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Letter: Omission makes law unenforceable

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Very few would disagree with banning the use of harmful materials that pose health risks to Albany County residents.

On Aug. 12 the Albany County Legislature passed Local Law "C" that, in part, bans the "... sale, purchase, or acquisition of natural gas waste within the county. ..."

Unfortunately, the Legislature's action was not permissible without the passage of a mandated State Environmental Quality Review finding.

The Legislature must formulate, review and pass such a determination on the environmental impact of its actions. The mandate requires "... all state and local government agencies to consider environmental impacts equally with social and economic factors during discretionary decision-making." The state Department of Environmental Conservation also says "...No agency .... can make a final decision until the [environmental quality review] process is completed."

It is unfortunate that such an important piece of legislation passed by the Legislature was not presented or acted upon legally. The omission of these findings has rendered Local Law "C" unenforceable.

Christine Benedict

Minority Leader

Albany County Legislature


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