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President: Anne Poole
Legislative Director: Michael Pisauro

Oct-Dec 2006 News
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Volume 37 No. 2
April-June 2006 News
April - June 2008
Jan-March 2006 News
New Jersey's State Budget Crisis May Result in Closures
and Reduced Hours at State Parks -

NJEL's Legislative Director, and a number of NJEL members attended a rally at the State House to protest the closure of a list of State Parks and historic sites because of a lack of funding.
Read More ...

Proposed Permit Extension Bills Threaten Environmental Protection in New Jersey -
Bills were introduced in the Assembly and the Senate that would extend permits for projects given regulatory approvals but not started before the permits' expiration dates.
Read More ...

Legislative Update - by Michael L. Pisauro, Legislative Director
An assortment of proposals were introduced in support of renewable energy, although some of the details of the measures are not wholly satisfactory to us.
Read More ...

New Staff and Board Members for NJEL - by Anne Poole
It was with great regret that NJEL and EEF accepts the resignation of Daphne Speck-Bartynski from both Boards.
Read More ...

Collaborations -
Mike Pisauro authored joint comments to NJDEP from NJEL, the NJ Environmental Federation, and New Jersey Sierra Club regarding the New Jersey Pollutant Discharge Elimination System.
Read More ...

Wind Energy News -
Check out the Rowan University Clean Energy Program Website!
Read More ...

EEF News -
The 2007-08 school year is coming to an end. EEF reached approximately 1000 elementary school children with the watershed model and presentations.
Read More ...


New Jersey's State Budget Crisis May Result in Closures and Reduced Hours at State Parks -

NJEL's Legislative Director, and a number of NJEL members attended a rally at the State House to protest the closure of a list of State Parks and historic sites because of a lack of funding. In addition to nine parks that would be closed, others would have drastically reduced days and hours of operation. The plan to close parks to help plug the State's budget deficit is ironic, given the fact that in November 2006, the voters approved dedicating a portion of existing taxes to capital improvements and maintenance at parks and historic sites.

The savings to the $33 BILLION State budget? Depending upon how the plan is implemented, $4.5 to $8.8 million. The portion of State operating money devoted to parks operations and maintenance? $34 million or a whopping 1% of total budgeted spending! To achieve that small impact on the State budget, the public will be shut out of some of New Jersey's most well-known sites. Access to the known physical and mental benefits of recreational activities in outdoor natural environments, particularly for residents of dense urban areas, will be reduced.

This comes after voters approved a November 2007 measure to provide funding for another year of open space preservation. As was noted in the NJEL newsletter at that time, the open space funding measure passed by a surprisingly narrow margin. On a county-by-county basis, it was voted down in nine counties, including some in the critical Pinelands and Highlands regions, where one would expect support for protection of drinking water supplies and preservation of unique ecology. Feedback to NJEL from the public, even from some who described themselves as environmentalists, indicated that many voters are distrustful of the stewardship of both capital (acquisition) and operating funds at all levels of government. This will not improve the public's perception of State management of public resources.

The cutback plan includes gems in the State's inventory of recreational and historic properties-High Point State Park (closed!) Monmouth Battlefield (closed!), Washington Crossing State Park (operations reduced!), Brendan T. Byrne State Forest -formerly Lebanon State Forest (closed! except for limited trail access). Nine locations would be closed entirely, three would have be partially closed, and all others would have reduced operating hours. All, except Liberty and Island Beach State Parks, would be closed on Mondays and Tuesdays from November 1 until April 1. Forget snowshoeing through High Point. You know those mild November and December Days in the Delaware Bay and lower Cape regions? Forget about visiting or walking a trail. This, of course, while New Jersey promotional materials, also paid for by the taxpayer, tout these locations to residents and vacationers from other states.

Closing recreational and historic sites will only reinforce the public's disenchantment with State government. The taxpayers, including visitors who pay sales and occupancy taxes, have financed New Jersey's public parks and historic sites and they deserve access to them.

The public is calling on the Governor and Legislative leaders to exercise leadership in setting budget priorities. Hacking away at a miniscule part of State spending that directly benefits the public is not going to plug a multi-billion dollar budget hole.

Proposed Permit Extension Bills Threaten Environmental Protection in New Jersey -

Just prior to Memorial Day weekend, bills were introduced in the Assembly and the Senate that would extend permits for projects given regulatory approvals but not started before the permits' expiration dates. Sponsored by Senators VanDrew and Sarlo and Assemblymen Greenwald and Malone, the "Permit Extension Act" was justified on the basis of "economic growth" but they are giveaways to development interests. The rationale for the bills is that because the current depressed economic climate has delayed projects that already received approvals, permits should be extended without regard to environmental laws and regulations, public health standards, and even local zoning ordinances that have been passed since the expiration dates.

