Archive for January, 2009

Cleaning Up Clean-ups in NJ

Written by Mike Pisauro on January 29th, 2009 in Clean Up, legislation | No Comments »


Late Monday afternoon the legislature released what is likely to be the final draft of the State’s proposed revisions to its site remediation laws.  I have written about the bill proposal before (here).  The administration has continued to push a solution that will not enhance the protections we all deserve and will in fact likely reduce those protections.

Several groups including the group I represent, New Jersey Environmental Lobby, have been opposing this bill and held a press conference on Wed. outlining the environmental communities’ concerns over the bill.  A copy of the press release can be found LSP Press Release.

One of the biggest issues surrounding this bill is that the administration is bent on sending the responsibility for cleanups to third parties.  Those third parties are the companies that are being paid by the responsible party to investigate the site, develop the cleanup plan and to actually undertake the remediation.  While I believe that there are good consultants at there, something is very broken.  Over the last several years we have seen too many instances of properties that were supposed to be clean but were not.  Just a few examples:  Kiddie Kollege, W.R. Grace in Hamilton, the Edison Ford Plant, Martin Luther Middle School in Trenton.  These are the very same consultants that will be responsible for certifying to the DEP that they are doing everything that is required under the statutes and regulations.

Another very interesting thing about this process is that DEP routinely receives documents that are incomplete or inaccurate from the very same consultants that will be trusted with overseeing the cleanups.  DEP employees then have to spend time and effort to have these submissions corrected.  This is time and effort that could be better spent on ensuring that cleanups are proceeding according to the law.

Lastly, these DEP employees are funded by the permit fees submitted by applicants.  These employees are not a drain on taxpayers.

There is no question that site remediation is broken, but the “LSP” bill is not the solution.

The Senate Environment Committee will be holding a hearing on Monday, Feb. 2nd where the committee will be taking testimony.  There will be a second hearing where the committee will not be taking testimony but will be voting on the bill.


More promises on NJ's open space

Written by Mike Pisauro on January 18th, 2009 in Clean Air, Clean Water, Global Warming, Highlands, Politics, Sustainability, legislation | 1 Comment »

During this year’s State of the State speech, Governor Corzine stood before both houses of the legislature and spoke about the State’s commitment to open space. He said:

A second topic of vital concern is “open space,” and it’s a tough one. Not because we don’t want it, but because it’s a tough financing issue. Open space preservation has always been one of New Jersey’s priorities and which should be today, and it must be addressed before June 30th. It is my preferred approach that we put in place a long-term funding solution.

That said we need, at a minimum, an interim-bonding question for November’s ballot to extend the financing the voters approved in 2007.

On the face of it this is good news for the State’s open space program as that program is out of money. Unfortunately, this is not the first time that the Governor committed himself to open space preservation. He has on multiple occasions spoke on his and the State’s commitment to preserving open space. He has not followed through with his commitment. In fact he has on occasion worked against open space funding. In 2007 the legislature was moving strongly on passing legislation that would have created, with voter approval, a long term funding solution for open space. The Governor’s office stopped it and gave us a temporary solution instead, P.L. 2007 Ch. 119. When he signed P.L. 2007 Ch. 119, he promised that he would work with the legislature, during the lame duck session, to put in place a permanent solution. There was no leadership from the Governor’s office and his promise that during Nov and December 2007 a solution would be worked out did not occur.

Then on Sept. 5, 2008, Gov. Corzine issued Executive Order 114 regarding the Highlands. That E.O. provides that:

WHEREAS, in enacting the Highlands Act, the Legislature found and declared that, as a matter of wise public policy and fairness to property owners, a strong and significant commitment by the State is necessary to fund the acquisition of exceptional natural resource value lands; and

WHEREAS, it is vital that the Garden State Preservation Trust be reauthorized and that a statewide transfer of development rights program be considered to meet the open space and agricultural preservation needs of the Highlands Region and the State, and, in part, to address landowner equity issues in the Highlands Region.

Since September there has not been any direction from the Governor’s office on open space funding.

At the beginning of December, the Department of Environmental Protection released its draft Global Warming Response Act Recommendation. The Plan calls for funding of GSPT and calls for the legislature to

Reauthorize the Garden State Preservation Trust, and provide for incentives, technical assistance, and project facilitation, to continue and enhance conservation of the State’s natural assets.

I hope that the cumulative weight of all these promises forces the Governor and the Legislature to act and put in place a permanent solution for open space funding. New Jersey needs to actively preserve open space. Preserving open space is vital to the State of New Jersey for multiple reasons.

