Archive for the ‘legislation’ Category

Perfect Storm for site remediation disaster

Written by Mike Pisauro on March 22nd, 2009 in Clean Up, legislation | 3 Comments »

On March 16th both Houses of the State Legislature passed the Licensed Site Professionals bill without very very few no votes. The bill will be on the Governor’s desk and it is expected that he will sign it with all haste.

With the LSP Bill, the DEP will have to undertake several things to implement the bill. They will have to implement a temporary licensing program for LSPs; remediation time frames, presumptive remedies, and support the LSP board once it the members are appointed among other activities. Additionally as the LSP does not automatically apply to current sites, the DEP will have to continue to oversee remediations for active sites. Once sites come in under the LSP program, DEP has to review all of the 1000s of documents that are generated from cleanups.

At the same time as the site remediation program’s responsibilities will increase in the short run, its budget will decrease. The Governor’s proposed budget reduces funding to site remediation by 4 million.

Environmentalist already had concern over the many loopholes in the bill and the lack oversight with a fully funded DEP; those concerns are magnified as the site remediation program is underfunded.  Remember 50% of the RAO reviewed by Mass DEP required more work or were invalidated.  How soon before something slips through the cracks here in NJ.


Both houses about to approve LSP bills.

Written by Mike Pisauro on March 15th, 2009 in Clean Up, legislation | No Comments »

On Feb. 26th both the Senate Environment Committee and the Assembly Environment and Solid Waste Committee released the LSP bill without a single concern or hesitation.  On Monday, March 16th, both the Senate and the Assembly will be voting on the bill.  It is expected that once passed the bill will be run over to the Governor’s office and signed as soon as possible.  For more information on the LSP bill you can read my previous posts. (here and here and here).


NJ legislature about to pass the buck on clean-ups

Written by Mike Pisauro on February 25th, 2009 in Clean Up, legislation, Politics | 1 Comment »

As I wrote in prior posts (here and here) the State is pushing a complete revamp of our site remediation bill.  On February 2nd, I and other environmentalists testified before the Senate Environment Committee in opposition to the bill.  Our written comments can be found here: Enviro’s comments on s1897.

Tomorrow both the Assembly Environment and Solid Waste Committee and the Senate Environment Committee will consider S1897 at a joint hearing. I expect the bill will be passed out of the committee in short order tomorrow and then make it to a vote in both Houses. The bill has gone through many changes since the Feb. 2nd hearing and almost none of the changes have been for the better.

For example the latest version of the bill removes any DEP oversight of the cleanup by the worst offenders until the responsible party violates the cleanup regulations at least twice. The worst offenders are going to be given at least two more bites at the rotten apple before DEP may take over even if they already have a long history of non-compliance up to now.

Another example is that DEP’s is only required to “audit” 10% of the documents submitted during a year.  Given that a cleanup could involve hundreds of documents and multiple that by all of the cleanups going on during a year, 10% of all of the documents submitted in a year is grossly inadequate to fully protection people and the environment.  The DEP cannot audit LSPs but must ask that the LSP board undertake an audit.  There is no requirement that the LSP act on the DEP’s request. There is also no requirement that a LSP board member step aside if an audit is against one of the board member’s co-workers.

Another example is the bill will do little to protect those who need protection the most, our children. While the bill provides that cleanups on properties that will be residences, schools and day care should be cleanup to an unrestricted standard, those properties can also be cleaned up to a presumptive remedies (a standard to be developed by DEP) or using engineering or institutional controls. This means that contamination will remain on the property under a layer of concrete, pavement or additional dirt. Children whose bodies, including their hearts, lungs, brains and nervous systems, are developing are more susceptible to the effects of toxins. If the Mass. model is any indication of how cleanups are going to occur in NJ less than a third of the cleanups will be to an unrestricted level. This is not acceptable. It is also unacceptable that the legislature has repeatedly refused to provide enhanced protection to recreational fields in addition to residences, schools and daycare centers.

In short, fast cleanups are not necessary good cleanups especially if they have to be redone at a later date after people have been exposed to hazardous levels of pollutants.


Federal RPS has been introduced

Written by Mike Pisauro on February 8th, 2009 in legislation, Renewable Energy | No Comments »

On Wed. Representative Markey posted a bill that would create a Federal Renewable Portfolio Standard (RPS). The bill proposes that a certain percentage of the electricity generated in the country comes from renewable sources. The bill proposes the following schedule:

Year Required %

2012 ……………………….. 6.0%

2013 ……………………….. 6.0%

2014 ……………………….. 8.5%

2015 ……………………….. 8.5%

2016 ……………………….. 11.0%

………………………..

