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!