As with all State of the State addresses, Governor Hochul’s covered a wide range of issues, large and small, having both regional as well as statewide appeal.  Her speech understandably focused on the pandemic and health care, followed by her plans to curb gun violence, help stimulate economic development, increase the state’s housing stock, and tackle the threat posed by a rapidly heating planet.

Her plans offered new ideas in each of those areas, but one was particularly innovative.  Among the governor’s plans was a proposal to ensure that within a few years all new buildings in New York would be powered by electricity, not rely on fossil fuels.  If enacted, it would result in a first-of-its-kind statewide ban on natural gas hookups in all new buildings.  In effect, the plan means that new buildings could have not oil or gas burners for heat or hot water, nor could they have gas stoves.

Why focus on buildings?

Emissions associated with electricity, heating, and cooling for residential and commercial buildings account for a large portion of climate emissions.  According to a UN study, the building sector was responsible for 38% of carbon emissions globally in 2019 – by comparison, the transportation sector accounted for 24% of global emissions.

This trend can also be seen in the United States and in New York.  According to the Center for Climate and Energy Solutions, fossil fuel combustion attributed to residential and commercial buildings accounts for nearly 30% of total U.S. greenhouse gas emissions.  The number is even more stark in New York:  According to the state’s energy research agency (NYSERDA), 60% of New York’s greenhouse gas emissions are from heating, cooling, and electricity for buildings; in New York City buildings account for a whopping 71% of emissions.

As part of her climate proposals, the governor pointed out that only about 20,000 New York homes install modern electric heat pumps for heating and cooling each year.  Instead, she committed the state to a minimum one million electrified homes and up to another one million electrification-ready homes by 2030.

The governor’s proposal comes on the heels of New York City becoming the largest locality in the United States to ban gas hookups in new buildings.

Of course, the fossil fuel industry opposes anything that limits the use of oil and gas.  Their arguments are self-serving and forestall action to combat climate change.  That’s to be expected and rejected.  But another argument that has been used is one of cost.

Yet, the evidence undermines that concern.  Installing heat pumps in new buildings now costs about the same as new gas infrastructure.  A wide variety of fossil free buildings are already built or under construction in New York.  Everything from deeply affordable housing to skyscrapers are being built to operate fossil free.  As reported in The Wall Street Journal, “New all-electric homes are cost-competitive with those that use gas in many parts of the country.”

Thus, building clean currently costs effectively the same as building dirty.  And it is that persuasive argument that led New York City, San Jose, Seattle, Oakland, San Francisco, and Sacramento to enact bans on new gas hook ups.

Although the governor’s proposal would be trailblazing at the state level, it wouldn’t take effect for five years, in 2027.  New York City also set 2027 as the deadline for large buildings, but buildings shorter than seven stories will have to stop being built with gas burners and stoves by 2024.

As the governor’s plan works its way through the legislative process, ensuring that the program kicks in as soon as possible will be critical.  When it comes to climate changes driven by global warming, there is no time to waste.

This week, Governor Hochul delivers her first “State of the State” address.  This speech is delivered annually and is modeled on the more well-known “State of the Union” address that the President delivers to Congress later this month.

The state Constitution requires that the governor “shall communicate by message to the legislature at every session the condition of the state and recommend such matters to it as he or she shall judge expedient.”  In modern times, governors have issued their recommendations in a speech, usually delivered on the first day of the legislative session.  That’s January 5^th this year.

Governors use the State of the State address to help frame what they believe to be the most important issues facing the state and their proposed solutions.  The speech itself rarely gets into too much detail on how those solutions will work or be paid for (that’s left for the budget presentation), but the address does offer the governor the “bully pulpit” to focus legislators’ – and the public’s – attention on her agenda.

It’s a given that the governor will discuss the ongoing COVID pandemic and how she proposes to respond to it.  Of course, that is appropriate, but there are other urgent issues about which the public needs to hear the governor’s plans.

Even though this year’s state budget looks flush – thanks to the various federal stimulus programs – the state’s finances were shaky going into the pandemic and without additional federal help the governor will need to put in place revenue measures to combat projected out-year deficits.  It’s unlikely that this issue will come up in the address – revenues are usually discussed in the context of the governor’s proposed budget – but there are programs that are teetering on the financial brink right now and need her attention. 

The most obvious is higher education.  While the big public and independent universities are in reasonably good financial shape, the same cannot be said for four-year colleges and community colleges.  Many of these campuses are on the ropes.  Community colleges, in particular, have seen staggering loses in student enrollment and thus face serious financial problems. 

The issue goes beyond educating the next generation – as important as that is.  In many of the most hard-hit communities, local colleges are a significant employer and economic engine.  Unlike many of the recent, highly touted, economic development schemes, public investments in higher education pay off in a big way.  Letting the higher education system wither makes no sense.

