Statement of NYS Assemblyman Thomas P. DiNapoli
Presented at the United States Senate Environment and Public Works Field Hearing
Convened by Senators Hillary Clinton, Harry Reid, and Lincoln Chafee
Adelphi University, Garden City, New York
Monday, June 11, 2001

I want to thank our own United States Senator -- Hillary Clinton, the new Senate Majority Whip, Harry Reid, Senator Chafee, members of our Long Island Congressional Delegation, and all of the Members of the Senate "Cancer Coalition," for taking the lead in examining the possible connection between the quality of the environment and the health of the public.

I share your concern regarding the incidence of cancers and other serious medical conditions here on Long Island and across the country and their possible environmental connections. I applaud your efforts to address these concerns in forums and hearings such as this.

It is difficult to narrow down the environmental variables, which increase the possibility of greater health risk. However, it has been my privilege to work with so many dedicated and outstanding Long Island leaders and advocates - many will be addressing you today -- who are fighting to address a number of issues which have environmental impact and which evidence strongly indicates have associated -- often long-term -- health impacts.

I would like to take a few minutes to talk about the steps that we are taking in New York State toward reducing the use of and exposure to potential harmful environmental conditions.

I believe many of these actions could be aided and supplemented by the federal government through the creation of a stronger partnership of public and private activities to address these growing concerns.

Last year, your colleague Senator Charles Schumer provided $1 million, through the Environmental Protection Agency (EPA), to enhance New York State efforts in mapping MtBE spills so that we can more effectively address these spills. This initiative was just the beginning of what needs to be done to map environmental hazards in New York State.

A few years ago, the New York State Legislature appropriated $1,000,000 to the State Health Department for cancer cluster mapping. Following a gubernatorial veto, the administration instead indicated it would provide cancer mapping administratively, through the Department of Health (DOH).

To many observers, the DOH process has produced maps that lack sufficient detail to provide the citizens of the State with usable and accurate cancer information.

The NYS Assembly subsequently introduced legislation (A.404) mandating that the New York State Department of Environmental Conservation (DEC) and the Department of Health jointly develop a comprehensive computer-based environmental facility/cancer incidence map plotting system. The legislation requires these agencies to provide detailed information regarding environmental facilities and reported cancer incidences by census block throughout the state. Environmental facilities include sewage plants, hazardous waste facilities, factories and power plants that emit air pollution, and Superfund sites. This data will help researchers and the public look for, analyze and better understand the connection between environmental pollution and cancer rates in the general population.

There have also been efforts at the Federal level to provide accurate information regarding environmental facilities through environmental mapping web sites. The Federal Housing and Urban Development Agency and the EPA maintain environmental-mapping capabilities that identify environmental facilities including the facility name, address, environmental compliance history, chemicals released and permitted emission levels. These efforts are valuable models that could and should be implemented at the state level.

Currently the State Department of Environmental Conservation is attempting to implement a similarly informative web site service. The information available via the DEC web site is limited in that it only provides the identification of a facility at a street address. It does not provide detailed information such as the facility name, type, what chemicals are being emitted, levels of emission, or compliance history.

We believe the federal government through funding and technical assistance could help New York develop a much-needed comprehensive mapping capability. This is an obvious compliment to the National Institute of Health's ongoing breast cancer study.

While these mapping and research efforts are developing, there are other activities that we can take to reduce exposure to contaminants and toxic materials in our environment.

An important issue where the federal government should join with New York -- and California -- is to immediately move to set a schedule toward banning the use of the gasoline oxygenate, MtBE.

In 1999, New York State sent a resolution to Congress, calling for a ban of this oxygenate, which is proven to pollute surface and groundwater supplies. While Congress has not yet acted, last year New York State passed the first law in the nation that bans the use of this contaminant in gasoline sold in our state as of January 1, 2004.

The use of MtBE originated in the effort to reduce air pollution caused by motor vehicles. MtBE was listed as a possible human carcinogen, and unfortunately, as a result of numerous spills, leaks and atmospheric deposition, it has become a ubiquitous contaminant in surface and groundwater throughout New York. On Long Island, for example, it has been detected in 63 of Nassau County's monitoring wells, 55 public supply wells, and more than 250 private wells. The chemical has been discovered at approximately 500 sites on Long Island where spills and leaks involving gasoline have occurred.

This new law was challenged in court by the Oxygenated Fuels Association, but just last week we were pleased to hear that the federal court upheld this law. [Federal District Court Judge Norman Mordue ruled that the Clean Air Act's preemption of state laws for the purposes of motor vehicle emission control does not apply to this New York State law, which is a public health measure designed to protect drinking water quality in the State.]

