New Jersey Environmental Lobby Newsletter January-March 2011

Two Senate Resolutions were less controversial. SR-83, sponsored by Senator Rice, urges the U.S. Congress to dedicate Federal funds to repair aging public water systems in the states. Much of the country’s public drinking water infrastructure suffers from age and lack of maintenance. Water is actually being lost as it is transported through water systems.

SR 98, sponsored by Senator Gordon, urges Congress to enact the Fracturing Responsibility and Awareness of Chemicals Act. In 2005, the Federal Safe Drinking Water Act was amended to exclud hydraulic fracturing from Federal regulation. Hydraulic fracturing (fracking) is the process of injecting water and chemicals at high pressure in order to recover gas from underground rock formations. The proposed Federal bill would remove the exclusion from the SDWA. It would also require natural gas producers to disclose the chemicals that are used in gas wells. A recent study conducted by Duke University found a correlation between fracturing sites and contaminated water wells in Pennsylvania. This subject has been covered by TV and print media, including an extensive report in the New York Times. In last quarter’s newsletter, NJEL reported on a moratorium on new wells in area governed by the Delaware River Basin Commission.

Bag It! - NJEL BeginsScreenings on June 2 – Coordinate a Screening – Become a Sponsor! -

NJEL has completed its purchase of viewing rights for the documentary Bag It! The East Brunswick Public Library and the East Brunswick Environmental Commission will co-host the first screening on June 2 at the Library. Thanks to Board member Lindsey Kayman and to NJEL member (and member of the EB Environmental Commission) Daphne Speck-Bartynski for arranging this. Lindsey and other NJEL Board members are conducting outreach to other towns and organizations that might want to host screenings of this documentary. It carries a serious message within its entertainment. NJEL is providing these screenings with the goal of gaining public acceptance for legislation to reduce the use of single use plastic bags. Currently the BYOBag Group of Sustainable Princeton is developing a Legislative proposal and NJEL intends to promote their efforts with this state-wide education project.

If you would like to coordinate a screening for your organization or host a screening for your friends and neighbors, email to Linda Dickman at njel@earthlink.net or to Board Director Lindsey Kayman. Attached with this newsletter is information about the screenings and Lindsey’s contact information. The information can also be found on our web site. Use the link on the home page.

To effectively cover requests for screenings across the State, NJEL needs to purchase another copy of the film and needs to supplement its volunteer coordinators with staff support. We hope to use free venues and offer screenings for little or no admission charge, but in some cases we may have to pay modest room rentals. As the legislative initiative proceeds, we also will need to devote professional lobbying hours to it. For as little as $15, YOU can be recognized as a “friend” of a screening. Larger contributions will be acknowledged in other categories. You could be listed as an honorary “key grip” or a “directing angel!” Email to njel@earthlink.net if you wish to help sponsor this project. No contribution is too small!

Opposing A-2486, an Attack on New Jersey’s Environmental and Health Safeguards - Previous NJEL newsletters included reports on A-2486, the bill sponsored by Assemblyman Burzichelli, which would prohibit State agencies from adopting -- or even proposing -- any regulation that exceeds federal standards unless State legislators first approved the details of the rules. This bill rejects the principle accepted in the U.S. for decades, that Federal rules are minimum standards that may not be adequate for a densely populated, highly industrialized state like New Jersey. Further, A2486 assumes that part time legislators, with staffs who may lack scientific and technical expertise, are qualified to second-guess the conclusions of scientists, engineers, and medical/health professionals.

After NJEL’s email alert in March, we heard from a number of you about the calls and emails that you sent to Speaker Oliver, urging her not to post A2486 for a vote. Other organizations, including NJEA and the Stony Brook-Millstone Watershed Association also requested that their members contact the Speaker. Although she had already posted the bill, we attribute the delay in a vote to the outcry from voters across the State. Activism DOES affect the decisions of elected officials and we are gratified that NJEL phone calls and emails were a part of that!

Proposals like A2486, the Governor’s “Red Tape Review,” and some Executive Orders, are attempts to blame economic ills on environmental, health, and safety regulations. Special interests see the recession and the credit crisis as opportunities to roll back the environmental protections that get in the way of their business plans. As part of NJWEC’s leadership of the opposition to A2486, it wants to provide answers to the questions and charges about the effect of regulation on the economy. NJWEC will sponsor a workshop on Tuesday, May 31, at the Rutgers Labor Education Center Auditorium, New Brunswick, from 9 AM to 3:30 PM.

