The BEAT News

In the News

• Zebra Mussels Spreading in Housatonic River
• Transportation Public Comment Period Open
• Hoosic River Ride 2011
• California Conservation Groups Challenge Agricultural Runoff Exemption from Clean Water Act Permitting
• Open Consultation: Ecological Garden Design in the Berkshires
• Ask All Hotels to Join EPA WasteWise Program
• Auction of Antique Car to Benefit Williamstown Rural Lands Foundation
• Berkshires Project Benefits Wildlife Habitat & Recreation
• MLTC Urges Participation In EEA Outdoors Survey
• Public Meeting and Hearing on Changes to the Cleanup Plan for the Burgess Brothers Landfill Superfund Site in Bennington, VT
• Take Action to Pass the No Net Loss of Public Lands Bill
• Beat the Peak with Water-Saving Tips from WaterSense
• AmeriCorps/MassLIFT Opening

CALENDAR OF EVENTS
Environmental Monitor
Public Notices Alphabetically by town
The BEAT News Archives

Advocacy News (Includes how to reach your legislators)

DEP Enforcement Actions In The Berkshire

Please send items of interest to kristen@thebeatnews.org
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Zebra Mussels Spreading in Housatonic River


Ethan Nedeau, Senior Ecologist with Biodrawversity out of Amherst, MA reports that his team has been collecting "veliger tows" periodically from May to July at several stations in the Housatonic River from Laurel Lake down to the CT border, and then continuing down toward Long Island Sound. Veligers are the planktonic larvae of many mollusks including zebra mussels. They also re-surveyed the Willow Mill, Glendale, and Rising Paper Mill dams for adult zebra mussels in May. They found adult zebra mussels in all three impoundments at low densities. They are also consistently finding zebra mussel veligers throughout the Massachusetts portion of the Housatonic River below the outlet of Laurel Lake and into Connecticut, with highest densities from the pipe alongside the Eagle Mill building in Lee, the Willow Mill impoundment, and the Glendale impoundment.
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Transportation Public Comment Period Open

On July 26, 2011, the Berkshire Metropolitan Planning Organization (MPO) initiated a 30 day public comment period on the following transportation documents:

2012 Regional Transportation Plan (RTP) - The RTP outlines priority transportation projects and improvements in the areas of highways, public transportation, airports (though not air travel), railroads, and bicyclist and pedestrian options. The RTP, which includes both short and long range projects, is the guiding document for all regional, state and federal transportation planning and implementation efforts.

2012-2015 Transportation Improvement Program (TIP) - The TIP is a prioritized, multi-year program for the implementation of federally funded transportation projects in Berkshire County.

2012 Unified Planning Work Program (UPWP) - The 2010 UPWP is a list, budget and description of all federally funded transportation planning work to be performed between October 1, 2011 and September 30, 2012, mostly by staff of the Berkshire Regional Planning Commission (BRPC) and consultants working for BRPC, under the auspices of the Berkshire Metropolitan Planning Organization.

Copies of these documents can be downloaded from the Berkshire Regional Planning Commission’s website at www.berkshireplanning.org

Comments on these documents are due by August 29, 2011 and should be directed to the BRPC, 1 Fenn Street, Suite 201, Pittsfield MA 01201 or via e-mail to transportation@berkshireplanning.org

On August 18th at 5:30 PM, a public meeting and public hearing will be held at the Berkshire Regional Planning Commission, 1 Fenn Street, Suite 201, Pittsfield MA to provide the public an opportunity to gain a better understanding to the TIP, RTP and UPWP. The public may also provide comment on these documents at this meeting.
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Hoosic River Ride 2011
Saturday, August 20
Southern Vermont College, Bennington, VT
The Seventh Annual Hoosic River Ride promises to be the biggest ever. Save the date. Online Registration is open!
Visit BikeReg.com to register or to get more ride details.

The Hoosic River Ride is a one-day (rain or shine) event that benefits the education, research and advocacy programs of the non-profit Hoosic River Watershed Association (www.hoorwa.org). For the last six years, riders have responded very positively to the routes, the aid stations, picnic and just about every facet of the event. Locals have loved the challenge of new routes and the novelty of having their workout catered, while visitors have seized upon the cultural opportunities, everything from world class art to great theatre and music, offered by the region, to make the ride part of a great getaway weekend.

The venue this year is the same as last year, the athletics building at Southern Vermont College in Bennington, VT. The Ride will continue to offer four scenic route options that traverse primarily secondary roads with great views, historic landmarks, covered bridges and yes, even a bit of hard-packed dirt (suitable for regular road tires).

