Wildlines Archives
Volume II, Number 13
March 31, 2003
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:
 
 
 
 
 
 
 
 
 
 
State Energy Efficiency Standards
ALEC Trip Funding May Conflict with Law
Communications and Outreach Director
 
Energy Market Manipulated, Regulators Say
Vermont Legislature Considers Green Power Bills
New Bid for Water Metering in California
New Hampshire House OK's Subsidy for Wood-Fired Plants
STPP Releases State Transportation Program Report
New York Guidelines Strive For 'Environmental Justice'
Runoff from Mega-Farms Raises Environmental Concerns
States Tighten Nitrogen Limits
New Mexico Governor Plans to Sign Major Water Bills
Oregon Governor Says Economy, Environment Are Entwined
State Energy Efficiency Standards
America's energy demand is growing steadily. Energy prices are fluctuating unpredictably. And we are learning more and more each day about the dangerous environmental and health impacts of an energy supply derived almost entirely from the combustion of dirty fossil fuels. In times like these, it is imperative to place an emphasis on minimizing energy waste. Many household and commercial appliances are not subject to even the most simple energy efficiency standards. As a result, products such as torch lamps and refrigerated vending machines continue to rely on outdated technology to govern their use of energy. While energy efficient versions of these and other products exist, their use is not mandated or even encouraged by many states. Traditionally, states have played a crucial role in shaping energy efficiency standards for consumer products, and the time has come for states to take the lead again on this important issue. By implementing simple, already established efficiency standards for a mere ten household and commercial products, states can reduce their energy demand by up to five percent – saving consumers money on their electricity bills, reducing the need for new and dirty power plants, and encouraging investment in energy efficiency technologies. To learn how to implement energy efficiency standards in your state, visit http://www.serconline.org/efficiencystandards/index.html.
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ALEC Trip Funding May Conflict with Law (Omaha World-Herald 3/30/3)
Did corporate interests in your state fund ALEC scholarships to send some 500 state legislators to enjoy a free stay at a major resort? Businesses that routinely lobby the Nebraska Legislature bankrolled a weekend trip for 13 lawmakers to attend an ALEC conference in Las Vegas. The funding method might conflict with a state law that bars gifts of more than $50 per month from lobbyists, although the trip's organizer says nothing improper has occurred. Nebraska State Sen. Pat Engel organized the trip in his role as state chairman of the American Legislative Exchange Council, or ALEC, a private group in which lawmakers and conservative business interests draft model legislation on a variety of issues. ALEC is paying for lawmakers' lodging and airfare, expected to total $12,000 or more, with "scholarship" money raised from businesses that lobby in Nebraska. Engel said that the practice complies with the law because the donations from lobbyists are funneled through ALEC and not earmarked for individual lawmakers. He said the payment method has been used for such ALEC meetings for a number of years. A 1995 advisory opinion issued by the Nebraska Accountability and Disclosure Commission questioned the ALEC fund-raising practice, saying the "scholarship" money cannot exceed $50. Engel said all 13 lawmakers had their travel expenses – $209 per night lodging and up to $500 for transportation – covered by the ALEC scholarships. The cost of the trip would be $918 if the lawmaker stayed two nights and $1,127 for a three night stay. Engel said lawmakers paid no registration fee for the meeting. While the scholarships come from an ALEC account held on Nebraska's behalf, Engel acknowledged that the money is provided by NE lobby groups. Jack Gould, spokesman for Common Cause Nebraska, questioned Friday whether the fund-raising method complied with state law governing gifts to lawmakers. Many lawmakers waited to leave Lincoln until after the Legislature adjourned Friday. In Colorado, the Legislature there reportedly had to shut down early because so many lawmakers had left for the ALEC conference. ALEC has drawn some criticism for its close relationship to corporate America. The group puts state legislators at the same table with business interests to vote on model legislation on a variety of topics, from privatizing Medicaid to private school vouchers. Where were your state legislators over the weekend? If they were in Las Vegas, how much "scholarship" money did ALEC funnel to them from corporate lobbyists in your state? For more information on how ALEC works to conceal and advance the legislative agenda of hundreds of big corporations and trade associations in state capitals from coast to coast, visit http://www.alecwatch.org.
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Communications and Outreach Director
The communications/outreach director has responsibility for maintaining and developing contacts with environmental groups, media, policy-makers, and concerned citizens, as well as tracking and distributing environmental policy news from the states. Applicants should have at least two years of state legislative experience, and a thorough knowledge of state legislative policy procedures and environmental priorities. For a complete job description and application instructions, go to http://www.serconline.org/jobs.html.
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Energy Market Manipulated, Regulators Say (LA Times 3/27/3)
