Date : Mon, 29 Jun 2015 17:06:18 -0400
For Immediate Release
June 29, 2015
Contact: Jeff Tittel, Director, NJ Sierra Club, 609-558-9100
June 29th Senate Round-Up: Pilgrim, Exxon, Trains, Water and More
Senate Passes Exxon Resolution to Dedicate Environmental Monies
Today the Senatepassed SCR163 (Smith) to stop settlements like the Exxon one and dedicate environmental money,bipartisan 27-12, which means it can go on the ballot this year. This resolution amends the Constitution to dedicate all State moneys received from settlements and awards in cases of environmental contamination for certain environmental purposes. In New Jersey, natural resources belong to all of us. That is called the Public Trust Doctrine. Rivers, streams, wetlands, marshes and fisheries are held in trust by government for the people. Under the New Jersey Spill Act of 1977, when you damage those resources you have to pay for loss of public use as well as for damages to those natural resources. The Christie Administration has violated that trust by taking these funds for other purposes. The Sierra Club supports this amendment that will protect environmental funds and benefit people and communities affected by pollution.
“The Christie Administration has been grabbing monies from environmental law settlements and using it to close budget holes. The money that they’re stealing belongs to the people of New Jersey, not the politicians. We need this SCR to stop the robbery. The natural resources of this state belong to all of us. When a chemical spill destroys resources or limits public use, under New Jersey law the polluters have to pay for those damages to the people of the state. We need this constitutional dedication so that the communities and people who have been impacted by this pollution get the programs and environmental protections that they deserve,” said Jeff Tittel, Director of the New Jersey Sierra Club.
Constitutional dedication of monies received by the state in Natural Resource Damage litigation is critical given the Christie administration’s track record and the language in the current FY2016 budget that would allow up to $175 million to be diverted from the Exxon settlement to the General Fund. The budget allows Governor Christie to transfer any money from the Exxon settlement agreement over $50 million to the state General Fund under the currently proposed FY2016 budget language. Most of the remaining $50 million will go to lawyer fees, leaving almost nothing for the people who have been affected by the pollution. He has done this in the past, taking $140 million from the Passaic River cleanup litigation in the current budget. This amendment needs to be on the ballot this fall to prevent the robbery of critical funds.
“Last year the Christie Administration stole the money from the Passaic River clean-up litigation, victimizing that community first because of the pollution and again by taking the money. We support this amendment because it will stop this and future administrations from robbing money for environmental clean ups and environmental programs in the impacted communities. This money must not go towards plugging holes in the budget or tax cuts for the wealthy,” said Jeff Tittel. “By constitutionally dedicating environmental settlement and Natural Resource Damage funds, the Legislature removes the incentive for the Christie administration to make these settlements for pennies on the dollar and then be able to steal that money for the budget.”
The money from these lawsuits should go to remediating and restoring the site, local ecosystem, and local community. We originally had language like this in SCR84 (the open space dedication), but land trusts and groups that receive NRD money fought to take it out. Had it not been they would not have been able to steal the money. Additionally, the legislature needs to change the law that the legislature passed in 1999 that prevented the DEP from collecting Natural Resource Damages through a program. Instead the only way to collect or access Natural Resource Damages was to go to court. The DEP has a program in place that would have automatically assessed damages to environment and assess a penalty. The legislature took the side of the polluters by forcing the state to go to court, setting up this dirty deal. The legislature can and should compel the DEP to put in place regulations so that the formula is clear and transparent to everyone on how much polluters actually owe the people of New Jersey for dumping toxic chemicals into our environment.
“The public is outraged over the Exxon sell-out. This constitutional dedication will prevent the money from being grabbed for the budget. More people have sent comments to the NJDEP on the Exxon Settlement than any other issue in DEP history: more than 40,000. We joined with a large coalition of labor, environmental, and housing people and our legislative allies to fight to end corporate giveaways and the sellout of the environment once and for all. We are glad the Legislature is moving this forward. We must stop the robbery of the treasury. With the outrage over the Exxon settlement we need to prevent those monies from being grabbed as well,” said Jeff Tittel.
