>>> GOOD EVENING, AND WELCOME TO
"METROFOCUS."
I'M JENNA FLANAGAN.
ARE NEW YORK STATE LAWMAKERS
DOING ENOUGH TO PROTECT THE
ENVIRONMENT?
THAT'S A QUESTION ENVIRONMENTAL
ADVOCATES HAVE BEEN ASKING SINCE
THE 2022 LEGISLATIVE SESSION
ENDED IN EARLY JUNE.
THE LEGISLATURE PASSED A NUMBER
OF ENVIRONMENTAL BILLS, MANY OF
WHICH NOW SIT ON GOVERNOR
HOCHUL'S DESK.
AMONG THOSE BILLS PASSED FOR
INCREASED PROTECTIONS FOR HUDSON
RIVER WATERWAYS, A BILL THAT
WOULD REGULATE THE SITTING OF
POLLUTING FACILITIES IN
DISADVANTAGED NEIGHBORHOODS AS
WELL AS A TWO-YEAR MORATORIUM ON
CRYPTOCURRENCY MINING.
JOINING ME TO TALK ABOUT THESE
BILLS AS PART OF OUR INITIATIVE
REPORTING ON THE HUMAN IMPACT OF
THE CLIMATE CHANGE AND ITS
SOLUTIONS IS JEREMY KHERSON FOR
THE ADVOCACY GROUP RIVER KEEPER.
IT'S GREAT TO HAVE YOU ON
"METROFOCUS."
>> THANK YOU SO MUCH.
IT'S A PLEASURE TO BE HERE.
>> SO, AS I MENTIONED THERE WERE
A NUMBER OF BILLS THAT WERE
PASSED THROUGH THE LEGISLATURE.
SO, OF THE ONES SORT OF THAT I
MENTIONED -- TRIBUTARIES TO THE
HUDSON RIVER, THE SITTING
POLLUTING FACILITIES, WHAT ARE
THE TOP PRIORITIES THAT RIVER
KEEPER HAD BEEN PUSHING FOR?
>> THANK YOU.
RIVER KEEPER HAS BEEN PUSHING
FOR THE PROTECTION OF WHAT'S
KNOWN AS CLASS "C" STREAMS, AT
LEAST SINCE 2018.
THE BILL PREVIOUSLY PASSED IN
THE 2020 SPECIAL SESSION THAT
HAPPENED IN THE SUMMER BUT WAS
ULTIMATELY VETOED BY GOVERNOR
CUOMO, THIS IS A BILL THAT WOULD
ADD AROUND 40,000 MILES OF
STREAMS AND TRIBUTARIES THAT
SUPPLY MILLIONS OF NEW YORKERS
WITH DRINKING WATER TO THE LIST
OF WHAT'S KNOWN AT PROTECTED
WATERS IN THE STATE.
SO THAT'S NUMBER ONE.
ANOTHER PRIORITY IS OF COURSE
MAKING SURE THAT CRYPTOCURRENCY
MINING DOESN'T RESTART
MOTHBALLED POWER PLANTS.
AS YOU KNOW, NEW YORK HAS A
LANDMARK CLIMATE BILL THAT CALL
FOR REDUCTIONS IN GREENHOUSE
GASES AND PART OF THAT REQUIRE
WES PHASE OUT FOSSIL FUEL PLANTS
AND WHAT CRYPTOCURRENCY MINING
HAS DONE IN THE STATE IS IT HAS
THREATENED TO RE-OPEN POWER
PLANTS ACROSS THE STATE THAT ARE
CURRENTLY DEBUNKED IN ORDER TO
MINE CRYPTOCURRENCY.
WE FEEL THAT THERE IS A MUCH
BETTER WAY TO GO ABOUT THIS, AND
I HOPE THAT GOVERNOR HOCHUL WILL
SIGN THE BILL TO DID A TWO-YEAR
MORATORIUM SO WE CAN STUDY THE
IMPACT.
>> SPEAK OF THE CRYPTOCURRENCY
MINING WHICH I'M SURE CAUGHT A
LOT OF PEOPLE'S EARS, BECAUSE I
DON'T THINK PEOPLE WOULD CONNECT
SOMETHING LIKE CRYPTOCURRENCY,
WHICH YOU KNOW EXISTS IN THE
DIGITAL WORLD AS SOMETHING IN
THE TANGIBLE WORLD AS A COAL
FACTORY OR COAL BURNING ENERGY
CERTAINTY.