Taking a tough new stance, federal energy regulators said last week that more than 30 private firms manipulated natural gas and electricity prices during the California energy crisis, and moved to increase the state's refund to about $3.3 billion. In addition, the Federal Energy Regulatory Commission threatened to revoke the trading authority of eight subsidiaries of troubled Enron Corp. for allegedly gaming the natural gas market. The commission also said it's prepared to strip the trading authority of Reliant Energy Services Inc., now known as Reliant Resources Inc., and BP Energy Co. for allegedly engaging in "coordinated efforts" to manipulate electricity prices at Palo Verde, a key Arizona trading hub. Both companies denied the charges. California officials expressed some satisfaction with the FERC decision, but emphasized that the remedy fell far short of the $8.9 billion in refunds sought by a coalition of state agencies and its major utilities, including Pacific Gas & Electric and Southern California Edison. The commission also stopped short of approving the state's request to renegotiate $20 billion in long-term energy contracts that were signed during the period of feverish prices in 2001. Gov. Gray Davis said the state is prepared to keep pressing its case in court if California's refund isn't boosted when the matter goes back to a federal administrative law judge, the next step in the process.
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Vermont Legislature Considers Green Power Bills (Rutland Herald 3/26/3)
The Vermont House and Senate are working on competing versions of a bill designed to increase Vermont's energy independence by promoting use of environmentally friendly power. The two bodies are split over whether to require Vermont utilities to purchase some of their electricity from renewable energy generators or purchase renewable energy "credits" from green energy producers, a move opposed by some Vermont businesses. The Senate version of the bill would require the "renewable portfolio standard," while the House plan calls for delaying implementation and conducting a study of the costs. The portfolio standards being considered in the Senate would require utilities to purchase 1 percent of their power from green sources in 2004, 2 percent in 2005, 3 percent in 2006, and then at a percentage set by the Public Service Board. The other provisions of the bill, which the House and Senate agree on, include provisions to promote "green pricing," which would enable customers to ask to buy electricity that comes from renewable or clean sources; give the PSB the authority to try alternative regulation schemes that would let utilities make greater profits if they meet standards in encouraging efficiency and using renewable energy, and reduce their profits if they don't meet the targets; spend $750,000 from penalties collected from oil companies to support local projects that use alternative energy systems.
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New Bid for Water Metering in California (Sacramento Bee 3/27/3)
Assemblywoman Christine Kehoe, D-San Diego, has introduced legislation that would require metering of water usage at all residences and most commercial buildings statewide by 2008. If passed, the bill would supersede city ordinances and charters that so far have blocked water meters in Sacramento, Fresno, Modesto, Folsom and other Central Valley towns. Supporters say that, given California's tight water supplies, the state's capital should set an example and start charging residents for the water they consume, as do nearly all communities along the coast and Southern California. The meter mandate wouldn't come cheap, however, and probably won't pass without a battle. In Sacramento alone, more than 100,000 homes would have to be retrofitted with meters, at a cost of $1,000 per home, according to city engineers. In addition, the city's total costs could be far more than $100 million, they say, because many water mains go through people's back yards and would have to be dug up. Lined up behind the bill are the powerful Metropolitan Water District of Southern California, the San Diego County Water Authority, the Natural Resources Defense Council and other environmental groups. Studies in various cities have shown that metering reduces water consumption by 10 percent to 50 percent, with 20 percent as an average, according to a recent state survey by M.Cubed, an Oakland consulting firm. For more on how states can conserve water, see http://www.serconline.org/waterconservation/pkg_frameset.html.
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New Hampshire House OK's Subsidy for Wood-Fired Plants (Union Leader 3/27/3)
The New Hampshire House voted 270-73 last week to establish a fund to subsidize the operations of wood-burning power plants when their rate agreements expire in the next few years. Under HB 787, money for the fund would come from the efficiency section of the systems-benefit charges on electric bills. Opponents said the proposal is nothing but a bailout of an industry that made more than $1 billion in profits over the years when the rate agreements were in effect. Rep. Michael Harrington, R-Strafford, said "This bill should be called the wood-burning plant welfare act because that is what it is." But supporters said the proposal would be a temporary measure to preserve the low-grade wood products industry, which has been hard hit by the closing of the paper mills in the North Country.
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STPP Releases State Transportation Program Report (STPP)
