Wildlines Archives
Volume II, Number 42
October 20, 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:
 
 
 
 
 
 
 
 
 
 
 
Stopping the Spread of Invasive Species
California Terminates Logging That Threatens Streams
ALEC's Model State Data Access Bill
 
California: Diesel School Buses -- A Health Risk to Children
Massachusetts: Budget Cuts Threaten Boston's Watersheds
Hawaii: Legislator Makes Waves for Renewable Energy
Pennsylvania: No to Clean Air Rollbacks
Pennsylvania: Factory Farms Threaten Air and Water with Waste
Hawaii: Cruise Ships Need to Clean Up
Environmental Measures on the Ballot
Maine: River Restoration to Protect Salmon
South Carolina: Compromising on Smog Control
Maine: Conservation with Lower Taxation Plan
Minnesota: New Watershed Protection Plan
Stopping the Spread of Invasive Species

Invasive species are non-native species that wreak environmental and economic havoc in an ecosystem beyond their native range. Invasive species kill our trees, invade our lawns, and clog our water pipes. They threaten our families with deadly diseases like cholera and West Nile Virus. They upset the sensitive balance of our ecosystems by destroying habitats, disrupting the food chain, and out-competing our native plants and animals. We are quickly losing the battle to stop the spread of invasive species. Experts estimate that invasive species cost our nation more than $135 billion annually. Three million acres, an area twice the size of the state of Delaware, are lost to invasive plants each year. Invasive species have contributed to the decline of 46 percent of our nation's threatened and endangered species. Currently a large number of rules and statutes regulate invasive species, but have a number of gaps that have led to a lack of coordination and focus. In the mean time, invasive species continue to reduce biodiversity and threaten sensitive habitats. For more information on how your state can stop the spread of invasive species, visit: http://www.serconline.org/invasives/pkg_frameset.html.

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California Terminates Logging That Threatens Streams (The Mercury News 10/14)
http://www.bayarea.com/mld/mercurynews/7009411.htm

Any of California's nine regional water quality boards can now block logging plans they believe will violate water quality standards for streams already classified by the federal Environmental Protection Agency as "impaired" by sediment. This significant change in state timber regulations was signed into law by Governor Gray Davis last week. The California Sierra Club had made the measure, SB 810 by Sen. John Burton, its top priority, citing concerns of increased flooding, muddy streams, and salmon eggs destroyed by logging. Some 14,000 miles of streams from Santa Rosa to Oregon are covered under the measure. Timber companies opposed the bill, saying that existing rules are sufficient to maintain water quality, that they already obey many costly environmental regulations, and that the measure will be used inappropriately by activists seeking to stop their operations. Paul Mason of the Sierra Club said that the measure will give the state a better way to protect against harmful timber plans, but should not affect responsible timber companies. "If you are doing good forestry, you never are going to know this law exists," he said.

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ALEC's Model State Data Access Bill

ALEC's Data Access Act of 2003, on the face of it, appears to be a model text that would allow individuals easier access to information that may be pertinent. But this model language being pushed by the conservative clearinghouse, Center for Regulatory Effectiveness (CRE), is not as innocent as it looks. It is clear from CRE's website that they do not approve of regulations to improve the environment. In line with that belief, the model bill would add layers of red tape to overburdened state agencies. The model language is based on a federal level revision by the Office of Management Budget (OMB) as directed by the Shelby Amendment, "to require Federal awarding agencies to ensure that all data provided under an award be made available to agencies to the public through the procedures established under the Freedom of Information Act." The language that ALEC cooked up would go above and beyond what the federal government requires. The bill seeks to "ensure that study findings generated wholly or partially with funding from a State agency by a non-governmental entity and relied on by a State agency in proposing or promulgating a rule (etc.)…can be subjected to scrutiny." What that boils down to is the potential compromise of intellectual property rights and confidentiality. The federal language only allows access to certain categories of data, whereas the state language does not exempt any categories of data and would compromise the flexibility of states to protect data. The bill also contains language that would require that unpublished data could be subject to an information request. The underlying purpose of the act is to make it easier to question valid scientific data and the environmental regulations that are based on such data. Although the bill pretends that the public would benefit from this, it seems instead that only a few businessmen who resent regulations would benefit from the "data access".

