Enviro Bills Up in Senate Monday

The following bills are on the Senate board list for a full floor vote on Monday, January 13, 2020.

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.

“This is one of the most important bills on banning plastics in New Jersey. The amended version will have a 2-year phase out for plastic, paper, and polystyrene. This is the most comprehensive plastic bill in the nation because it bans paper bags as well as single-use plastic bags. This bill will also encourage more reusable bags because under the bill stores will give our free reusable bags for two months to help with the transition to no paper or plastic bags,” said Jeff Tittel, Director of the New Jersey Sierra Club. “This is landmark legislation for New Jersey when it comes to plastics and dealing with plastic pollution and it is critical that our legislators push this bill through.”

The bill would prohibit the use of single-use plastic carryout bags and paper bags in stores and food service businesses, and would ban food service businesses from offering single-use plastic straws. It would also ban the sale of polystyrene and would prohibit food service businesses from selling or providing food packaged in polystyrene containers.

“We cannot wait any longer. Our legislature needs to move quickly before our plastic waste problem gets worse. People are fed up with plastic pollution filling up their storm drains and threatening their drinking water. More than 40 towns have started taking action with local plastic bans, isn’t it time for New Jersey’s Legislature to stand up and be as bold as places like Jersey City and Sea Bright? We need this comprehensive statewide ban to more effectively combat our plastic pollution,” said Jeff Tittel. “The Senate and Assembly have the chance to make New Jersey in combating plastic pollution. It is important that they move they put this bill on Governor Murphy’s desk to sign.”

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.

“Finally, the roadblocks to make EV’s a reality in New Jersey are being lifted. This legislation is more critical because cars and trucks are the biggest source of air pollution in our state. The legislature is now accelerating 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 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 the bill is pushed through committee and will move forward in both houses.”

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 45% of our greenhouse gasses in New Jersey come 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 the legislature and Governor Murphy to pass and 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 Jeff Tittel.

S1683 (Smith): Concerns regulations of solid waste, hazardous waste, and soil and fill recycling industries.

“This bill is important 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 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.”

In 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 Jeff Tittel. “The Senate needs to act quickly and get this bill to the governor’s desk before the end of the year.”

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.

The Park, which is the terminal to Ellis Island and the Statue of Liberty, has more than 7 million visitors a year and is one of the most visited state parks in the country.

“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 Tittel. “We believe that having some concessions in parks that benefit the visitors can be a good thing. However, there are four conditions: it doesn’t interfere with the park use, it’s affordable, it doesn’t hurt or damage natural resources like historic or scenic views, and it furthers the goals of the 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. The Caven Point Natural Area of Liberty State Park is a 22-acre peninsula located at the southwestern-most area of the park, accessible by the waterfront walkway. This area is frequently used by birders, and fishermen, and people enjoying nature.

“We have been trying to stop privatization and development of Liberty State Park for over thirty years. There has been one battle after another, from golf courses to shopping malls, water parks to a private marina, and many more. We support this legislation because it will help protect Liberty State Park from inappropriate privatization. There can still be leases or concessions that could take place at the park but there will be public oversight and public process and they will have to go to a committee for approval. This will help protect the park from abuse and projects that would hurt, rather than compliment it,” said Jeff Tittel. “The Senate needs to move quickly to get this bill to the Governor’s desk. We must make sure that the park that is named after the Statue of Liberty belongs to all of us and stays open to all of us.”

S4275 (Smith): Allows BPU to increase cost to customers of Class I renewable energy requirements for energy years 2022 through 2024, under certain conditions.

“We support this bill because it will prevent the collapse of the solar market, but our concern is that this is a temporary fix. 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.

“What we need is a real fix, not a temporary one. 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): Removes statutory limitations on number of permits that may be issued by Division of Fish and Wildlife for the taking of beaver.

“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.

Supporters of the bill say that beavers are pests and that trapping is the best way to manage them. Beaver dams have flooded roads and houses, and fallen trees can damage property. There are many nonlethal beaver management options, including physical deterrents like steel fences.

“Instead of trapping more beavers, we should be focusing on a comprehensive beaver management plan. This bill will do nothing to mitigate problems caused by beavers. We need to manage our lands in a way that respects the environment and nature. The limit of 200 permits was based on conservation figures calculated by Fish and Wildlife scientists. There is no science behind removing the limit, it caters only to trappers,” said Tittel. “We have been fighting this legislation for years, and we will continue fighting.”

S2815 (Beach/Smith) / A4382 (Pinkin): Requires paint producers to implement or participate in paint stewardship program.

“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.

S3796 (Andrzejczak) / A5432 (Milam/Land): Requires DEP Commissioner to establish individual transferable quota system for menhaden purse seine fishery.

“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.

S1852 (Turner/Cruz-Perez) / A5511 (Spearman): Revises certain penalties for illegal operation of snowmobile, all-terrain vehicle, or dirt bike.

“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.”

S3919 (Smith/Bateman) / A5583 (Pinkin): Prohibits sale, lease, rent or installation of certain equipment or products containing hydrofluorocarbons or other greenhouse gases.

“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 Jeff Tittel, Director of the New Jersey Sierra Club. “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.”