Home > Wildlines Archives > Wildlines, Volume III, Number 27
Volume III, Number 27
July 6, 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:
 
 
 
 
 
 
 
 
Community Revitalization
States Oppose Planned Mercury Rules
ALEC's "Ecoterror" Bill Rejected by States
 
Legislature Adjourns Without Funding for ME's Land for Future Program
NY Bills Target the Environment
Rhode Island House Passes RPS Increase
New Jersey Permit Acceleration Bill Runs Into Questions
Delaware Biodiesel Bill Passes Senate
Missouri Gov. Signs Series of Environmental Bills
Delaware Senate Approves Recycling Plan
PA's "Growing Greener II" Proposal Could Be a Windfall for Conservation
Community Revitalization

Although the issue of community revitalization may at first appear somewhat removed from environmental concerns, closer examination reveals that there is a strong relationship between the strength of cities and the health of the environment. Many neighborhoods in U.S. urban areas are in a state of economic stagnation or decline. As middle and upper class residents move farther away from downtowns and into distant suburbs, businesses tend to follow. This process pulls tax dollars and employment opportunities away from the centers of cities causing infrastructure to deteriorate, public schools to be underfunded, and unemployment levels in existing communities to increase. In many metropolitan areas, development is expanding so far out onto new acres and financial resources are getting spread so thinly that neighborhood deterioration is a problem now facing many inner suburbs as well as central cities. Without state action, this cycle of urban decay and suburban sprawl will continue to perpetuate itself leading to increased traffic congestion, higher levels of pollution, and loss of farmlands, forests, and wildlife. Fortunately, there are a variety of tools state legislators can employ to revitalize communities and bring economic vigor back to the interiors of urban areas while limiting sprawl on their fringes. Many community revitalization techniques use incentives or subtle shifts in regulations to accomplish their goals. Therefore, community revitalization legislative initiatives are often accomplished at little or no expense to taxpayers. Not only is community revitalization a necessary element of any state's overall strategy for controlling the environmental problems associated with sprawl, it also helps cities become more fiscally efficient and promotes social and economic equity. For more information on community revitalization, visit: http://www.serconline.org/community/pkg_frameset.html.
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States Oppose Planned Mercury Rules (Hartford Courant 6/29)
http://www.ctnow.com/news/local/hc-apmercury0629.artjun29,1,3920900.story?coll=hc-headlines-local

Eleven states formally announced their opposition to a federal proposal that would give coal-fired power plants flexibility in cutting mercury emissions. The group, mostly officials from Northeastern states, claimed the rules being considered by the U.S. Environmental Protection Agency would weaken pollution standards and provide industry with loopholes that could endanger public health. The Bush administration plan would set nationwide limits on pollution below current levels and allow plants unable to reduce their share to pay for cuts by other plants that do more than required. It also envisions cutting mercury emissions by 70 percent by 2018. This is in contrast to a Clinton administration plan, which would have cut emissions by 90 percent by 2008, required utilities to install the best available technology, and prohibited the trading of pollution credits. The states that filed their opposition to the Bush plan include Connecticut, New Jersey, Pennsylvania, New Mexico, California, Maine, Massachusetts, New Hampshire, New York, Vermont, and Wisconsin. The states are concerned about mercury contamination of their lakes and streams. Mercury pollution often drifts from coal-burning power plants hundreds of miles away, settles in waterways, and accumulates in fish. The U.S. Food and Drug Administration has warned that high levels of mercury in some fish, including albacore tuna, can pose a hazard for children and pregnant or nursing women. For more information on how your state can reduce mercury pollution, visit: http://www.serconline.org/mercury/pkg_frameset.html.
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ALEC's "Ecoterror" Bill Rejected by States