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California: Diesel School Buses -- A Health Risk to Children (San Francisco Chronicle 10/16)
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/10/16/MNGBH2CBO21.DTL

A recent study released by the California Air Resources Board found that children riding in conventional diesel school buses are exposed to diesel-related pollutants at levels at least twice as high as the air outside, and have an increased lifetime cancer risk of about 4%. The study tested five diesel buses built between 1975 and 1998, one 1998 diesel bus equipped with a particulate trap, and one bus that ran on compressed natural gas (CNG). Researchers found that the concentrations of pollutants were two to five times higher in the conventional diesel buses than in the newer buses equipped with particulate traps. The CNG bus was the cleanest of the tested fleet. The study confirms results from a study conducted by the Natural Resources Defense Council (NRDC) and researchers from UC Berkeley, which also found diesel pollution to be a major problem in school buses; and, another study by the U.S. Environmental Protection Agency, which found that diesel exhaust most likely triggers asthma and can cause cancer. The California Air Resources Board recommended that older conventional diesel buses be replaced by newer buses with particulate traps, or with cleaner alternative-fuel buses. For more on how your state can clean up its school bus diesel emissions, visit: http://www.serconline.org/schoolbus/index.html.

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Massachusetts: Budget Cuts Threaten Boston's Watersheds (Boston Herald 10/15)
http://www2.bostonherald.com/news/local_regional/mwra10152003.htm

There is growing concern that the Department of Conservation and Recreation (DCR) does not have the resources necessary to maintain Boston's watersheds. In response to this concern, the Metropolitan Water Resources Authority (MWRA) is pushing to take control of the Quabbin, Wachusett, and Ware watersheds. MWRA Director Fred Laskey and Advisory Board Director Joseph Favaloro argue that, due to state budget cuts, the DCR has not been able to properly maintain the watersheds. The proposed bill, SB 1259, would put MWRA in charge of watershed operations while leaving the state in ownership of the land.

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Hawaii: Legislator Makes Waves for Renewable Energy (Stateline.org 10/13)
http://www.stateline.org/stateline/?pa=story&sa=showStoryInfo&id=329392

The average Hawaiian pays twice as much for electricity than the average American. This is due to the fact that Hawaii depends on imported fossil fuels for 93% of its energy needs. Hawaiian Representative Cynthia Thielen believes that the answer to Hawaii's energy woes is all around them: the ocean. After attending a conference on wave energy in Cork, Ireland, Thielen is convinced that wave power has the potential to power the entire state for a fraction of the cost of fossil fuels. And, best of all, it is clean, renewable power. This is not the first time that Thielen has tried to encourage clean renewable energy use in the state. Two years ago, she pushed for a state mandate that would have required Hawaii to use 10% renewable energy by 2010 and 20% renewable energy by 2020. The bill was shot down, largely as a result of opposition from the Hawaiian Electric Company (HECO), who, according to Thielen, is also Hawaii's largest obstacle preventing Hawaii from developing wave energy. According to Thielen, "Hawaiian Electric is a monopoly and is committed to fight against renewable resources because they're knee deep in oil." HECO says that, although they want to support wave energy, they do not believe it is currently an economically viable alternative energy source. The idea of harnessing the power of ocean waves is nothing new but, according to Thielen, it is only recently that technological advancements have made it economically feasible. The first commercial wave power station was built on the Scottish isle of Islay, and has been operating for the past three years. A project is currently under way in Hawaii to test the viability of wave power in the state. For more information on how your state can clean up its energy act, visit: http://www.serconline.org/cleanenergy.html.

