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President: Anne Poole
Legislative Director: Michael Pisauro

Oct-Dec 2006 News
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Volume 36 No. 2
April-June 2006 News
April - June 2007
Jan-March 2006 News

Legislative Update - by Michael L. Pisauro, Jr.
Topics include: Garden State Preservation Trust, Highlands Draft Regional Master Plan Public Comment Period, Recycling & Creosote.
Read More ...

A Good Decision By DEP -
Ban on Aerial Spraying of Broad Spectrum Pesticide Dimilin Remains in Effect.
Read More ...

EEF Welcomes New Board Member, Says Goodbye To A Staff Member -
The Environmental Education Fund began the new year by installing Brenda Holzinger on its Board of Trustees
Read More ...

2007 Reception and Environmental Awards -
Please join the Board of Directors and members and supporters of NJEL as we honor three outstanding individuals for their contributions to New Jersey's natural environment and quality of life.
Read More ...

Collaborations -
In late February NJEL signed a letter of support for Federal appropriations for adding acreage to four National Wildlife Refuges within New Jersey's borders.
Read More ...

EEF's Watershed Education Program -
In October, NJEL Board member Eugene Fox volunteered to assist EEF with its student education project.
Read More ...



Legislative Update
-
by Michael L. Pisauro, Jr.

Garden State Preservation Trust

The funding program used by New Jersey to preserve open space, farms, and historic sites is about to expire. Without action before July 1st by the Legislature the Garden State Preservation Trust (GSPT) will expire. Counties, municipalities, and non-profit conservation organizations will have no financial support from the State for preserving and protecting land from development. Assembly Concurrent Resolution 10 (ACR 10) was passed out of Committee on March 29.

With bipartisan sponsorship, the resolution would dedicate $175 million a year from existing sales tax revenue to renewal of the GSPT. ACR 10 would allow the revenue to fund land acquisition, other capital projects, and operations and maintenance.

ACR 10 would expand the allowable uses of the GSPT to include "Blue Acres," by which municipalities could protect flood-prone areas. The GSPT is vital for continuing land preservation in New Jersey. An estimated 65% of financing for farm, open space, and historic site preservation has been provided by the GSPT.

The companion resolution in the NJ Senate is SCR 136. Unfortunately, the Senate has not acted and Governor Corzine has not made his intentions and preferences known regarding the shape and funding level for the GSPT. NJEL calls for the Governor to exercise leadership on this issue, and for the Senate to act.

New Jersey is the most densely developed state in the country. If we continue on the current path of destruction of open space, the state will be "built out" in 25 years. Although vacant building lots appear on municipal maps, they were designated decades, some more than a century, ago. They could in fact, be viewed as theoretical. Full build-out would be unsustainable in terms of water, waste disposal, and traffic. To ensure a reasonable quality of life for ourselves and future generations, and to sustain New Jersey's vital tourist and agricultural industries, we have no alternative but to protect open space from development.

Because sales tax use is a constitutional question, funding for the Trust requires a ballot question in the November election. Please contact your State Senator and urge him/her to take action to place the measure on the ballot. Also, write to or email Gov. Corzine and ask him to take a leadership role.. If you do not know your Senator, you can use the NJEL/EEF web site to find out. You can even send an email by using the links to State lawmakers.

Visit www.njenvironment.org and click on "NJ Politicians."

Highlands Draft Regional Master Plan Public Comment Period

The deadline for public comments has been extended to May 11. NJEL's Legislative Director, as well as several Board members, are examining the draft elements, have attended public meetings, and will be formulating comments. Visit www.highlands. state.nj.us/njhighlands/master/draft_rmp.html

Recycling

As noted in NJEL's Summer 2006 newsletter, recycling rates in New Jersey have declined. The State and many counties are making concerted efforts to educate the public and enforce recycling laws. Bills are in development in both the Senate and the Assembly to increase the use of recycled plastic, with the expectation that this will improve the market for post-consumer plastic. A2850/S556 would require that all plastic containers manufactured or offered for sale in NJ contain at least 25% recycled content by 2008. Unfortunately, opposition by several industries led to numerous exclusions, such as beverage containers, personal care products, and food containers. However, it is a start.

