SCIENCE IS HARD Science can be hard; that’s why we seek advice from doctors. And in the state Senate, acting on it is harder still. But when 97% of climate scientists agree and loudly proclaim that climate change is real and that the pollution generated from the burning of fossil fuels is, without a doubt, its cause, well, it’s time to act. Yet, the current leadership of the state Senate is having none of that. Instead of voting on the New York State Climate and Community Protection Act (Bill #3) supported by a bipartisan majority of senators, leaders disparage settled science, questioning if climate change is real and whether humans play a role. This session, Senate Majority Leader John Flanagan, Deputy Leader John DeFrancisco (2015 Oil Slick recipient), and Finance Committee Chair Cathy Young sided once again with the lobbyists representing big oil and other polluters rather than joining 32 of their colleagues from both sides of the aisle who are ready to act to protect our communities, environment, and economy. Their inaction more closely mirrors what we expect from the current Congressional leaders than a legislative body in the state of New York. EPL/Environmental Advocates commissioned artist John de Rosier to create this cover, summing up the reality that despite Senate leaders claims that they are focused on the people’s business, at the end of the day, all the public got was more hot air. 2 EPL/Environmental Advocates is one of the first TABLE OF organizations in the nation formed to advocate for the future of a state’s environment and the health of its citizens. CONTENTS Through lobbying, advocacy, coalition building, citizen education, and policy development, EPL/Environmental Advocates has been New York’s environmental conscience 4 A quick look at the scores more than for 45 years. We work to ensure environmental & Scorecard at a glance laws are enforced, tough new measures are enacted, and the public is informed of — and participates in — 5 2016 session overview important policy debates. EPL/Environmental Advocates is a nonprofit corporation tax exempt under section 501(c)(4) Legislator of the year 8 of the Internal Revenue Code. 9 Oil slick award EPL/Environmental Advocates 353 Hamilton Street Senate scores 10 Albany, NY 12210 Status of 14 Assembly scores (518) 462-5526 Governor’s www.eplscorecard.org action 24 Bill summaries 27 How to support our work Bill description S.884 l How to Read the Scorecard: S.4926C S.3034 S.7103C l l Correct l Environmental Vote Party & District 2016 Score 2015 Score Child Safe Products Act lClosing S.5995 the Hazardous WasteHoosick’s Loophole Health l S.6824AGet the Lead Out Get the Lead Out II l S.8158Paint StewardShip Solar Panel Takeback ProgramEnergy l Star S.7789 Grants 1 2 5 6 7 10 11 12 Governor Andrew M. Cuomo (D) ? Joseph Addabbo, Jr. (D-15/Howard Beach) 81 75 l l 4 4 4 4 4 4 Frederick J. Akshar, II (R-52/Binghamton) 57 N/A — — 4 4 4 4 4 4 George A. Amedore, Jr. (R-46/Kingston) 57 44 — — 4 4 4 4 4 4 Tony Avella (D-11/Bayside) 84 72 — l 4 4 4 4 4 4 John J. Bonacic (R-42/Middletown) 57 44 — — 4 4 4 4 4 4 Philip M. Boyle (R-4/Bayshore) 69 53 — l 4 4 4 4 4 4 Neil D. Breslin (D-44/Albany) 92 81 l l 4 4 4 4 4 4 David Carlucci (D-38/Nanuet) 92 72 l l 4 4 4 4 4 4 Leroy G. Comrie, Jr. (D-14/Queens) 92 81 l l 4 4 4 4 4 4 Thomas D. Croci (R-3/Hauppauge) 52 44 — — 4 4 4 4 4 4 John A. DeFrancisco (R-58/Syracuse) 49 38 — — 4 4 4 4 4 8 Ruben Diaz, Sr. (D-32/Bronx) INC INC l — N N N N N N Super Bill sponsor Not in office/ Incorrect excused absence Not a Super Environmental not scored Bill sponsor Vote 3 A quick look at leaders’ scores The Scorecard at a glance 95 29 Assembly Environmental Conservation The number of Assembly members Chair Steve Englebright (D) who earned the highest scores 95 15 Assembly Energy Chair The number of senators who Amy Paulin (D) earned the highest scores 92 7 Senate Minority Leader The number of bills passed Andrea Stewart-Cousins (D) by both houses 90 32 Assembly Speaker The number of Senate votes Carl Heastie (D) needed to pass a bill 77 32 Senate Majority Coalition Leader Number of Senate cosponsors Jeff Klein (D) of New York State Climate 65 and Community Protection Act Senate Environmental Conservation Chair 0 Thomas O’Mara (R) Number of Assembly Republicans 57 who support climate action Senate Energy Chair Joseph Griffo (R) 57 Senate Majority Leader John Flanagan (R) INC Assembly Minority Leader Brian Kolb (R) 4 2016: THE BIG PICTURE There is no way to overstate how important this election 2. Would committee chairs shake off an anemic 2015 year is. Unlike elections past, climate action – and whether and come together on the big issues like ridding toys the major party candidates even believe climate change is of toxic chemicals and climate action? real – is significantly influencing who voters support. 