Wildlines Archives
Volume II, Number 21
May 27, 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:
 
 
 
 
 
 
 
RPS Renewable Energy
Delaware's New State Program Targets Pollution
Regulatory Flexibility or Regulatory Loopholes?
 
Nevada Development Limit Law Signed
Wisconsin DNR, DOT Oppose Cuts in Funding to Buy Land
Louisiana Votes to Raise Wetlands Funding Cap
Iowa Officials to Keep Pushing for Air Quality
California Web Site Map's Resources, Trends
Maryland Governor Will Veto Energy Efficiency Bill
Vermont Lawmakers Reach Deal on Renewable Energy
RPS Renewable Energy
The 2003 state legislative session has witnessed several attempts by states to encourage renewable energy as a way to ensure protection for the environment and energy independence. But a report recently released by the Union of Concerned Scientists reveals that more than 50% of states have yet to begin to pursue renewables. Renewables, which tap into resources such as wind, solar, and geothermic heat, have great potential but are not being developed because of a mentality that maintains a dependence on nonrenewables. Renewable Portfolio Standards (RPS) ensure that a minimum amount of renewable energy is included in the portfolio of the electricity resources serving a state. By increasing the required amount of renewables over time, the RPS can put the power industry on a path toward increased sustainability. A handful of states have incorporated RPS, including Nevada, New Jersey and Texas. No one silver bullet solution can meet our society's energy needs, but the future depends on energy technologies that do not deplete our natural resources or destroy our environment. For more information on Renewable Portfolio Standards, visit: http://www.serconline.org/RPS/pkg_frameset.html.
back to top
 
Delaware's New State Program Targets Pollution (The News Journal 5/21)
Delaware Gov. Ruth Ann Minner announced a voluntary program that gives manufacturers incentives to go beyond environmental and conservation regulations. The voluntary program targets worker protection, pollution prevention and waste reduction as well as energy conservation and industry relations with surrounding communities. Rewards to participants may include accelerated permit reviews, reduced inspection schedules and community recognition awards. Earlier this month, a task force formed by Minner called for expanded use of formal "Environmental Management Systems" and pointed out that wider industry adoption of voluntary standards could help states focus limited resources on chronic environmental offenders or poorly managed businesses. Minner formed the task force after a badly contaminated chemical plant near Delaware City declared bankruptcy and abandoned its site, leaving taxpayers with a cleanup bill that could top $75 million.
back to top 
 
Regulatory Flexibility or Regulatory Loopholes?
Legislation passed in North Dakota and has been introduced in ten other states requiring that prior to adopting any proposed regulation or rule, each state agency must prepare a small business economic impact statement and a regulatory flexibility analysis of how the rule could be altered to benefit small business. First promoted by the Bush Administration's Office of Advocacy of the U.S. Small Business Administration (SBA) at the December 2002 American Legislative Exchange Council's (ALEC) meeting, the model bill also requires each agency to review all existing rules within four years to determine each rule's impact on small business. Requiring economic impact statements on each and every rule or regulation enacted would put up additional roadblocks to enacting strong policies to protect and preserve the environment. The legislation would have the effect of making agencies justify and defend every rule and regulation, causing delay and having a chilling effect on the rule making process. According to Leon G. Billings, former Maryland legislator and chair emeritus of The National Caucus of Environmental Legislators, "This is just another example of an indirect attack on environmental and health and safety regulations by creating yet another basis for litigation." Furthermore, the resulting massive increase in agency work would impose significant new costs on state budgets that are currently already in crisis. In some versions of the bill the definition of "small business" is not small at all – under the model bill, businesses having up to 500 employees or having gross annual sales of six million dollars would be considered "small." Rather than protect real small businesses, this is an effort to undermine the rules and regulations that protect the public and the environment. Other states considering some version of the bill are Georgia, Missouri, New Jersey, North Carolina, Oregon, Rhode Island, South Carolina, Texas, West Virginia and Wisconsin. For more information, please contact The National Caucus of Environmental Legislators at [email protected].
back to top 
 
Nevada Development Limit Law Signed (Las Vegas Review-Journal 5/20)
Nevada Gov. Kenny Guinn has signed into law a bill that upholds and reinforces the county level development restriction statutes that currently protect land surrounding the Red Rock Canyon National Conservation Area. Prior to landing on the desk of the Governor, SB 358 made its way through the Legislature unscathed, passing unanimously in both houses in spite of developer Jim Rhodes' best efforts to engender public disapproval of the measure. Rhodes, who originally purchased land adjacent to the Conservation Area in March, had hoped to build more house per acre than is currently allowed. For more information about how your state can prevent sprawl, visit: http://www.serconline.org/sprawl/pkg_frameset.html.
back to top
 
