VOTERS’2011 GUIDE the environmental scorecard for the New York State Legislature TABLE OF CONTENTS EPL/Environmental Advocates is one of the first organizations in the nation formed to advocate for the future of a state’s environment and the health of its citizens. Through lobbying, advocacy, coalition building, citizen education, and policy development, EPL/ 1 How to Read the Voters’ Guide Environmental Advocates has been New York’s environmental conscience for more than 40 years. We work to ensure environmental 2 By the Numbers laws are enforced, tough new measures are enacted, and the public is informed of—and participates in—important policy debates. EPL/ 3 2011 Legislative Wrap-Up Environmental Advocates is a nonprofit corporation tax exempt under section 501(c)(4) of the Internal Revenue Code. 4 Legislator of the Year & Honorable Mentions EPL/Environmental Advocates 353 Hamilton Street 5 Oil Slick Award Albany, NY 12210 (518) 462-5526 6 Bill Summaries www.eplvotersguide.org 10 Assembly Scores by Region Printed with soy ink on 100% post-consumer waste recycled paper Front cover photo: New York’s Ausable River 18 Senate Scores by Region Source: Flickr/G. Bremer Back cover photo: New York State Capitol Source: Flickr/Wally Gobetz SUPPORT us Yes, I support EPL/Environmental Advocates, the only organization in New York U State tracking the environmental votes of state lawmakers. Contributions to EPL/Environmental Advocates are not tax deductible. ☐ $35 ☐ $50 ☐ $75 ☐ $100 ☐ $250 ☐ $500 ☐ $1,000 ☐ Other $ Name: Address: City: State: Zip: Phone: Email: Credit card type (circle): AMEX MC VISA DISC ☐ Yes! Please sign me up to receive advocacy emails from EPL’s sister Number: Exp. date: organization, Environmental Signature: Advocates of New York. Please make check payable to: EPL/Environmental Advocates, 353 Hamilton Street, Albany, New York 12210. how to read the VOTERS’ GUIDE Find your Legislators Find out who represents you. Visit www.assembly.state.ny.us and www.senate.state.ny.us NORTH COUNTRY or call the New York State Senate at (518) 455-2800 and the New York State Assembly at (518) 455-4100. FINGER CENTRAL MOHAWK CAPITAL LAKES NEW YORK VALLEY REGION WESTERN NEW YORK SOUTHERN TIER MID-HUDSON For the first time, the scorecard has organized lawmakers by region. Please refer to the map above. LONG ISLAND Some legislators appear in more than one region because of the NEW YORK CITY creative nature of some district boundaries. Read the Scorecard See pages 6–9 for Super Bills bill descriptions Party and district Governor’s action S – Signed into law 2011 Score 2010 Score Water ResourcesGlobal WarmingProtectionSolar IndustryPollution ActClosing Development Cap theComplete Fracking & Jobs WasteStreetsRecyclables Act LoopholeWetlands in Landfills ProtectionHealthy GreenAllegany Procurement StateEnvironmental ParkEnvironmental Gas ImpactDrillingMercury Reports Protections Justice ThermostatPower Advisory Procurement Group Collection 1 2 3 4 5 6 7 8 9 10 11 12 13 Incorrect Governor Andrew M. Cuomo (D) S S S environmental vote Kenneth D. Blackenbush (R-122/Gouverneur) 42 N/A U Y - Y U YYY UU YYY Janet Duprey (R-114/Plattsburgh) 48 50 U Y - Y U YYY UU YYY Correct Addie Russell (D-118/Watertown) 95 90 UU l UUU Y U UUUUU NORTH 50 N Y l Y U N Y N UUenvironmentalYYY vote COUNTRY Teresa R. Sayward (R-113/Glens Falls) 49 Region Not a Super Super Bill Not in office/excused Bill sponsor sponsor absence – not scored See page 2 for information on how scores are calculated. www.eplvotersguide.org 1 by the NUMBERS A Quick Look at the Scorecard NYS Assembly 0 40 54 62 87 101 105102 Lowest score Highest score Speaker Silver Assembly average Minority Leader Kolb Republican party average Democratic partyMajority average Leader Canestrari NYS Senate 0 50 55 57 70 83 85 99 Lowest score Highest score Senate average Majority Leader Skelos Republican party average DemocraticMinority party averageLeader Sampson How Scores are Calculated To calculate legislators’ scores, EPL/ Co-sponsoring: Lawmakers receive half-credit Environmental Advocates uses ratings developed (1.5 points of a 3-tree bill) for Super Bills they by our sister organization, Environmental sponsored or co-sponsored. However, if a Super Advocates of New York. Bill is voted on, the vote is counted in the score, and credit is not given for co-sponsorship. Legislators earn between 1 and 3 points Members of the minority party who request respectively for votes in support of bills rated to be added as co-sponsors also receive co- by Environmental Advocates of New York as 1, sponsorship credit. 2, or 3 “tree” bills. Tree-rated bills are those that will benefit the environment. Legislators earn Becoming law: If a Super Bill is passed by both between 1 and 3 points respectively for votes houses and signed into law, all legislators who against bills that are given a rating of 1, 2, or 3 vote for it receive 3 points plus 2 bonus points. “smokestacks.” Smokestack-rated bills are those This year, two Super Bills were signed into law that will harm the environment. (Water Resources Protection Act and Complete Streets). As such, members who voted for The Assembly voted on four of the environmental these bills received 2 bonus points per correct community’s five legislative priorities, the Super environmental vote (up to 4 bonus points total), Bills; the Senate voted on two. resulting in several lawmakers with scores greater than 100 percent. Legislators earn points for supporting Super Bills as follows: Incompletes: Legislators who miss more than 20 percent of votes receive a score of incomplete (INC). 