New Yorkers need to hear how the governor will tackle the hemorrhaging budgets of New York’s four- and two-year colleges.

The governor ascended to the position due to scandals that forced her predecessor to resign.  The prior Administration’s unprofessional and unethical behaviors were allowed to go on unabated due to failures of ethical oversight.  The governor has pledged to get rid of the state’s current ethics watchdog – the Joint Commission on Public Ethics – and replace it with something new and effective.  Other watchdog offices, like the Inspector General need to be overhauled, as well.

New Yorkers can’t wait to hear the plans.

While COVID forces us to face the immediate dangers of a raging pandemic, climate change poses a far greater threat in the long run.  For decades, the oil, gas, and coal companies knew of the dangers of global warming from the burning of fossil fuels but did nothing to restrain their activities or alert the world to the danger.  Now a rapidly-heating planet threatens the world as we know it.  It’s clear that money will have to be spent to mitigate and adapt to these threats.  Let’s hope that the governor advances a plan that makes the climate polluters pay for the damages that they have caused.

China now refuses to accept wastes from the United States.  The nation needs to enhance recycling programs to reduce the amount of waste it generates.  Here in New York, the state will celebrate the 40^th anniversary of its best recycling and anti-litter program — the Bottle Deposit Law.  Will the governor propose initiatives to modernize the law, including expanding the types of containers covered?

Recent elections have fully exposed New York’s flawed system of elections administration.  Relying on the two major political parties to run elections in New York has resulted in cronyism, scandals, and an erosion of the public’s trust.  Will the governor offer plans to move the system away from two-party control and to a system that relies on independent, non-partisan one?

COVID is not the only health threat.  There’s another: The slow-moving pandemic caused by antibiotic-resistant infections.  By mid-Century deaths caused by antibiotic-resistant infections may surpass those caused by cancer.  The COVID pandemic has underscored the need for forward thinking public health programs.  We’ve learned we can’t play catch up on public health.  Will the governor offer a plan to reorganize the state’s system of monitoring public health threats – most notably by focusing on the growing threat posed by antibiotic resistant microbes?

Lastly, New York’s sputtering, Byzantine court system more reflects partisan dealing making than a rational system.  Will the governor advance a plan to reorganize the court system?

Those issues and more load up the governor’s plate.  In a few days New Yorkers will finally know what this governor views as priority issues and how she plans to tackle them on behalf of all New Yorkers.

Last week, Governor Hochul acted on a half dozen pieces of legislation that covered drinking water supply safety, lead exposure in school drinking water, plastic waste, reducing greenhouse gas emissions from the agricultural sector, pesticides in kids’ summer camps, and fracking wastes being used on roadways.  She got five right and one – the use of fracking waste – wrong.   

Arguably, the most important bill that the governor approved was legislation that closes a longstanding federal loophole that excludes public water systems serving fewer than 10,000 residents from having to test for emerging contaminants.  By including a specific list of emerging contaminants that have already been detected in New York’s larger public water supplies and giving a deadline for the New York Health Department to establish the testing list, this bill ensures that all New Yorkers will know what’s in their public water sources.   (You can review contaminants found in NYS’s drinking water at https://www.nypirg.org/whatsinmywater/.)

In the second bill, the governor also approved legislation dealing with lead exposure.  Lead is a neurotoxin that is particularly damaging to infants, toddlers, and young children.  In addition to causing myriad health problems, lead exposure harms children’s intellectual development and causes behavioral issues, interfering with their ability to focus and learn in school.  Unfortunately, many public school buildings in New York have lead components in their plumbing systems resulting in children being exposed to lead in the school water used for drinking and food preparation.  This legislation tightens testing requirements and standards pertaining to lead in school drinking water.

A third bill deals with protecting agricultural soil.  According to the world’s leading climate scientists, in order to limit global warming to under 3^o F, greenhouse gas emissions will have to be cut dramatically across all sectors.  In order for New York State to achieve its critical climate goals and align with global climate science, cutting pollution from the agricultural sector will be a key component.  This legislation would help accomplish this by enabling the Department of Agriculture to encourage soil health practices.  Such practices will help store and draw carbon from the atmosphere, prevent erosion and flooding, and protect water quality.

The fourth addresses plastic waste by banning hotels from providing small plastic bottles that contain shampoos, conditioners, and more.  According to a recent report, experts estimate that over eight million tons of plastic waste ends up in the world’s oceans each year, and that amount is likely to increase dramatically over the next decade unless states and nations act.  The average American throws out 185 pounds of plastic every year.  Reducing plastic waste by hotels will help deal with the growing tide of plastic use. 

