ISSUE HIGHLIGHTS

Legislative Commission on Water Resource Needs of NYS and Long Island

ISSUE

HIGHLIGHTS

Update on Hydraulic Fracturing ........... 2

Protecting the Carmans River ............... 2

Guarding Long Island’s Drinking

Water Quality ....................................... 3

Climate Change & Extreme

Weather Events .................................... 5

Protecting Critical Ocean Species ..........6

Protecting Environmentally

Sensitive Areas ......................................6

The Environmental Protection

Fund (EPF) ............................................ 7

Resource Needs of New York State and Long Island

Legislative Commission on

2013 • Bob Sweeney, Chairman

Dear Friend:

This newsletter summarizes the

initiatives and accomplishments of

the New York State Assembly Legisla-

tive Commission on Water Resource

Needs of NYS and Long Island. New

York is endowed with diverse and vi-

brant water resources, from Long Is-

land’s ocean shores to the fresh water

running through Adirondack forests. It

is the Commission’s challenge to help

ensure that these resources are safe,

clean and protected so future generations will be able to ﬁsh and

swim as well as have access to potable water.

As the 2014 legislative session approaches, the Water Commis-

sion will continue to focus on water-related issues including public

water infrastructure integrity, public drinking water protection, and

the impact of climate change, coastal issues, and groundwater pro-

tection. The Commission will also monitor the State’s regulatory

activities and proceedings in relation to hydraulic fracturing.

As always, I welcome your ideas and concerns. Please do not

hesitate to contact me.

Sincerely,

Assemblyman Robert Sweeney

Chairman, Legislative Commission on

Water Resource Needs of NYS and Long Island

Printed on Recycled Paper

Legislative Commission on Water Resource Needs of NYS and Long Island

Update on Hydraulic Fracturing

ew York’s lands and waters constitute a unique and

delicately balanced ecosystem. The protection and

preservation of these lands and waters promotes the

health, safety and welfare of the people of this State. The

State is the trustee, for the beneﬁt of its citizens, of all natural

resources within its jurisdiction.

The New York State Department of Environmental

Conservation (DEC) has been reviewing the issue of

authorizing the use of high-volume hydraulic fracturing for a

number of years now. Hydraulic fracturing, or hydrofracking,

is a process that is used to extract natural gas from deep below

the surface. The process utilizes a combination of chemicals

and water to fracture rock formations in order to release

trapped natural gas. Utilization of this technique generates

signiﬁcant wastewater likely to have a variety of unknown

toxic and radioactive contaminants. Hydraulic fracturing,

especially high-volume hydraulic fracturing, has raised

numerous concerns regarding the safety of the overall process

as well as potential long-term effects to both human health

and the environment. Hydrofracking has been the subject of

numerous legislative hearings, roundtable discussions, and

legislative proposals.

Moratorium on

Hydraulic Fracturing

This legislation would suspend, until May 15, 2015, the

issuance of permits for natural gas extraction in low perme-

ability natural gas reservoirs such as the Marcellus and Utica

shale formations. It would require a School of Public Health

within the State University of New York system to conduct a

comprehensive health impact assessment complete with op-

portunities for public comment and review in order to ensure a

comprehensive review of the public health and environmental

impacts of high-volume hydraulic fracturing before the pro-

cess is authorized in the State.

This bill would also help ensure that the Legislature has

adequate time to review DEC’s Supplemental Generic En-

vironmental Impact Statement (SGEIS) when ﬁnalized.

Such a moratorium would allow for a thorough, deliber-

ate and unrushed analysis of all of the issues involved.

[A.5424-A (Sweeney) Passed the Assembly]

Prohibits Road Application

of Wastewater from

Hydraulic Fracturing

This bill would prohibit waste or “ﬂowback” water from

natural gas drilling operations, which contains a variety of

chemical and possibly radioactive contaminants, from being

used on highways for purposes such as melting ice and dust

suppression. [A.3561 (O’Donnell) Assembly 3rd reading]

Natural Gas Production

Contamination Response

and Compensation Programs

This legislation would establish the Natural Gas Production

Contamination Response and Compensation Program and

the Natural Gas Damage Recovery Fund, to be administered

by the State Comptroller, to help ensure that any contamina-

tion resulting from natural gas drilling and/or production is

remediated quickly. This legislation is modeled after the New

York State Environmental Protection and Spill Compensa-

tion Fund (“Oil Spill Fund”) a proven, effective program.

