Statement on Governor Cuomo’s veto of bill to protect 41,000 miles of NY’s headwater streams and creeks

OSSINING, NY — Governor Andrew Cuomo has vetoed legislation that will extend the Department of Environmental Conservation’s Protection of Waters Program to class C streams intended to provide oversight to projects which may disturb stream banks or beds. Class AA, A, B and C trout streams already require permits for covered activities. Riverkeeper and our partner organizations have documented waterways across the Hudson River Estuary and New York that are misclassified, leaving our drinking water sources vulnerable to pollution. For example, Peekskill’s water supply source, Peekskill Hollow Brook, is misclassified as an unprotected Class C waterway when it should receive the protection afforded to Class AA and A waterbodies which protect drinking water sources.

“Governor Cuomo passed up a real opportunity to safeguard tens of thousands of miles of headwater streams and creeks in New York,” said Riverkeeper Legislative Advocacy Manager, Jeremy Cherson. “Half of New York’s streams are vulnerable to degradation and are not protected by DEC’s Protection of Waters Program, leaving them vulnerable to disturbance and destruction. This veto was a mistake, since it is cheaper to protect streams proactively than spend far more later to restore them once the damage is done. We urge the Governor to work with the legislature to protect our drinking water and fish habitat by strengthening the Protection of Waters Program.”

The legislation, S5612A/A8349 is sponsored by Senator Pete Harckham and Assemblyman Sean Ryan. The legislation passed the state senate in both the 2019 and 2020 session, while passing in the Assembly in 2020.