York are already using these technologies. These alternatives including oxygen and hydrogen peroxide pre-bleaching and oxygen based bleaching quality paper without generating dioxin and other toxic chemicals. The oxygen-based alternatives, in addition to being nontoxic, also require less energy and water. Thus, the technology exists today to allow for the phasing out of a significant source of dioxin.

PRIOR LEGISLATIVE HISTORY :

2006: A.1839 (Grannis) - En Con 2005: A.1839 (Grannis) - En Con 2004: A.1857 (Grannis) - En Con 2003: A.1857 (Grannis) - En Con 2002: A.249 (Grannis) - En Con 2001: A.249 (Grannis) - En Con 2000: A.4170 (Grannis) - En Con 1999: A.4170 (Grannis) - En Con 1997: A.323 (Feldman)- En Con 1998: A.323 (Feldman)- En Con

FISCAL IMPLICATIONS : None

EFFECTIVE DATE : Immediately.

Sponsorship

A.7495 - SWEENEY, JAFFEE, EDDINGTON, COLTON, FIELDS, boyland, destito, diaz r, hooper, lupardo, peoples, pheffer, weisenberg, wright / S.2764 - MARCELLINO, MORAHAN.

Memorandum in Support

BILL NUMBER: A7495

TITLE OF BILL : An act to amend the environmental conservation law, in relation to directing the commissioner of environmental conservation to prepare a report on the impact of on-site sewage treatment systems on the waters of the state and on the public health; and to amend the public health law, in relation to regulation of residential on-site wastewater treatment systems

PURPOSE : To have the Department of Environmental Conservation study the effect of on-site sewage treatment systems (septic systems) on the waters of the State and to provide for siting guidelines and inspections for residential septic systems.

SUMMARY OF PROVISIONS : Section one of the bill requires the Department of Environmental Conservation to undertake a study of the impacts of residential septic systems on the waters of the state, and then to make recommendations as a result of the information gathered by such study.

Section two of the bill adds a new article twelve to the public health law that provides siting criteria for new septic systems and for inspections of new and existing residential septic systems. In addition, the bill provides for low-interest loans to those who must repair, upgrade or replace an existing residential septic system.

Section three of the bill is the effective date.

JUSTIFICATION : Outdated and improperly maintained on-site sewage treatment systems can have a serious impact on the health of New Yorkers and the State`s surface and groundwater supply. Improperly treated waste contains pathogens that are harmful to humans, as well as excess nutrients that can lead to excessive bacterial, algae, and plant growth in water bodies.

Advances in technology have led to more effective sewage treatment systems, yet older systems are rarely replaced barring catastrophic failure and even the newest systems are not routinely checked or maintained. Requiring the Department of Environmental Conservation to examine the situation and develop a ranking of the significance of health and environmental problems is an important step toward addressing the current problem. Changing the Public Health Law to require design by a professional engineer and inspections within five years of installation and every ten years thereafter will guarantee appropriate functioning of the systems. Current law provides minimal conditions for siting and installation of on-site sewage treatment systems, and this bill will address those concerns by ensuring that individual units are designed and installed with professional support and sited in appropriate locations.

Enacting this legislation will further protect the health and well-being of New Yorkers in areas served by on-site sewage treatment systems and will protect the valuable water resources that belong to all New Yorkers.

LEGISLATIVE HISTORY :

2002: A.11554 - Referred to Environmental Conservation. 2003: A.4080B - Referred to Environmental Conservation. 2004: A.4080B - Referred to codes 2005: A.3575B - Referred to codes

FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE : Immediately, except that section two of this act shall take effect on the first of January next succeeding the date on which it shall have become a law and provided that rules and regulations shall be completed before such effective date.

Sponsorship

A.7133 - SWEENEY, FIELDS, BRODSKY, CLARK, BRADLEY, PEOPLES, JAFFEE, KOON, LAFAYETTE, PHEFFER, PAULIN, STIRPE, KAVANAGH, LATIMER, ENGLEBRIGHT, ROSENTHAL, EDDINGTON, MAISEL, COLTON, GALEF, SCHIMEL, YOUNG, PERALTA, TITONE, alessi, bing, diaz r, espaillat, glick, gottfried, jacobs, john, lifton, lopez v, magnarelli, markey, mceneny, miller, millman, schroeder, walker, weinstein, weisenberg / S.3835 - MARCELLINO, FLANAGAN, LAVALLE, MORAHAN, TRUNZO.

Memorandum in Support

BILL NUMBER: A7133

TITLE OF BILL : An act to amend the environmental conservation law, in relation to freshwater wetlands and repealing section 24-1305 of such law relating thereto

PURPOSE : To provide the Department of Environmental Conservation with regulatory authority over Freshwater wetlands of one acre or more in size and other wetlands of significant local importance.

SUMMARY OF PROVISIONS : Section one of the bill amends section 24-0105 of the ECL to revise and add to the list of benefits derived from wetlands.

Section two of the bill amends section 24-0107 of the ECL to amend the definition of "Freshwater Wetland" to include wetlands that are one acre or more in size or adjacent to a water body or of significant local importance. This section also amends subdivision two of section 24-0107 of the ECL to indicate that DEC`s "Freshwater Wetlands Map" shall not serve as the basis for regulation by the Department and shall be only educational in purpose.

Section three of the bill amends section 24-0301 of the ECL to specify the substantive and procedural requirements for the freshwater wetlands map.

Section four of the bill amends section 24-0701 of the ECL to specify the permitting requirements for Freshwater wetlands, including the requirement for a wetlands permit for the subdivision of land.

Section five of the bill amends section 24-0703 of the ECL to specify the requirements for DEC to respond to requests for determination of wetland status.

Section six of the bill amends section 24-0901 of the ECL to remove reference to the wetlands map in relation to consultations with local governments.

Section seven of the bill amends section 24-0903 of the ECL to remove reference to the wetlands map in relation to the DEC determination of compatible land uses.

Section eight of the bill repeals section 24-1305 of the ECL.

Section nine of the bill is the effective date.

JUSTIFICATION : Wetlands improve drinking water quality by providing a buffer zone to intercept polluted runoff before it contaminates our lakes, rivers and coastal waters. Wetlands act as natural water filters, absorbing pollutants, pesticides, nitrogen, phosphorus and other contaminants before they infiltrate our drinking water. Additionally, wetlands absorb flood waters and serve as buffers during storms, saving billions of dollars in property damage annually.

In a closely divided 5-4 decision, the United States Supreme Court recently ruled that the federal government no longer has jurisdiction over isolated wetlands. With the Supreme Court ruling in SWANCC, estimates from the EPA and Corps of Engineers show at least 20% and possibly 50% of existing wetlands, constituting millions of acres nationwide, will be left unprotected. In New York State, estimates are even higher. While a number of states (including all the northeastern States) already have the regulatory authority to step in and regulate the wetlands that Corps of Engineers formerly oversaw, New York`s DEC is currently limited to regulating mapped wetlands of a size greater than 12.4 acres. If we do not protect New York`s wetlands, we jeopardize our drinking water and property values. This legislation gives DEC the regulatory authority necessary to protect New York`s wetlands by eliminating the mapping and reducing the size limitations on DEC`s regulatory authority over wetlands.

LEGISLATIVE HISTORY : 2003: A.7905 - referred to En Con 2004: A.7905-A - Passed Assembly

FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE : Immediately.