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COMMITTEE ON THE ENVIRONMENT & ENERGY MINUTES

MINUTES: May 7, 2007

MEMBERS (E&E): Chair: Abinanti; Legislators: Kaplowitz, LaMotte, Rogowsky, Maisano, and Myers.

IN ATTENDANCE: CEO: S. Gerry; LAW: M. Nicolas-Brewster; DEP’T.: T. Lauro (WCDEF); G. D’Agrosa (Water Ag’y.); STAFF: C. Crane, R Pezzullo, N. Rentz.
[List of other meeting attendees is on file.]

Meeting called to order at 3:30 pm.

Item(s) Discussed:

• E&E No. 87 – Lawn Fertilizer Application & Sale Regulations: Proposed Local Law adding a new Article XXVI to Chapter 863 of the Laws of Westchester County establishing regulations for lawn fertilizer application and sale within the County of Westchester.
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Chair Abinanti recognized Acting Commissioner Thomas Lauro to provide an update on the recent sewage spill in Yonkers. Commissioner Lauro described the areas impacted by the spill, the affected infrastructure, and the response efforts by the contractors. Committee members and Mr. Lauro discussed the feasibility of various means to alleviate future spills.

The Committee then considered proposed legislation to regulate the sale and use of phosphorous in fertilizer. Chair Abinanti recognized Susan Gerry, who described comments submitted by regulating agencies concerning the proposed legislation, as well as information developed in other areas that have implemented similar legislation (Minnesota, Wisconsin counties). The Committee reviewed written comments provided by the New York State Office of the Attorney General, USEPA, and NYSDEC on the proposal. Chair Abinanti recognized Michael Meyer, New York City Department of Environmental Protection, who provided NYCDEP’s position on the proposed legislation. Paul Mankiewicz, GAIA Institute scientist, provided comment on scientific aspects of nutrient loading to waterbodies.

The Committee heard from other attendees on the proposal, including environmental advocates, farmers, landscapers, golf course caretakers and fertilizer distributors. Discussion included types of fertilizer (organic vs. inorganic), potential impacts upon farmers, P-loading from deicing, sources of P-loading, availability of non-P fertilizers, best management practices and alternative legislation provisions.

Upon motion by Leg. Rogowsky, which was seconded by Leg. Myers, the Committee voted out the legislation for public hearing only (5-0, aye; Leg. Maisano out).

On the motion of Leg. Kaplowitz, seconded by Leg. Myers, the Committee voted to adjourn the meeting (all in favor, aye). The meeting adjourned at 4:45 pm.

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