Each group of riders will rollout together to start their chosen route. There will be well-stocked aid stations along the way, and routes will be marked on the road and cue sheets will be available to all. EMT support will be available at all aid stations and back at the registration area. Additionally, roving tech support will exist on each route, although all riders should come prepared with bikes tuned up and ready to go and a spare tube, tire irons and air to support your bike if need be. A complimentary tech check will be available at registration. A wonderful post ride picnic will start at 11:30 and run until 3:00 p.m. to help you celebrate your day.

If you register by August 1 you will receive $10 off your registration fee. Commemorative ride jerseys are available for $65, or you can raise $250 to get one free, along with a 1-yr. HooRWA membership. For route maps of the routes, you can click on the route name below and download a pdf file.

The Monument Loop
Two State Tour
Hoosic 50
Lisa’s 3 State Watershed Challenge
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California Conservation Groups Challenge Agricultural Runoff Exemption from Clean Water Act Permitting
By Jeff Kray
July 28, 2011

A coalition of fishing associations and conservation groups (collectively “Conservation Coalition”)[1] has issued a notice of intent to sue letter to the U.S. Bureau of Reclamation (“Bureau”) and California’s San Luis & Delta-Mendota Water Authority (“Authority”) over alleged discharges of pollutants in water running off of California crop-land through canals known as the Grasslands Bypass Project and ultimately into the San Francisco Bay Delta. The Conservation Coalition’s letter is the first step toward a probable suit under the Clean Water Act (“CWA”)[2] testing whether the Bureau and the Authority are discharging water within the scope of the CWA’s exemptions for return flows from irrigated agriculture. If those exemptions are unavailable or narrower than previously understood then far more of the United States’ 330 million acres of agricultural land[3] will be subject to CWA jurisdiction and many farmers formerly exempt from permitting will be required to obtain and comply with water quality permits.

The Grasslands Bypass Project
The Grasslands Drainage Area is an agricultural region on the west side of California's San Joaquin Valley.[4] The agricultural land there is productive, but the soil contains a high level of selenium, a naturally occurring trace element.[5] When farmers in the San Joaquin Valley irrigate their crops, selenium washes from the soil and accumulates in the agricultural drainage water that collects in the tiles installed to drain excess water from the fields.[6]

The Bureau and the Authority operate the Grasslands Bypass Project (“Project”).[7] Before the Project began in 1996, drainage water from farms in the 97,000 acre Grassland Drainage Area was discharged into Salt Slough and other channels used to deliver water to wetland areas.[8] The drainage water contains high concentrations of selenium, salts, and other constituents that are harmful to wildlife.[9]
The Project prevents discharge of subsurface agricultural drainage water into wildlife refuges and wetlands in central California.[10] The drainage water is conveyed instead through a segment of the San Luis Drain to Mud Slough, a tributary of the San Joaquin River. According to the Bureau, “the Project improves water quality in the wildlife refuges and wetlands, sustains the productivity of 97,000 acres of farmland, and fosters cooperation between area farmers and regulatory agencies in drainage management reduction of selenium and salt loading.”[11] The Conservation Coalition alleges, however, that the Project is now conveying selenium and other pollutants into Mud Slough, the San Joaquin River, and the San Francisco Bay Delta and, therefore, violating the CWA.

Clean Water Act Permitting
CWA Section 301(a)[12] generally prohibits the discharge of a “pollutant” from any “point source” into waterways without a National Pollution Discharge Elimination System (“NPDES”) permit. The CWA defines a “point source” as “any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, [or] conduit . . . from which pollutants are or may be discharged.”[13] NPDES permits are governed under CWA Section 402.[14] NPDES permits require regulated facilities to manage and monitor water quality to ensure that contaminated water is not discharged to wetlands, creeks, rivers, and marine waters.