CAN YOU UNPACK THAT AND EXPLAIN
EXACTLY WHAT WE'RE TALKING ABOUT
WITH DIGITAL CURRENCY HAVING AN
IMPACT ON OUR PHYSICAL
ENVIRONMENT HERE IN NEW YORK
STATE?
>> YES, THAT'S RIGHT.
AND I THINK IT'S IMPORTANT THE
MAKE THE POINT THAT
ENVIRONMENTALISTS ARE NOT
AGAINST CRYPTOCURRENCY, PER SE.
ANYBODY TRADING, USING, OR
WORKING IN THE CRYPTOCURRENCY
INDUSTRY, WHAT WE ARE FOCUSED ON
STOPPING IS WHAT'S KNOWN AS
PROOF OF WORK MINING.
AND THIS IS KIND OF A BEHIND THE
SCENES VERIFICATION IN THE
CRYPTOCURRENCY WORLD THAT
VERIFIES THIS DIGITAL CURRENCY,
AND PEOPLE CAN MAKE MONEY OFF OF
DOING THIS PROOF OF WORK
VERIFICATION, BUT IT REQUIRES A
LOT OF ENERGY.
IT IS AN ENERGY-INTENSIVE
PRACTICE, AND SO THIS HAS OPENED
UP AN OPPORTUNITY FOR INVESTORS
TO DEFUNCT POWER PLANTS, WHETHER
IT'S GAS OR COAL, PURCHASE THEM,
TURN THEM BACK ON FOR THE
SPECIFIC PURPOSE OF RUNNING THIS
SOFTWARE THAT DOES THIS PROOF OF
WORK BUT BURNS TREMENDOUS
AMOUNTS OF GREENHOUSE GASES,
RELEASES TOXIC CHEMICALS INTO
THE ATMOSPHERE, SUCKS IN WATER
IN ORDER TO COOL THE TURBINES,
WHICH LEADS TO THERMAL POLLUTION
IN LAKES AND RIVERS.
IT'S A TREMENDOUS IMPACT
PARTICULARLY ON SOME UPSTATE
COMMUNITIES AROUND SENECA LAKE
WHICH HAS A GROWING TOURISM AND
AGRICULTURAL INDUSTRY THAT IS
VERY CONCERNED ABOUT THIS.
>> OF COURSE, OF COURSE.
AND ALSO SECONDLY, ESPECIALLY
FOR PEOPLE IN OUR VIEWING AREA,
THAT WOULD BE THE METROPOLITAN
AREA UP INTO THE HUDSON VALLEY.
THE ISSUE OF HUDSON RIVER
TRIBUTARIES I THINK WOULD HIT
CLOSE TO HOME FOR A LOT OF
PEOPLE.
CAN YOU EXPLAIN AGAIN WHAT
EXACTLY PROTECTING THOSE
WATERWAYS MEANS AS OPPOSED TO
WHAT HASN'T BEEN DONE?
>> RIGHT.
SO, THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION IS
THE STEWARD OF OUR WATERWAYS AND
ENVIRONMENT IN THE STATE, AND
THEY HAVE A REGULATORY PROGRAM
THAT'S KNOWN AS THE PROTECTION
OF WATERS PROGRAM.
AND THEY CLASSIFY STREAMS FROM
BEST USAGE -- WHAT THEY CALL AA
STREAMS, WHICH ARE YOUR DRINKING
WATER STREAMS THAT FLOW DIRECTLY
INTO RESERVOIRS THAT PROVIDE
COMMUNITIES DRINKING WATER, SUCH
AS PEAK SKILL IN NEW YORK AND
WEST CHESTER COUNTY, FOR
EXAMPLE, AND ALL THE WAY DOWN TO
CLASS "D" STREAMS, WHICH OFTEN
TIMES IS AN AGRICULTURAL DITCH
OR A WATERWAY THAT JUST ISN'T
USED MUCH FOR ANYTHING, IF I
RECOLLECT FISHING OR OTHERWISE.