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Pennsylvania: No to Clean Air Rollbacks (Pittsburgh Post-Gazette 10/17)
http://www.post-gazette.com/localnews/20031017cleanair1017p2.asp

Pennsylvania state officials are unhappy with federal rollbacks to the Clean Air Act set to take place in August. The new rules would exempt certain power plants and other industries from having to install pollution controls as they upgrade or expand. Many of PA's utilities have already invested in expensive clean technology, which would put them at a competitive disadvantage. The state declared a commitment not to allow the change, and may write even tighter air pollution legislation. Georgia, New Jersey, Wisconsin, Ohio, Indiana, and Missouri have also indicated an interest in retaining strict air quality regulations through state law, if necessary. The case that ten northeastern states, including PA, filed against the Bush administration, which challenges the changes to the Clean Air Act, is still pending. To find out more about clean power, visit: http://www.serconline.org/clean/index.html.

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Pennsylvania: Factory Farms Threaten Air and Water with Waste (Post Gazette 10/16)
http://www.post-gazette.com/localnews/20031016farmslocal4p4.asp

According to a study released by Citizens for Pennsylvania's Future, large farms, commonly known as factory farms, are creating a number of environmental problems. These include air pollution from pungent odors, a number of human health concerns, and the degradation of soil and water due the large amount of manure generated in small areas. The current regulations in place to protect the environment from factory farms have been unable to keep up with the pace at which the farms are developing. Even though Pennsylvania has had a nutrient management law in effect since 1993, many individual plans have not been implemented by the farmers, and there is little thought to the cumulative impact of a number of factory farms on a watershed. Pennsylvania also lacks regulations concerning odor, air pollution (from hydrogen sulfide, for example), and excessive phosphorous from manure spread on fields. The report also criticizes the use of low-level antibiotics in factory farms. To view the report, visit: http://www.pennfuture.org/items/factoryfarmreport_101003.pdf. For more information on factory farms, visit: http://www.serconline.org/cafos.html and, for more information on antibiotic use in agriculture, visit: http://www.serconline.org/antibiotics/index.html.

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Hawaii: Cruise Ships Need to Clean Up (The Honolulu Advertiser 10/15)
http://the.honoluluadvertiser.com/article/2003/Oct/15/bz/bz01a.html

The Hawaii Department of Health and the North West Cruise Ship Association are currently negotiating amendments to a "memorandum of agreement", a list of guidelines that are voluntarily enforced. One of the changes would require ships to prepare better for oil spills and report pollution activities. State Rep. Brian Schatz, Chairman of the Committee on Economic and Business Concerns, plans to introduce legislation that would add more comprehensive mandatory controls, including restrictions on sewage and wastewater discharges. "I anticipate there will be more openness to environmental protection on the cruise industry because I think the Legislature and the public (are) only beginning to become aware of the dangers that these ships pose to our ocean," Schatz said.

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Environmental Measures on the Ballot (Defenders of Wildlife 10/10)

This fall, citizens in ten states will vote on thirty-four ballot measures, some of which will impact our water, air, wildlife, and the habitat upon which they depend. While the number of both legislative and citizen-based initiatives has significantly decreased in recent years, ballot measures remain an important tool for our democratic system of government. Defenders of Wildlife recently released a report on this year's environmental ballot measures, titled "The Environment, Citizens, and the State." Included in this report is a summary of ballot measures that relate to the environment and have been approved for the 2003 ballots. This report also includes updates on past ballot measures, as well as a summary of measures being considered for 2004. One highlight is the three ballot measures that recently passed in Louisiana, which will provide funding for coastal and wetlands conservation and restoration. You may read the full report at: http://www.serconline.org/stateInfo/stateinfoBallot.html.

