Home > Wildlines Archives > Volume I, Number 8
Volume I, Number 8
February 25, 2002
A publication of the State Environmental Resource Center (SERC) bringing you the most important news on state environmental issues from across the country.
 
NEWS FROM THE STATES:
Saving Wildlands:
 
Children's Health:
Land and Water Use:
 
 
Clean Energy:
 
Saving Wildlife:
Safe Air & Water:
 
Natural Resources:
 
Conferences/Seminars:
 
Anti-Terrorism Dangerous Chemicals Regulation
Loser-Pays Lawsuit Protection Bills
Farm Bureau Bill Seeks Local Control of Ditches
New State Info Section on Web Site
 
 
ME: Bill Protects Streams By Tracking Large Water Users
GA: Bill Takes New Approach to Punishing Litterbugs
KY: Bill Keeps Power Plants Away From Schools
IA: Comprehensive CAFO Bill Gets Out of Committee
SD: Gov Says Packers Shouldn't Own Livestock
ID: "Takings" Will Cause Cuts in Fire & Police Protection
CA: "Largest Clean Energy Investment in History" Proposed
NH: Gov Makes State First to Allow "Segways"
SD: Timberland First Corporation to "Trade" CO2
FL: Committee Vote Expected on Manatee Protection Bill
VA: Pentagon Being Rebuilt with New IAQ Safe Paint
MD: Bill Establishes Greenhouse Gas Registry
NE: Electronic Recycling Bill
AK: Program Keeps Business Equipment Out of Landfills
Environmental Justice at the Crossroads
Anti-Terrorism Dangerous Chemicals Regulation
Since the reconvening of state legislative sessions across the country, there have been a number of new anti-terrorism legislative proposals useful in preventing or responding to future terrorist attacks on companies that produce or store dangerous chemicals. One good example is the Chemical Terrorism Protection Act of 2002 recently introduced into the Maryland Senate by Senator Brian E. Frosh. This bill will require owners and operators of chemical sources to use safer technology or certify that they cannot, while also establishing certain requirements for certification and enforcement provisions, including specific civil and criminal penalties.  For more information about this bill and others, go to: http://www.serconline.org/antiterrorism.html.
back to top
 
Most States Doing Poor Job Tracking Birth Defects
Last week, the group, the Trust for America's Health, released a report called "Birth Defects Tracking and Prevention: Too Many States are not Making the Grade." The report gives each of the 50 states a letter grade based on their efforts to monitor and research birth defects. More than half the states received a C, D, or F. According to the report, state monitoring programs can play a crucial role in birth defects prevention by collecting information about which birth defects are occurring and where. Exposure to environmental hazards often play a role in many birth defects. Some states received an A for tracking birth defects -- to see the legislation that enacted these programs, go to: http://www.serconline.org/trackingbirthdefects.html.
back to top
 
Loser-Pays Corporate Lawsuit Protection Bills
In Alabama and Florida, two similar bills aimed at discouraging environmental lawsuits against corporations are making their way through the Legislatures. In Florida, under HB 819, citizens could not appeal under the state Environmental Protection Act unless they prove they are "substantially affected" -- and, if they lose, they would be forced to pay attorneys' fees for the other side. In Alabama, the deceptively named "Family Farm Preservation Act" would require plaintiffs to pay factory farmers' legal fees if they lose lawsuits over noise, odor, or other nuisances.
back to top
 
SERC Update: New State Info Section on Web Site
SERC's web site, www.serconline.org, has added an extensive new section to its web site called "State Info." This section allows policymakers to browse for innovative environmental legislation by either issue or state. To view this section, go to: http://www.serconline.org/stateinfo.html.
back to top
 
Saving Wildlands:
Maine: Bill Protects Streams by Tracking Large Water Users
Last week the House Natural Resource Committee considered LD 1488, a bill that would require farmers, golf courses, saw mills, resorts, and other large water users to report exactly how much water they are taking from the state's rivers, lakes, and streams. Environmental groups say mandatory reporting of water withdrawals would protect spawning fish and other aquatic life, and set the stage for the development of a comprehensive water-use policy for the state.
back to top
 
Georgia: Bill Takes New Approach to Punishing Litterbugs
Last week, Rep. Mark Burkhalter introduced HB 1343, "the Georgia Clean Communities Act of  2002." Burkhalter believes the bill will decrease littering by decriminalizing the first offense and, instead, making it a $200 civil penalty, which he says will increase the likelihood authorities will cite litterbugs. "The reality is that nobody gets prosecuted for littering," he said. "The reason is that it's not a very attractive thing for law enforcement to deal with. The hope is that if we decriminalize the first offense and make it like a speeding ticket, law enforcement will no longer have to go to court and tie up their time testifying."
back to top
 
Children's Health:
Kentucky: Bill Keeps Power Plants Away From Schools
Because power plants typically produce emissions that put the health of children and the elderly at a higher risk, HB 540 establishes a new state board to determine statewide setback standards for power plants from schools, neighborhoods, hospitals, and nursing homes.
back to top
 
Land and Water Use:
Iowa: Comprehensive CAFO Bill Gets Out of Committee
HF 2473, a comprehensive plan aimed at reining in CAFOs, passed an important early test by clearing the House agriculture committee. The bill has four important aspects: local control, ammonia and hydrogen sulfide clean air standards, proper management of phosphorous and nitrogen when spreading manure, and an implementation of an Animal Agriculture Compliance Fee to help defray DNR compliance costs.
back to top
 
South Dakota: Gov Says Packers Shouldn't Own Livestock (New York Times 2/10)
The Associated Press reported today that Gov. Bill Janklow said he has long believed that packers should not be allowed to raise livestock. This year, several states are debating banning packer ownership and the factory farms it spawns. Unfortunately, most are leaning against banning packer ownership because of fears that they won't be able to compete with other states that allow packer ownership.
back to top
 
