Home > Wildlines Archives > Wildlines, Volume III, Number 2
Volume III, Number 2
January 12, 2004
A publication of the State Environmental Resource Center (SERC) bringing you the most important news on state environmental issues from across the country.
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Please note that, next week, "Wildlines" will be issued on Tuesday, January 20, 2004, due to SERC's observation of Martin Luther King, Jr. Day.
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NEWS FROM THE STATES:
 
 
 
 
 
 
 
Renewable Energy Incentives
New Jersey & Connecticut Target Air Standards
Wisconsin "Job Creation Act" Would Create Environmental Havoc
 
Maryland Governor Proposes Sewage Fee to Protect Chesapeake Bay
Massachusetts Highway Department Going Green
Maryland Drafts Bill to Spur Toxic Site Renewal
New Jersey to Implement Stronger Clean Water Rules
Michigan Decision on Water Withdrawal Could Have Repercussions
New Jersey "Transfer of Development Rights" Bill Stalled in Legislature
Vermont's Mercury Labeling Law to Have Effects Nationwide
Renewable Energy Incentives

Renewable energy can reduce our dependence on fossil fuels, reduce harmful pollution from energy production and consumption, and reduce our emissions of greenhouse gases. However, when compared to traditional sources of energy, most renewables are still in relatively early stages of technological development, and have very different cost structures, with high-up front costs and low operating costs. To help technologies develop and markets adapt to changes, both federal and state governments have offered a variety of tax incentives for the manufacture, installation, and use of renewables. At this time, a federal energy tax incentive for the wind industry is up for renewal but is being held back until the energy bill is passed. While the federal incentive is stalled, states have an opportunity to act. State tax incentives can be used in many ways to promote new and cleaner ways of doing business. They have been used successfully to help new technologies, such as solar energy and wind power, achieve economies of scale and move toward commercial viability, and have also been useful in helping to create markets for these products. These incentives benefit states in two ways. First, they encourage greater use of these clean energy technologies, thus reducing the hazardous environmental and human health impacts associated with traditional energy sources. Second, these incentives encourage the development of renewable industries in the state as part of economic development efforts. For more information on how your state can adopt renewable energy incentives, visit: http://www.serconline.org/RenewableEnergyIncentives/index.html.
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New Jersey & Connecticut Target Air Standards (New Haven Register 1/9; Star Ledger 1/9)
http://www.newhavenregister.com/site/news.cfm?newsid=10777359&BRD=1281&PAG=461&
dept_id=517515&rfi=6
http://www.nj.com/statehouse/ledger/index.ssf?/base/news-1/1073633472155490.xml

Connecticut and New Jersey appear poised to adopt the proposed low-emission vehicle standards, or "California" standards, that would require automakers to sell an increasing percentage of clean, advanced-technology vehicles, such as gas hybrids, and meet stricter standards for all new cars, starting in 2008. The Connecticut Fund for the Environment (CFE) and three state legislators -- Senators Anisovich and Looney and Rep. Widlitz -- teamed up to push for passage of a bill that would adopt the stricter emissions standards as New York, Massachusetts, and Vermont have done. A similar bill passed the Assembly Appropriations Committee in New Jersey last week. The Senate also amended its version of the bill to mirror the Assembly version, removing a sunset provision environmentalists had opposed. Both versions will go to the full legislature on January 12. According to the CFE, which wrote a report with Environmental Defense, Connecticut's air quality is among the worst in the nation, with motor vehicles a major cause because they emit more than 40 percent of the total toxic chemicals in our air. In New Jersey, a recent study shows that all counties exceed federal standards for ozone, the asthma-inducing pollutant, to which cars contribute.
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Wisconsin "Job Creation Act" Would Create Environmental Havoc (Capital Times 1/8; Wisconsin State Journal 1/8)
http://www.madison.com/wisconsinstatejournal/local/64787.php
http://www.madison.com/captimes/news/stories/64848.php