In 2002, ALEC's Criminal Justice Task Force endorsed their model Animal and Ecological Terrorism Act (AETA), playing upon current terrorism fears. The legislation, containing overly vague language and increased penalties for violent crimes already covered under existing laws, is designed not to protect hunting, fishing, livestock farms, and animal research facilities but to suppress legitimate environmental, animal rights, and family farm advocacy. The act defines an "animal or ecological terrorist organization" as "two or more persons with the primary or incidental purpose of supporting any politically motivated activity... intended to obstruct, impede, or deter any person from participating in a lawful animal activity" or in "mining, foresting, harvesting, gathering, or processing natural resources." This and other passages in the act could be used to prosecute mainstream environmental groups engaged in nonviolent advocacy work. People providing support to such organizations -- even in the innocuous form of a monetary contribution -- could also be prosecuted. The legislation also authorizes the creation of a "terrorist registry." This is a dangerous piece of legislation that threatens the legitimate work of many organizations, and does nothing to accomplish its stated purpose. AETA is a bill concocted by corporate donors, right-wing interests, and fringe non-profit groups who seek to silence the legitimate opinions of citizens and well-established environmental groups. The bill was introduced in New York and Texas in 2003; in 2004, it was introduced in Arizona, Hawaii, South Carolina, and Washington. All of these states have rightly rejected AETA -- in Arizona, the House bill was withdrawn and the governor vetoed the Senate version. None of the other bills made it out of committee. Despite their continued failure to pass an AETA bill, expect ALEC to push this model again next session. For more information about ALEC, visit: http://www.serconline.org/alecIndex.html.

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Legislature Adjourns Without Funding for ME's Land for Future Program (Smart Growth Online 6/22)
http://www.smartgrowth.org/news/article.asp?art=4160&state=20

Distressed over the Maine state legislature's failure to act on a bond package aimed at revitalizing the Land for Maine's Future program, a coalition, including Governor John Baldacci, the Natural Resources Council of Maine, and the Corporate Conservation Council, has formed. The Land for Future program was originally created to help conserve land, lakes, streams, and the oceanfront of Maine. Maine currently ranks fourth nationally in attracting new residents, only behind the larger states of California, Arizona, and Nevada. Much of the attraction is predicated on the preservation of open space. Opponents of the bond package claim that proposed funds for transportation, environment, and land use were too high. The coalition is scrambling to make a deal with legislators and Governor Baldacci is considering calling a special session in order to present the package to voters in November. For more information on how your state can fund land conservation, visit: http://www.serconline.org/conservationfunding/index.html.
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NY Bills Target the Environment (Democrat and Chronicle 6/29) http://www.rochesterdandc.com/news/0629story010513_news.shtml

The New York legislature passed a series of environmental bills at the end of June, hoping to encourage investment in renewable energy and reduce environmental pollution. A 4245-a/S 4890-c would expand the state's "net metering" regulations to include residences that use wind to make electricity. "Net metering" is a special metering and billing agreement between utilities and their customers that facilitates the connection of small renewable energy-generating systems to the power grid. These programs encourage small-scale renewable energy systems, ensure that customers always have a reliable source of energy from the grid during times when their renewable generators are not producing energy, and provide substantial benefits to the electric system, the economy, and the environment. A 10051-a/S 7399b would address the threat of mercury pollution by requiring manufacturers to rigorously label mercury-containing products and strengthening rules for the collection, storage, and disposal of such products. Both houses of the legislature also passed S 4975b/A 11693/A 5930-d, legislation aimed to phase out the use of creosote and prohibit burning creosote-coated wood or putting it in unlined landfills. Creosote, a condensate distilled from coal tar, was used for decades as a wood preservative and has been known to cause cancer in fish and wildlife. The bill would exempt the railroad and utilities from the ban. A 10050-a/S 7621 would restrict the manufacture, process, and sale of certain brominated flame retardant chemicals in a range of consumer products, including computers, furniture, and textiles. Brominated flame retardants are thought to be harmful to mental and physical development. The bills will now go to Gov. George Pataki for final approval. For more information on net metering, visit: http://www.serconline.org/netmetering/index.html. For more information on preventing mercury pollution, visit: http://www.serconline.org/mercury/pkg_frameset.html. For more information on how states are dealing with PBDEs, visit: http://www.serconline.org/PBDEs.html.
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Rhode Island House Passes RPS Increase (Providence Journal 6/25)
http://www.projo.com/business/content/projo_20040625_energ25x.142e21.html

