The Albany County Legislature passed a local law last week to keep hydrofracking waste out of the county, but some members of the Republican minority are asking the county executive to veto the law on procedural grounds.
Local Law C, which passed by a vote of 30-7, bans the use of hydrofracking waste for de-icing wintry roads in the county and prohibits the treatment of fracking brine in the county’s wastewater and sewage treatment facilities. Yet legislators such as Christine Benedict, R-Colonie, believe the law was too broad in its explanation and that a SEQR (State Environmental Quality Review) should have been conducted prior to a vote. Processing a SEQR would determine the overall environmental impact of the law and how it would affect the county.
“It goes deeper than just, ‘Do I want hazardous wastes on our streets?’ No, I don’t,” Benedict said. “But the law was poorly written.”
Benedict said an environmental review should have been done in order to consider the environmental impacts of the hydrofracking waste before it was brought to the legislature.
Legislator Bryan Clenahan, D-Guilderland, the law’s primary sponsor, said he was disappointed issues were raised on the night of the vote while the law was introduced in April.
“I (asked) the Republican minority and counsel if they had any ideas or suggestions in July … I followed up in their office and didn’t get a call back,” Clenahan said. “I was incredibly disappointed I didn’t hear feedback until the floor of the debate.”
Albany County now joins at least nine other counties in the state that have passed a similar law. Clenahan said none of the other counties conducted a SEQR, nor had issues with their laws.
As for the law being written broadly, Clenahan said he worked very closely with environmental groups to have details and specify the importance of passing the ban in “five paragraphs of legislative intent.” Clenahan also held two public hearings on the law.
“I really thought it was important to get it passed as soon as possible,” Clenahan said. “In general I was very happy it passed. … I think most people recognize the importance for health and safety.”
Legislature Chairman Shawn Morse said he doesn’t believe the law needed a SEQR.
“The Democratic Party is making sure that poisonous chemicals are not being sprayed all over public streets that could actually allow children or other people to come into contact with those chemicals. It is very disappointing that the Republican Party is more concerned about the business than the people they represent,” Morse said.
Mary Rozak, spokesperson for Albany County Executive Dan McCoy, said the county executive has 30 days to hold a public hearing on the issue to see if the law should be vetoed. Rozak said McCoy and his legal team will investigate if an environmental review should have been conducted.
“He’s taking a hard look to make sure that there are no violations. He most certainly will take whatever action is necessary,” Rozak said.
If a SEQR is conducted, Rozak said the cost could range from nothing to $100,000, depending on the size and scope of the project and the anticipated impact on the environment.
Benedict said she thinks the chances of the law being revisited are “slim to none.”
“If someone wanted to bring a lawsuit against the county, they could do that because there was no SEQR. My guess is … (from) everything that I’ve been told and have read, the county would have a case on their hands,” Benedict said.
Clenahan said if McCoy were to veto the law, he would ask the legislature to override the veto.