WolfeNotes.com

Senate Again Manipulates Raw Post Sandy Emotion to Obfuscate Issues

Chairman Sarlo - in the windbreaker, not the fleece - feels the pain of witnesses (12/11/12)

[Update 12/21/12 – Arthur Silber says much more clearly and powerfully exactly what I was driving at in this post:

The fundamentally unjustified and highly selective focus — on feel-good stories on one hand, and on only narrowly delimited evils on the other — always seeks to achieve a whitewash of this kind: it attempts to obliterate the reality of the obviously related, but unacknowledged greater evils in the broader system. In this sense, all such efforts are cover-ups, they are intellectually dishonest, and they are always lies.

[Update 12/12/12 – Mainstream news coverage takes the diversionary bait; Asbury Park Press and Star Ledger

Yes, the special interests and politicians are playing the news cycle like a fiddle –  textbook news management. The US Army Corps and beach replenishment people did that early, and crafted a false narrative about the alleged efficacy of beach replenishment.

Now, it is pretty clear that the media pack is now in the emotional trauma and nostalgic phase of the story – back on November 28, the NY Times began that phase with the story about affordability and gentrification in rebuild (see: Post- Storm Cost May Force Many From Cost Life,  so it’s no surprise that today we see this on bungalos and this on crisis counselors  for examples of that.

So, when do we get to the public policy and planning phase? Or do we just skip all that?

For example, there is virtually a news blackout of the Obama Executive Order establishing a Task Force. A Google news search showed only 150 hits and not one of those stories lead with the Executive Order – all mentioned it tangentially in stories focused on the $60 billion appropriation request. Another major media failure.  –end update]

I’ll write about tonight’s Senate hearing tomorrow, but this is the news headline and photo I think the Chairman was trolling for.

He even made an overt mention of the windbreaker – but hey! No way that can compete with Governor Christie’s fleece!

Never mind talk about laws and regulations, you know, political stuff, which is the legal reality and how the rest of the country views the NJ circus – we’d rather prey on people’s emotions and mislead people.

But, despite all sorts of denial and what the Chairman wants to hear in Monmouth County, here’s what the rest of the country is reading (see: Jersey Shore Development Failure Exposed by Hurricane Sandy)”

New Jersey’s coastal land-use regulations are conspicuously lenient compared to other states, an investigation by The Huffington Post has found — so lenient that authorities permitted the Cabana Club to adopt its precarious location between the seawall and the beach. Based on current state law — the fruit of a political compromise crafted nearly two decades ago — the club can fully rebuild here, in exactly the same spot. In New Jersey, owners of coastal developments possess unique rights to rebuild in the wake of storms. Whatever nature removes, and at whatever cost to taxpayers, property owners are free to put it all back.[…]

The department’s current commissioner, Bob Martin — an advisor to Christie’s 2009 campaign, and previously an energy and utility consultant at Accenture — has urged the agency to adopt a “customer service focus“ while serving as “a driver for economic growth.” He has marginalized the authority of scientists and coastal policy experts, critics say, primarily by transferring them to other offices.

“[Christie has] done the exact opposite of what’s needed to be done,” said Bill Wolfe, a former Department of Environmental Protection planner and policy analyst who now leads the watchdog group New Jersey Public Employees for Environmental Responsibility. “He has been affirmatively promoting regulatory relief and taking away any development, land use planning and infrastructure expertise at the department.”

Oh well – but just how far will that windbreaker and fleece go?

The Senate Budget and Appropriations Committee is meeting today in Monmouth County at 3 pm in the third round [correction: fourth] of Sandy hearings. (for directions, see this)

For the first time, the Committee will take public testimony. It will be very interesting to see what the various interest groups say, particularly whether the ENGO’s community is bold, holds the Christie Administration accountable, and goes beyond former DEP Commissioner Mauriello’s recommendations and Sunday’s superb front page editorial in the Asbury Park Press, which broached both a rebuild moratorium pending stricter standards and a Coastal Commission.

I sent in a letter (see below) and am signed up to testify – here is a talking point outline of what I will say:

1) Set the context –

Man made climate change is here. Sandy was not caused by climate change, but was made worse because of it in terms of the size, storm track, and destructiveness of the storm.

2) Clarify Misconceptions and Spin

There’s been a lot of clutching of pearls on “who could have imagined?” the storm and storm surge. It is redolent of what the public was told following Katrina regarding topping and failure of the dikes.

The fact is that there were multiple warnings – over many years – about the exact damage we suffered and there were multiple recommendations about how to reduce vulnerability. Those warnings and recommendations were ignored.