The workshop will focus on saving New Jersey’s workplace and environmental protections. The program will address talking points about the real causes of our economic crisis and job losses, and how to dispel the myth that deregulation equals more jobs. The workshop is open to members and friends of NJEL. Lunch is included in the registration fee of $25. A flyer describing the workshop is attached with this newsletter.

REMEMBER!

The New Jersey Environmental Lobby is your voice in Trenton. We are an independent, nonpartisan, nonprofit organization focused on the preservation and protection of a healthy environment for all our citizens. We need your support! JOIN NJEL and help us change the laws!







	President: Anne Poole Legislative Director: Michael Pisauro


	Volume 40 No. 2

	April - June 2011

	Legislative Update - NJEL Legislative Director Mike Pisauro attended the Senate Environment Committee hearing on May 19. Mike testified against S-54, sponsored by Senator Cardinale, which loosens the rules on municipalities’ stream cleaning, clearing, and desnagging activities. Read More ... Bag It! - NJEL Begins Screening on June 2 - Coordinate a Screening - Become a Sponsor! - NJEL has completed its purchase of viewing rights for the documentary Bag It! The East Brunswick Public Library and the East Brunswick Environmental Commission will co-host the first screening on June 2 at the Library. Read More ... Opposing A-2486, an Attack on New Jersey's Environmental and Health Safeguards - Previous NJEL newsletters included reports on A-2486, the bill sponsored by Assemblyman Burzichelli, which would prohibit State agencies from adopting -- or even proposing -- any regulation that exceeds federal standards unless State legislators first approved the details of the rules. Read More ... Forward, Not Back Workshop - Proposals like A2486, the Governor’s “Red Tape Review,” and some Executive Orders, are attempts to blame economic ills on environmental, health, and safety regulations. Read More ... Legislative Update - NJEL Legislative Director Mike Pisauro attended the Senate Environment Committee hearing on May 19. Mike testified against S-54, sponsored by Senator Cardinale, which loosens the rules on municipalities’ stream cleaning, clearing, and desnagging activities. While municipalities are able to undertake certain activities without NJDEP approval, some officials have complained about the requirements for notifying NJDEP, the restrictions that apply to Category 1 streams* and the thresholds for allowable activities. This bill is described as meant to alleviate flooding, but there is no scientific basis for this claim. The increased incidence of flooding is the result of overdevelopment in watersheds and the increases in impervious cover that prevent snow melt and rain water from percolating through the soil. Removing sediment from streams will not control flooding. Currently, municipalities may clear and remove sediment from streams of less than 15 feet in average width, for a length of less than 500 feet. “Sediment removal” and “de-silting” – the terms sound benign and imply remediation. However, this bill would allow significant tampering with stream banks and other ecological elements, activities that could damage the quality of drinking water sources. For instance, most of the public is not aware that the shade provided by trees along streams actually performs a biological function and that there is a consequence when foliage is removed from the southern or western side of a stream. S-54 would increase the average stream width threshold for unregulated clearing to FIFTY feet and would remove the length restrictions. Such engineering could conceivably undermine bridges and have unintended consequences for downstream communities. Since New Jersey enforces the provisions of the Clean Water Act on behalf of the Federal government, this change also raises issues about compliance with EPA regulations. Numerous conservation experts are opposed to S-54, including Captain Bill Sheehan of the Hackensack Riverkeeper and Mark Becker of Bergen SWAN. S-54 is a dangerous, unscientific, and short-sighted attempt to solve a problem brought on by decades of poor land use policies. The New Jersey Administrative Code defines Category 1 waters as those of “exceptional ecological, recreational, and/or water supply significance, or exceptional fisheries resources.” Two Senate Resolutions were less controversial. SR-83, sponsored by Senator Rice, urges the U.S. Congress to dedicate Federal funds to repair aging public water systems in the states. Much of the country’s public drinking water infrastructure suffers from age and lack of maintenance. Water is actually being lost as it is transported through water systems. SR 98, sponsored by Senator Gordon, urges Congress to enact the Fracturing Responsibility and Awareness of Chemicals Act. In 2005, the Federal Safe Drinking Water Act was amended to exclud hydraulic fracturing from Federal regulation. Hydraulic fracturing (fracking) is the process of