Home > Wildlines Archives > Wildlines, Volume III, Number 28
Volume III, Number 28
July 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.
 
NEWS FROM THE STATES:
 
 
 
 
 
 
 
 
 
 
 
Forestry in State Parks
Vermont Law Aims to Reduce Bear-Human Encounters
State Parks -- Public or Private?
 
States Take Lead in Clean Air Quest
California: Oil Companies File Suit over Offshore Protection
Utah: Open Space Effort Falls Short
San Francisco Embraces Greener, Cleaner Buildings
Oregon to Test Mileage Tax as Replacement for Gas Tax
Revised California Forest-Thinning Bill Gains Support
States Filling Administration Leadership Gap on Energy Crisis
ND: Supporters of Biotech Restrictions Gathering Signatures
Port of Los Angeles Opens Green Shipping Terminal
California Assembly Approves Car Labels Revealing Global Warming Gases
Maryland Revs Up Car Proposal
Forestry in State Parks

The 13 million acres of state park lands nationwide are an invaluable public trust that was used by a total of 730 million people in 2001. With such a high volume of visitation, state park managers sometimes have their hands full when it comes to maintaining healthy ecosystems within their park borders. Forests on state park lands can present especially daunting challenges. Large, destructive forest fires in the West during recent years have focused concern on fire suppression practices on government-owned lands. President Bush's "Healthy Forests" initiative addresses this issue by increasing allowable forest-thinning on federal land. Some accuse the President of putting forest industry profit over ecosystem health, but the long-term impact of this policy has yet to be seen. Based on the responses of state park and state forestry officials, most states do not directly address tree removal in state parks legislatively. Instead, the policy is set by the state forestry service, or equivalent, and actions are often taken at the discretion of individual state park managers. Many state park or state forestry service policies explicitly prohibit logging for commercial profit within state parks. However, many states outsource tree removal to private industry, citing lack of state resources. California has a law that prevents commercial exploitation of natural resources on state park lands, with certain exceptions. New York has introduced a bill that would ban all commercial exploitation of state park lands. Some states have legislation that sets the tone and priorities for state park management and some forestry policies require a management plan for each tree removal project. For more information on forestry policies in state parks, visit: http://www.serconline.org/forestryStateParks.html.
back to top
 
Vermont Law Aims to Reduce Bear-Human Encounters (Burlington Free Press 7/7)
http://www.burlingtonfreepress.com/bfpnews/local/wednesday/4000h.htm

Following a record-setting year of complaints, a newly-enacted Vermont law hopes to reduce the number of bear complaints in the state by placing more responsibility on property owners. The law asks property owners to remove things that attract bears to their yards, such as bird feeders. "It puts a responsibility on the landowners," said Charles Johnson, a retired state naturalist. "You have to do something. You can't just shoot the bears. You have to take steps to keep them away." Since April, when Vermont's black bear population came out of winter hibernation, Fish and Wildlife staff has responded to 54 bear complaints. Col. Robert Rooks, director of law enforcement at the state Department of Fish and Wildlife, reported that more than 700 bears were shot last fall, far above the previous record of around 500. The dramatic increase prompted discussion of how to reduce the number of bear-human interactions and bear shootings, which led to the legislation.
back to top
 

State Parks -- Public or Private?