The CWA does not, however, require permits for certain agricultural water discharges. In 1977, Congress amended the CWA to expressly reverse a court decision in NRDC v. Train,[15] which would have required an NPDES permit for return flows from irrigated agriculture.[16] At the time, Congress made two relevant amendments to the CWA. First, Congress exempted irrigation return flows from NPDES permitting: “The Administrator shall not require a permit under this section for discharges composed entirely of return flows from irrigated agriculture.”[17] Second, Congress excluded return flows from the definition of point source: “This term does not include return flows from irrigated agriculture.”[18] As a result, the EPA does not consider return flows from agricultural lands to be point source pollution.[19]

The Conservation Coalition Challenges to the Return Flow Exemption
The Conservation Coalition argues that the Project’s “pumping and discharge of polluted water into Mud Slough, the San Joaquin River, and eventually the San Francisco Bay Delta constitutes the discharge of a pollutant from a point source into a water of the United States for which no permit has been issued.”[20] They further argue that the Project’s discharges threaten ecological resources – including delta smelt, salmon, steelhead, and sturgeon – and also the Bay-Delta drinking water supply. The Conservation Coalition demands that the Bureau and the Authority apply to the California Regional Water Quality Control Board for an NPDES permit or cease all unpermitted discharges.[21] The Conservation Coalition’s demands effectively seek to have the Bureau and the Authority manage and possibly treat contaminants in irrigation return flows.

The Conservation Coalition will likely look to several court decisions to support their arguments. They will look to the U.S. Supreme Court’s decision in South Florida Water Management Dist. v. Miccosukee Tribe of Indians (“Miccosukee”),[22] to argue that the return flows exemption does not apply to the Project’s discharges. In Miccosukee, the Court held that “point source” includes not only point sources that generate pollutants, but also conveyances that transfer pollutants originating elsewhere to navigable water.[23] The Court, however, ultimately remanded the case to the lower court to determine whether the canal, from which the polluted water was pumped, and the wetlands, to which the water was discharged, are distinct water bodies; if not, no permit is required since there can be no “addition” of pollutants. Although the Conservation Coalition cites Miccosukee for the proposition that under the CWA “any discharge that is not made up ‘entirely’ of agricultural return flows is not exempt”, the Bureau and the Authority will likely respond that the decision does not support such a broad holding. This will ultimately be one of the key issues in the pending litigation.

The Conservation Coalition may also look to the Ninth Circuit Court of Appeals’ recent decision in Northwest Environmental Defense Center (NEDC) v. Brown (“Brown”) for support.[24] In Brown, the Ninth Circuit severely limited the application of the EPA’s Silviculture Rule, which defines a limited class of activities as “silvicultural point sources,” and interprets “nonpoint source silvicultural activities” as outside the NPDES program.[25] The case involved two Oregon logging roads where stormwater runoff is collected in systems of ditches, channels, and culverts, and then discharged into adjacent rivers. The Ninth Circuit held that the stormwater collection systems at issue unambiguously constitute “point sources” under the CWA, and that such discharges therefore require NPDES permits. In so holding, the court significantly limited a decades-old regulation that had historically been viewed as excluding logging road runoff from the NPDES program and charged EPA with developing a general permit to handle the discharges. For more on Brown, see M. MacCurdy, Ninth Circuit Reissues Opinion Requiring NPDES Permits for Stormwater Discharges from Logging Roads, Marten Law Environmental News (May 20, 2011).

The Bureau and the Authority may be able to distinguish the Brown case on grounds that it involved EPA regulations where, in the San Joaquin case, the relevant law is the CWA’s statutory definitions of point source and return flows. This argument may provide the Bureau and the Authority with a more defensible position than the one the State of Oregon faced in Brown because it may allow them to argue that Congress intended irrigation return flows to be broadly exempted from CWA permitting without relying on the EPA’s interpretation of the Act. Despite this possible distinction, the Conservation Coalition and the Bureau and the Authority appear on a course to litigate in the irrigated agriculture context CWA permitting issues parallel to those litigated in the timber context in Brown. The outcome of this dispute could have far reaching impacts on the Bureau and irrigators throughout the country, including possibly triggering CWA permitting requirements for a business sector believed to be exempt.
For more information about Marten Law’s Water Quality and Wetlands practice please contact Jeff Kray.

