Enviro Bills Passed in Senate and Assembly

The following environmental bills were passed in the Senate and the Assembly yesterday, January 13, 2020.

“There were three critical bills that were not voted on yesterday. The bomb train safety bill, A3783 (Eustace), is crucial legislation that would protect the people of New Jersey from dangerous trains traveling through their communities. The Assembly failed to vote on the plastic bag ban bill, S2776 (Smith), is landmark legislation for New Jersey when it comes to plastics and dealing with plastic pollution. The Assembly also failed to vote on A4903 (Mukherji), legislation to protect Liberty State Park from privatization,” said Jeff Tittel, Director of the New Jersey Sierra Club.

The following bills were passed in the Senate:

S2776 (Smith/Greeinstein): Prohibits provision or sale of single-use plastic carryout bags, single-use paper carryout bags, and polystyrene foam food service products; limits provision of single-use plastic straws. The bill passed with a vote of 21-14.

“The Assembly should have passed this ban today, but they didn’t. Their failure to act will mean that our plastic waste problem will continue to get worse. Plastics will continue to kill whales and get into our environment and into us. Microplastics have already been found near our drinking water supply, so we could literally be drinking plastic. Plastic bags have been known to clog storm drains and fill up detention basins, affecting our water quality. Animals, especially birds, get strangled and suffocated by plastic bags,” said Jeff Tittel. “Unfortunately this bill was stopped by special interests, whether it was the paper lobbyists or the phony plastic bag lobbyists or the oil industry. Because the Assembly did not pass this legislation today we will have to start over to protect our environment and public health.”

S3357 (Cunningham/Weinberg): The “Liberty State Park Protection Act” establishes the Liberty State Park Advisory Committee and requirements concerning DEP actions related to Liberty State Park. Billionaire Paul Fireman is pushing legislators and lobbying to get his ultra-exclusive golf course expansion onto the Caven’s Point area of Liberty State Park. A so-called environmental group calling themselves the Enhance Liberty State Park Coalition has been circulating a petition that would undermine this legislation and allow privatization on public land. The bill passed with a vote of 21-13.

“It is shameful that the Assembly did not vote to protect Liberty State Park. Liberty State Park is one of the treasures of New Jersey, and the Assembly failed to stand up and protect the park today. This is a park that represents both The Statue of Liberty and the gateway to our country. We have been fighting for decades to save Liberty State Park from privatization, and this bill will help further that fight. This legislation will ensure that Liberty State Park remains a place for the people of New Jersey to enjoy the outdoors,” said Jeff Tittel. “Billionaire Paul Fireman has been lobbying behind the scenes to stop this bill. Because the Assembly didn’t act, we will have to start over in the next legislative session.”

ACR51 (Wimberly): allows the Administrator of EPA to expedite cleanup of Garfield Ground Water Contamination site. It also allows for them to develop a plan to provide funding for temporary relocation of residents affected by the contamination. The resolution passed with a vote of 40-0.

“We support this resolution to put pressure on the EPA to do a full clean up of this site in Garfield. This legislation will make sure the community gets cleaned up and protected. People shouldn’t be living in toxic contamination. We need the EPA to come in and clean up this mess. We also need to make sure that the people who are affected by it can be moved to safety while they do so,” said Jeff Tittel. “The federal government needs to come up with funding otherwise it will continue to contaminate the community. This might be more difficult to get under President Trump.”

The following bills have been passed in the Assembly:

A6102 (Kennedy): Provides two-year exemption for hospitals from requirement to source separate and recycle food waste. The bill passed with a vote of 76-0-0.

“We oppose this legislation because hospitals should be the easiest place to separate and recycle food waste. We are in a climate crisis and our waste is a major contributor. Food waste that is brought to landfills instead of anaerobically digested or composed contributes to global warming and GHG emissions. As we move toward getting to zero carbon, we need to move towards getting to zero food waste,” said Jeff Tittel. “Hospitals create a tremendous amount of food waste, and they should be one of the simplest places where food waste could be recycled.”

ACR198 (Pinkin) / SCR135 (Greenstein):  Urges cooperative approach among all levels of government to provide funding and other resources to clean up plastic pollution. The bill passed with a vote of 75-0-0.

“Plastics are a menace and an existential threat to our drinking water, beaches, and wildlife.  Cleaning up plastic pollution is important, but we need a comprehensive plastic bag ban to help combat our plastic problem. Plastics are a menace and an existential threat to our drinking water, beaches, and wildlife. People are fed up with plastic pollution filling up their storm drains and threatening their drinking water.  This has become a serious public health and environmental problem and it is critical that we not only find the most effective solution to reduce our plastic waste but funding for those solutions,” said Tittel. 

