Environmental legislation up for votes in Trenton today

Thirteen environmental and energy bills will be considered in Trenton today
in two Senate and two Assembly committees. Here’s the lineup:
SENATE ENVIRONMENT AND ENERGY
10/14/10 10:00 AM
Committee Room 10, 3rd Floor, State House Annex, Trenton, NJ
S-1949  Sweeney, S.M. (D-3); Kean, T.H. (R-21)
Provides energy and utility service sales tax relief benefit to certain manufacturers throughout the State. Related Bill: A-2767
    
S-2108  Smith, B. (D-17); Bateman, C. (R-16)
Increases Spill Compensation and Control Act cap on liability.
Related Bill: A-3124
  
S-2275  Smith, B. (D-17); Bateman, C. (R-16)
Directs DOT to study stormwater basins in Barnegat Bay watershed.
S-2341  Smith, B. (D-17)
Requires DEP to adopt total maximum daily loads for Barnegat Bay.
      
SENATE ECONOMIC GROWTH
10/14/10 10:30 AM
Committee Room 1, 1st Floor, State House Annex, Trenton, NJ
A-2305  Milam, M.W. (D-1); Albano, N.T. (D-1); Riley, C.M. (D-3); Wilson, G.L. (D-5)
Expands “Jersey Fresh” program to include “Made With Jersey Fresh” designation of certain
baked goods and other food products.
      
A-2854  McKeon, J.F. (D-27); Burzichelli, J.J. (D-3); Quijano, A. (D-20)
Establishes “Jersey Fresh Farm to School Week.”
Related Bill: S-2125
      
S-2125  Whelan, J. (D-2)
Establishes “Jersey Fresh Farm to School Week.”
Related Bill: A-2854
      
ASSEMBLY AGRICULTURE AND NATURAL RESOURCES
10/14/10 02:00 PM
Committee Room 8, 3rd Floor, State House Annex, Trenton, NJ
A-2664  Riley, C.M. (D-3)
Revises penalty for destruction of, or damage to, trees, saplings, shrubs or other plants; repeals current law thereon.
      
A-2665  Riley, C.M. (D-3)
Clarifies law concerning labeling of farm products; increases penalties for violations and false labeling and identification of “Jersey Fresh” and Department of Agriculture designated brands; repeals R.S.4:10-15.
      
A-2925  Riley, C.M. (D-3)
Concerns “Freshwater Wetlands Protection Act” general permit for expansion of cranberry bogs in pinelands area.
    

ASSEMBLY ENVIRONMENT AND SOLID WASTE
10/14/10 02:00 PM
Committee Room 9, 3rd Floor, State House Annex, Trenton, NJ
The committee will hear from the Commissioner of Environmental Protection and other invited guests regarding the recently issued Request for Proposals seeking private contractors to handle certain land use permits.
A-868  Milam, M.W. (D-1); Albano, N.T. (D-1); Quijano, A. (D-20)
Allows construction of wind dependent energy facilities within 500 feet of mean high water line
of tidal waters under certain circumstances.
Related Bill: S-266
      
A-2942  McKeon, J.F. (D-27); Gusciora, R. (D-15)
Allows construction of wind dependent energy facilities within 500 feet of mean high water line
of tidal waters under certain circumstances.
Related Bill: S-212
       
A-3167  Coughlin, C.J. (D-19)
Authorizes zero-interest loans to local governments for certain brownfield remediations.
Related Bill: S-2278
      
S-212  Whelan, J. (D-2)
Allows construction of wind dependent energy facilities within 500 feet of mean high water line of tidal waters under certain circumstances.
     Oct 14, 2010  Posted: Assembly Environment and Solid Waste
S-1955  Smith, B. (D-17); Pennacchio, J. (R-26)
Eliminates dock fees and establishes penalty for boat permit violations on Greenwood Lake.
Related Bill: A-2973
      
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A new gust in offshore wind power’s sails

It’s been a bracing week for offshore wind power advocates. Not only has an unexpected but serious money player entered the arena but the federal government also showed signs that it might be getting off its duff.

The week’s biggest news came from Google, yes Google, the guys you count on to search the Internet.  Here’s what they had to say:

We just signed an agreement to invest in the development of a backbone transmission project off the Mid-Atlantic coast that offers a solid financial return while helping to accelerate offshore wind development—so it’s both good business and good for the environment. The new project can enable the creation of thousands of jobs, improve consumer access to clean energy sources and increase the reliability of the Mid-Atlantic region’s existing power grid.

When built out, the Atlantic Wind Connection (AWC) backbone will stretch 350 miles off the coast from New Jersey to Virginia and will be able to connect 6,000MW of offshore wind turbines. That’s equivalent to 60% of the wind energy that was installed in the entire country last year and enough to serve approximately 1.9 million households.