Constitutional dedication of monies received by the state in Natural Resource Damage litigation is critical given the Christie administration’s track record and the language in the current FY2016 budget that would allow up to $175 million to be diverted from the Exxon settlement to the General Fund. The budget allows Governor Christie to transfer any money from the Exxon settlement agreement over $50 million to the state General Fund under the currently proposed FY2016 budget language. He has done this in the past, taking $140 million from the Passaic River cleanup litigation in the current budget. The bill was held in committee so important amendments can be made, but will be up again at the next committee meeting and we are working to have it on the ballot this fall to prevent the robbery of critical funds.
“Now that the Senate has acted, we need the Assembly to act as well so that this can be on the ballot. They shouldn’t be allowed to settle for pennies on the dollar and then use that settlement money for non-environmental purposes. New Jersey should get the money they’re entitled too,” said Jeff Tittel.
Senate Latest to Oppose Pilgrim Pipeline
Today the Senate adopted SR106 (Codey), which is resolution that opposes the Pilgrim Pipeline project in New Jersey. Pilgrim Pipeline LLC is proposing to install two brand new pipelines across New Jersey to carry crude oil and refined petroleum products. The line cuts across 30 municipalities in 5 counties. The Pilgrim Pipeline would carry Bakken crude oil into New Jersey across environmentally sensitive areas critical for drinking water supply, including Highlands watersheds, and through densely populated communities. Pipeline construction will result in significant environmental impacts including destruction of wetlands and waterways and loss of forest cover. The resolution cites a number of environmental, public health, and safety concerns with the project including risks to drinking water supplies, impacts to the Highlands region, and the volatility of Bakken crude oil which would travel in the pipeline. The resolution also calls on regulatory agencies to conduct extensive environmental reviews of the project and to prohibit its construction in the state.
“We applaud the Senate for sending a clear message that this pipeline is dangerous to the environment and public safety. The Senate has joined the Assembly in sending a clear message that this will create an ugly scar through environmentally sensitive land, threaten our drinking water and pollute the environment, and is hazardous to communities along the route. We applaud both houses of the legislature for standing up against this pipeline,” said Jeff Tittel.
The Pilgrim Pipeline would cut through important water supply watershed and near water supply aquifers. The pipeline will run throughthe Ramapo River Watershed in New York and New Jersey. This system serves Mahwah, Ramsey, Oakland, Franklin Lakes, Allendale, Pompton Lakes, Wayne and 8 more towns in New York as well as a backup to the Wanaque and Oradell Reservoirs during times of drought. The pipeline will pass through or near the Buried Valley aquifer, tributaries to the Hudson River, the Hudson River, and the Catskill and Delaware aqueducts which provide drinking water to New York City.
All pipelines are prone to human error, accidents, and spills. The Pipeline Hazardous Materials Safety Administration (PHMSA) reported 1,763 oil pipeline spills between 2002 and July 2012. Between January 2010 and January 2014 there were 37 releases of more than 1,000 barrels of oil. In recent years, we have seen oil pipeline spills with disastrous impacts around the country, most notably the Tesoro Spill in North Dakota, the Exxon Pegasus spill in Mayflower, Alabama, and the Enbridge spill in Kalamazoo, Michigan. Legislators and organizations are concerned if Pilgrim Pipeline comes through we are exposing our communities to the same risks.
Local municipalities along the route have been actively opposing the project.
