Home > Wildlines Archives > Wildlines, Volume III, Number 5
Volume III, Number 5
February 2, 2004
A publication of the State Environmental Resource Center (SERC) bringing you the most important news on state environmental issues from across the country.
 
NEWS FROM THE STATES:
 
 
 
 
 
 
 
 
 
 
Sustainable Biomass
Virginia Legislation Would Reduce Power Plant Emissions
"Freedom to Fish" Act Returns
 
Higher Fees for Polluters, Clean School Buses Urged in New York
Washington Effort Will Target Dangerous Flame Retardant
Cruise Industry to Come Under Additional Regulations
Vermont Lawmakers Seek to Prevent Light Pollution
California: Study Concludes High Speed Train Beneficial
North Carolina: Hearings to Begin on Fish Limits
West Virginia Legislators to Look at Water Usage Bill
New Jersey Assembly to Bring Back Environmental Prosecutor
Wisconsin Bill to Restore Comprehensive Energy Planning
Controversy over Utah Alternative Energy Bill
Sustainable Biomass

In recent years, environmentalists and policymakers have struggled to evaluate the merits of various biomass resources. This has posed a challenge; in part, because biomass brings together a host of environmental disciplines, including air, water, land-use, climate, and energy. Since few people have expertise in all of these areas, the full range of environmental impacts -- both positive and negative -- are not as readily apparent for biomass as they are for solar, wind, or traditional fossil resources. As a result, environmental groups, large and small, approach the topic of biomass with exceeding caution, despite the fact that biomass has the potential to be one of the few carbon-neutral and renewable energy resources that is available on demand and has large-scale, commercially viable applications. Biomass electricity generation, or "biopower," is a multi-stage process that converts non-fossil fuel derived organic material into electricity. Biomass can also be used to produce fuels, "biofuels," that can be used in vehicles. Because the vegetation that is the base for all biomass can be regrown, biopower and biofuels can be renewable. This means that biopower and biofuels can help reduce our dependency on fossil fuels and nuclear power. If the biomass is regrown, then it will sequester all of the carbon dioxide released when the biomass is burned. This means that biopower and biofuels can help reduce the risks of climate change. Furthermore, since biomass can be stored and burned when needed, biopower can be available on demand, unlike wind and solar which are only available when the wind blows and the sun shines. For information on sustainable biomass, visit: http://www.serconline.org/biomassdefinition/index.html.
back to top
 
Virginia Legislation Would Reduce Power Plant Emissions (Virginian-Pilot 1/28)
http://home.hamptonroads.com/stories/story.cfm?story=65246&ran=34025

Momentum is building to pass HB 1472, legislation that would reduce air pollution and would cost consumers only about $1 more on their monthly electric bills, according to environmentalists and health groups. The bill would force eight power plants in Virginia, including ones in Chesapeake and Yorktown, to reduce sulfur dioxide emissions by 88 percent and nitrogen oxide emissions by 75 percent by 2015. Mercury emissions would drop by 90 percent by 2008. Power plants emit anywhere from 50 percent to 65 percent of the air pollutants in Virginia, according to the American Lung Association of Virginia. The pollutants include sulfur dioxide, a powerful asthma trigger, and nitrogen oxide, which is a component of ozone smog. Ozone caused by power plants is largely responsible for making the Shenandoah National Park the nation's second most polluted national park, according to the Virginia Sierra Club. The bill is similar to one passed by North Carolina's legislature in 2002 to cut emissions from 14 power plants. It would allow the affected power companies, primarily Dominion Virginia Power, to recoup the costs of scrubbers and other technology upgrades from ratepayers. For more information on cleaning up power plants, visit: http://www.serconline.org/clean/index.html.
back to top
 
