Governor David Paterson's office has withdrawn revisions to the Hudson River-Black River Regulating District's proposed rules for its access permit system and will spend the summer considering the implications they might have on the region's environment and economy.
Deputy Secretary for the Environment Judith Enck said Thursday the schedule that governs any regulations proposed by a state body dictated the governor's office sign off on the changes by Thursday, and she said it was not prepared to do that so soon.
The proposed rules had been sent to the governor's office this week after the Governor's Office of Regulatory Reform had completed its initial review of the state Department of Environmental Conservation's proposed revisions to the rules.
"We're not at all walking away from the issue," Enck said. "We're just going to take a closer look and get a better handle of the long-term implications."
Enck said the office would look further at the issue over the summer, though she said there is no strict timeline on which the office is operating. She said the governor's office would consider the economic effect of the regulations, as well as the effect they could have on permit holders, before taking additional action.
She said it also wants to see how Federal Energy Regulatory Commission settlement negotiations play out between the regulating district and downstream entities to whom the district assesses fees.
The regulating district assesses the entities for headwater benefits they receive from the district's operation of the upstream Conklingville Dam, but a recent court decision said the regulating district did not have the authority to charge some of those fees. Those discussions could have an effect on how the district accrues revenue.
Regulating District Executive Director Glenn LaFave could not be reached for comment Thursday.
Lake residents expressed relief that the governor's office had declared what Enk called a "time-out."
Great Sacandaga Lake Association President Peter Byron called the governor's decision "fabulous," and said much of the credit for Paterson's move should be attributed to local officials who have spoken out and passed formal resolutions against the revisions.
"It's important to take the time-out, and that's what we had asked to have happen," Byron said.
Enck said the outpouring of public comment was "a factor" in the decision to withdraw the rules.
State Sen. Hugh Farley, R-Niskayuna, and Assemblyman Marc Butler, R-Newport, both said they supported the governor's decision and had lobbied for a suspension.
Farley called the proposed revisions "onerous," while Butler said this was an example of the public's voice being heard on a major issue.
In a news release, Farley said, "We've all voiced our concerns that range from the secrecy of how these changes came about, to private property owners' rights, to health concerns. The governor has listened."
He pointed out the proposal has not necessarily been killed, but the regulatory process has been halted.
"That's what we've been asking for all along," Farley said in the news release. "The Hudson River-Black River Regulating District has been holding public hearings and allowing permit-holder input over the past two years for proposed new rules and regulations regarding the Sacandaga permit system. That is the open process that should have occurred when the Department of Environmental Conservation made recommendations to end permit holders' exclusive access. With the governor slowing down the DEC's shocking changes, we are hopefully going back to that open process."
A statement from Batchellerville Bridge Action Coalition President Peter VanAvery said the proposed revisions never should have been proposed to begin with.
"People buy homes in the beautiful Adirondacks to try to escape the worries of daily life, including an economy in crisis, evaporating savings, plummeting home values, two wars, and growing threats to the nation's security," the statement said. "To have appointed - not elected - state officials bring added pressure by threatening property rights is a travesty of democracy."
Among other changes, the proposed rules would restrict lake-front property owners' use of land bordering the water. They would allow the public to use the land if accessed by water. The rules also would restrict "back-lot" property owners' lake access.
Zach Subar covers rural Fulton County news. He can be reached at ruralnews@leaderherald.com.