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FEDERAL AND STATE LEGISLATIVE PRIORITIES
2007 Legislative Session

As approved by the Board at its January 2007 meeting, the following list of legislative measures will be the main focus of Audubon New York Government Relations staff in the 2007 legislative session. Should you need any additional information on these policy priorities, please contact Al Caccese or Sean Mahar at 518-869-9731.

FEDERAL LEGISLATION:

Long Island Sound Restoration Act
The Long Island Sound Restoration Act (LISRA) provides important funding for projects that support the guidelines and recommendations of the Comprehensive Conservation and Management Plan (CCMP), and seek to restore and maintain the water quality of the Sound. With it’s reauthorization in 2005, the LISRA will provide up to $200 million over 5 years to improve the water quality, reduce nitrogen loading, and ensure a clean and healthy Sound. New York and Connecticut would share up to $40 million annually for projects throughout the Sound. In 2007 we will advocate for full funding of this Act.

Long Island Sound Stewardship Act
The Long Island Sound Stewardship Act (LISSA), which was enacted in 2006, establishes a Long Island Sound Stewardship Initiative to identify, protect, and enhance important sites within the Long Island Sound ecosystem. This historic legislation will protect open space, restore wildlife habitats, and provide for public access to the Sound. The bill authorizes up to $25 million annually on a 60%-40% federal to local share for the acquisition of land and conservation easements and the enhancement and improvement of important ecological sites. In 2007 we will advocate for full funding of this new Act.

Great Lakes Collaboration Implementation Act
In 2004 the President signed an executive order creating the Great Lakes Task Force, and establishing the Great lakes Regional Collaboration (GLRC) to develop the funding needs for restoration of the Great Lakes ecosystem. The GLRC has developed a comprehensive $20 billion restoration plan for the Great Lakes. In 2006, the House and Senate introduced the Great Lakes Collaboration Implementation Act (HR.5100, S.2545), with strong bi-partisan New York Congressional co-sponsorship, which puts into practice many of the priority recommendations of the GLRC. Also in 2006, Congress reauthorized the Great Lakes Fish and Wildlife Restoration Act at $16 million per year for 5 years, enacting a key component of the comprehensive Great Lakes restoration legislation. Audubon will now advocate for full appropriation of this Act in 2007.

Conservation Trust Fund:

State Wildlife Grants
Created in 2001, the State Wildlife Grants program provides federal dollars to every state and territory to support cost-effective conservation aimed at preventing wildlife from becoming endangered. These grants support a wide array of projects to restore degraded habitat, reintroduce native wildlife, develop partnerships with private landowners, educate the public, and collect data to find out more about declining species. To ensure that the funds are spent wisely, each state had to develop a Comprehensive Wildlife Conservation Strategy by October 1, 2005, to direct how they will spend these funds. Last year, Congress passed a Continuing Resolution in December to reappropriate this category at the 2006 level of $68.5 million, until the Interior appropriations bill is passed in 2007.

Land and Water Conservation Fund (Stateside)
Created by Congress in 1964, the Land and Water Conservation Fund (LWCF) provides 50% matching grants to state and local governments to acquire, develop or improve parkland. This fund helps to provide increased recreational opportunities, protect and preserve wildlife habitat, drinking water, and historic sites. Last year, Congress passed a Continuing Resolution in December to reappropriate this category at the 2006 level of $29.5 million, until the Interior appropriations bill is passed in 2007.

Forest Legacy
The federal Forest Legacy Program (FL) was created to aid states in protecting environmentally sensitive forest lands, by purchasing property or conservation easements. It is a voluntary program that works with private landowners who want to protect their land. Last year, Congress passed a Continuing Resolution in December to reappropriate this category at the 2006 level of $56.5 million, until the Interior appropriations bill is passed in 2007.

