Successful Offshore Wind Energy Development Symposium -

NJEL’s Symposium on Offshore Wind Energy Development took place as scheduled on July 17. Approximately 80 attendees heard presentations by representatives of regulatory agencies, conservation organizations, and the developers that have active wind farm proposals for New Jersey’s coast.

Keynote addresses were delivered by Former Governor James Florio and New Jersey’s First Lady, Tammy Murphy, both supporters of renewable energy.

Offshore wind farms are a new concept for New Jersey and indeed, for the nation. Since they were first proposed for the Atlantic coast, NJEL has received questions about their placement, operation, and impact on the marine environment. The symposium was intended as a primer to provide basic information that the public needed, particularly with the misinformation circulated by those who are skeptical of or downright opposed to renewable energy.

Attendees saw maps of the three leaseholds designated for wind farm placement. Those areas are larger than the acreages required for the turbines because actual sites will be identified after surveys, including geophysical and wildlife, and input from stakeholders, including commercial and recreational fishermen. An example of the attention paid to wildlife is the revision early in the planning to locate the turbines farther from shore in order to protect migrating birds.

The concern about impact on wildlife was addressed by representatives of the National Wildlife Federation, New Jersey Audubon, Natural Resources Defense Council, and the consulting firm Ecology & Environment. Presenters explained how potential negative impacts would be identified and avoided.

Siting and permitting processes at both the Federal and State levels were explained by an expert, including a representative of the NJ Department of Environmental Protection. The complexity of wind farms developed by different entities, stretching over an expanse of highly-traveled ocean, requires a system for current and coordinated information sharing and documentation. Symposium attendees saw a demonstration of the “Mid-Atlantic Data Portal,” an interactive information system developed to provide that for all the parties involved in the projects.

The Symposium could not have taken place without the months of work contributed by Board member Kris Ohleth and Eric Rush. Kris developed the program, and recruited speakers and sponsors, while Eric Rush arranged for facilities and meals of the Symposium and the reception that followed.

NJEL is grateful to the Urban Coast Institute of Monmouth University for its co-sponsorship of the Symposium, and in particular for the leadership of Tony MacDonald, Director of the Institute, and the assistance of Karl Vilacoba. We must also acknowledge the cooperation and attention to detail by Special Events Manager Megan McGowan and her staff. Ms. McGowan went above and beyond to provide the most appropriate accommodations and menus for the events. Finally, NJEL is grateful to the speakers and presenters and the many Symposium sponsors, including NJEL Board members, who made the event a reality.

Based on the feedback from the Symposium, NJEL is already planning a future event that will examine the economic issues attached to offshore wind farms, as well as community-based information sessions

Legislative & Regulatory Updates -

Joint Committee Hearing on the Environment - (Contributed by Bainy Suri)
Each summer, the Senate & Assembly Environment Committees convene a joint hearing on a subject of concern. This year the subject was recycling. In the 30+ years since recycling was mandated in New Jersey, there have been changes in rules, public attitudes, and market forces. The purpose of the hearing was to gather facts about how new market realities have affected recycling in New Jersey and to elicit suggestions for helping counties and towns overcome the negative impacts.

Municipalities are facing increased costs and lower revenue for recycling. Countries that formerly accepted waste, notably plastics, electronics, paper and textiles, have reduced their intake or even banned the import of certain materials. China’s ban on scrap paper and plastics is a particular problem for the U. S., (and other developed countries as well), because 15 to 20 per cent of our recyclables were exported to China. China needed material to recycle and reuse in its booming industrial sector. That included certain plastics, which could be reduced to pellets for manufacturing new end products. For a number of reasons, China is now rejecting much of the material it used to accept.

The loss of China as a disposal destination led some towns in other states to reduce recycling collections and simply dispose of material in landfills. That is not possible (or desirable) in New Jersey because recycling is mandated by law.