“We are building momentum against this dangerous pipeline. 35 towns, four counties both Houses have already passed resolutions opposed to this pipeline. If the Pilgrim Pipeline were to be built in New Jersey, it would be a disaster waiting to happen. Counties and towns near and along the route are coming out in opposition because they have seen the devastating impacts from pipeline leaks and are well aware of the risks. That is why 34 towns have publicly opposed the pipeline, and now 3 counties, including the Governor’s own home county. It is not only local governments passing resolutions against the pipeline, but even the N.J. State Assembly has passed legislature against it. PSEG also stated they will not let them use the utilities right of way. The ‘oily logic’ isn’t only about fossil fuel use; we are talking about a threat to our drinking water supply. If we had similar spills like the ones in North Dakota and Montana, it could have serious consequences on our environment, fisheries, ecosystem, and more importantly our water. A spill of this magnitude in New Jersey would impact the drinking water for close to 3 million people,” said Jeff Tittel. “We will keep fighting this pipeline until we stop it. It is a hazard to our state and dangerous to our communities.”
Legislature Stands Up to Christie on Toxins in Drinking Water
S2981 (Greenstein)/ A3954 (Conaway) is an importantbill that that protects New Jersey’s drinking water from volatile chemicals like 1,2,3-Trichloropropane (TCP). The bill has already passed the Assembly and has now passed the Senate bipartisan 34-5 is on its way to the Governor’s desk.
“The legislature has to do the job to protect our drinking water because the Christie Administration will not. 1,2,3- TCP is a carcinogen that impacts public health. This is one of the many health based standards and regulations that the Christie Administration has deliberately blocked. The Christie Administration is consistently siding with polluters over public health. We should not need this legislation but the fact that the Christie Administration is not moving forward with protecting drinking water and continuously sides with polluters over public health means we must have bills like this to do the job they are not doing. We must turn to legislation like this to protect public health because the DEP is refusing to do their job and this is shameful,” said Jeff Tittel.
This bill requires that Maximum Contaminant Level (MCL) be established for 1,2,3-Trichloropropane (TCP) and other volatile organic chemicals. An MCL is the standard for how much of a certain chemical can be in the drinking water before it poses a potential public health risk. TCP is commonly used as an industrial solvent and new research points to the possibility of TCP having severe health effects including cancer. TCP is recognized in California as a human carcinogen. These chemicals have been found in wells in Moorestown and dozens of other places in New Jersey. The state has not yet set an MCL for it, putting the public at risk. There is a relatively easy and cost-effective solution to upholding an MCL for TCP. The towns will simply have to put carbon mesh filters on the wells to filter these chemicals and protect the public’s health. Up until now, inaction by the Department of Environmental Protection (DEP) and the Christie Administration is putting people’s drinking water at risk.
“This is part of Governor Christie’s national agenda being against environmental regulations and strengthening standards. Failing to update drinking water standards is one of the biggest failures of the Christie Administration and it’s deliberate. We need this legislation simply because the people of New Jersey need their drinking water protected and the state isn’t doing it,” said Tittel.
The state of New Jersey hasn’t been fulfilling their obligation to protect drinking water and public health. Christie’s Executive Order 2 calls for no rules stricter than federal standards which would impact the regulation of these compounds in our water. New Jersey law requires a one in a million drinking water standard for cancer while the federal limit is one in 10,000 to one in 100,000 depending on the chemical. The Christie administration has not adopted any new standards while in office. This administration has had a war on science. They have removed scientists from key positions. The award-winning Division of Science has been downgraded to an Office and a political appointee now heads the Office rather than a scientist. The Science Advisory Board has been stacked with polluters, including DuPont. Since they have not made any recommendations in five years, the DEP has not adopted any standards. The DEP has not adopted any standards and they can whether the Institute meets or not, though they tend to follow the Institute’s lead.
“The DEP’s failure to set contamination standards has a direct impact on public health. By not recommending any standards for adoption means people are drinking water with higher levels of hazardous or toxic chemicals. It lets the polluters off the hook for paying for cleanup of sites or additional treatment of water supply,” said Jeff Tittel. “The Christie administration has given the polluters a holiday for over five years which threatens our drinking water.”
The Drinking Water Quality Institute (DWQI) has barely met in the last five years. This bill is a way to circumvent this failed process by using legislation to keep contaminants out of our water. We support this bill and we urge the state to rely more on the DWQI to do its job. The Institute sets the standards of acceptable limits for toxins and carcinogens in our drinking water. They look at health base risk assessment to ensure that the water we drink is safe. Many of the chemicals they deal with can be linked to birth defects, childhood development like mercury. The Institute received awards in the past for the work they have done not only saving thousands of lives, but millions of dollars.
