New Jersey Environmental Lobby Newsletter July-September 2009

We Are In A Race To Preserve Open Space! Is It Worth $1 Per Month to Win the Race? Please Vote "YES" On Ballot Question #1 for Open Space Funding on November 3rd -

After months of research, polling, and talking to the public and elected officials, New Jersey's Keep It Green Coalition (KIG) won the first battle of a two-part campaign to continue preserving open space.

The first victory was persuading the State Legislature and Governor Corzine to approve placement of a funding measure on the November election ballot. KIG and its coalition members are now furiously pursuing the second objective-a "YES" vote by a majority of New Jersey's voters.

As explained in NJEL's April-June newsletter, the last funds in the Garden State Preservation Trust Fund (GSPT) were allocated in June 2009. The bond issue providing those funds was authorized in 2007. The intention at that time was to provide some land acquisition resources while the Legislature established a permanent, constitutionally protected source of funding for future open space and historic preservation. Despite almost two years of prodding by land conservation and other environmental groups, the Legislature failed to do so. Since acquisition of land is often required to protect drinking water sources from pollution, a small state-wide fee on water usage seemed a logical funding mechanism. In a political climate where sound bites report, and distort, the number of tax increases a candidate supports, it is not surprising that such a fee-based plan was not embraced by elected officials.

Instead, as the previous newsletter went to press, Legislative committees were considering a $600 million bond issue. Amid concerns about public acceptance of a bond issue during the current economic downturn, the total amount of the ballot question was reduced to $400 million. The bill authorizing placement of the question on the ballot was passed by the Legislature and signed by Governor Corzine on August 18.

The individuals who are leading KIG and the organizations that comprise it are now engaged in a campaign to educate the electorate on the implications of the bond issue-and the consequences of rejecting it. The name of the Act that is the subject of Public Question #1 is unwieldy, but it perfectly describes its objectives.

The Green Acres program, familiar to most of the public, will receive $218 million. Green Acres provides matching dollars for acquisitions of land by municipalities, counties, and conservation organizations. These land purchases preserve forests and other wildlife habitat, provide rural and urban recreational sites, and, particularly important, shield water supplies from the pollution caused by development.

Similarly familiar is the Farmland Preservation Program, which will be allocated $124 million. State Farmland Preservation funds compound the money that counties allocate to preserving working farms.

One important element with which voters may be unfamiliar is the allocation to "Blue Acres." The destruction of wetlands, overdevelopment along rivers and the coast and the increase in impervious asphalt and concrete cover has exacerbated flooding in New Jersey. "Blue Acres" funding of $24 million will be available to acquire and preserve land that is in jeopardy from flooding. The Bond Act will also provide additional funding for historic preservation projects.

We know what the passage of the Bond Act will mean in terms of the preservation programs that it covers. What will happen if it is rejected, besides the obvious effect of not acquiring or conserving additional acreage?

It is not just a question of forgoing as-yet-unidentified acquisitions in future years. Purchase decisions are not the results of window shopping or buying land simply because it is for sale. They result from analytical processes that take into account the migratory and breeding behavior of animals, the needs of plant populations, corridors that link critical areas, and contiguous parcels. Identification of critical areas and negotiations with owners can be lengthy. At the same time, owners who must sell their land for economic reasons cannot and will not wait indefinitely. Without an expectation of funding in a specific time frame, negotiations that are in progress NOW and even offers that have been accepted will be jeopardized. Where new property prospects have been identified, conservation groups cannot in good faith initiate negotiations.

In the ironic twist created by the bursting of the real estate bubble, this is the most favorable climate for purchasing real estate in years. Prices and interest rates are down, while many owners are anxious to sell. Those conditions also favor investment by residential and commercial developers, as they anticipate a recovery.

KIG has calculated that the per household cost of Public Question #1 will be less than ONE DOLLAR PER MONTH!

Please vote "YES" so that open space, critical habitats, and drinking water sources are not lost forever to development.

Message from the President.
NJEL-and the Keep It Green Campaign-Need Your Support -

As you know from the disclaimers on our membership literature, dues and donations to NJEL are not deductible for Federal income tax purposes. This is because while NJEL is a nonprofit organization, its mission is to influence legislation that affects the environment. As such, NJEL has a 501(c)4 designation from the IRS. In general, NJEL is ineligible for foundation or government grants, even for activities that are non-political, such as providing information to the public about environmental issues.
This makes fundraising a challenge. Donors are more willing to give, and frequently increase their contributions, when an income tax deduction is available. In the current economic downturn, when many individuals must cut back on memberships and decrease their levels of giving, a tax deduction may be the deciding factor in an individual's decision about contributions. In recent years, even membership recruitment has become more difficult because of the negative connotation attached to the word "lobbying."