The following bills will be going to the Governor’s Desk:

S2252 (Smith/Greenstein): Establishes goals, initiatives, and programs to encourage and support the use of plug-in electric vehicles. The updated version includes language of at least 330,000 registered light duty vehicles in the state to be plug-in electric by December 2025 and 2 million EV’s by 2035. The bill passed the Senate with a vote of 27-12 and the Assembly with a vote of 65-9-0.

“Finally, the roadblocks to make EV’s a reality in New Jersey have lifted. This legislation is more critical because cars and trucks are the biggest source of air pollution in our state. The legislature accelerated moving forward with the original bill instead of the weakened one amended by the Murphy Administration. The new version will have the same targets as the original bill of 330,000 EV’s by 2025, 2 million by 2035, and at least 85% of all light duty vehicles sold in New Jersey will be electric by December of 2040. This bill will help kick electric vehicles into high gear. It’s a major step forward in making EVs a reality in our state,” said Jeff Tittel. “We are finally going to put our foot on the acceleration and move forward after Murphy’s staff to cut back and weaken EV goals. Now it is critical that Governor Murphy signs this legislation quickly.”

According to the bill, By December 31, 2025, at least 400 DC Fast Chargers shall be available for public use at no fewer than 200 charging locations in the State. At least 75 of the 200 or more charging locations shall be at travel corridor locations, equipped with at least two DC Fast Chargers per location, each capable of providing at least 150 kilowatts of charging power, and no more than 25 miles between the charging locations. Also, at least 100 of the 200 or more charging locations shall be community locations.

“Over half of our greenhouse gasses in New Jersey come from vehicles, and our state suffers from failing air levels. This bill is the first major step in reducing pollution and GHG’s from our transportation sector. Now it is critical for Governor Murphy to sign this comprehensive electric vehicle legislation. Our state used to be a leader in innovation and transportation and can be again in clean transport. We can see the benefits of clean air and clean jobs if the BPU builds a state-wide network of charging stations, creates green jobs, saves people money on gas, and reduces air pollution. Half of New Jersey’s greenhouse gases come from mobile sources, but these emissions can be easily cut by implementing EV technology,” said Tittel.

S1683 (Smith): Concerns regulations of solid waste, hazardous waste, and soil and fill recycling industries and amends the existing law to expand the requirements for background checks to a broader range of persons involved in the solid waste industry, such as salespersons, consultants, and brokers. The bill passed the Senate with a vote of 39-0.

“We need Governor Murphy to sign this bill because it addresses New Jersey’s ongoing problems with illegal dumping of contaminated materials. The Special Commission of Investigation’s first “Dirty Dirt” report in 2016 exposed the rampant problem of soil brokers and dirty dirt. Since that report the illegal dumping is still happening, risking the environment and public health. That’s because there hasn’t been any action by DEP and the Legislature to stop it. The industry has ties to the mob, and there are serious pollution and health impacts,” said Jeff Tittel. “These unscrupulous dirt brokers are dumping contaminated soil all over the environment. There are loopholes in the law that gives them less scrutiny that need to be closed.”

Last  June, the Special Commission of Investigation released their latest “Dirty Dirt” report detailing illegal dumping in Marlboro. SCI reported that New Jersey currently “lacks the authority to properly oversee elements of its recycling program”. Illegal dumping in New Jersey has the potential to impact the environment but also cause public health problems, like in Kearny where New Jersey Sports and Exposition Authority illegally dumped liquid sewage sludge.

“This bill is an important step forward; however, we need to go further. New Jersey needs tighter regulations and restrictions on how our waste is handled. We have a long history of contaminated materials coming into our state, in part because DEP chooses not to regulate these chemicals. DEP needs to set and enforce standards for toxic materials to prevent any more possible dumping,” said Tittel. “Governor Murphy needs to act quickly and sign this bill to help protect New Jersey from illegal dumping.”

S4275 (Smith): Allows BPU to increase cost to customers of Class I renewable energy requirements for energy years 2022 through 2024, under certain conditions. The bill passed the Senate with a vote of 24-12 and the Assembly with a vote of 58-12-2.

“Raising the cap lets more sunlight in and will allow the solar program to move forward. We are heading into a crisis for solar energy, and this bill is just a stopgap instead of a real solution. We have said from the beginning that the cost cap would hurt the solar industry and cause it to crash. This legislation is just a short-term fix that averages the cost cap out over five years to extend the program. Under this bill we can only get to 200 Megawatts per year instead of the 500 MW that we need to reach our clean energy goals,” said Jeff Tittel. “We should be completely getting rid of the cap. We don’t have caps on energy from coal, nuclear, oil, or gas. Having a cap on solar hurts renewable energy and favors fossil fuels.”

