EnviroPolitics Blog

Environment bills in committee in Trenton-March 6, 2017

SENATE LAW AND PUBLIC SAFETY

3/06/17 10:30 AM

Aide: (609) 847-3870

Committee Room 10, 3rd Floor, State House Annex

S-2874 Greenstein, L.R. (D-14); Cunningham, S.B.
(D-31)

Authorizes use of electric school buses.

Related Bill: A-4538

Dec 19, 2016 – Proposed for Senate
introduction

Jan 9, 2017 – Introduced in Senate

Jan 9, 2017 – Referred: Senate Transportation

Mar 6, 2017 – Posted: Senate Law and
Public Safety

_____________________________________________

ASSEMBLY AGRICULTURE AND NATURAL RESOURCES

3/06/17 1:00 PM

Aide: (609) 847-3855

Committee Room 15, 4th Floor, State House Annex,

A-1069 Bramnick, J.M. (R-21); Burzichelli, J.J.
(D-3); Munoz, N.F. (R-21)

Requires DEP to establish “private wildlife
habitat certification program”; creates affirmative defense against
municipal nuisance ordinances for properties certified under the program. Related Bill: S-1151

A-1351 Spencer, L.G. (D-29)

Amends law concerning application, sale, and use of
fertilizer to exempt organic fertilizer from certain requirements.

A-1698 Dancer, R.S. (R-12)

Establishes certain requirements for a State entity
planting vegetation in certain circumstances; provides for preferences for NJ
businesses providing such vegetation.

A-3031 Dancer, R.S. (R-12)

Prohibits NJ State Forest Nursery from undercutting
private nurseries by selling forestation stock below average market price.

A-3403 Dancer, R.S. (R-12); Taliaferro, A.J. (D-3);
Space, P. (R-24); Andrzejczak, B. (D-1)

Designates Common Eastern Bumble Bee as New Jersey
State Native Pollinator.

A-4265 Schaer, G.S. (D-36); Houghtaling, E. (D-11)

Requires certain notification prior to mosquito
spraying applications.

A-4606 Dancer, R.S. (R-12)

Directs DEP to designate native bee nesting habitat
areas in each State park and forest.

AJR-144 Taliaferro, A.J. (D-3); Andrzejczak, B. (D-1)

Establishes “Healthy Pollinators Task Force.”

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Groups Rally to Support NY Investigation of ExxonMobil

Activists say holding the fossil-fuel industry accountable is critical to combating climate change. (NYPIRG)

Andrea Sears reports
for Public News Service:

A letter signed by more than 350 groups was delivered on Wednesday to New York State Attorney General Eric Schneiderman, urging him to continue his investigation of Exxon Mobil. Scheiderman has subpoenaed the oil giant, asking for documents showing it committed fraud by hiding what it knows about climate change from investors. But the oil company is fighting back, accusing Schneiderman and other attorneys general of engaging in a conspiracy.

Megan Ahearn, the program director for NYPIRG, says with resistance to the investigation from Exxon and its allies in Congress growing, groups such as 350.org and Food and Water Watch are urging Schneiderman to keep going.

“We wanted to make sure that Attorney General Schneiderman knew that the environmental community, that community groups, that individuals, voters and taxpayers have his back, supporting moving this investigation forward,” she said.

Earlier this month, Exxon Mobil filed a brief in a Texas court accusing Schneiderman and Massachusetts Attorney General Maura Healey of infringing on the corporation’s free-speech rights.

Texas Congressman Lamar Smith has accused the attorneys general of trying to criminalize corporations that hold alternative views on climate science.

According to NYPIRG staff attorney Robert Kornblum, last year Smith even demanded that they turn over documents from their investigations.

“Both Attorney General Healey in Massachusetts and Attorney General Schneiderman refused to comply with those subpoenas because attorneys general are allowed to investigate fraud,” he said. “In fact, that’s their job.”

Last week the House Science Committee again subpoenaed documents from the attorneys general.

The activists say the evidence suggests Exxon Mobil’s own research linked fossil fuels to climate change 40 years ago. But Ahearn notes the company has actively sought to suppress and deny that connection.

“The attorney general’s investigation is absolutely critical to hold them accountable and to move forward on climate action that can start to roll back climate chaos,” she added.

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Would milk by any other name taste just as sweet?