Two divergent bills have been introduced for electronic waste recycling. To fund an enhanced electronic product recycling program, A3572 would impose a fee of 50 cents per lb. of electronic material produced by a manufacturer, or a manufacturer could set up its own program. NJEL believes that this proposal would require complicated reporting, tracking and auditing and would require disproportionate administrative effort in the Department of Environmental Protection. As the bills stand now, NJEL prefers the Senate version, S554, under which a nominal fee would be paid by the consumer at the time of purchase. Fees would be based upon the size of the device's screen. As proposed, the bills cover only devices with screens in excess of 4 inches. For example, cell phones, pda's, and portable video players are excluded.

Creosote

Committees in both the Senate and the Assembly released bills to prohibit the use of creosote in the State, except for utility poles and railroads.

A Good Decision By DEP -

Ban on Aerial Spraying of Broad Spectrum Pesticide Dimilin Remains in Effect

In January, NJEL received an alert from the New Jersey Environmental Federation (NJEF) about the NJ Department of Agriculture's request that the Department of Environmental Protection allow aerial spraying of the pesticide Dimilin on 6,000 acres of state land and 27,000 acres in 22 municipalities, including residential areas. For over two decades, DEP banned aerial spraying of broad spectrum pesticides on non-agricultural land. The Department of Agriculture applied to DEP for a waiver in order to control gypsy moths in NJ state forests and private lands. For many years, the natural pesticide Bt (bacillus thuringiensis) was safely used to control gypsy moth caterpillars, which eat the leaves of oak trees and some other hardwoods.
Ironically, the Dept. of Agriculture made the request in response to observations by the NJ Forest Service, a division of DEP. The Service reported larger than expected gypsy moth egg masses in the forest canopy, leading to the conclusion that Bt is ineffective, even though it has been used successfully for years. When conditions are favorable to the moth populations, Bt must sometimes be applied twice, however.
The decision to spray municipal and private property rests with the town. The costs are also borne by the town. A number of environmentalists took issue with the Department of Agriculture's conclusion about the necessity for using Dimilin as well as the way the choice was presented to local jurisdictions. An observer at one public meeting reported that although no definitive cost comparison was made, it was strongly implied to local officials that a single Dimilin application would be cheaper than two applications of Bt. No cost was assigned to the effects on human health or to the toxic effects on aquatic organisms and beneficial insects. For cash-deprived towns, whose employees and officials may not be educated about forest management and toxins, Dimilin sounds good.
The window of opportunity for public notification and action was also narrow. "Two dry springs" were cited as creating conditions favorable to higher caterpillar populations, but by the time the proposal to use Dimilin was made public, municipal officials had a limited amount of time to make a choice in time for the 2007 growing season.
As with many substances that are deemed "safe" by the US EPA, all of the effects of Dimilin are not understood. However, with information from the Environmental Federation's expert, Jane Nogaki, and research of literature by NJEL volunteers found that Dimilin:
- takes months to break down
- has been shown to change the foraging and migrating habits of aerial species
- has been identified as a possible human carcinogen.
- kills other species that perform natural pest control, such as ladybugs, praying mantids, and butterflies
- decreases oxygen levels in the blood of humans and is an endocrine disruptor, capable of decreasing testosterone.
NJEL believes that the Forest Service took a narrow view of the problem and the solution. Some research indicates that use of Dimilin may prolong infestations. The focus on the forest canopy ignores the effects of broad spectrum pesticides on the forest floor and also ignores evidence that some defoliation of the canopy is beneficial, allowing an increase in sunlight penetration to understory vegetation. Contrary to popular belief, an attack by caterpillars usually does not kill a tree. Much of the concern about gypsy moths is aesthetic and that is not a justification for exposing the public to toxins.
NJEL sent Gov. Corzine a letter that cited the above and requested that there be no waiver for aerial spraying of Dimilin.
We are pleased that on January 29, DEP denied the waiver. DEP stated that the "case for Bt being ineffective was not made. . ." and that "the department cannot categorize the estimated gypsy moth problem for 2007 as an 'environmental emergency'."
NJEL applauds Jane Nogaki and the Environmental Federation for quickly marshalling its members and other environmental organizations to prevent the unnecessary exposure of New Jersey's residents to toxins.
NJEL also applauds DEP for making a decision that puts the health of New Jersey's residents and ecosystem first. Unfortunately, after DEP's decision, public comments by some municipal officials show that additional public education about chemical pesticides is needed. The disappointment expressed by some indicate that they do not understand the negative effects and long term costs of a seemingly quick solution.