South Carolina Governor Mark Sanford's 2004-05 budget proposal contained provisions to turn some state park operations and services over to private contractors. The plan has environmentalists and state park fans concerned as to whether private management companies will offer the same quality of service that state employees provide in maintaining historic structures, and ensuring park environmental quality. With private companies seeking to make a profit replacing a state service concerned with breaking even, it is unclear what kinds of changes will be made to existing services. Park officials concede that it may be more beneficial to relinquish control of state-owned golf courses, restaurants, and stores, and direct state resources toward other more critical aspects of park management. Overall, the governor's plan claims that roughly $1.4 million can be saved by privatizing Hickory Knob and the campgrounds at Myrtle Beach State Park. However, this estimated savings does not account for loss of revenue from camping and lodging fees as well as the loss of jobs for state employees. Additionally, some provisions may limit the amount of taxes paid by private firms while operating state parks under lease agreements. Georgia adopted similar state park privatization plans. However, a few years into the program, the private companies sued to dissolve the leases with the state, claiming that the maintenance provisions made the parks unprofitable. Complaints were also registered by a variety of environmental and consumer groups claiming that environmental conditions at the parks were deteriorating. Similar proposals have been introduced in Alaska, New York, Oklahoma, and Tennessee with varying results. It is unclear what role, if any, privatization should play in the state park system. States should continue to support and fund state parks as they are a valuable public asset and need to be preserved for future generations. Privatization may make the protection of valuable open space and other precious land less accessible by increasing costs, depleting remote areas of jobs, and neglecting the necessary infrastructural maintenance and improvements to ensure environmental quality. Although the South Carolina legislature did not adopt the governor's state park proposals, as financial problems continue to plague state governments, park privatization may become increasingly popular and such proposals should be monitored closely.

back to top
 
States Take Lead in Clean Air Quest (Chicago Tribune 7/4)
http://www.chicagotribune.com/business/chi-0407030279jul04,1,7735249.story

Despite the U.S. rejection of the international Kyoto Protocol to limit carbon dioxide emissions, and Congress' failure to pass legislation curbing carbon dioxide pollution, states from California to New England are leading the charge to cut emissions of greenhouse gases from power plants, autos, and new building construction. States are feeling the effects of global climate change, which is wreaking havoc on everything from wildlife to forests and wetlands. New Hampshire has recently experienced a die-off of maple trees in the southern part of the state resulting from rising temperatures. At the federal level, policymakers are deadlocked on the issue of curbing carbon dioxide pollution, one of the leading causes of climate change. Starting with Minnesota in 1993, states have enacted legislation requiring energy development to consider carbon dioxide impacts. A few years later, Oregon set limits on carbon dioxide emissions of new power plants. Recently, New Hampshire and Massachusetts have adopted similar emissions caps. In 2002, California took the issue even further, passing legislation to address automobile emissions. The plan would require manufacturers to reduce carbon dioxide emissions by 22 percent between the 2009 and 2011 model years and by a total of 30 percent by 2015. Northeastern states, like New York, are currently considering introducing similar emissions reduction legislation. For more information on how your state can curb carbon dioxide emissions and other greenhouse gases, visit: http://www.serconline.org/ghg/index.html.
back to top
 
California: Oil Companies File Suit over Offshore Protection (LA Times 7/8) http://www.latimes.com/news/local/la-me-offshore8jul08,1,1554587.story?coll=la-headlines-california

The owners of 22 offshore oil platforms located in federal waters off the California coast contend in a lawsuit that they should not have to comply with strict state rules controlling the release of oily wastewater and drilling muds into the ocean. The lawsuit contends that the commission has taken "illegal actions" and "abused and violated powers entrusted to them as California's coastal zone management agency" by insisting on the stricter pollution standard. It also argues that these state standards have never been submitted to federal officials for approval, as required under the Coastal Zone Management Act, and thus cannot be applied to activities in federal waters. The Western States Petroleum Association (WSPA) sued the California Coastal Commission (CCC), arguing that the agency has unlawfully extended its jurisdiction by insisting that the state's standards on the discharge of toxic metals and other substances be applied to platforms located outside the state's 3-mile limit. The fight between oil companies and the CCC focuses on the U.S. Environmental Protection Agency's (EPA) long outdated discharge permits for existing oil platforms off the coast. All of these platforms are operating on expired permits, some issued in the late 1970s, governing the discharge of fluids and muds used in drilling wells and other oil production operations. The EPA has been working since 1996 to negotiate tougher standards that would satisfy the oil industry as well as state and local officials. Last December, the EPA issued a draft of its updated permit, which would reduce the amount of oil and grease allowed to be discharged by 1,250 pounds a day from the 22 platforms combined. It also requires monthly monitoring for a long list of pollutants, including arsenic, copper, lead, mercury, and chromium 6, and imposes limits on the toxic substances released, if any of them are found in significant amounts. In March, the 12-member CCC rejected the EPA's draft permit, insisting that it incorporate the state's stricter standards. Under federal law, the commission has a voice in many federal decisions that could affect the state's coastal zone. The case may be ultimately decided by the U.S. 9th Circuit Court of Appeals.
back to top
 