Disposal destinations are likely to decrease further because other importing countries are also trying to reduce the amount and type of materials that they accept. In New Jersey, marketing to local recycling processors and re-manufacturers is a limited option because there are few facilities. Representatives of environmental organizations, business and industry, NJDEP, and commercial recyclers offered recommendations, some described below.

• Ensure that the State Recycling Fund is used exclusively for recycling programs. Legislation in 2008 imposed a tax, with certain exceptions, on each ton of solid wasted transported or disposed of in New Jersey. The tax was intended to support recycling, including providing grants to municipalities and counties for their programs and supporting research and education projects. Like numerous other “funds” created for specific purposes, the accounts have been used by numerous governors to offset State budget deficits, thereby allowing the Governor and Legislature to fulfill the constitutional mandate for a balanced State budget. Obviously, any raid on a fund reduces the amount of money available for the intended purpose. This has happened to the Clean Energy Fund, among others. Only if a revenue fund is dedicated by constitutional amendment to a specific purpose is it protected from such diversions.

• Reactivate the Citizens’ Advisory Council on Recycling, which was created by the recycling law, but which has been inactive .

• Create incentives for in-state recyclables processing to avoid dependency upon foreign countries, save transportation costs, and create jobs in New Jersey.

• Pass a statewide ban on single-use plastics and polystyrene foam to reduce the volume of solid waste, and eliminate materials that damage equipment, contaminate recyclables, or have no viable market.

• Consider meaningful food waste composting.*

• Examine collection practices and share the information. Increase public education and standardize rules and practices so as to reduce the public’s confusion. Currently, collection rules and methods vary across the state.*

• Fund research and development for innovation and expansion of recycling.*

* The law already allows a small percentage of the Fund to be used for public education, research, and demonstration projects.

New Jersey Draft Energy Master Plan -

In June, The Board of Public Utilities (BPU) released the draft of the update to the State Energy Master Plan (EMP). NJEL was among the numerous environmental, commercial, and residential stakeholders that commented at hearings and in writing. The EMP is intended to be a policy vision for reaching a goal of 100% clean energy, which it defines as carbon-neutral, by 2050. It is also a well-organized description of the distribution, regulation, and consumption components of New Jersey’s energy network. NJEL’s comments centered on the use of the term “clean” energy, which in the EMP includes natural gas and biomass. While natural gas may be cleaner than coal in terms of some emissions, it is not “clean,” particularly in the extraction. “Swapping” one fossil fuel for another, essentially permits pollution to continue. Similarly, categorizing natural gas and biomass as clean energy could result in use of the Green Bank, meant to finance innovative projects, for continuing investments in fossil fuel generation.

It is difficult to judge important parts of the draft, including how to reach the 2030 and 2050 goals, because some underlying analyses and studies are incomplete. According to the EMP, supporting information will be incorporated into the final document. We look forward to the information. Our comments also noted the omission, of an important way to sequester carbon naturally—forestation. According to the UN Intergovernmental Panel on Climate Change, deforestation has increased greenhouse gas emissions. Yet, according to the NJ Highlands Coalition, New Jersey forests are still diminishing, even with protective laws like the Highlands Act and the Pinelands Act. The final EMP must include a forest management plan endorsed by New Jersey forest conservation experts. No lengthy research is necessary. There are already viable management plans.

Our Busy Ocean Needs Collaborative Regional Ocean Planning -
By Helen Henderson, Ocean Policy Program, American Littoral Society

Coming Soon to the Ocean Near You: Offshore Wind Development -
In the race to mitigate climate change, we are experiencing a rapid and unprecedented number of offshore wind energy development proposals in the United States. 2019 has proven to be an extremely busy year, with numerous projects rapidly advancing along the Atlantic coast, including recently approved large lease areas off the coasts of New Jersey, New York, and Massachusetts. The federal government, through the Bureau of Ocean Energy Management (BOEM), is moving swiftly through their review processes in hopes of achieving lofty goals to fulfill the staggering amounts of renewable energy production sought by states.

