A Look at NY State Environmental Legislation for 2021-22

In Albany, New York’s legislative session wrapped up for the year on June 4. Lawmakers passed a number of important bills and funding initiatives, although Governor Kathy Hochul has yet to sign these bills into law.

Jeremy Cherson, Senior Manager of Government Affairs for the nonprofit advocacy group Riverkeeper, gives our colleagues at Metrofocus a rundown of bills that passed the legislature, including a moratorium on crypto mining, as well as an environmental justice bill that would make it harder for polluting facilities to move into minority and low-income neighborhoods.

TRANSCRIPT

>>> 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.