Archive for the ‘Politics’ Category

Obama Administration channels Bush and opens up the seas to oil

Written by Mike Pisauro on April 5th, 2010 in Federal, Global Warming, Ocean, Politics | No Comments »

Last week the Obama Administration announced that it would open up the outer continental shelf or oil and gas production. It was a proposal that is very reminiscent of the Bush Administrations removal of the decades old ban on offshore drilling which I wrote about in “Another short sighted solution that solves nothing.”  While this proposal sounds like a Bush administration plan, it is supposed to be part of a broader energy strategy.  President Obama in is announcement of the plan said:

I want to emphasize that this announcement is part of a broader strategy that will move us from an economy that runs on fossil fuels and foreign oil to one that relies on homegrown fuels and clean energy.  And the only way this transition will succeed is if it strengthens our economy in the short term and the long term.  To fail to recognize this reality would be a mistake.

The problem with the plan is that I do not thin it will do what it is supposed to do.  The Obama Administration’s plan to open up the OCS will do little to reduce fuel prices or availability of fossil fuels.  It is also naïve to think that the oil and gas developed off our coasts will remain in the country.  That oil and gas will go to the highest bidder no matter where they are located.  It will also subject to the OCS from additional pollution.  Pollution that is caused by the drilling process.  Pollution that is caused by leaks in the systems of offshore drilling platforms, vessels and from the pipelines.  Pollution that may arise from spills and other accidents.

Our oceans are already severely impacted by our pollution.  To increase the amount of chemicals that are leaked into the oceans through the drilling process is not going to help our oceans.  Also, is there were to be a major spill, that would devastate NJ’s economy.  In 200?, NJ tourism was the second or third biggest industry in the State.  If an oil spill was to occur off our coast, it could foul our beaches.  And oil spills do occur.  In January of this oil an oil tanker spilt 450,000 gallons in Port Arthur, Texas.  In 2007 a tanker spilled 57,000 gallons of fuel into the San Francisco Bay causing $70 million of damage to the fisheries and beaches.  I am not even mentioning The Valdez.  By some estimates Hurricane Katrina caused 6.5 millions gallons of oil to be spilled into the environment.

There is another problem with opening up the OCS for oil and gas exploration.  Even though the President suggests this is a short term plan.  The short term plan seems to be counter to the Administrations clean energy platform and to combating global energy. As President Obama said last years United Nations Conference on Climate Change:

Now, as the world’s largest economy and as the world’s second largest emitter, America bears our responsibility to address climate change, and we intend to meet that responsibility.  That’s why we’ve renewed our leadership within international climate change negotiations.  That’s why we’ve worked with other nations to phase out fossil fuel subsidies.  That’s why we’ve taken bold action at home — by making historic investments in renewable energy; by putting our people to work increasing efficiency in our homes and buildings; and by pursuing comprehensive legislation to transform to a clean energy economy.

I am also very concern that this new push for more oil and gas signals a retreat from or at least will impact our Country’s move toward renewable energy and to away from a commitment to combat climate change.  How are we going to stop incentivizing oil and gas when we open up more areas for drilling?  Are we going to lease them out for their full value?  How are we going to grow the green energy while telling the world that oil and gas is here to stay?  How do we credibly tell the world that we will lead it in solving climate change, when we cannot let go of the past.

Opening up the OCS for more oil and gas exploration is the wrong policy for many reasons.

NJ Governor Canditates promote renewable energy, NJ needs more than rhetoric

Written by Mike Pisauro on July 18th, 2009 in land use, legislation, Politics, Renewable Energy | No Comments »

Recently the Republican and the Democratic candidates for NJ governor addressed renewable energy. NJ needs renewable energy. The Country and the World needs the switch to renewable energy. Christie’s website indicates we have one of the strongest renewable energy portfolio standard (RPS), but rank 48th in the country for renewable energy generation. Why? Well according to the EIA a vast majority of the renewable energy capacity and generation in the country is hydro power. NJ does not have a lot of hydro possibilities. So, if you take out hydro from the calculations, I am not so sure that NJ is doing so badly. For example, NJ is second only to California in solar generation. Granted NJ is a long way down from California but it is still ahead of 48 other states. Take a look at NJ is #2 in Solar and seeking to increase.

