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Curiosity Kills The Green Cat

Seems Like Every “Green” Rock I Turn Over I Find Bullshit

This morning, I checked in to see what was shaking in the Legislature today and noticed that the Senate Economic Growth Committee was meeting to hear a bill, S3010 the “Grow NJ Assistance Act”.

Always wary of what Trenton might do in the name of economic growth, and noting that the sponsor was Sen. Sarlo, I hit the link and scanned the bill to see what that was all about.

As I quickly scrolled thru and read the definitions in the bill, a provision of existing law caught my eye:

“Minimum environmental and sustainability standards” means standards established by the authority in accordance with the green building manual prepared by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.132 (C.52:27D-130.6), regarding the use of renewable energy, energy-efficient technology, and non-renewable resources in order to reduce environmental degradation and encourage long-term cost reduction.

So wow, NJ has “minimum sustainability standards” and green building standards! Who knew?

I had to check that out.

And low and behold, a less than 5 minute Google of the law, it’s legislative history, the interim Guidance, and the current “green building manual” turned up the typical pattern of Trenton bullshit.

Here’s the all too typical pattern I’ve seen so many times before – sequentially – which is rarely called out by the press or environmental lobbyists.

And keep in mind that this occurred during a time when the Democrats controlled both houses of the Legislature and there was a so called pro-environmental Democratic Governor (Jon Corzine) who “got it” on climate change (Corzine later signed the toothless Global Warming Response Act), and a self proclaimed aggressive technocrat DEP Commissioner (Lisa Jackson).

The Trenton Green Shuffle

1. The introduced version of the bill has teeth – it mandates that a State Agency, DCA, adopt standards that are regulatory and enforceable and part of the NJ Uniform Construction Code:

Requires promulgation of green building subcode under State Uniform Construction Code.

I didn’t do a search of media clips, but no doubt the bill got good press and was given exaggerated praise by environmental groups. The positive headline and the quote is what they’re all looking for, e.g. “Democrats Seek Green Sustainable Buildings – Environmentalists praise step towards fighting climate change“.

2. The bill is referred to the Economic Growth Committee, not the environmental committee.

3. No doubt as a result of opposition by the Builders Association, the introduced version of the bill is gutted behind the scenes by a Senate Committee substitute –

The substitute bill has no teeth – the mandate in the introduced version for DCA to promulgate enforceable regulatory standards has turned into a request to please publish a voluntary Guidance Manual when you can find the time:

Authorizes DCA Commissioner to prepare and make available to the public a green building manual.

Again, without having checked out the press, I’d bet that there were no press reports that the bill was gutted and no angry denunciations of the sell out.

4. The Governor signs the gutted bill into law.

I’d bet if you went back and checked it out, the Gov.’s signing statement failed to note the difference between regulatory standards in the UCC and the Guidance manual – and you just might find a signing statement and press releases by the Gov. and or sponsors that exaggerates the significance of this toothless exercise that has no impact on actual practice.

5. State government regulators hide behind Rutgers and let the same cast of characters there (former DEP employees) draft “Interim Guidelines”.

The same old cast of characters (Judy, Jeanne, Athena & Mike) form a Committee to draft the Guidance Manual authorized – but not mandated – by the law.

Of course there is delay and little transparency and public participation in the Committee’s deliberations.

Because the law lacks teeth, so do the “Interim Guidelines” – but the lay reader would not know that, because the Guidelines are chock full of “green” rhetoric and what look like references to real technical standards.

This too is a standard ploy – they always dress up a toothless voluntary guide with bullshit –

The weaker the Guide is, the more bullshit required to hide that fact.

6. The Christie Administration assumes office.

They go one step even deeper into bullshit. They avoid any possibility of even the appearance of or implied technical standards or regulatory teeth.

They take a toothless but technical jargon loaded Interim Guidance Manual and turn into into a totally empty shell website with merely the most basic elementary narratives.

But the website looks impressive though, doesn’t it?

So there it is folks, another day in “green” sustainability bullshit.