Home > Wildlines Archives > Wildlines, Volume III, Number 34
Volume III, Number 34
August 23, 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:
 
 
 
 
 
 
 
 
Tracking Environmental Problems and Progress
New York Wants Emergency Measures to Combat Acid Rain Effects
Efforts to Kill Bottle Bills
 
Iowa Forest Exemptions Raise Questions
New Mexico, Texas Governors Pledge to Resolve Conflicts over Compacts
PA Introduces Resolution Against Logging Roads in AK Tongass
California Bill Would Cap Port Pollution Levels
Wisconsin Utilities May Use More Renewable Energy
"Upset" Air Pollution Episodes Poison Communities in 29 States
GA Governor Seeks New Ways to Protect State's Green Space
Delaware Cities Pursue Renewable Energy
Tracking Environmental Problems and Progress

In the face of competing economic and political interests, environmental oversight can be difficult to enact, fund, and enforce. Public health and natural lands are often damaged when advocates shift focus to another issue. Tracking and monitoring specific environmental state issues is one tool to provide comprehensive oversight. With its focus on fact gathering, this form of legislation can shine a spotlight not only on problems, but also on solutions. States can play a proactive role by enacting legislation that will improve the state's oversight on many complex environmental issues. Examples of this type of legislation include mandatory water withdrawal reporting, citizen monitoring, and biomonitoring. For more information on what states have done to track environmental problems, visit: http://www.serconline.org/TrackingEnvironmentalProblemsState.html.
back to top
 
New York Wants Emergency Measures to Combat Acid Rain Effects (Newsday 8/17)
http://www.newsday.com/news/local/wire/ny-bc-ny--acidrain0817aug17,0,3047048.story?coll=ny-ap-regional-wire

New York Environmental Conservation Commissioner Erin Crotty recently announced that the state is ordering emergency regulations in an effort to force power plants to reduce emissions that contribute to acid rain in the state's environmentally sensitive regions. In addition, Crotty announced the state's appeal of a spring decision by a state Supreme Court judge that barred the state from adopting similar regulations. The court previously dismissed the state's case due to a missed deadline, but upheld the state's right to impose strict emission restrictions. Emissions reductions are targeted at power plants that are thought to contribute to acid rain in the Adirondacks and Catskills. Today, officials are determined to get new regulations passed to reduce ecosystem deterioration and pollution in some of the state's most beautiful natural areas. "New York state is fully committed to achieving the objectives of Governor Pataki's Acid Rain Initiative which will result in a significant decrease of harmful acid rain pollutants," Crotty said. "Any delay in implementing these critical regulations will result in more than 40,000 tons of sulfur dioxide and nitrogen oxide being pumped into New York's air. According to a 2002 state-sponsored study, about 76,200 tons of nitrogen oxide and 232,000 tons of sulfur dioxide are emitted annually from the state's power plants. "These regulations are critical in order to further protect public health and New York's precious natural resources," Crotty said. The emergency regulations imposed by the state, which are allowed when there is a perceived threat to public health, are valid for a 90-day period. That period will likely be extended as the state repeats the normal rule-making process aimed at satisfying the court's concerns, which could take more than a year. For more information on power plant emissions and their detrimental effect on our health and natural resources, visit: http://www.serconline.org/cleanenergy.html.
back to top
 

Efforts to Kill Bottle Bills

Although no state bottle bill has ever been repealed, the beverage industry's well-funded campaigns have been extremely successful in stopping new bottle bills or the expansion of existing ones. Hawaii recently became the first state in 20 years to pass a bottle bill -- in large part, because, during that time, industry opponents have spent tens of millions on anti-bottle bill propaganda, outspending proponents by as much as 30 to 1. Hawaii's program, although not yet implemented, is already under attack from the business community. Oregon's bottle bill -- the three-decade-old law that spurred the introduction of several similar bottle bills across the country -- came very close to being undermined by lobbyists advocating the agendas of beer and wine distributors. Their weapon was HB 3637, a measure that would have permitted the practice of sending recyclable bottles to landfills in the absence of an economic incentive to recycle them. In Connecticut, a coalition of businesses, environmentalists, labor leaders, and charitable organizations continues to block attacks on the state's 26-year-old bottle bill. In 2001, the Grocery Association spent thousands to kill Iowa's bottle bill, claiming that returning a beverage container to a grocery store was a threat to public health -- an argument that was quickly refuted by the state's department of public health. Another argument commonly used is that return-deposit systems should be dumped in favor of government-managed curbside recycling programs. Industry prefers curbside recycling because it places responsibility for recycling beverage containers -- and the cost -- out of their hands and into the hands of taxpayers. However, in states without bottle bills, curbside recycling, drop-off, and buyback programs together recover only 191 beverage containers per person per year, compared to 490 containers per person per year in deposit-return states. The ideal system is a deposit system for beverage containers, complemented by curbside and drop-off systems for other products, including food containers, newspapers, cardboard, mixed paper, and yard waste. Bottle bills continue to be threatened by lobbyists representing beverage distributors, grocery/retail associations, and other well-financed special interest groups. Fortunately, however, their recent efforts have been largely unsuccessful. For more information on bottle bills, visit:
http://www.serconline.org/bottlebill/index.html.