2023 ……………………….. 21.0%

2024 ……………………….. 23.0%

2025 – 2039 …………….. 25.0%

Overall, this bill is a modest proposal. Currently, 31 states plus D.C. have various forms of a RPS already in place. For example under this bill the country would be generating 21% of its electricity from renewable sources by 2022. This compares well with Arizona, for example which has set 12% for its 2022 goal. And it compares well with NJ which currently requires 22.5% by the same time frame. Please note that under the recently released EMP NJ is proposing to increase its 2022 goals to 30%. It does not compare as well as California which is going to require 33% of its electricity to come from renewable sources by 2020. New York has targeted 25% of its electricity should come from renewable sources by 2013.

There are several good things in this bill. First, by creating a national RPS there will be a drive to changing how we create energy from fossil fuels to renewable energy. Second, the bill has, like almost all environmental bills, a clause which allows States to do better than the Federal government has proposed. So, even if this bill is enacted, California’s goal of 33% by 2020 will not be negatively affected by the Fed’s goal of 17.5%. NJ can continue to pursue its goals of 30% by 2020 as well.


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, legislation, Politics, Sustainability | 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.


U.S. somehow is #1 for wind energy

Written by Mike Pisauro on December 31st, 2008 in legislation, Renewable Energy, Wind | No Comments »

The American Wind Energy Association noted in their 2008 Year End Review that the United States is #1 for wind energy production.  We as of September 2008 produce more than 21,000 megawatts of electricity from wind turbines.  AWEA’s news release is here.  Given the Bush administration’s lack of interest in renewable energy and the almost expired tax credits for renewable energy, this is fairly amazing.

With President Elect Obama’s professed support for renewable energy and NJ’s goal of 30% of our electricity coming from renewable sources in our new energy master plan, I hope NJ and the rest of the Country can improve on this milestone.  Given local opposition to the installation of wind turinbes in New Jersey I do have my doubts whether NJ will be a leader in wind energy.  That opposition comes from towns and individuals seeking to ban wind turinbes or objecting to their installation.  There is at least on bill in the legislature which would make it somewhat easier for a person or business to install wind turbines on their property but that bill cannot get a hearing in an Assembly committee and does not seem to be moving in the Senate either.

I have hopes, but I am not holding my breath.    Hopefully 2009 brings better things.


Governor does not veto Permit Extension Act

Written by Mike Pisauro on September 8th, 2008 in legislation | No Comments »

Unfortunately, the Governor did not listen to the call of environmentalists and signed the Permit Extension Act into law.  As I noted yesterday, this is bill is a mistake.


Enviros seek Governor's veto of Permit Extension Act

Written by Mike Pisauro on September 7th, 2008 in legislation | No Comments »

Last week, New Jersey’s environmental leaders called upon the Governor to conditionally veto the Permit Extension Act. Here is the Press Release on Permit Extension Act and a copy of the letter sent to the Governor. Letter to Governor. The Permit Extension Act was rushed through the legislature in short order and put on the Governors desk to sign at the end of June. See my previous posts here. and here and here. New Jersey’s Eastern Environmental Law Clinic released an analysis of the bill’s provisions that resurrects permits that have already expired and found that this provision may violate due process.   The Eastern Environmental Law Clinic also found that:

The retroactive nature of this clause has the potential to upset reasonable economic expectations, interfere with sound planning, result in anomalous outcomes breeding confusion and litigation, and could he illegal.  Eastern Environmental Law Clinic

So far the Governor has not signed the bill into law and that is a good thing, but he has not vetoed it either. If the bill is not vetoed than it becomes law by default.  It is a good thing because as I said in the press release:

“Sacrificing the environment for economics is a false choice that ends up hurting the economy, not improving it,” added Mike Pisauro of New Jersey Environmental Lobby. “The Permit Extension Act sacrifices the environment without providing any immediate economic help to those who need it. Government needs to protect our natural resources so that we have a healthy environment to live in and the economy has the natural resources it needs to develop and grow. The Permit Extension Act is not the answer.”

During all of the testimony that was presented in favor of the bill and all of the commentary that I have read about the bill, I have not seen once inch of explanation on how this bill will do anything to spur the economy in the short term. As I have said at the hearings on this bill, the problem is not that the permits expired but that the developers could not get funding for their projects before their permits expired. Extending those permits does not to provide funding for these projects now. If it does not to provide funding now, how does this bill help the economy now? How does this bill help men and women who are not working get back to work now? If the bill does not help the economy now is it worth the damage to the environment? I truly believe the answer is no.


0 to 60- Permit Extension Act passes both houses.

Written by Mike Pisauro on June 24th, 2008 in legislation | 1 Comment »

Yesterday, a much amended permit extension act was passed in both houses. It was approved by a vote of 70 -9 – 0 in the Assembly and 33 – 2 in the Senate. It now awaits the Governor’s signature. It took just 33 days from introduction to passage in the legislature.