The Rhode Island General Assembly has passed a bill that will gradually increase the amount of electricity supplied to the state from renewable energy sources, such as the sun and wind. The Clean Energy Act boosts the amount of "green power" to 16 percent by the year 2020. Renewable energy sources, excluding large hydroelectric plants, now supply about 2 percent of the electricity used in Rhode Island. Supporters say the act will help lower reliance on traditional fossil fuels, such as coal, oil, and natural gas, and also help reduce air pollution, because less of these fuels would be burned to make electricity. The act could, however, result in slight increases in electricity rates, beginning in 2007. If Governor Carcieri signs the bill into law, Rhode Island would join at least 13 other states, including Massachusetts, Connecticut, and Maine, that have similar renewable energy supply requirements. For more information on how your state can pass an RPS bill, visit: http://www.serconline.org/RPS/pkg_frameset.html.
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New Jersey Permit Acceleration Bill Runs Into Questions (Star-Ledger 6/23; 6/26)
http://www.nj.com/statehouse/ledger/index.ssf?/base/news-1/1087975066222620.xml
http://www.nj.com/statehouse/ledger/index.ssf?/base/news-1/1088226658296510.xml

A week after the New Jersey Assembly passed his Smart Growth bill, Assemblyman John McKeon introduced legislation to amend it. The controversial bill is designed to streamline the building permit process by requiring the State Departments of Environmental Protection (DEP), Transportation (DOT), and Community Affairs (DCA) to respond to applications within 45 days. It also created a Smartgrowth ombudsman to expedite projects in state designated growth areas, empowered with veto power over the regulations of each agency. The controversy surrounds the definition of the word permit -- any permit or approval issued by DEP or DOT, with a few exceptions, and many of the permits issued by the DCA. Opponents fear that this language includes dozens of different types of decisions, such as toxic cleanup approvals, requests to alter flood zones, requests to install or remove an underground storage tank, approvals of plans meant to prevent catastrophes at chemical plants, and requests to build on land preserved under the Green Acres program. Additionally, critics argue that the ombudsman's veto power over agency rules that hinder the state's growth plan need to be narrowed to exempt environmental regulation. The bill is currently awaiting approval by Governor James McGreevey. McKeon's proposed amendments would exempt all of the New Jersey northern Highlands from the so-called smart growth bill, including a 365,000-acre planning area that will include state-recommended growth areas, and would exempt important environmental permits from being included in the bill. Environmentalists praise McKeon for proposing the changes but cite them as evidence of an inherently flawed bill. Proponents of the bill, including the New Jersey Business and Industry Alliance, say it is too early to make changes since agencies have not yet had a chance to review the legislation and propose necessary rules. For more information on smart growth legislation, visit: http://www.serconline.org/sprawl/pkg_frameset.html.
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Delaware Biodiesel Bill Passes Senate (News Journal 6/21)
http://www.delawareonline.com/newsjournal/local/2004/06/21biodieselbillap.html

Delaware SB 321 is designed to help clean the air by reducing pollution from diesel engines, reducing U.S. dependence on foreign petroleum, and aiding farmers. The bill has been approved by the Senate and now is awaiting consideration in the House. The legislation would aid soybean farmers by expanding the market for their crops, and comes as a company gets ready to build an estimated $8.2 million soydiesel production plant in Clayton that is expected to produce up to 5 million gallons of the fuel annually. The bill would require that all diesel sold in the state be at least 2 percent biodiesel. The fuel is made by blending diesel oil with a vegetable oil such as soybean oil or animal fat. The material helps replace sulfur as a lubricant in diesel fuel and reduces emissions of hydrocarbons, carbon monoxide, and soot. It is estimated that the biodiesel would initially cost 2 cents more per gallon than conventional diesel, which is of concern to some lawmakers and petroleum industry representatives. A House version of the bill would push its effective date back to 2006. To learn more about the benefits of biodiesel, visit: http://www.serconline.org/biodiesel/index.html.
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Missouri Gov. Signs Series of Environmental Bills (Jefferson City News Tribune 6/23)
http://newstribune.com/articles/2004/06/23/news_state/0623040006.txt

