Legislative
Update
- by
Michael L. Pisauro, Jr.
Garden
State Preservation Trust
The
funding program used by New Jersey to preserve open space, farms, and historic
sites is about to expire. Without action before July 1st by the Legislature the
Garden State Preservation Trust (GSPT) will expire. Counties, municipalities,
and non-profit conservation organizations will have no financial support from
the State for preserving and protecting land from development. Assembly Concurrent
Resolution 10 (ACR 10) was passed out of Committee on March 29.
With
bipartisan sponsorship, the resolution would dedicate $175 million a year from
existing sales tax revenue to renewal of the GSPT. ACR 10 would allow the revenue
to fund land acquisition, other capital projects, and operations and maintenance.
ACR
10 would expand the allowable uses of the GSPT to include "Blue Acres,"
by which municipalities could protect flood-prone areas. The GSPT is vital for
continuing land preservation in New Jersey. An estimated 65% of financing for
farm, open space, and historic site preservation has been provided by the GSPT.
The
companion resolution in the NJ Senate is SCR 136. Unfortunately, the Senate has
not acted and Governor Corzine has not made his intentions and preferences known
regarding the shape and funding level for the GSPT. NJEL calls for the Governor
to exercise leadership on this issue, and for the Senate to act.
New
Jersey is the most densely developed state in the country. If we continue on the
current path of destruction of open space, the state will be "built out"
in 25 years. Although vacant building lots appear on municipal maps, they were
designated decades, some more than a century, ago. They could in fact, be viewed
as theoretical. Full build-out would be unsustainable in terms of water, waste
disposal, and traffic. To ensure a reasonable quality of life for ourselves and
future generations, and to sustain New Jersey's vital tourist and agricultural
industries, we have no alternative but to protect open space from development.
Because
sales tax use is a constitutional question, funding for the Trust requires a ballot
question in the November election. Please contact your State Senator and urge
him/her to take action to place the measure on the ballot. Also, write to or email
Gov. Corzine and ask him to take a leadership role.. If you do not know your Senator,
you can use the NJEL/EEF web site to find out. You can even send an email by using
the links to State lawmakers.
Visit
www.njenvironment.org and click on
"NJ Politicians."
Highlands
Draft Regional Master Plan Public Comment Period
The
deadline for public comments has been extended to May 11. NJEL's Legislative Director,
as well as several Board members, are examining the draft elements, have attended
public meetings, and will be formulating comments. Visit www.highlands.
state.nj.us/njhighlands/master/draft_rmp.html
Recycling
As
noted in NJEL's Summer 2006 newsletter, recycling rates in New Jersey have declined.
The State and many counties are making concerted efforts to educate the public
and enforce recycling laws. Bills are in development in both the Senate and the
Assembly to increase the use of recycled plastic, with the expectation that this
will improve the market for post-consumer plastic. A2850/S556 would require that
all plastic containers manufactured or offered for sale in NJ contain at least
25% recycled content by 2008. Unfortunately, opposition by several industries
led to numerous exclusions, such as beverage containers, personal care products,
and food containers. However, it is a start.
Two
divergent bills have been introduced for electronic waste recycling. To fund an
enhanced electronic product recycling program, A3572 would impose a fee of 50
cents per lb. of electronic material produced by a manufacturer, or a manufacturer
could set up its own program. NJEL believes that this proposal would require complicated
reporting, tracking and auditing and would require disproportionate administrative
effort in the Department of Environmental Protection. As the bills stand now,
NJEL prefers the Senate version, S554, under which a nominal fee would be paid
by the consumer at the time of purchase. Fees would be based upon the size of
the device's screen. As proposed, the bills cover only devices with screens in
excess of 4 inches. For example, cell phones, pda's, and portable video players
are excluded.
Creosote
Committees
in both the Senate and the Assembly released bills to prohibit the use of creosote
in the State, except for utility poles and railroads.
A
Good Decision By DEP
-
Ban on Aerial Spraying of Broad Spectrum Pesticide Dimilin Remains in Effect
In
January, NJEL received an alert from the New Jersey Environmental Federation (NJEF)
about the NJ Department of Agriculture's request that the Department of Environmental
Protection allow aerial spraying of the pesticide Dimilin on 6,000 acres of state
land and 27,000 acres in 22 municipalities, including residential areas. For over
two decades, DEP banned aerial spraying of broad spectrum pesticides on non-agricultural
land. The Department of Agriculture applied to DEP for a waiver in order to control
gypsy moths in NJ state forests and private lands. For many years, the natural
pesticide Bt (bacillus thuringiensis) was safely used to control gypsy moth caterpillars,
which eat the leaves of oak trees and some other hardwoods.
Ironically, the
Dept. of Agriculture made the request in response to observations by the NJ Forest
Service, a division of DEP. The Service reported larger than expected gypsy moth
egg masses in the forest canopy, leading to the conclusion that Bt is ineffective,
even though it has been used successfully for years. When conditions are favorable
to the moth populations, Bt must sometimes be applied twice, however.