3)  Sandy is a wake up call on three fronts:

• global warming and vulnerability
• coastal management
• lax regulation

A Legislative path forward is required because of the executive usurpation by Governor Christie in appointing a “Rebuild Czar” and because of the Administration’s record of hostility to government, planning, and regulation. Here are some of the basic elements of that path:

1) Moratorium until reforms are enacted

2) Create a new Coastal Commission to oversee a public planning process and program the expenditure of $30 billion in federal assistance

3) Repeal the Right to Rebuld in CAFRA and Flood Hazard Act

4) Enact Stronger standards on building location, elevation, design and construction, energy efficiency, and mandate DEP adoption of flood hazard maps based on the 500 year event

5) Restoration of dunes and coastal wetlands

6) Mandate infrastructure vulnerability assessments and require upgrades. Mandate new energy efficency and on-site reneweable power generation. Prohibit rebuild or expansion in vulnerable locations or to serve vulnerable development.

7) Climate change – Renew and put teeth in the Global Warming Response Act. Enact new carbon tax financing mechanisms

Here is the letter I sent in:

Dear Chairmen Sarlo and Smith:

As you know, on Friday, President Obama issued an Executive Order establishing a Task Force to develop a post Sandy rebuild strategy and plan.

The Order provides a solid public policy and planning framework upon which to develop various NJ Legislative responses, particularly in light of Governor Christie’s unilateral appointment of a “Rebuild Czar”.

As you know, the Governor’s appointment lacks specific enabling authority or policy guidance and does not adequately involve transparency, public participation, accountability, or a public planning process.

Aside from those serious defects, the Governor’s ad hoc approach would rush rebuilding decisions that have profound long term economic and ecological impacts before new standards and policies can be adopted, thus would perpetuate mistakes of the past, put more people and property in harms way, and subject taxpayers to unacceptable risks.

Additionally, as you may know, DEP Commissioner Martin issued an Order effectively deregulating the rebuilding of critical public infrastructure in the same highly vulnerable locations, elevations and designs.

Worse, the DEP’s Division of Land Use management, based on current law and regulations, exempted private commercial and residential rebuilding in the same locations and footprints.

This is clearly not what the legislature could have intended in enacting the various environmental laws that apply to the coast, including the Flood Hazard, Wetlands, Water Quality Management Planning, and Coastal Area Facilities Review Acts. Similarly, these deregulatory actions by DEP raise issues of compliance with federal law, thus I am copying EPA Regional Administrator Enck.

In the material linked below, I provide text of the Obama Order and discuss how it should serve as a model for NJ Legislative policy development.

Please accept the following as testimony for tomorrow’s hearing of the Senate Budget and Appropriations Committee on Sandy rebuild.

I trust the provision of links to the documents is appropriate – if not, please contact me and I will provide full text.

Thanks for your prompt and favorable consideration,

Bill Wolfe, Director

NJ PEER

Obama Executive Order on Sandy Provides Sharp Contrast With NJ Gov. Christie’s Response

We hope the Legislature follows President Obama’s lead

Although you wouldn’t know it from reading NJ press reports, in addition to requesting a controversial $60 billion special appropriation from Congress, on Friday (12/7/12) President Obama also issued an Executive Order on Sandy, see:  Executive Order Establishing the Hurricane Sandy Rebuilding Task Force.

Despite the sweeping nature and high significance of the Obama Executive Order, it seems like the NJ press corps is not the only one burying this, as I could not find the Order posted on the White House Executive Orders webpage. [update – the EO has been posted]

[Update – NY Gov. Cuomo, a week before Obama acted, also has appointed a number of Sandy Task Forces, leaving Christie out of step with his fellow Governors in the region – I’m sure the Gov. will now have to respond with something to provide a fig leaf cover for the embarrassing “Rebuild Czar” and infrastructure deregulation blunders. I have a pretty good idea of what that might look like and will write about that soon.]

At any rate, the Obama Order provides a sharp contrast with how NJ Governor Christie has responded to the rebuild issues.

• Inclusive, Transparent, and Accountable Public Process

The Obama EO directs the Chair of the Task Force to consult with the public:

• Consideration of Climate Change and “Extreme Weather” Events Are Mandated

A key focus of the Task Force is on how to rebuild in light of future climate change risks, in consideration of ecosystem functions:

• Comprehensive Hazard and Land Use Planning to Guide Policy Reforms

The Obama EO mandates that a strategy and long term rebuilding plan be developed – importantly, also note that the EO considers “the establishment of permanent entities”, which for NJ would mean the Coastal Commission we have called for:

• Strong Role For Government

The Obama EO is premised upon and designed to provide a strong role for government to not only coordinate the various federal agencies, but it also requires that government set forth programs, policies, plans, and new regulatory standards to govern the private sector in rebuilding decisions.

