Home > Wildlines Archives > Wildlines, Volume III, Number 19
Volume III, Number 19
May 10, 2004
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:
 
 
 
 
 
 
 
 
 
 
 
School Bus Diesel Emissions
Rhode Island Adopts CA Vehicle Emissions Standard
Illinois Hunting Heritage Protection Act
 
CT and MA Announce Plans to Curb Greenhouse Gas Emissions
TN Looks to Expand Emissions Testing While MO Might Quit
Pollution Settlement to Fund Solar Projects in New York
Renewable Energy Bill Defeated in Colorado
CA's Newest Clean Air Initiative: Ditch the Junkers
State Officials Oppose Mercury Plan
Ohio Investigates Dam Removal
Michigan State Senate Approves Plan to Certify Forests
Massachusetts State to Replace SUV Fleet with Hybrids
Texas Legislator Proposes Environmental Sin Taxes
NY: Proposed Real Estate Tax Increase Would Fund Conservation
School Bus Diesel Emissions

Over 99% of our nation's 600,000 school buses run on diesel fuel, placing millions of children at risk each day from the hazardous health effects of diesel emissions. These emissions have been directly linked to such serious health problems as asthma, bronchitis, pneumonia, retarded lung development, and increased emergency room visits for respiratory illnesses. After long-term exposure, diesel exhaust can cause cancer. In an era where there are cleaner and less toxic alternatives, states must act to protect our children from exposure to these dangerous pollutants on their trips to and from school. Diesel legislation can be found in many states, and these states have taken a wide variety of approaches to addressing the problem, including educating citizens about the hazards of diesel exhaust, reducing heavy-duty diesel vehicle emissions, and establishing tax breaks for alternative fuel use. As more states address the issue, the spotlight shines more brightly on those states, which are unwilling to place the safety of our school children first. For more information on how your state can regulate school bus diesel emissions, visit: http://www.serconline.org/schoolbus/index.html.
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Rhode Island Adopts CA Vehicle Emissions Standard (The Providence Journal 5/6)
http://www.projo.com/news/content/projo_20040506_cars6.1d65ab.html

Rhode Island Gov. Donald Carcieri announced last week the state's adoption of California's clean car emission standards, currently the toughest in the nation. By law, states are required to adopt either federal or California clean air standards. Carcieri's announcement makes Rhode Island the last state in New England to adopt California standards. According to Northeast States for Coordinated Air Use Management, motor vehicles are responsible for at least 30 percent of the northeast region's greenhouse gas emissions. The new clean car standard will require 10 percent of all new cars and trucks be classified as zero-emissions vehicles by a date yet to be determined by the state Department of Environmental Management; California's set date for the same mandate is 2012. In addition, Rhode Island auto manufacturers will be required to sell approximately 14,400 hybrid vehicles and more than 78,000 clean conventional cars by 2011. Sales of hybrid and other low-polluting motor vehicles may be used as credits by auto dealers to meet the 10 percent zero-emissions standard once a target date is set. The manufacturers of low-emission and hybrid vehicles are welcoming the changes, while auto associations and the oil industry have raised objections to the phase-in timeline of low-emission vehicles.
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Illinois Hunting Heritage Protection Act

The Hunting Heritage Protection Act, Illinois SB 2156, passed both state houses last week and is now eligible for Gov. Blagojevich's signature. However, if this bill is signed into law, public land management in Illinois would be severely compromised. The bill calls for "no net loss" of public land available for hunting. If the bill becomes law, any area closed to hunting would have to be compensated for by opening other public lands to hunting. The legislation, developed by the United States Sportsmen's Alliance (USSA), is based on federal legislation of the same title that was introduced three times with little success. The most recent version, S 1204, has remained in committee since June 5, 2003. The Bureau of Land Management, in testimony opposing HR 4790, a previous version introduced on June 29, 2000, cited a number of shortcomings with the language. One shortcoming is the impracticality of administering the "no net loss provision." It would unnecessarily complicate federal land management, and the bill could be construed as placing hunting above all other recreational concerns. Since there is little change made to the state language, the same arguments still apply and can be taken a step further. Even though SB 2156 states that hunting will be given no preference above other recreational uses, it is not difficult to conclude activities such as bird-watching and hiking would be affected. The bill would unnecessarily tie the management and financial hands of the Department of Natural Resources (DNR). The additional burdens would be costly and could compromise and harm other programs administered by the DNR. Further complicating the management of states lands is that they are held in trust for the public. Public lands are and should be available to all citizens, and no preference should be given to one special interest. This shortsighted, special interest-driven bill should be vetoed by Gov. Blagojevich, in order to protect the public lands of Illinois for all of its citizens.
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CT and MA Announce Plans to Curb Greenhouse Gas Emissions (Greenwire 5/6; Boston Globe 5/6)
http://www.eenews.net/Greenwire/Backissues/050604/050604gw.htm#7
http://www.boston.com/news/local/massachusetts/articles/2004/05/06/state_aims_to_cut_greenhouse_gases/

