The New York Environmental Lawyer, Spring/Summer 2016

The legislative summary below was published in the student-written and -edited ‘Recent Decisions and Legislation in Environmental Law’ portion of the Spring/Summer 2016 issue (vol. 36, no. 1) of The New York Environmental Lawyer, a publication of the New York State Bar Association’s Environmental Law Section.

New York State Environmental Sustainability Education Act, S.1437 

The Environmental Sustainability Education Act (the “Act”) would require the New York State Education Department to establish a program “to guide the development, implementation, and evaluation of a comprehensive environmental sustainability education program” for public schools, as well as assist schools in developing curricula and training staff to adequately prepare students for participation in building a sustainable future.[i] The program would be jointly developed between the State Education Department and the Department of Environmental Conservation, in order to promote sustainable concepts and improve understanding of environmental issues.[ii] The Act provides specific principles to which educational programs would be required to adhere, including ensuring students develop an ethic of personal responsibility towards all aspects of the environment. The Act would apply to all age groups covered by the K-12 state curriculum, with the Department of Education reserving the right to tailor program requirements to particular grade levels.[iii]

If passed, the Act would become effective immediately.[iv] As far as fiscal implications, the bill’s sponsor states that the Act would impose “minimal costs” to the State Education Department and the State Department of Environmental Conservation.[v]

The Environmental Sustainability Education Act, sponsored by Sen. Kevin Parker (D-21) was introduced in various forms during previous legislative cycles.[vi] Sen. Parker urges in his memorandum of support that sustainability education is needed in that it “will free [children] from the destructive habit of pitting nature against people and of ignoring the ethical precept that everyone has an equal right to a clean and safe environment,” further arguing that sustainability education is the “only feasible solution to environmental degradation and economic injustice.”[vii] As of March 2016, this bill has yet to pass either house of the New York State Legislature, and remains in the Senate’s Committee on Environmental Conservation.[viii]

Endnotes
[i] New York State Environmental Sustainability Education Act, S. 1437, 238th N.Y. Leg. Sess. (2015), http://www.nysenate.gov/legislation/bills/2015/s1437.
[ii] S. 1437 at § 4.
[iii] Id.
[iv] Id. at § 5.
[v] Memorandum in Support of S. 1437, http://www.nysenate.gov/legislation/bills/2015/s1437.
[vi] Id.
[vii] Id.
[viii] See real-time bill updates at http://www.nysenate.gov/legislation/bills/2015/s1437.

The New York Environmental Lawyer, Fall/Winter 2015

The legislative summary below was published in the student-written and -edited ‘Recent Decisions and Legislation in Environmental Law’ portion of the Fall/Winter 2015 issue (vol. 35, no. 2) of The New York Environmental Lawyer, a publication of the New York State Bar Association’s Environmental Law Section.

The Ratepayer Protection Act of 2015, H.R. 2042

The Ratepayer Protection Act of 2015 would grant an extended compliance date pending judicial review for any EPA final rule addressing carbon dioxide emissions from fossil fuel-fired power plants.[1] It would also allow States to protect households and businesses from electricity rate increases.[2] The Act applies to existing fossil fuel-fired electric utility generating units as defined under section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)).[3]

The compliance date extension would begin sixty-one days after notice of promulgation of the final rule appears in the Federal Register, ending on the day upon which judgment becomes final and is no longer subject to further appeal or review.[4]

The Ratepayer Protection Act of 2015 also provides that no State shall be required to adopt a state plan, and no State shall become subject to a federal plan if its respective governor determines that implementation of the state or federal plan would have a significant adverse effect on the State’s residential, commercial, or industrial ratepayers.[5] The determination of a plan’s potentially adverse effects requires the consideration of rate increases associated with a state or federal plan, as well as other rate increases associated with environmental requirements.[6]

Alternatively, a State may avoid complying with a federal plan if its governor determines that implementation of the plan would have a significant adverse effect on the reliability of the State’s electricity system.[7]

The Act requires that either of these determinations be made in consult with the State’s public utility commission; environmental protection, public health, and economic development agencies; and Electric Reliability Organization as defined in section 215 of the Federal Power Act (16 U.S.C. 8240).[8]

The Act also requires that, in implementing any final rule, the Administrator of the EPA treat hydropower as renewable energy.[9]

The Ratepayer Protection Act of 2015, sponsored by Rep. Ed Whitfield (R-KY), passed the House of Representatives on June 24, 2015.[10] Republican lawmakers promote the bill as a way to protect economies, consumers, and states.[11] Democrats have criticized the bill, saying it would stall the implementation of the Clean Power Plan and spur frivolous lawsuits.[12] President Obama has pledged to veto the bill if it passes the Senate.[13]

 Endnotes
[1] Ratepayer Protection Act of 2015, H.R. 2042, 114th Congress, available at <http://www.gpo.gov/fdsys/pkg/BILLS-114hr2042rds/pdf/BILLS-114hr2042rds.pdf&gt;.
[2] H.R. 2042 § 3.
[3] Id. at § 2.
[4] Id.
[5] Id. at § 3.
[6] Id.
[7] Id.
[8] Id.
[9] Id. at § 4.
[10] See H.R. 2042.
[11] Timothy Cama, GOP assails EPA ‘power grab’ ahead of vote to slow climate rules, The Hill (June 24, 2015), <http://thehill.com/policy/energy-environment/245992-gop-epa-climate-rule-a-power-grab-unprecedented&gt;.
[12] Id.
[13] Id.