"Freedom to Fish" Act Returns

Marine ecosystems, just as important -- and just as threatened -- as terrestrial ecosystems, are a public resource that should be managed for the public good. One crucial management tool is the creation of fully protected marine areas, where no extractive activities are allowed, which benefit fish populations, other marine life, and the entire coastline by providing a refuge for marine animals. Legislative language, introduced in eleven states last year and three states so far this year, would make it almost impossible to set up fully protected marine areas, denying states an important conservation tool. Maryland SB 13, New Hampshire HB 1420, and New Jersey AB 692 would prohibit the creation of areas closed to recreational fishing unless the state can prove that recreational fishing is the cause of a specific problem. The legislation, promoted by the Recreational Fishing Alliance, puts the burden of proof on those who want to protect marine resources rather than on those who are consuming -- and potentially harming -- them before taking action. Clearly, this is a dangerous precedent. These bills would make it impossible for states to protect and restore ocean ecosystems by unnecessarily restricting a state's ability to manage its coastal habitats. If your state has a coastline, watch out for this type of bill. For more information on "freedom to fish" acts, visit: http://www.serconline.org/freedomFish.html.
back to top
 
Higher Fees for Polluters, Clean School Buses Urged in New York (Albany Times-Union 1/30)
http://www.timesunion.com/AspStories/story.asp?category=STATE&storyID=213904&BCCode=
&newsdate=1/30/2004

Ton for ton, New York's worst polluters pay less in state fees than smaller, cleaner companies. Companies with stationary pollution sources -- like power plants -- are charged $45 a ton for each pollutant they pump into the air. But the fee is capped at 6,000 tons of pollution. The rest is penalty-free. Assemblyman Alexander "Pete" Grannis said the state should drop the current limits on the pollution charges companies face, and use the new revenue to clean up school bus emissions. He estimates that making companies pay for all their pollution would bring in about $9 million, enough to clean up pollution from the roughly 55,000 school buses in New York. Scientists have found the air inside the buses can be worse than outside. New York has made steps to retrofit older school buses to reduce diesel-related pollutants, but environmentalists and several lawmakers Thursday said only a fraction of the buses on the road today are in line to be upgraded. For more information about cleaning up school busses, visit: http://www.serconline.org/schoolbus/index.html. For more on how to save your state money and clean up the environment at the same time, visit: http://www.serconline.org/fiscalreform/pkg_frameset.html.
back to top
 
Washington Effort Will Target Dangerous Flame Retardant (Seattle Post-Intelligencer 1/29)
http://seattlepi.nwsource.com/local/158494_toxic29.html

A fire retardant that has been showing up in frightening levels in Washington eagle eggs and fish -- even the breast milk of Northwest women -- is the new target of a state program devoted to reducing toxic chemicals in the environment. Gov. Gary Locke signed an executive order last week reviving an Ecology Department program, announcing that it will address the growing threat of polybrominated biphenyl ethers, or PBDEs. PBDEs, which are used as flame retardants in many consumer products, may have a number of potential negative health effects, including hormone disruption, neural damage, birth defects, and possibly cancer. California recently passed a law to ban the most dangerous types of fire retardants, and lawmakers in Maine are considering a ban. Locke's executive order instructs the Ecology Department to develop an "action plan" for dealing with the PBDE problem within a year. The governor's order doesn't give the department the money it needs to get the job done, but Locke and legislators promised yesterday to fight to include $686,000 for the program in this year's budget. Rep. Kelli Linville, who serves on the Appropriations Committee, said that "prevention of these chemicals from entering the environment is going to be more cost-effective than cleaning them up after. It makes good public health sense and good fiscal sense to do these programs." For more information about PBDEs, visit: http://www.serconline.org/PBDEs.html.
back to top
 
Cruise Industry to Come Under Additional Regulations (Honolulu Advisor 1/20; Seattle Times 1/28)
http://the.honoluluadvertiser.com/article/2004/Jan/20/bz/bz03a.html
http://seattletimes.nwsource.com/html/localnews/2001845353_ship28m0.html

Both Hawaii and Washington are moving to regulate pollution from cruise ships. Rep. Brian Schatz, chairman of the House committee on economic development, plans to propose legislation that would amend Hawaii's Clean Water Act and ban discharges of sewage, wash-water drainage, oily bilge water, solid waste, hazardous waste, and medical waste into state waters. Cruise ships would be required to install devices that would allow the Department of Health to more cost-effectively monitor discharges. Furthermore, cruise companies would be required to register ships, immediately report violations, and allow officials to board vessels for inspections. Cruise ships, paying a visit to Puget Sound, will be subject to tighter water pollution control measures under a proposed law by State Rep. Mary Lou Dickerson. HB 2549 would prohibit cruise ships from discharging sewage, oily bilge water, and graywater into state water. It would regulate any commercial passenger vessel with overnight accommodations and 50 or more paying passengers attempting to dock at a Washington port. Before entering Puget Sound, the owner or operator of each ship would be required to register annually with the state Ecology Department. They also would have to sign an agreement to comply with state waste-discharge laws. Ship owners or operators would be fined up to $25,000 for each violation. Cruise ship companies would prefer entering into voluntary agreements, but the Washington bill supporters are wary of such agreements.
back to top
 