Any claim of reasonableness is negated by the fact that the exclusion would reach back to 2006, arguably prior to the current economic downturn. Under the scenarios covered by these bills, a building or occupancy permit granted for a property like Gloucester County's mercury-contaminated Kiddie Kollege would be allowed. With this bill, New Jersey's children-YOUR children-could be occupying or playing on toxic sites. New regulations, like New Jersey's recently enacted flood hazard rules, designed to reduce the risk of flooding, would be negated.

The Act would be effective until 2012, four years into the future, regardless of conditions that might be identified, scientific findings, or new technology that might benefit remediation or building standards.

In a move reminiscent of the "Fast Track" Approval Act, this measure was introduced just prior to Memorial Day weekend, when State officials were struggling to find a solution to the monumental budget deficit in the FY2009 State budget, when environmentalists were trying to head off closures at state parks and historic sites, and when the public was occupied with the traditional activities of late May and June: end of school exams, projects, graduations, sports tournaments, preparing for Memorial Day events. In other words, when many people's attention was diverted to other issues! This timing was not inadvertent. The joint bills were slated for votes by the full Legislature on June 23, barely a month after being introduced.

However, the leaders of environmental organizations and advocates for State Parks were paying attention and there was an outcry. Although the bill sailed through the Assembly Housing and Local Government Committee, it received more thoughtful consideration in the Assembly Environment and Solid Waste Committee. Amendments were proposed to rationalize the proposal. As this newsletter was being prepared, the Economic Growth Committee postponed consideration of the bill for another week.

According to Assemblyman Greenwald, business and labor leaders and developers want the measure because they see it as a solution to the economic downturn and stalled construction projects. This is a specious argument that blames environmental and zoning rules for a problem that has nothing to do with environmental protection. The current downturn is the result of a confluence of factors, including an overheated real estate market, unsustainable financing arrangements, a soaring Federal budget deficit, and energy and transportation costs that are competing with housing for consumers' dollars. Negating environmental rules is not going to solve the problem of delinquent loans, poor credit, or higher interest rates. As quoted by the Star-Ledger, Mr. Greenwald claimed that "Seventy thousand New Jerseyans have relocated to other states and with them is going business." It would be interesting to know how many of those left the state because of New Jersey's skewed property taxes, lack of affordable housing, dirty air, and highway traffic woes. We have yet to hear a credible argument about how ignoring recently enacted, science-based rules will increase the availability of financing.

This is not a new tactic. Economic downturns are just the opportunities that special interests exploit in their continuing quest to roll back environmental rules and find a scapegoat for their own bad business decisions. In the past three weeks, Legislative Director Mike Pisauro has devoted significant time to the Permit Extension issue, marshalling Board members to contact legislators and to distribute action alerts to NJEL members. Mike has spoken publicly in opposition to the proposal and has collaborated with other environmental leaders to identify ways to halt the worst provisions. Check our website, www.njenvironment.org in the coming weeks for the outcome.

Legislative Update - Negatives and Positives
- by Michael L. Pisauro, Legislative Director

No sooner was the environmental community successful in securing legislative protection of the food source of a migratory bird species than a back-pedaling bill was introduced. Shortly after a moratorium was enacted on the harvesting of horseshoe crabs, the main food source of the redknot, Senator VanDrew introduced a bill to drastically reduce the penalties for offenses. The proposed changes could easily undue the protections that were just enacted. Fortunately, there has been no action on this bill.

NJEL also opposed S-1585, covering another subject that has been on the public radar screen for years, the use of the carcinogen perchloroethylene (PERC) in dry cleaning processes.

Sponsored by Senators Adler and Sweeney, this bill would extend the deadlines for compliance with the Department of Environmental Protection's prohibition against PERC. This bill would allow the use of this dangerous substance until at least December 2011. As it is, the time periods for complying with the rule are generous, at the expense of public health. Under current rules, dry cleaning establishments that are located in residential buildings may use PERC until 2009. Others may continue to use it until 2010. These deadlines have been known for some time and businesses have had opportunities to modify their equipment and operations. Discharges of PERC pose risks to the water supply and vapors effect consumers, employees and those living in and around the users' buildings. Substitutes are available and are already in use. So far, the bill has not advanced out of committee. NJEL will monitor the disposition of this.

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An assortment of proposals were introduced in support of renewable energy, although some of the details of the measures are not wholly satisfactory to us. The following are at various points in the legislative process and NJEL is following them.

S-299, sponsored by Senator Kean, would allow certain public entities, including Boards of Education and County Colleges, to enter into contracts of up to 15 years for renewable energy production or energy conservation services at buildings owned by them. Current New Jersey law prohibits most long term contracts. Investments in energy equipment and services require longer terms to make economic sense. This bill would provide something closer to a "real world" time frame that would justify investments by both the public entities and suppliers/contractors. As it stands, NJEL supports this bill.