Over the last several years, NJ has been loosing open space at a rate of 16,600 acres per year. As we continue to lose space we increase sprawl, increase the time it takes for people to travel from home to work and back again. This increases everyone’s commuter costs and increases the amount of air pollution, including greenhouse gases, we emmitt.

As we continue to develop and put impervious cover over our lands, we diminish our ability to recharge our aquifers. New Jersey relies heavily on aquifers for its drinking water, especially in South Jersey. It is also one of the most important tools for preserving the drinking water from the Highlands, which supplies water to over half of new jerseyans.

As we loose more and more open space, one of our tools to address global warming is lost. From a global warming perspective the “estimated 1.5 million acres –one third of New Jersey’s dry land mass” which has been preserved provides for “substantial amount of carbon storage.” Open space, especially forest, act as a carbon sink.

Open space preservation is also important from an economic perspective. The eco-tourism industry in New Jersey provides close to $3.9 billion in economic benefits. Our natural resources also provide about $19 billion in economic benefits. In a time when property values are decreasing, it has been found that properties in close proximately to open space have a higher value than properties further away. Our open space funds also go to preserving farmland. Open space funds can be used to get people out of the flood plains so that we do not have to rebuild homes that have been destroyed by floods on multiple occasions. Open space is a multifunction tool in our economic engine.

In short, the Governor and the Legislature must keep their promises to putting in place a permanent funding solution for open space. It is too important economically and environmentally for us to allow this promise to be broken again. For more information on the campaign for open space, you can visit the Keep It Green Campaign’s website.


Lisa Jackson's confirmation hearing today

Written by Mike Pisauro on January 14th, 2009 in Uncategorized | No Comments »

Today, the U.S. Senate Committee on Environment and Public Works will be taking testimony on Lisa Jackson’s appointment as EPA commissioner.  Lisa wsa the former Commissioner of NJ DEP.  The hearing will begin at 10a.m.  I believe you can listen to the hearings as they occurr by clinking on this link.


Tidal Power coming to NJ

Written by Mike Pisauro on January 11th, 2009 in Clean Up, Ocean, Renewable Energy, Uncategorized, Wave & Tidal | No Comments »

Tidal power is coming to NJ.  On Dec. 17, 2008, the Federal Energy Regulatory Commission (FERC) granted a preliminary permit to Natural Currents Energy Services (NCES).  The company proposes to install two in stream tidal turbines, in the Manasquan River, to generate approximately 150,000 to 300,000 KW hours of electricity per year.  The electricity would be used to power the Kingsbridge Marina and Kingsbridge Financial Groups buildings in Point Pleasant, NJ.  NCES notes that any excess would be sold back to the grid per NJ’s net metering laws.

The preliminary permit is the first step in a multistep process before permission is granted to install and operate the turbines.  The issuance of a preliminary permit only allows NCES to the study the environmental impacts of the proposed project and will provide priority for NCES’ application for permits to install and operate the project.   The preliminary permit does not allow NCES to actual install the turbines and operate them.  Once the studies are complete than an applicant to apply for a FERC license.

NCES is proposing to study the site’s geology, navigation and local marine ecology during the preliminary permit period.  The study will look at the proposed project’s impact on fish and marine animals between January to December 2009.  For example, NCES is proposing to study the impact of fish passing through the turbines between May and August 2009.   As part of the permit application process various Federal and State agency filed comments to the application.  According to the National Marine Fisheries Service, the proposed project location is habitat for eighteen federally managed species.  Some of these species are: winter flounder, windowpane, Atlantic butterfish, summer flounder, scup, black sea bass, alewife and blueback herring.  NMFS is concerned that the proposed studies are not designed to give adequate data on the impacts of the turbines on the fish populations as it is scheduled for times where some fish are not present.   Therefore, NMFS is suggesting the studies continue for a full year.

Now that the permit has been issued, NCES has 45 days to submit a schedule. They must also submit reports every six months on the project.  Hopefully, FERC and the other interested agencies insure that the applicant crafts the studies to be meaningful and not merely to minimize any possible negative results.  Once all the data is collected then during the licensing process it can be determined whether tidal turbines make sense for this location.

If the site is appropriate it will help NJ meet its class 1 renewable goals of 22.5%.  Wave and tidal generators are classified as Class 1 renewable energy.  It is interesting that while this permit had been filed during NJ’s energy master plan process, there is barely any mention of wave or tidal energy as part of the recently issued EMP.   What role should tidal power have or can have in NJ?  Also, should NJ encourage these kind of projects in the State and if so how?