As summer beckons, NJ lawmakers take up enviro bills

New Jersey Assembly in voting session – FOXNews photo


In two final weeks of heavy voting before adopting a state budget and heading off for 

summer vacation, New Jersey state lawmakers will consider close to three dozen
energy and environmental bills.



Here’s the lineup (at the moment and always subject to change):

SENATE BUDGET AND APPROPRIATIONS
Thursday, June 20, 2013  – 9:30 AM
Committee Room 4, 1st Floor, State House Annex, Trenton, NJ
S-2716  Lesniak, R.J. (D-20)
Extends moratorium on the imposition of Statewide
non-residential development fees until 2018; establishes the “New Jersey
Residential Foreclosure Transformation Act.”
Related Bill: A-4251
    
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ASSEMBLY VOTING SESSION
Thursday, June 20, 2013 – 1 PM
Assembly Chambers
A-928  Riley, C.M. (D-3)
Revises penalty for destruction of, or damage to,
trees, saplings, shrubs or other plants; repeals current law thereon.
   
A-936  Riley, C.M. (D-3); Moriarty, P.D. (D-4)
Requires certain notifications, and provides for
guaranteed NJ Spill Compensation Fund coverage, upon sale of property where
private well is treated by point of entry water treatment system.
Related Bill: S-576
      
A-1312  Greenwald, L.D. (D-6); Lampitt, P.R. (D-6)
Requires report and public hearing prior to DEP
recommendation of site for inclusion on Superfund list.
      
A-1383  Chivukula, U.J. (D-17)
Expands State’s energy efficiency and renewable energy
requirements. 
Related Bill: S-2700
      
A-1851  Diegnan, P.J. (D-18); Bramnick, J.M. (R-21)
Pertains to certain review and approval
responsibilities of land surveyors.
      
A-2753  Benson, D.R. (D-14); DeAngelo, W.P. (D-14);
Jasey, M.M. (D-27)
Requires certain energy tax receipts to be paid
directly to municipalities.
Related Bill: S-1923
     
A-3367  Spencer, L.G. (D-29)
Requires owner or operator of industrial establishment
applying for de minimis exemption from “Industrial Site Recovery Act”
to certify as to no actual knowledge of contamination exceeding remediation
standards.
     
A-3449  Kean, S.T. (R-30); Wisniewski, J.S. (D-19)
Exempts sales of county property from certain
requirements under certain circumstances.
Related Bill: S-2780
     Jun 20, 2013  – Posted: Assembly
A-4113  Andrzejczak, B. (D-1); Singleton, T. (D-7);
Benson, D.R. (D-14) ;
Appropriates $1,393,084 from 2009 Historic Preservation
Fund to provide historic site management grants for certain historic
preservation projects.
Related Bill: S-2788
      
AR-135  Riley, C.M. (D-3)
Urges State and businesses to facilitate and encourage
recycling of plastic products.
      
AR-167  Burzichelli, J.J. (D-3)
Supports development and use of biofuels for greater
national security, a stronger economy, and a better environment.
Related Bill: SR-106

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SENATE VOTING SESSION
Thursday, June 20, 2013 – 12:30 PM
Senate Chambers
A-936  Riley, C.M. (D-3); Moriarty, P.D. (D-4)
Requires certain notifications, and provides for
guaranteed NJ Spill Compensation Fund coverage, upon sale of property where
private well is treated by point of entry water treatment system.
Related Bill: S-576
      
A-3615  Coutinho, A. (D-29); Bucco, A.M. (R-25);
Munoz, N.F. (R-21)
Codifies protections set forth in certain case law and
limits use of eminent domain under the “Local Redevelopment and Housing
Law.”
Related Bill: S-2447
     
S-576  Madden, F.H. (D-4)
Requires certain notifications, and provides for
guaranteed NJ Spill Compensation Fund coverage, upon sale of property where
private well is treated by point of entry water treatment system.
Related Bill: A-936
    
S-2447  Van Drew, J. (D-1); Rice, R.L. (D-28)
Codifies protections set forth in certain case law and
limits use of eminent domain under the “Local Redevelopment and Housing
Law.”
Related Bill: A-3615
   
S-2861  Smith, B. (D-17); Bucco, A.M. (R-25)
Concerns closure of, and other activities at, certain
landfills.
Related Bill: A-4238
     