“The only science the DEP believes in is political science. The Institute’s failure not to have meetings is another attack by the Christie Administration on science and demonstrates the siding with polluters over public health. When agencies do not meet or boards like the Science Advisory Board Agency are stacked with polluters, it has impacts of public health. As long as we ignore science and do not set standards for polluters, chemical companies are not held accountable. The polluters end up saving money and real people get affected by toxic chemicals in their water supply. The DEP should be doing their job to protect public health by setting standards. By not doing so, they are putting the public’s health at risk,” said Jeff Tittel.
This important bill has now passed both houses and is on its way to the Governor.
“The DEP is not doing their job in protecting the public’s health. They are not setting new standards and in doing so are putting people’s health at risk. We need this legislation to go forward to protect public health and the environment. The people of New Jersey demand clean and safe drinking water and if the Christie Administration won’t do it then the legislature will. The relatively inexpensive solution to 1,2,3-TCP is an easy and necessary way to make New Jersey drinking water safer. If we didn’t have bills in the legislature like this one, we would all still be drinking contaminated water,” said Jeff Tittel. “We expect the Governor to Veto this bill but we will fight to override that possible Veto.”
Two Important Bakken Oil Train Bills Pass Senate
S2979 (Weinberg) passed the Senate 40-0. The Sierra Club supports this bill that requires owners of railroad bridges to submit bridge inspection records to the Department of Transportation. Railroad companies do not currently have to submit their bridge inspection reports to state officials. This bill would close that safety loophole. There are unsafe bridges across the state that carry Bakken oil trains. One of those bridges crosses the Oradell Reservoir. In March, the Federal Railroad Administration reported the frequently used 25-foot bridge over the Oradell Reservoir is in concerning condition. Up to 30 trains carrying explosive Bakken oil cross the bridge each day. Despite federal officials saying the 86-year-old bridge is structurally sound, the continuing deterioration has led to plans to replace its entire deck. Citizens including local officials, water company executives, and firefighters are showing their concern that an unsound structure is supporting dangerous material each day. These trains pass by homes, businesses and schools as well as important drinking water sources and a spill could be disastrous for residents and the environment.
“Bakken crude is a ticking time bomb, especially when travelling by rail. These trains are carrying extremely dangerous and volatile substances putting our communities and environment at risk. These communities are completely unaware about what is traveling through their towns and how to handle a potential devastating accident. All of this danger is magnified when the trains are traveling over bridges that are too old or too damaged to be in use. Communities are burden with all the risk, while the companies reap all the monetary benefit,” said Jeff Tittel.
Hundreds of trains carrying Bakken crude oil travel through New Jersey each year, crossing environmentally sensitive areas and major drinking water supplies like the Oradell Reservoir and Delaware River. One quart of oil contaminates one million gallons of water and one rail car carries 34,500 gallons of oil. Previous Bakken train derailments have led to train cars setting on fire, homes being destroyed, forced evacuations of entire towns, threatened water supplies, and human casualties.
“Every day we are playing Russian Roulette with these pipe bombs on wheels. One quart of oil contaminates a million gallons of drinking water. In New Jersey more than 30 trains carrying Bakken crude oil cross bridges with tracks that are more than a hundred years old each day. This is a disaster waiting to happen. One of these bridges is a small bridge in Bergen County. This 86 year old bridge crosses the largest reservoir in Bergen County and supplies drinking water to 800,000 people. 30 trains a week cross this bridge carrying 3 million gallons of crude. An accident, derailment, or spill could wipe out Bergen County’s water supply for months. These trains are not only explosive but explosive to our water supply,” said Jeff Tittel. “Two years ago in Paulsboro there was a chemical spill when a train derailed crossing an old bridge. That spill released hazardous gasses. Had it been Bakken crude it would have been not only a tragedy but Hell on wheels. We need to inspect these bridges to make sure that they’re safe.”