The bill would allow the BPU to increase the cost cap on Class I renewable energy requirements if the total energy costs during energy years 2019 through 2021 is less than 9%. Since the solar program went into effect about 10 years ago, solar has become 29 percent more efficient and gone down in price by 25 percent.

“This will help extend the solar program, but we need a real fix. This bill raises the cost cap and averages it out over five years. If the costs exceed the limit the BPU is still required to set aside the Renewable Portfolio Standard for that year. You also have to factor in legacy SRECs as well as transition SRECs. Our concern is that even with this change in the law it will not allow us to have a robust solar program,” said Jeff Tittel. “We need to remove the cost cap, but we also need to come up with a new solar program that is more cost effective and works for all of New Jersey. This includes looking at other funding mechanisms and regulations to push for solar programs to get done.”

S3407 (Sweeney/Oroho) / A2731 (Taliaferro/Space): Removes statutory limitations on number of permits that may be issued by Division of Fish and Wildlife for the taking of beaver. The bill passed the Senate with a vote of 29-4 and the Assembly with a vote of 61-8-1.

“Currently the Division of Fish and Wildlife would only issue 200 permits for the taking of beavers and this bill would remove that cap.  Instead of the biologists at Fish and Wildlife setting the standards, we are doing it through legislation and this is wrong. The standards should be based on science, not politics.  Beavers can be a nuisance but they are also an important part of our ecosystem. We are concerned that this could lead to the extinction of beavers in New Jersey,” said Jeff Tittel.

A5663 (McKeon) / S3985 (Smith): Expands definition of “qualified offshore wind project” to include “open access offshore wind transmission facility. The bill passed the Assembly with a vote of 62-14-0.

“Governor Murphy needs to sign this bill because it will help figure out the most cost-effective and environmentally beneficial ways to bring offshore wind power onto land. This is an issue that we need to take a careful look at as we are moving forward with these different offshore wind projects. Offshore wind can be the engine that drives our state to reach Governor Murphy’s 100% clean energy goals. Climate change impacts are happening now, and it is critical for New Jersey to transition to renewable energy sources to reduce those impacts. Offshore wind could feasibly power 1.2 million homes with clean energy. As we continue to rebuild our coast in the wake of multiple storm events, we need to invest in clean, renewable energy sources that do not contribute to climate change,” said Jeff Tittel.

A4136 (Andrzejczak/Land/Milam) / S2675 (Andrzejczak/Van Drew): Permits commercial fishing vessels to possess more than daily trip limit of black sea bass and summer flounder, under certain conditions. The bill passed in the Assembly with a vote of 73-0-0 and a vote of 40-0 in the Senate.

“Overfishing hurts populations, ecologies, and fishing industries in the long-term. Pollution and overfishing threaten black sea bass numbers. This bill directly threatens the sustainable fisheries practices that have helped our fish populations recover over the past decades. By giving in to the commercial fishing industry, they’ll be killing the goose that lays the golden egg. If we regulate and protect these fisheries, we’ll keep them sustainable for years to come. If we overfish them now, it will hurt us in the future,” said Jeff Tittel.

A6014 (Vainieri Huttle): Establishes NJ Climate Change Resource Center at Rutgers University, appropriates up to $500,000. The resource center would carry out interdisciplinary research activities to help New Jersey adapt and prepare for climate change. The bill passed the Assembly with a vote of 53-20-1.

“Establishing a Climate Change Resource Center is a good step forward when it comes to being prepared and stronger than the next storm, but $500,000 is not enough money to get the job done. Rutgers is spending $4 million a year on a new football coach, but we can only spend $500,000 for climate change research. They need to get their priorities straight. This is a fumble when it comes to climate change. A recent study found that much of New Jersey, including inland counties, are more vulnerable to climate impacts now than before Sandy. We must start taking real actions to fight climate change now. We are in a climate crisis, and New Jersey is the only state on the east coast that does not have any kind of sea level rise climate adaptation plan,” said Jeff Tittel. “This Resource Center will help use the latest science to put climate and sea level rise in DEP rules and state legislation, but more money needs to go toward this center for it to be effective.”

A4382 (Pinkin): Requires paint producers to implement or participate in paint stewardship program. The bill passed the Senate with a vote of 27-13.

“We need the governor to sign this bill because we have a problem with leftover paint. They should not be sitting around in people’s homes and garages. It is important that we dispose of this paint properly. There are a lot of hazardous chemicals in the paint like VOCs and other flammable substances that if not disposed properly, can end up in our soil, groundwater, and our air. This bill will encourage recycling of our paint and help get it out of our landfills and environment and reducing greenhouse gases like carbon dioxide and methane over time. Recycling paint will also help save resources used to make new paint,” said Jeff Tittel.

A5432 (Milam/Land): Requires DEP Commissioner to establish individual transferable quota system for menhaden purse seine fishery. The bill passed the Senate with a vote of 38-1 and the Assembly with a vote of 74-0-0.