Neotropical Migratory Bird Conservation Funding
The Neotropical Migratory Bird Conservation Act (Act) established a matching grants program to fund projects that promote the conservation of birds in the United States, Latin America, and the Caribbean. The law authorizes $5 million per year for five years to be spent on bird habitat conservation efforts both here and abroad. At least 75 percent of these funds must be spent on projects outside the United States, in areas where neotropical migratory birds spend their winters and gain strength for their flights back to the United States. This act was reauthorized in 2006, and with the Continuing Resolution passed by congress in December, this category was reappropriated at the 2006 level of $3.9 million, until the Interior appropriations bill is passed in 2007.

Highlands Conservation Act
The overall purpose of the Highland Conservation Act is to foster state and federal partnerships to protect priority conservation lands in the Highlands Region, which encompasses NY, NJ, CT and PA. The bill would authorize $10 million annually over ten years for such land conservation partnership projects, which would cover up to 50% of the cost of purchasing lands or development rights from willing sellers only. In 2007, we will advocate for full funding of this Act.

National Audubon Society Priorities

Drilling in the Arctic National Wildlife Refuge (ANWR)
Working closely with the National Audubon Society, we will work with the New York Delegation to advocate opposition to any measures to open the Arctic National Wildlife Refuge for oil exploration.

Endangered Species Act
Established in 1973, the Endangered Species Act has been the safety net that has insured the survival of hundreds of species that faced or were threatened with certain extinction. This landmark Act is a true conservation success story that has helped to recover many of America’s most vulnerable birds and other wildlife, and remains critically important to the protection of others still threatened. In 2005, the House of Representatives passed a proposal that would repeal many of the most important provisions of the Act, including eliminating habitat protection for endangered species, bankrupting the Endangered Species Act by requiring virtually unlimited payments to special interests, and limiting protections for threatened species. We will continue to advocate for this act to be protected and enhanced, to keep America’s safety net for our most vulnerable birds and wildlife intact.

Farm Bill
The 2002 Farm Bill is undergoing major revisions for passage in 2007. Portions of this existing bill provided important funding for various conservation initiatives, such as the creation of a Grassland Reserve to assist landowners in restoring and conserving grassland, creation of tools and incentives to promote sustainable forestry practices, and funding for farmland preservation. As this bill is revised, and at the discretion of the National Audubon Society policy office, we will work to ensure that these important conservation measures are adequately funded, and will continue to work with DEC and other state agencies to advocate for inclusion of New York specific interests.

STATE LEGISLATION:

FY 2007-2008 Budget
In his inaugural Executive Budget proposal, Governor Eliot Spitzer has proposed a $100 million increased to the Environmental Protection fund, the states primary environmental funding category, over the next two years backed by revenue from an expanded Bottle Deposit Law to include non-carbonated beverages like water and sports drinks. Specifically for Fiscal Year 2007-2008 the EPF would increase by $25 million to a new high of $250 million, with increases to many Audubon New York supported categories.

$250 million EPF Highlights

• $58 million for land acquisition projects (up from $50 million)
• $28 million for farmland protection (up from $23 million)
• $2 million for the Smart Growth Programs (formerly Quality Communities)
• $7.5 million for Zoos, Botanical Gardens and Aquaria (same as last year)
• $1.5 million for the Biodiversity Research Institute (same as last year)
• $5 million for Invasive Species (up from $3.250 million)
• $3 million for an Ocean and Great Lakes Initiative (same as last year)
• $10 million for a Water Quality Improvement Program (up from $7 million)

Governor Spitzer has also proposed the restoration of critically important General Fund staff positions in the Department of Environmental Conservation (109 new positions, including a new office of Climate Change), the Office of Parks, Recreation and Historic Preservation (52 new positions) and in the Adirondack Park Agency (5 new positions). These Agencies have been drastically cut over the years and are in dire need of staffing assistance.

Audubon New York joins with the Friends of New York’s Environment, a coalition of over 200 diverse organizations, in strongly supporting the increased EPF by expanding the Bottle Deposit Law, and the restoration of the critically important staff for State Agencies. This proposed budget brings the state closer to meeting the growing demand for projects that restore New York’s natural heritage, and closer to our goal of a $500 million EPF by 2010.

