Wildlines Archives
Volume II, Number 22
June 3, 2003
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:
 
 
 
 
 
 
 
 
Minimum Stream Flow
Massachusetts Senate Approves Stiffer Environmental Laws
Nevada Attempts to Privatize Water
 
California Bill Targets Tax Policy That Adds to Sprawl
Maine Bill on Forestry Harvest Sent to Governor
Massachusetts Mercury Cuts of 90 Percent Possible
States Consider Adopting Renewable Portfolio Standards
AL Governor's Plan Would Require Large Timberland and Farm Owners to Pay More of Their Share
Maine Governor Signs Bills to Protect Health, Reduce Pollution
California Assembly Moves to Ban Toxic Flame Retardants
Environmentalists Oppose Attempt to Repeal Key Recycling Law in Iowa
Minimum Stream Flow
In 1998, the United States Environmental Protection Agency reported that unnatural river and stream flow is the second greatest threat to water quality in the United States. Water is a finite resource, and the competing interests that need clean water must be balanced. We also have to remember to provide for future generations. To address this problem it is necessary to recognize that both streams and rivers need to have a certain minimum flow, or minimum stream flow. Minimum stream flow is the amount of water flow necessary to preserve stream values, or the minimum lake elevation necessary to preserve lake values. The water that remains in reach of a river or in a lake protects fish and wildlife habitat, aquatic life, navigation, transportation, recreation, water quality or aesthetic beauty. This is the first step in addressing water quality issues while providing clean water for aquatic ecosystems, wildlife, recreational and hunting interests, agriculture, and human communities. Minimum stream flow is an approach that can be used to help restore the country's most overburdened streams and rivers. By using the minimum stream flow approach states can also tame unregulated groundwater withdrawals that have been shown to dramatically affect bodies of water. For more information on how your state can implement minimum stream flow regulations visit: http://www.serconline.org/streamflow/pkg_frameset.html.
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Massachusetts Senate Approves Stiffer Environmental Laws (Boston Globe 5/30)
A recent oil spill that sent nearly 100,000 gallons of oil into Buzzards Bay, MA, prompted the Massachusetts Senate to approve a budget amendment that would create some of the stiffest penalties in the US for violations of environmental laws. Under the proposed law, individuals could face up to 20 years in prison and forfeit up to $100,000 for negligently violating environmental laws. Companies would forfeit up to $250,000 for first-time offenses and $500,000 for subsequent offenses. Furthermore, if their violation resulted in human injury, companies would face first-time fines of up to $500,000 and subsequent fines of up to $2 million. Adam Schafer, program director for the National Caucus of Environmental Legislators, believes that the measure, if enacted, would definitely set a precedent for other states to follow. The April 27th spill resulted in a 13-mile oil slick and has since impacted nearly 94 miles of shoreline. Buzzards Bay is home to between 30 and 50 pairs of threatened piping plovers and one-half of the world's breeding pairs of the endangered roseate tern. For more information on how your state can enforce environmental laws visit: http://www.serconline.org/enforce/pkg_frameset.html.
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Nevada Attempts to Privatize Water
Another attempt to privatize water supplies in this country is moving through the Nevada legislature. SB487, introduced in March 2003, has rapidly passed through the Senate and through the Assembly's committee on Government Affairs. The bill seeks to allow counties with a population under 400,000 to enter into contract with a private corporation or other entity that will pay for the acquisition, development and distribution of the county's water resources. Therefore the public water resources of all counties except Clark County, home to the ever growing Las Vegas metropolitan area, could be privatized for a profit. The individuals deciding this are the elected board commissioners of the county. The bill does not contain any stipulations for any public meetings that would detail the facts of the sale. The sponsors of the bill contend it is necessary to allow counties to do this in order to provide for their economic, health, safety, and general welfare. One agreement between Lincoln County and Vilder Water Company already exists. Assemblywoman Sheila Leslie said she opposes the bill because it, "would allow agreements like one already made between Lincoln County and Vidler Water Co. to split profits from water sales to the fast-growing Las Vegas area." SB487 would also go against the state's 150 year old laws guaranteeing that water is a public resource not a private one. This bill clearly has been designed to acquire profits for a few individuals and to support the wasteful habits of corporate lobbyists while pitting less populated counties against one metropolitan area. Water is a precious public resource and should not be sold to the highest bidder.
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California Bill Targets Tax Policy That Adds to Sprawl (Los Angeles Times 5/29)
