Meetings
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[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Hi everybody, I am New York State Senator Pete Harcom. I chair the Senate Standing Committee on Environmental Conservation. We have been joined by Senators Rachel May, R. Ranker, Senator Dan Steck, Senator Ken Zaneri Fitzpatrick, and Senator Colombo. Welcome everybody. We also have voting sheets, from all of the other members. If you don't see your local senator here, do not disparage. You're not being lazy. This incredibly busy meeting, meeting day here, in the capital, and there are a number of other senate committee meetings going on at the same time. We have their voting sheets. We have enough for a quorum. I want to thank our central staff, Mike, Malik, Nicole, Jose, Carissa. I want to thank my staff, Marie, Sarah and Zara. We're all here today. Zara, excuse me. So with that, we have a 10 bill active list. How are you? I'm good, Chairman. Sorry. Would you like to say anything before we get started, Mr. Reichard? It is a busy day, but. All right. We're good. Good. It's a busy day. So let's get rocking and rolling. 10 bill active list. The first bill, sixteen ten by Senator Harkin.
[Mr. Reichard (Committee Counsel/Clerk)]: Enactment of the environmental conservation law in relations requiring for construction activities that require state polluting discharge elimination system permit owners and operators to submit a copy of the required public notice.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Alright, questions, comments, concerns?
[Senator Dan Stec (Ranking Member)]: Move the bill.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Alright, we have a motion, we have a second?
[Mr. Reichard (Committee Counsel/Clerk)]: I'll second.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Alright, thank you.
[Senator Michelle Hinchey]: Have a
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: motion and a second, all in favor? Aye. Any without rec? Any nays? All right. That bill will advance on the calendar and we have been joined by Senator Hinche. Welcome, Senator. Thank you. Thank you for joining us. Our next bill is twenty four eleven by Senator Parker.
[Mr. Reichard (Committee Counsel/Clerk)]: Next, I'm in the environmental conservation law in relation
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: to bio heating fuel requirements. Questions, comments, concerns?
[Mr. Reichard (Committee Counsel/Clerk)]: I'll move it.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: All right. We have a motion.
[Senator Michelle Hinchey]: Do we
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: have a second?
[Senator Michelle Hinchey]: We have a
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: motion and a second. All in favor? Aye. Any without rec? Any nays? All right. That advances on the calendar. The next is 2493 by Senator Guinardes.
[Mr. Reichard (Committee Counsel/Clerk)]: An act of environmental conservation law in relation to the community air monitoring program.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Alright questions, comments, concerns? Alright do we have motion? We have a motion and a second. Thank you both. All in favor, aye.
[Senator Dan Stec (Ranking Member)]: Aye.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Any without rec? Without rec, Two without recs, any nay? A nay. And one nay as recorded. But that bill, based on the vote sheets, will be advanced on the calendar. Our next bill, Senate Bill 3,408 by Senator Torek Comery.
[Mr. Reichard (Committee Counsel/Clerk)]: Next amendment of the environmental conservation law in relation to requiring air quality monitoring for certain major mass transportation projects.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Questions, comments, concerns? Do we have a motion? Do we have a motion? We have a second. Thank you both. All in favor, aye. Aye. Any without rec?
[Senator Michelle Hinchey]: Without rec.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Two without rec. Any nays? All right, that will be referred to finance. Our next bill, Senate 3697A by Senator Sanders.
[Mr. Reichard (Committee Counsel/Clerk)]: Next amend the environmental conservation law and the state finance law in relation to reporting of climate related financial risk and establishing a climate related financial risk disclosure fund.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Alright, questions, comments, concerns? Alright, do
[Senator Michelle Hinchey]: we have a motion? We have
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: a motion, Senator Hinchy, second by Senator May. All in favor, aye. Aye. Any without rec? No. Alright, two without recs, any nays? Alright, that will 100 be referred to findings. The next bill, 6,065 A by Senator Parker.
[Mr. Reichard (Committee Counsel/Clerk)]: The enact ment of the environmental conservation law, and the state finance law in relation to the proper collection and disposal of mercury thermostats, amend chapter five fifty of the laws of 2013, amending the environmental conservation law relating to establishing the mercury Thermostat Collection Act in relation to the effectiveness thereof.
[Senator Michelle Hinchey]: All right
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: questions, comments, concerns?
[Senator Michelle Hinchey]: Move it. We have a motion, we
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: have a second, and we've been joined by Senator Beatty. Welcome Senator. All in favor? Aye. Any without rec? All right. Alright, two without rec. Any nays? Alright, that will be referred to finance. Our next bill, 6041A by Senator Hinchy.
[Mr. Reichard (Committee Counsel/Clerk)]: The next one, the navigation law in relation to financial responsibility for the liability of a major facility or vessel.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Alright, Questions, comments, concerns. Do like to say anything on your bill?
[Senator Michelle Hinchey]: Thank you for putting it on the agenda. I hope the assembly will pass it.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Awesome. We're happy to. Thank
[Senator Michelle Hinchey]: you. Thank you.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: All right. Do we questions, comments, concerns? We have a motion. We have motion and a second. Thank you both. All in favor. Aye. Any without rec? One without rec. Any nays? One nay. All right. So recorded that bill advances on the calendar. Our next bill, 6,879, Senator Ramos.