injecting water and chemicals at high pressure in order to recover gas from underground rock formations. The proposed Federal bill would remove the exclusion from the SDWA. It would also require natural gas producers to disclose the chemicals that are used in gas wells. A recent study conducted by Duke University found a correlation between fracturing sites and contaminated water wells in Pennsylvania. This subject has been covered by TV and print media, including an extensive report in the New York Times. In last quarter’s newsletter, NJEL reported on a moratorium on new wells in area governed by the Delaware River Basin Commission. Mike also attended the Assembly Utilities and Telecommunications Committee hearing. He expressed NJEL’s support for A3893, which is designed to normalize property tax valuations of commercial renewable energy installations. In 2008, a law was passed that prevented additional tax assessments for residential renewable energy systems. Since then, there has been confusion at the local level about how and at what level commercial equipment should be valued. This bill would establish a statewide property valuation based on kilowatts produced. A3893 was sponsored by Assemblymen McKeon and Chivukula. NJEL withheld support for A3992, another bill sponsored by Mr. Chivukula, pending more research by Mike and input from the NJEL Board. This bill modifies P.L. 2009 c. 213, which encourages renewable energy generation on preserved and commercial farms so long as they meet certain requirements. One of the motivations for this bill was the State Agriculture Development Committee’s (SADC) failure to develop regulations for wind energy systems in the three years since the enabling legislation was passed. The SADC is the agency that administers the Farmland Preservation Program. The SADC is charged with ensuring that preserved farmland is used primarily for agriculture. A3992 is opposed by some conservationists, and by the NJ Department of Agriculture as an improper industrialization of preserved farmland. One of Agriculture Commissioner Doug Fisher’s objections is that under this legislation, there would be no review by the SADC for most wind turbines on preserved farms. Bradley Campbell, former NJDEP Commissioner and currently special counsel to renewable energy developer Delsea Energy, testified in support of A3992. Right now, Mike is unconvinced that A3992 will encourage inappropriate large scale wind farms on preserved land. Density is limited to one turbine per 33 contiguous* acres, with setback of at least 750 feet from any occupied dwelling or property line. However, we are concerned that are no explicit environmental rules for the siting of the systems. The bill also would treat all systems (small, medium and utility scale) the same. A 200 to 300 foot high turbine would have the same acreage and setback requirements as the 40-foot high monopole of a residential system, so that a farmer could not have more than one 40-foot high residential turbine on 33 acres. Fairness and reasonableness require that differences in systems be recognized. Certainly brownfields and derelict properties should be used for renewable energy installations, but not all of those properties are feasible for that use. A significant amount of preserved farmland is now in proximity to the residential subdivisions and suburban areas that use electricity. A blanket prohibition on commercial renewable generation on preserved farmland may not be the best policy for New Jersey. We will keep you apprised of NJEL’s analysis of this issue and we welcome our members’ input. In a busy day of hearings, Mike made time to attend the Senate Judiciary Committee hearing and voice NJEL’s opposition to Governor Christie’s appointment of James Rilee, Mayor of Roxbury Township, to the Highlands Council. Mr. Rilee is opposed to the Highlands Water Protection and Planning Act and has been instrumental in blocking Roxbury’s petition of conformance with the Highlands Regional Management Plan. The appointment of Mr. Rilee and other opponents of the Highlands Act is the strategy the Governor is using to subvert the legislative intent of the Act—to prevent overdevelopment of the land surrounding the critical streams that are the sources of drinking water for millions of New Jersey residents. In spite of strong opposition by the New Jersey Highlands Coalition, the Committee approved Mr. Rilee’s nomination. Supporters of the protection of the New Jersey Highlands were disappointed by Senator Sarlo (D-36), who had previously opposed the appointment but switched his position. Because of his flip flop, the nomination proceeded to the full Senate, where it was approved on May 23. In all, four nominees were approved on May 23 and four await action by the Senate. The Coalition is cautiously optimistic that its opposition has derailed the nominations of two particularly vocal opponents of the Highlands Act. Bag It! - NJEL BeginsScreenings on June 2 – Coordinate a Screening – Become a Sponsor! - NJEL has completed its