Anahad O’Connor
reports in
The New York Times:

If milk comes from a plant, can you still call it milk?

Not according to the dairy industry. Facing growing competition from dairy alternatives like almond, soy and coconut milk, the nation’s dairy farmers are fighting back, with an assist from Congress. Their goal: to stop companies from calling their plant-based products yogurt, milk or cheese.

Dairy farmers say the practice misleads consumers into thinking that nondairy milk is nutritionally similar to cow’s milk.

A bipartisan group of 32 members of Congress is asking the Food and Drug Administration to crack down on companies that call plant-based beverages “milk.” They say FDA regulations define milk as a “lacteal secretion” obtained by milking “one or more healthy cows.” Proposed legislation from Rep. Peter Welch, D-Vt., and Sen. Tammy Baldwin, D-Wis., a state known for its cheese, suggests a slightly broader definition. Their bill would require the FDA to target milk, yogurt and cheese products that do not contain milk from “hooved mammals.”

“The bottom line for us is that milk is defined by the FDA, and we’re saying to the FDA: Enforce your definition,” Welch said.

But critics say consumers know exactly what they are buying when they choose almond or soy milk instead of dairy milk.

“There’s no cow on any of these containers of almond milk or soy milk,” said Michele Simon, executive director of the Plant Based Foods Association, a trade group representing 70 companies. “No one is trying to fool consumers.”

And what about other nondairy products with dairy names? Will milk of magnesia, cocoa butter, cream of wheat and peanut butter have to change their names as well?

Plants over animals

Meanwhile, dairy milk alternatives made from almonds, soy, cashews and coconuts have exploded in popularity in recent years. Plant-based milks, with brand names like Almond Breeze and Silk, are sold in the dairy aisle and still represent a fraction of the beverage market, but sales continue to grow.

Much of the growth in plant-based milk sales has come from the rising popularity of almond milk. Last year, Starbucks, the world’s largest coffee chain, announced that it would begin offering almond milk to lighten its espresso drinks, to meet customer demand. The chain said it was one of the most-requested customer suggestions of all time.

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Will nitrogen drop in NJ waters survive Trump rollback?

Administration considers scrapping Waters of the U.S. rule, but New Jersey might be unscathed since state regulations tougher than federal, experts advise

stream

Jon Hurdle reports for NJ Spotlight:

An improvement in New Jersey’s water quality is likely to survive a planned rollback in federal protections for small streams and headwaters, but only if state law retains its tough standards, analysts said.

A long-term reduction in nutrients in New Jersey waterways, reported by the state Department of Environmental Protection this week, would not be reversed by the Trump administration’s plans to scrap the Waters of the U.S. (WOTUS) Rule, which allows the EPA to define those wetlands or minor streams regulated under the 1972 Clean Water Act, water experts said.

But some warned that the improvement in water quality could be set back if state lawmakers rewrite laws to bring them in line with their federal equivalents.

“New Jersey is in a good position because our laws are stronger than the federal definition of wetlands,” said Carol Collier, Senior Advisor for Watershed Management and Policy at the Academy of Natural Sciences of Drexel University. “It’s always good to have federal protection because state policies change and the state Legislature could change that.”

Nitrogen, phosphorus declined or held steady

The report by the DEP, the U.S. Geological Survey, and the Delaware River Basin Commission found that levels of nitrogen and phosphorus were declining or steady in most of 28 monitoring points in New Jersey from 1971 to 2011.

At 25 of the study sites, concentrations of the two nutrients dropped or did not change significantly over the period, reducing the conditions in which algae can bloom in waterways.

Despite the overall decline in nitrogen levels, increases were reported at a station in Toms River and at Cohansey River in Upper Deerfield, Cumberland County. Phosphorus increased at one location, the west branch of the Wading River in Woodland Township, Burlington County. The DEP said it will do more work on the increases in those locations.

Algae growth cuts oxygen in water, hurting conditions for fish and other aquatic life, causing taste and odor issues in drinking water supplies, and making it harder for recreational users to enjoy waterways.

Water quality began to improve in the 1980s

The most common sources of nutrient runoff are fertilizers used on farms and lawns; discharges from wastewater treatment plants, and poorly functioning septic systems, the DEP said.

The water-quality improvements began in the 1980s and 1990s as wastewater treatment plants were modernized, and regional plants replaced many small local plants, the DEP said.