This is an important victory in our continuing efforts to protect drinking water in New York State as MtBE has been classified by EPA as a possible human carcinogen, and enters groundwater through leaking vehicle gasoline tanks, pipelines, overfilling of tanks, and automobile accidents. The sandy soils of Long Island are particularly vulnerable to MtBE contamination.

I stand before you today to once again call upon Congress to follow the path set by New York and California, and ban the use of MtBE in gasoline to prevent the serious public health, safety, and environmental and economic implications that are associated with continued long-term use of MtBE.

Last year - after seven years of trying -- New York enacted the most comprehensive pesticide notification legislation in the nation. This law requires schools and day-care facilities to establish a pesticide application notification procedure, including notifying parents of their right to be informed 48 hours before pesticides are applied at these facilities. It also allows counties to adopt a local law requiring notification of neighbors before pesticides are commercially applied on adjacent properties and requiring homeowners to flag their yard after applying pesticides themselves.

As a society we need to move away from the widespread use of (several million pounds per year) pesticides and the dependence on toxic and hazardous chemicals in our quest for the greenest lawns, weed free gardens, and elimination of pests and insects. Alternatively, we must find ways, and provide the educational and financial resources to reduce our dependence on these chemicals (i.e. IPM programs) and move to non-toxic products, alternative mechanisms, and a greater focus on preventive techniques.

I am optimistic that through a number of provisions contained in the "Pesticide Neighbor Notification Act" the public will gain a better understanding of the chemicals and contaminants that make-up the pesticides, fertilizers, and herbicides that are being poured, placed, and sprayed around us. This type of public right to know legislation is worthy of replication throughout the country.

There are two other initiatives that are before the State Legislature that I believe people throughout the country, particularly our youngest and frailest citizens, would benefit from and which could be enhanced with federal support:

Here in New York and throughout the northeastern region, local governments have been struggling to eliminate mosquitoes and control the spread of West Nile Virus. However, too many localities have focused too much of their efforts on aerial or ground spraying to control mosquito populations. More proactive methods of combating the spread of the virus including surveillance, public education, environmental monitoring and non-spraying vector control have received inadequate attention.

If enacted, legislation (A.7320) would provide a 75% match for county expenditures of up to $100,000 (from the current maximum of $5,000) for surveillance and monitoring and up to $200,000 (from the current maximum of $50,000) for non-spraying vector control activities.

As regions of the country have specific concerns where pesticide control is necessary, by providing an increased level of funding, the federal government can will help ensure that the health threat is addressed by providing an incentive to avoid the widespread spraying of pesticides when less toxic means are available.

The second bill that I would like to call to your attention also uses financial aid as an incentive to change current practices.

I am currently working with 1 in 9: The Long Island Breast Cancer Action Coalition on legislation (A.8672) entitled, "The Children's Health Incentive Fund. " This legislation would provide school districts with financial aid to help them move away from the use of harmful chemicals in the buildings where our children learn and on the fields on which they play. The bill is designed to offer state funds as an incentive for school districts to use non-toxic products and practices as alternatives to using potentially dangerous pesticides, fertilizers, and herbicides in and around our schools.

While many of the environmentally sensitive products are more expensive and some alternative practices take more time, by offering financial help to the 700 plus school districts in New York to use safer products and practices, our children, school personnel, and the environment will benefit from reduced exposure to potentially dangerous, toxic, and hazardous chemicals.

I thank you for your interest in this most important matter and I am grateful for your consideration and examination of the Long Island community.


STATE OF NEW YORK

7320

2001-2002 Regular Sessions

IN ASSEMBLY

March 21, 2001

Introduced by M. of A. DiNAPOLI, WEISENBERG, GLICK, COLMAN, HOOPER, SCHIMMINGER, DAVIS, GALEF -- Multi-Sponsored by -- M. of A. A. COHEN, COLTON, GROMACK, JACOBS, McENENY, SANDERS, WRIGHT -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to state aid given for mosquito control

the amount of

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 611 of the public health law, as added by chapter 901 of the laws of 1986, is amended to read as follows:

S 611. State aid; mosquito and vector control. 1. Where a county or municipal agency designated by the county health department or partcounty department of health conducts a mosquito and vector {control} surveillance program approved by the department OR CONDUCTS ENVIRONMENTAL MONITORING PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION, it shall be provided state aid reimbursement at {the same percentage rate as basic public health services are reimbursed under paragraph (a) of subdivision two of section six hundred five of this article} A RATE OF SEVENTY-FIVE PERCENT, provided however that, the total state aid reimbursement provided pursuant to this section to such county or municipal agency shall not exceed {five} ONE HUNDRED thousand dollars. The reimbursement provided pursuant to this section shall be made from funds appropriated for the operation of local health departments pursuant to title one of this article.