2 2011 legislative WRAP-UP Two Steps Forward, One Roll Back improvements on utility bills. The bill also Fresh off retaking the state’s upper house, New establishes a streamlined power plant siting process York’s Republican-led Senate attempted to roll back with community participation and environmental a host of environmental protections during the 2011 performance standards. Legislative Session. Calling the Green Lantern The State Senate passed a near-record eight bills that The Assembly reaffirmed its green cred this year are bad for our environment this year, which totaled by churning out votes on good environmental 13 smokestacks in the scoring system of our sister bills. Four out of five Super Bills passed the lower organization, Environmental Advocates of New house by wide margins. Speaker Sheldon Silver and York. The last time Republicans held the upper Environmental Conservation Committee Chair house, in 2008, the majority passed only four bills Robert Sweeney’s leadership remains strong. worth six smokestacks. A few Republican senators are vying for green hero This year, the Senate attacked funds for public status in 2012. Senator Greg Ball held the only transit, which would increase fares and pollution hearing by a majority sponsor on gas drilling and downstate. The Senate Majority also tried to let also introduced anti-fracking legislation. Senator polluters off the hook for oil spill clean up costs, James Seward has called on his colleagues to take allow monster ATVs to roam free, and grant up his bill to provide for more local control of gas unfettered access to timber in sensitive wetlands. exploration. Senator Michael Nozzolio has expressed concerns about fracking, as well. Inexplicably, the Senate did nothing to protect New Yorkers from the dangers of gas drilling called The Governor’s Record hydraulic fracturing, or “fracking,” even though Governor Cuomo’s next steps on fracking will recent polls show more Upstate New York voters cement his environmental legacy. As of this writing, oppose gas drilling. Upstate opposition to fracking the Governor appears poised to open the state to is rampant and will impact legislators come election drilling next spring, a catastrophic mistake. day when each vote can make a big difference. Questions remain about the true costs of drilling But all was not lost. Bad bill after bad bill ran aground to the state and local governments, what to do with in the reliably green Democrat-led State Assembly. fracking wastewater, and whether state agencies will have the capacity to make sure the oil and gas The Green Gap industry doesn’t cheat. Fast-tracking fracking would As a result of this bad bill bonanza, most members sully the Governor’s otherwise good record. of the Senate Majority received failing grades this year. And in a sad reversal, the gap in green Because thanks to Governor Cuomo’s leadership scores between Senate Republicans and Democrats this year, the Environmental Protection Fund ballooned from 10 points in 2008 to 26 this year. remained safe from harm after years of debilitating cuts. The Governor also led the way for passage of Despite this, two of the environmental community’s Power New York, helping communities influence “Super Bills” made it across the finish line. New where power plants are sited. York has new laws that will reduce wasteful water withdrawals and require transportation projects In the build up to one of the most contentious to consider features that encourage people to get election cycles in memory, what happens on out of their cars. The two bills were passed without fracking and other environmental issues will help controversy in both houses. determine who controls the statehouse. Take note New York, because only EPL/Environmental Both houses also passed Power New York, which Advocates lets you know the score. will allow customers to pay for energy efficiency www.eplvotersguide.org 3 legislator OF THE YEAR Barbara Lifton (D – Ithaca) Assembly member Barbara Lifton is among New York’s most steadfast environmental champions. A consistent top scorer in our annual Voters’ Guide, this year Lifton distinguished herself from her colleagues thanks to her commitment to ensuring New York’s irreplaceable waters and the health of our families are safeguarded from the dangers of gas drilling by means of hydraulic fracturing, or “fracking.” In 2011, she sponsored several pieces of legislation designed to protect New York’s air, waters, lands, and communities from fracking, and was the prime sponsor of a bill that would clarify local government authority in relation to fracking.