Wisconsin DNR, DOT Oppose Cuts in Funding to Buy Land (Green Bay Press-Gazette 5/20)
Wisconsin's Knowles-Nelson Stewardship Program, a land conservation effort that employs a long-term bonding system, faces a $245 million budget cut at the hands of the Legislature. The cuts would represent 43% of the funds meant to serve the program through the end of the decade, and could jeopardize the purchase of a 9,200 acre tract of land in Marinette County that will soon be up for sale and is needed to create the Peshtigo River State Forest. Environmentalists stress that the program's success depends on its ability to strike when the iron is hot. When pristine land goes on the market, the window of opportunity is as small as the number of eager developers is many. "You do something like that, you've lost it forever, no matter how much money you've got [later]," said Ron Vander Loop, chair of the Brown County delegation to the state's Conservation Congress. For more information on how your state can fund land conservation, visit: http://www.serconline.org/conservationfunding/index.html.
back to top
 
Louisiana Votes to Raise Wetlands Funding Cap (Capitol Bureau, 5/20)
Louisiana's coast is closer to restoration after a House committee voted to double the amount of money that can be placed in the wetlands protection fund and eliminated a provision to spend some of the money on highway construction. In addition, the House Appropriations Committee amended a package to channel a significant portion of the money the state gets from judgments against oil and gas companies into the Wetlands Conservation and Restoration Fund. Louisiana's administration stated that these measures are critical to giving the state leverage to seek $14 billion in federal dollars to pay for costal restoration.
back to top
 
Iowa Officials to Keep Pushing for Air Quality (Des Moines Register 5/19)
Recently Iowa Environmental Regulators watched as the state legislature nullified new rules regulating ammonia and hydrogen sulfide emissions. Ammonia and hydrogen sulfide are gases commonly emitted from Concentrated Animal Feeding Operations (CAFOs) and are linked to health ailments including respiratory problems and death. The rules were intended to put the lawmakers' year-old law restricting pollution from CAFOs into place along with the state's first limits on gases from livestock operations. However, the sewer and power plant industries complained when they realized the rules would affect them. They felt the current set-up, having negotiations rather than fines, is sufficient to deal with the pollution. The Iowa Environmental Protection Commission vows to have new regulations in place prior to the next legislature session that begins in January. Federal officials and activists were watching the Iowa rules closely after the recent announcement that the agriculture industry is in amnesty talks with the EPA regarding emissions. For more information on how your state can deal with CAFOs, visit: http://www.serconline.org/cafos.html.
back to top
 
California Web Site Map's Resources, Trends (The Sacramento Bee 5/19)
California has established a new web site that maps the state's natural resources, allowing citizens free access to the data. The California Digital Conservation Atlas combines maps of urban growth projections, polluted rivers, toxic sites, floodplains, land trusts, fish consumption warnings and conservation plans; enabling the laying of maps to view different data sets in a corresponding manner. The California Resources Agency hopes to use the atlas to get the most out of the $6 billion it will spend on natural resources over the next four years and to attract federal conservation dollars.
back to top
 
Maryland Governor Will Veto Energy Efficiency Bill (Baltimore Sun 5/22, ENS 5/23)
Governor Erlich announced that he intends to veto a bill that would have saved Maryland consumers an estimated $600 million over the next twenty years and helped reduce air and water pollution. The legislation would have established energy efficiency standards for nine types of appliances, targeting mostly commercial products and therefore saving businesses money. Environmental groups worked hard in the last few weeks trying to convince Gov. Erlich to sign the measure, which passed both houses with a large margin, and was the result of extended negotiations between environmentalists and the business community. "Governor Ehrlich missed an opportunity to support both the environment and the business community," said Gigi Kellett of the Maryland Public Interest Research Group (MaryPIRG). "Energy efficiency is the cleanest, fastest, and cheapest way to address Maryland's clean air problems while saving Maryland consumers and businesses on electric bills." Home Depot, which did not take part in the negotiations, urged the Governor to veto the bill because ceiling fans were one of the appliances covered. It remains to be seen if the Legislature will try and override the Governor's veto next January. For more information on how your state can promote energy efficiency, visit: http://www.serconline.org/efficiencystandards/index.html.
back to top
 
Vermont Lawmakers Reach Deal on Renewable Energy (Rutland Herald 5/22)
Vermont House and Senate leaders reached a compromise on a bill designed to increase the state's energy independence by promoting the use of environmentally friendly power. The two chambers were at an impasse over a controversial provision in the Senate-backed bill. The Senate's bill would have required utilities to buy 1 percent of their power from renewable energy sources such as wind and solar in 2004, 2 percent in 2005, 3 percent in 2006 and then at a percentage set by the Public Service Board. The House opposed this renewable portfolio standard provision, arguing that the mandate on utilities would increase costs for all ratepayers. After Senate President agreed to take that provision out, the bill calls for a study of the costs of such power and promotes a "green pricing" program where customers could ask to buy electricity that comes from renewable or clean sources. If that power costs more than regular electricity, those customers alone would bear the added expense. The program is contingent upon approval from the Public Service Board. For more information on the Renewable Portfolio Standards please read this week's "Issue Spotlight."
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]