purchase of viewing rights for the documentary Bag It! The East Brunswick Public Library and the East Brunswick Environmental Commission will co-host the first screening on June 2 at the Library. Thanks to Board member Lindsey Kayman and to NJEL member (and member of the EB Environmental Commission) Daphne Speck-Bartynski for arranging this. Lindsey and other NJEL Board members are conducting outreach to other towns and organizations that might want to host screenings of this documentary. It carries a serious message within its entertainment. NJEL is providing these screenings with the goal of gaining public acceptance for legislation to reduce the use of single use plastic bags. Currently the BYOBag Group of Sustainable Princeton is developing a Legislative proposal and NJEL intends to promote their efforts with this state-wide education project. If you would like to coordinate a screening for your organization or host a screening for your friends and neighbors, email to Linda Dickman at njel@earthlink.net or to Board Director Lindsey Kayman. Attached with this newsletter is information about the screenings and Lindsey’s contact information. The information can also be found on our web site. Use the link on the home page. To effectively cover requests for screenings across the State, NJEL needs to purchase another copy of the film and needs to supplement its volunteer coordinators with staff support. We hope to use free venues and offer screenings for little or no admission charge, but in some cases we may have to pay modest room rentals. As the legislative initiative proceeds, we also will need to devote professional lobbying hours to it. For as little as $15, YOU can be recognized as a “friend” of a screening. Larger contributions will be acknowledged in other categories. You could be listed as an honorary “key grip” or a “directing angel!” Email to njel@earthlink.net if you wish to help sponsor this project. No contribution is too small! Opposing A-2486, an Attack on New Jersey’s Environmental and Health Safeguards - Previous NJEL newsletters included reports on A-2486, the bill sponsored by Assemblyman Burzichelli, which would prohibit State agencies from adopting -- or even proposing -- any regulation that exceeds federal standards unless State legislators first approved the details of the rules. This bill rejects the principle accepted in the U.S. for decades, that Federal rules are minimum standards that may not be adequate for a densely populated, highly industrialized state like New Jersey. Further, A2486 assumes that part time legislators, with staffs who may lack scientific and technical expertise, are qualified to second-guess the conclusions of scientists, engineers, and medical/health professionals. After NJEL’s email alert in March, we heard from a number of you about the calls and emails that you sent to Speaker Oliver, urging her not to post A2486 for a vote. Other organizations, including NJEA and the Stony Brook-Millstone Watershed Association also requested that their members contact the Speaker. Although she had already posted the bill, we attribute the delay in a vote to the outcry from voters across the State. Activism DOES affect the decisions of elected officials and we are gratified that NJEL phone calls and emails were a part of that! The subject is not closed, however. The bill is still officially posted and could be voted on at any time. The New Jersey Work Environment Council continues to lead the large coalition of environmental, health, education, and labor organizations that are opposed, trying to convince the sponsors and Speaker Oliver that this is a misguided solution in search of a problem. Forward, Not Back Workshop - Proposals like A2486, the Governor’s “Red Tape Review,” and some Executive Orders, are attempts to blame economic ills on environmental, health, and safety regulations. Special interests see the recession and the credit crisis as opportunities to roll back the environmental protections that get in the way of their business plans. As part of NJWEC’s leadership of the opposition to A2486, it wants to provide answers to the questions and charges about the effect of regulation on the economy. NJWEC will sponsor a workshop on Tuesday, May 31, at the Rutgers Labor Education Center Auditorium, New Brunswick, from 9 AM to 3:30 PM. The workshop will focus on saving New Jersey’s workplace and environmental protections. The program will address talking points about the real causes of our economic crisis and job losses, and how to dispel the myth that deregulation equals more jobs. The workshop is open to members and friends of NJEL. Lunch is included in the registration fee of $25. A flyer describing the workshop is attached with this newsletter. REMEMBER! The New Jersey Environmental Lobby is your voice in Trenton. We are an independent, nonpartisan, nonprofit organization focused on the preservation and protection of a healthy environment for all our citizens. We need your support! JOIN NJEL and help us change the laws! BACK TO TOP