In July, the State Legislature passed sensible legislation that would have given Long Island local governments concurrent jurisdiction over sand mining on Long Island. This is identical to the regulatory framework of concurrent jurisdiction that the State Department of Environment Conservation (DEC) shares with local governments over wetlands protection. The bill implemented the specific recommendation of a Suffolk Grand Jury report on sand mining and illegal dumping issued in 2019. It also followed a Suffolk County Health Department report documenting groundwater contamination at a sand mine in Southampton Town. At the same time, East End Towns are challenging state mining approvals issued by the State DEC for failing to consider local laws and regulations that protect our environment.

The legislation passed the State Assembly 140-2 and the State Senate by a vote of 60-0. Today, it is reported that the legislation was vetoed.

The State DEC was opposed to this legislation. I was willing to compromise on the language of a final bill to protect our drinking water.

In summary, I agreed to alternative language that would have directed the State DEC, together with the State Health Department and local health departments, to study the impacts of mining on drinking water with recommendations to be submitted to the Governor and State Legislature within 2 years of the effective date of the new law. Part of the legislation would also have required a moratorium on mining at sites where the State DEC or a local health department had documented pollution that exceeded state or federal drinking water or groundwater standards.  A copy of the language which was offered is attached. This compromise would

have permitted responsible sand mines, which are critical to the local economy, to continue. Neither the original bill, nor the compromise posed any threat to responsible sand mine owners. The only ones who would have need to fear the new regulations would be the polluters.

The State DEC would not agree to a temporary moratorium on the mining of contaminated sites.

The opposition of the State DEC exposes what East End Towns, civic groups, and environmental organizations have known for years. The commitment of the State DEC to clean water is empty rhetoric. By opposing this legislation, the state agency whose mission is the protection of our drinking water is instead protecting the polluter.

Consequently, I will introduce legislation in the coming weeks to enact the compromise which I offered. We are spending hundreds of millions of dollars to reverse the trend of declining water quality. Those dollars are a wasted investment if at the same time we permit polluters to conduct business as usual.