WolfeNotes.com

Bill WolfeFat cat lobbyists for the NJ Builders Association – the $600 suits – hog the front row before the Senate Legislative Oversight Committee hearing.
That Pastoral Mural in background is ironic, no?

In an orchestrated attack that played on real economic hardship, lobbyists for NJ Builders Association lashed out at the Department of Environmental Protection (DEP) and clean water and toxic site cleanup regulations, before a Senate Legislative Oversight panel today in Trenton.
The spectacle was understandable, given economic distress over the recession in the home construction industry, caused by the home loan mortgage crisis and the bursting home equity bubble. But – even by Trenton’s dog and pony standards – the Builders’ show hit an all time low. So low in fact, that only 3 members of the Committee even showed up for the hearing – the no shows distancing themselves by avoiding the embarrassment [Note: error – the Cmte. has 5 members, only Sen. Lesniak was absent].

Bill WolfeHomebuilders – real people, not the $600 suits crowd – are shunted off to the side and rear meeting rooms at today’s hearing.

In rhetoric unhinged from science, fact, or law, the Builders’ lobbyists attempted to make DEP and environmental regulations the scapegoat for the current economic recession. But the smear backfired, and in the process, the Builders’ lobbyists destroyed what little credibility they had. Their efforts were ineffective and a disservice to the little guys that make up the dues paying membership of the NJ Builders Association.
Here’s the story (listen to the full May 1 hearing here: http://www.njleg.state.nj.us/media/archive_audio2.asp?KEY=SLO&SESSION=2008

DEP Commissioner Lisa Jackson and Larry Baier, Director Of Watershed management, brief the Senate Legislative Oversight Committee on water quality management planning rules (AKA “swer rules”).

DEP recently proposed two sets of regulations. The first, known as “sewer rules” are designed to protect water quality from sewer plant discharge and the impacts of development: http://www.nj.gov/dep/rules/proposals/052107a.pdf. The other, the “soil cleanup criteria” set minimum standards for toxic site cleanups to protect public health: http://www.nj.gov/dep/rules/proposals/050707a.pdf
Environmental advocates have criticized both rules as political compromises that are far too weak to address NJ’s toxic industrial legacy, assure clean water, curtail NJs overwhelming sprawl development pattern, or revitalize and cleanup NJ’s most disadvantaged urban communities.http://www.peer.org/news/news_id.php?row_id=832
http://www.peer.org/news/news_id.php?row_id=910
Under the NJ Constitution, the Legislature has power to oversee regulations adopted by State Agencies, and may veto those regulations legally deemed “inconsistent with legislative intent”. Today’s oversight hearing focused on two DEP rules, the so called “sewer rules” and toxic site cleanup soil and groundwater standards.
At the outset of the hearing, Committee Chairman Sarlo made it clear that the hearing focus was NOT on a Legislative veto to strike down the DEP rules as inconsistent with legislative intent, and NOT a forum to bash DEP. To his credit, Sarlo was well prepared and substantively questioned DEP staff and environmental groups. At the same time, playing both sides of the fence, he teed up softball criticisms for the builders lobby.

Bill WolfeSenator Nia Gill (D/Essex) asked tough questions of builders lobbyists.

Republican Senators Cardinale (R/Bergen) and Kyrillos (R/Monmouth) complained the DEP rules were “too complicated to understand” – but they both admitted that they had not even read the rules. In shameful pandering, both Kyrillos and Cardinale drank the cool-aid and criticized the DEP for harming the econony. Kyrillos claimed the rules “may not be workable” because they “look like Chinese – or Hebrew – something I don’t even understand” (without having even read them!).

Bill WolfeSenator Paul Sarlo (D/Bergen) Chairman was careful to emphasize that hearing was not intended to “bash DEP” or exercise the Constitutional Legislative Veto power

The most thoughtful questions of the day came from Senator Nia Gill (D/Essex) who observed that the national economic recession was the cause of the problem. She asked Builders to document the claim that DEP regulations harmed the construction industry. Rejecting Builders’ attacks and defending environmental safeguards, Gill cut straight to the core:
“Command and control to me is as important as certainty is for the development industry”. Later, crystalizing the real policy conflicts, Gill said “What may be unacceptable to investors may be necessary to protect public health in my communities.”.

Bill WolfePanel representing NJ Builders Association

In over the top testimony, the Builders Association claimed that the DEP water quality and toxic site cleanup rules would cause “a devastating downward spiral” leading to a “full blown recession”. Yet they offered not one shred of evidence to support these claims or any legal analysis to support a claim that the DEP regulations were not authorized by or inconsistent with legislative intent. 

Bill WolfeNJ Business and Industry Association lobbyist joins Builders’ attack on clean water and toxic site cleanup environmental safeguards

The only surprise of the day was the support of the NJ Business and Industry Association (the Chamber of Commerce sat this one out). It was a surprise that NJBIA affiliated themselves with gross exaggerations and falsehoods, including the economic recession claims, and absolutely false scare tactics that the rules would impose a “development moratorium”.
This reckless rhetoric does not advance sound public policy.

Bill Wolfe