Wildlines Archives
Volume II, Number 29
July 21, 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:
 
 
 
 
 
 
 
 
 
Net Metering
Delaware Law Cracks Down on Polluters
Oregon Cries Wolf
 
Maine Mercury Law Holds Up Against Automaker Challenge
California Senate OKs Bill to Ban Retardant
New York Clean Car Bill
Pennsylvania House Sends Blighted-Site Bill to Senate
New Jersey Tightens Rules Protecting Wildlife
New York School Bus Changes in Pipeline
Wisconsin's Governor Doyle to Reject Stewardship Cuts
Minnesota Companies Try to be Greener, Cleaner
Massachusetts Bill Promotes Use of Safer Chemicals
Net Metering
"Net Metering" is a special metering and billing agreement between utilities and their customers that facilitates the connection of small renewable energy generating systems to the power grid. These programs encourage small-scale renewable energy systems, ensure that customers always have a reliable source of energy from the grid during times when their renewable generators are not producing energy, and provide substantial benefits to the electric system, the economy, and the environment. When a customer's renewable generator is producing more power than is being consumed, the customer's meter runs backward generating credits. When a customer uses more power than is being produced, the meter runs forward normally. The customer is only charged for the "net" power they buy from the electricity service provider that has accumulated over a designated period or may, in fact, be credited or paid for the excess electricity contributed to the grid over that same period. By adopting net metering laws, states can encourage the installation and use of renewable energy generators. These systems help break our dependence on dirty fossil fuels, add to the diversification of our current energy portfolio, and help lessen the environmental footprint associated with electricity generation and consumption. For more information on net metering, visit: http://www.serconline.org/netmetering/index.html.
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Delaware Law Cracks Down on Polluters (The News Journal 7/17)
Gov. Ruth Ann Minner signed SB 60 imposing criminal penalties for corporate officials who recklessly endanger people with toxic chemicals. The new law allows for prison terms of up to eight years and also allows for prison time for corporate officials and employees who falsify data in reports to environmental regulators. The new law will make public nonconfidential information about firms branded "chronic violators" of state environmental law. Minner signed the bill in Delaware City one day ahead of the two-year anniversary of the collapse of a sulfuric acid storage tank at the Motiva Enterprises refinery. Jeffrey Davis, a boilermaker and part of a crew doing maintenance work on the tank, was killed. Eight others were hurt in the tank collapse and explosion. Motiva was fined $296,000 last week after pleading no contest in state court to seven charges stemming from the event. Environmentalists have criticized the law because to trigger its penalties, environmental damage must pose a threat to people. Sen. David McBride who has pushed for an environmental felony statue for 10 years, said the bill is a first step and called on environmental groups to work with him to expand the law in the future. For more information on how your state can improve environmental enforcement and monitoring, visit: http://www.serconline.org/enforce/pkg_frameset.html.
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Oregon Cries Wolf
The Oregon house recently voted to pass HB 2458, which revises the state's endangered species act. The proposed changes would make it easier to remove species from the endangered or threatened status, and easier to "take" (i.e., kill) endangered species. The bill would allow species to be delisted if they are "not of cultural, scientific, or commercial significance" to the state, or if the species is "secure" outside the state. These criteria sidestep the existing scientific process for listing and delisting species. How do you determine if a species is of cultural, scientific, or commercial significance? And, who gets to make that decision? Under this language, politically unpopular species could be left unprotected, regardless of what the science says. While proponents claim this is just a "streamlining" of the act, environmentalists say it is directly targeted at the Grey wolf. Oregon does not currently have a wolf population, but several have crossed over from Idaho, and more could come at any time. Another clause in the bill that seems targeted at wolves allows the "taking" of an endangered species without a permit if that species causes agricultural damage. While wolves that attack livestock need to be dealt with, there are multiple ways to do this without killing them. The listing and delisting of species under state endangered species acts should not be a political popularity conference; it should be based on science. HB 2458 weakens Oregon's endangered species act and should be opposed. For more information about state endangered species acts, visit: http://www.serconline.org/esa/index.html. For more information about how states are dealing with wolf populations, visit: http://www.serconline.org/wolfpreservation/index.html.
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Maine Mercury Law Holds Up Against Automaker Challenge (Press Herald 7/18)
A federal magistrate sided with the state Thursday in a challenge by automakers to a recently enacted Maine law intended to promote the recycling of mercury switches from junked automobiles. The law, which was a priority for the Natural Resources Council of Maine in last year's legislative session, requires automakers to pay a $1 bounty to junkyards and scrap dealers. Automakers are also required to set up consolidation centers to collect, package, and ship the mercury switches to recycling centers. The Natural Resources Council of Maine estimates that 1,500 pounds of mercury remains in registered cars in Maine. Mercury switches were gradually phased out between 1993 and 2002. Mercury is a toxic metal that is associated with a variety of health problems including kidney and nerve damage. For more information on how your state can reduce mercury pollution, visit: http://www.serconline.org/mercury/pkg_frameset.html.
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California Senate OKs Bill to Ban Retardant (Los Angeles Times 7/18)
The California Senate approved AB 302 that would make California the only state in the nation to ban toxic chemicals widely used as flame retardants that are rapidly building up in the bodies of people and wildlife around the world. The bill, already approved by the state Assembly in May, will be sent to Gov. Gray Davis for his signature after the Assembly acts on some minor technical amendments next week. Beginning in 2008, the legislation would prohibit all products containing penta and octa PBDEs, which are applied mostly to upholstered furniture and building materials but are also used on plastic housings of computers and other electronic equipment. California is a leader in use of the chemicals because it has the world's most stringent flammability requirements for furniture. Industry representatives say that once the state bans them, they are likely to be phased out elsewhere. The compounds have been banned by the European Union, where industries began voluntarily phasing them out in the late 1990s.