[1] The conservation groups involved are: the Pacific Coast Federation of Fisherman’s Associations, California Sportfishing Protection Alliance, Friends of the River, San Francisco Crab Boat Owners Association, Inc., The Institute for Fisheries Resources, and Felix Smith.
[2] 33 U.S.C. § 1342.
[3] http://www.epa.gov/owow_keep/NPS/agriculture.html.
[4] http://water.epa.gov/polwaste/nps/success319/Section319III_CA.cfm
[5] Id.
[6] Id.
[7] http://www.usbr.gov/mp/grassland/.
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] 22 U.S.C. §1311(a).
[13] Id. § 1362(14).
[14] See 33 U.S.C. §§ 1311(a), 1342(p).
[15] 396 F.Supp. 1393 (D.D.C. 1975), affirmed, NRDC v. Costle, 568 F.2d 1369, 1382 (1977).
[16] The Train decision vacated NPDES regulations EPA had enacted in 1973. Those regulations had exempted discharges from several classes of point sources from the NPDES permit requirement. The exempted sources included all irrigation return flows (such as tailwater, tile drainage, surfaced ground water flow or bypass water) from areas less than 3,000 contiguous acres or 3,000 noncontiguous acres that use the same drainage system. 40 CFR § 125.4(i) (1973).
[17] 33 U.S.C. § 1342(l)(2).
[18] 33 U.S.C. § 1362(14).
[19] E&E News, Water Pollution: Calif. Groups plan suit over agricultural runoff water (June 8, 2011)quoting Karen Schwinn, associate director of EPA’s water division in the Pacific Southwest (subscription required).
[20] Notice of Intent to Sue Letter at p. 2.
[21] Id. at p. 7.
[22] 541 U.S. 95 (2004).
[23] Id. at 104-05.
[24] 640 F.3d 1063 (2011).
[25] 40 C.F.R. § 122.27. The Silviculture Rule limits “silvicultural point sources” to “rock crushing, gravel washing, log sorting, or log storage facilities which are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the United States.” Falling outside the definition are “non-point source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff.”
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Open Consultation: Ecological Garden Design in the Berkshires
with Dave Jacke, coathor of Edible Forest Gardens
at the home of Ethan Dufault, Mt. Washington, MA
Saturday, August 27, 2011, 9 AM - 5:30 PM

An open consultation provides an opportunity for you to listen in while Dave does a day-long consultation with his clients. During lunch and at the end of the day we can have a conversation with the whole group. You will see how the design process works and learn nitty gritty details about how to design permaculture systems.

This 30-acre site contains a home, several acres of fields and many acres of forest. Ethan wants to convert existing perennial gardens to forest gardens, nut and fruit trees, and other permaculture systems. We will also explore planting wild edibles and medicinals in the forest, among other things.

$40 for the day includes lunch!! Pre-registration required!
For more information contact:
Ethan Dufault • 413-528-9850 • 46 East St., Mount Washington, MA • edufault@simons-rock.edu
Come prepared to be outdoors all day. Limited spaces available; register early!
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Ask All Hotels to Join EPA WasteWise Program

The Courtyard by Marriott & Grappone Conference Center recently joined EPA’s WasteWise program, becoming the first active WasteWise hospitality partner in NH. WasteWise partners are organizations that voluntarily set goals to reduce municipal solid waste. WasteWise works with hotels and other organizations to achieve cost savings, improve efficiency and reduce their climate footprint through waste reduction.

BEAT Note: Please ask at any hotel you stay at if they have joined this program. Or stop in at a local hotel and ask.

“We are happy to welcome Courtyard by Marriott and Grappone Conference Center of Concord to the WasteWise program,” said Curt Spalding, regional administrator of EPA’s New England office. “They are setting a good example for other hospitality businesses, because they are likely to see a positive economic return on doing the right thing for our environment.”

EPA’s WasteWise program provides a free online reporting system called Re-TRAC which allows hotels and other partners to track waste generation and reduction activities, generate customized reports, and calculate their greenhouse gas emission reductions and their environmental impacts. Trish Taylor from the Marriott and Grappone Center said, “We were surprised and delighted with the results. If you have a good idea of what is being thrown in your trash/recycling dumpsters, then completing the audit is fairly easy.”

Michelle R. Veasey of NH Sustainable Lodging & Restaurant Program a WasteWise Endorser said “The team at the Courtyard by Marriott/Grappone Conference Center continually work to reduce their environmental impact. Their dedication and willingness to help others in the industry continues to compel sustainability efforts in New Hampshire hospitality. I hope their experience with WasteWise will encourage others in New Hampshire to get involved. It’s a great program and helps businesses to evaluate their waste reduction efforts from a financial, as well as environmental perspective.”

The Courtyard by Marriott & Grappone Conference Center in Concord NH also joined the WasteWise’s Food Recovery Challenge that encourages participants to reduce, donate, and recycle as much of their food waste as possible-- saving money and helping protect the environment. Participants conduct a food waste assessment, undertake three specific waste reduction activities, create a food waste recovery plan, and report progress using WasteWise Re-TRAC.

WasteWise is a voluntary partnership program launched by EPA in 1994 with more than 3000 partners. WasteWise partners not only reduce waste, but also are addressing global climate change. By decreasing the demand on raw materials through waste reduction and recycling, these organizations are improving operations, reducing costs, and minimizing their environmental footprints.