After hearing and reading about Chris Christie’s stump for renewable energy, I took at look at his website for more information on how he plans on getting us to the promised land of more renewable energy. With two exceptions the plan was a little sparse. Lots of rhetoric and not a lot of detail. Mr. Christie indicates that one of his methods encourage manufacturers of renewable energy systems to build plants here is to offer a credit of up to 100% corporate business tax or the insurance premium tax. I am not going to delve into the murky depths of whether a 100% tax credit is good or bad. I do wonder how a tax credit encourages the installation of renewable energy in NJ. The plan may or may not encourage companies to locate here, but it does not affect the actually installation of systems in NJ.

Christie also pledges to make solar farms a permitted use under our land use laws. He also pledges to require all landfills to install renewable energy systems on their properties. Lastly, he would allow up to 20% of a preserved farm to be used for solar farms instead of traditional farming products, i.e. vegetables, fruits, etc. There is no mention in his plan on how he will encourage and grow the use of wind energy in the State.

On the other hand, Gov. Corzine’s campaign website has no mention of a renewable energy plan. I presume he will point to the Energy Master Plan released late last year. That plan calls for 1000 megawatts of offshore wind by 2012 (that time frame looks to be way off, please see my post on MMS leases), and an increase in renewable energy generation to 30% by 2020 from the current goals of 22.5%. Those are good goals. But like the Christie plan goals without real concrete steps on how to reach them are not useful. The EMP is short on implementation. As noted above, NJ is not going to have 1000 megawatts of offshore wind by 2012.

Christies plan for solar farms on preserved farmlands is in one shape or form already in the works. S1538 was introduced in the Senate on March 17, 2008. It would allow wind, solar and biomass generation on up to 1% of the farmland including preserved farmland. The bill was passed in the Senate in June 25, 2009 and referred to the Assembly appropriations committee. An Assembly version was heard and reported out of committee, but it has not been considered by the full Assembly yet. With the upcoming elections in the Assembly, it may not be voted on by the full house until after the November elections.

There is also a bill (S1303) that would define wind and solar generation systems as inherently beneficial for land use purposes. This bill has passed out of both houses and is waiting for the Governor’s signature. That bill took almost a year and half to get where it is now. Hopefully the governor signs it into law. This bill is not the full measure that Christie calls for, but is a very small step in the right direction.

Last year the State did enact a law last year that prohibits municipalities from considering the value of renewable energy systems when calculating a properties value. That is a good step in encouraging people and businesses to install renewable energy systems. The law removes a perverse disincentive to renewable energy.

While it is good that both the Democratic and the Republican candidates have made renewable energy a part of their campaign, the State, its citizens and the environment needs more than rhetoric. The State needs to take the goals of the EMP and to implement them in an effective and efficient manner. The State will have to move several pieces of legislation in order to meet the 30% RPS goals some of which are noted above.

One of the most important steps to bringing renewable energy jobs and renewable energy to NJ is the removal of State and local impediments to renewable energy installation even the 22.5% goals by 2021 that are currently in place are unreachable. I have also called for the passage of a state law that would prohibit municipalities from restricting the installation of renewable energy systems. I have published an article discussing the conflicts between renewable energy and land use law. So far no legislator has been willing to introduce that legislation to would truly move the State to a renewable energy future. I do not believe that such legislation should not be earth shattering but would be a change in emphasis. We would be putting teeth in our current land use laws that require:

NJSA 40:55D-2.   It is the intent and purpose of this act:

a. To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare;

j. To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the State and to prevent urban sprawl and degradation of the environment through improper use of land;

n. To promote utilization of renewable energy resources . . .

