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    2012

    www.nylcv.org

    Electingfor the

    Environment

    New York State

    Policy Agenda

    NEW YORK LEAGUEOF CONSERVATION VOTERS

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    ABOUT THENEW YORK LEAGUE

    OF CONSERVATION VOTERS

    NYLCV is the only nonpartisan, statewide environmentalorganization in New York that takes a pragmatic approachto fighting for clean water, healthy air, renewable energyand open space.

    We're effective because we:a Educate public officials about the steps they should

    take to improve the environment;a Evaluate the performance of elected officials; anda Endorse and elect environmental leaders.

    New York League of Conservation Voters

    30 Broad St., 30th Fl.New York, NY 10004Phone (212) 361-6350

    Fax (212) [email protected]

    Marcia Bystryn, PresidentRicardo Gotla, Legislative Director

    New York League of Conservation Voters

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    Job creation and cost control are two of New Yorks

    top priorities. The New York League of Conservation

    Voters 2012 State Policy Agenda advances both,

    while also improving the environment.

    Take the issue of sustainable economic

    development, for example. Municipalities that most

    effectively embrace smart-growth planning should

    continue to be rewarded through innovative

    incentives, such as the Regional Economic

    Development Councils competitive grant program.

    Renewable-energy technologies, green jobs andeconomic development could be expanded by

    implementing a long-term and robust solar

    photovoltaic program that has support from

    environmental, labor and business groups. Natural

    resource protection is critically important to the

    state's tourism and recreational industries, and for

    that reason, New York should allow communities

    across the state to raise new revenues for

    conservation. And finally, if New York decides to

    move forward on natural gas drilling, it has an

    opportunity to lead the nation by writing and enforcing regulations that are fully

    protective of natural resources, public health and local communities.

    The choice between environmental sustainability and economic growth is a false one.

    In truth, greater sustainability is a way forward for New Yorks economy that will help

    transform our state into an innovation and jobs-growth leader. We look forward to

    working with Gov. Andrew Cuomo and the Legislature to make 2012 a precedent-set-

    ting year one where the state's economic challenges are met while laying the

    groundwork for a healthier environment and clean-energy future.

    Sustainability & InnovationAre Keys To New Yorks Future

    2012 New York State Policy Agenda

    NYLCV PresidentMarcia Bystryn

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    New York League of Conservation Voters

    Ensure Natural Resource

    & Public Health protection

    PROVIDE ADEQUATE FUNDING FOR NEW YORK STATE'S ENVIRONMENT

    a Provide agencies charged with the administration of the Environmental ProtectionFund and safeguarding public health and natural resources with the means toadequately protect our shared environment, public health and safety.

    a Restore the Environmental Protection Fund to a sustainable level that addresses

    the significant environmental protection and conservation needs throughout thestate.a Preserve the land protection program in the Environmental Protection Fund.a Pass enabling legislation that would allow more local governments to create

    community preservation funding.a Create youth workforce programs that include helping to maintain and steward

    state parks and Department of Environmental Conservation-managed lands.

    PROTECT THE PUBLIC FROM HARMFUL CHEMICALS AND TOXINS

    a Enact a comprehensive Safe Products Act that protects children from harmfulchemicals.

    a Pass a Public Right-to-Know Act that requires public notification when raw sewage

    is released into state waterways.

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    2012 New York State Policy Agenda

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    IMPLEMENT REGIONAL ECOSYSTEM

    AND WATERSHED PROTECTION STRATEGIES

    a Implement Comprehensive Estuary and Great Lakes management initiatives andthe priorities outlined in the Great Lakes Action Agenda.

    a Institute Total Maximum Daily Load (TMDL) programs and policies to addressstormwater and non-point pollution sources in critical watersheds.

    a Invest in clean-water infrastructure, emphasizing green infrastructure alternativeswhenever possible.

    a Prevent the spread and proliferation of invasive species in New York waters,including defending the state's water ballast discharge regulations.

    a Adopt a statewide climate adaptation plan.

    The Environmental Protection Fund safeguards drinking water resources andcritical habitats, but is currently funded at a historically low level.

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    New York League of Conservation Voters

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    ENSURE THAT REGULATIONS FOR HYDRAULIC FRACTURING

    ARE FULLY PROTECTIVE OF THE STATE'S NATURAL RESOURCES,

    HUMAN HEALTH AND SAFETY

    a Ensure no high-volume hydraulic fracturing permits are issued until New York'sregulations have been updated and are in full effect.

    a Ensure that regulations are based on an adequate final generic environmentalimpact statement that addresses the risks and impacts associated with natural gasexploration and production using hydraulic fracturing and the management anddisposal of wastes generated by those activities.

    a Ensure that the regulations establish drill-free zones in identified environmentally

    sensitive or habitat-critical areas (including specified watersheds) and in the areassurrounding such zones where drilling or associated hydraulic fracturing activitiescould adversely impact such environmentally sensitive or habitat-critical zones.

    a Ensure that any high-volume hydraulic fracturing waste waters that meet thedefinition of hazardous waste under state law and regulation are managed anddisposed of as such.

    a Require appropriate mitigation alternatives and measures and address thesocio-economic and reasonable environmental concerns of the localities that will

    be impacted by hydraulic fracturing activities.a Ensure that all agencies (particularly New York State Department of Environmental

    Conservation) have the staffing and resources needed to enforce the regulationsand monitor compliance with permit conditions imposed on applicants, includingthose designed to ensure that the impacts of hydraulic fracturing are appropriatelymitigated and the public's health and safety are protected.