The AWC backbone will be built around offshore power hubs that will collect the power from multiple offshore wind farms and deliver it efficiently via sub-sea cables to the strongest, highest capacity parts of the land-based transmission system. This system will act as a superhighway for clean energy. By putting strong, secure transmission in place, the project removes a major barrier to scaling up offshore wind, an industry that despite its potential, only had its first federal lease signed last week and still has no operating projects in the U.S.

Why offshore wind and why the Mid-Atlantic? Many coastal areas in the United States have large population centers on an overstretched grid but limited access to a high-quality land-based wind resource. These coastal states can take advantage of their most promising renewable resource by using larger wind farms with larger turbines that can take advantage of stronger and steadier winds offshore.

The Mid-Atlantic region is ideally suited for offshore wind. It offers more than 60,000 MW of offshore wind potential in relatively shallow waters that extend miles out to sea. These shallow waters make it easier to install turbines 10-15 miles offshore, meaning wind projects can take advantage of stronger winds and are virtually out-of-sight from land. With few other renewable energy options ideally suited for the Atlantic coast, the AWC backbone helps states meet their renewable energy goals and standards (PDF) by enabling a local offshore wind industry to deploy thousands of megawatts of clean, cost-effective wind energy.

Serious hurdles remain: Permit delays, tax incentives, carbon legislation

Google’s announcement was  pretty exciting stuff.  But, as offshore wind developers like Bluewater Wind  and  Deepwater Wind and Garden State Offshore Energy and Fishermen’s Energy can tell you, planning is one thing but winning state and especially federal approval is quite another.

Developers today are faced with a seven to nine-year approval process before they can hope to begin installing a single turbine. Then there are the daunting challenges of getting Congress to extend tax credits for wind energy and pass climate legislation that increases the price of carbon emissions (to make the cost of wind energy more competitive vs. traditional gas and coal generation).

The prospects of getting Congress to do anything positive are too depressing to presently consider, but at least the Obama administration has shown some positive signs.

A year ago, Interior Secretary Ken Salazar announced the approval of the nation’s first lease of an offshore tract for wind energy– to Cape Wind Associates– for a wind farm in Nantucket Sound. Last week, as noted in Google’s announcement, the Interior Department signed the lease–the first for commercial wind energy on the Outer Continental Shelf.

And yesterday, Michael Bromwich, head of Interior’s Bureau of Ocean Energy Management, Regulation and Enforcement, admitted that “the current process for permitting wind projects, Atlantic wind projects in particular, it is too slow, it is too cumbersome, it takes too long.”

Bromwich promised that a revised process will be rolled out in the “not-too-distant future.”

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EnviroPolitics Events Calendar for Oct 13 2010
PA & NY should look to WY in regulating fracking fluids

New Jersey’s DEP ‘transforming’ in a tight economy

NJ loses commercial real estate leader David Houston

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Could you skip over this story?

Philadelphia Daily News columnist John Baer buried this wonderful paragraph part of the way into his piece today about the imminent recess (without adopting a natural gas tax) of the Pennsylvania legislature:

“With today and tomorrow quite possibly the last meaningful days of the current two-year legislative session, it appears that the nation’s largest, most expensive Legislature is again pushing its self-protection, self-indulgence and, of course, re-election.”

How could anyone have skipped the column had he used it as the lead?

You won’t have to.  Read it by clicking here

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PA & NY should look to WY in regulating fracking fluids


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PA & NY should look to WY in regulating fracking fluids

Wyoming is not known for its embrace of green policies, writes columnist David Sirota. That changed last month when state officials enacted first-in-the-nation regulations forcing energy companies to disclose the compounds they use in a drilling technique called “fracking.”  New York and Pennsylvania also plan fracking fluid disclosure regulations, but both states could learn a thing or two from Wyoming’s example. 

    The column below appeared yesterday, Sunday, Oct. 10, 2010 in the Seattle Times

Syndicated columnist

Frank Sinatra once said that if he could make it in New York, he could make it anywhere. Thanks to new drilling rules, environmentalists can now say the same about Wyoming.

To review: Wyoming is as politically red and pro-fossil-fuel a place as exists in America. Nicknamed the “Cowboy State” for its hostility to authority, the square swath of rangeland most recently made headlines when its tax department temporarily suspended levies at gun shows for fear of inciting an armed insurrection.

The derrick-scarred home of oilman Dick Cheney, the state emits more carbon emissions per capita than any other, and is as close as our country gets to an industry-owned energy colony.

So, to put it mildly, Wyoming is not known for its activist government or its embrace of green policies.