On the other hand, a distinct advantage of NJEL's status is that there are no restrictions on the proportion of resources that NJEL can devote to lobbying. Organizations with a charitable designation [501(c)3], including our education/research arm the Environmental Education Fund may not devote a significant amount of their resources to attempting to influence legislation.

Environmental advocacy and support of conservation efforts is our mission and NJEL's Directors, volunteers and part-time staff also work hard to conserve the financial resources you provide! NJEL staff members do not watch the clock, but contribute many volunteer hours over and above their official job duties. Our Board members and volunteers represent NJEL and EEF at hearings and meetings and provide environmental education at schools and public events without compensation or even travel expense reimbursement.

Like most environmental organizations, NJEL needs the funds it raises from its members and other donors to carry on its work. Rarely can an organization afford to promote the fundraising of another group and NJEL is no exception. However, things are different during this campaign for open space funding. The leaders of the Keep It Green Campaign assumed the responsibility for persuading the Legislature to place the open space funding question on the ballot. This required contracting for polls that tested public support for open space funding and specifically for a bond issue, to demonstrate that it was a viable proposal. Now KIG is educating the public about open space preservation and Public Question #1. Polls showed that when the environmental implications of preserving open space were explained to voters, positive reactions to a bond issue increased significantly. But we must reach ALL potential voters. New Jersey is part of the most expensive media market in the nation. The public education and advertising campaign is expected to cost $1.6 million, even with the significant volunteer efforts that members and friends of environmental organizations are contributing.

Enclosed in this newsletter is a flyer that KIG is distributing to educate voters and ask for help with the campaign. We are enclosing it in order to support KIG's efforts and facilitate our members' participation in this endeavor. ANY amount will help with the mission. Your NJEL Board members have already shown their commitments by making personal contributions to the KIG campaign. If you can contribute, mail your donation to the address indicated on the form, or visit the Campaign's website, www.njkeepitgreen.org, to donate online. If you are about to renew your NJEL membership or otherwise donate to NJEL and wish to add an amount for KIG, you may include that in your NJEL envelope and we will forward it for you.

If this bond issue passes, will we abandon the effort to obtain a stable, permanent source of funding for open space, historic preservation, and flood mitigation? The answer is no. KIG and its members will start to work immediately to replace the pattern of stop-gap measures with a solution for the future.

On July 30 the Assembly and Senate Environment committees held a joint hearing in Forked River, Ocean County. One of the three topics was the health of Barnegat Bay. In terms of health, the Bay is best described as in critical condition.
Barnegat Bay is the second most polluted estuary in the country! New Jersey's other estuaries are not far behind in their poor quality and they are expected to worsen. The joint committee heard testimony from environmental organizations and from representatives of NJDEP, the U.S. Environmental Protection Agency, Region 2 (New York), and the National Estuary Program. Much of the testimony focused on the eutrophication of the Bay. "Eutrophic" means "truly nourished." Eutrophication is accelerated plant growth in a body of water, caused by fertilizing agents. They may be naturally occurring organic matter or chemical fertilizers that are applied to agricultural fields, lawns, and gardens . Eutrophication may also result from the drainage of sewage, industrial wastes, or detergents into a body of water. As the proliferating plants die, the decaying vegetation depletes the water's oxygen supply. The fertilizer components phosphorus and nitrogen are key causes of eutrophication in the Bay. While some fertilizer manufacturers have reformulated their products to reduce phosphorus content, this is not enough to restore the health of the Bay. Fertilizer ordinances and campaigns to replace lawns with native plants and landscaping can also be part of the solution, but the exchange of water in the Bay takes place very slowly, so that measures to reduce pollutants will take years to produce significant results.

My testimony on behalf of NJEL focused on preventing future degradation of the Bay by strengthening and enforcing the Coastal Area Facilities Review Act (CAFRA). I pointed to a recent Appellate Court case where the Court chastised NJDEP for ignoring the requirements of CAFRA regarding the construction of a home. I urged the Legislature to remove the infamous "24 unit" loophole from CAFRA, which allows residential developments of less than 25 units to escape CAFRA reviews. I testified that DEP needs to begin invoking Section 11 of CAFRA. Section 11 provides that DEP can deny or modify a permit if DEP believes that the cumulative impacts of the project would be detrimental to the environment.

