Bill Text: NJ AR62 | 2012-2013 | Regular Session | Introduced
Bill Title: Opposes extension of Tennessee Gas Pipeline into Bergen County.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-03-05 - Introduced, Referred to Assembly Environment and Solid Waste Committee [AR62 Detail]
Download: New_Jersey-2012-AR62-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman CONNIE WAGNER
District 38 (Bergen and Passaic)
SYNOPSIS
Opposes extension of Tennessee Gas Pipeline into Bergen County.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution opposing extension of the Tennessee Gas Pipeline.
Whereas, The El Paso Corporation (also known as Tennessee Gas) has proposed a natural gas pipeline expansion project ("Northeast Upgrade"), which would extend the corporation's pre-existing Tennessee Gas Pipeline system through some of the most environmentally sensitive areas in northern New Jersey, and Bergen County, in particular; and
Whereas, Although the Federal Energy Regulatory Commission (FERC) has concluded, in a draft environmental assessment, that the Northeast Upgrade will not result in significant environmental impacts to the project site or surrounding areas, this environmental assessment has been criticized by both the federal Environmental Protection Agency and the New Jersey Department of Environmental Protection, on the basis that the FERC did not have enough information to reach its decision in the matter; and
Whereas, On January 19, 2012, following a public hearing at which several New Jersey residents and environmental organization representatives expressed concerns about the Northeast Upgrade, the New Jersey Highlands Water Protection and Planning Council voted to delay its decision on the matter for 30 days, due to the lack of information on the proposal; and
Whereas, The Northeast Upgrade would begin just west of the Monksville Reservoir, where the "300 Line" - another Tennessee Gas Pipeline expansion project - ends, and it would continue east to Mahwah, in Bergen County, parallel to an existing pipeline, and across the Ramapo geologic fault line; and
Whereas, The Northeast Upgrade would require construction on preserved public lands containing important environmental resources, such as steep slopes and wetlands, and the high quality Bear Swamp Brook and Ramapo Valley County Reservation ("Ramapo Reservation") in Bergen County; and
Whereas, The Ramapo Reservation is Bergen County's largest park and is a unique and irreplaceable natural and recreational resource - containing the county's most environmentally sensitive areas, including extensive areas of natural landscape, as well as vernal pools, wetlands, forest, and rare plant and animal habitat; and
Whereas, Although the El Paso Corporation claims that it will mitigate any environmental damage that is caused by its pipeline projects, recent aerial photographs from the site of a similar Tennessee Gas Pipeline project, which was completed 50 years ago in the State, visibly show the area of land that was cleared by the company for that particular project, and support the conclusion that the company's mitigation efforts are incapable, even after five decades time, of restoring the environment to its original condition; and
Whereas, Over the past two years, during construction of the 300 Line, the El Paso Corporation has created a 150-foot-wide swath of barren land in the Highlands, referred to as a "scar", which now allows for significant and unprecedented sedimentation runoff into once-pristine streams and lakes; and
Whereas, On February 1, 2012, the Township Council of West Milford in Passaic County - a municipality directly affected by construction of the 300 Line - unanimously adopted a resolution condemning the 300 Line project, and averring that the El Paso Corporation took only "minimal efforts," at best, to fulfill its initial and profuse assurances to residents, local boards and committees, and the governing body, that the project would result in minimal, or even beneficial, financial, practical, and environmental impacts to the community; and
Whereas, The El Paso Corporation also has a bad track record in pipeline safety, with the Tennessee Gas Pipeline, in particular, having been wracked by two major rupture and explosive events in 2011 alone, including an explosion in Ohio that could be seen for 30 miles, and a subsequent explosion in Missouri, which caused the pipeline to be shut down; and
Whereas, The construction of the Northeast Upgrade through its currently proposed course - a course that would traverse the Ramapo geologic fault line - would increase the probability that a rupture and explosion event could occur in Bergen County; and
Whereas, Northern New Jersey is at high risk for damaging flooding, especially along the Hackensack River, Saddle River, Ramapo/Mahwah River, Passaic River and their tributaries and watersheds; and
Whereas, The proposal to extend the Northeast Upgrade through Bergen County has met with stiff opposition from community residents and environmental organizations, on both safety and environmental grounds; and
Whereas, Despite the vocal bipartisan opposition to this project, the Bergen County Board of Freeholders, on February 16, 2012, adopted a resolution, with a vote of 4 to 3, approving the construction of the Northeast Upgrade project through the Ramapo Reservation and paving the way for further State and federal project approvals; and