Idaho: "Takings" Will Cause Cuts in Fire & Police Protection
Last week, the Idaho Statesmen reported that "takings" legislation, HJ 3, was approved 16-3 by the House State Affairs Committee last week. Before the committee approved the bill, Meridian City Attorney told the committee that "takings" is a bad idea because lawyers would replace planners in reviewing new development proposals and the "takings" costs of attorneys to review decisions and the costs of paying landowners would force cuts in police and fire fighting.
back to top
 
Clean Energy:
California: "Largest Clean Energy Investment in History" Proposed
Last week, the California Power Authority (CPA) submitted its Energy Resource Investment Plan, "Clean Growth: Clean Energy for California's Economic Future," to the state legislature. The plan details a strategy to prevent future energy crises by meeting California's energy supply shortfalls with clean power sources. In total, the CPA plans to generate $5 billion in revenue bond financing that will leverage over $12 billion in clean energy investment by 2007. "This is the largest clean energy investment plan in history," said Danny Kennedy, coordinator for Greenpeace's Clean Energy Now Campaign. The plan acknowledges two major strengths that the support of a government agency can provide: the agency can act as a public broker and lead the path for other institutions to go solar, and it can provide bulk procurement when buying for schools, prisons, and other public buildings. The plan also projects that by installing photovoltaic cells on buildings all over California, the state can tap up to 2,400 megawatts of solar power on state facilities. To view the plan, go to: http://www.documents.dgs.ca.gov/CPA/ERIP/ERIP.pdf.
back to top
 
New Hampshire: Gov Makes State First to Allow "Segways" (Fosters Daily News 2/20)
Gov. Jeanne Shaheen signed HB 681 into law last week to make New Hampshire the first state to legalize Segway use on sidewalks and streets. A Segway is a self-balancing, two non-tandem wheeled device that transports a person with an electric propulsion system of less than 750 watts. Because it can travel up to 20 miles on a single electric charge, it is expected to replace a great deal of short-trip automobile use. State Senate President Arthur Klemm, who co-sponsored the Segway law with House Speaker Gene Chandler, said, "It's going to change the way that we go into the future with our cities in how they are planned and how they are built."
back to top
 
South Dakota: Timberland First Corporation to "Trade" CO2
Timberland is the first corporation in the nation to make a donation that will allow Clean Air-Cool Planet to purchase renewable energy credits, also known as Green Tags, from a family-owned wind farm in South Dakota. The Green Tags purchased by Clean Air-Cool Planet will "retire" more than 2,400 tons of carbon dioxide, enough to offset the carbon pollution produced over two years of normal electricity use by Timberland's 28 U.S. retail stores.
back to top
 
Saving Wildlife:
Florida: Committee Vote Expected on Manatee Protection Bill
SB 1614, by Senator Bill Posey, will be up for vote in the Senate Natural Resources Committee on Tuesday, February 25th. A statewide coalition of boating and fishing interests, including CCA Florida, support this bill. SB 1614 requires that the Fish and Wildlife Conservation Commission develop a measurable biological goal and that manatee speed zone and manatee protection zone rules be established.
back to top
 
Safe Air and Water:
Virginia: Pentagon Being Rebuilt with New IAQ Safe Paint
In an effort to avoid indoor air quality problems often associated with conventional paint, an environmentally safe paint will be used in the massive repairs of the Pentagon. The "American Pride" paint includes a newly developed chemical building block derived from castor oil. The component reduces the amount of toxic volatile organic compounds (VOCs), which pollute the air and give fresh paint its unpleasant odor. The new castor oil paint lasts longer than traditional paint and cuts the level of pollutants from about 200-400 grams per liter of paint to as low as three grams.
back to top
 
Maryland: Bill Establishes Greenhouse Gas Registry
The National Caucus of Environmental Legislators (NCEL) last week that Maryland Delegate Leon G. Billings has introduced HB 334, which requires the state to study issues related to the reduction of greenhouse gasses, particularly carbon dioxide. The study would give recommendations for the formation of a state registry that would track and report current sources and amounts of greenhouse gas emissions, track and document reductions, and look at strategies to increase and reward voluntary reductions.
back to top
 
Natural Resources:
Nebraska: Bill Aims to Improve Electronics Recycling
The Nebraska Sierra Club is fighting for LB 644, the Electronic Equipment Recycling Act. Given that there are no programs for recycling broken or obsolete electronic equipment in Nebraska, most of this equipment winds up in our sanitary landfills. Since cathode ray tubes (CRTs) are one of the biggest sources of hazardous materials in electronic equipment, this legislation establishes a $5 fee on the sale of each new item containing a CRT which would provide: 1) seed money to get electronic equipment recycling businesses started in Nebraska, 2) financial assistance to local governments and waste facility operators to help pay for processing and recycling costs, and 3) grants for public education programs to encourage recycling electronic equipment.
back to top
 
Alaska: Program Keeps Business Equipment Out of Landfills
The Fairbanks Daily News reported last week that Alaska businesses have saved more than $2 million by swapping goods from photocopiers to pallets to heavy equipment on the Alaska Materials Exchange since it began in 1994. Businesses statewide post materials they'd like to jettison in the AME, a catalog put together by the state Department of Environmental Conservation. Last year alone AME kept an estimated 101 tons of material out of landfills.
back to top
 
Conferences/Seminars:
Environmental Law Institute Seminar: Environmental Justice at the Crossroads - March 14, 2002 - Washington, D.C.
Web Site: http://www.eli.org/seminars/020314dc.htm
back to top

For more information about SERC, or to use our services, contact our national headquarters at:
State Environmental Resource Center
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: [email protected]