Bill to Regulate Off-Road/All Terrain Vehicles Is Delayed
- By Brenda Holzinger

As NJEL's Spring 2009 newsletter was going to press, the Senate Appropriations Committee approved bills S2055 and A823, intended to control the use of off-road (ORV) and all-terrain (ATV) vehicles on public lands. In NJEL's Fall 2008 newsletter, we reported on the various bills that had been introduced to protect drivers, the public, and public property from the actions of irresponsible operators of these vehicles. After more than a year of work by environmental organizations and legislative staffs, proposals for ORV/ATV registration, identification, and enforcement crystallized as S2055 and A823. After approval by the Senate Committee on June 22, we believed that votes by the full Senate and the General Assembly were imminent. Unfortunately, that did not happen.

Legislation requiring the NJ Department of Environmental Protection to "try" to locate 3 ATV parks in the state is currently tie-barred to S2055 and A823, which means that both bills must move forward through the legislative process together. During the summer hiatus, representatives from the ATV enthusiast community worked with a well-known, national environmental group to locate potential sites for ATV parks throughout New Jersey. In fact, this group undermined the work of the environmental community when it jumped into the ATV legislative campaign only after the bills were poised for a vote in both the full Senate and Assembly, and used its influence to stop the forward momentum.

No action is expected on this legislation until after the November 3rd election. However, these bills must be calendared and voted upon by both the Assembly and the Senate before the end of the year, which is when the current legislative session will end. A new legislative session will begin in January 2010 with a fully reelected Assembly and a slightly reconfigured Senate. So, if the current legislation is not acted upon during the 7 weeks following the election, the entire process will need to begin anew. Because this time frame is so short, your help is needed more than ever to pass this important legislation! Please contact your New Jersey State Senator and Assemblyperson and tell them that votes on S2055 and A823 need to be scheduled now!

While action is delayed, irresponsible drivers continue to damage plant and animal habitat and violate the public's right to enjoy public parklands and forests. Parks and forests are public assets and a legacy that belongs to all of us. While much of their care is funded by taxpayers, improvements and maintenance are also frequently performed by volunteers from organizations like the New York/New Jersey Trail Conference. It is unfair that irresponsible people should impose costs on the taxpayer and on the ecology of our State.

You can send a message to your State Senator and/or Assemblyperson through our web site. Visit www.njenvironment.org and click on "New Jersey Politicians." If you do not know who your State legislators are, our web site lists the municipalities that are in each District.

Need another reason to vote "yes" to protect open space from political winds and whims? Here it is . . .

Environmental advocates became aware of proposals that are being prepared for introduction during the lame duck legislative session following the November election. We call them "builders' proposals" because they would favor development interests over the environment and residents. They are part of the "package" that began with the proposal for permit extensions and the hand-off of NJDEP oversight of toxic site remediation to private firms.

The next on the developer wish list is legislation to revamp the State Planning Commission. It is portrayed as a method to coordinate planning and achieve consistency across State departments, local jurisdictions, and preservation/management zones like the Highlands, Meadowlands, and Pinelands. The State Plan will focus on achievements that no one can argue with-more and better employment, fair housing, lower poverty rates, rehabilitation of infrastructure and the ever-elusive efficiency. Actually, the proposal would allow the Planning Commission and its Planning Czar to overturn state regulations and local decisions in the name of economic development. Even the local master plans on which towns spent years of effort and financial resources would be in jeopardy.

On September 24, Legislative Director Mike Pisauro participated in a press conference organized by the NJ Chapter of Sierra Club to publicly oppose this measure before it gains momentum. As with previous schemes, this is not only bad for New Jersey, but also is at odds with the Federal government's delegation of authority to NJDEP to enforce the Clean Air Act and the Clean Water Act.

Particularly worrisome is one of three changes that are sought in State planning policy: "to coordinate State governmental policy toward growth " (emphasis added). The justification for the proposal includes language that has come to be code for rolling back environmental protections. "Sensible" environmental regulations are required, although "sensible" is undefined. Interestingly, the revamped Commission will reside in the State Treasury Department and there are no particular qualifications established for the super-powerful "State Planner." Stay tuned . . .

