Pa. Senate Republicans seek to declare state constitution provides no right to abortion

Republicans in the upper chamber successfully moved to add abortion language to the package Thursday as lawmakers worked to pass an already late budget.
HEATHER KHALIFA / PHILADELPHIA INQUIRER

By Stephen Caruso, Spotlight PA

HARRISBURG — Voters could be asked as early as the spring to weigh in on five significant amendments to the Pennsylvania Constitution, including one that would require voters to show ID every time they vote and another that asserts the state’s charter does not protect abortion access.

After a contentious late-night debate that spilled into Friday, the state Senate voted 28-22 to pass the omnibus resolution. Republicans in the upper chamber successfully moved to add abortion language to the package Thursday as lawmakers worked to pass an already late budget.

The vote continues efforts by legislative Republicans to use constitutional amendments to advance their policy goals, such as restricting access to abortion and tightening election laws, without the consent of Democratic Gov. Tom Wolf, who has regularly used his veto pen.

Proposed amendments to the constitution must pass the state House and Senate twice, in two consecutive sessions.

The resolution passed Friday by the state Senate must be approved by the state House before the current session concludes at the end of the year. Both chambers would need to pass it again during the 2023-24 session.

Read the full story here

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‘Dirty dirt’ law revised in New Jersey

New Jersey Governor Phil Murphy today signed into law A4255 / S2870 (McKeon, Haider, Kennedy / Smith, Codey).

The bill revises current law requiring registration with the state Department of Environmental Protection of businesses engaged in soil and fill recycling services.

Specifically, the bill would extend the original April 20, 2020
registration date to July 14, 2022. The bill would also require any
persons registering with the DEP pursuant to P.L.2019, c.397
(C.13:1E-127.1 et al.) to apply to the Attorney General for a soil
and fill recycling license no later than 30 days after the DEP adopts
rules and regulations to implement the law, rather than by October
17, 2020, as in current law.

The bill would also clarify certain language in section 1 of
P.L.2019, c.397 (C.13:1E-127.1) regarding the Attorney General’s
responsibility for issuing a soil and fill recycling license pursuant to
section 8 of P.L.1983, c.392 (C.13:1E-133).

Finally, the bill would require the DEP to adopt rules and regulations to implement P.L.2019, c.397 (C.13:1E-127.1 et al.) no later than one year after the bill’s enactment.

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NYDEC issues final management plans for state lands in three counties

Documents Available Online for Eastern Lake Ontario, McDonough, and Tioughnioga Units

Parks, Preserves, and Beaches along Lake Ontario

From the NYDEC

The New York State Department of Environmental Conservation (DEC) announced today that it has finalized three new Unit Management Plans (UMPs) for state forests in Central New York. The Eastern Lake Ontario, McDonough, and Tioughnioga UMPs will guide the management of these properties over the next 10 years.

The UMPs identify resources and management objectives on more than 24,000 acres of public lands in DEC’s Region 7. These UMPs address timber, habitat, and water quality management activities on State properties, as well as enhance recreational opportunities such as camping, fishing, boating, and limited all-terrain vehicle (ATV) access for people with mobility impairment.

“Unit Management Plans are an important tool to sustainably manage state lands, protect natural resources, and promote responsible recreation,” said DEC Region 7 Director Matthew Marko. “These three new UMPs advance DEC’s commitment to managing State forests for multiple purposes to benefit the people of New York State.”

Eastern Lake Ontario UMP encompasses 6,201 acres of public forests in the towns of Albion, Boylston, Orwell, Richland, and Sandy Creek in Oswego County. It covers Altmar, Chateaugay, Sandy Creek, and Trout Brook State forests and includes nearly 100 acres of conservation easement lands. Management objectives of this UMP include:

  • Continue partnerships with local snowmobile clubs to maintain 3.2 miles of trail on Chateaugay State Forest;
  • Develop approximately one mile of foot trail from the Salmon River Falls Unique Area’s Upper Falls Trail that leads to Dam Road; and
  • Designate 0.5 miles of existing access trail on Trout Brook State Forest as a Motorized Access Program for People with Disabilities (MAPPWD) route.