EEF Welcomes New Board Member, Says Goodbye To A Staff Member -

The Environmental Education Fund began the new year by installing Brenda Holzinger on its Board of Trustees. Currently on the staff of the New York/New Jersey Trail Conference, Brenda is also a professor at Fairleigh Dickinson University. Brenda brings an impressive background in academia, law, administration, and environmental activism to EEF. Brenda holds a BA (major in Government, minor in Studio Art) from Pomona College in Claremont, CA. She earned graduate degrees from Cornell University and Rutgers University's Eagleton Institute, as well as a Juris Doctor from the Rutgers University School of Law. Brenda has held administrative positions in academia and taught political and environmental courses at various universities. From 1989 to 1991 she served as a staff attorney in Region 3 (Philadelphia) of the U. S. Environmental Protection Agency. Brenda has an extensive list of public policy and environmental presentations and publications to her credit.
Brenda's volunteer credentials include her present positions as the Conservation Chair of the North Jersey Adirondack Mountain Club and the photographer for the Mohonk Preserve in New Paltz, NY. Brenda was a member of the Citizens Committee to Save Cayuga Lake and Citizens United Against Wal-Mart on Wetlands, both in Ithaca, NY.

Neal Maloney joined EEF in early December as Assistant Project Manager. A 2006 graduate of Cook College, Neal majored in Environmental Policies, with a minor in Business Economics. Neal performed research on environmental subjects, prepared material for public events, updated EEF's files and reference material, and assisted with EEF's participation in the Earth Share NJ workplace giving federation. While NJEL recruited for an NJEL position, Neal came forward to provide interim assistance, devoting a few hours each week to managing NJEL's membership system and performing administrative tasks and IT troubleshooting. Neal recently resigned to pursue graduate studies. "I'm thrilled to have worked here and to have had this opportunity as the one starting my environmentally-focused career," said Neal about his position. We hope Neal will follow through on his plans to stay involved as a member of NJEL and supporter of EEF. If Neal's performance as an EEF staffer is any indication, he will be a stellar performer in his future academic and professional pursuits. Neal's message to EEF's donors: "Thank you for making my work with EEF possible."

2007 Reception and Environmental Awards -

Please join the Board of Directors and members and supporters of NJEL as we honor three outstanding individuals for their contributions to New Jersey's natural environment and quality of life. On Sunday, April 22, NJEL will host its 2007 Awards Reception at 1:30 PM. at the Morris County Cultural Center, 300 Mendham Road, Morris Township. The Frank J. Oliver Environmental Award will be presented to NJ State Senator Robert J. Martin and NJ Assemblywoman Linda R. Greenstein. The Environmental Legacy Award will be presented to Julia M. Somers, Executive Director of the NJ Highlands Coalition.