back to top
 
Iowa Forest Exemptions Raise Questions (Des Moines Register 8/17)
http://desmoinesregister.com/apps/pbcs.dll/article?AID=/20040817/NEWS08/408170362/1001/
NEWS&lead=1

Iowa landowners have managed to avoid taxes on nearly $200 million in property under a little-known law that lets them classify the land as a forest reserve. The owners range from Iowans with large back yards to millionaire developers with expansion plans. The exemptions mean an estimated $4.6 million in tax breaks each year. Critics say the 98-year-old law -- designed to prevent soil erosion and protect wildlife -- shifts the tax burden to neighboring property owners and strangles an important revenue source for governments and schools. "If they don't want to pay taxes, then maybe they don't need to buy so much land and sit on it waiting for the big profit," Des Moines City Councilman Archie Brooks said. "If they want to speculate, then they should pay the bill just like everyone else." Iowa, Delaware, and Alaska are the only states that offer complete tax exemption for land classified as a forest. The exemption is claimed on only about half of the Iowa acres that are eligible. All other states offer some form of partial tax breaks to private forest owners, according to the Journal of Forestry. Elected officials across the state agree the exemption diminishes Iowa's tax base. Their cries have caught the attention of some state lawmakers, who plan to target the exemption and nearly 30 others in next year's legislative session. "We desperately need a tax overhaul," said state Rep. Jim Kurtenbach. "Our current tax policy is not tied to our environmental policies or our economic development policies." A report last year by the Iowa Department of Natural Resources suggests that state leaders revise the requirements to qualify for forest exemptions. Trees planted to meet the specifications should grow for at least two years and the parcel should be a minimum of five acres, natural resources officials recommended. John Walkowiak, bureau chief for the department's forestry division, fears that state leaders will eliminate the exemption altogether. The result would be more urban sprawl and air and water pollution, he predicts. About 92 percent of Iowa's 2.7 million acres of forests are privately owned, Walkowiak said. Less than 25 percent of the acres are exempt from taxes. "I think we need to take a look at where there are loopholes, but I'm afraid the few might outweigh the 99.9 percent that use it correctly," Walkowiak said.
back to top
 
New Mexico, Texas Governors Pledge to Resolve Conflicts over Compacts (Land Letter 8/19)
http://www.eenews.net/Landletter/Backissues/081904/081904ll.htm#1

At a meeting of governors from U.S. and Mexican border states held last week, New Mexico Gov. Bill Richardson and Texas Gov. Rick Perry announced that they will try to negotiate a solution to a long-standing conflict between their states over water deliveries. For decades, tensions between the two neighboring states have escalated as New Mexico has struggled to meet its water delivery obligations under compacts governing the Pecos River and Rio Grande. The Rio Grande Compact, signed by Colorado, New Mexico, and Texas in 1938, and the Pecos River Compact, adopted 10 years later by New Mexico and Texas, divvied up the water from the two rivers among the states. As an upstream state, New Mexico is required to ensure that enough water flows to Texas to meet compact requirements. Under the agreements, New Mexico essentially can use no more water from the rivers than it did at the time the compacts were negotiated, with Texas getting what is left over. The problem, water experts say, is that New Mexico and Texas have undergone tremendous growth and change since the compacts were adopted. While both New Mexico and west Texas were largely agricultural during the early to mid-20th century, increasing demand from growing cities along the rivers, including Albuquerque and Carlsbad in New Mexico and El Paso and Juarez in Texas, put new strains on the compacts. At the same time, drought has cut flows in both rivers. Furthermore, pueblo water rights were not factored in when water was allocated under the compacts. Another issue complicating the matter involves providing water habitat for endangered species.
back to top
 