Proposition 13, now 25 years old, established a revenue structure that favored sales tax over property tax. The result, which can be seen today in cities across California, is sales-tax-generating retail chain stores and auto malls taking up land that should have been designated for urban housing and light manufacturing. In other words, housing sprawl, long commutes and foul air quality. This may change, however, thanks to the bipartisan efforts of Assemblymen Darrell Steinberg (D-Sacramento) and John Campbell (R-Irvine) and their new bill, AB 1221. If passed, the measure will transform the fundamental structure of local government financing, swapping a half-cent of sales tax for a comparable amount of property tax in hopes that doing so will encourage future development to be housing rather than big-box driven. For more information about this type of issue visit: http://www.serconline.org/sprawl/pkg_frameset.html.
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Maine Bill on Forestry Harvest Sent to Governor (Portland Press Herald 5/30)
A Maine bill that aims to limit the use of a destructive timber collection practice known as "liquidation harvesting" has passed both the house and senate and is ready for Governor John Baldacci's signature. Liquidation harvesting is the practice of stripping a forested area of its most valuable lumber and then partitioning the land and selling it within five years, a method of forest management that is ecologically unsound and places those who choose to harvest trees in a sustainable manner at a competitive disadvantage. Approximately 6 to 8 percent of Maine's forests are harvested in this way each year, but HP 1194 seeks to rectify that by authorizing state forestry officials to draft regulations that curtail timber harvesting practices that don't promote healthy, sustainable forests (i.e., forests that are comprised of balanced age classes). For more information on forest management plans visit: http://www.serconline.org/forestrystateinfo.html.
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Massachusetts Mercury Cuts of 90 Percent Possible (Environment News Service, 5/28)
The Massachusetts Department of Environmental Protection (DEP) is poised to issue stricter regulations regarding mercury emissions from four power plants in the state. How strict those regulations are depends on whether the DEP heeds the counsel of a report recently released by a coalition of environmental organizations that advocates the attainability of a 90 percent reduction in airborne mercury effluence. The report coincides with the release of a similar study by the National Wildlife Federation, which found that mercury levels in the rainfall of 12 eastern states exceed federal health standards for people and wildlife. Mercury pollution -- 85 percent of which is created by coal fired power plants -- is rising in rank among the environmental hazards that threaten the East. "We estimate that 118,000 women of childbearing age in Massachusetts are exposed annually to mercury levels that could harm their unborn children," said Eric Palola, director of the National Wildlife Federation's northeast regional office. Mercury is toxic when ingested or touched. After being released into the atmosphere, it returns to the earth in the form of precipitation, at which point it is broken down into methyl-mercury by bacteria and bio-magnified as it moves up the food chain. Eventually, it can end up in human water and food sources, contaminating fish, for example, or water supplies like Boston's Quabbin Reservoir. For more information about how your state can reduce mercury poisoning visit: http://www.serconline.org/mercury/pkg_frameset.html.
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States Consider Adopting Renewable Portfolio Standards (Chicago Tribune 5/28, Caspar Star Tribune 5/22)
Illinois and Wyoming are both considering adopting renewable portfolio standards (RPS) that would require energy companies to purchase a certain percentage of their power from renewable sources. Wyoming is considering requiring 10 percent renewable sources by 2010 and 20 percent by 2020 -- standards that have already been adopted in California and Nevada. Illinois is considering lower standards -- 5 percent renewables by 2010 and 15 percent by 2020. Utility companies in IL are trying to lower the standards even further, favoring 2 percent renewables by 2007, a level that could be met simply by marketing existing green power sources better. Iowa, Wisconsin and Minnesota have all adopted RPS in the 2-4 percent range. For more information on how your state can adopt a renewable power standard visit: http://www.serconline.org/RPS/pkg_frameset.html.
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AL Governor's Plan Would Require Large Timberland and Farm Owners to Pay More of Their Share (The Birmingham News 5/29)