More Information:

• EPA’s WasteWise program (http://www.epa.gov/wastewise)
•  Food Recovery Challenge (http://www.epa.gov/foodrecoverychallenge)
•  NH Sustainable Lodging and Restaurant: http://www.nhslrp.org/

Learn More about the Latest EPA News & Events in New England (http://www.epa.gov/region1/newsevents/index.html)

Follow EPA New England on Twitter (http://twitter.com/epanewengland)

Note: If a link above doesn't work, please copy and paste the URL into a browser.

View all Region 1 News Releases
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Auction of Antique Car to Benefit Williamstown Rural Lands Foundation

Have you ever wanted to own a classic car? As part of the Williamstown Rural Lands Foundation’s September 9th Harvest Hoedown square dance, barbecue, and auction fundraiser, a 1929 Model A Ford will be auctioned. The car, owned by Don McLucas of Williamstown, has been a classic fixture in the Williamstown 4th of July parade since 2003, when it was awarded the Grand Prize of the Williamstown 250th celebration.

The car has its original interior upholstery and mileage (75,000) miles, and has been repainted to original Ford Green with yellow wheels and accent stripes. It has always been garaged and is in excellent mechanical and cosmetic condition.

Sealed bids prior to the auction date of September 9th will be accepted; the car has a $17,500 Value with a reserve price of $9,500. The car will be on view on September 6-8, or by appointment. Contact the WRLF at 458-2494, or the owner at 458-2360 or dhmcl@aol.com.

The Williamstown Rural Lands Foundation is a non-profit member supported land conservation trust dedicated to preserving the rural New England character of Williamstown and the surrounding area. Its Sheep Hill headquarters is located on Route 7, a mile south of the Williamstown rotary. For more information on the Harvest Hoedown fundraiser and some of the other unique auction items, visit www.wrlf.org or call the office. All auction proceeds benefit the WRLF and its land conservation and educational projects and programs.
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Berkshires Project Benefits Wildlife Habitat & Recreation
from MASSLAND E-NEWS
The Newsletter of the Massachusetts Land Conservation Community
July 29, 2011
Volume 11, Number 12

BOSTON - July 20, 2011 - In keeping with the Patrick-Murray Administration's unprecedented commitment to the protection of open space, Massachusetts Department of Fish and Game (DFG) Commissioner Mary Griffin today announced that a public-private partnership between DFG and the Berkshire Natural Resources Council (BNRC) has resulted in the permanent protection of 290 acres of conservation land in West Stockbridge. These newly protected public lands feature recreational opportunities such as fishing, hunting, and bird watching, while preserving critical habitat for waterfowl and several rare plant and animal species.

"This conservation project is vitally important for protecting wildlife biodiversity, providing recreational opportunities and conserving open space in the Berkshires, and is a prime example of the land conservation legacy the Patrick-Murray Administration is building," said Energy and Environmental Affairs (EEA) Secretary Richard K. Sullivan Jr., whose office includes DFG. "Since 2007, under the leadership of Governor Patrick, the Commonwealth has taken action to permanently protect more than 75,000 acres of land across the state."

Located in the southwest corner of West Stockbridge, the new parcel includes 273 acres just north of the Massachusetts Turnpike, which will be named the Flat Brook Wildlife Management Area. The acquisition incorporates an additional 17 acres south of the Turnpike into the existing Maple Hill Wildlife Management Area. Both properties will be managed by DFG's Division of Fisheries and Wildlife (MassWildlife), which oversees more than 190,000 acres of conservation land in Massachusetts, all of which are open to the public for hunting, fishing, trapping, hiking, and nature observation. The acquisition provides public access to Crane Lake, Flat Brook, and Cranberry Pond, which will greatly improve fishing opportunities in the area.

"Most of the acreage we purchased is core habitat for several state-listed species of rare plants and animals, and it is superb habitat for waterfowl and other wildlife," said DFG Commissioner Mary Griffin. "The acquisition of these rich and productive lands along Flat Brook is a highlight of our land protection accomplishments this year, and we're especially pleased to have accomplished this with the invaluable assistance of the Berkshire Natural Resources Council."

More of this press release available here
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MLTC Urges Participation In EEA Outdoors Survey
from MASSLAND E-NEWS
The Newsletter of the Massachusetts Land Conservation Community
July 29, 2011
Volume 11, Number 12

MLTC urges all land conservationists in Mass. to participate in the SCORP surveys now being compiled by the Exec. Office of Energy and Environmental Affairs. It's very important that the results of these surveys underscore the need for a sustained level of land acquisition by the state for protection of natural resources and to provide recreational opportunities.