In June, Missouri Gov. Bob Holden signed into law a package of four environmental bills aimed at reducing health and environmental risks from hazardous waste, encouraging responsible recreation, and expanding testing for toxicity levels in children. SB 1083 will expand on the state's current law for testing children, depending on their exposure risk, for lead poisoning. The law will require testing of children under six months old, whereas the old law required testing of children between the ages of six months and six years. SB 1040 extends a fee paid by generators of hazardous waste until June 30, 2006. The fee was set to expire next January and helps pay for the safe collection and disposal of hazardous waste. The bill will establish legislative committees to ensure funding for responsible waste disposal, and ease reporting requirements for state businesses that treat hazardous waste. It will also reallocate a fee charged per-ton-of-trash, in order to pay for safe waste disposal and the persecution of illegal dumpers. SB 901 changes the jurisdiction over monitoring and cleanup of petroleum underground storage tanks from the Clean Water Commission to the state's Hazardous Waste Management Commission. SB 810 promotes the designation of new trails for hiking, biking, and walking within the state. The legislation will relieve private land owners of civil liability if their property adjoins state-, city-, or county-managed trails. In this way, the state hopes to promote trails where private property owners might otherwise object to them. For more information on lead poisoning and biomonitoring, visit: http://www.serconline.org/biomonitoring.html.
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Delaware Senate Approves Recycling Plan (News Journal 6/17)
http://www.delawareonline.com/newsjournal/local/2004/06/17senateapprovesr.html

The Delaware Senate voted, two weeks ago, to unanimously approve a mandatory recycling requirement for the state, including a four-year deadline for reaching a 40 percent recycling rate for household and commercial wastes. SB 245 mandates a statewide recycling program and establishes targeted diversion rates for the state. It also requires the Delaware Solid Waste Authority to achieve a total diversion rate for residential solid waste of 30 percent and a total diversion rate for all other solid waste of 50 percent. The bill moved into the House for consideration. Action on SB 245 followed last-minute compromises by three groups working to develop a statewide curbside recycling program. Delaware Solid Waste Authority officials released a draft proposal for curbside pickups as part of a joint effort with state environmental regulators and an administration panel. The compromise requires development of a detailed financing and operations plan for a mandatory recycling program by Dec. 31. Delaware's Department of Natural Resources and Environmental Control, the waste authority, and Gov. Ruth Ann Minner's Recycling Public Advisory Council will collaborate on the proposal. All three already had announced a plan to hold public hearings this fall on curbside recycling options.
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PA's "Growing Greener II" Proposal Could Be a Windfall for Conservation (Smart Growth 7/04)
http://www.smartgrowth.org/news/article.asp?art=4164&state=39

Pennsylvania Governor Ed Rendell's $800 million Growing Greener II environmental package, which would include $330 million for agricultural, forest, and open space preservation and $170 million for community revitalization, historic preservation, and smart growth plans, is set to go before voters this November if approved by the legislature. The package would also provide $300 million for improving river and stream quality, promoting clean fuels, harnessing alternative energy sources, reclaiming old mines, and cleaning up brownfields. Presently, due to budget constraints, only one out of every four applicants is accepted into the state's development rights purchase programs. Voters in the state approved a similar package in the late 1980s. For ideas on how to fund conservation in your state, visit: http://www.serconline.org/conservationfunding/index.html.
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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