2. Where a county or municipal agency designated by a county health department or a part-county health department conducts a mosquito and vector control program approved by the department, it shall be provided state aid reimbursement at {the same percentage rate as basic public health services are reimbursed under paragraph (a) of subdivision two of section six hundred five of this article} A RATE OF SEVENTY-FIVE PERCENT, provided however, that the total state aid reimbursement

provided pursuant to this section to such county or municipal agency shall not exceed {fifty} TWO HUNDRED thousand dollars. The reimbursement provided pursuant to this section shall be made from funds appropriated for the operation of local health departments pursuant to title one of this article AND SHALL BE PROVIDED ONLY FOR THE FOLLOWING ACTIVITIES:

(A) ACTIONS UNDERTAKEN TO EDUCATE THE GENERAL PUBLIC ABOUT TECHNIQUES AND STRATEGIES THEY CAN TAKE TO CONTROL MOSQUITO AND VECTOR BREEDING ACTIVITIES ON PROPERTIES THEY OWN OR INHABIT AND ACTIONS UNDERTAKEN TO EDUCATE THE GENERAL PUBLIC ABOUT THE HEALTH AND ENVIRONMENTAL IMPACTS ASSOCIATED WITH PESTICIDE USED FOR MOSQUITO AND VECTOR CONTROL; OR

(B) ACTIONS UNDERTAKEN TO REDUCE MOSQUITO AND VECTOR BREEDING INCLUDING: THE USE OF BIOLOGICAL CONTROL AGENTS SUCH AS, BUT NOT LIMITED TO, MOSQUITO EATING FISH AND PREDATORY INSECTS SUCH AS DRAGONFLIES; THE MODIFICATION AND MANAGEMENT OF MOSQUITO AND VECTOR BREEDING HABITATS; THE USE OF LARVICIDES THAT ARE BIOPESTICIDES THAT ARE REGISTERED PURSUANT TO TITLE SEVEN OF ARTICLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW; AND THE USE OF ALTERNATIVE TECHNOLOGIES SUCH AS, BUT NOT LIMITED TO, MOSQUITO TRAPS.

3. Under {emergency situations} A PUBLIC HEALTH THREAT DECLARATION, the department shall reimburse counties or municipalities at the same percentage rate as basic public health services are reimbursed under paragraph (a) of subdivision two of section six hundred five of this article for the cost of emergency vector control measures as approved by the department. {Such funds shall be made available from funds appropriated for the operation of local health departments, only to those counties or municipalities which have expended all other state aid which may be available for mosquito and vector control and surveillance programs.}

4. ANY FUNDS REIMBURSED BY THE DEPARTMENT FOR ACTIONS RELATED TO WEST NILE VIRUS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO AND/OR SUBDIVISION THREE OF THIS SECTION SHALL BE RELEASED ONLY UPON AN AFFIRMATIVE FINDING THAT:

(A) THE ACTIONS ARE CONSISTENT WITH THE NEW YORK STATE WEST NILE VIRUS RESPONSE PLAN;

(B) THE ACTIONS COMPLY WITH ALL PESTICIDE PERMITS, PRODUCT REGISTRATION AND LABELING PROVISIONS;

(C) THE ACTIONS ARE COUPLED WITH AN ENVIRONMENTAL MONITORING PROTOCOL THAT DOCUMENTS THE EFFICACY OF THE ACTION AND THE DEGREE AND TYPE OF IMPACTS THAT OCCUR IN HUMANS AND OTHER NON-TARGET SPECIES AND ENVIRONMENTAL QUALITY; AND

(D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY ACTIONS THAT WOULD OTHERWISE REQUIRE AN AQUATIC PESTICIDE PERMIT OR FRESHWATER WETLAND PERMIT, SHALL BE CARRIED OUT PURSUANT TO SUCH PERMIT UNDER A PUBLIC HEALTH THREAT DECLARATION.

S 2. This act shall take effect immediately.