The American Littoral Society recognizes the development of offshore wind as a crucial renewable energy source to reduce our dependence on dirty and nonrenewable sources of energy and help mitigate climate change. However, offshore wind as a sustainable use hinges on where it is sited. This is why the Society encourages and supports regional ocean planning that utilizes the best available science and robust stakeholder engagement.

Policy and Planning for a Healthy Ocean: Then and Now -

To plan for a healthy ocean and sustainable ocean uses, the American Littoral Society supported implementation of the National Ocean Policy (NOP) created by Executive Order 13547 in 2010. The NOP was founded on the work of two blue ribbon, bi-partisan ocean policy commissions, both of which called for a comprehensive ocean policy to guide sustainable management of U.S. ocean, coasts, and Great Lakes. The National Ocean Policy served as the framework for the long-term stewardship for our nation’s waters. In addition to promoting conservation, this framework fostered stronger economies for our coastal communities by prioritizing the work of the federal government around diverse priority objectives, ranging from improving coordination and integration across the Federal Government to enhancing water quality in the ocean, along our coasts, and in the Great Lakes.

The NOP centered on ensuring our federal government’s stewardship of the ocean, coasts, and Great Lakes is more transparent, inclusive, efficient, and responsive to the priorities of the nation’s coastal states and stakeholders, while looking for ways to ensure healthy ocean and coastal ecosystems for future generations.

Under the NOP, we saw the development of Regional Planning Bodies (RPBs) in the Northeast and Mid-Atlantic regions which brought federal agencies, states, and federally recognized tribes together at one table to plan for a healthy ocean ecosystem and sustainable uses, such as offshore wind.

Over the course of several years, these RPBs with ocean managers and interests, and along with stakeholders, developed and released two plans which were certified by the National Ocean Council in 2016. This included the Northeast Ocean Plan and the Mid-Atlantic Regional Ocean Action Plan. Created by states, federal agencies, and several tribal nations, the Mid-Atlantic Plan promoted the use of scientific evaluations to coordinate governmental decisions to identify and protect ecologically rich areas, develop sustainable uses for ocean resources and resolve conflicts between stakeholders.

However, in June of 2018, President Trump revoked and replaced the previous NOP with the “Ocean Policy to Advance the Economic, Security, and Environmental Interests of the United States,” Executive Order (EO) 13840. The repeal of the National Ocean Policy marked a retreat from our common-sense policies designed to protect coastal environments, communities and economies. The replacement executive order shifted federal priorities toward valuing extractive resource use over maintaining a functional and productive ocean ecosystem. Specifically, the EO highlights the ocean industry and energy, domestic energy production, national security, and maritime commerce, including fisheries and recreation. Unlike the National Ocean Policy, the Trump EO does not ensure stewardship, nor does it require federal participation. It negates the Northeast and Mid-Atlantic Ocean Plans and disbanded the Regional Planning Bodies.

The new EO does allow federal participation with states, but the new policy specifically relies upon state-run Regional Ocean Partnerships (ROPs) to engage them. The policy does provide a commitment to science, data, and technology, stakeholder engagement, and interagency coordination.

Regional Ocean Partnerships (ROPs) Can Lead the Way: And We Need to Support Them -

The Mid-Atlantic Regional Council on the Ocean (MARCO) was established in 2009 by the Governors of New York, New Jersey, Delaware, Maryland, and Virginia as a Regional Ocean Partnership (ROP). They have set shared regional priorities, partner to host and manage the Mid-Atlantic Ocean Data Portal, and currently continue to facilitate coordination and collaboration between the states, federal agencies, federal tribes, the fishery management council and stakeholders on ocean management through a newly formed 2019 Mid-Atlantic Committee on the Ocean (MACO).