3. Would the Senate finally move away from the Skelos In New York, all 213 legislators are up for election, playbook and let the public interests – not polluters and most eyes are trained on which party will lead the interests – lead the way? state Senate. Governor Cuomo got the session rolling with big early Candidates too often say one thing to constituents, commitments in the SFY2016-17 Budget: a $300 and act differently once behind Capitol doors. As such, million appropriation for the Environmental Protection this year as in years past, there Fund (EPF), with specific new programs and funding were important environmental for Climate Smart Communities and the Children’s While he is and public health bills that Environmental Health Centers. no longer in passed the Assembly. And while this year, as in years past, these Legislators built upon our #FixOurPipes campaign and Albany, the same bills were supported by a invested another $200 million (on top of $200 million from the year prior) to help communities meet their Dean Skelos bipartisan majority of senators, the Senate failed, yet again, to clean water infrastructure needs. There was also the playbook is give them a vote. establishment of a new program to jump start the electric vehicle market, and the Legislature’s rejection of an anti- alive and well While he is no longer in climate proposal to encourage more Thruway driving in the New York Albany, the Dean Skelos playbook with hundreds of millions in tax credits. is alive and well in the New State Senate. York State Senate; the former leader (a 2015 Oil Slick awardee) “Each year we postpone was convicted and lost his seat following allegations of the Diesel Emissions using his influence to advance or block legislation with an eye towards his family’s financial interests. Reduction Act, our state Senators seeking reelection should be pressed on their incurs more unnecessary record, not campaign rhetoric, and what they’ll do to costs, inflicts more damage to our safeguard the environment and our health. environment, and loses more lives During this political season, there will be a lot of noise, robocalls, and mailboxes (electronic and not) filled to wholly preventable causes.” with information to influence your vote. While EPL/ —Senator Brad Hoylman, March 23, 2016 Environmental Advocates does not endorse or support candidates for office, the 2016 Environmental Scorecard However, the Budget’s initial green hue also had will help voters break through the noise to make significant touches of grey. The Governor and informed decisions. legislators once again raided funds from the State’s premier carbon abatement and green jobs program, A Review of Leaders cutting $200 million from the program over two years. First Full Session And while the Cuomo administration says environmen- 2016 was the first full session for both legislative tal justice is a priority, the Governor cut a deal that leaders, as well as the chairs of both Environmental consigns children living in disadvantaged communities Conservation Committees. Big questions were: to another year of diesel exhaust from state vehicles. 1. After creating the first-ever legislative task force on Legislators pushed through a number of positive climate change, what would Speaker Heastie deliver? measures the final week of session which await the 5 Governor’s signature. Among these are a ban on using Mr. Saladino’s change of heart was a sad mercury in weights used to balance vehicle wheels surprise. Not only did he tell green (Senator Marcellino, R-Oyster Bay/Assemblywoman groups he supported the bill, but his Rosenthal, D-Manhattan), a task force to study the prior environmental record has won impact of climate change on our oceans (Senator Lavalle, him plaudits from EPL/Environmental R-Port Jefferson/Assemblyman Englebright, D-Setauket) Assemblyman Advocates as a green leader in a and a Governor’s program bill to require public schools Joseph party moving rapidly away from its to test for lead in drinking water (inspired by the work of Saladino conservation roots. This year, his score Senator Tom O’Mara, R-Elmira/Assemblywoman Donna dropped to just 76 points, after earning Lupardo, D-Endwell). an 85 last year, and 92 in 2014. Say it ain’t so, Joe! Climate Change The Independent Democratic Conference’s Diane Savino (D-Staten Island) and Senator Brad Hoylman In 2015, the State Energy Planning Board, comprised (D-Manhattan) led the Senate effort, helping to secure a of Cuomo administration officials and legislative bipartisan majority of 32 cosponsors.