The
decision to spray municipal and private property rests with the town. The costs
are also borne by the town. A number of environmentalists took issue with the
Department of Agriculture's conclusion about the necessity for using Dimilin as
well as the way the choice was presented to local jurisdictions. An observer at
one public meeting reported that although no definitive cost comparison was made,
it was strongly implied to local officials that a single Dimilin application would
be cheaper than two applications of Bt. No cost was assigned to the effects on
human health or to the toxic effects on aquatic organisms and beneficial insects.
For cash-deprived towns, whose employees and officials may not be educated about
forest management and toxins, Dimilin sounds good.
The window of opportunity
for public notification and action was also narrow. "Two dry springs"
were cited as creating conditions favorable to higher caterpillar populations,
but by the time the proposal to use Dimilin was made public, municipal officials
had a limited amount of time to make a choice in time for the 2007 growing season.
As with many substances that are deemed "safe" by the US EPA, all
of the effects of Dimilin are not understood. However, with information from the
Environmental Federation's expert, Jane Nogaki, and research of literature by
NJEL volunteers found that Dimilin:
- takes months to break down
- has
been shown to change the foraging and migrating habits of aerial species
- has been identified as a possible human carcinogen.
- kills other species
that perform natural pest control, such as ladybugs, praying mantids, and butterflies
- decreases oxygen levels in the blood of humans and is an endocrine disruptor,
capable of decreasing testosterone.
NJEL believes that the Forest Service
took a narrow view of the problem and the solution. Some research indicates that
use of Dimilin may prolong infestations. The focus on the forest canopy ignores
the effects of broad spectrum pesticides on the forest floor and also ignores
evidence that some defoliation of the canopy is beneficial, allowing an increase
in sunlight penetration to understory vegetation. Contrary to popular belief,
an attack by caterpillars usually does not kill a tree. Much of the concern about
gypsy moths is aesthetic and that is not a justification for exposing the public
to toxins.
NJEL sent Gov. Corzine a letter that cited the above and requested
that there be no waiver for aerial spraying of Dimilin.
We are pleased that
on January 29, DEP denied the waiver. DEP stated that the "case for Bt being
ineffective was not made. . ." and that "the department cannot categorize
the estimated gypsy moth problem for 2007 as an 'environmental emergency'."
NJEL applauds Jane Nogaki and the Environmental Federation for quickly marshalling
its members and other environmental organizations to prevent the unnecessary exposure
of New Jersey's residents to toxins.
NJEL also applauds DEP for making a decision
that puts the health of New Jersey's residents and ecosystem first. Unfortunately,
after DEP's decision, public comments by some municipal officials show that additional
public education about chemical pesticides is needed. The disappointment expressed
by some indicate that they do not understand the negative effects and long term
costs of a seemingly quick solution.
EEF
Welcomes New Board Member,
Says
Goodbye To A Staff Member -
The
Environmental Education Fund began the new year by installing Brenda Holzinger
on its Board of Trustees. Currently on the staff of the New York/New Jersey Trail
Conference, Brenda is also a professor at Fairleigh Dickinson University. Brenda
brings an impressive background in academia, law, administration, and environmental
activism to EEF. Brenda holds a BA (major in Government, minor in Studio Art)
from Pomona College in Claremont, CA. She earned graduate degrees from Cornell
University and Rutgers University's Eagleton Institute, as well as a Juris Doctor
from the Rutgers University School of Law. Brenda has held administrative positions
in academia and taught political and environmental courses at various universities.
From 1989 to 1991 she served as a staff attorney in Region 3 (Philadelphia) of
the U. S. Environmental Protection Agency. Brenda has an extensive list of public
policy and environmental presentations and publications to her credit.
Brenda's
volunteer credentials include her present positions as the Conservation Chair
of the North Jersey Adirondack Mountain Club and the photographer for the Mohonk
Preserve in New Paltz, NY. Brenda was a member of the Citizens Committee to Save
Cayuga Lake and Citizens United Against Wal-Mart on Wetlands, both in Ithaca,
NY.
Neal Maloney
joined EEF in early December as Assistant Project Manager. A 2006 graduate of
Cook College, Neal majored in Environmental Policies, with a minor in Business
Economics. Neal performed research on environmental subjects, prepared material
for public events, updated EEF's files and reference material, and assisted with
EEF's participation in the Earth Share NJ workplace giving federation. While NJEL
recruited for an NJEL position, Neal came forward to provide interim assistance,
devoting a few hours each week to managing NJEL's membership system and performing
administrative tasks and IT troubleshooting. Neal recently resigned to pursue
graduate studies. "I'm thrilled to have worked here and to have had this
opportunity as the one starting my environmentally-focused career," said
Neal about his position. We hope Neal will follow through on his plans to stay
involved as a member of NJEL and supporter of EEF. If Neal's performance as an
EEF staffer is any indication, he will be a stellar performer in his future academic
and professional pursuits. Neal's message to EEF's donors: "Thank you for
making my work with EEF possible."