The Connecticut legislature has passed a bill calling on Gov. Rowland to create a plan to reduce greenhouse gas (GHG) emissions to 1990 levels by 2010. The legislation requires Rowland's Steering Committee on Climate Change to create a plan that will help Connecticut meet the 1990 CO2 targets, along with achieving a 10 percent reduction below 1990 GHG emissions by 2020. The plan, due by January 2005, would then be reviewed by environmental committees in the state legislature. Facilities that are already required to report air emissions to state and federal environmental agencies under the Clean Air Act would have to report GHG emissions as well, beginning April 2006, according to the law. And, the Connecticut Department of Environmental Protection would have to publish an inventory of GHG emissions, starting in 2006. The measure would also require state officials to create a list of "climate friendly" products and services for use by the state government and universities. In addition to Connecticut's action, Massachusetts Gov. Romney announced plans that would make his state the first to consider the impact on greenhouse gases when state regulators evaluate highway projects and other public construction plans. The plan also calls for the state, through better planning, to curb sprawl, thus reducing motorists' time on the road, and to promote higher mixed-use development at transit stations. It also suggests giving the owners of hybrid cars tax breaks and the right to use high-occupancy vehicle lanes even without passengers.
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TN Looks to Expand Emissions Testing While MO Might Quit (Post Dispatch 5/3; The Tennessean 5/6)
http://www.stltoday.com/stltoday/news/stories.nsf/News/Election+2004/18CA27B6101B2EF686256E8A00
136C4F?OpenDocument&Headline=Ending+emissions+tests+gets+initial+approval
http://tennessean.com/government/archives/04/04/50853237.shtml?Element_ID=50853237

Missouri lawmakers, looking to stop clean air emissions testing, won a preliminary victory last week with House approval of a bill, HB 1181, to end the program. Although the bill had bipartisan support, it squeaked by the House by a margin of just seven votes. Proponents of the bill, including its sponsor, Rep. Lembke, argue that the vehicle emissions testing requirement is unnecessary, unpopular, and a burden to the elderly and the poor. As evidence, they point to the fact that more than 90 percent of vehicles, required to take the test, pass it, and the state's biggest vehicle polluters are exempt from the law. Opponents of the proposal say that ending the program could contribute to a rise in allergy aggravation of state residents and have serious environmental consequences. In addition, the decision could leave more than 250 emissions testers unemployed and, if ending the program leaves the state out of compliance with federal clean air standards, mean the loss of millions of dollars in federal highway funds. In addition, breaking the contract between the state and the testing administrative company could cost the state $40 million. Meanwhile, Tennessee is considering expanding its emissions testing program to more state counties. A bill being proposed by Tennessee lawmakers would require tailpipe emission testing in counties that either do not meet federal standards for air quality or have 50,000 or more registered vehicles. The bill would also require testing in counties that have had air quality issues in the past but are currently in compliance with federal standards. In addition, testing could be required in areas that do not have high levels of emissions themselves but are found to contribute to air quality issues downwind and have 60,000 or more registered vehicles. The U.S. Environmental Protection Agency recently reported that 18 counties in the state are violating federal ozone standards, and an expanded emissions testing program has been proposed as one way to begin dealing with that problem. The state has three years to develop a control strategy and plan of action to comply with federal standards.
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Pollution Settlement to Fund Solar Projects in New York (Times Union 5/5)
http://www.timesunion.com/AspStories/story.asp?storyID=245170&category=STATE&newsdate=5/5/2004

Attorney General Eliot Spitzer announced that New York will dedicate the $1.8 million it won from a polluting Virginia power company to fund solar energy projects. The money arises from a 2000 lawsuit when Spitzer and other Northeast attorneys general sued Virginia Electric Power Co. for violating the federal Clean Air Act. The company soon settled, pledging to spend $1.2 billion over 12 years to clean up emissions from eight of their coal-fired power plants. They also paid $5.3 million in penalties and agreed to spend $13.9 million on environmental projects. Spitzer announced New York's share of that money will be used to install solar energy equipment on government buildings, whether it be a town hall or a school. The New York State Energy Research and Development Authority, which will administer the program, will consider applications from counties, cities, towns, and villages for any solar system on a building or land, owned or leased by government. "Government can lead by example," said Judith Enck, an environmental policy adviser for Spitzer. For more information on how your state can promote clean energy, visit: http://www.serconline.org/cleanenergy.html.
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Renewable Energy Bill Defeated in Colorado (Denver Post 5/5)
http://www.denverpost.com/Stories/0,1413,36~61~2127591,00.html

