Posts Tagged ‘governor’

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.

Licensed Site Professionals Bill is now law

Written by Mike Pisauro on May 12th, 2009 in Clean Up, legislation | No Comments »

On Thursday, May 8th the Governor signed into law the licensed site professional bill (which I have written several times about).  While signing the bill the Governor also issued Executive Order 140 which is a clear indication that there are major problems with the LSP bill.

The EO provides that DEP must increase its auditing, monitoring and review of sites that have impacted groundwater, are to be used for residential, schools, childcare or playgrounds/ball fields.  The EO also requires that within the first 24 months DEP must perform at least one case review of documents submitted by every LSP.  Also, DEP is required to provide Technical Assistant grants (TAGS) to at least 5 environment groups per year to help deal with the LSPs.

Instead of conditionally vetoing this bill, the Governor issued this E.O. which can be undone by him at any time or by the next Governor.  Also, the site remediation program’s proposed budget is significantly cut from last year.  So even if there is a good faith desire to meet these requirements, if DEP does not have the resources, how can it comply with the E.O.?

Lastly, Acting Commissioner Moriello, during the budget hearings, has committed to having the temporary licensing and LSP board in place by the summer.  So that the private oversight of cleanups can move full steam ahead.  The question becomes when does the next Kiddie Kollege, W.R. Grace, etc. happen under this program and what will N.J. do in response?

Governor takes small steps for renewable energy, more needed.

Written by Mike Pisauro on April 4th, 2009 in Global Warming, land use, legislation, Renewable Energy, Solar, Wind | No Comments »

Late last year the State finalized its Energy Master Plan. That plan was several years in the making and was over a decade overdue. The EMP called for increasing NJ’s energy efficiency and the generation of electricity from renewable energy. The State also tied its Global Warming Response plan very tightly with the Energy Master Plan. The sooner NJ puts in place the policies necessary to achieve the twin goals of reducing our generation of energy from dirty power and reducing our global greenhouse gas emissions the better of we will be economically and environmentally. In baby steps towards these goals, the Governor recently signed into three law three bills that will reduce our use of fossil fuels and encourage the development of electricity form renewable energy.

P.L. 2009 c. 33 (A1558/S2265) will help encourage solar energy by making solar photovoltaic panels an option you can choose as when you buy new construction. This new laws requires developer of 25 homes or more to explain to new home buyers the benefits of solar energy, the financial incentives available and to install the panels on the new home if chosen by the buyer. By making solar energy systems just another option a home buyer can choose from as their new home is built, hopefully we will continue to grow NJ’s place as a leader in renewable energy.

P.L. 2009 c. 35 (A2550/S1299) defines solar and wind facilities as a permitted use in industrial zones with 20 or more acres. This bill would help prevent municipalities from excluding solar and wind facilities from industrial zones. In essence towns cannot prohibit renewable energy in these zones by defining them as not a permitted use. They will still be able to discourage these systems by setting up prohibitive setback requirements or height limitations.

P.L. 2009 c. 34 (A2507/S1932) gives BPU the authority/requirement to grant money to companies that was to install cogen facilities. Cogen facilities are systems that use oil/gas/etc. to generate not only electricity but heat as well. Normally, fossil fuels are used to generate heat for a building or electricity but not both. By encouraging the use of cogen the overall use of fossil fuels will decrease.

There is one bill that was considered by both houses of the legislature on March 16th – A3062/S1303. These bills would define wind and solar systems as inherently beneficial. This definition is necessary because many towns require a person who wishes to install a renewable energy system (in particular wind) to apply for a variance. With certain variance applications a person will have to prove that the renewable energy system is “inherently beneficial.” This term has never been defined by the legislature up to now, but we have had to rely on each individual town and the courts to provide the definition on a case by case basis. While this bill is not best solution it is a step in the right direction.

The run of the mill variance application is time consuming, money consuming process without any guarantee that the end result will be favorable. When the variance application is for renewable energy the process because more expensive and more time consuming. Also, it will drive everybody who opposes change to the hearings. These “nimby” people will spout “facts” to oppose the project which have very little relationship to reality. Declaring renewable energy as inherently beneficial, one hurdle is removed from the process.

All of these bills are good first steps to reaching the goals of the energy master plan and the global warming response act. There are several other bills, that will further these goals even more, that have been introduced and are awaiting consideration. I will discuss these bills in a future post.

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.

NJ has new environmental legislation- Part I

Written by Mike Pisauro on January 16th, 2008 in Clean Up, Global Warming, Ocean, Recycling, Renewable Energy | No Comments »

The Governor has recently signed new legislation dealing with the environment. Some of it is good and some of it is not so good. The following are the bills he has signed over the last couple of days:

Electronic Waste Recycling Act. Generally this law requires that computers, tv, monitors and some other electronic devices are recycled and not thrown away.

Certification program for renewable energy. P.L. 2007 c. 264. The law requires BPU to set up a certification program for installers of renewable energy systems.

State Green Buildings. P.L. 2007, c.269. The law requires all new governmental building of at least 15,000 square feet to meet either the silver rating from the Leadership in Energy and Environmental Design Green Building Rating System or two globes from th Green Globes Program.

Site remediation notice. P.L. 2007, c.276. The bill requires those performing site remediation to provide written notice to the county health department and local health agency. Also these agencies and municipality to request a copy of the remediation action work plan.

Public notice for shore protection projects. P.L. 2007, c.278. Requires DEP to hold a public meeting for comments on shore protection programs once the feasibility study is complete.

NJ Coastal and Ocean Protection Council. P.L. 2007, c.288. For more info see link.

Net Metering. P.L. 2007, c.300. Provides net metering to not only residential but industrial and large commercial customers. Also increases that amount of energy produced from renewable energy from 0.1% to 2.5% of the State’s peak energy level before a utility may cease providing for net metering.

Recycling Enhancement Act. P.L. 2007, c.311. The law reasserts the State’s commitment to recycling and funds municipal and county recycling programs through a $3.00 per ton charge on solid waste facilities.

There are several more bills which I will write about shortly.