Wisconsin AB 655, known as the "Job Creation Act," has been trumpeted by Republican legislative leaders as a sweeping regulatory reform bill that would make it easier for businesses to operate, by accelerating approval of air and water permits. Actually, it is a bill that compromises the health of Wisconsin's environment. With little notice to the public and heavy involvement by the state's various business lobbyists, the bill was originally introduced with only days remaining in the regular 2003 legislative session. After protest, from both the public and Democratic legislators, the bill's authors were asked to scale back some of the provisions that would weaken Wisconsin's environmental laws. In December, a compromise was reached in principle, but the new "compromise" bill, according to an internal analysis prepared by administration officials, does not contain the compromises agreed upon. According to a memo from two Department of Natural Resources staffers to the agency's chief negotiators and the governor's legislative liaison, the bill "reverts to many of the provisions of the original drafts of SB 313/AB 655 and will lead to significant habitat destruction and adverse impacts on public rights in navigable waters." One provision contained in the new bill, touted as the "final bill," sanctions the use of "general" permits, which are much less regulated, and would be issued for a broad range of activities that affect lakes and streams. The new version also fails to restore existing statutory standards that protect water quality, habitat, or other rights in public waters. Similar to its first introduction, drafts of the amended version were first made available for review at 8 a.m. on January 7, and the Assembly Committee on Job Creation began a hearing on AB 655 at 8 a.m. on January 8, in which the amended version was adopted. No public hearings were held on the new version. Wisconsin's Attorney General voiced concern, saying that it would be difficult to evaluate the implications of the of 79-page bill in such a short time. Amidst all of this, no proof has been offered whether or not the bill would actually create jobs. It seems that the supporters of the bill are not interested in actually creating jobs or in having a full and fair hearing of their proposal. Instead, they are pushing their bill through the legislative process as fast as they can, without public input or discussion. Perhaps, they are afraid that such discussion would reveal that, while this bill does nothing to create jobs, it does plenty to weaken environmental standards.
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Maryland Governor Proposes Sewage Fee to Protect Chesapeake Bay (Baltimore Sun 1/9)
http://www.sunspot.net/news/local/bal-te.md.sewage09jan09,0,2166233.story?coll=bal-local-headlines

Marylanders who flush into municipal sewage systems would see their water bills increase by $30 a year under a Chesapeake Bay cleanup plan unveiled last night by Gov. Robert L. Ehrlich. The $2.50 monthly surcharge would raise $66 million a year to upgrade Maryland's 66 largest sewage treatment plants and would enable them to cut the amount of harmful nutrients released into the bay. Owners of multifamily residential buildings without individual sewage bills would be charged a fee for each unit, leaving it to them to pass the charges along to their tenants. Businesses would be charged $2.50 a month for each 250 gallons of daily sewage they produce. In addition to the new sewage fee, the governor proposed a nonprofit "Chesapeake Bay Recovery Fund," which would seek private contributions to pay for oyster restoration, underwater grass planting, and similar activities. Discharges from wastewater-treatment plants account for about 20 percent of pollution in the Bay. Agriculture accounts for 40 percent, and the rest comes from sources that include air pollution from power plants and auto emissions. The jurisdictions of the bay watershed -- Maryland, Virginia, Pennsylvania, New York, Delaware, West Virginia, and Washington, D.C. -- have agreed to cut the flow of nutrients significantly by the end of this decade.
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Massachusetts Highway Department Going Green (Boston Globe 1/8)
http://www.boston.com/news/local/massachusetts/articles/2004/01/08/highway_dept_going_green/

The Massachusetts Highway Department recently purchased 150 vehicles that run on compressed natural gas, which will drastically reduce and, in some cases, eliminate air pollution. The purchase is the first step toward replacing at least three-quarters of the state transportation agency's 689-vehicle fleet with cleaner-burning cars and trucks, which is required by state law. The clean-burning vehicles cost $3.6 million; $2.9 million of which will be paid for by the federal government through a Congestion Mitigation and Air Quality grant. The state also plans to build five new compressed natural gas fueling stations, at a cost of up to $1 million each, though federal reimbursement of 80 percent of that cost is also expected. State Transportation Secretary Daniel A. Grabauskas said his agency looks at the environmental impact of every transportation decision that is made. However, Jeremy Marin, head of the Massachusetts chapter of the Sierra Club, said more could be done. "Anything the state does to reduce emissions is a good thing, but how about spending a few million on improving public transportation and subway stations that are falling apart?" Marin said. "They could spend that money more wisely, if their goal is pollution reduction." Marin also questioned why the state elected to buy compressed natural gas-powered vehicles, which require the special filling stations. He said hybrid gas-electric vehicles, such as the Toyota Prius, reduce emissions, are practical, and use proven and increasingly popular technology.
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Maryland Drafts Bill to Spur Toxic Site Renewal (Baltimore Sun 1/2)
http://www.sunspot.net/news/local/bal-te.md.brownfields02jan02,0,4671720.story?coll=bal-local-headlines