Great Lakes St. Lawrence River Basin Water Resources Compact:
In 2001, the Governors and Premiers of the eight Great Lakes States and two Canadian Provinces signed the Great Lakes Annex, a supplementary agreement to the Great Lakes Charter to establish proper management of the Great Lakes water resources. In December 2005, the Great Lakes Water Resources Compact and the Implementing Agreements were signed by the Governors and Premiers, to implement a strong and effective water management plan for the Great Lakes, including protections against water diversions out of the basin and promotion of water conservation measures within the basin, once it is passed by all the state legislatures and Congress. This Legislation passed the Assembly in 2006, making it the first legislative body in the Great Lakes Basin to take action on this important measure.

Community Preservation Act
The Community Preservation Act, sponsored in 2006 by Assemblyman Thomas DiNapoli and Senator Carl Marcellino, would authorize towns in New York State to adopt a transfer tax on certain real property transactions of up to 2% for the purpose of establishing a community preservation fund to use for land conservation. A referendum would be required for participation. In effect, the communities would be authorized to spend this money to provide parkland, safeguard drinking water, protect farmland, habitat and scenic views and other conservation activities. This program is modeled after the successful program established by 5 eastern towns on Long Island, which has provided these communities with much needed funds for land conservation initiatives. The funds could be used to match existing federal or state programs. This legislation passed the Assembly in 2006, but was held in the Rules Committee in the Senate.

Bigger, Better Bottle Bill
Currently, New York’s Returnable Container Act, or Bottle Bill, requires a 5-cent deposit on all soda, beer and wine cooler containers sold in New York State, but does not cover non-carbonated beverage containers, like water, juice, iced tea, or sport drinks. At the time when the bottle bill was first enacted in 1982, these non-carbonated beverages did not exist in the number they do today, which now account for approximately 21% of the beverage market. These non-carbonated beverage containers are now littering the states beaches, parks, Audubon Important Bird Areas (IBAs), and other important habitats throughout New York. The “bigger, better bottle bill” will expand the Bottle deposit law to include these non-carbonated beverage containers, and will also take back the “unclaimed” nickel deposits on the bottles that are not redeemed, and put that money into the state’s Environmental Protection Fund to support recycling and other critically important environmental funding projects. It has been estimated that up to $180 million annually would be returned if these unclaimed nickels were collected by the state.

Smart Growth Infrastructure Policy Act
The Smart Growth Public Infrastructure Policy Act, sponsored in 2006 by Assemblyman Thomas DiNapoli and Senator Kenneth LaValle, helps to correct the pattern of development that has required expensive and expansive infrastructure projects, resulting in the underutilization and degradation of existing infrastructure. This important measure requires state agencies (Like the Department’s of Environmental Conservation, Transportation, Health and others) to make smart development decisions and investments by requiring priority be given to those development projects that utilize areas of existing infrastructure and those that are consistent with local governments' plans for development. This legislation passed the Assembly in 2006, and was not reported out of the Senate Environmental Conservation Committee.

Clean Water Protection/Flooding Prevention Act
The Clean Water Protection/Flooding Prevention Act, sponsored in 2006 by Assemblyman Thomas DiNapoli and Senator Carl Marcellino, decreases the size threshold for DEC regulation of freshwater wetlands to 1 acre or larger, thus increasing the states ability to protect these important ecosystems. This legislation also greatly increases the state’s ability to properly manage these habitats for the benefit of all New York’s citizens, birds, and wildlife by removing the mapping requirements for regulation. Without this increased level of protection, the health of all New York’s water bodies is put at risk. In 2007, Audubon will continue to support any legislative or administrative measures that will increase the DEC’s jurisdiction over these important freshwater resources. This legislation passed the Assembly in 2006, but was held in the Rules Committee in the Senate.