PA Introduces Resolution Against Logging Roads in AK Tongass (NCEL 8/19)
http://ncel.net/index.cgim

Environmentalists and fiscally-conservative Republican Congressmen find themselves on the same side in opposing funds for new logging roads in Alaska's Tongass National Forest. In December 2003, the Bush administration exempted thousands of acres of undisturbed rain forest that was included in a Clinton-era roadless rule. Environmentalists and taxpayer advocates say the Forest Service is subsidizing the logging industry at a cost to the federal government. In June, the U.S. House of Representatives passed an amendment that would bar federal funding for new logging roads in the Tongass. The Senate has yet to act. In Pennsylvania, a resolution has been introduced urging the suspension, for one year, of federal dollars to subsidize the building of new logging roads in the Tongass. HR 832 points out that the market for lumber from the Tongass is so limited that Congress has earmarked $5 million just to encourage timber sales. The Keystone State resolution also says Taxpayers for Common Sense has estimated that the Tongass timber program loses $30 million a year due to uncompetitive bidding practices and vastly undervalued timber sales.
back to top
 
California Bill Would Cap Port Pollution Levels (Los Angeles Times 8/18)
http://www.latimes.com/news/local/la-me-port18aug18,1,6396026.story?coll=la-headlines-california

A California bill that would cap pollution levels at the ports of Los Angeles and Long Beach is drawing criticism from business and oil interests, but praise from environmentalists and local residents. The bill, AB 2042, would not dictate how the ports control pollution but would require that emissions not exceed 2004 levels, even though both ports have plans to expand their operations. There has been increasing concern over port pollution, in particular the harmful effects of diesel pollution. According to a March 2004 report by the Natural Resources Defense Council and the Coalition for Clean Air, U.S. seaports are the nation's largest and most unregulated polluters. Diesel-burning trucks converge at ports to load and unload shipments from diesel-burning ships, and often have to wait there with their engines idling. The busy ports at Long Beach and Los Angeles, taken together, emit more pollution that the region's top 300 emitting industrial plants and refineries. Most major U.S. ports, including Los Angeles, Oakland, Long Beach, New York, New Jersey, and Houston, violate federal safety standards for ozone and particulate matter. Experts blame diesel fumes for 71% of the cancer risk associated with air pollution in the Los Angeles region, and a 1999 study by the South Coast Air Quality Management District found the lifetime cancer risk from air pollution in the port area to be higher than 2,000 cases per million people. California's State Air Resources Board classified diesel exhaust as a known carcinogen in 1990 and as a toxic air contaminant in 1998, and the state's busy ports at Los Angeles, Long Beach, and Oakland have begun measures to combat diesel emission effects. State legislation passed in 2002 imposes fines on diesel-burning trucks that idle for longer than 30 minutes at ports, but this new bill would take state measures against port pollution to a higher level. The California Chamber of Commerce, Department of Transportation, and Department of Finance all oppose the bill, saying it will be detrimental to jobs and economic development. For more information on the harmful effects of diesel pollution in our nation's ports, and state action to combat it, visit: http://www.serconline.org/dieselPortPollution.html.
back to top
 
Wisconsin Utilities May Use More Renewable Energy (Leader Telegram 8/16)
http://www.leadertelegram.com/story.asp?id=45374

Wisconsin utilities probably can meet an anticipated goal of having 10 percent of the state's electricity from renewable energy by 2015, according to the Governor's Task Force on Energy Efficiency and Renewables. The 25-member task force consists of utility representatives, business leaders, environmentalists, and legislators. The group recommended that utilities statewide generate 10 percent of the state's electricity from renewable energy by 2015, and all utilities increase their use of renewables by 6 percent over that same time frame. About 4 percent of the electricity in the state is now generated from renewable sources. The task force also recommends that state agencies use 20 percent renewable energy by 2015 to help stimulate the demand and that the state's building codes be improved to make them more energy efficient. For more on how your state can promote renewable energy sources, visit: http://www.serconline.org/RPS/pkg_frameset.html.
back to top
 