To spur cleanup and redevelopment of contaminated industrial properties, Gov. Ehrlich's administration is drafting legislation that would enhance Maryland's voluntary brownfields program. The state's brownfields program is designed to clean up properties contaminated by industrial waste or pollution, making them safe for new users. The proposal would significantly increase application fees charged to developers, require public meetings about all new projects, and enable the state to impose harsher penalties on property owners who fail to follow through on cleanup orders. To win developers' support, state officials want to speed the process of review and approval by the Maryland Department of the Environment, enabling projects to move forward more quickly. The proposal also expands the types of brownfields eligible for the program, allowing businesses to redevelop parts of polluted properties, but not complete sites, if the contaminated areas do not pose a risk to human health -- a provision environmentalists particularly object to. Neither environmental advocates nor industry lobbyists are satisfied with everything expected to be in the bill. Representatives of both groups say they are waiting to see the exact wording of the proposal. For more information on how your state can address its brownfields, visit:
http://www.serconline.org/brownfields/index.html.
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New Jersey to Implement Stronger Clean Water Rules (Asbury Park Press 1/3)
http://www.app.com/app/story/0,21625,880862,00.html

As early as next Monday, the New Jersey Department of Environmental Protection (DEP) is expected to adopt clean water rules that restrict development and ban construction within 300 feet of streams and other waterways. The new regulations will prohibit builders from allowing storm water runoff to flow into waterways, requiring them instead to funnel the runoff back onto their own properties. Towns will also be required to place screens on storm sewer inlets to reduce waterway pollution. The new rules go beyond what federal regulations require. Although the DEP is still calculating exactly how much land the new regulations will affect, the buffer could restrict development on up to 300,000 acres statewide. That possibility has excited environmentalist groups but worries developers.
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Michigan Decision on Water Withdrawal Could Have Repercussions (FightingBob.com 1/1)
http://fightingbob.com/article.cfm?articleID=157

November's decision in the Mecosta County Circuit Court of Michigan, ordering Perrier/Nestle to close its Sanctuary Springs pumping operation, could help environmentalists and water activists far and wide. The suit was brought by riparian property owners who argued that Perrier's pumping of spring water was interfering with their rights to use their land and adjacent water for aesthetics (one's view of a surface water body), boating, fishing, hunting, gathering, and swimming, among other uses. Judge Lawrence C. Root issued a decision ordering Perrier to close its pumping operation, finding that, in cases where groundwater use and surface water conflict, groundwater use has inferior legal standing relative to the "riparian rights" associated with the surface waters. The decision also shifts the burden of proof to the party seeking to remove or alter a natural resource, rather than requiring environmentalists to defend the status quo under laws intended to protect the environment. Instead of requiring the plaintiffs to show harm to the environment, the court held that, once a party seeking to protect the environment shows that there is insufficient data to establish a baseline from which to judge environmental damage or that the system is so complex that computer models cannot accurately predict impacts, the burden shifts so that the proposed exploiter must show that its activities will not illegally harm the environment. For more information on how to protect groundwater in your state, visit: http://www.serconline.org/groundwaterWithPermit/pkg_frameset.html.
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New Jersey "Transfer of Development Rights" Bill Stalled in Legislature (Star Ledger 1/8)
http://www.nj.com/statehouse/ledger/index.ssf?/base/news-1/107354517890620.xml

The New Jersey Legislature is divided over a "Transfer of Development Rights" bill, which would allow towns to designate growth and preservation areas. Builders would buy the right to build densely in the growth area by paying landowners in preservation areas not to develop their property. The bill, introduced ten months ago by New Jersey Gov. James E. McGreevey, has received support from an unlikely coalition of farmers, municipal officials, and environmentalists, but is currently stalled in the Legislature. Anti-sprawl advocates allege that special interests, particularly builders who are key campaign contributors, are the reason that the bill is being so heavily debated. Others blame Gov. McGreevey for taking too long to decide which version of the bill to support, or anti-sprawl advocates for adding too many controversial measures into the bill. All involved report a 50-50 chance of passing the bill. For more information on how your state can encourage healthy communities and prevent sprawl, visit http://www.serconline.org/sprawl/pkg_frameset.html.
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Vermont's Mercury Labeling Law to Have Effects Nationwide (Barre-Montpelier Times Argus 1/3)
http://timesargus.nybor.com/Local/Story/76835.html

Vermont's Mercury Labeling law, 10 VSA § 6621(d), enacted in 1998, requires manufacturers to label products that contain mercury, such as light bulbs and thermometers, in order to inform consumers of mercury content and proper disposal. The law is expected to require labeling nationwide because manufacturers cannot separate Vermont-bound products containing mercury from those bound for other states. The law was designed to protect Vermont residents from the harmful effects of mercury and to encourage recycling of mercury-containing products, which are banned from state landfills. Mercury-containing products will be labeled with "Hg," the chemical symbol for mercury. Manufacturers say that complying with the law, which requires labeling on all lamps manufactured after Nov. 30, 2003, is costing them millions of dollars. For more information on how your state can protect its air and water from mercury contamination, visit: http://www.serconline.org/mercury/pkg_frameset.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]