Utah: Open Space Effort Falls Short (Salt Lake Tribune 7/7)
http://166.70.44.66/2004/Jul/07072004/utah/181599.asp

A ballot initiative effort by environmentalists and open space proponents fell just short of Utah state requirements. The ballot proposal would have allowed Utah voters the chance to approve a $150 million bond for the purchase of open space. Proponents collected well over the necessary 76,000 signatures, but failed to fulfill the other initiative condition, requiring the signatures of 10 percent of the registered voters in 26 of the 29 Senate districts. The effort, led by Utahns for Clean Water, Clean Air, and Quality Growth, fell two districts short. After the lieutenant governor's office made an announcement declining to ratify the proposal, supporters filed an appeal with the Utah Supreme Court. State lawmakers rewrote the initiative statutes in 2003 to include the threshold, after the state Supreme Court overturned a county-based signature requirement. Supporters of the initiative claim that the legislature has effectively muzzled citizen-led lawmaking in the process, but are optimistic that the open space proposal will appear on the November ballot.
back to top
 
San Francisco Embraces Greener, Cleaner Buildings (ENS 7/6)
http://www.ens-newswire.com/ens/jul2004/2004-07-06-09.asp#anchor4

San Francisco has adopted a Green Building Ordinance, set to take effect in September, which will require many new city construction projects, renovations, or building additions to follow green building design principles. The aim of the law is to increase energy efficiency, protect the environment, and increase employee productivity. The Green Building Ordinance, sponsored by Supervisor Tom Ammiano, requires that all city-owned facilities and leaseholds will need to achieve at least a LEED Silver certification. LEED, the green building rating system of the U.S. Green Building Council, stands for Leadership in Energy and Environmental Design. In order for a building to qualify as green, it is analyzed under six categories: site consideration and closeness to public transportation; water efficiency and management of water consumption, distribution, treatment, and storage; energy and atmosphere, including alternate energy sources such as solar panels; materials and resources from recycled products; indoor air quality, including the use of high-quality cleaning and painting materials; and, innovation in design. The buildings are rated on a four-step scale from lowest to highest: LEED Certified, LEED Silver, LEED Gold, and LEED Platinum. LEED criteria evaluate a building's environmental and energy efficiency performance from a "whole building" perspective, over the course of a building's lifecycle, which provides a definitive standard for what constitutes a green building.
back to top
 
Oregon to Test Mileage Tax as Replacement for Gas Tax (Seattle Times 7/5)
http://seattletimes.nwsource.com/html/localnews/2001972174_mileagetax05m.html

The Oregon Road Use Fee Task Force has spent the past two years developing a system for taxing people for the number of miles they drive. The rationale for such a policy is that, as gas consumption declines with improvements in vehicle fuel-efficiency, the government's funds for highways would decline in tandem. Implementing such a tax policy presents major hurdles in terms of fairness, environmental protection, public and private industry support, and technological feasibility. At the task force's request, Oregon State University researchers have developed technology that can distinguish miles driven in Oregon from those driven elsewhere, then allow a mileage tax to be calculated and paid at the pump in place of the state gas tax. Next year, the researchers' mileage-recording devices are to be installed on 400 private cars in Eugene. Some of the volunteers will become the first people in the country to pay road taxes based not on how much fuel they burn, but on how far they travel. Oregon's gas-tax revenues will gradually level off around 2014. The task force sifted through 27 other options before settling on the mileage tax as a replacement. The other possible revenue sources either were not user fees, had already been claimed by local government, or wouldn't generate enough money. The test run for the program is scheduled to start in February 2005, and end in 2007. To see SERC's Pay-As-You-Drive Auto Insurance policy issues package, visit: http://www.serconline.org/payd/index.html.
back to top
 