Proposed legislation would elevate the goals of the land use laws to requirements for municipalities to meet. Municipal restrictions on renewable energy should be prohibited by state law unless there is a true public health and safety issue. This proposed legislation would be in line with laws already in places like California and Wisconsin. Such legislation would put teeth into the goals of NJ’s land use laws and to coordinate the States strong goals of promoting renewable energy. Hopefully, who ever the next Governor of NJ is, that person keeps their commitment to renewable energy and puts in place measures to really meet those commitments.

State, Regional and National focus attention on our Oceans.

Written by Mike Pisauro on June 22nd, 2009 in Clean Water, Federal, legislation, Ocean, Politics | No Comments »

June, as national ocean month, has been a fairly busy one. Two weeks ago the Governors of NY, NJ, DE, MD, and VA met in NY to create the Mid-Atlantic Regional Council on the Oceans. Governor Corzine has just appointed members to the NJ Coastal and Ocean Protection Council. President Obama also has created an inter-agency task force. These are all laudable steps on addressing the dire condition of the Oceans. They are long overdue steps.

In 2003 and 2004 the Pews Ocean Commission and the U.S. Commission on Ocean Policy issued their reports on the health of our oceans. Without going into great detail the cliff notes of these reports were that our oceans are in serious jeopardy and actions had to be taken to reverse course. It has been 5 to 6 years since those reports were issued and at least in NJ the course has not been reversed. There might be debate on whether the continued degradation of our oceans has been slowed, but it clearly has not been reversed. There is still a dead zone stretching along 100 miles of NJ’s coast. Fishing stocks are still declining. Pollution is still running off compromised watersheds further deteriorating the health of our ocean. At the same time there is a push to increase exploration for fossil fuels and to install new renewable energy off our coast.

In order to help NJ address the Pews and U.S. Ocean recommendations, the New Jersey Coastal Ocean Coalition issued a report called: Ocean Protection in New Jersey: A Blueprint for Success. After several years of lobbying, the COC successfully got passed and signed into law the Coastal Ocean Protection Council law. That law took effect on January 13, 2008. In part the law created a council to help the State look at the issues affecting the coast and how best to address the issues. It took over 18 months from the time Governor signed this legislation into law to when he made appointments to the council. It has been 18 months without the council working towards strategies on improving NJ’s regulation of the ocean and coastal environments. It has been six years since the Pews report called for coordinated approaches toward regulating this resource without any meaningful movement to correcting the problem.

When Governor Corzine, entered into the Mid-Atlantic Regional Council on the Oceans he said:
Any threat to these natural resources brings economic consequences that threaten jobs, local economies, and our economic well being. New Jersey is committed to working with our Mid-Atlantic partners to provide adequate safeguards and formulate a shared vision for the region’s future.

This is not a new sentiment, but one that the State asserted when the New Jersey’s Coastal Area Facility Review Act was passed in 1973. I hope that New Jersey and the surrounding states are seriously but addressing the multiple threats to our oceans.

We need a mechanism to coordinate policy with our neighboring states because as we all know the water along our coast does not stay within the jurisdiction of anyone state, but it moves. It is the plan that the Council will help the States examine the issues on the regional level and help the State address them in ways that are not counterproductive to each other.

Even more recently, the President created the Ocean Policy Task Force. One of the goals of the Task Force is to propose a national policy that will protect, maintain and restore the oceans, coastal and Great Lake ecosystems including the implementation of adaptive management; a way to coordinate interagency actions, and how to implement these proposals. The Task Force is also put together a recommendation for coastal and marine spatial planning. If I am reading this Memorandum right the goal for the Task Force is to take the recommendations of the U.S. Commission on Ocean Policy and to figure out how to implement it.

These are very important concepts that I hope are more than catchy phrases to government. If these are no more than words than there will not be an improvement. These words must the announcement of actual action. For NJ, they must implement the Coastal and Ocean Protection Council and allow the council to get to work. For the Mid-Atlantic Regional Council on the Oceans the States must look how many of their regulations both water and land based affect the oceans and how each State can compliment their neighbor’s work. Lastly, the Federal Task for can look at how to assist the States and Mid-Atlantic Regional Council on their missions as well as to provide a uniform framework across multiple agencies on how to cherish and protect this vital resource. We will see if actions do speak louder than words.