A bill to increase Colorado's supply of wind, solar, and renewable energy died in the Senate, opening the door to a vote by state residents this fall. Supporters of renewable energy have already begun the initiative process to secure funding and get signatures on petitions that would put the measure on November's ballot. The unexpected defeat marked the fourth year in a row that the Colorado legislature killed renewable energy legislation. The legislation would have required the state's largest electricity providers to get 900 megawatts -- enough to supply 300,000 homes under normal operation -- from renewable energy sources by 2010. "I think the Senate made a mistake," said Matt Baker, executive director of Environment Colorado, which is heading up the coalition of groups pushing for a ballot initiative in November. "The bill was in the best interest of Colorado, and the legislature missed a chance to respond. I hope the voters of Colorado will answer this question for themselves." Colorado would become the first state in the country to allow voters to decide the sources of their electricity. For more information on renewable power standards, visit: http://www.serconline.org/RPS/pkg_frameset.html.
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CA's Newest Clean Air Initiative: Ditch the Junkers (Los Angeles Times 5/4)
http://www.latimes.com/news/science/environment/la-me-smog4may04,1,5251321.story?coll=la-news-environment

California continues its attempts to reduce air pollution from mobile sources, this time with a proposal to offer financial incentives for owners to replace their older, higher-polluting vehicles with more environmentally friendly ones. Mobile sources of pollution contribute to about 70 percent of the smog in California, and older cars tend to be heavier polluters; just five percent of California's vehicles are responsible for about half of the state's air pollution from motor vehicles. Most of these older vehicles are exempt from smog tests and other emission controls. Gov. Schwarzenegger and his administration are backing the proposal but have yet to approve a proposal to fund and implement it. The administration is considering, and various state legislators are proposing, several different funding sources for the program, which they expect to cost the state $200 million to $400 million per year. Some policymakers are arguing for a wholesale gasoline fee of about one cent per gallon, while others suggest an increase in vehicle registration fees of about $2 per vehicle. While businesses operating in the state have been fairly supportive of the plan, truckers and the oil industry are opposed to a gasoline fee; car dealers oppose an increase in registration fees. Oil and gas suppliers like the idea of additional registration fees because it would cause motorists to share the cost of cleaning the air, but some consumers are arguing that such a fee would be unfair to owners of low-emission vehicles. California has cut harmful exhaust by more than 100,000 tons per year with its established programs to replace older diesel-powered school buses, farm equipment, and other heavy-duty engines. These new plans follow on the heels of a U.S. Supreme Court ruling that Southern California air quality officials overstepped their authority by enacting rules requiring operators of large vehicle fleets to buy low-polluting vehicles.
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State Officials Oppose Mercury Plan (Chemical and Engineering News 5/3) http://pubs.acs.org/cen/news/8218/8218notw3.html

A federal proposal to reduce mercury air emissions was roundly criticized by state environmental officials in a resolution passed in late April by the Environmental Council of the States (ECOS). The resolution urges the U.S. Environmental Protection Agency (EPA) to toughen its proposal by making mercury emissions reductions faster and deeper. Mercury, ECOS notes, is neurologically toxic, particularly for children. The group says EPA's December 2003 proposal is too weak, does not reflect readily available emissions reductions technologies, and is not consistent with provisions in the Clean Air Act. ECOS members were among stakeholders who, together with EPA and industry, developed an earlier proposal that would have required 40-96% reductions in mercury emissions from coal-fired power plants by 2007. EPA nixed that deal, however, and substituted its new proposal, calling for either a 29% reduction by 2007 or a 69% reduction by 2018. Coal-fired power plants are the largest unregulated source of mercury air emissions. While the EPA proposal is supported by coal interests, it has generated lawsuits and thousands of critical comments from environmental activists, health officials, and state and local air regulators. Also, early in April, attorneys general from 10 states and 45 senators urged EPA Administrator Michael O. Leavitt to withdraw the proposal. EPA is under court order to finalize a long-delayed mercury regulation by the end of the year. For information on how your state can reduce mercury pollution, visit: http://www.serconline.org/mercury/pkg_frameset.html.
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Ohio Investigates Dam Removal (Plain Dealer 5/3) http://www.cleveland.com/news/plaindealer/index.ssf?/base/summit/108358170721050.xml

