Kill the Drill: Protect New York City’s Drinking Water

November 10, 2009




It is difficult to overemphasize the importance of the New York City Watershed to the
City and State of New York. The Watershed is the largest unfiltered drinking water supply in the
nation, providing 1.3 billion gallons of affordable, high-quality drinking water daily to more
than 9 million consumers in New York City — half the population of the entire state of New
York.

I testified before the Department of Environmental Conservation today at a public hearing on the Draft Generic Environmental Impact Statement on Gas Development in the Marcellus Shale. (My testimony is below.) In my testimony, I opposed any move to allow natural gas drilling in the Watershed, and I have called upon the Department to issue a moratorium on drilling and am a co-sponsor of A.8748, which would set strict standards for protecting drinking water throughout the state, and prohibit drilling in and around the watershed.

The Department of Environment Conservation has extended the public comment period
related to this application until December 31st
. Clean water is one of our most precious resources, and the extension of the public comment period is an important step in assuring that decisions regarding drilling in the Marcellus Shale will not be rushed. I encourage everyone to express their opposition through the comment submission process. As a member of the Kill the Drill Coalition, I urge you to visit Manhattan Borough President Scott Stringer’s Kill the Drill webpage to find out other things you can do to make the call for environmental justice issue known and heard.

11.10.09 DEC Testimony Re SGEIS Opp to Drilling in Marcellus Shale

The Fight Continues Against Bloomberg’s Garbage Plan

July 29, 2009


While I was disappointed to learn of the New York State Department of Environmental Conservation’s (DEC) decision granting the City’s permit application for a Marine Transfer Station (MTS) at East 91st Street in my district (see the end of this post for the decision in full), the fight does not end here. In the Assembly, I continue to push my bill (A.6829/S.3112) to prohibit the siting of a solid waste transfer station within 800 feet of a public housing complex. I was pleased that my bill made progress this year and was passed by the Environmental Conservation and Codes Committees. I also strongly support the Gracie Point Community Council’s plans to file an Article 78 lawsuit in State Supreme Court to challenge the validity of the DEC ruling.

There is still time to put a full stop to this madness. How can the Bloomberg administration continue to argue that this makes sense even while the Department of Education prepares for the fall opening of the new PS 151 elementary school on East 91st Street between First and Second Avenues (See “Braced for Garbage,” Our Town, June 17, 2009)? The good news for us is that the Bloomberg Administration has not budgeted for the project for the upcoming fiscal year, pushing back implementation to 2011 at the earliest. Meanwhile, in addition to the Article 78 proceedings, an earlier lawsuit filed by Gracie Point Community Council arguing that the MTS is unlawful park alienation is still pending.

This project is taking longer and costing more than anyone ever imagined. If the Mayor was truly interested in fiscal discipline and efficient government, he’d abandon this boondoggle now. Elections have consequences.

The Upper East Side and East Harlem communities have repeatedly pointed out why this location is inappropriate–for the children who play outdoors at Asphalt Green, park-goers who use Carl Schurz Park, the East Side River Esplanade and Bobby Wagner Walk, the over 40,000 residents of surrounding residential high-rises, and public housing complexes like Stanley Isaacs Houses and John Haynes Homes.

The fact remains that this neighborhood is one of the most densely populated residential areas in all five boroughs. Had there not been an MTS in this location at some point in the past, it would be illegal to site one there today. The neighborhood that the former MTS was part of was a very different one. Gone are the light manufacturing uses and warehouses that once lined the East River–this is 2009, and this is a tightly packed network of high rise residential towers, housing projects, parks, and community facilities. The fact that once upon a time there was an MTS at this location has allowed the Mayor to exploit what amounts to a loophole in the law. In the City’s application, the proposed MTS was referred to as a “reactivation” of an existing MTS. This is hogwash, and it is more than disappointing that the DEC didn’t kick the City to the curb for such transparent word-smithing.

Please check back here for updates as more on this situation develops. I am posting the DEC’s decision in full below for your convenience.

7-27-09 DEC decision on marine transfer stn

5 Cent Plastic Bag Fee Will Keep Our Environment Cleaner

May 4, 2009



Harry Nespoli, President of the Uniformed Sanitationmen’s Association, NYC Sanitation Commissioner John J. Doherty, Assembly Member Brian Kavanagh, State Senator Jose Serrano, and I are pictured here at a press conference April 30th to announce the introduction of legislation to curb the overuse of plastic bags.