WHAT THIS BILL TOUCHES ON IS
CLASS "C" STREAMS.
STREAM WHERE IS THEIR BEST
USAGE, ACCORDING TO THE
DEPARTMENT OF ENVIRONMENTAL
CONSERVATION IS FISHING AND
NONCONTACT RECREATION.
THEY SAY NOT GOOD FOR SWIMMING
OR KAYAKING, ANY TIME YOU HAVE
DIRECT CONTACT WITH THE WATER.
WHAT WE KNOW IS MANY OF THESE
CLASS "C" STREAMS HAVEN'T BEEN
UPDATED OR LOOKED AT IN MANY
YEARS, PERHAPS DECADES.
COME BACK TO THE CITY OF
PEAKSKILL, WE KNOW MANY OF THE
STREAMS THAT FLOW INTO
PEAKSKILL'S DRINKING RESERVOIR
ARE LABELED CLASS "C" STREAMS BY
THE DEPARTMENT, WHERE THEY
SHOULD BE CLASS "A" OR AA
STREAMS BECAUSE THEY ARE
IMPORTANT DRINKING WATER
SOURCES.
WHAT THIS PROGRAM WOULD REQUIRE
IS ANYONE WHO WANTS TO DISTURB
THE EDGE OF A STREAM, GET RID OF
TREES OR VEGETATION ALONG THE
BANK OR DIG UP THE BED OF THE
STREAM, SUCH AS A GOLF COURSE,
FOR EXAMPLE, WOULD BE AN EXAMPLE
OF AN INDUSTRY THAT MIGHT DO THE
TYPES OF ACTIVITIES WHERE THEY
WOULD BE REQUIRED TO GET A
PERMIT FROM THE DEC, AND THAT
JUST MEANS THAT THEY HAVE TO
SAY, WELL, THIS IS WHAT WE'RE
GOING TO DO TO THE STREAM, AND
THEN D.E.C.'S EXPERTS AND WATER
QUALITY WILL TAKE A LOOK AT THE
PLAN THAT A DEVELOPER HAS IN
MIND AND OFFER ANY CHANGES THAT
WOULD HAVE TO BE GIVEN IN ORDER
FOR THEM TO APPROVE THE PERMIT.
OR IF IT IS AN EGREGIOUS
VIOLATION OF THE STREAM LEADING
TO DEGRADING WATER QUALITY, THEY
WOULD DENY THE PERMIT.
SO IT DOESN'T STOP ANYONE FROM
NECESSARILY DEVELOPING THEIR
PROPERTY.
IT JUST MAKES SURE THAT WATER
QUALITY EXPERTS IN THE STATE CAN
HAVE A FIRST LOOK TO MAKE SURE
THAT ANY ACTIVITY ISN'T
IMPACTING DOWNSTREAM USERS LIKE
RESIDENTS IN PEAKSKILL.
>> OF COURSE.
AND THEN OF COURSE AN ISSUE THAT
I THINK HAS GOTTEN A LOT MORE
ATTENTION IS THE SITTING OF
POLLUTING FACTORIES, ET CETERA,
IN DISADVANTAGED NEIGHBORHOODS.
HOW DOES THE LEGISLATION ADDRESS
THIS?
>> YES.
THERE'S LEGISLATION THAT WOULD
UPDATE THE STATE'S ENVIRONMENTAL
REVIEW LAW.
THIS IS A LAW THAT WAS PASSED IN
THE '70s AND IS THE MAIN WAY NEW
YORK CITY GOVERNMENT LOOKS AT
HOW ANY ACTIVITY WILL IMPACT THE
ENVIRONMENT AND PUBLIC HEALTH AT
LARGE, AND ALLOWS FOR PUBLIC
COMMENT, FOR PEOPLE TO WEIGH IN
ON DEVELOPMENT, POLLUTING
FACILITIES, POWER PLANTS,
INCINERATORS, TRUCK DEPOTS,
WHICH ARE PARTICULARLY PREVALENT
IN NEW YORK CITY AND THE BRONX
IN PARTICULAR CONCERN THERE.
AND WHAT THIS DOES IS THIS BILL,
FOR THE FIRST TIME, WOULD LOOK
AT, WHAT IS THE CUMULATIVE
IMPACT OF SIGHTING AN ADDITIONAL
FACILITY IN A COMMUNITY?