Another contributor was a state program that requires local governments to implement storm water control standards and best-management practices on issues such as animal waste ordinances, public education on storm water, and other steps to reduce the impacts of storm water runoff.

DEP Commissioner Bob Martin called the survey the most comprehensive analysis ever done on nutrient pollution in New Jersey, and said it provided a valuable platform for further work on the issue.

Martin attributed the nutrient reduction to the modernization of wastewater treatment plants; local improvements in managing storm water, and “tough laws” to protect rivers and streams.

Most state waterways still below federal standards

Tim Dillingham, executive director of the New Jersey-based American Littoral Society, said the report shows that progress has been made over the past four decades but most state waterways still fall below the “fishable and swimmable” standards required by the federal Clean Water Act.

“I don’t think you can make the argument that our work is finished,” Dillingham said. “The investment has paid off but that’s not to say that our waters are as clean as they should be.”

Dillingham said New Jersey may be in a better position than some other states to protect its water-quality improvements from the planned rollback of WOTUS, which has been strongly opposed by some farmers and landowners.

“The impact is likely to be greater in other states that don’t have state programs to protect those water bodies,” Dillingham said.

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Christie’s chief counsel leaving to chair EDA; join law firm

Thomas Scrivo is leaving NJ Gov. Christie’s administration

Eric Strauss reports
for NJBIZ

Thomas Scrivo, Gov. Chris Christie’s chief counsel, will be he new chairman of the New Jersey Economic Development Authority, Christie announced Thursday. Scrivo is also stepping down as the governor’s chief counsel to return to private practice.

Scrivo, who was tied for No. 16 on the 2017 NJBIZ Power 100 list, will replace Alfred Koeppe on the board of the EDA. Koeppe died in December.

In addition, he will join the newly formed law firm of O’Toole Scrivo along with state Sen. Kevin O’Toole (R-Wayne). He will be joined there by James DiGiulio, Christie’s senior counsel, who is also leaving the administration.

“During his time as my chief counsel, Tom has been a trusted adviser, navigating my administration through extremely challenging matters resulting in key accomplishments while demonstrating sound judgment and reliable wisdom,” Christie said in a prepared statement.

“I would like to thank him for his service in one of the most demanding public jobs in New Jersey, and express my gratitude for all he has done for the people of New Jersey. I wish Tom the best of luck at his new firm, where I know he will continue his accomplished career as an attorney. I look forward to our continued friendship.”

“Tom Scrivo is a fantastic lawyer and strategist, who demonstrated extraordinary leadership and integrity in perhaps the most challenging job in Trenton — chief counsel,” Porrino said in a statement. “His service was exemplary, and he will be sorely missed.”

Scrivo became chief counsel in 2015, leaving McElroy, Deutsch, Mulvaney and Carpenter LLP when Christopher Porrino left Christie’s administration to return to Lowenstein Sandler LLP. Porrino returned to the Christie administration last year as attorney general.

Scrivo will be succeeded by Gregory Acquaviva, vice president of state government affairs at UnitedHealth Group and a former chief of staff to Lt. Gov. Kim Guadagno.

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Good news for I-95 park cover in Center City, Philadelphia

Cassie Owens reports for BillyPenn:

The I-95 cap project just took another huge step forward.

Through spokesman Brad Rudolph, deputy communications director of the Pennsylvania Department of Transportation, the agency confirmed to Billy Penn this afternoon that it plans to commit $100 million to the cap, which would cover the multilane interstate highway from Chestnut to Walnut Streets, and a park that will slope down toward the Delaware River. Plans for the cap have been awaiting funding for decades, and got a huge boost this week when Mayor Jim Kenney told PlanPhilly that the city will allocate $90 million toward the project.

Penn’s Landing Park should cost an estimated $225 million. With PennDOT’s commitment, that leaves only $35 million until the project is fully funded.

In 2014, the Delaware River Waterfront Corporation released a feasibility study, including renderings for the park, that indicated the project would generate $1.6 billion in economic impact to the area.

Cities around the U.S. have considered design options for their freeways, widely criticized among urbanists for the disruption they prove to walkability, and the mass demolitions (and displacement) that occurred to make way for the expressways.

Some cities have opted to convert highways into tighter boulevards, but highway cap parks are indeed a thing, with famous examples found in Boston and Dallas.

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