NJEL also supports S-1788, the Senate version of Assembly Bill A-1559 that was sponsored by Assemblywoman Greenstein and described in the Winter 2008 NJEL Newsletter. The bills would require municipal master plans to include "green" buildings and environmental sustainability. NJEL requested that a renewable energy component be added to A-1559 and both bills include this. The bill has passed both houses and is awaiting the Governor's signature.

On June 10, three bills designed to remove local zoning barriers to solar and wind energy installations were approved by the Senate Economic Growth Committee and are on their way to consideration by the full Senate. Under S-1299, solar and wind energy installations would be a permissible use in any industrial area of at least 20 acres. Although we would have preferred a lower acreage threshold (it was not clear why 20 acres was specified) in order to facilitate approvals for smaller industrial/commercial concerns, this is clearly a start in lowering the barriers to renewable energy facilities. According to Senator Bob Smith, this bill will allow urban areas to include renewable energy facilities in redevelopment projects without zoning obstacles.

A complementary measure, S-1538, sponsored by Senators Smith and Bateman, would allow owners of preserved farmland to install wind and solar generating equipment in order to provide power for their farms. The bill would include that use as an agricultural use for tax assessment purposes. The bill would also allow a property owner to lease the land to a another party for energy generation and sale to a public utility or other user, provided that the lease does not exceed 20 years and does not adversely impact the natural environment.

In the long term, the third bill, S-1303, may be the most effective in reducing the zoning barriers to renewable energy generation on private property. Sponsored by Senator Smith and Senator Bill Baroni, S-1303 defines "inherently beneficial use" for purposes of zoning use variances, and specifically includes as a beneficial use wind, solar, and photovoltaic technologies that produce electricity. The bill defines a beneficial use as that which is "universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare." We believe that this bill, with its concise and clear definition is a milestone in New Jersey's public policy. It will be a foundation for increasing the percentage of the State's energy that is generated from renewable sources.

New Staff and Board Members for NJEL - by Anne Poole

It was with great regret that NJEL and EEF accepts the resignation of Daphne Speck-Bartynski from both Boards. After a decade of service in many capacities, Daphne is relinquishing her board seats in order to pursue personal career goals. Daphne has promised to remain a member of NJEL, and a participant in our "Action Alert" network, and we hope that she will continue to offer her insights into environmental issues. Daphne became the recognized board expert in renewable energy issues and devoted a great deal of time to educating herself about new technologies, attending conferences and symposia, and keeping us abreast of media publications. Daphne also recognized talent and commitment when she saw it, recruiting new members, board members, and a stellar intern. Originally a member of NJEL, Daphne became a staff member of EEF, developing anti-sprawl public education materials in support of State Plan initiatives. Daphne also played a direct role in public and legislative outreach on behalf of the Tri-State Transportation Campaign's advocacy for the renewal of the Transportation Trust Fund.

Daphne displayed her generosity and commitment by resigning her paid position, to avoid any conflict of interest, in order to take a seat on the NJEL Board, eventually becoming Vice President. Daphne was the single-handed "committee" that planned and executed the lovely dinner dance that honored Executive Director Marie Curtis upon her retirement. Daphne expanded her role further by taking a seat on the EEF Board and representing EEF on the Board of Earth Share-NJ. This volunteer role saved staff costs for EEF, freeing more of our donors' contributions for programs, including EEF's first-ever conference, the Precautionary Principle Conference in March 2008. By participating fully on ESNJ's Board, Daphne ensured that EEF fulfilled its membership obligations, thereby enhancing its share of workplace giving distributions. Several times, Daphne secured free venues for NJEL annual awards receptions, conserving NJEL's resources for serious lobbying activities. While providing these "in-kind" contributions, Daphne was also a faithful patron of NJEL's annual reception, a fundraiser that provides about 20% of NJEL's operating revenue each year. Daphne opened her home to the NJEL Board more times than I can count, including a Cape May weekend annual meeting. Meetings at Daphne's were some of the best attended, largely due to her spectacular culinary skills rather than agenda items!

It will be difficult to replace Daphne, with her enthusiasm, persistence, and generosity. Good luck with your future endeavors, Daphne, and please accept our sincere gratitude for your outstanding tenure with NJEL and EEF! What you have done will help NJEL and EEF succeed for many years to come!

