Despite pandemic, EPR-style legislation drawing state-level interest

Retrieved from Alabama Extension.

Editor’s note: This roundup story overlooks a recycling-content bill in New Jersey that is attracting a lot of attention from recyclers, product manufacturers and environmentalists. Sponsored by Senate Environment and Energy Chairman Bob Smith, S-2515 was recently sent back to the legislative drawing board for no fewer than 28 amendments. The revised version (not yet publicly available) is expected to more closely model California’s recycled content law. Sponsor Smith says the bill will be handled in committee in December.

By E.A. Crunden, Waste Dive
  • Momentum behind extended producer responsibility (EPR) laws for packaging is growing in multiple states, per comments at this year’s virtual Northeast Recycling Coalition conference. Officials and EPR proponents from Maine, Massachusetts, New York, Vermont, Connecticut and Rhode Island all spoke to increasing interest. 
  • Several cited Maine’s bill (LD 2104), in limbo due to the pandemic, as a policy blueprint. Massachusetts and New York have considered bills recently, while Connecticut Department of Energy & Environmental Protection (DEEP) Environmental Analyst Tom Metzner said his state is busy seeking buy-in from municipalities.
  • Motivating factors include pandemic-induced budget cuts facing local governments, with state attention driving more business engagement. “The industry is coming around” on EPR, said Metzner, adding “I think the states are getting weary of this manufacturer position that ‘no it doesn’t really work,’ or ‘let’s keep talking.'”

Viewpoints around EPR legislation are evolving during an unprecedented year that has upended many state legislative sessions. Actual progress on bills has been limited — in addition to Maine’s stalled effort, California did not pass its legislation for the second year in a row. But the waste industry has increasingly discussed EPR as a possibility it may have to contend with based on state trends.

“In some regions, recycling costs have eclipsed disposal costs,” said Josh Kelly, materials management section chief for the Vermont Agency of Natural Resources, adding “EPR programs are shifting that dynamic of who pays.”

Vermont, Washington and Oregon are among states that have recently considered EPR, although in past years such legislation has failed to gain traction in states like Connecticut and Rhode Island due to a lack of producer involvement and other stumbling blocks. DEEP’s Metzner said his state remains “very interested” in packaging EPR and sees municipalities as a good potential ally. 

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NJDEP begins process to draft environmental justice regulations

Keeping Kosher – The Problem No One Talks About | Golden Pomegranates

By Paul M. Hauge in Gibbons Environmental and Green Issues Blog

As we reported, New Jersey Governor Phil Murphy recently signed the nation’s first environmental justice law, which seeks to address the unfair distribution of the environmental and public health impacts of polluting activities by imposing additional requirements on parties seeking to site, expand, or renew permits for various types of facilities in “overburdened communities,” which are defined in the statute in terms of economic and demographic criteria.

The statute requires the New Jersey Department of Environmental Protection (NJDEP) to promulgate regulations to implement its requirements. NJDEP began the public process of developing those regulations on October 22 when Olivia Glenn, Deputy Commissioner for Environmental Justice and Equity, and Sean Moriarty, Chief Advisor for Regulatory Affairs, hosted an online public information session in which they sought the public’s input on how the regulations should address numerous definitional and procedural issues. (The statute will not take effect until NJDEP promulgates its regulations.)

Companies seeking to obtain or renew certain NJDEP permits for new or expanded facilities that fall within the statute’s scope and are located in overburdened communities must prepare an “environmental justice impact statement” and provide for expanded public hearings on their project. In addition to applying the requirements of other applicable statutes and regulations, NJDEP must then determine if the proposed new or expanded facility will cause a disproportionate impact on the community. If NJDEP makes such a finding, it must deny the…

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Environment and Coronavirus bills on NJ Senate board list for Thursday, October 29

The NJ Senate will meet on Thursday, October 29 at 2 p.m. Among the bills scheduled for votes are the following:

Environment

S938 (Pennacchio / Turner) – Exempts from local approvals installation of electric vehicle charging station at gasoline service station that meets certain requirements.

S2804 (Smith / Greenstein / Singleton) – Requires BPU to conduct certain analysis and comparison study of electric transmission grid operating in New Jersey.

Coronavirus

S2553 (Gopal / Kean) – Provides in-State tuition status to certain veterans and family members who attend public institutions of higher education during period of mandatory remote instruction due to public health emergencies.

S2691 (Greenstein) – Requires Division of Local Government Services to approve local unit budgets with excess anticipated miscellaneous revenue due to COVID-19 and authorizes school districts to maintain surplus at four percent for 2020-2021 school year.

S2784 (Cryan / Sarlo) – Dedicates personal protective equipment to long-term care facilities, home health agencies, hospice care providers, health care service firms, PACE programs, and certain community-based providers during public health emergency.