New Jersey Transit is following through on a plan for a direct connection between the Atlantic City Rail Line and the River Line that links Camden and Trenton. A new Transit Center in Pennsauken, just north of Camden will provide for simple transfers between the lines. A contract for the first phase of construction has been awarded and, pending environmental reviews, work is expected to begin before the end of 2009. The project should be completed by the end of 2012. Both rail lines have proven wrong the nay-sayers who insisted that travelers would not use them. A number of other enhancements are under consideration for the Atlantic City Line.

The Delaware River Port Authority (DRPA), which operates the PATCO High Speed Line between Philadelphia and Lindenwold, Camden County, is proposing a new connection between PATCO and the A.C. Line at PATCO's Woodcrest Station in Cherry Hill. Since the advent of the A. C. Line, transfers to and from PATCO trains have been made at PATCO's terminus in Lindenwold. The larger Woodcrest Station is near Route 295, and a connection there would be convenient for many more commuters.

Other projects that are being considered include a second track along a portion of the A. C. Line in order to accommodate more trains and a new station to at Atlantic City International Airport.

are being scheduled now by our Board member and Director of Education Gene Fox. To schedule a presentation for your school or community group, contact Gene directly at earlyfox@att.net

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 38 No. 3

	July - September 2009

	We Are In A Race To Preserve Open Space! Is It Worth $1 Per Month to Win the Race? PLEASE Vote "YES" On Ballot Question #1 for Open Space Funding on November 3 - After months of research, polling, and talking to the public and elected officials, New Jersey's Keep It Green Coalition (KIG) won the first battle of a two-part campaign. Read More ... Message from the President. NJEL-and the Keep It Green Campaign-Need Your Support - As you know from the disclaimers on our membership literature, dues and donations to NJEL are not deductible for Federal income tax purposes. Read More ... Barnegat Bay in Jeopardy - *By Mike Pisauro* July 30 the Assembly and Senate Environment committees held a joint hearing in Forked River, Ocean County. One of the three topics was the health of Barnegat Bay. Read More ... Bill to Regulate Off-Road/All Terrain Vehicles Is Delayed*- By Brenda Holzinger* As NJEL's Spring 2009 newsletter was going to press, the Senate Appropriations Committee approved bills S2055 and A823, intended to control the use of off-road (ORV) and all-terrain (ATV) vehicles on public lands. Read More ... Heads Up! An appointed "Super Planner" may be in New Jersey's future! - Need another reason to vote "yes" to protect open space from political winds and whims? Here it is . . . Read More ... Transportation News - A Mass Transit Improvement in South Jersey's Future - New Jersey Transit is following through on a plan for a direct connection between the Atlantic City Rail Line and the River Line that links Camden and Trenton. Read More ... Watershed and Drinking Water/Wastewater Treatment Model Presentations - are being scheduled now by our Board member and Director of Education Gene Fox. To schedule a presentation for your school or community group, contact Gene directly at earlyfox@att.net. Read More ... We Are In A Race To Preserve Open Space! Is It Worth $1 Per Month to Win the Race? Please Vote "YES" On Ballot Question #1 for Open Space Funding on November 3rd - After months of research, polling, and talking to the public and elected officials, New Jersey's Keep It Green Coalition (KIG) won the first battle of a two-part campaign to continue preserving open space. The first victory was persuading the State Legislature and Governor Corzine to approve placement of a funding measure on the November election ballot. KIG and its coalition members are now furiously pursuing the second objective-a "YES" vote by a majority of New Jersey's voters. As explained in NJEL's April-June newsletter, the last funds in the Garden State Preservation Trust Fund (GSPT) were allocated in June 2009. The bond issue providing those funds was authorized in 2007. The intention at that time was to provide some land acquisition resources while the Legislature established a permanent, constitutionally protected source of funding for future open space and historic preservation. Despite almost two years of prodding by land conservation and other environmental groups, the Legislature failed to do so. Since acquisition of land is often required to protect drinking water sources from pollution, a small state-wide fee on water usage seemed a logical funding mechanism. In a political climate where sound bites report, and distort, the number of tax increases a candidate supports, it is not surprising that such a fee-based plan was not embraced by elected officials. Instead, as the previous newsletter went to press, Legislative committees were considering a $600 million bond issue. Amid concerns about public acceptance of a bond issue during the current economic downturn, the total amount of the ballot question was reduced to $400 million. The bill authorizing placement of the question on the ballot was passed by the Legislature and signed by Governor Corzine on August 18. The individuals who are leading KIG and the organizations that comprise it are now engaged in a campaign to educate the electorate on the implications