Vermont Lawmakers Seek to Prevent Light Pollution (Burlington Free Press 1/28)
http://www.burlingtonfreepress.com/bfpnews/news/wednesday/4000h.htm

Progressive House member Bill Kiss proposed legislation this week that would gradually phase out sky-blinding outdoor lighting in Vermont. He argues that the aesthetic and economic value of a star-lit night is important to his state. The bill includes a ban on bright outdoor fixtures unless they have shields to direct light toward the ground. The ban would be phased in over four years. First, unshielded bright lights couldn't be sold in Vermont. Then, they would be banned from any new installations. Finally, old lights would have to be replaced. Those opposed to the bill include businesses that rely on intense outdoor lighting, such as ski resorts that offer night skiing, and fans of other nighttime sporting events. Some businesses also complain that the phase-out isn't gradual enough, and would be too costly in the short term. Kiss claims that he isn't as concerned with strictly enforcing the phase-out as he is with making people aware of how outdoor lighting affects viewing the night sky. For more information, visit: http://www.serconline.org/darkSkies.html.
back to top
 
California: Study Concludes High Speed Train Beneficial (San Jose Mercury News 1/27)
http://www.mercurynews.com/mld/mercurynews/news/local/states/california/northern_california/7806189.htm

A draft environmental impact statement released this week in California concludes that a high-speed train network is the most effective means of accommodating increased intra-city travel in the state. The report considers two other choices: 1) building only those airport projects and highway lanes already in planning, or 2) building those projects plus 2970 more miles of highway lanes and 60 more airport gates. According to the report, the first option would result in a traffic nightmare, and the second would cost $82 billion, more than twice as much as the best proposal, which involves the train project supplementing the airport and highway projects already in planning. The trains would link Fresno, Sacramento, San Francisco, Los Angeles, and San Diego -- 700 miles of rail line in all -- and would travel at speeds in excess of 200 mph. The entire train project will cost taxpayers $33 billion to $37 billion and carry as many as 68 million passengers a year by 2020. Gov. Arnold Schwarzenegger is urging a postponement of a bond measure on the ballot this November that would authorize part of the funding for the first third of the project. State Sen. Dean Florez, a key supporter of the project, agrees with the governor and is willing to put off the measure until 2006 when he thinks the economy might be stronger and the public more willing to foot the bill. For more ideas on how your state can accommodate its traffic needs, visit: http://www.serconline.org/trafficcongestionrelief/index.html.
back to top
 
North Carolina: Hearings to Begin on Fish Limits (Charlotte Observer 1/26)
http://www.charlotte.com/mld/observer/news/local/7797419.htm

Hearings began last week in the Carolinas on a controversial proposal to address overfishing off the south Atlantic coast, creating refuges for the bottom-dwelling reef fish that are in most trouble. Marine protected areas, as they are called, are relatively new to the Carolinas. The South Atlantic Fishery Management Council, whose jurisdiction extends from three to 200 miles offshore, has proposed nine areas from the N.C. coast to the Florida Keys where it would be illegal to catch eight species of deep-water fish, including snapper and grouper. Kerry O'Malley, a fisheries biologist with the South Atlantic Council, said the areas would be the first established in the Southeast solely to protect fish. The proposed plan is part of an effort to restore dwindling populations of 73 reef-fish species and could later include new catch limits and closures during spawning season. The Coastal Conservation Association, which represents recreational saltwater fishermen, says marine protected areas should be used only when other management tools have been exhausted, although the group supports a proposed area to protect snowy grouper. Commercial fishermen remain unconvinced of the need and successfulness of marine protected areas.
back to top
 