Seventy-one percent of the land in Alabama is timber, yet that property produces less than 2% of the state's $205.5 million in annual property taxes. Intent on fixing a broken property tax system by adding fairness, Governor Bob Riley has proposed a number of changes to the code, which would affect the way Alabama farms and timberland are taxed. One change would alter the formula used to determine land value; another would calculate the tax based upon the full amount of the property value, instead of the current 10% of property value. Overall, however, the tax rate applied to property would decrease nearly 50%. Furthermore, owner-occupied lands of less than 200 acres would be exempt. The plan is meeting stiff resistance from powerful interest groups, who claim that the plan unfairly increases their taxes more than other landowners. Plan proponents counter that farmers and timberland owners are only paying more of their own share. Yet another view believes Riley's plan does not even the playing field enough, noting that the plan would continue to allow major players in the timber industry to pay a fraction of what most homeowners pay.
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Maine Governor Signs Bills to Protect Health, Reduce Pollution (NRCM Press Release 5/29)
Maine Governor John Baldacci has signed three bills to protect public health and the environment from mercury and lead pollution. The three bills signed by the Governor include: LD 697, an Act to Require the Installation of Dental Amalgam Separator Systems in Dental Offices, that will remove 98% of the mercury in wastewater discharges that results from dental work on mercury fillings; LD 743, an Act to Develop a Plan for Cathode Ray Tube (CRTs) Disposal, that bans the disposal of CRTs from computer monitors and televisions in landfills and incinerators by January 1, 2006 and that requires a plan by January 30, 2004 to collect and recycle CRTs; and LD 1159, an Act to Reduce Mercury Use in Measuring Devices and Switches, that bans the sale of many mercury-containing products, such as mercury fever thermometers and residential mercury thermostats, by July 1, 2006 and requires a plan to improve collection and recycling of old mercury thermostats. Maine is one of the first four states in the country to require dentists to install separators to reduce mercury discharges into the sewer systems that empty into rivers and bays. The disposal of CRTs, which each contain four to eight pounds of lead, poses environmental health hazards. "Reducing mercury and lead in the environment will help prevent learning disabilities in our children," said Sandra Cort, immediate past president of the Learning Disabilities Association of Maine. For more information on how your state can reduce mercury poisoning visit: http://www.serconline.org/mercury/pkg_frameset.html.
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California Assembly Moves to Ban Toxic Flame Retardants (LA Times 5/28)
The California Assembly passed a bill that would ban use of toxic flame retardants, called polybrominated diphenyl ethers (PBDEs), that are building up in the bodies of people and wildlife around the world. PBDEs were designed to protect the public from fires by suppressing the flammability of plastics and polyurethane foam in upholstery, building materials and electronic equipment, including TVs and computers. Scientists are alarmed by the compounds because concentrations in American women and their babies are approaching levels that scientists believe can harm the developing brains of newborns and young children. PBDEs pass through a mother's womb and are readily absorbed by a fetus. Americans carry on average 10 to 70 times more PBDEs in their breast milk, tissues and blood than Europeans. Most likely, PBDEs are being ingested from consuming fish and inhaling particles and gases given off by furniture in homes and offices. The U.S. Environmental Protection Agency, which is conducting a risk assessment of PBDEs, has no current plans to regulate them. Industries used 135 million pounds of PBDEs in 2001, half of them in the U.S. and Canada. The Assembly bill would ban the manufacture and use of two types of PBDEs beginning in 2008. Known as penta and octa PBDEs, they are applied mostly to upholstered furniture and building materials. If enacted, the law would make California the first state to regulate use of PBDEs. The bill now goes to the Senate, which will begin debate this summer.
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Environmentalists Oppose Attempt to Repeal Key Recycling Law in Iowa (ENN 5/27)
The Coalition to Oppose Attacks on Recycling in America, composed of eight leading national, state and local recycling and environmental organizations, has opposed legislation awaiting Iowa Governor Vilsack's signature. The bill was introduced to amend the current Iowa law banning the disposal of yard trimmings so that grass and leaves can be landfilled at the Des Moines landfill instead of being composted. According to Allen Hershkowitz of the Natural Resources Defense Council, "Iowa's yard waste ban has been a huge success in reducing the need for additional landfills and promoting successful composting of yard trimmings, and it should be maintained." "The proposal would overturn source separation programs for composting yard trimmings and an Iowa ban on yard trimmings in landfills. Yard trimming programs have also been enacted in at least 21 other states," said Bill Sheehan, co-director of the Athens, GA-based GrassRoots Recycling Network. The Coalition believes that the proposal would dramatically undermine the Nation's recycling and composting efforts, and be a threat to the environment.
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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