[Mr. Reichard (Committee Counsel/Clerk)]: Next amendment of the environmental conservation law and the labor law in relation to establishing the New York Youth Climate Court.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Alright, questions, comments, concerns? Do we
[Senator Michelle Hinchey]: have a motion? Do we have
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: a motion? Do we have a second? We have two seconds. Thank you very much. All in favor, aye. Aye. Any without rec? One without rec, any nays? Alright, that is referred to finance. The next bill, 7,410 by Senator May.
[Mr. Reichard (Committee Counsel/Clerk)]: An act directing the Department of Environmental Conservation to commission a comprehensive study on the retrofitting needs of schools located within 500 feet of major highways to mitigate exposure to harmful air pollution.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Alright, questions, comments, concerns? Alright, have a motion. Second. We have a second, great bill, thank you very much. All in favor, aye.
[Senator Michelle Hinchey]: We'll share the second.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Oh, I'm sorry. No, it's okay. Worries. We're getting whiplashed, we'll get back and forth. Thank you very much. Second and a third. All in favor, aye. Aye. Any with that rec? Any nays? Alright, that is referred to education. And then our final bill, 91.15 a by Senator Harvick.
[Mr. Reichard (Committee Counsel/Clerk)]: Next amend the environmental conservation law in relation to the management of PFAS and biosolids. And to amend the agriculture and markets law and the state finance law in relation to establishing the PFAS Agricultural Response Program and the Agricultural PFAS Response Fund.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Thank you very much. Just a quick comment, this bill has been amended to address concerns Farm Bureau had and we put in the Farm Bureau's exact language so they are now not opposing this bill.
[Senator Michelle Hinchey]: So that's always good.
[Senator Dan Stec (Ranking Member)]: Can you remind me if there was, did we put money in the one house?
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: We did, we put, the original plan was for the Senate to put in 10,000,000, the Assembly to put in 10,000,000. It would be 10,000,000 for the testing program, 10,000,000 to make farmers whole if there was a problem. I know we put in 10,000,000. I'm not sure if the assembly did.
[Senator Michelle Hinchey]: So. Move the bill.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: We had a question. I think you answered
[Senator Dan Stec (Ranking Member)]: it, but certainly there would be some funding on it because remediation costs would be massive. Yeah. In the event that a farm, you know, has acres and acres and acres that need to be remediated. I appreciate the establishment of that fund. The moratorium takes effect in this bill no matter what the result may be. If someone is still in the testing process and they haven't determined whether or not they actually have any PFAS within their soil because I know the state actually encouraged use of biosolids and now we're kind of going sideways on that. So that's just a concern that I had. Yeah and there's
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: also a period, what is that for folks who are in the program not to be penalized, am I correct there?
[Mr. Reichard (Committee Counsel/Clerk)]: So I guess a couple things.
[Senator Michelle Hinchey]: The moratorium is statewide, it's regardless of whether someone has been affected. And then, you know, if if they do find contamination on the land, then they would, you know, be able to. First of all, first of all, you don't have to test your land if you're a farmer. It's eligible if you would like to test. And then if you do find the best on your land, then you'll be eligible for the program to help reimburse you or otherwise assist you with remediation and other activities. And you get your grade.
[Senator Dan Stec (Ranking Member)]: So no matter what, it's done. Yeah. Or really five. A year?
[Senator Michelle Hinchey]: Five, yeah, five years. Got it.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: And the point we want to make to the public though is that a very small percentage of New York farms at this point have received direct biosolid application. So we want New Yorkers to know that the food supply is safe, but this has become an issue in other states and we just want to be proactive.
[Senator Dan Stec (Ranking Member)]: And I certainly appreciate it. I think there may be, I mean it's farming but would that also affect the application of it because I believe there's a sewage treatment plant that's doing it on a golf course using it for irrigation in my district. So they would be affected as well. Right. That's correct. Just making sure. Okay. Thank you.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: All right. Other questions? Other concerns? Other comments? And we have been rejoined by our new member, Senator Botsman. Welcome. Good to see you. Thank you and welcome to the committee. We look forward to your contribution to working with you. Thank you. Likewise. Great to see you. Thank you.
[Senator Michelle Hinchey]: Senator Parkham, I'll say thank you for being so collaborative on this bill and working with all the stakeholders. And if there's no other comments, I'm happy to leave the bill.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Thank you for the motion. The nice comments, but thank you for the partnership and your relationships with the ag community. You know, it's always important that we we work all angles on this and you've been a great partner. So thank you. Alright, we have a motion, do we have a second? We have a second over here. Thank you Senator Kanzanari Fitzpatrick. All in favor,
[Senator Michelle Hinchey]: aye. Aye.
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: Any without rec?
[Mr. Reichard (Committee Counsel/Clerk)]: We got
[Senator Pete Harckham (Chair, NYS Senate Environmental Conservation Committee)]: a rec. One without rec. Any nays? Alright, this will be referred to finance. And that is the final bill and the conclusion of our meeting. Thank you all very much who are here. This is a great turnout in person and thank you for watching at home and we'll see you in a couple weeks. Thanks.