Revised California Forest-Thinning Bill Gains Support (Record Searchlight 7/2)
http://www.redding.com/redd/nw_local/article/0,2232,REDD_17533_3007506,00.html

In California, a revised bill to reduce the amount of flammable forest materials, AB 2420, is gaining support from former foes. Some environmental groups, such as the Sierra Club California, that opposed similar bills are registering their support for the new version. The bill would allow private landowners to remove small trees and specified other material without being subject to state review that is normally required in the form of a timber harvest plan. While previously introduced bills lacked a size limit for removable trees, prompting protest from some environmental organizations, this version prevents trees larger than 18 inches in diameter from being cut without a harvest plan. Assemblyman Doug LaMalfa, the author of the bill, said he consulted with representatives of the timber industry, local governments, and environmentalists. He was rewarded with unanimous approval from the state Assembly and the Senate Natural Resources Committee in late June. The bill is currently in the Senate Appropriations Committee. Timber industry groups and businesses that have complained, for years, of the high cost of timber harvest plans are applauding the legislation; the more environmentally-concerned are conceding that the bill is well-crafted, very specific to fire prevention, and could help reduce the number of forest fire disasters in California.
back to top
 
States Filling Administration Leadership Gap on Energy Crisis (Greenwatch 6/22)
http://www.bushgreenwatch.org/print/index.php?i=141

As more states challenge Bush administration air pollution and energy policies over their harmful impacts on human health and environmental protection, advocates for clean energy technologies are finding fertile ground at the state level instead. In the past two years, California and New Mexico have joined the growing ranks of states that offer legislative and financial incentives to develop renewable energy and energy efficiency resources, bringing the national total to 18 states. This fall, voters will be asked to pass a renewable energy standard in Colorado; nascent efforts to pass clean energy laws are gathering steam in Washington and Utah. Montana -- whose residents have been hit with a massive bailout of their gas utility due to Enron-style business practices -- is beginning to eye its own considerable wind energy resources as a way to pull the rug from under fossil fuel market manipulators. Significantly, the human health and environmental benefits of clean energy are slowly being joined by clean energy's other strong selling point: it is cost-competitive with many forms of fossil fuel energy development. Two recent studies by the U.S. Energy Information Administration (EIA) found that America's consumers would save as much as $13 billion between now and 2020, if Congress passed a 10 percent renewable energy standard. For more information on how your state can craft a clean energy policy, visit: http://www.serconline.org/cleanenergy.pdf.
back to top
 
ND: Supporters of Biotech Restrictions Gathering Signatures (Grand Forks Herald 5/2)
http://www.grandforks.com/mld/grandforks/news/state/8574143.htm%20for%20the%20entire%20story

Supporters of a ballot measure that would restrict biotech wheat in North Dakota are gathering petition signatures. They hope to get the signatures of 12,844 eligible North Dakota voters needed to put the proposed measure on the Nov. 2 ballot. They have until Aug. 4 to get the signatures. The measure would give North Dakota's agriculture commissioner the authority to decide if farmers could plant genetically modified wheat. The commissioner would have to convene a fact-finding committee of six independent experts, which would consider if genetically modified wheat could be segregated; if there is a market for the grain; and, what kind of liability issues might exist. The proposed ballot measure is not the first attempt to rein in biotech wheat. For the past several years, lawmakers have floated bills to either ban or restrict the crop's production, but those measures have failed. About half of the wheat grown in the United States is exported and U.S. farmers' largest customers, including Japan and Europe, say they do not want genetically modified wheat. For more information about genetically modified food, visit: http://www.serconline.org/geFood/index.html.
back to top
 