"Upset" Air Pollution Episodes Poison Communities in 29 States (ENS 8/19; EIP Press Release 8/18)
http://www.ens-newswire.com/ens/aug2004/2004-08-19-03.asp
http://www.environmentalintegrity.org/pubs/081804_EIP_upsets_national_release_FINAL6.doc

In 29 states, industrial facilities are getting away with accidental, unplanned air pollution releases, known as "upset" episodes, according to a fresh analysis of government data by the Environmental Integrity Project (EIP) released last week. The U.S. Environmental Protection Agency (EPA) is not acting to close the state loopholes that allow the "upset" air pollution episodes, even when they expose millions of Americans to benzene, butadiene, and other cancer-causing chemicals, EIP found. The 29 states with loopholes for "upset" episodes identified in the EIP report are: Alabama, Alaska, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, North Dakota, Nevada, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Rhode Island, Texas, Utah, Virginia, Washington, West Virginia, and Wisconsin. The loopholes in some of these states are larger than in others, the EIP study found, and many states fail to keep track of or include "upset" air emissions in state inventories. The report also found that annual "upset" emissions can actually exceed the total annual emissions a company reports to a state and that "upset" emissions are largely avoidable. To view the report, visit: http://www.environmentalintegrity.org/pub237.cfm.
back to top
 
GA Governor Seeks New Ways to Protect State's Green Space (Atlanta Journal-Constitution 8/17)
http://www.ajc.com/metro/content/metro/0804/15land.html

Georgia Gov. Sonny Perdue, considering recommendations from a land conservation advisory panel, has indicated that the state may need to provide more incentives for private landowners to retain green space rather than increasing the amount of state-owned and managed land. Measures to increase private landowner stewardship will likely include more generous tax benefits to landowners to keep their land in trust and refuse to build large developments on open space. The panel recommends the creation of a state authority to monitor green space purchases, tax credits, and conservation easements to protect rivers and critical wildlife ownership by purchasing land for preservation and then reselling it into private ownership. Other recommendations include prioritizing land that is rich in biodiversity, culturally or historically valuable, diverse in its uses, and which filters pollution in the air and water. Under the panel's recommendations, cities and counties would be able to compete for state money to purchase and preserve green space. The state may also consider altering its property tax laws to value land based on its use rather than on its market value. The panel did not issue final recommendations on how to pay for the projects, but suggests that other states have been able to raise money through cigarette and gas taxes. For more information on green space incentives and conservation easements, visit: http://www.serconline.org/conservationfunding/index.html.
back to top
 
Delaware Cities Pursue Renewable Energy (News Journal 8/18)
http://www.delawareonline.com/newsjournal/business/2004/08/18delcitiespursue.html

Nine Delaware cities are trying to buy 20 megawatts of green power, enough electricity for about 20,000 homes. The cities, which make up the Delaware Municipal Electric Corp., have asked power companies to tell them how much it would cost to provide that much electricity from renewable sources such as wind, solar power, or tidal-powered turbines. Green power experts said the request is unusual because there is no mandate forcing cities to buy renewable electricity. Most power companies wait until state law forces them to buy green power before taking such steps, said John Byrne, director of the Center for Energy and Environmental Policy at the University of Delaware. "This is quite exceptional," Byrne said. "I think they are to be commended." Corporation president Patrick E. McCullar said the cities hope to accomplish several goals if their request is realized, including spurring development of clean power generation in Delaware and helping Dover Air Force Base get some of its electricity from renewable sources. A federal program aims to increase the use of renewable energy sources at military bases. The city of Dover supplies electricity to the Dover base. The corporation also is responding to an effort by state lawmakers to require Delaware utilities to buy a small percentage of their power from renewable sources. That effort died at the end of the General Assembly session this summer when the House failed to take up the matter for a vote. The bill is expected to be debated when the General Assembly reconvenes in January. A study earlier this year by the federally-funded National Renewable Energy Laboratory found that green power makes up less than 1 percent of the total electricity generated in the United States, and costs residential users 2 cents to 3 cents more a kilowatt hour, or about $5 extra a month. The study found that, as long as the additional cost of green power is kept at such a relatively low level, consumers are willing to pay for cleaner electricity. For more on how your state can clean up its power act, visit: http://www.serconline.org/cleanenergy.html.
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]