SCR-138  Smith, B. (D-17); Bateman, C. (R-16); Whelan,
J. (D-2)
Amends Constitution to dedicate, for 30 years, 1/5 of a
cent for each dollar subject to sales tax for preservation of open space,
including flood prone areas and lands that protect water supplies, farmland,
and historic properties.
Related Bill: ACR-179
     
SR-106  Sweeney, S.M. (D-3)
Supports development and use of biofuels for greater
national security, a stronger economy, and a better environment.
Related Bill: AR-167
   

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——————————————————————————————————————————— 


ASSEMBLY VOTING SESSION
Monday, June 24, 2013 – 1:00 PM
Assembly Chambers
 
A-932  Riley, C.M. (D-3); Chivukula, U.J. (D-17)
Concerns permits, letters of exemption, and enforcement
with regard to agricultural activities under “Freshwater Wetlands
Protection Act”.
Related Bill: S-2837
    
A-2837  McKeon, J.F. (D-27)
Establishes forest stewardship program for State-owned
lands.
Related Bill: S-1085
      
A-3334  Chivukula, U.J. (D-17); Benson, D.R. (D-14);
Wimberly, B.E. (D-35)
Requires BPU to conduct study on how electric chiller
equipment and natural gas cooling 
equipment would increase energy efficiency in
commercial buildings.
      
A-3475  Barnes III, P.J. (D-18); DeAngelo, W.P.
(D-14); Eustace, T.J. (D-38) 
“Disaster Information Access Act”; requires
utility service providers to report severe weather and emergency related
service interruptions; directs utility service providers and State Office of
Emergency Management to present reported information online
      
A-4082  Chivukula, U.J. (D-17); Caride, M. (D-36);
Eustace, T.J. (D-38)
“Government Energy Reliability and Savings
Public-Private Partnership Act.”
     
A-4149  Burzichelli, J.J. (D-3); Dancer, R.S. (R-12);
Amodeo, J.F. (R-2)
Authorizes New Jersey Racing Commission to grant
special permit for horse racing on beach.
    
A-4183  Eustace, T.J. (D-38); Albano, N.T. (D-1);
Singleton, T. (D-7); Diegnan, P.J. (D-18)
Appropriates funds to DEP for environmental
infrastructure projects for FY2014.
Related Bill: S-2817
      
A-4184  Andrzejczak, B. (D-1); Wagner, C. (D-38);
Conaway, H. (D-7); Barnes III, P.J. (D-18)
Authorizes NJ Environmental Infrastructure Trust to
expend certain sums to make loans for environmental infrastructure projects for
FY2014.
Related Bill: S-2816
     
A-4185  Ramos Jr., R.J. (D-33); McKeon, J.F. (D-27);
Burzichelli, J.J. (D-3) 
Makes certain changes to NJ Environmental
Infrastructure Trust Financing Program.
Related Bill: S-2815
      
A-4232  Fuentes, A. (D-5)
Permits county utilities authorities to fund certain
local infrastructure.
Related Bill: S-2844
      
A-4238  Carroll, M.P. (R-25)
Concerns closure of, and other activities at, certain
landfills.
Related Bill: S-2861
      
ACR-195  Spencer, L.G. (D-29); Jasey, M.M. (D-27);
Riley, C.M. (D-3) 
Approves FY 2014 Financial Plan of NJ Environmental
Infrastructure Trust.
Related Bill: SCR-152
     Jun 24, 2013  – Posted: Assembly
 S-1085  Smith, B. (D-17); Norcross, D. (D-5)
Establishes forest harvest program on State-owned land.
Related Bill: A-2837

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As summer beckons, NJ lawmakers take up enviro bills Read More »

Flamethrower Josh Fox is back with Gasland II


According to the Allegheny Front:

In 2010, almost no one in America had heard of the term "fracking".
Then, Josh Fox came along.

For many who saw Fox’s debut film, Gasland, it was the first they’d ever heard of fracking. And it wasn’t a very good impression. The movie charged oil and gas companies with polluting air and water, then avoiding public scrutiny by coopting the political process.

The first Gasland garnered Fox an Oscar nomination, and galvanized the anti-fracking movement. Not bad for a debut film.

Now Fox is back, and he’s looking for more evidence of environmental harm from fracking.

Tom Wilber is a journalist whose written a book about fracking and maintains a blog called the Shale Gas Review. How was the second Gasland?

“It was one-sided, didactic, there were errors of omission, and will be polarizing,” Wilber said.