2007
Reception and Environmental Awards
-
Please
join the Board of Directors and members and supporters of NJEL as we honor three
outstanding individuals for their contributions to New Jersey's natural environment
and quality of life. On Sunday, April 22, NJEL will host its 2007 Awards Reception
at 1:30 PM. at the Morris County Cultural Center, 300 Mendham Road, Morris Township.
The Frank J. Oliver Environmental Award will be presented to NJ State Senator
Robert J. Martin and NJ Assemblywoman Linda R. Greenstein. The Environmental Legacy
Award will be presented to Julia M. Somers, Executive Director of the NJ Highlands
Coalition.
Senator
Robert J. Martin
In
his 20+ years in the Legislature, Sen. Martin has worked to improve New Jersey's
public education system, ensure the integrity of the political process, and protect
the State's natural resources. It is for his efforts in the last area that Sen.
Martin is being awarded the Frank J. Oliver Environmental Award. He has been a
sponsor or co-sponsor of numerous bills designed to safeguard the sources of New
Jersey's drinking water, protect critical habitats, and preserve open space for
the benefit of New Jersey's residents and visitors. Sen. Martin has recognized
the danger that overdevelopment poses to the quality of the ground and surface
water upon which New Jersey's residents depend. As a primary sponsor of the Highlands
Water Protection and Planning Act, Sen. Martin was instrumental in obtaining passage
of that legislation. The Senator is the sponsor of bills to create the Highlands
Conservation Trust, to reinvigorate and improve recycling, and to enable the State
to acquire and preserve designated land as natural areas and wildlife sanctuaries.
The Senator received a perfect rating on the NJ Public Interest Research Group
(NJPIRG) 2005 Scorecard.
Assemblywoman
Linda R. Greenstein
Assemblywoman
Linda R. Greenstein also received a perfect NJPIRG Scorecard rating. Ms. Greenstein
was the prime sponsor of several pieces of legislation that provided funding for
open space preservation. She is a founder and co-chair of the Legislative Smart
Growth Caucus, which promotes an anti-sprawl agenda.
Ms.
Greenstein has taken a leadership role in formulating bills designed to improve
the public information available about industrial sites, contamination, and remediation
plans. Other legislative initiatives sponsored by Ms. Greenstein address the statute
of limitations for environmental crimes and property tax relief for properties
with solar energy systems.
Julia
M. Somers
NJEL
is proud to award its 2007 "Environmental Legacy Award to Julia M. Somers.
Currently the Executive Director of the Highlands Coalition, Ms. Somers is the
former Executive Director of the Great Swamp Watershed Association (GWSA). Under
her leadership, GSWA grew to 2000 members, and a staff of eight, and acquired
a 50 acre property for an environmental education center. Significant accomplishments
during Ms. Somers' tenure included:
Design
and publication of the Great Swamp Watershed Open Space Plan
Development of
publications about storm water and geographical information systems, including
videos on methods of storm water management
Establishment of one of the earliest
regional planning groups, the Ten Towns Great Swamp Watershed Committee
Early
adoption of storm water ordinances in Chatham and Harding Townships, laying the
foundation for the State's storm water rules
Persuading DEP to deny a development
proposal for a huge Retirement/Continuing Care community on 41 acres of wetlands
containing threatened and endangered species habitat and C1 streams, and adjacent
to Morristown National Historical Park, our nation's first national historical
park
While initiated to benefit the Great Swamp region, these accomplishments
had immensely positive effects on two other levels. They provided models for state-wide
legislation, which ultimately provide protection for the residents and ecology
of local jurisdictions
Collaborations
-
In
late February NJEL signed a letter of support for Federal appropriations for adding
acreage to four National Wildlife Refuges within New Jersey's borders. The letter
was signed by a number of organizations in support of a request made by the New
Jersey Audubon Society for funds to be included in the federal fiscal year beginning
July 1, 2007. Audubon's request were for the following: $1.4M to acquire 140 acres
for the Forsythe Refuge; $1.5M to add 450 acres to the Cape May Refuge; $2M to
add 203 acres to the Walkill River Refuge; and, $1.5M for 50 acres of land in
the immediate vicinity of the Great Swamp National Wildlife Refuge. The land proposed
for the first three provides critical habitat of a variety of wildlife, particularly
migratory birds. The request for the Great Swamp would acquire a site that is
in danger of contamination and safeguard it as critical habitat for federally
and state-designated endangered species.
EEF's
Watershed Education Program -
The
In October, NJEL Board member Eugene Fox volunteered to assist EEF with its student
education project. Gene presented a watershed education/nonpoint source pollution
program to classes at Bloomfield School #5. Gene's volunteer efforts have allowed
EEF to conserve grant funds from the Environmental Endowment and will allow us
to reach more students. EEF is accepting requests from schools for programs during
the remainder of this school year and for next year (2007-08). Interested teachers
or principals should email us at njel@earthlink.net
to schedule presentations. Presentations are available for primary, elementary
and middle schools and for after-school day care centers. A presentation is in
development for high school grades and for adult community groups.
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!