STATE OF NEW YORK

8672

2001-2002 Regular Sessions

IN ASSEMBLY

May 7, 2001

Introduced by COMMITTEE ON RULES -- (at request of M. of A. DiNapoli, Wright, Lavelle, Canestrari, Christensen, Colton, Davis, Eddington, Englebright, Gordon, Gromack, Hooper, Matusow, Mayersohn, McEneny, Millman, Nolan, Pheffer, Sidikman, Sweeney, Weinstein, Weisenberg) - read once and referred to the Committee on Health

AN ACT to amend the state finance law, in relation to establishing the children's health incentive fund; and making an appropriation therefor

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Legislative findings. The legislature hereby finds that a significant amount of potentially dangerous chemicals are being used in and around our state's public schools. Exposure to environmental chemicals at school during critical developmental periods has been linked to childhood cancers, asthma, learning disabilities, and hyperactive behavior disorders. Both synthetic pesticides and chemical fertilizers are being used in large quantities in and around our schools. Many of these chemicals are known to cause a variety of illnesses and effect the environment adversely. Absent an incentive based program to use least toxic pesticides and low leaching fertilizers, our children will continue to be exposed to potentially dangerous chemicals. The children's health incentive fund will enable schools to transition to better management practices with least toxic products.

Cutting edge pest control products and natural fertilizers are now available on the market. However, these products are often more expensive to purchase and use. By offering incentives to school districts to adopt these products and practices, the children of New York state and the environment will have reduced exposure to potentially dangerous pesticides and fertilizers.

S 2. The state finance law is amended by adding a new section 83-a to read as follows:

S 83-A. CHILDREN'S HEALTH INCENTIVE FUND. 1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION A FUND TO BE KNOWN AS THE "CHILDREN'S HEALTH INCENTIVE FUND" WHICH SHALL PROVIDE A MECHANISM TO REDUCE CHEMICAL EXPOSURE IN SCHOOLS. SUCH FUND SHALL PROVIDE A MONETARY INCENTIVE TO SCHOOLS FOR THE USE OF LEAST TOXIC PEST CONTROL PRODUCTS AND FERTILIZERS.

2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE AND SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR AMOUNTS UP TO NINETY CENTS PER FULL- TIME ENROLLED STUDENT ANNUALLY FOR THE PURCHASE OF LEAST TOXIC PEST CONTROL PRODUCTS AND FERTILIZERS BY EACH SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOL, PRIVATE SCHOOL OR PAROCHIAL SCHOOL. ANNUALLY, IN ORDER TO QUALIFY TO RECEIVE MONIES FROM THIS FUND, THE SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOL, PRIVATE SCHOOL OR PAROCHIAL SCHOOL SHALL SUBMIT RECEIPTS FOR THESE PRODUCTS AND ANY OTHER RECORDS OR FORMS REQUIRED BY SUCH DEPARTMENT PURSUANT TO RULES AND REGULATIONS.

3. THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL PROMULGATE RULES AND REGULATIONS SPECIFYING PRODUCTS ELIGIBLE TO RECEIVE MONIES FROM THIS FUND. SUCH PRODUCTS SHALL INCLUDE ONLY THE FOLLOWING:

(A) LOW-WATER SOLUBILITY AND SLOW-RELEASE, FERTILIZERS, SOIL CONDITIONERS AND COMPOST WHERE LOW-WATER SOLUBILITY MEANS THIRTY PERCENT OR MORE OF TOTAL NITROGEN SHALL BE WATER INSOLUBLE OR CONTROLLED RELEASE. FERTILIZERS, SOIL CONDITIONERS AND COMPOST DERIVED FROM OR COMPRISED OF HUMAN SEWAGE SLUDGE OR SEPTAGE SHALL NOT BE ELIGIBLE TO RECEIVE MONIES FROM THIS FUND;

(B) NONVOLATILE RODENTICIDES IN TAMPER RESISTANT BAIT STATIONS;

(C) SILICA GELS THAT DO NOT CONTAIN SYNTHETIC PESTICIDES OR SYNERGISTS;

(D) PESTICIDES CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 C.F.R. PART 152.25;

(E) BORIC ACID; AND

(F) HORTICULTURAL OILS THAT DO NOT CONTAIN SYNTHETIC PESTICIDES OR SYNERGISTS AND THAT ARE NOT PETROLEUM-BASED.

S 3. The sum of three million dollars ($3,000,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury in the general fund to the credit of the state purposes account not otherwise appropriated to the department of environmental conservation for the purpose of complying with the provisions of section two of this act. Such funds shall be payable upon the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of environmental conservation or his or her duly designated representative in the manner prescribed by law.

S 4. This act shall take effect immediately and apply to school years beginning on or after July 1, 2001.