Polarizing? How so? See the full story at: Gasland II Stokes the Flames of Fracking Debate
Or, click for an audio version of the Allegheny Front story Have you seen either of Josh Fox’s films?  Care to give us your review? Use the comment box below. If one is not visible, activate it by clicking on the tiny ‘comments’ line.  ————————————————————————————————————————————-
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Flamethrower Josh Fox is back with Gasland II Read More »

NJ energy and environment bills is committee today

The New Jersey Senate’s Environment and Energy Committee meets at 10 a.m.
today in Trenton to consider six pieces of legislation that:

  • Clarify that certain types of sewage and sewage sludge do not constitute hazardous substances under "Spill Compensation and Control Act."                   (S-2094/Ruiz)
  • Prohibit contribution action against local unit for cleanup and removal costs
    or any other damages associated with discharge of hazardous substance         (S-2322/Scutari)
  • Establish an alternative energy portfolio standard and certificate program and provide financial incentives for certain standby generation (S-2651 Smith)
  • Create the Office of Clean Energy (S-2733 Smith)
  • Set requirements for the closure of legacy landfills (S-2861 Smith)
  • Support the development and use of biofuel for greater national security, a stronger economy, and a better environment (SR-106 Sweeney)
 
 
 
 
 
 
Listen via the Internet to the meeting
live or after its completion 

 
 

For thorough coverage of environmental news, issues, legislation and regulation in NJ, PA, NY & DE, try a
FREE subscription to EnviroPolitics. Our daily newsletter also tracks NJ & PA environment and energy bills–from introduction to enactment


Our most recent posts: 

Can your business equipment rope you into Superfund?
NJ to ante up $30M to rebuild water infrastructure 
NJDEP in $130M partial settlement of Passaic River suit 
War, Defense, LSRPs and Hurricane Sandy 
New Jersey’s #2 largest employer? Can you guess? 

NJ energy and environment bills is committee today Read More »

Can your business equipment rope you into Superfund?


You are a businessperson who sends used or broken equipment to another business for repair or resale. If that equipment contains hazardous materials (as many do) and the business to which you send it later is designated as a Superfund site, are you on the hook for cleanup costs? 

The answer, you may not be surprised to learn is: it depends.

Gibbons environmental attorneys David J. Freeman and Harry H. Clayton have studied the U.S. Supreme Court’s decision in Burlington Northern & Santa Fe Railway Company v. United States, on "arranger liability" under the federal Superfund statute.

They also have  reviewed three subsequent decisions by the U.S. District Court for the Eastern District of North Carolina and discuss them all in an article published by the Bloomberg BNA Daily Environment Report.

You’ll find their article here:
District Court Decisions Provide Further Guidance on Scope of ‘Arranger’ Liability

———————————————————————————————————————————-For thorough coverage of environmental news, issues, legislation and regulation in NJ, PA, NY & DE, try a FREE subscription to EnviroPolitics. Our daily newsletter also tracks NJ & PA environment and energy bills–from introduction to enactment
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Our most recent posts: 
NJ to ante up $30M to rebuild water infrastructure
NJDEP in $130M partial settlement of Passaic River suit 
War, Defense, LSRPs and Hurricane Sandy 
New Jersey’s #2 largest employer? Can you guess? 
Cleanup site owner: Does your LSRP have your back? 

Can your business equipment rope you into Superfund? Read More »

NJ to ante up $30M to rebuild water infrastructure

Repairs were ongoing at the Passaic Valley Sewerage Commission’s
plant following Hurricane Sandy. (Photo: John Munson-The Star-Ledger)

Hurricane Sandy damaged more than 100 wastewater and water treatment facilities in New Jersey, leaving the state with an unexpected $2.6 billion bill to repair, rebuild, and make the systems more resilient.

Some of the state’s biggest sewage treatment plants were completely flooded during Sandy, causing hundreds of millions of gallons of raw sewage to spill into waterways.

NJ Spotlight reports today that  the state is planning to kick in $30 million in clean energy funds to help make the state’s wastewater and water treatment plants more resilient in case of extreme storms like Sandy.

Under the plan being developed by the state’s Clean Energy Office, the $30 million would provide a required state match to anticipated federal funding. The money would be used to finance energy efficiency and combined heat and power (CHP) plants at the facilities.

In Sandy’s aftermath, the Christie administration is pushing plans to build CHP plants at critical facilities, such as sewage and water treatment plants and hospitals and nursing homes to prevent power outages caused by extreme weather.