The Gorge Park Dam stands as the largest dam on the Cuyahoga and a major obstacle to improving water quality. The Ohio Environmental Protection Agency (Ohio EPA) wants to study whether it is feasible to remove the 58-foot-tall dam, which was built in 1912. Last month, the state sent a letter to the dam's owner, Akron-based FirstEnergy Corporation, raising the idea. Ohio EPA officials will meet later this month with company representatives to begin evaluating the dam's removal. "From an environmental standpoint, there would be benefits," said Steve Tuckerman, the Ohio EPA's Cuyahoga River specialist. "But there are other factors that must be considered, such as economic and social." The dam blocks fish and creates conditions that contribute to extensive algae growths downriver, Tuckerman said. The major problem facing removal is cost. Behind the dam sits tons of accumulated silt. This sediment could be contaminated with toxic chemicals, such as polychlorinated biphenyls, which would be costly to clean up. The Ohio EPA also is considering modifying or removing three other dams on the Cuyahoga River, one in Brecksville and two others in Cuyahoga Falls. "Dam removal is certainly an important part of the overall puzzle of restoring the river," said Jim White, who heads the Cuyahoga River Remedial Action Plan, a group dedicated to cleaning up the river. "The river needs free-flowing water to sustain the river ecosystem."
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Michigan State Senate Approves Plan to Certify Forests (Ann Arbor News 5/6)

Three bills designed to certify Michigan's 4 million acres of state forest land passed the senate last week. H 5554 initiates the certification process, SB 1023 allows forestry pilot projects, and S 1024 changes membership of the forest finance authority. Proponents of the bills say they could result in independent verification of state forest lands and make Michigan's timber industry more competitive. Opponents say that the state Department of Natural Resources already has the capability to assess forest land, and putting the job into the hands of private interests is suspect. Michigan's $9 billion forest products industry has about 150,000 workers. More than 30 Michigan pulp and paper mills have closed in recent years because of increased foreign competition, consolidation of companies, and improved technology making individual mills more productive. Forest-based tourism and recreation provides 50,000 jobs and pumps more than $3 billion into the state economy, according to the nonpartisan House Fiscal Agency. H 5554 has been approved by the Senate; S 1023 and S 1024 have been sent to the House.
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Massachusetts State to Replace SUV Fleet with Hybrids (Boston Herald 5/6)
http://news.bostonherald.com/localRegional/view.bg?articleid=19213

SUVs in Massachusetts's state vehicle fleet will be replaced by hybrids when their leases run out, according to the state's "Climate Protection Plan," unveiled on May 6. The plan codifies pledges made in 2001 by the New England governors and Eastern Canadian premiers, and vaults Massachusetts into the vanguard of efforts to arrest worldwide rising temperatures that could spark violent weather patterns, swamp the coastlines, kill marine wildlife, and hamper the tourism industry. SUVs have been the vehicle of choice for politically connected public workers, but their terrible fuel economies make them poor choices for state officials who are trying to craft policies to help curb climate change. For more information on how states are curbing SUVs, visit: http://www.serconline.org/suvFleets.html.
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Texas Legislator Proposes Environmental Sin Taxes (TEXPIRG Email Alert 4/30)
http://pirg.org/alerts/route.asp?id=732&id4=ES

During an emergency legislative session to find appropriations for Texas schools, Rep. Lon Burman introduced HB 34 and HB 35, which propose environmental sin taxes. HB 34 would add a tax to large, gas-guzzling SUVs; HB 35 would add a tax to coal and inefficient power plants. If they pass, the taxes could generate up to $1.2 billion in revenue. For more information on the dangers of SUVs, visit: http://www.serconline.org/suvFleets.html. For more information on clean energy, visit: http://www.serconline.org/cleanenergy.html.
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NY: Proposed Real Estate Tax Increase Would Fund Conservation (Democratic and Chronicle 5/5)
http://www.rochesterdandc.com/news/05051S451DC_news.shtml

Under a bill introduced on May 4, communities in New York would have the option of adding a tax to real estate transactions to fund environmental preservation projects. Communities could adopt a tax of up to 2 percent on a portion of real estate sales. The state currently charges a 0.4 percent transfer rate. The proceeds would go in an open space conservation endowment and be used to buy land or acquire land easements. Other open space projects would include parkland development, historic site preservation, and watershed and farmland protection. The Brookings Institution and Cornell University reported that, between 1982 and 1997, upstate urbanized land increased 30 percent while the population grew only 2.6 percent. This type of development results in lost farmland, more vehicle miles traveled, and urban decay. The model for the plan is the Peconic Bay Community Preservation Fund, adopted by five towns on eastern Long Island. The fund topped $100 million in its first three years. The legislators are looking to provide towns across the state with the same option. For more ideas on how you can raise money for conservation in your state, visit: http://www.serconline.org/conservationfunding/index.html.
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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]