The average American family uses 60 plastic bags in only four trips to the grocery store, but using just one tote bag instead eliminates 1,000 plastic bags from our waste system. Single-use plastic bags accumulate and persist on our planet for over 1,000 years. Plastic bags don’t biodegrade, they photodegrade—breaking down into smaller and smaller toxic bits that contaminate soil, waterways, and enter the food chain. New Yorkers throw out 5.2 billion (that’s “billion” with a “b”) plastic bags each and every year, causing irreversible environmental damage.

Last year, I distributed over one thousand free tote bags made from 100% recycled plastic bottles in my district and they became quite the fashion statement on the Upper East Side. I blogged about that effort in October of 2008, and I plan to do an even bigger push this year in my district.

On April 30th, State Senator Jose Serrano and I, joined by NYC Sanitation Commissioner John J. Doherty and the Director of the Mayor’s Office of Long Term Planning and Sustainability Rohit T. Aggarwala, announced the introduction of legislation (A.7844/S.4866) to place a nominal 5 cent fee on plastic carryout bags. The legislation is a program bill of Mayor Michael Bloomberg. Under the provisions of the act, any store that distributes plastic carryout bags that are less than 2.25 millimeters thick with handles will be required to assess the fee on customers and pass the revenue on to the City. The City anticipates an initial 10 percent reduction in plastic bag usage, while raising approximately $100 million in the first year alone.

At the end of the day, our bill is about encouraging people to change their habits when it comes to plastic bags, and there’s no better example to follow for this than the Emerald Isle. Ireland introduced a fee for plastic bags in 2002 and within weeks, use of plastic bags dropped by 94% as the Irish began to adjust to carrying tote bags to the store. Now using a plastic bag is socially unacceptable in Ireland. People are just more aware.

I believe that the same will happen here. New Yorkers are the kind of people who care deeply about their global and environmental impact. I predict that soon after this is implemented, the Big Apple will be known as the Big Green Apple, and that other jurisdictions in this country will follow our responsible lead.

The introduction of the bill was covered extensively by media, including an article in the Daily News (”Law would cost you some paper if you chose plastic bags“), a short piece in the New York Post (”Bid to Push Nickel Bags“), and a mention in a New York Times editorial about the Mayor’s Executive Budget, which endorses the bill, calling it “compelling.”

The NYC Audubon Society, the New York League of Conservation Voters, the Environmental Defense Fund, and the Natural Resources Defense Council joined us at the press conference to offer their support.

Kellner Bill Would Make It Easier for Consumers to Recycle Unwanted Electronics

March 13, 2009

According to the EPA, used or unwanted electronics amounted to 1.9 to 2.2 million tons of waste in 2005, of which 1.5 – 1.8 million tons were primarily disposed of in landfills and less than 400,000 tons (under 20%) were recycled. Every year this number grows.

Electronic waste is a major environmental health hazard, commonly containing cadmium, hexavalent chromium, brominated flame retardants as well as constituting 40% of the lead found in landfills and 22% of the annual world consumption of mercury. The sheer volume of improperly disposed of consumer electronics indicates that the strategy of encouraging consumers to mail unwanted electronics back to the manufacturer is failing.

Requiring big box retailers to collect consumer electronics for recycling and reuse makes it easier for the consumer to understand and participate in recycling. This way, a consumer can drop off their old television or DVD player when they go to shop for their new flatscreen or Blu-ray player.

My bill, the Consumer Electronics Recycling Act (A.6739), requires major retailers to collect unwanted electronics of the brands they sell in their stores. Retailers also have the option of entering into a collective collection plan with other retailers or not collecting electronics but paying into a local fund for electronics recycling. Retailers are required to provide information about their recycling program at the time a consumer makes a purchase, advertise their program in their store, and maintain a conspicuous location where unwanted electronics are collected.

At the same time, the bill bans the disposal of covered electronic equipment in any solid waste management facility. Once there is a convenient place for consumers to bring electronics for recycling, there is no longer any excuse for the pollution that comes with throwing electronics out with the trash.

For more information on how to dispose of your unwanted electronics right now, please see the New York City’s WasteLe$$ website, which has information about take-back programs, Sanitation recycling events, and the new New York City recycling laws.