SCR165 (Weinberg) is a bill that urges Congress to pass "Crude-By-Rail Safety Act." This bill passed the Senate 37-3. This act would establish volatility limits for rail shipments and response plan requirements for spills, stop oil shipments in 37,700 unsafe cars currently being used by the industry, update rail car safety standards, and increases violation fines. There are 2,400 miles of freight tracks in New Jersey and hundreds of trains coming through the state every year. Each train is carrying dozens and dozens of Bakken oil rail cars, one of the most flammable types of crude oil. Previous Bakken train derailments have led to train cars setting on fire, homes being destroyed, forced evacuations of entire towns, threatened water supplies, and human casualties. What is happening around North America with these trains carrying this highly explosive crude oil is a disaster waiting to happen. What’s happened in Illinois, Virginia, West Virginia and Quebec is an alarm bell going off that these trains are unsafe at any speed and too dangerous to be on our rails.
“These devastating incidents raise many concerns regarding the transportation of the dangerous Bakken crude whether by rail, barge, or pipeline through New Jersey. What happened in Illinois could happen here with far worse consequences. North Dakota Bakken Shale oil is one of the most explosive types of oil in the world. It is dangerous because volatile compounds are left in, instead of taken out because it would cost more to remove. They could build facilities to remove this compound but it’s cheaper to transport them through our communities. Gasoline cannot be moved by rail, the same way Bakken is yet Bakken is more volatile and flammable. Whether it is traveling by rail, barge or pipeline, it is a disaster waiting to happen endangering our families, property and environment,” said Jeff Tittel.
These trains are a danger to our community. This bill is a necessary piece of legislation that would help prevent a major disaster that could come from these oi l trains.
“The Sierra Club is in federal court suing the federal Department of Transportation to have a moratorium on these train cars until they are made safer. These trains are unsafe at any speed. Not only are they a danger cutting through densely populated communities putting people at risk but can cause an ecological disaster and water supply nightmare. A major spill here could destroy drinking water and would have major impacts on the local and regional economy,” said Jeff Tittel, Director of the New Jersey Sierra Club.
Incomplete Environmental Infrastructure Bills Pass Senate
Three bills thatmake changes to Environmental Infrastructure Trust Financing Program passed the Senate today: S2957 (Sweeney) passed 37-0, S2964 (Smith) passed 39-0, and S2962 (Sweeney) passed 40-0. We oppose these bills because they do not include adaption planning and mitigation for climate change, sea level rise, and storm surges. This legislation also does not come up with a plan for adaption or mitigation for these facilities to protect themselves from storm surges or sea level rise. There are no guidelines for improvements like raising or guarding the facilities from floods. These bills have already passed in the Assembly and we hope they are stalled in the Senate.
“Even though we have just been devastated by Hurricane Sandy and are trying to rebuild, this legislation does not even mention climate change adaptation or preparing for sea level rise or storm surges. We are concerned that this money is just going to go out to sea in the next storm,” said Jeff Tittel.
New Jersey is failing to do buyouts along the coast, regional planning, adaption for seal level rise and mitigation. Following the Hurricane, DEP Commissioner Bob Martin signed an Administrative Consent Order waiving compliance with CAFRA, Flood Hazard Area, and wetlands protections for infrastructure rebuilding after Hurricane Sandy. Under the ACO infrastructure will be rebuilt in the same vulnerable areas that were just destroyed. The ACO waives environmental standards while discouraging better planning. The Governor issued an Emergency Order adopting FEMA advisory base flood maps, but these maps do not include the latest data from Hurricane Sandy or sea level rise and only apply to coastal areas, not inland.