But that changed last month when Wyoming officials enacted first-in-the-nation regulations forcing energy companies to disclose the compounds they use in a drilling technique called “fracking.”

From an ecological standpoint, fracking is inherently risky. Looking to pulverize gas-trapping subterranean rock, drillers inject poisonous solvents into the ground — and often right near groundwater supplies. That raises the prospect of toxins leaking into drinking water — a frightening possibility that prompted Wyoming’s regulatory move. Indeed, state officials acted after learning that various local water sources were contaminated by carcinogens linked to fracking.

While the Wyoming examples may seem of little concern to those living outside of Flyover Country, they are more like canaries in the national coal mine (or gas well, as it were) — canaries potentially coming to a watershed near you. Today, 800,000 wells — many of which involve fracking — are being plumbed in a total of 34 states. That means fracking is now everywhere.

Not surprisingly, reports of drilling-related groundwater pollution have been pouring in from Colorado to Pennsylvania — and lots of these dispatches come from sites near population centers. Worse, such crises could increase as an unintended consequence of much-needed environmental initiatives. Specifically, with coal-fired power plants being converted into cleaner natural gas-burning facilities, demand for more gas supplies — and, therefore, more fracking — is mounting.

If this wasn’t bad enough, the situation is further exacerbated by federal policymakers who have ignored the physician’s “first do no harm” principle. Rather than initiating an informed public debate about fracking by forcing companies to at least admit what chemicals they are using, Congress has preserved fracking-disclosure loopholes in the Community Right-to-Know Act, exempted fracking from the 2005 Energy Policy Act and blocked new legislation to better regulate fracking.

That has left states to try to deal with the mess.

Colorado, for example, requires companies to partially disclose fracking chemicals, but only in cases of an imminent health emergency (granted, an important step after a Durango nurse almost died when a drilling firm refused to disclose the fracking fluids she had been exposed to).

Others such as Pennsylvania and New York publish lists of fracking chemicals, but according to ProPublica, “these lists simply name chemicals that may be in any given well and do not detail the mixtures or concentrations.”

Many, though, do almost nothing. And no state other than Wyoming does what the situation really requires: namely, provide to regulators a well-by-well accounting of chemicals along with the amounts of chemicals being used.

This standard should, of course, be the regulatory rule — not the exception. In a nation that learned harrowing environmental lessons from the General Electric/Hudson River affair and from the 1996 best-seller “A Civil Action,” we are well aware of the dark intersection of industrial chemistry, groundwater pollution and public health.

If Wyoming can turn that knowledge into action, then so can — and must — every other state.

David Sirota is the author of “Hostile Takeover” and “The Uprising.” He blogs at OpenLeft.com. E-mail him at ds@davidsirota.com.

Related:
Wyoming Fracking Rules Would Disclose Drilling Chemicals

In New Gas Wells, More Drilling Chemicals Remain Underground
 
What’s in fracking fluid? Wyoming wants to know  

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New Jersey’s DEP ‘transforming’ in a tight economy

The New Jersey Department of Environmental Protection today released a Transformation Plan,
the latest step in Commissioner Bob Martin’s
ongoing efforts to make the department operate 
more efficiently in a slow economy under ever tightening budget restrictions.
“This document establishes the process to transform the DEP into a more streamlined organization that maximizes the abilities of our fiscal and human resources to protect New Jersey’s environment and natural resources,” Martin said in a press release.  “For the sake of both the environment and economy, we cannot continue to operate as we always have. We need to take bold steps to change how the DEP operates.”
The plan seeks to eliminate non-critical functions, streamline business processes, leverage information technology and rely on the expertise of its constituents – both internal and external – to cut the costs of compliance while ensuring maximum protection. 
Specifically, the Transformation Plan:
*Calls on all assistant commissioners and managers to thoroughly analyze all organizational structures and business processes with the goal of achieving Governor Chris Christie’s Executive Orders on reducing regulatory red tape and bringing common sense to decision making processes. This process may result in elimination of non-critical or redundant operations, with allocation of staff to areas where they could do more good.
*Requires that all managers and staff participate in customer service training programs to become more responsive, head off potential conflicts, and improve communications skills. The process calls on managers to develop sets of metrics to evaluate the services they provide and determine where change is needed.
*Establishes a process for the vetting of issues and development of solutions to problems specific to each of the DEP’s program areas. Commissioner Martin is urging all employees to think boldly with regard to suggestions for changes, and to recognize that transformation is an evolution of ideas and processes, not a stagnant event.
*Calls for each of the program areas to work closely with stakeholders, prioritize and execute action items, develop potential information technology solutions, and prepare white papers that recommend additional changes to business practices.

     
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