McDonough UMP comprises 13,229 acres of public forests in the towns of McDonough, Preston, and Smithville in Chenango County. The State Forests are Genegantslet, Ludlow Creek, and McDonough. Management objectives of this UMP include:

  • Maintain 20 miles of snowmobile trails and more than nine miles of hiking trails in cooperation with local snowmobile clubs and the Finger Lakes Trail Conference;
  • Maintain historic sites including the Berry Hill Fire Tower and a Civilian Conservation Corps campsite;
  • Establish a 0.8-mile ATV access route (MAPPWD) for people with qualifying disabilities on Genegantslet State Forest; and
  • Establish a 0.2-mile universal access trail on Ludlow Creek State Forest.

Tioughnioga UMP covers 4,646 acres of public forests in the towns of Cazenovia, DeRuyter, Fenner, Georgetown, and Nelson in Madison County. The State forests are DeRuyter, Morrow Mountain, and Stoney Pond. The Nelson Swamp Unique Area is also included in this UMP. Management objectives include:

  • Redesign Stoney Pond State Forest Boat Launch;
  • Establish a 0.3-mile universal access trail at Nelson Swamp Unique Area;
  • Sustainably harvest 108 acres of timber each year; and
  • Maintain 14 parking areas to provide safe access to the forests.

The final UMPs are available to view and download on DEC’s website.

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Recycling overhaul is now law in California. Similar legislation in New Jersey awaits action in the fall.

By Marissa Heffernan Plastics Recycling Update

California capitol building in Sacramento.

Legislators have approved EPR for printed paper and packaging in California. | Kit Leong/Shutterstock

This story has been updated.

California’s printed paper and packaging extended producer responsibility bill passed the state Senate unanimously June 30 and was signed into law, just before the deadline to pull a plastic-tax measure from November’s state ballot.

Senate Bill 54 was signed by Gov. Gavin Newsom, and ballot measure backers withdrew their ballot effort.

California compromise

SB 54, which has appeared in different iterations over the past three years, will create a producer responsibility organization (PRO) to run a collection and recycling program with state oversight, establishing a form of extended producer responsibility (EPR) for printed paper and packaging.

Meanwhile, the California Recycling and Plastic Pollution Reduction Act ballot measure, originally submitted in November 2019, aimed to build up both recycling infrastructure and composting infrastructure, along with other areas, all funded by a plastic tax paid by manufacturers. The plastics industry opposed the ballot measure and was grudgingly supportive of SB 54 as an alternative to it.

California legislators, environmentalists, and industry representatives had been working to finalize the language in SB 54, in hopes that a comprehensive bill would persuade ballot measure backers to withdraw their proposal.

To remove the measure from the ballot, the three petitioners behind it needed to agree to do so 130 days before the Nov. 8 election. That deadline meant that, effectively, SB 54 would have needed to pass out of both the Assembly and Senate by the end of June to provide enough time for them to withdraw the measure as part of a compromise.

After days of final-hour work, the amended bill passed the Assembly on June 29 on a vote of 67-2 and the Senate on June 30 on a vote of 29-0.

Gov. Newsom acted quickly to sign the bill on the evening of June 30, and ballot backers subsequently pulled their initiative.

Editor’s Note: In New Jersey, the Senate Environment and Energy Committee on June 13 took testimony on S426, sponsored by committee chairman Bob Smith. The bill would require manufacturers of all packaging products sold in New Jersey, including plastics, to adopt and implement stewardship plans.

The Sierra Club testified: “New Jersey has been a leader when it comes to reducing plastics with our newly implemented plastic bag ban law and recycled content law. Extended Producer Responsibility otherwise known as EPR  is now the next logical step in order to reduce plastic packaging.

Smith said his committee would be back in the fall, following the legislature’s summer recess, to act on the bill with possible amendments that his staff might draft after reviewing all the testimony from environmental and manufacturing groups.

Recent activity on SB 54

SB 54, the Plastic Pollution Producer Responsibility Act, mandates a 25% reduction of single-use plastic packaging and foodservice products by 2032. It also shifts a portion of packaging to reuse or refill systems and calls for a needs assessment, paid for by the PRO but overseen by the California Department of Resources Recycling and Recovery (CalRecycle).

The bill also includes eco-modulated fees charged to producers, which is designed to incentivize them to use sustainable, recyclable or reusable materials.

In the days leading up to the deadline, the bill was amended multiple times to strengthen environmental protection and government oversight and enforcement.