of the bond issue-and the consequences of rejecting it. The name of the Act that is the subject of Public Question #1 is unwieldy, but it perfectly describes its objectives. The Green Acres program, familiar to most of the public, will receive $218 million. Green Acres provides matching dollars for acquisitions of land by municipalities, counties, and conservation organizations. These land purchases preserve forests and other wildlife habitat, provide rural and urban recreational sites, and, particularly important, shield water supplies from the pollution caused by development. Similarly familiar is the Farmland Preservation Program, which will be allocated $124 million. State Farmland Preservation funds compound the money that counties allocate to preserving working farms. One important element with which voters may be unfamiliar is the allocation to "Blue Acres." The destruction of wetlands, overdevelopment along rivers and the coast and the increase in impervious asphalt and concrete cover has exacerbated flooding in New Jersey. "Blue Acres" funding of $24 million will be available to acquire and preserve land that is in jeopardy from flooding. The Bond Act will also provide additional funding for historic preservation projects. We know what the passage of the Bond Act will mean in terms of the preservation programs that it covers. What will happen if it is rejected, besides the obvious effect of not acquiring or conserving additional acreage? It is not just a question of forgoing as-yet-unidentified acquisitions in future years. Purchase decisions are not the results of window shopping or buying land simply because it is for sale. They result from analytical processes that take into account the migratory and breeding behavior of animals, the needs of plant populations, corridors that link critical areas, and contiguous parcels. Identification of critical areas and negotiations with owners can be lengthy. At the same time, owners who must sell their land for economic reasons cannot and will not wait indefinitely. Without an expectation of funding in a specific time frame, negotiations that are in progress NOW and even offers that have been accepted will be jeopardized. Where new property prospects have been identified, conservation groups cannot in good faith initiate negotiations. In the ironic twist created by the bursting of the real estate bubble, this is the most favorable climate for purchasing real estate in years. Prices and interest rates are down, while many owners are anxious to sell. Those conditions also favor investment by residential and commercial developers, as they anticipate a recovery. KIG has calculated that the per household cost of Public Question #1 will be less than ONE DOLLAR PER MONTH! Please vote "YES" so that open space, critical habitats, and drinking water sources are not lost forever to development. Message from the President. NJEL-and the Keep It Green Campaign-Need Your Support - As you know from the disclaimers on our membership literature, dues and donations to NJEL are not deductible for Federal income tax purposes. This is because while NJEL is a nonprofit organization, its mission is to influence legislation that affects the environment. As such, NJEL has a 501(c)4 designation from the IRS. In general, NJEL is ineligible for foundation or government grants, even for activities that are non-political, such as providing information to the public about environmental issues. This makes fundraising a challenge. Donors are more willing to give, and frequently increase their contributions, when an income tax deduction is available. In the current economic downturn, when many individuals must cut back on memberships and decrease their levels of giving, a tax deduction may be the deciding factor in an individual's decision about contributions. In recent years, even membership recruitment has become more difficult because of the negative connotation attached to the word "lobbying." On the other hand, a distinct advantage of NJEL's status is that there are no restrictions on the proportion of resources that NJEL can devote to lobbying. Organizations with a charitable designation [501(c)3], including our education/research arm the Environmental Education Fund may not devote a significant amount of their resources to attempting to influence legislation. Environmental advocacy and support of conservation efforts is our mission and NJEL's Directors, volunteers and part-time staff also work hard to conserve the financial resources you provide! NJEL staff members do not watch the clock, but contribute many volunteer hours over and above their official job duties. Our Board members and volunteers represent NJEL and EEF at hearings and meetings and provide environmental education at schools and public events without compensation or even travel expense reimbursement. Like most environmental organizations, NJEL needs the funds it raises from its members and other donors to carry on its work. Rarely can an organization afford to promote the fundraising of another group and NJEL is no exception. However, things are different during this campaign for open space funding. The leaders of the Keep It Green Campaign assumed the responsibility for persuading the Legislature to place the open space funding question on the ballot. This required contracting for polls that tested public support for open space funding and specifically for a bond issue, to demonstrate that it was a viable proposal. Now KIG is educating the public about open space