Senator Robert J. Martin

In his 20+ years in the Legislature, Sen. Martin has worked to improve New Jersey's public education system, ensure the integrity of the political process, and protect the State's natural resources. It is for his efforts in the last area that Sen. Martin is being awarded the Frank J. Oliver Environmental Award. He has been a sponsor or co-sponsor of numerous bills designed to safeguard the sources of New Jersey's drinking water, protect critical habitats, and preserve open space for the benefit of New Jersey's residents and visitors. Sen. Martin has recognized the danger that overdevelopment poses to the quality of the ground and surface water upon which New Jersey's residents depend. As a primary sponsor of the Highlands Water Protection and Planning Act, Sen. Martin was instrumental in obtaining passage of that legislation. The Senator is the sponsor of bills to create the Highlands Conservation Trust, to reinvigorate and improve recycling, and to enable the State to acquire and preserve designated land as natural areas and wildlife sanctuaries. The Senator received a perfect rating on the NJ Public Interest Research Group (NJPIRG) 2005 Scorecard.

Assemblywoman Linda R. Greenstein

Assemblywoman Linda R. Greenstein also received a perfect NJPIRG Scorecard rating. Ms. Greenstein was the prime sponsor of several pieces of legislation that provided funding for open space preservation. She is a founder and co-chair of the Legislative Smart Growth Caucus, which promotes an anti-sprawl agenda.

Ms. Greenstein has taken a leadership role in formulating bills designed to improve the public information available about industrial sites, contamination, and remediation plans. Other legislative initiatives sponsored by Ms. Greenstein address the statute of limitations for environmental crimes and property tax relief for properties with solar energy systems.

Julia M. Somers

NJEL is proud to award its 2007 "Environmental Legacy Award to Julia M. Somers. Currently the Executive Director of the Highlands Coalition, Ms. Somers is the former Executive Director of the Great Swamp Watershed Association (GWSA). Under her leadership, GSWA grew to 2000 members, and a staff of eight, and acquired a 50 acre property for an environmental education center. Significant accomplishments during Ms. Somers' tenure included:

Design and publication of the Great Swamp Watershed Open Space Plan
Development of publications about storm water and geographical information systems, including videos on methods of storm water management
Establishment of one of the earliest regional planning groups, the Ten Towns Great Swamp Watershed Committee
Early adoption of storm water ordinances in Chatham and Harding Townships, laying the foundation for the State's storm water rules
Persuading DEP to deny a development proposal for a huge Retirement/Continuing Care community on 41 acres of wetlands containing threatened and endangered species habitat and C1 streams, and adjacent to Morristown National Historical Park, our nation's first national historical park
While initiated to benefit the Great Swamp region, these accomplishments had immensely positive effects on two other levels. They provided models for state-wide legislation, which ultimately provide protection for the residents and ecology of local jurisdictions

Collaborations -

In late February NJEL signed a letter of support for Federal appropriations for adding acreage to four National Wildlife Refuges within New Jersey's borders. The letter was signed by a number of organizations in support of a request made by the New Jersey Audubon Society for funds to be included in the federal fiscal year beginning July 1, 2007. Audubon's request were for the following: $1.4M to acquire 140 acres for the Forsythe Refuge; $1.5M to add 450 acres to the Cape May Refuge; $2M to add 203 acres to the Walkill River Refuge; and, $1.5M for 50 acres of land in the immediate vicinity of the Great Swamp National Wildlife Refuge. The land proposed for the first three provides critical habitat of a variety of wildlife, particularly migratory birds. The request for the Great Swamp would acquire a site that is in danger of contamination and safeguard it as critical habitat for federally and state-designated endangered species.

EEF's Watershed Education Program -

The In October, NJEL Board member Eugene Fox volunteered to assist EEF with its student education project. Gene presented a watershed education/nonpoint source pollution program to classes at Bloomfield School #5. Gene's volunteer efforts have allowed EEF to conserve grant funds from the Environmental Endowment and will allow us to reach more students. EEF is accepting requests from schools for programs during the remainder of this school year and for next year (2007-08). Interested teachers or principals should email us at njel@earthlink.net to schedule presentations. Presentations are available for primary, elementary and middle schools and for after-school day care centers. A presentation is in development for high school grades and for adult community groups.


REMEMBER!

The New Jersey Environmental Lobby is your voice in Trenton. We are an independent, nonpartisan, nonprofit organization focused on the preservation and protection of a healthy environment for all our citizens. We need your support! JOIN NJEL and help us change the laws!



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