Whereas, The Bergen County Freeholders' decision to authorize the Northeast Upgrade project was based, in part, on an environmental impact report issued by the Bergen County Department of Planning and Economic Development, which report has been strongly criticized by environmental organizations for its absence of independent analysis, and its total reliance on potentially biased information provided by the El Paso Corporation; and
Whereas, Although the Highlands Water Protection and Planning Council approved a resolution for the completion of a Tennessee Gas Pipeline project, the vote was conditioned on implementation of a Comprehensive Mitigation Plan to address any potential impacts to Highlands resources; and
Whereas, Given the El Paso Corporation's concerning track record in pipeline safety and environmental remediation, the negative experiences of local communities in relation to prior Tennessee Gas Pipeline expansion projects, and the extreme environmental sensitivity and population density of the proposed site area, it is in the public interest of the citizens of New Jersey, and the citizens of Bergen County, in particular, to prevent the local, State, and federal approval of this project; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. This House is deeply concerned about the construction of the Northeast Upgrade natural gas pipeline project through its currently proposed course, and strongly urges the Federal Energy Regulatory Commission to withhold approval of the project until a more comprehensive and definitive investigation is completed, the "scar" created by Tennessee Gas across the Highlands has been remediated, and safeguards have been established to protect the environments of Bergen and Passaic Counties.
2. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and attested by the Clerk thereof, shall be transmitted to the Chairman of the Federal Energy Regulation Commission, the Commissioner of the New Jersey Department of Environmental Protection, the New Jersey Highlands Council, the Board of Public Utilities, the Bergen County Board of Freeholders, the County Executive of Bergen County, and the West Milford Township Council.
STATEMENT
This resolution opposes the extension of the Tennessee Gas Pipeline through Bergen County and the environmentally sensitive surrounding areas, and it urges the Federal Energy Regulatory Commission to withhold its approval of this particular project until: (1) a comprehensive and definitive investigation is completed, (2) prior pipeline project sites in the Highlands are remediated, and (3) appropriate safeguards are established to protect the environments of Bergen and Passaic Counties.
The El Paso Corporation has proposed a natural gas pipeline expansion project ("Northeast Upgrade"), which would extend the corporation's pre-existing Tennessee Gas Pipeline from the Monksville Reservoir to Mahwah in Bergen County. The Northeast Upgrade would begin where the "300 Line" - another Tennessee Gas Pipeline expansion project - ends. It would run parallel to an existing pipeline, would cross over the Ramapo geologic fault line, and would pass through highly flood-prone regions of northern New Jersey.
The Northeast Upgrade project would require construction on preserved public lands containing important environmental resources, such as steep slopes and wetlands, and the high quality Bear Swamp Brook and Ramapo Valley County Reservation ("Ramapo Reservation") in Bergen County. The Ramapo Reservation is Bergen County's largest park and is a unique and irreplaceable natural and recreational resource - containing the county's most environmentally sensitive areas, including extensive areas of natural landscape, as well as vernal pools, wetlands, forest, and rare plant and animal habitat.
Although the El Paso Corporation claims that it will mitigate any environmental damage that is caused by its pipeline projects, recent aerial photographs from the site of a similar Tennessee Gas Pipeline project, which was completed 50 years ago in the State, visibly show the area of land that was cleared by the company for that particular project, and support the conclusion that the company's mitigation efforts are incapable, even after five decades time, of restoring the environment to its original condition. Over the past two years, moreover, during its construction of the 300 Line, the El Paso Corporation has created a 150-foot-wide swath of barren land in the Highlands, referred to as a "scar", which now allows for significant and unprecedented sedimentation runoff into streams and lakes that were previously pristine. The El Paso Corporation's remediation efforts with regard to its 300 Line project have been strongly criticized by the Township Council of West Milford in Passaic County - a municipality directly affected by that project - and, in a resolution dated February 1, 2012, the Township Council condemned the 300 Line project, averring that the company took only "minimal efforts," at best, to fulfill its initial assurances that the project would result in minimal or beneficial financial, practical, and environmental impacts to the surrounding communities.
The El Paso Corporation also has a concerning track record in pipeline safety, with the Tennessee Gas Pipeline, in particular, having been wracked by two major rupture and explosive events in 2011 alone. The pipeline's proposed course over the Ramapo geologic fault line would only increase the probability that such a rupture and explosive event would occur in Bergen County.