The Surface Transportation Policy Project has released state by state summaries of the benefits of the 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) and the 1998 Transportation Equity Act for the 21st Century (TEA-21). The reports specifically highlight those programs that most benefit communities and the environment and that should be protected during transportation funding debates. The fact sheets list projects by name, location, and funding amount. To find out how your state benefited from these important programs, check out the fact sheets at http://www.transact.org/report.asp?id=204.
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New York Guidelines Strive For 'Environmental Justice' (Albany Times Union 3/26/3)
For the first time, New York state has clear guidelines designed to bring what advocates call "environmental justice" to low-income and minority neighborhoods that have historically seen a disproportionate amount of development-related pollution and health risks. Rodney Davis, executive director of the Arbor Hill Environmental Justice Corporation, said the new Dept. of Environmental Conservation guidelines will help curb the tendency of developers to put unpopular projects in areas that are least financially able to oppose them. The new policy requires a project planned for an area with potential environmental justice issues – low-income and minority neighborhoods – to get an extra review to determine how the project will affect the community. Part of the review includes additional efforts to obtain public comment, including using different ways of getting information to residents, said DEC Commissioner Erin Crotty.
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Runoff from Mega-Farms Raises Environmental Concerns (Ann Arbor News 3/24/03)
State regulators and environmentalists are growing increasingly more worried that the surface waters of Michigan are becoming more contaminated due to unregulated waste from concentrated animal feeding operations (CAFOs). Although the farms are able to produce up to 50 lbs. of milk per cow per day, the waste from those farms is often times comparable to a large city that does not treat its municipal waste. Volunteer manure watchers and small farm owners are pressuring the MI Dept. of Environmental Quality to step up its testing and enforcement of the megafarms. Dan Wyant of the Dept. of Agriculture contends that big farms do not mean big pollution as long as they are properly placed and utilize the proper technology, while farmers contend that megasizing is the only way to survive. In recent weeks water samples from megafarms in two counties revealed levels of bacteria and dissolved oxygen far above government regulations. For more information on how states are dealing with CAFOs, see http://www.serconline.org/cafos.html.
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States Tighten Nitrogen Limits (Richmond Times-Dispatch 3/24/3)
Chesapeake Bay states, including Virginia, have set tougher limits to reduce nitrogen pollution by nearly 40 percent. Excess nitrogen spurs algae growth which reduces oxygen for fish and clouds the water, killing underwater grasses that provide shelter for baby fish and crabs and help to clean the water. When cleanup of the bay started in 1983, it was receiving an estimated 338 million pounds of nitrogen annually. The new goal cuts tolerable limits of nitrogen to no more than 175 million pounds per year, down from the current 285 million pounds poured into the bay each year from farms, livestock manure, sewage-treatment plants and other sources. But environmentalists say the goals do not go far enough to remove the bay from the EPA's dirty-waters list. Far enough or not, West Virginia, New York and Delaware, states that occupy some of the bay's watershed, have agreed to shoulder some of the $19 billion expected costs over the next eight years.
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New Mexico Governor Plans to Sign Major Water Bills (Santa Fe New Mexican 3/23/3)
Two water bills have passed the New Mexican legislature, and Gov. Bill Richardson plans to sign both. The first bill enables the transfer of water rights in dry times. This will allow municipalities to lease water rights from agriculture during times of water scarcity without having to permanently transfer the rights to the water. The second bill earmarks 10 percent of the state's severance-tax bonding capacity for water projects. The total bonding capacity was more than $90 million this year. This will give the state a continuous source of funding for water projects. In addition, Gov. Richardson recently signed a bill that allows citizens to recycle grey water for use on landscaping and gardens.
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Oregon Governor Says Economy, Environment Are Entwined (The Oregonian 3/25/3)
In his first major speech on the environment, Gov. Kulongoski said the recession should not be used as an excuse to weaken protections for wildlife or natural resources. He promised to veto legislation attacking Oregon's endangered species act, particularly those seeking to remove protection for wolves. The Governor also said that while natural resources departments would have to share the burden of funding cuts with other state agencies, he would oppose any moves to gut their budgets. He specifically expressed support for the Oregon pesticide reporting system, salmon habitat restoration, energy conservation and development of renewable energy systems, which he said will create jobs. "It's important that we keep Oregon's existing environmental standards in place. I will oppose any legislation that attempts to roll them back," the Governor said.
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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]