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New York Clean Car Bill (www.EANY.org)
A4082 and S4044 direct the Department of Environmental Conservation to develop cost-effective standards for the emission of greenhouse gases from motor vehicles. The standards are identical to the California vehicle standards for greenhouse gases and are slated to be in effect as of the 2009 model year for vehicles. The legislation is based on AB 1058 that passed the California legislature in 2002. Regulating greenhouse gas emissions will significantly reduce the total amount emitted in New York each year and will help toward stemming the effects of global warming.
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Pennsylvania House Sends Blighted-Site Bill to Senate (Pittsburgh Post-Gazette 7/17)
HB 300 which is aimed at clearing blighted properties across the state, including 15,000 in Pittsburgh, passed the state House by a 136-64 vote and is headed to the Senate. The legislation, two years in the making, was authored by Rep. Michael Diven. Under Diven's plan, the state would create three blight remediation boards - one for Pittsburgh, one for Philadelphia, and one for the remainder of the state. The state would allocate $200 million from the capital budget for the boards to use to buy and remediate blighted properties. Of that amount, $50 million would be dedicated to blight remediation in Pittsburgh, Diven said, with $35 million used for purchasing property and the remaining $15 million for rehabilitation. The blight remediation board would use the money to clear up tax liens, buy the properties and ready them for sale by tearing down structures, and installing infrastructure like water and sewer lines. The city would hold the titles to the properties. Funds used for the program would be paid back to the state over 20 years. The money would come from property taxes generated by the rehabilitated properties. For more information on how your state can revitalize blighted sites or brownfields, visit: http://www.serconline.org/brownfields/index.html.
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New Jersey Tightens Rules Protecting Wildlife (The Times 7/16)
New Jersey's three decade-old endangered species law has yet to be fully implemented. While it is illegal to kill animals listed on the state's endangered and threatened species lists, no law exists to prevent developers from using habitat that is vital to their survival. In other words, you can't kill wood turtles or corn snakes, but one could fill in the ponds and plow over the fields the species live in. Currently, the McGreevey administration has plans in the works to amend the yet-to-be enacted legislation. The new rules will require developers to hire consultants to survey prospective development sites and confirm that they do not contain critical dwelling or forage grounds for endangered species. For more information on how your state can protect its endangered species, visit: http://www.serconline.org/esa/index.html.
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New York School Bus Changes in Pipeline (Times Union 7/15)
New York's school bus fleet is getting a makeover, compliments of a groundbreaking joint state-federal program that will retrofit or replace 5,000 buses a year through 2006. The retrofits will consist of adding pollution-absorbing devices similar to the catalytic converters that have become ubiquitous on cars, while the oldest and dirtiest buses will be replaced by new, more efficient models. Part of the impetus for the program was a study released by the Natural Resources Defense Council in 2001 which linked school bus diesel fumes and the rising numbers of asthmatics among children. In addition to updating New York's buses, the program aims to completely phase out older generation diesels by 2010 and reduce unnecessary idling by at least 50% by 2005. For more information on how to reduce school bus emissions, visit: http://www.serconline.org/schoolbus/index.html.
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Wisconsin's Governor Doyle to Reject Stewardship Cuts (Milwaukee Journal Sentinel 7/14)
Governor Doyle has announced that he plans to veto several Republican budget provisions that would threaten the state's ability to protect its natural heritage lands. The GOP proposed that bonding be reduced for Wisconsin's land-buying stewardship program by $245 million through 2010, that the Department of Natural Resources sell off $40 million of land, and that all land purchases - not just those costing $250,000 or more - be subject to the approval of the Legislature's Joint Finance Committee. This is just another case, Doyle said, of Republicans "taking a fiscal problem and using it to attack the environment." The stewardship funds targeted by the budget cut proposal are a vital part of Wisconsin's efforts to preserve its undeveloped lands. To date they have facilitated the purchase of over 250,000 acres of land in the state, much of which serves to maintain recreational easements to streams, lakes, and other sensitive lands. While raiding these funds may produce short term economic gains, the loss of the wild and recreational areas they protect would be irreversible, say conservationists. For more information on how your state can protect its undeveloped land, visit: http://www.serconline.org/conservationfunding/index.html.
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Minnesota Companies Try to be Greener, Cleaner (Duluth News Tribune 7/7)
Several prominent Minnesota businesses are joining a worldwide, common-sense environmental movement called Design for the Environment. The idea is simple: if you think about the environment while designing (or redesigning) a product, you can save money and lower the environmental impact of the product. The movement emphasizes reducing the use of toxic materials, designing products to be recycled, and minimizing waste. The Minnesota Office of Environmental Assistance (OEA) has been coordinating a Design for the Environment program for five years now. They work with companies like Ford, whose Ranger truck plant in St. Paul saves $129,000 a year and has reduced it's emission of volatile organic compounds by 45 percent since 1996 as a result of a redesign. Medtronic, another OEA program participant, saves around $2 million a year because they decided on an environmentally-friendly coating for its products. The key is to think about the entire production process, and the entire lifecycle of the product, according to OEA staff. This kind of design can also help companies comply with existing and upcoming environmental regulation.
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Massachusetts Bill Promotes Use of Safer Chemicals (MA legislative website)
HB 2275, introduced by Rep. Jay Kaufman, promotes the use of chemicals that are safe as alternatives to toxic chemicals that are regularly used. Toxic chemical exposure can be dangerous for individuals, but their use is especially detrimental to children. Pound for pound, children ingest more toxic chemicals due to their size and general behavior. The bill is currently in the Joint Committee on Natural Resources and Agriculture.
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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]