Unfortunately, it took a year after the new Trump policy for the region to form MACO, leaving stakeholders in the dark for months about the region’s path forward. Luckily, earlier this year the committee officially organized and formalized under MARCO. MACO has agreed upon a framework and set leadership. Each Mid-Atlantic state provides representation on the committee and federal agency participation includes: the Department of Commerce; the National Oceanic and Atmospheric Administration; the Department of the Interior through the US Geological Survey, Bureau of Ocean Energy Management (BOEM), Fish and Wildlife Service, and National Parks Service; the Department of Agriculture through the USDA Natural Resources Conservation Service; the Department of Defense through the Joint Command, Navy, and/or Army Corps of Engineers; the Department of Homeland Security, US Coast Guard; the Environmental Protection Agency; the Department of Transportation Maritime Administration; and the Department of Energy. Tribal representation is the Shinnecock Indian Nation and regionally, the Mid-Atlantic Fishery Management Council.

As the newly formed MACO moves forward with their efforts, it will be up to us help guide their direction and help ensure strong stakeholder input leading up to management decisions. Yet to be seen is the official formation of working groups of the committee and how frequently and in what ways they will engage stakeholders. That’s why the Society encourages you to join with us in our efforts to move this important initiative forward in ways that work for all of us: from conservation interests, to offshore energy developers, to recreational anglers, to local communities. We all have a place and a voice in deciding what happens within our ocean -- a shared public resource that we must ensure will be healthy for future generations.

In Closing -

Our Mid-Atlantic Ocean faces a host of threats to its health and activities taking place offshore. The pace and scale of offshore wind development projects is but one use for us to consider. The work of coordinating the management of the ocean will help us ensure we can reduce conflicts while protecting its resources and our coastline.

New Jerseyans are inherently connected to our ocean and coast in so many ways; whether it be fishing, surfing, boating, or a day at the beach. Having entities like MARCO and MACO to manage uses, protect clean water and resources, and to plan for the restoration of our shores is something we simply cannot afford to be without.

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More Protection for Our Water?

This year the NJDEP took a step that clean water advocates sought for a decade. The State’s Surface Water Quality Standards (SWQS) were amended to upgrade 749 miles of rivers to “Category One (C-1).” The designations were made because the rivers had either ecological significance as habitat for threatened and endangered species or were exceptional fisheries. Because of the importance of protecting C-1 waters from degradation, additional rules apply to them, including development buffers and controls on discharges into those waters. Now, with an administration that expressed a commitment to protecting natural resources, environmental advocates are hopeful that additional waterways will be designated C-1. They are also asking that the rules themselves will modified to correct inconsistencies and omissions that have been identified over the years. In the coming months, NJEL will participate in an effort led by experts in water quality science to convince DEP that now is the time to expand protection of the water we drink, fish, and swim in.

Transitions -
Change can be exciting and unsettling and NJEL is experiencing it! After five years as Executive Director of NJEL, Noemi de la Puente departed to serve the reorganized Trenton Water Works with her engineering and hydrology background. Your President’s comfort level was severely disturbed when Noemi, with her store of environmental knowledge and remarkable interpersonal skills, announced her resignation! With so many issues to be addressed in the coming weeks, a vacant position for even a short time, and a prospective learning curve, was problematic. What would we DO?

The NJEL Board did this: It welcomed former Board member Bainy Suri as the person who could seamlessly assume the responsibilities that support NJEL’s mission. Some of you already know Bainy from her decade of civic and environmental activism in Princeton.

So, your President’s comfort level was restored. It even rose a notch when Noemi assured us that she would remain an active member of NJEL, assisting with the issue of reducing plastic in the environment. Trenton Water Works also wins as Principal Engineer Noemi de la Puente joins the transformation led by Mayor Reed Gusciora.

Another Transition -

We bid farewell to long-time Board Secretary Deb Kay-Knowling and her husband Lance as they embarked on a new chapter in their lives. Deb and Lance (a chef/restauranteur in New Jersey & Manhattan) relocated to the Dallas area, where they have family. We will miss them immensely. We will also miss the wonderful meals that Deb served when she hosted Board meetings! Good luck, Deb & Lance, and thanks for your years of service to NJEL.

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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