Brenda Holzinger -

Fortunately, we have an impressive new occupant of the NJEL Board seat vacated by Daphne. Brenda Holzinger, current President of EEF, was elected to the NJEL Board of Directors on June 10. Brenda assumed the EEF presidency when the planning for EEF's Precautionary Principle Conference was already underway. She quickly became part of the conference team and was the master of ceremonies at the conference. Brenda resolved that the Conference would not be a one time event, but would be the kickoff of a Precautionary Principle Initiative (PPI) for New Jersey. Since adoption of a Precautionary Principle decision-making paradigm in New Jersey will likely require legislative action, the expectation is that the PPI will become an NJEL project. As an NJEL Board member, Brenda will be a leader of NJEL's action plan.

Professionally, Brenda is a staff member of the New York/New Jersey Trail Conference, serving as the New Jersey Regional Coordinator. She is an attorney and has a broad range of experience, including a stint as a staff attorney in the Region 3 (Philadelphia) office of the US Environmental Protection Agency. For more information about Brenda's extensive credentials and experience, consult NJEL's Spring 2007 Newsletter, available at www.njenvironment.org.

In a relatively short time, Brenda has been an effective President of EEF, leading recruitment of additional board members and a reassessment of EEF's mission. We expect her contributions to NJEL to be similarly valuable.

Linda Dickman -

NJEL is pleased to welcome Linda Dickman as its new Project Director. A native of Maple Shade in Burlington County, Linda was a stay-at-home Mom for several years and then earned an Associate's Degree in Liberal Arts at Burlington County College. She continued her undergraduate work at then-Glassboro State College (Rowan University) and graduated with a Bachelor's Degree in Communication with a specialty in Public Relations. Linda worked for over four years at Burlington County College as a College Relations Specialist, assisting with a wide variety of public relations events involving students, faculty, community residents, public officials and benefactors.

Linda accepted a position at Taylor Wiseman & Taylor, a national civil engineering firm headquartered in Mount Laurel, NJ. During fourteen years with the firm, Linda held a variety of successively more responsible positions, including Permit Administrator, Director of Marketing, and Corporate Secretary.
She brings to NJEL her experience in both the public and private sectors, notably her knowledge of permitting activities and her expertise in public outreach, and her business management skills. Linda is an accomplished communicator and she hopes that this experience will help to make NJEL an even stronger voice for the environment.

Some of you already received renewal notices and dues/gift acknowledgements from Linda. Linda is helping us with a backlog of member activities and communications before she assumes responsibility for a membership initiative which we hope will increase NJEL's profile and advocacy resources. Linda will be the coordinating contact for the Precautionary Principle Initiative (PPI) and will perform research to support the Initiative. Linda is a member of a number of other environmental organizations (as well as a member of NJEL) and she is anxious to not only help NJEL in its collaborations, but also to enhance its participation with our environmental colleagues. Welcome, Linda!

Collaborations -

In his capacity as NJEL Legislative Director, Mike Pisauro authored joint comments to NJDEP from NJEL, the NJ Environmental Federation, and New Jersey Sierra Club regarding the New Jersey Pollutant Discharge Elimination System. Briefly, this is DEP's proposal for achieving the goals of the Federal Clean Water Act. After 27 years, New Jersey has not come close to attaining compliance. In an assessment performed by DEP in 2006, which was the basis for the proposed rules, 80% of assessed waters were not considered sustainable for wildlife. Mike's comments addressed several areas where he and his colleagues believed revisions should be made. For a PDF of these technical comments, email your request to njel@earthlink.net.

Wind Energy News - Check out the Rowan University Clean Energy Program Website!

NJEL Board member Dr. Jess Everett is a professor at Rowan University, where the University's Clean Energy Program, is affiliated with the NJ BPU's Clean Energy Program. Rowan's program includes wind power assessments and energy audits. Students in Rowan's Engineering Department also designed and installed several impressive photovoltaic (PV) systems, including structural designs for an Exelon project in Falls Twp., PA. With production of 3 MW, it will be the largest PV system east of Arizona-enough energy to serve 400 homes! Visit www.rowan.edu/colleges/engineering/clinics/cleanenergy/cleanenergy_homepage.htm. See what the students and faculty of New Jersey's Rowan University have done to advance the commercial applications for PV energy generation!

EEF News -

The 2007-08 school year is coming to an end. After reaching approximately 1000 elementary school children with the watershed model and presentation, EEF Board member and Education Director Gene Fox is turning his attention to higher level presentations with EEF's new waste water treatment model. Gene has developed a presentation for high school upperclassmen, and adults, which will explain waste water treatment, its relationship to water quality, and why the public should care about it. To schedule a presentation for your community group, environmental commission meeting, or school, email to njel@earthlink.net. Gene and EEF also thank Rowan professor Jess Everett for becoming "elementary school teacher for a day" and presenting the watershed program at the Delran (Burlington County) Elementary School. Thanks also to Dennis Poole for taking the model to a meeting of the Somers Point Green Thumb Garden Club, an organization member of NJEL


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!



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