[A.3634 (Sweeney) Assembly Calendar]

Protecting the Carmans River

he Pine Barrens Protection Act of 1993 has successfully

protected tens of thousands of acres in the Long Island

Pine Barrens. This year, legislation was enacted to

expand the Central Pine Barrens “core preservation” and

“compatible growth” areas of the Pine Barrens Protection

Act of 1993 in order to provide additional protection for

the Carmans River, one of the most pristine rivers on Long

Island. The Carmans River ﬂows ten miles south from Middle

Island in the Town of Brookhaven to the Great South Bay.

This legislation will help prevent contamination of the

river from run-off in the watershed by putting additional

protections on certain properties. Many of the parcels of

land to be included lie between already-protected parcels

so their inclusion will help ensure greater contiguity.

[A.7905 (Sweeney), Chapter 240 of the Laws of 2013]

Legislative Commission on Water Resource Needs of NYS and Long Island

Guarding Long Island’s

Drinking Water Quality

ong Island’s groundwater aquifers are the sole source

of drinking water for nearly three million residents of

Nassau and Suffolk County. Unfortunately, these aquifers

are highly vulnerable to pollution. Because of the value of this

resource to the public health and economic stability of the

region, protection of Long Island’s groundwater resources has

been the subject of substantial federal, state and local investment,

legislation and policy initiatives for nearly 40 years. Despite

these efforts, recent water quality data clearly demonstrates that

Long Island’s water resources are in a state of decline.

There is an integral interconnection between the conditions

on the ground surface and the quality of both surface water

and groundwater resources. On Long Island, pollution is rap-

idly becoming a critical issue. Protecting and restoring the

drinking water source for residents, business and agricultural

producers now and in the future is a fundamental mission of

the Commission.

Ensuring the Quality of

Groundwater on Long Island

The implications of increasing levels of pollution in Long

Island’s ground and surface water resources are signiﬁcant

and require a comprehensive management and restoration

strategy that cannot be accomplished by any one local agency

or municipality. Long Island’s water resources do not conform

to political boundaries. Current planning, zoning, and sanitary

code regulations are not adequately integrated to accomplish

regional surface and groundwater quality goals.

The Assembly passed legislation that would create a

Long Island water planning board to develop a comprehen-

sive water conservation and management plan critical to

the achievement of regional water quality goals, as well as

management solutions and integrated regulatory programs

that must be part of any viable conservation and restoration

strategy for Long Island’s water resources. The presence of

an integrated and enforceable plan would help Long Island

better manage the increasing level of water pollution. The

continued application of a piecemeal management approach

to water protection on Long Island will only exacerbate the

current trends as well as the negative economic and pub-

lic health effects that such trends will impose on the future.

[A.1047 (Sweeney) Passed the Assembly]

Addressing Pesticide

Contamination

Long Island’s population of approximately three million

people receives its drinking water from sole source aquifers.

Although Long Island’s soil quality helps ensure a plentiful

groundwater supply, this same quality helps contaminants

such as pesticides to leach from the surface into the ground-

water. For example, in 1979, Long Island became the site of

the ﬁrst detection of a pesticide in groundwater when the pes-

ticide Aldicarb was detected despite prior laboratory studies

showing it could not contaminate groundwater.

Recent water quality studies have detected increasing

pesticide contamination. For example, studies conducted

by the Suffolk County Department of Health Services,

the Suffolk County Water Authority and the United States

Geological Survey detected the pesticide Metalaxyl 1,292

times at 727 locations.

In a 1998 annual report issued pursuant to the State Pesticide

Reporting Law, the Department of Environmental Conservation

(DEC) recommended the development of a Long Island Pesti-

cides Management Plan. The plan was ﬁrst released in 2011,

as a draft plan and indicated “with the exception of situations

involving veriﬁable unlawful misuse of a pesticide (including

unlawful disposal), and in the absence of a critical pest manage-

ment need that cannot be met by alternative means, prohibit-

ing regional use of pesticides that pose a threat to Long Island

groundwater will be a ﬁrst option.” DEC has thus far opted not

to ﬁnalize the 2011 draft proposal and instead, on January 30,

2013, released a new Long Island Pesticide Pollution Preven-

tion Strategy for public comment.