preservation and Public Question #1. Polls showed that when the environmental implications of preserving open space were explained to voters, positive reactions to a bond issue increased significantly. But we must reach ALL potential voters. New Jersey is part of the most expensive media market in the nation. The public education and advertising campaign is expected to cost $1.6 million, even with the significant volunteer efforts that members and friends of environmental organizations are contributing. Enclosed in this newsletter is a flyer that KIG is distributing to educate voters and ask for help with the campaign. We are enclosing it in order to support KIG's efforts and facilitate our members' participation in this endeavor. ANY amount will help with the mission. Your NJEL Board members have already shown their commitments by making personal contributions to the KIG campaign. If you can contribute, mail your donation to the address indicated on the form, or visit the Campaign's website, www.njkeepitgreen.org, to donate online. If you are about to renew your NJEL membership or otherwise donate to NJEL and wish to add an amount for KIG, you may include that in your NJEL envelope and we will forward it for you. If this bond issue passes, will we abandon the effort to obtain a stable, permanent source of funding for open space, historic preservation, and flood mitigation? The answer is no. KIG and its members will start to work immediately to replace the pattern of stop-gap measures with a solution for the future. Barnegat Bay in Jeopardy - *By Mike Pisauro* On July 30 the Assembly and Senate Environment committees held a joint hearing in Forked River, Ocean County. One of the three topics was the health of Barnegat Bay. In terms of health, the Bay is best described as in critical condition. Barnegat Bay is the second most polluted estuary in the country! New Jersey's other estuaries are not far behind in their poor quality and they are expected to worsen. The joint committee heard testimony from environmental organizations and from representatives of NJDEP, the U.S. Environmental Protection Agency, Region 2 (New York), and the National Estuary Program. Much of the testimony focused on the eutrophication of the Bay. "Eutrophic" means "truly nourished." Eutrophication is accelerated plant growth in a body of water, caused by fertilizing agents. They may be naturally occurring organic matter or chemical fertilizers that are applied to agricultural fields, lawns, and gardens . Eutrophication may also result from the drainage of sewage, industrial wastes, or detergents into a body of water. As the proliferating plants die, the decaying vegetation depletes the water's oxygen supply. The fertilizer components phosphorus and nitrogen are key causes of eutrophication in the Bay. While some fertilizer manufacturers have reformulated their products to reduce phosphorus content, this is not enough to restore the health of the Bay. Fertilizer ordinances and campaigns to replace lawns with native plants and landscaping can also be part of the solution, but the exchange of water in the Bay takes place very slowly, so that measures to reduce pollutants will take years to produce significant results. My testimony on behalf of NJEL focused on preventing future degradation of the Bay by strengthening and enforcing the Coastal Area Facilities Review Act (CAFRA). I pointed to a recent Appellate Court case where the Court chastised NJDEP for ignoring the requirements of CAFRA regarding the construction of a home. I urged the Legislature to remove the infamous "24 unit" loophole from CAFRA, which allows residential developments of less than 25 units to escape CAFRA reviews. I testified that DEP needs to begin invoking Section 11 of CAFRA. Section 11 provides that DEP can deny or modify a permit if DEP believes that the cumulative impacts of the project would be detrimental to the environment. Bill to Regulate Off-Road/All Terrain Vehicles Is Delayed - *By Brenda Holzinger* As NJEL's Spring 2009 newsletter was going to press, the Senate Appropriations Committee approved bills S2055 and A823, intended to control the use of off-road (ORV) and all-terrain (ATV) vehicles on public lands. In NJEL's Fall 2008 newsletter, we reported on the various bills that had been introduced to protect drivers, the public, and public property from the actions of irresponsible operators of these vehicles. After more than a year of work by environmental organizations and legislative staffs, proposals for ORV/ATV registration, identification, and enforcement crystallized as S2055 and A823. After approval by the Senate Committee on June 22, we believed that votes by the full Senate and the General Assembly were imminent. Unfortunately, that did not happen. Legislation requiring the NJ Department of Environmental Protection to "try" to locate 3 ATV parks in the state is currently tie-barred to S2055 and A823, which means that both bills must move forward through the legislative process together. During the summer hiatus, representatives from the ATV enthusiast community worked with a well-known, national environmental group to locate potential sites for ATV parks throughout New Jersey. In fact, this group undermined the work of the environmental community when it jumped into the ATV legislative campaign only after the bills were poised for a vote in both the full Senate and Assembly, and used its influence to stop the forward momentum. No action is expected on this legislation until after the November 