The fifth deals with pesticide use in summer camps.  Pesticides are designed to have a biological impact.  Consequently, pesticides have toxic effects not only on the plants and animals they are designed to control, but also on humans. 

Infants and children are particularly sensitive to the toxic effects of pesticides for a variety of reasons:  The liver and kidneys in infants are incapable of removing pesticides as well as adults, children take more breaths per minute increasing inhalation of pesticides, infants and children spend more time on the ground where pesticides are applied, and children are more likely to put various objects in their mouths.  

This bill extends current restrictions on the use of pesticides in schools and day care centers to summer camps.  Camps often offer outdoor environments that include manicured lawns, playgrounds, and athletic fields.  The bill dramatically reduces the use of pesticides around children.

Unfortunately, the governor chose to veto legislation that would ban some of the most dangerous oil and gas wastes from being used on roadways.  Currently, the state permits the use of oil and gas liquid wastes as road deicers used by 33 different cities, towns, and private entities.  Any waste generated through the extraction of oil or gas can contain a number of pollutants, such as toxic chemicals, metals, excess salts, and carcinogens like benzene, as well as radioactive materials. 

Using this waste on highways threatens water quality in New York – run-off from rain or snowmelt could lead to the dangerous constituents in the waste ending up in waterways or groundwater.  The governor’s veto of this bill undermines her other thoughtful actions to safeguard drinking water supplies.

This last issue is likely to come back in the new legislation session – unless the Hochul Administration acts using its regulatory power to ban the use of fracking wastes on roads.  Here’s hoping that she does so.

This week marks the beginning of winter.  For the next few months, the northern hemisphere will experience its coldest temperatures.  For some, the cold will add to the misery of dark days.  For outdoor winter enthusiasts, the next few months will be their happiest.

Winter brings big snowstorms, most notably in the New York and New England regions, with powerful storms coming up the Atlantic coast known as “Nor’easters.”  These snowstorms generate heavy snowfalls in the northeastern United States.  They also cause the biggest increases in storm surges along the coasts.  These wintertime storms push more water to the coast, raising high tides even higher than normal.

The world’s climate experts have estimated that global mean sea levels rose by nearly eight inches between 1901 and 2018.  Those experts, part of the United Nations’ Intergovernmental Panel on Climate Change, posit that sea levels have risen faster over the last hundred years than any time in the last 3,000 years.

They expect this acceleration to continue.  They estimate an additional 6-9 inches of sea level rise by 2050.  Beyond 2050, however, the amount of sea level rise will largely depend on future greenhouse gas emissions. 

That increase will be felt differently across the globe.  So, while the IPCC report’s projections are for global mean sea level for the year 2100, most coastal locations will experience a sea level rise within plus or minus 20% of the projections.

Here in New York, the state’s coasts have seen a sea level rise of 9 inches in the past century. 

In places like New York City, climate change mitigation measures can be complex because of the city’s location and its extensive network of underground subways.  With more than half of the state’s residents living in the greater New York City area, sea level rise puts people, resources, and the state’s economy at risk.   The state is planning over $4 billion in sea level rise solutions, which include raising roads, fixing drainage, and building seawalls.

And the speed of rise has accelerated over the last ten years and it’s now rising by 1 inch every 7-8 years.  Around Battery Park in Manhattan, it took the sea level 48 years to rise by 6 inches.  Scientists forecast that in just the next 14 years, the sea level will have risen by another 6 inches.

Which brings us back to “Nor’easters.”  As mentioned, those storms are so intense that they drive higher-than-normal sea level rise.  In places like New York City, these tides are typically over a foot and a half higher than normal high tides.  Add that to the increase in sea level due to global warming, and New York is looking at unprecedented flooding.

Higher sea levels create a higher launching point for storm surge.  These seemingly small changes in sea level rise are enough to turn what were 100-year storm surges into much more frequent events.  In fact, in a third of 55 coastal sites studied throughout the U.S., 100-year storm surges will be 10-year or more frequent events by 2050.

In 2012, Hurricane Sandy made landfall and caused $50 billion in damages to the state. Without sea level rise, Hurricane Sandy’s 9.5-foot storm surge would have been lower.  This past August, the remains of Hurricane Henri drenched New York with record-busting torrents of rain.  Little more than a week later, the remnants of Hurricane Ida shattered even those records, causing devastating damage and tragically drowning New Yorkers in their own cars and homes.

Of course, sea level rise and more powerful storms are not the only threats.  Extreme heat is the number one weather-related killer in the United States, responsible for more than 130 deaths in New York City per year, a number that could increase to more than 3,300 deaths annually by 2080 if action is not taken.  Already the number of days reaching 90°F or more is increasing from an average of 18 per year between 1971 and 2000 to as many as 33 days per year by the end of the current decade.  This extreme heat necessitates urgent investments in mitigation and adaptation and will lead to a substantial increase in medical costs, ER visits, and deaths.

