The New Jersey Legislature's "lame duck" session ended on Jan. 11 with a mixed bag of gains and losses for the environment and conservation.
The State We're In
By Michele S. Byers
Executive Director
New Jersey Conservation Foundation
The New Jersey Legislature's "lame duck" session ended on Jan. 11 with a mixed bag of gains and losses for the environment and conservation.
Steps forward: Legislators blocked rule changes that would have rolled back the state's water quality and flood control protections. The new rules were proposed last summer, ostensibly to streamline unwieldy state regulations. But it quickly became clear that they would go far beyond that and would weaken hard-fought water protections.
The legislators passed a resolution declaring that the massive rules revision is inconsistent with the "legislative intent" of current laws. It was a rare but very appropriate example of the Legislature using legislative intent as a tool to stop an agency from adopting harmful regulations. The resolution does not require action from Governor Christie.
In another step forward, both the Assembly and Senate passed a bill allowing the state's land preservation funding plans to move forward. In November 2014, New Jersey voters overwhelmingly approved a constitutional amendment to dedicate a portion of the state's corporate business tax revenue to fund open space, farmland and historic preservation programs.
But for over a year the funds have sat without a way to use them for their intended purpose. The bill is now on the governor's desk. If the governor does not sign it, the measure will go back to the drawing board in the new legislative session.
The voters approved the funding measure - just as they have supported every statewide open space initiative for the past 50 years - and New Jersey needs funds to get its preservation programs back in gear!
The governor has only a few more days to sign the implementation bill. Please call or email the governor today and ask him to sign the bill, S2769/A4197. Call his office at 609-292-6000 or send an email.
A step back. In a blow to conservation, the Legislature passed a bill that undermines protections for the environmentally sensitive Pine Barrens. The measure allows farms, including some that have been preserved, to be used for non-agricultural commercial activities, compromising the Pinelands Comprehensive Management Plan that safeguards this unique region of New Jersey.
While the governor made some improvements to the bill, it remains bad public policy. Litigation may be the only recourse.
Another step back occurred when a second agriculture-related bill passed in the lame duck session, this one allowing the state to issue permits for more non-agricultural activities on preserved farmland.
Such activities include bed and breakfasts, bakeries, snow plowing operations, woodworking shops, crafts businesses, seed suppliers, tractor repair shops and veterinary practices.
While the bill only impacts certain farms preserved before the beginning of 2006, there is an emerging trend, as the state is now allowing more and more non-agricultural commercial uses on preserved farmland.
Finally, in another lame duck loss, the Assembly failed to take action on a bill that would gradually increase the percentage of New Jersey's energy that comes from renewable sources like solar and wind, ultimately reaching 80 percent by 2050. Sponsored by Senators Bob Smith and Kip Bateman, the bill was passed by the Senate in December.
Because the lame duck session is now over, the bill will have to be reintroduced in the next legislative session.
Despite these losses, it's a new year and a new legislative session has just begun. Your state Senators and Assembly members need to hear from you, so don't be shy about asking for their support for conservation. Find your legislators here.
And to learn more about preserving New Jersey's land and natural resources, visit the New Jersey Conservation Foundation website or contact me at info@njconservation.org.