Port of Los Angeles Opens Green Shipping Terminal (ENN 6/22)
http://enn.com/news/2004-06-22/s_25104.asp

As part of a $50 million lawsuit, the Port of Los Angeles recently opened the first green container port in the world. The Alternative Maritime Power (AMP) terminal maintains an electric power grid that will supply power to ships that use the port while they are unloading. Previously, the idling ships burned diesel fuel for days. Port officials claim that the new technology will cut nitrogen oxide emissions by an amount equivalent to 69,000 diesel truck miles. The ports of Long Beach and Los Angeles have long been one of southern California's largest air polluters, producing 4,000 tons of smog-forming air annually. The AMP resulted from a 2001 lawsuit initiated by the Natural Resources Defense Council and Clean Air Coalition on behalf of the city of San Pedro, whose citizens experience some of the nation's highest rates of respiratory illness. In another settlement recently approved by a Los Angeles judge, the city plans on spending $20 million on clean air initiatives at the port, $20 million on community building, and $10 million on other clean air efforts. Although the settlements do not directly address all the issues brought forth in the lawsuit, it appears to be a step in the right direction. For more information on how states are cleaning up ports, visit: http://www.serconline.org/dieselPortPollution.html.
back to top
 
California Assembly Approves Car Labels Revealing Global Warming Gases (Contra Costa Times 5/21)
http://www.contracostatimes.com/mld/cctimes/news/8721413.htm

California AB 2906 would require new cars sold in California to have labels telling potential buyers how much global warming gases the vehicles produce. The bill would require the state Air Resources Board (ARB), by January 1, 2007, to revise a "smog index" decal to include emission figures on gases believed to contribute to global warming. The revised decals would have to be used starting with 2009 models. The ARB is already under orders from legislation passed in 2002 to write regulations by 2005 to "achieve the maximum feasible reduction" in global warming gases. That could be done by requiring smoother-rolling tires, quick-shifting transmissions, and credits for telecommuting, among other things, supporters of the legislation say. Bill sponsor Assemblyman Joe Nation said car buyers should have as much information as possible about a vehicle before they buy it. For more information on greenhouse gas reporting, see http://www.serconline.org/ghg/index.html.
back to top
 
Maryland Revs Up Car Proposal (ENS 7/1)
http://www.ens-newswire.com/ens/jul2004/2004-07-01-09.asp

Cars with traditional gasoline-powered internal combustion engines can be made more than 90 percent cleaner with about $300 worth of better components. A report recently released by MaryPIRG documents the air pollution risks facing the state of Maryland, and discusses how the pollution could be curtailed if cleaner cars and trucks were on the road. Maryland has 14 times more benzene and 15 times more formaldehyde than standards allow; it has the third highest cancer risk in the country for breathing benzene and the fifth highest for formaldehyde. The new report, "Ready to Roll: The Benefits of Today's Advanced Technology Vehicles for Maryland," documents new vehicle technology available today and currently under development. According to the report, cars with traditional gasoline-powered internal combustion engines can be made more than 90 percent cleaner with about $300 worth of better components, while hybrids are already available on the market. Additionally, Maryland State Senator Sharon Grosfeld intends to introduce the "Clean Cars Act" next session which would mandate six percent of new car sales in the state to be clean conventional vehicles. Eight other states have vehicle emission standards that are stronger than the federal standards Maryland now uses. Massachusetts, Vermont, New York, Maine, and California have had clean car standards on the books for years, while New Jersey, Connecticut, and Rhode Island moved to adopt the standards within the past year. To view the report, visit: http://marypirg.org/MD.asp?id2=13737&id3=MD&.
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]