The Assembly Standing Committee on Environmental Con-

servation held a hearing on April 2nd in Farmingdale to solicit

input on the plan released by the Department of Environmental

Conservation regarding pesticide use on Long Island.

Encouraging Proper

Disposal of Drugs

The Assembly passed legislation that would require DEC, in con-

sultation with the NYS State Police, to establish a one-year drug

disposal demonstration program in at least three publicly-available

State Police facilities located in urban, suburban and rural areas. The

DEC would also be required to maintain on its website a list of the

participating State Police facilities and any information regarding

drug disposal procedures for such facilities, as well as any speciﬁc

information concerning a drug’s disposal.

continued on page 4

Legislative Commission on Water Resource Needs of NYS and Long Island

The Committee recently held a hearing at

Farmingdale State to review DEC’s lack of prog-

ress in developing a meaningful Long Island

pesticide use plan. For more than a decade DEC

has been working on a pesticide plan specic

to Long Island. Earlier this year DEC produced

a document that failed to provide measurable

goals and objectives. The hearing was held to

solicit input on what improvements should be

made. After the hearing recommendations for

changes to the plan were submitted to DEC.

Pictured are Assemblyman Otis, Assemblyman

Sweeney and Assemblyman Lavine.

Expired, unwanted, or unused pharmaceutical drugs re-

quire proper disposal in order to prevent accidental inges-

tion and/or unintended environmental harm. An extensive

water analysis conducted by the United States Geological

Survey detected at least one contaminant in approximately

96 percent of water samples taken from 74 sources in 25

states and Puerto Rico. Although drug take-back days are

taking place in some communities, a more coordinated

effort is required to help prevent continued contamina-

tion. The drug disposal demonstration programs estab-

lished by this legislation would provide data that could be

used to determine the most effective methods of disposal.

[A.5465 (Sweeney) Passed the Assembly]

Statewide Private Well

Water Testing

This legislation would require drinking water from private

wells to be tested for contaminants such as bacteria (total

coliform), nitrates, nitrites, sodium, iron, manganese, pH,

and certain volatile organic compounds upon the transfer

of property. It is estimated that over one million New York

homeowners rely on private wells for their drinking water.

These residents may be drinking contaminated water with-

out knowing it, as there is no current statewide requirement

for the testing of private drinking water wells. Several coun-

ties require such testing and would be eligible to continue

to do so provided that their laws are as stringent as State

law. After a similar law was passed in New Jersey, it was

discovered that one in four private drinking water wells was

contaminated above state drinking water standards.

All citizens in the state should be provided with informa-

tion on the quality of their drinking water. Currently, pub-

lic drinking water supplies are routinely tested for these

contaminants and the information is available to all users.

This bill would ensure that water from private wells is sub-

ject to the same testing and quality standards. Further, it

would allow potential buyers to make informed decisions

and plan for any necessary treatment for potable water.

[A.1040 (Jaffee) Passed the Assembly]

Ensuring Adequate

Financial Resources

A 2008 assessment of the costs to repair, replace and up-

date New York’s wastewater infrastructure estimated the to-

tal funding needs to be $36.2 billion over a 20-year period.

A similar assessment for drinking water infrastructure found

a need of $38.7 billion over a 20-year period. In the past,

the issuance of environmental bonds has helped to provide

funding for capital projects; however, the last environmental

bond act was approved in 1996.

Legislation has been introduced (A.8121 Sweeney) that

would establish the $5 billion Clean Water/Clean Air/Green

Jobs Bond Act of 2014. This legislation would authorize the

voters to determine whether or not funding should be pro-

vided for projects that would:

• Protect,improveandenhancethe

qualityofdrinkingwaterandthe

enhancementofwaterbodies;

• Repair,replaceand/orupdate

municipalwastewater/drinking

waterinfrastructure;and

• Fundwaterquality-related

researchanddevelopment.

Guarding Long Island’s Drinking Water Quality continued

Legislative Commission on Water Resource Needs of NYS and Long Island

lobal warming will have detrimental effects on

economic well-being, public health, natural resources

and the environment. Once infrequent, extreme weather

events have become commonplace in the span of just a few

years. A recent report by the National Climate Assessment

and Development Advisory Committee indicates that “The

Northeast has experienced a greater increase in extreme

precipitation over the past few decades than any other region

in the United States. Since 1958, the Northeast has seen a 74

percent increase in the amount of precipitation falling in very

heavy events.”