The changes include more clarification that CalRecycle will revoke approval of the PRO if it fails to meet the requirements of the bill.

Read the full story here

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10 Years After Hurricane Sandy: What’s Next for the Jersey Shore?

Sandy walloped the Jersey Shore in October 2012. A decade later, experts say our beaches are more secure—but much of the bayfront remains in peril.

By Ken Schlager New Jersey Monthly

An aerial shot of Ohio Drive in the waterfront community of Mystic Islands

Only a series of short bulkheads and a narrow marsh protect the homes on Ohio Drive in the waterfront community of Mystic Islands. Hurricane Sandy’s storm surge damaged or destroyed many Mystic Islands properties. Photo by Joe Polillio

It happens every spring. Massive mounds of sand rise on the beach in North Wildwood. The mounds loom alongside the boardwalk, gray and menacing, like a rogue wave. 

But the great mounds are nothing to fear. They are evidence of emergency beach replenishment, an annual ritual in this oceanfront resort. North Wildwood trucks sand from Wildwood City (which has too much) and deposits it on its own beaches (which have too little). In the weeks leading up to Memorial Day, the mounds disappear as the sand is spread and North Wildwood’s beaches are restored.

The annual beach fill is a temporary fix; it should cease after fall 2023, when the Army Corps of Engineers is expected to take over the care and feeding of North Wildwood’s beaches. At that point, the Wildwoods will become the last of New Jersey’s beach municipalities to sign on with the Army Corps for what is called coastal storm-risk management. This, experts say, will protect all of New Jersey’s ocean-facing beaches from the wrath of major storms—at least for the 50-year duration of the Army Corps deals.

Trucks dump sand from Wildwood onto the beach in North Wildwood

Trucks dump sand from Wildwood onto the beach in North Wildwood, where it is spread in an annual replenishment effort. Photo by Joe Polillio

“New Jersey’s oceanfront is actually in the best shape of anywhere in the country,” says Stewart Farrell, founder, and director of Stockton University’s Coastal Research Center (CRC).

That’s the good news.

Now the bad: Ten years after Hurricane Sandy, the bayfronts and riverfronts of many of New Jersey’s Shore communities remain vulnerable to the twin terrors of sea-level rise and increasingly intense storms. Addressing this risk is in some ways more complicated than protecting the ocean beaches, but it is no less an issue that affects homeowners, seasonal tourism and natural habitat.

An aerial shot of Wildwood's annual beach restoration

An aerial shot of Wildwood’s annual beach restoration. Photo by Joe Polillio

And the threat will only get worse. In its 2022 update, the National Oceanographic and Atmospheric Administration (NOAA) predicts sea-level rise of 10-12 inches along the East Coast by 2050. In the continental United States, only the Gulf Coast is at greater risk. What’s more, NOAA predicts that thanks to this rise in sea level, even “moderate” flooding will occur “10 times more often than it does today, and can be intensified by local factors.” 

Rising sea level is not just a 21st-century phenomenon. “Sea level was 400 feet lower 25,000 years ago,” says Farrell. As sea level rises, coastlines are pushed inland. Geologists tell us that during the Ice Age—some 20,000 years ago—New Jersey’s shoreline was probably 80 or 90 miles east of where it is today. Even in the 17th century, as early settlers began staking out Shore property, the beaches in Monmouth County were 2,000 feet farther east than the beaches we know. 

Stockton University’s Stewart Farrell surveys a beach in Brigantine

Stockton University’s Stewart Farrell surveys a beach in Brigantine, where sand is abundant. Photo courtesy of Press of Atlantic City

The dominant goal for today’s coastal communities is to keep the shoreline fixed in place. That’s been the case since the late 19th and early 20th centuries, when the development of coastal resorts spurred human intervention. As the natural cycle of erosion ate away at the beaches, coastal towns created rock structures to trap sand and fend off floods. When developers turned to the bayfronts, they filled marshes and built bulkheads.

That was long before anyone could anticipate global warming. NOAA ties modern sea-level rise directly to the warming, and consequent expansion of ocean water, as well as the flow of additional water from melting ice sheets and mountain glaciers. For U.S. coastlines, the 10-12 inch rise in sea level that NOAA predicts over the next 30 years is roughly equivalent to the total increase recorded in the previous 100 years.

Read the full story here

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