“Menhaden are an important species and the food supply and stability of our fisheries, but this bill would lead to overfishing of this critical fish. Our concern is that the bill will privatize the regulation and mandate by setting up this quote system. By locking in quotas for different fishing interests, we believe it will lead to overfishing. What is an even bigger problem is the trading system of quotas. Menhaden are a critical link to the food web and are known as forage species. This means they function as a food source for larger species like bluefish and striped bass. This legislation will essentially be a destructive domino effect throughout the marine food chain. It will not only impact these important species, but impact New Jersey’s commercial and recreational fisheries,” said Jeff Tittel.

A5583 (Pinkin): Prohibits sale, lease, rent or installation of certain equipment or products containing hydrofluorocarbons or other greenhouse gases. The bill passed the Senate with a vote of 37-1 and the Assembly with a vote of 62-11-1.

“This bill is a step in the right direction when it comes to reducing GHG’s from the products we use everyday. Hydrofluorocarbons represent around 1% of total greenhouse gases but their impact on global warming can be hundreds to thousands of times greater than that of carbon dioxide. They can be found in cooling products like refrigerators, air conditioning for our homes and cars, aerosols, and more,” said Tittel. “It is important that we prohibit and phase out all products containing HCF’s and greenhouse gases so that we can mitigate our impact to global warming.”

A5511 (Spearman): Revises certain penalties for illegal operation of snowmobile, all-terrain vehicle, or dirt bike. The bill passed the Senate with a vote of 40-0.

“We support this bill because these vehicles are creating havoc for New Jersey’s natural ecosystems. ATVs risk damaging the rare plant and animal species that are found in New Jersey’s forests. They trample small plants and disturb wetlands and streambeds. The silt alone hurts water quality and makes it harder for trout to lay eggs. These vehicles not only disrupt important natural habitat, but they contribute to air pollution as well. They are also a real safety issue. People are getting killed or hurt by illegal ATV drivers, and the drivers are getting hurt as well,” said Jeff Tittel. “The public deserves a safe place to recreate with their families. They shouldn’t have to worry about an ATV hurtling toward them.”

S2421 (Smith/Bateman): Concerns installation of electric vehicle charging stations in common interest communities. This bill would promote, encourage, and remove obstacles to the use of electric vehicle (EV) charging stations by prohibiting common interest communities, such as condominiums and homeowners’ associations, from adopting or enforcing any rule that prohibits the installation or use of an EV charging station in a unit owner’s designated parking space. The bill passed the Assembly with a vote of 75-1-1.

“This legislation is a critical step forward towards making EV infrastructure accessible for everyone.  Residents should have RIGHT-To-CHARGE where people can petition their landlord or condo association for a private charging station or pay for a public charging station. We can also have the Economic Development Authority require any project with state funding to have charging stations,” said Tittel.

S3939/3944 (Smith): Establishes Recycling Market Development Council. The Council would look at existing recycling markets and recommend ways to stimulate recycling and how to reduce contamination of collected recyclables. The bill passed the Assembly with a vote of 76-0-0.

“We need this legislation because we’re seeing a major drop in recycling in New Jersey. In the early 1990’s, we recycled over half of municipal and household waste. Now we are down to 37%. China’s decision to no longer import plastic waste has caused the recycling market to collapse. Some towns are no longer taking plastics. Recycling facilities are closing, or opening only once or twice a month. This bill says that New Jersey needs to develop new recycling markets. Rutgers has invented the first plastic lumber that uses recycled plastics, and more innovation needs to be encouraged. We need to focus on coming up with more markets for recycling, and establishing a Recycling Market Development Council is a step in the right direction,” said Jeff Tittel.

S2958 (Sarlo/Oroho): Establishes the “Energy Infrastructure Public – Private Partnership Act.” The bill passed the Senate with a vote of 40-0 and the Assembly with a vote of 73-0-0.

“We have concerns with this bill because it provides privatization over direct government spending. It means more privatization of our grid and electrical system that takes away from government entities having control. The bill could be used to foster more fossil fuel versus energy efficiency and renewables. If we stop raiding the Clean Energy Fund and other environmental funds, that becomes an excuse to have to have these privatization programs go forward. Since the legislation would be done through the EDA  and its chair is the head of Natural Gas, we are concerned that New Jersey would promote more natural gas and fossil fuels versus renewable energy and efficiency,” said Tittel.

S721 (Greeinstein): Authorizes use of electric school buses. The bill passed the Assembly with a vote of 76-0-0.

“We need the legislature to do more than just expand the width of school buses. They need to come up with a real program to get electric school buses on the road,” said Jeff Tittel, Director of the New Jersey Sierra Club.