The Intergovernmental Panel on Climate Change, awarded

the 2007 Nobel Peace Prize, predicted that temperatures will

rise more rapidly if greenhouse gases are not abated. The Pan-

el concluded that reducing emissions 80 percent below cur-

rent levels by mid-century would prevent the worst impacts

of global warming.

Future extreme weather events will likely be compounded

by sea-level rise. Sea-level rise in the Northeast is expected to

exceed the global average. As a result, the chance of what is

now a 1-in-10-year coastal ﬂood event in the Northeast could

triple by 2100, occurring roughly once every three years, sim-

ply in response to higher sea levels. This means that between

one-half million and 2.3 million people will be at risk from

ﬂooding. These statistics have been illustrated most recently

by the devastating impacts of extreme weather events like

Sandy, Lee and Irene. In addition to the tragic loss of life, and

devastating effects to property and environmental damage,

the economic cost of extreme weather events must be con-

sidered. The ﬁnancial toll of Superstorm Sandy on New York

is estimated to be at least $42 billion dollars. The Assembly

has taken several steps to address this important issue. Some

highlights of those actions are listed below.

Planning for Climate Change

and Extreme Weather Events

The Assembly passed legislation that would ensure that

the effects of climate change and extreme weather events

are considered and planned for when expending State funds

and issuing permits. For example, water and sewage treat-

ment plants within the State sustained extensive damage as

a result of Superstorm Sandy. As funding and permitting

decisions are made regarding such plants in the future, the

potential for damage from other extreme weather events

should be considered. State funding is a limited resource and

it is appropriate that attention be given to climate risk and

extreme weather events in order to ensure the long-term vi-

ability of funded projects. The same is true for Environmen-

tal Protection Fund programs such as the Local Waterfront

Revitalization Program, in which municipalities are provided

with funding to help develop long-term waterfront zoning.

[A.6558 (Sweeney) Passed the Assembly]

Reducing Emissions to

Prevent Climate Change

This bill would require all heating oil sold for use in any

building within the counties of Nassau, Rockland, Suffolk,

Westchester and the City of New York to contain at least

two percent biodiesel, on and after October 1, 2014. On July

1, 2015, all heating oil sold statewide would be required to

meet this standard. The inclusion of bioheating standards

would help result in less pollution, a more efﬁcient fuel,

reduced dependence on foreign energy sources, and the ex-

pansion of markets for New York businesses and farmers.

[A.7906 (Sweeney) Passed Both Houses]

Setting Limits on

Greenhouse Gas Emissions

This legislation would require the DEC, after a pub-

lic hearing, to promulgate rules and regulations estab-

lishing enforceable limits on greenhouse gas emissions

from major sources. Greenhouse gas emissions to be

regulated would include carbon dioxide, methane, ni-

trous oxide, hydroﬂuorocarbons, perﬂuorocarbons, sulfur

hexaﬂuoride, and any other gas determined by the depart-

ment to be a signiﬁcant contributor to global warming.

[A.6327 (Sweeney) Passed the Assembly]

Climate Change &

Extreme Weather Events

According to the National Oceanic and Atmospheric Administration, August marked the 342

consecutive month with above-average temperatures. This means that people 28 years old or younger

have never lived through a month that was colder than average.

Legislative Commission on Water Resource Needs of NYS and Long Island

Protecting Critical Ocean Species

Greater Protections for Sharks

This new law provides additional protections to help

eliminate illegal shark ﬁnning. Shark ﬁnning occurs when a

shark is caught, its ﬁns are cut off and the carcass is dumped

back into the ocean. Although shark ﬁnning is illegal, the

sale of shark ﬁns can help provide an outlet for the sale of

illegally-obtained ﬁns. This law will greatly restrict the sale

of shark ﬁns in order to discourage shark-ﬁnning activities.

Sharks occupy the top of the marine food chain and

are a critical part of the ocean ecosystem. Yet they are

particularly susceptible to decline due to over-ﬁshing

because they are slow to reach reproductive maturity

and birth small litters. Hence, they cannot rebuild their

populations quickly. Their decline modiﬁes the balance

of species in the marine ecosystem and negatively af-

fects other ﬁsheries, creating a serious threat to the bio-

diversity of oceans. Data from federal and international

agencies show a decline in shark populations worldwide.