West Virginia Legislators to Look at Water Usage Bill (Charleston Gazette 1/27)
http://wvgazette.com/section/News/Other%20News/2004012619

SSB 163, a bill that tackles West Virginia's ownership of state water and proposes a year-long study to find out where the state's water is going, was brought before legislators last week. The survey would be conducted by the state Department of Environmental Protection over one year and include statistics from the past five years. Under the bill, industries using 750,000 or more gallons of water a month would have to send information about their water use to a five-member commission. Most industries have opposed any type of water-use legislation, even though West Virginia is only one of three Eastern U.S. states, which have not staked a claim to their own water. Property owners fear their riparian rights, which allow them to use water from a river or stream adjacent to their property, may be taken away from them. Senator Randy White commented that Western states have fought over water rights for years, and expects the debate to move East as metropolitan areas' water demand grows. Interest in the bill stems from water possibly being taken from the state and sold without West Virginia having any claim to it. For more information on how your state can monitor water usage, visit: http://www.serconline.org/land&water.html.
back to top
 
New Jersey Assembly to Bring Back Environmental Prosecutor (The Star Ledger 1/27)
http://www.nj.com/statehouse/ledger/index.ssf?/base/news-1/1075186698273260.xml

An Assembly committee backed a bill last week that would create a state environmental prosecutor, a position invented by Gov. Jim Florio, abolished by Gov. Christie Whitman, and absent so far from the administration of Gov. James E. McGreevey. Business lobbyists say the position is unnecessary because state government officials have done a good job handling environmental crimes. The proposal comes after the McGreevy administration recently won a $16.9 million fine from three companies for the contamination of Hudson and Essex counties with chromium. However, Assemblyman Louis Manzo, who investigated that case, said that the fine for those 189 contamination sites should have been much higher, and was reduced by powerful lobbying interests. Manzo said the lobbying influence would be reduced if the state reestablished the position of environmental prosecutor, which under the amended bill would be able to pursue civil penalties and criminal convictions.
back to top
 
Wisconsin Bill to Restore Comprehensive Energy Planning (The Capital Times 1/26)
http://www.madison.com/captimes/news/stories/66045.php

A bill introduced by state Rep. Spencer Black would require comprehensive planning and coordination to meet Wisconsin's electric demands. Comprehensive utility planning has been absent from the state since the late 1990's, and the bill's advocates note that, since then, electricity prices have risen by 40 percent. The bill's provisions are directed to the Public Service Commission (PSC). Among other things, the bill would require the state's adequacy and reliability of energy sources to be examined every two years and would require that conservation and promotion of renewable energy sources be a part of the PSC's plan. The bill would also allow approval of large power plants and high voltage transmission lines only if they are addressed in the PSC's plan. The Citizens' Utility Board and the Coalition of Energy Consumers, which represent consumers and major energy users in Wisconsin, both support the bill.
back to top
 
Controversy over Utah Alternative Energy Bill (The Salt Lake Tribune 1/26)
http://www.sltrib.com/2004/Jan/01262004/utah/132744.asp

Utah SB 19 is meant to stimulate alternative energy projects by providing exemptions on sales and use taxes for equipment and materials used in the construction of alternative energy projects. The bill, introduced by Senator Leonard Blackham, passed unanimously in the Senate Revenue and Taxation Committee last week. Although alternative energy advocates applaud the legislature's desire to increase Utah's role in alternative energies, they are also critical of tax exemptions for hydropower or waste-to-energy projects, unless their environmental effects can be mitigated, said Sarah Wright, director of the nonprofit Utah Clean Energy Coalition. Hydropower and waste-to-energy projects can have negative environmental effects if not planned and operated effectively. Because most of the potential for alternative energy in Utah is in projects below 1 megawatt, Wright also opposed parts of the bill that would have limited tax breaks to projects greater than 1 megawatt. Blackham has since said that he will significantly reduce the power-output threshold in the bill so that small commercial projects below 1 megawatt will be able to qualify for tax breaks. For more information on how your state can provide positive incentives for renewable energy innovation, visit: http://www.serconline.org/RPS/pkg_frameset.html.
back to top

For more information about SERC, or to use our services, contact our national headquarters at:
State Environmental Resource Center
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: info@serconline.org