“The lesson from Sandy is where we protected the environment and had natural systems in place they did better than those that didn’t. Also where we overdeveloped we saw devastating impacts from Sandy. We also need to tie this tie fixing our infrastructure to energy efficiency and renewable energy as well as green building including blue and green roofs to reduce flooding. As we continue to understand the devastation and impacts of Hurricane Sandy we are going to need to change things in New Jersey. If you deny climate change and think it is esoteric and refuse to believe there is a link between Sandy and climate disruption then you are never going to fix the problem. Instead we will waste billions of dollars of taxpayer money,” said Jeff Tittel.
Governor Christie eliminated the Office of Climate Change within in our DEP and has undone efforts under previous administrations to implement hazard planning. The areas hit hardest by Hurricane Sandy are the areas we have said for a long time are most vulnerable for flooding and storm surges and they have done nothing to increase protections in those areas and are making it worse. We are concerned that New Jersey’s policies on climate could cost our state federal funding, not just for future disaster relief but things such as road building and infrastructure.
“In addition to funding we need our leaders to come up with better polices to address the impacts of flooding and climate change on our coast and flood prone areas. We need to limit development in flood prone areas, moving people out of harm’s way and developing real comprehensive programs to reduce greenhouse gases and protect us from climate change and sea level rise,” said Jeff Tittel. “We need to this money to protect our infrastructure from flooding and storm surges, but it is going to take a lot more money to restore New Jersey. Unless we plan and adapt for climate change we will not only be wasting this $5 billion, but we will be putting more people, property, and infrastructure in harm’s way.
Superstorm Sandy Aid Bill Heads to Governor
S2825 (Sweeney) increases efficiency and transparency in distribution of Superstorm Sandy aid money. The Christie Administration has failed when it comes to getting aid and money to Sandy victims. The entire program has been a mess. This bill has now passed the Assembly and the Senate 39-0 and is on its way to the Governor’s desk.
“It is unfortunate that the people who have been impacted by Hurricane Sandy have been devastated twice; first, by the storm and second from the Christie Administration’s failure to help them. That’s why we need this legislation to help people who have been impacted become whole again,” said Jeff Tittel.
Democracy Act on its Way to the Governor
A4613 (Prieto)/S50 (Gil) establishes "The Democracy Act" to revise various voter registration and voting procedures including adopting automatic voter registration, expanding early voting opportunities and more. This bill has already passed the Assembly, passed the Senate today 24 to 16 and is on its way to the Governor’s desk.
“The Sierra Club has always believed that the more people who can vote and be involved in the Democratic process, the better it is for our country. We strongly support expanding early voting and automatic voter registration. The Sierra Club is member of the America Votes Coalition,” said Jeff Tittel.
Net Metering Bill Has Passed Both Houses
A3838 (McKeon)/ S2420 (Smith) passed the Senate 37-2. The Sierra Club supports this bill that increases electric power net metering capacity threshold to 3% of statewide demand. Net metering is for homes and businesses with solar power to receive money from utilities for the electricity they generate; instead of paying money for utilities, the utilities pay them. This allows electricity customers who generate their own electricity from renewable energy to bank their excess electricity in the form of kilowatt hour credits. This legislation will increase customer’s net metering threshold to 3%, which was originally 2.5% or in some cases no net metering was offered. Vermont just passed legislation allowing net metering up to 15%. This is a way to move New Jersey forward with solar power; we used to be second in the nation and are now fifth. This bill has already passed the Assembly and is on its way to the Governor’s desk.
“This legislation is important because it give incentives for people to put solar on their homes and businesses. This will allow for not only increased payment for people who want to install solar, but it will also help them get the financing. We need to expand solar projects in New Jersey including the visual portfolio standard if we want to keep solar moving forward in New Jersey. New Jersey used to have 10,000 jobs in solar and now we have 5,500. This will help create clean energy as well as more jobs. We think this is an important bill that moves solar forward in New Jersey,” said Jeff Tittel, Director of the New Jersey Sierra Club. “This legislation is a step in the right direction but we need to do more; it should be at least 4% and in New Jersey it should really be 10%. But this will help give incentives to people.”
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Jamie Zaccaria Administrative Assistant New Jersey Sierra Club office: (609) 656-7612 https://www.facebook.com/NJSierraClub