Gov. Murphy today signed S3207(Smith)/A4821(Huttle) that fails to set new targets for cutting greenhouse gases under the Global Warming Response Act. The new law calls for more testing but lacks meaningful benchmarks for reductions. It does not provide DEP with any more authority to regulate CO2 and greenhouse gases than it already has. The law also does not regulate black carbon. By signing the bill the governor did not include several amendments recommended by the New Jersey Sierra Club that had been previously agreed on by the legislature but later dropped.

“There is a climate emergency happening and people have a real sense of urgency, but this law does not move us forward. Gov. Murphy had a chance to strengthen this legislation, but chose not to. The new law calls for more monitoring, but doesn’t require any regulation or reduction of greenhouse gases. DEP will have 18 months to come up with rules on testing and monitoring and then have another 18 months to do the monitoring and testing to change the voluntary timeline under the law. There’s nothing in this law that DEP can’t already do. The law supports the status quo, and given the sense of urgency on climate change status quo is only moving us backwards,” said Jeff Tittel, director of the New Jersey Sierra Club. “We could have become a national leader, instead we missed an opportunity to better protect us from climate change. We need much stronger action, including a moratorium on all fossil-fuel projects in the state. We need to regulate CO2. We need specific targets for greenhouse gas reductions every 5 years. We can’t wait. The climate crisis is already here and it’s only going to get worse.”

Legislators had agreed to amendments to toughen the bill. The amendments included real targets every 5 years for greenhouse gas reductions. DEP opposed the amendments and they were taken out. DEP further weakened the bill by removing regulations for black carbon. The bill was passed with the understanding that the governor could fix it through a conditional veto. Gov. Murphy chose to sign the law without the amendments. Without those changes DEP’s authority under the Global Warming Response Act remains largely the same.

 “The original bill had language to study and regulate short-term pollutants like black carbon. That language was taken out. Black carbon is soot that is a pervasive problem in urban areas overburdened by pollution. In signing the bill Gov. Murphy said he would direct DEP to use its existing authority to address black carbon and other short-lived pollutants. It was Murphy’s DEP that took out black carbon because they didn’t want to do it. It’s not in the bill, they won’t be legally required to do it, and so they won’t do it,” said Tittel. “The governor is trying to spin the public. By putting out the statement. He could have put the black carbon in with a conditional veto, but chose not to. This bill does not require them to regulate or reduce black carbon. The governor also did not add any environmental justice language into the bill that we asked for to help areas that already suffering disproportionately from pollution.”

DEP has so far failed to regulate CO2 emissions like other pollutants. That’s among the reasons a moratorium on the state’s 8 proposed pipelines, 6 power plants and an LNG port is so important. All of those projects must be halted at least until regulations on CO2 and GHGs are put in place.

“When the bill came out we asked for some strengthening amendments and legislators agreed to them. DEP opposed them and also weakened the bill more by removing black carbon and other things. The bill should have required DEP to regulate CO2 and GHGs, which DEP has refused to do even though they’ve had the authority since 2005. Given the climate crisis, DEP’s refusals and weakening of this law is shameful,” said Tittel.“We were working with the governor’s office to try to strengthen the bill to make important amendments like having 5-year targets for reducing CO2 and greenhouse gases. The governor refused by signing the bill the way it is, which we believe is a setback in moving New Jersey forward on climate change.

New York just passed one of the most ambitious climate laws in the world. By 2030, the state will have to get 70% of its electricity from renewable sources. By 2050, it will be legally required to cut emissions by 85%.

“Gov. Murphy could have strengthened this bill with a conditional veto, but chose not to. By signing it as is, he’s undercutting his own commitments under Executive Order 7 to move us forward on climate change. He says the state has a comprehensive emissions strategy, but it doesn’t. He does not show the sense of urgency that other states like New York are showing. While New York and Gov. Cuomo have set a strong goal of zero carbon economy-wide by 2050, New Jersey is going to Carbon Neutral. That includes natural gas, fossil fuel power plants with carbon sequestration, incinerators, biomass, carbon credits and offsets. A lot of carbon will still be released,” said Tittel. “The definition also includes nuclear energy, which is not clean energy. The nuclear subsidy ties us to buying 32% of our energy from nuclear until 2050. That will require nuclear plants to stay open beyond the expiration of their licenses. The EMP sets a goal of 80% reduction in greenhouse gases by 2050. That’s not good enough. We need to get to 100%, like New York.”

Last week, New York announced that they will be awarding Orsted and Equinor contracts to build 1700MW of offshore wind. Orsted will build 816MW and Equinor will build 884MW. The wind projects will be built off the coast of Long Island, which will start operation by 2024.

“New York has also set much stronger goals than New Jersey on renewable energy. New York is aiming for 70% of its electricity from renewable energy by 2030 and 100% by 2040. New Jersey’s EMP makes no mention of renewable energy beyond 50% in 2030.  We have a goal of 100% Clean Energy by 2050, but Clean Energy is now Carbon Neutral. That means by 2050, half our energy can come from dirtier fuels like natural gas and nuclear,” said Tittel. “Seven other states have already set goals of 100% renewable energy. Gov. Cuomo last week awarded contracts for 1,700 MW of offshore wind. By signing this bill, Gov. Murphy is trying to make it seem like he’s doing something on climate change when he’s not moving us forward. The governor’s talk is just a lot of hot air.”

Last week Gov. Cuomo continued implementing New York’s strong law on climate change by awarding contracts for 1,700 MW of offshore wind. This week Gov. Murphy signs a weak law that does little to combat climate change. We are falling farther behind New York and other states like Washington and Massachusetts in reducing greenhouse gases.”

The climate crisis is already here and getting worse. The last five years have been the hottest on record. Evidence of climate impacts is everywhere, increasing the urgency to reach 100% renewable energy more quickly. New Jersey needed strong provisions in the Global Warming Response Act to help reach those goals, and this law does not provide that.

“The lack of specific targets for reductions in the Global Warming Response Act means the DEP will not be compelled to set standards for CO2 and greenhouse gases. DEP has had the authority to regulate CO2 and GHGs since 2005, but has chosen not to use that authority. That won’t change under this law. This law now amounts to testing without monitoring. That’s like when your house is on fire and you run out to get a fire alarm. Without meaningful targets in reducing CO2, GHG emissions and black carbon we will be blocked from reaching 100% renewable energy,” said Jeff TIttel, director of the New Jersey Sierra Club. “The climate crisis is getting worse, and more and more states are becoming national leaders on climate change while we’re standing still. We need leadership from the governor and the legislature to move us forward with real legislation to get us to 100% renewable energy by 2030 and zero carbon by 2050.”