Researchers have estimated the potential economic costs of climate change impacts: “Climate change costs in New York State for the sectors analyzed in this report may approach $10 billion annually by mid-century.” 

As Governor Hochul and state lawmakers plan to return to take up policymaking duties next month, it is vital that they continue to ensure that New York leads in the nation in battling climate change and that those most responsible for the world’s damaged planet – the fossil fuel industries – are forced to wind down their business model and to underwrite the costs needed for the state, the nation, and the world to mitigate and adapt to unfolding climate catastrophes.

Let’s make this winter memorable for something other than “Nor’easters” – enhanced climate protections paid for by the oil and gas industries.

As 2021 heads toward its conclusion, Governor Hochul faces a public health decision deadline.  Under New York State law, legislation that was approved during the 2021 legislative session must be sent to the governor for her approval by the end of the calendar year.  Nearly 900 bills were approved by both houses of the Legislature during the 2021 legislative session and this week many bills moved to the governor’s desk for her consideration.

There are critically important issues that remain undecided as of mid-December.  One example is legislation to better monitor the state’s drinking water supplies.

Lawmakers approved legislation to close a longstanding federal loophole that excludes public water systems serving fewer than 10,000 residents from having to test for emerging contaminants.  

Emerging contaminants are unregulated chemicals that the US Environmental Protection Agency (EPA) believes may have negative health consequences and are suspected to be in drinking water supplies.  A recent analysis of EPA data by the NY Public Interest Research Group found that 176 water systems, impacting 16 million New Yorkers, detected one or more emerging contaminants.  Every region in New York State had been impacted.

However, this is based on limited data.  Over 2,000 water systems, serving nearly 2.5 million New Yorkers, have not had any emerging contaminant testing of toxic chemicals on the most recent federal emerging contaminant testing list.

In response, state government vowed to close the loophole that exempts small water systems from testing for emerging contaminants.  In 2017, legislation was approved that directed the Department of Health to create an emerging contaminant monitoring list for New York and require testing in all systems regardless of size.

Four years later, the law hasn’t yet been fully realized.

This past month, EPA announced that PFOA and PFOS, two toxic chemicals that have polluted drinking water across New York, are far more dangerous than the agency previously thought.  PFOA and PFOS are just two out of over 9,000 chemicals in the PFAS family, many of which are linked to similar harmful health effects, persist in the environment, and build up in the human body. 29 PFAS are currently detectable in drinking water using EPA-approved methods.

After reviewing the latest scientific evidence, EPA determined that safe levels of exposure to PFOA and PFOS are actually thousands of times lower than their current health advisory level.

Yet despite the risk to public health, New York only requires testing and notification for two PFAS chemicals in drinking water (PFOA and PFOS).  There are no drinking water protections for the other 27 detectable PFAS, despite well-documented risks to human health from these chemicals as well. 

New York learned about the testing loophole the hard way.  In 2015, it became public knowledge that a small community in upstate New York, Hoosick Falls, had unsafe levels of the chemical PFOA (perfluorooctanoic acid), exposure to which has been linked to developmental effects to fetuses, thyroid disorders, ulcerative colitis, high-cholesterol, preeclampsia, and kidney and testicular cancer. 

Hoosick Falls has a population of approximately 3,500 residents – so it didn’t learn of the toxic chemical in its water supply that was making residents sick as a result of EPA or New York State required testing.  Instead, Hoosick Falls discovered this chemical because of the initiative of a private citizen concerned about illnesses in the community.

The longer New York goes without statewide emerging contaminant testing of public drinking water supplies, the longer residents remain in the dark about the quality of their water, and the greater the chances residents get exposed to unsafe levels of contaminants.  (By the way, to see what contaminants are found in drinking water supplies, NYPIRG offers that information on its website, https://www.nypirg.org/whatsinmywater/.)

The state Department of Health could require testing of these chemicals, but it has failed to use its existing authority to comprehensively do so.  As a result, this past June the State Legislature approved legislation that requires every water utility to test for the remaining 27 PFAS chemicals as well as testing for 13 other contaminants identified by the US EPA as posing risks to human health.

Governor Kathy Hochul has not yet signed this bill, but the legislation was delivered to her office last week.  The clock is now ticking on that drinking water testing legislation.  It’s clear that the longer New Yorkers are exposed to PFAS or other contaminants in their drinking water, the greater the likelihood that such exposure could make them sick.  Requiring comprehensive testing is the first step toward protecting New Yorkers.  If you don’t know you have a problem, you can’t address it.  Let’s hope that first step is taken.