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Maine: River Restoration to Protect Salmon (Christian Science Monitor 10/7)
http://www.christiansciencemonitor.com/2003/1007/p03s01-uspo.html

In an unprecedented move, a coalition known as the Penobscot River Restoration Project (PCRP) that includes the Penobscot Tribe, environmentalists, several state and federal agencies, and the PPL Corporation, have agreed to open 500 miles of the Penobscot River watershed to endangered salmon and 10 other species of migrating fish. Two old dams -- the Great Works and Veazie dams -- on the lower Penobscot River will be demolished, while another -- the Howland dam --will be overhauled to include a fish bypass. The removal of the dams will hopefully help salmon populations recover. The historic salmon runs, down to a few thousand in recent years, used to number in the tens of thousands two centuries ago. With the agreement came a number of concessions including the flooding of 10 acres on the Penobscot Tribe's ancestral lands, the purchase of the dams by the PCRP for $25 million, and the right for the PPL Corporation to increase energy output on six other dams it owns in Maine. The coalition hopes this agreement may be used as a model to restore salmon populations in the West and, in similar situations, to resolve conflicts.

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South Carolina: Compromising on Smog Control (The State 10/14)
http://www.thestate.com/mld/thestate/7007586.htm

South Carolina recently announced a compromise to cut smog that would let businesses locate to high ozone areas without pollution control equipment. The plan came as an alternative proposal to a federal approach aimed at controlling excess ozone, a component of smog, by 2010. If approved by the Environmental Protection Agency, South Carolina would limit pollution comprehensively throughout the state without targeting the smoggiest areas in an attempt to placate the business community. State officials say that the federal controls could cost business five times as much and would discourage development. On hot days, smog from factories and automobiles can cause lung damage and breathing trouble for asthmatics. Environmentalists say the plan is "dubious at best" and may not do enough to protect human health in urban areas.

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Maine: Conservation with Lower Taxation Plan (Bangor Daily News 10/17)
http://www.bangordailynews.com/editorialnews/articles/410049_101703statemullstaxbrea_medgecomb.cfm

Maine's Department of Inland Fisheries and Wildlife is working with state legislators and conservation groups to develop conservation incentives for landowners. Supporters say it's a win/win scenario: important wildlife habitat would be protected, property owners would receive tax breaks for conserving their land, fewer environmental regulations would be needed, and the state would save money compared to land acquisition programs. The Department is concerned that, without increased conservation, the larger natural habitat areas needed by deer, moose, and the federally endangered Canada lynx will disappear. The proposed bill would create an income tax credit of 40 to 50 percent for people who donate land or agree to conservation easements, and would add wildlife habitat to the type of land that qualifies for tax exemptions under Maine’s Farm and Open Space Tax Law. Although the measure is based on bills which failed in previous sessions, Department backing and a provision reimbursing local communities for lost income are likely to increase support for the plan. For more information on how to fund conservation efforts, visit: http://www.serconline.org/conservationfunding/index.html.

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Minnesota: New Watershed Protection Plan (Star Tribune 10/14)
http://www.startribune.com/stories/462/4152499.html

Last Monday, Minnesota Governor Tim Pawlenty announced a $226 million initiative extending a farmland conservation program to watersheds in three corners of the state. The expanded Conservation Reserve Enhancement Program will retire 150 square miles of less productive farmland near the Red, Mississippi, and Des Moines Rivers. The program has already been credited with restoring the Minnesota River valley, in part, by reducing annual runoff into the river by 470,000 tons of sediment and 580,000 pounds of phosphorus. The program pays farmers to stop tilling land near environmentally sensitive waterways, allowing native grasses, trees, and other species to return. Most of the program will be supported by federal funds, although the state will be asked to borrow $46 million over three years. "We have more freshwater than any other state," Governor Pawlenty noted. "Protecting and restoring this crown jewel... should be our number one environmental priority." While the initiative has been supported by a wide coalition of environmentalists, farmers, and sporting groups, big farm groups criticize the long-term restrictions on farmland. Others have said the plan is "too little, too late," given the Governor's halving of funds for wastewater treatment, stream protection, and restoration.

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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]