S2849 (Ruiz / Greenstein) – Directs NJ Department of Agriculture to request necessary waivers from US Department of Agriculture to provide food and meals during school closures due to COVID-19 public health emergency.

A4182 / S2873 (Giblin / Wimberly / Calabrese / Singleton / Cryan) – Requires landlord to allow tenant to make rent payment using credit card during COVID-19 pandemic.

A4282 / A4150 / S2566 / S2677 (Pinkin / Karabinchak / Benson / Diegnan / Gopal / Vitale) – Requires long term care facilities and hospitals to maintain minimum supply of personal protective equipment.

A4442 / S2755 (Downey / Benson / Houghtaling / Gopal / Bucco) – Authorizes individuals who have passed road test to use driving permit to operate motor vehicle for 60 days during COVID-19 public health emergency.

A4461 / S2698 (Lampitt / Jasey / Quijano / Ruiz / Turner) – Requires State to enter into contract and coordinate with certain cooperative purchasing systems for procurement of COVID-19 related goods and services by school districts and county colleges.

Vote to concur with Assembly Amendments to the following:
S2354 (Greenstein / Oroho / Bramnick) – Prohibits cancellation or nonrenewal of certain insurance policies and insurance premium finance agreements for a period of at least 60 days under certain circumstances after declaration of public health emergency, or state of emergency, or both.

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A climate denier’s arrival raises fears that NOAA’s climate Mission is under attack

David Legates has spent his career disputing climate science. Now he’s a top manager in the federal agency most involved in assessing global warming’s threat.

By Marianne Lavelle, Inside Climate News

In the shadow of the Trump administration’s dismissal of climate change, the National Oceanic and Atmospheric Administration has continued to press on with its work measuring the breadth and pace of the climate crisis.

So far in 2020, NOAA recorded the nation’s hottest summer on record, the second-lowest Arctic sea ice minimum and the greatest number of hurricanes hitting the U.S. coast since 1916. NOAA led a team that showed global warming is detectable at the bottom of the ocean. It funded work revealing the climate risks of coastal forest destruction. It helped develop a breakthrough method of measuring fossil fuel emissions in ambient air.

But climate scientists are bracing for the potential disruption of NOAA’s climate work with the appointment of two prominent climate science deniers and a former campaign official for President Donald Trump to top agency positions this fall. 

The hiring of Legates and others, only weeks before the election, comes just as NOAA is set to collaborate with more than a dozen other federal agencies on the next Congressionally mandated National Climate Assessment, due out in 2023. Work on the project kicked off in earnest on Oct. 15 when a call for authors was published in the Federal Register. The state-of-the-science synthesis of climate impacts and trends across the United States is meant to serve as a roadmap for policymakers. 

Veterans of the process fear the new hires may presage a Trump administration effort to inject doubt about the scientific consensus into the climate assessment. 

Foes of climate action hope that’s the signal being sent. 

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Interior hunkers down, saying their guy isn’t leaving despite court order

Interior says Pendley to remain at BLM despite 'dramatic tweets' from Democrats
William Perry Pendley 

BRebeca Beitsch, The Hill

House Natural Resources Chairman Raúl Grijalva (D-Ariz.) urged the Department of the Interior to press pause on many of its public lands decisions after its Bureau of Land Management (BLM) de facto director was ousted by the courts.

The Department of the Interior responded by saying it would not be pushed to remove William Perry Pendley from the department.

A decision from U.S. District Court Judge Brian Morris last month determined Pendley had “served unlawfully … for 424 days” and tossed major land management plans he oversaw in Montana.

Pendley, a controversial figure due in part to his history of opposing federal ownership of the lands he now manages, served at the department through a series of temporary orders, remaining in the job even after his formal nomination was withdrawn.

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Residents fear 169m wind turbine would cast shadow over Irish town’s new tourism plans

Fáilte Ireland has ‘serious concerns’ about siting and scale of proposed development

Ellen O’Riordan, Irish Times

Hilary Tully, Patrick McGivney and Judy Sheridan objected to  the planning application sought by Kiernan Milling.  Photograph: Alan Betson

Hilary Tully, Patrick McGivney and Judy Sheridan objected to the planning application sought by Kiernan Milling. Photograph: Alan Betson

On a clear day, a person standing atop Granard Motte will be able to see five lakes, nine counties and three provinces of Ireland.

Recently, the sod was turned on the land below (known as the Bailey) for what will become the town’s prize attraction, a Norman heritage park. The €3.8 million tourism investment aims to make the Longford town of Granard – which is currently a busy throughway to the north – a place to stop and explore.

However locals fear a proposed 169m wind turbine will cast an anachronistic shadow over their Norman village.

Patrick McGivney (30), who has grown up in the town, believes the industrial structure will undermine years of grassroots effort to develop the area into a destination.

“We are not known as a tourist town, but that is the vision. There are big dreams here,” he says. “Now to see all that work and effort to have that potentially undermined by a structure this size is really worrying.”

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