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    2012 New York State Policy Agenda

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    Promote Statewide

    Sustainable Economic Development

    ESTABLISH SMART GROWTH AND

    REGIONAL ENVIRONMENTAL SUSTAINABILITY

    AS STATE PRIORITIES

    a Ensure that the Regional Economic Development Councils framework continues toincorporate environmental sustainability principles and is integrated with theCleaner, Greener Communities Competitive Grant Program and the RegionalTransportation Planning process so that economic development, land use, energy

    efficiency and transportation goals are integrated and mutually supportive.a Align state agencies to treat the Adirondack Park as a single region to providemore consolidated, cost-effective and efficient delivery of public services, reduceproperty taxes and budgetary impacts, sustain its communities and protect waterquality and the environment.

    a Ensure the New York Works Fund includes financing for green infrastructure.a Support initiatives that dedicate additional revenue sources for farmland

    protection.a

    Promote incentives for establishment of local farmers markets and distributionsystems.

    ENHANCE EFFECTIVENESS OF THE STATE REHABILITATION

    TAX CREDIT PROGRAM TO SPUR URBAN REVITALIZATION

    a Extend the availability of State Rehabilitation Tax Credit programs to 2017.

    a Attract additional national investment to New York State redevelopment projectsby providing for separate allocation or refundability of the New York StateRehabilitation Credit.

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    New York League of Conservation Voters

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    BROWNFIELDS RESTORATION

    a Re-evaluate the Brownfield Tax Credit Program so that its financial incentives arefocused on the cleanup and remediation of brownfield sites, and that they support

    projects that otherwise might not be developed absent the tax credit program.a Maintain the current threshold for earning tax credits for remediation expenses,

    but develop criteria for tax credits for development expenses so as to promotedevelopment of those properties that otherwise might not be developed. Amongthe criteria to be considered are: conformity to smart-growth criteria and encour-aging the revitalization of abandoned industrial and commercial sites in upstatecommunities, low-income communities and urban areas throughout the state.

    a Establish a voluntary program by decoupling eligibility for brownfield tax credits

    from eligibility for Department of Environmental Conservation oversight andliability release, akin to New York City's Brownfield Cleanup Program.

    a Enhance the Brownfield Opportunity Area program, including increasing theBrownfield Opportunity Area Tax Credit program to a meaningful level and addingbonuses for developments that conform to smart-growth principles and applicableBrownfield Opportunity Area plan.

    a Allow historic fill sites with contamination levels that exceed the program's soilstandards to enter the Brownfields Cleanup Program.

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    2012 New York State Policy Agenda

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    The Metropolitan Transportation Authority moves more than 11 million passengersevery weekday. Despite New Yorks historic under-investment in its infrastructure,the state has continued to divert money from dedicated MTA funds in recent years.

    TRANSPORTATION

    a Ensure that dedicated public transportation funding is not diverted to the generalfund for other purposes.

    a Implement a strategy to fund the remaining three years of the MetropolitanTransportation Authority's capital plan.

    a Increase the state's gasoline excise tax to reflect inflation.

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    New York League of Conservation Voters

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    ENCOURAGE DEVELOPMENT AND UTILIZATION

    OF RENEWABLES; ENCOURAGE ENERGY EFFICIENCY

    a Establish a long-term and robust program that would scale up photovoltaic solarpower to 5,000 megawatts by 2025, thereby creating thousands of jobs, generatingbillions in economic activity, positioning the state as a leader in the clean-energyeconomy and making New York more energy-independent.

    a Promote properly sited offshore wind energy in federal waters off New York Cityand along the South Shore of Long Island.

    a Ensure that reliable energy transmission infrastructure is in place and properlysited to provide power efficiently and to expand the use of renewable energysources.

    a Ensure carbon auction proceeds are used for their intended purpose, i.e.,investment in energy efficiency, renewable energy, greenhouse gas reduction andclimate change adaptation projects.

    a Scale up energy efficiency in public buildings to pave the way for similar efforts inprivate buildings, through implementation of a program to benchmark annuallyand disclose the energy use of public buildings; establishment of a New YorkPower Authority loan-loss reserve fund to provide needed credit enhancement;and the streamlining of the process for working with energy service companies.

    Build the Foundation

    For A Clean Energy Future

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    2012 New York State Policy Agenda

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    INSTITUTE PUBLIC SERVICE COMMISSION

    STRUCTURAL REFORMS TO HELP ACHIEVE CLEAN-ENERGY GOALS

    a Evaluate and take advantage of opportunities for improved coordination amongthe Public Service Commission, New York State Energy Research and DevelopmentAuthority and other state authorities involved with pursuit of clean-energy goals.

    a Ensure effective implementation of the Energy Efficiency Portfolio Standard andachievement of the state's 15 by '15 goal by further improving program

    coordination and flexibility and streamlining program approvals; improving uponthe current test to analyze cost-effectiveness of program portfolios; maintaining aneffective performance-based utility incentive framework; addressing marketbarriers; and ensuring that the shares of the goal from codes and standards, theNew York Power Authority and the Long Island Power Authority are met.

    a Ensure achievement of the state's Renewable Portfolio Standard goals, includingthe contributions to those goals from the New York Power Authority, the LongIsland Power Authority and State Agency procurement.

    a Incorporate societal benefits and environmental externalities as well asshort-term price considerations in ratemaking and other Public ServiceCommission decisions.

    Many of New Yorks energy dollars currently go out of state and abroad. Byestablishing a clear framework to expand solar capacity, New York can unlock theintrinsic value of energy to create local jobs and generate economic activity.

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    NEW YORK LEAGUEOF CONSERVATION VOTERS

    www.nylcv.org

    2012 New York League of Conservation Voters