New Jersey officials say they expect to receive about 40 percent of the $570 million Congress approved to deal with problems caused by Sandy. If so, state officials have said it could provide up to $3 billion in improvements to the water treatment facilities.

———————————————————————————————————————————-For thorough coverage of environmental news, issues, legislation and regulation in NJ, PA, NY & DE, try a FREE subscription to EnviroPolitics. Our daily newsletter also tracks NJ & PA environment and energy bills–from introduction to enactment
——————————————————————————————————————————— Meanwhile, Legislators also are moving forward with a separate proposal to create a three-year program that could furnish up to $5 billion to help make repairs to water infrastructure.

The bill, voted out by committees in both the Assembly and Senate earlier this spring, would funnel so-called bridge loans to local governments and institutions enabling them to get a jump on the needed work, Here again, the expectation is that the loans would be repaid with federal dollars.

See full story: State Plans to Ante Up $30 Million to Rebuild NJ Water Infrastructure

Related environmental news stories:
Funding Mechanism Could Speed Rebuilding of NJ’s Water Infrastructure 
City of Hoboken, NJ » Mayor Zimmer Announces Infrastructure Initiatives
After Super Storm Sandy, Ortley Beach’s Water System Revived
The Shaky State of New Jersey’s Infrastructure | New Jersey Future
Hurricane Sandy leaves state with $2.6B tab for water infrastructure

Our most recent posts:
NJDEP in $130M partial settlement of Passaic River suit
War, Defense, LSRPs and Hurricane Sandy
New Jersey’s #2 largest employer? Can you guess?
Cleanup site owner: Does your LSRP have your back?
Opponents pack hearing on fracking in Pa state forest

NJ to ante up $30M to rebuild water infrastructure Read More »

NJDEP in $130M partial settlement of Passaic River suit

The New Jersey Attorney General’s office and the Department of Environmental Protection today announced that several principal defendants in the Passaic River litigation have agreed to pay the state $130 million to resolve a portion of the state’s claims related to contamination of the Passaic River.


The settling defendants are Spain-based oil and gas conglomerate Repsol, S.A, Argentina-based energy conglomerate YPF, S.A., YPF Holdings, Inc. and YPF International, as well as CLH Holdings, Inc., Maxus Energy Corporation, Maxus International Energy Company and Tierra Solutions, Inc.

———————————————————————————————————————————-For thorough coverage of environmental news, issues, legislation and regulation in NJ, PA, NY & DE, try a FREE subscription to EnviroPolitics. Our daily newsletter also tracks NJ & PA environment and energy bills–from introduction to enactment
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The agreement follows a recently-announced $35.4 million proposed settlement with 258 third-party defendants.

New Jersey now going after on Occidental

The state now plans to focus on its claims against the principal defendant, Occidental Chemical Corporation (OCC), the legal successor to Diamond Shamrock, for the bulk

of its damage claims and future costs.

The Attorney General said that the state also will  pursue OCC for damages resulting from the intentional discharge of Agent Orange, dioxins and other hazardous substances by the former Diamond Shamrock plant. These costs and damages, the Attorney General said, are separate from, and in addition to, the $130 Million received from the settling defendants.

In previous litigation, NJ’s Appellate Division determined that Diamond Shamrock intentionally dumped hazardous pollutants into the Passaic River for decades.

[See: A sick river, from those who brought you Agent Orange]

Under terms of the agreement announced today, the settling defendants’ total exposure to all claims for Passaic River cleanup and removal costs and damages could go as high as $530 million, subject to certain conditions and exceptions.

NY/NJ Baykeeper Debbie Mans said her organization "appreciates the State of New Jersey’s vigilance on holding accountable the polluters of the Passaic River." She urged that money received from the settling parties be used to repair the harm done to the river and not be re-directed to the state’s general fund. 

The Sierra Club’s Jeff Tittel, an unwavering critic of the Administration of Gov. Chris Christie, called the settlement a "giveaway to polluters," claiming that the size of the settlement would be insufficient for the cleanup. 

He said the Sierra Club also is concerned that the state "will not go after these companies for natural resource damages since it is not part of the settlement. "

"The Natural Resource Damages alone should be over a billion dollars along with the cost of the clean is at least two billion, " Tittel said.

Related environmental news:
Today’s announcement by the NJ Attorney General and the DEP
Follow NPR down New Jersey’s tragic Passaic River

NJDEP in $130M partial settlement of Passaic River suit Read More »