Gov. Rendell proposed funding his Growing Greener II proposal with a variety of new fees on household waste, waste from businesses and chemicals reported under the federal Toxic Release Inventory. Prior to this month no other state had a similar line up of fees.

However, neighboring New Jersey’s final budget settlement in June put in place or increased several sets of fees on toxic air emissions and hazardous substance transfers earmarking the revenue for improving security around nuclear power plants.

Assembly Bill 3118 imposes an annual air toxics surcharge based on emissions at certain facilities. The surcharge would be based on the annual emissions of what New Jersey calls Category 2, Category 3, and Category 4 toxic substance as reported in the release and pollution prevention report for that facility.

The air toxics surcharge for each facility would be: (1) $10.00 for each pound of Category 4 toxic substances released as stack or fugitive emissions; (2) $1.00 for each pound of Category 3 toxic substances released as stack or fugitive emissions; and (3) $0.10 for each pound of Category 2 toxic substances released as stack or fugitive emissions.

The bill also establishes the "Nuclear Power Plant Security Fund" as a special non-lapsing fund in the NJ Department of Environmental Protection. The fund will be credited with $2,000,000 from the amount of air toxics surcharges under the act. Monies in the fund must be used to provide or enhance security at nuclear power plants in this State.

New Jersey also increase the fees imposed on hazardous substance transfers and discharges. Assembly Bill 3117 changes the tax imposed pursuant to the Spill Compensation and Control Act for transfers of hazardous substances from 0.0150 to 0.023 cents per barrel for petroleum or petroleum products, precious metals, elemental phosphorus, or in certain circumstances, antimony or antimony trioxide sold for use in the manufacture or for the purpose of fire retardants.

For hazardous substances other than petroleum products, precious metals, elemental phosphorus, or, in certain circumstances, antimony or antimony trioxide sold for use in the manufacture or for the purpose of fire retardants, the bill changes the tax from 1 percent to 1.53 percent of the fair market value of the product.

Will the “Green Ribbon” Commission established to look into developing an environmental funding proposal for the fall take the same track? We’ll find out!

7/23/2004