3rd election. However, these bills must be calendared and voted upon by both the Assembly and the Senate before the end of the year, which is when the current legislative session will end. A new legislative session will begin in January 2010 with a fully reelected Assembly and a slightly reconfigured Senate. So, if the current legislation is not acted upon during the 7 weeks following the election, the entire process will need to begin anew. Because this time frame is so short, your help is needed more than ever to pass this important legislation! Please contact your New Jersey State Senator and Assemblyperson and tell them that votes on S2055 and A823 need to be scheduled now! While action is delayed, irresponsible drivers continue to damage plant and animal habitat and violate the public's right to enjoy public parklands and forests. Parks and forests are public assets and a legacy that belongs to all of us. While much of their care is funded by taxpayers, improvements and maintenance are also frequently performed by volunteers from organizations like the New York/New Jersey Trail Conference. It is unfair that irresponsible people should impose costs on the taxpayer and on the ecology of our State. You can send a message to your State Senator and/or Assemblyperson through our web site. Visit www.njenvironment.org and click on "New Jersey Politicians." If you do not know who your State legislators are, our web site lists the municipalities that are in each District. Heads Up! An appointed "Super Planner" may be in New Jersey's future! - Need another reason to vote "yes" to protect open space from political winds and whims? Here it is . . . Environmental advocates became aware of proposals that are being prepared for introduction during the lame duck legislative session following the November election. We call them "builders' proposals" because they would favor development interests over the environment and residents. They are part of the "package" that began with the proposal for permit extensions and the hand-off of NJDEP oversight of toxic site remediation to private firms. The next on the developer wish list is legislation to revamp the State Planning Commission. It is portrayed as a method to coordinate planning and achieve consistency across State departments, local jurisdictions, and preservation/management zones like the Highlands, Meadowlands, and Pinelands. The State Plan will focus on achievements that no one can argue with-more and better employment, fair housing, lower poverty rates, rehabilitation of infrastructure and the ever-elusive efficiency. Actually, the proposal would allow the Planning Commission and its Planning Czar to overturn state regulations and local decisions in the name of economic development. Even the local master plans on which towns spent years of effort and financial resources would be in jeopardy. On September 24, Legislative Director Mike Pisauro participated in a press conference organized by the NJ Chapter of Sierra Club to publicly oppose this measure before it gains momentum. As with previous schemes, this is not only bad for New Jersey, but also is at odds with the Federal government's delegation of authority to NJDEP to enforce the Clean Air Act and the Clean Water Act. Particularly worrisome is one of three changes that are sought in State planning policy: "to coordinate State governmental policy toward growth " (emphasis added). The justification for the proposal includes language that has come to be code for rolling back environmental protections. "Sensible" environmental regulations are required, although "sensible" is undefined. Interestingly, the revamped Commission will reside in the State Treasury Department and there are no particular qualifications established for the super-powerful "State Planner." Stay tuned . . . Transportation News - A Mass Transit Improvement in South Jersey's Future - New Jersey Transit is following through on a plan for a direct connection between the Atlantic City Rail Line and the River Line that links Camden and Trenton. A new Transit Center in Pennsauken, just north of Camden will provide for simple transfers between the lines. A contract for the first phase of construction has been awarded and, pending environmental reviews, work is expected to begin before the end of 2009. The project should be completed by the end of 2012. Both rail lines have proven wrong the nay-sayers who insisted that travelers would not use them. A number of other enhancements are under consideration for the Atlantic City Line. The Delaware River Port Authority (DRPA), which operates the PATCO High Speed Line between Philadelphia and Lindenwold, Camden County, is proposing a new connection between PATCO and the A.C. Line at PATCO's Woodcrest Station in Cherry Hill. Since the advent of the A. C. Line, transfers to and from PATCO trains have been made at PATCO's terminus in Lindenwold. The larger Woodcrest Station is near Route 295, and a connection there would be convenient for many more commuters. Other projects that are being considered include a second track along a portion of the A. C. Line in order to accommodate more trains and a new station to at Atlantic City International Airport. Watershed and Drinking Water/Wastewater Treatment Model Presentations - are being scheduled now by our Board member and Director of Education Gene Fox. To schedule a presentation for your school or community group, contact Gene directly at earlyfox@att.net *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