[A.1769-B (Maisel), Chapter 171 of the Laws of 2013]

Protecting the

American Lobster

This legislation would ensure the timely adoption of

management measures required by the Atlantic States Ma-

rine Fisheries Commission (ASMFC) Amendment XVII

to protect the Southern New England lobster stock which

is experiencing persistent failures caused by both environ-

mental impacts, such as low oxygen in the water and warm-

ing waters, and ﬁshing mortality. In addition, this bill would

allow for the sale of oversize lobsters in New York State.

[A.8105 (Weisenberg) Chapter 305 of the Laws of 2013]

Protecting Environmentally

Sensitive Areas

Wetlands

This legislation would require developers in New York

City to provide 21 days written notice to neighboring prop-

erty owners located within 1,000 feet of proposed activity

in wetlands. Current law provides for notice to adjacent

lands and known claimants. This bill, however, would give

close neighbors impacted by applications for building per-

mits in areas designated as wetlands notice of the permit

and the opportunity to comment on the requested permit.

[A.517 (Cusick) Passed the Assembly]

Protecting Jamaica Bay

This bill would prohibit the use of certain materials for

the purposes of ﬁlling pits, commonly referred to as “bor-

row pits” in the Jamaica Bay. Due to the increase in ves-

sel size, New York State waterways such as channels and

harbors are being excavated or dredged to maintain suf-

ﬁcient depth for safe and efﬁcient vessel operations. This

legislation would prohibit the use of contaminated dredge

materials in the ﬁlling of the Jamaica Bay borrow pits.

[A.2074 (Goldfeder) Passed the Assembly]

Rockland Bergen Bi-State Watershed Flood

Prevention and Protection

This bill would formalize the existing relationship between

the states of New York and New Jersey as it relates to the issues

of ﬂooding hazards along the various waterways that cross the

interstate border region; more speciﬁcally, relating to tributar-

ies and watersheds of the Hackensack River, Mahwah River,

Ramapo River, Saddle River, and Sparkill Brook/Creek, within

the counties of Rockland, New York and Bergen, New Jersey.

[A.1297 (Zebrowski) Passed both Houses]

Legislative Commission on Water Resource Needs of NYS and Long Island

The Environmental Protection Fund (EPF)

This year’s budget (FY 2013-14) provided $153 million dollars to the EPF, a net increase of $19 million from prior ﬁscal

years. The EPF is used to fund environmentally necessary programs and projects across the State, from pollution prevention

to water quality infrastructure. A few key funding categories of interest include:

$1 million Pesticide Management

$3.2 million Pollution Prevention Institute

$14.2 million Agricultural Non-point Source Pollution Control

$4.5 million Municipal Non-point Source Pollution Control

$6.945 million Water Quality Improvement

$1 million Agricultural Waste Management

This year’s budget for the ﬁrst time speciﬁcally requires at least one million dollars of EPF funds to be allocated for open

space preservation downstate, including on Long Island.

Assemblyman Sweeney and

Ed Griesmer of the Loon

Lake Association discuss

the problems of dealing

with invasive species.

Boats, trailers, waders and

other shing and boating

equipment can spread

invasive species from one

body of water to another

unless properly cleaned,

dried or disinfected after use.

To further our efforts to reduce waste, please inform us

if you have a change in address by calling us at

518-455-5787, faxing us at 518-455-3976,

or writing us at the above address.

Legislative Commission on

Resource Needs of New York State and Long Island

Contact Information

If you would like further information or to share your ideas or concerns, please call the Chair’s ofﬁce at 518-455-

5787, or send facsimiles to 518-455-3976. Letters may be sent to Assemblyman Robert Sweeney, Chairman of

Legislative Commission on Water Resource Needs of New York State and Long Island, Room 625, Legislative

Ofﬁce Building, Albany, New York 12248 or by e-mail to sweeney@assembly.state.ny.us. Also, to further the NYS

Assembly’s efforts to reduce waste, please inform us if you have a change of address or wish to be removed from the

mailing list.

To update or remove your name from the mailing list, email committeemailinglist@assembly.state.ny.us. Please

include “Commission on Water Resource Needs” in the subject line and provide your name and address as it appears

on the mailing label and any changes you would like made.

Legislative Commission on Water Resource Needs of NYS and Long Island