Invasive Species
As described in the recent report of the New York State Invasive Species Task Force, invasive species are a growing problem in New York, and a threat to many unique and irreplaceable ecosystems and species. In 2006, we advocated for legislative and administrative measures to address this growing threat, such as measures to limit ballast water discharges in the Great Lakes and promoting the inclusion of a new funding category within an expanded EPF to support the recommendations of the invasive species Task Force. In 2007, Audubon New York will continue to support legislative or administrative measures to implement the recommendations of the Invasive Species Task Force report, and limit the introductions of invasive species in the Great Lakes.

Healthy, Safe and Energy Efficient Outdoor Lighting Act
The healthy, safe and energy efficient outdoor lighting act, A.7404 sponsored by Assemblyman Pete Grannis and S.4474 sponsored by Senator Marcellino, would reduce the unnecessary lighting of the night sky thus decreasing the threats posed to the migrating birds and wildlife of New York. Through promoting the use of energy efficient lighting products, and ones that reduce light cast into the nighttime sky, this legislation will also decrease the demand for electricity, which will reduce air pollution associated with energy generation, and decrease costs to municipalities and the state. This legislation passed the Assembly in 2006, but was held in the Rules Committee in the Senate.

Restricting Dune Buggy/ATV Access on Coastal Erosion Hazard Zones
New York’s coastal beaches provide an important habitat for endangered and threatened species, such as the Piping Plover. By restricting motor vehicle access on coastal erosion hazard zones, this legislation will benefit the birds and other wildlife that depend on undisturbed beaches to nest, breed and feed, in addition to protecting these habitats from erosion. Therefore, Audubon New York strongly supports enactment of this legislation, A.9165 sponsored by Assemblyman Brodsky, to promote increased protection of New York’s sensitive beaches and coastal IBAs from the negative environmental impacts posed by ATV and ORV use. In 2006, this bill was not reported out of the Assembly Environmental Conservation Committee, and was not introduced in the Senate.

Promote a Sound Smart Growth Strategy for the State
The loss, degradation, and fragmentation of open spaces, farmland, and habitats associated with poorly planned developments are a leading threat to many bird species and Audubon Important Bird Areas (IBA) in New York. Many communities are exploring different options available for conserving and protecting open space, but need increased resources to achieve their goals. To assist communities and organize the many groups working to promote Smart Growth policy in the State, Audubon New York established the New York State Smart Growth Working Group, a coalition of environmental, construction industry, local government, planning, academic, farming, and historic preservation organizations. Currently, Audubon New York is working with the Regional Plan Association and the League of Conservation Voters to develop a detailed Smart Growth program for New York, and we strongly support any administrative action that would:

• Establish an office of Smart Growth within the Governor’s Office, and a cabinet level, Director of Smart Growth.
• Adopt a Smart Growth development plan for the State which provides incentives for strong Smart Growth efforts at the local level.

Climate Change
The threat of global climate change is quickly becoming a leading concern to future survival of bird species, and emerging research is continuing to signal that we are quickly reaching a tipping point. Global climate change has the potential to disrupt the complex ecology of New York’s ecosystems, and drastically alter or destroy key habitats upon which birds depend. New York is at the forefront of this issue, and in 2007 we will advocate for measures to further strengthen the ongoing Regional Greenhouse Gas Initiative (RGGI), and for the implementation of new laws which will reduce New York’s greenhouse gas emissions through incentives for increased use of renewable energy to meet the Renewable Portfolio Standard (RPS) goals, and new efficiency standards for products and vehicles.

Implementation of Laws passed in 2006:

New York Ocean and Great Lakes Ecosystem Conservation Act
New York State’s coastal ecosystems are a critical economic and environmental resource for the State. Ensuring the long term protection, conservation, and sustainable management of these significant coastal resources for future generations is of high importance for all New Yorkers. This legislation, sponsored by Assemblyman DiNapoli and Senator Johnson, set up a Council of State Agencies to coordinate the management of the state’s coastal resources, and enhance the protection of these ecosystems through the use of ecosystem based management. The council is also required to issue a report to the legislature and executive on what changes to state law are necessary to improve management of our coastal resources