Take the GO GREEN! Challenge

October 17, 2008


In the following weeks, I will be distributing free tote bags to constituents at street fairs, greenmarkets, and outside grocery stores. The idea behind the campaign is to promote the use of durable reusable bags for grocery trips and other shopping needs instead of using plastic bags.

The average family uses 60 plastic bags in only four trips to the grocery store. These American-made (the company is Fabriko) Eco-Spun Recycler Tote Bags I am distributing are made from 100% recycled plastic bottles, a material known as PET. PET is considered the greenest material on the planet today and regularly using just one of these bags for daily shopping can eliminate over 1,000 plastic bags from entering our waste system.

My great hope is that my campaign will begin to raise awareness about alternatives to plastic bags. Single-use plastic bags accumulate and persist on our planet for up to 1,000 years. In New York City, they comprise about 2.87% of our residential waste stream, and they are our largest source of plastic waste – and plastic bags are among the 12 items of debris most often found in coastal cleanups. To read more about this issue, I highly reccomend the website ReusableBags.Com.

My GO GREEN! CHALLENGE comes just after New York City’s Local Law 1, the Plastic Carryout Bag Recycling Law, came into effect on July 23rd, 2008. This new city law requires stores across the City to establish in-store recycling programs for plastic bags and film plastic, such as plastic wrap, dry cleaning bags and newspaper bags. The law applies to stores that use plastic bags and occupy 5,000 or more square feet or have more than five branches operating in New York City. Stores are also required to sell reusable bags.

Introduced just over 25 years ago, the world consumes an estimated 500 billion plastic bags annually (almost 1 million per minute). According to the EPA, over 380 billion plastic bags, sacks and wraps are consumed in the U.S. each year. Four out of five grocery bags in the US are now plastic. Plastic bags don’t biodegrade, they photodegrade—breaking down into smaller and smaller toxic bits contaminating soil and waterways and entering the food chain when animals accidentally ingest them.

I will also be exploring policy avenues to have an even larger impact. Using reusable bags needs to rise to the level of a social imperative, and I think it will, once people realize how simple it is to make such a big difference. A good example is Ireland. That country introduced a new tax in 2002, requiring customers to pay at the register if they wanted to use a plastic bag. Within weeks, use of plastic bags dropped by 94% as the Irish began to adjust to carrying tote bags to the store. Now using a plastic bag is socially unacceptable in Ireland. People are just more aware.

Feel free to stop by my office at 315 East 65th Street during business hours Monday to Friday, 10 am to 5:30 pm to get your free tote bag (while supplies last). Go Green!

US Army Corps of Engineers to Hold Hearing on E. 91 St MTS in September

August 22, 2008

Asphalt Green is a beautiful recreation center with outdoor athletic fields, a swimming pool, and a playground for children that is threatened by the East 91st Street Marine Transfer proposal by the Mayor.

The U.S. Army Corps of Engineers has announced that it will hold a public hearing on the permit application submitted by the New York City Department of Sanitation (DSNY) to undertake dredging and other construction work associated with the Bloomberg Administration proposed marine transfer station (MTS) for East 91st Street.

I am very opposed to the siting of an MTS at this location for a number of reasons. I have previously testified against the proposal at a hearing before the New York State Department of Environmental Protection (I’ll get that tesimony uploaded to my ‘Publications Page‘ soon). I have also introduced a bill, A.10891A, that would prohibit the siting of a waste transfer facility within near proximity to a public housing project.

The proposed MTS would be located less than 300 feet from two public housing projects - the Stanley Isaacs Houses and John Haynes Homes Towers and be situated next door to East Harlem, the asthma capital of New York City. Additionally, the MTS would subject neighborhood residents - especially children, who are most vulnerable - to the pollution from constant streams of garbage trucks, while simultaneously destroying Asphalt Green, one of the area’s only parks.

I urge everyone to come testify at this important hearing.

U.S. Army Corps of Engineers Public Hearing
Public Notice File Number: NAN-2008-00927-EJE
Tuesday, September 16, 2008
1:00 p.m. to 4:30 p.m. and 6:00 p.m. to 10:00 p.m.
New York Blood Center, 310 East 67th Street

Comments are limited to 5 minutes and written testimony may be submitted until 5:00 p.m. on Monday, September 29th by mail to the New York District Corps of Engineers, Regulatory Branch, 26 Federal Plaza, Rm 1937, and New York, NY 10278-0098. Additional information can be found at http://www.nan.usace.army.mil/business/buslinks/regulat/pnotices/aug08/index.htm.