SO, FOR -- FOR COMMUNITIES LIKE
THOSE WHO DEAL WITH THE FRESH
DIRECT FACILITY IN THE BRONX,
WHAT WOULD AN ADDITIONAL
FACILITY BEING SITED THERE IN
ADDITION TO ALL THE TRUCKS THAT
SPEW POLLUTION, HOW WOULD THAT
IMPACT THE COMMUNITY?
A LOT OF TIMES THESE REVIEWS
ONLY LOOK AT THE SPECIFIC
EXAMPLE THAT IS BEING PROPOSED
INSTEAD OF LOOKING AT, WHAT IS
THE CUMULATIVE BURDEN THIS
COMMUNITY IS FACING FROM ALL THE
POLLUTION IN THEIR NEIGHBORHOOD?
AND THIS IS AN IMPORTANT GAP
THAT THIS BILL WOULD FILL, AND
GOVERNOR HOCHUL HAS SPOKEN ABOUT
HOW ENVIRONMENTAL JUSTICE IS A
TOP PRIORITY FOR HER
ADMINISTRATION, AND THIS
LEGISLATION SITTING ON HER DESK
IS THE NUMBER ONE OPPORTUNITY
FOR HER TO MAKE PROGRESS IN THE
STATE ON ENVIRONMENTAL JUSTICE
AND MAKING SURE COMMUNITIES GET
A FAIR SHAKE.
>> SO, THEN, IF GOVERNOR HOCHUL
HAS STATED, AS YOU SAID, THAT
THE ENVIRONMENTAL PROTECTION IS
A TOP PRIORITY FOR HER, BUT, YOU
KNOW, NOT FORGETTING THAT THIS
IS AN ELECTION YEAR FOR HER AS
WELL, HOW DO YOU SEE A LOT OF
THESE BILLS -- ALL OF THEM
GETTING SIGNED?
DO YOU SEE POLITICS PLAYING A
FACTOR INTO THIS IN TERMS OF
WHEN THEY GET SIGNED?
WHAT DO YOU SEE COMING NEXT?
>> WELL, I THINK WHAT WE HAVE
SEEN IN THE PAST IS THAT A LOT
OF TIMES ENVIRONMENTAL BILLS GET
PUSHED TO THE VERY END OF THE
YEAR.
I'M HOPING THAT THAT IS NOT THE
CASE THIS TIME AROUND.
I'M HOPING THAT THE ELECTION
SEASON WILL PRESENT AN
OPPORTUNITY FOR GOVERNOR HOCHUL
TO SIGNAL TO VOTERS THAT THE
ENVIRONMENT AND CLIMATE CHANGE
AND PUBLIC HEALTH ARE A
NUMBER-ONE CONCERN.
AND MANY OF THE BILLS SITTING ON
HER DESK, PARTICULARLY THE
STREAM PROTECTION LEGISLATION,
THE CRYPTO MINING MORATORIUM
BILL, AND THIS CUMULATIVE
IMPACTS REVIEW BILL SITTING ON
HER DESK WOULD PRESENT AN
OPPORTUNITY TO SHOW VOTERS THAT
THE ENVIRONMENT IS A TOP
PRIORITY FOR HER.
AND IF VOTERS SEND HER BACK TO
ALBANY IN NOVEMBER, THEY CAN
HAVE FAITH THAT SHE'LL CONTINUE
THAT GOING FORWARD FOR A FULL
TERM.
>> ALL RIGHT, WELL, WE'RE GOING
TO HAVE TO LEAVE IT THERE, BUT I
WANT TO THANK JEREMY, THANK YOU
FOR JOINING US.
JEREMY CHERSON WAS MY GUEST
TONIGHT, AND HE IS THE SENIOR
MANAGER OF GOVERNOR AFFAIRS FOR
THE ADVOCACY GROUP RIVER KEEPER.
JEREMY, THANK YOU SO MUCH FOR
JOINING AND US AND INFORMING US
ON THE POTENTIAL CHANGES TO
ENVIRONMENTAL LAW IN NEW YORK
STATE.
>> THANK YOU SO MUCH FOR HAVING
ME.
>> ABSOLUTELY.