In contrast, in his first hour in office, Governor Christie issued:

• Executive Order #1 establishing a moratorium of regulations;
• Executive Order #2 calling for “immediate regulatory relief”, cost benefit analysis, and rollback of NJ’s strict State standards to their federal minimum;
• Executive Order #3 attacking regulations as “job killing red tape” and
• Executive Order #4 prohibiting unfunded state regulatory mandates on local governments

Governor Christie has not been an advocate of strong state goverenment. Instead, he has pursued privatization, deregulation, and attacked state workers.

The Christie anti-regulatory agenda is what has blocked several specific regulatory reforms at DEP that have made the Sandy impact far greater than it had to be.

• Clearly Articulated Policy Principle to Guide the Process

The Obama EO sets forth clear principles to guide the process:

Sec. 3. Functions of the Task Force. Consistent with the principles of the NDRF, including individual and family empowerment, leadership and local primacy, partnership and inclusiveness, public information, unity of effort, timeliness and flexibility, resilience and sustainability, and psychological and emotional recovery, the Task Force shall:

In contrast, the Christie response to champion immediate rebuilding and to appoint a corporate crony Rebuild Czar can best be described as extremely reckless and ad hoc.

We hope the Legislature follows President Obama’s lead and asserts legislative power to force a prudent rebuild strategy, including formation of a new Coastal Commission to guide that public planning process.

(see this for what the contents of that plan should look like)

An Informed View on Coastal Management from Former DEP Commissioner

The environmental, public interest, and planning communities should get behind and widely promote these recommendations

Mark Mauriello, former DEP Commissioner speaks at NJBIA event (1//9/09)

[Update: 12/9/12 – Read this superb editorial at Asbury Park Press today:  Clarify state role in rebuilding.

They clearly get it and call for either a moratorium on rebuilding or a Coastal Commission as well as strings on FEMA money and adoption of new FEMA maps and elevations:

Why aren’t Christie, Martin or the new czar calling for a regional approach to rebuilding the battered coast? Virtually every knowledgeable observer of the coastal ecosystem has said that decisions about where and whether to rebuild, and how to best protect homeowners, businesses and infrastructure from future storms, recommends that the state or regional bodies oversee the reconstruction. […]

The best course, in our view, would be a temporary moratorium on any new construction without explicit approval from the state Department of Environmental Protection or a new coastal commission.

Bravo! – end update]

I just listened to former DEP Commissioner Mark Mauriello deliver a brilliant presentation on Sandy lessons learned and outline a path forward at Monmouth University ‘s Urban Coast Institute’s conference.

Mauriello called for many of the things we’ve recommended, such as: 1) repealing Executive Order #2, 2) repeal of the CAFRA right to rebuild provision, with certain lands “targeted” for “strategic retreat” from highly vulnerable locations; 3) stronger regulatory standards and closure of loopholes; 4) comprehensive land use planning; 5) strong dune and barrier island protection laws; 6) strict regulatory strings on rebuild money; and 7) a new Coastal Commission.

I agree with virtually everything he said, except he left out a need for a drastic and concrete global warming policy agenda and the need to revoke DEP Commissioner Martin’s Order to deregulate rebuild. I think criticism of DEP for failure to update flood hazard maps was in order, as well as conveying the fact that new FEMA “base flood” and design elevations will not fully incorporate global warming impacts (although those issues were discussed in a chart on the 100 year storm event and probabilities. And Mark did note the cumulative effects of sea level rise, stronger storms and storm surge; and coastal erosion and subsidence. Could you even imagine the current DEP Commissioner delivering such remarks? Sorry, but I could not resist that well deserved but cheap shot!)

But I disagree wih the remark that what I have advocated, i.e. a “strategic restreat” from highly vulnerable locations – is an extreme view that polarizes the discussion.

[and I loved Mark’s admission that – due to politics – he may have been part of the problem while at DEP!]

The environmental, public interest, and planning communities should get behind and widely promote these recommendations.

I took screen shots of the recommendations his powerpoint – apologies for poor resolution – see below.

Hopefully, Monmouth University will post links to the video of the presentation so you can see the full presentation and listen to Mark deliver his wonderful talk.