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.

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.

Has Jackson even unpacked yet?

Written by Mike Pisauro on December 11th, 2008 in Politics | No Comments »

Lisa Jackson is likely the shortest staying chief of staff in NJ history. Ms. Jackson left the post of DEP commissioner. She was supposed to have started December 1st as Corzine’s chief of staff. President-elect Obama has named Lisa as the EPA administrator.

DEP gets a new captain

Written by Mike Pisauro on November 19th, 2008 in Politics | No Comments »

Gov. Corzine has selected Mark Mauriello to head the DEP.  Mr. Mauriello will take over immediately pending his confirmation by the Senate.  The announcement is here.  This is a period of change not only as to who is heading DEP, but within its programs. DEP has pushing the privatization of site remediation, permit efficiency, disbanding the Division of Science,  and attempting, with BPU’s help, to tackle global warming.   DEP will need strong leadership that keeps the eye on the ball, protecting the environment.  I hope Acting Commissioner Mauriello steers this massive ship in the right direction.

Offshore wind, renewable energy and carve outs

Written by Mike Pisauro on November 18th, 2008 in Clean Up, Ocean, Politics, Renewable Energy | 1 Comment »

New Jersey, as does many other states, has a renewable energy portfolio standard (RPS).  This requires utilities to either generate a certain percentage of the energy used in the state from renewable sources or to pay others to generate that electricity from renewable sources.  This payment is in the form a renewable energy credits (RECs).  People and companies that have wind turbines or solar panels (among other sources) create RECs for each megawatt of electricity that is generated.  These RECs are then purchased by the utilities to fulfill their RPS obligations.

Currently NJ requires that 22.5% of electricity comes from renewable sources by May 31, 2021.  Because the BPU and the State of New Jersey want to encourage the development of solar energy, the RPS has a carve out for solar energy.  By May 31, 2021 2.12% of our electricity must come for solar systems.  The remainder of the 20.38% is required to come from Class I and Class II renewables.  Wind and solar are examples of Class I.  Hydro and resource recovery facilities are examples of Class II systems.

Two things are occurring that will change this landscape.  First, the energy master plan seeks to increase the RPS requirements.  The RPS will be increasing to 30% once BPU proposes new regulations to implement the EMP.  Again, there will be a carve out for solar energy.  Under the EMP the state is expecting 2,120 gwh of solar energy which is an increase of gigawatts.  The State is also seeking 3000 MW from offshore wind by 2020.

The second new event is that the BPU is considering a carve out for offshore wind.  This would make two class I carve outs.  BPU is looking to see whether it is feasible or advisable for there to be a carve out to encourage offshore wind farms so that the EMP’s goals of 1,000 MWs can be reached by 2012 and 3,000 by 2020.  BPU is setting up a stakeholder process to determine whether if to set up a carve our; how to set up a carve out, what the schedule for the RPS should be and other factors.  A copy of the BPU’s order is here.

The solar carve out is probably a major factor in NJ being the second in the nation in energy generated from solar systems.  California is number one.  The question is can a carve out for offshore wind accomplish the same thing.   Also, is a carve out even necessary?

DEP Commissioner to Chief of Staff to EPA Administrator?

Written by Mike Pisauro on November 14th, 2008 in Politics | No Comments »

Commissioner Jackson could potentially be the shortest serving chief of staff in NJ history.  Effective Dec. 1st, she will no longer be DEP commissioner but will be Governor John Corzine’s chief of staff.    She was also named by President-elect Obama’s team to be part of his transition teams for Energy and Natural Resources, i.e. searching of a new EPA administrator.  She is also being considered to the position of EPA Administrator along with Robert F. Kennedy, Jr., Carol Browner, Kathleen McGinity and others.  Also, there is still no word on who the new commissioner of DEP will be.