Under the Land & Water Conservation Fund Act (LWCF), states work closely with the National Park Service to analyze recreation needs, set priorities for funding, and supervise and coordinate the selection of projects. In order to remain eligible for funding from the Land & Water Conservation Fund grant program, the National Parks Service requires every state to complete a Statewide Comprehensive Outdoor Recreation Plan (SCORP) every five years - the SCORP is the state's Open Space and Recreation Plan, and provides regional data for the entire state.

To help inform the SCORP process and guide future use of LWCF funds, the Executive Office of Energy and Environmental Affairs is conducting three surveys to gather data from Commonwealth residents, land trusts, and community officials. Please participate in the surveys below that apply to you and forward them to others too:

1) User Survey (for Commonwealth residents)
2) Land Trust Survey (for directors, staff, board members, etc.)
3) Community Officials Survey (for municipal employees, park and recreation directors, conservation agents, community planners, etc.)
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Public Meeting and Hearing on Changes to the Cleanup Plan for the Burgess Brothers Landfill Superfund Site in Bennington, VT

The meeting and hearing will be Tuesday, August 16, 2011 at 7PM at the Bennington Free Library

(Boston, Mass. – July 29, 2011) – A public informational meeting and hearing will be held on Tuesday, August 16, 2011 at 7 pm in the Bennington Free Library in Bennington, Vermont. The meeting is an opportunity for residents to learn about proposed changes to the cleanup plan for the Burgess Brothers Landfill Superfund Site.

In 1998, EPA signed a Record of Decision (ROD) which called for placement of a landfill cap and construction of a soil vapor extraction system to address groundwater contamination. Contaminants were detected in the groundwater in upper thirty feet of soil at the site. Primary groundwater contaminants include trichloroethene (TCE) and tetrachlorothene (PCE). The groundwater in the bedrock remains unaffected.

Since the ROD was signed in 1998 and the original cleanup plan was implemented, levels of contamination in the groundwater have increased and moved beyond the landfill. For this reason, EPA is proposing an amendment to the remedy. Additionally, as the changes in the remedy will impact a site stream and possibly wetlands, the public is invited to comment on this aspect of the cleanup plan.
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Take Action to Pass the No Net Loss of Public Lands Bill

The letter below went to all the members of the state House in support of the Public Lands Preservation Act (PLPA, H. 3438, aka Article 97 bill, no-net-loss bill)- which BEAT and many other environmental organizations support.

The letter is useful in keeping the PLPA on legislators' radar screens, but it does not have the same impact as hearing from constituents.

If you think the state should stop rubber-stamping the release of public conservation land from its conservation status and should have to protect an equal or greater amount of land with equal ecological value, please contact your representative and ask that the representative ask Chairman Brian Dempsey of the House Committee on Ways and Means to report out the PLPA favorably.

August the legislature is in recess and the members are in the districts. It's a good time to see the representatives. If you don't have time for a visit, call the representative's office or send an email (numbers and addresses at http://www.malegislature.gov/People/House; names of legislators, to look up the names, at http://www.wheredoivotema.com/bal/myelectioninfo.php).

For more details on the PLPA go to http://www.protectmassenvironment.org/public_lands_preservation_act.htm

Thanks for your help. Hope you are having an enjoyable summer.

Regards,
Phil Saunders
________________________
Protect Mass Environment
http://www.protectmassenvironment.org
781 239-0855

July 26, 2011

The Honorable ____________________
House of Representatives
State House
Boston, MA 02133

Re: Public Lands Preservation Act (H. 3438)

Dear Representative ________________ :

We ask for your support of H. 3438, the Public Lands Preservation Act (PLPA, aka Article 97 bill, no-net-loss bill). H. 3438 would provide needed protection for parks and other natural resource lands in our communities.

The bill has been approved by the Joint Committee on the Environment, Natural Resources and Agriculture and referred to the House Committee on Ways and Means. Please contact the Chairman of Ways and Means and ask that H. 3438 be reported out favorably and sent to the floor for a vote.

Parks and other natural resource lands are important to citizens and businesses because they increase quality of life, increase property values, boost spending on tourism and recreation, provide clean water and flood control resources, and provide open space and parks which have been shown to be among the most important factors in business and knowledge worker location decisions.

H. 3438 declares that it is the policy of the Commonwealth that there be no net loss of lands or easements protected under Article 97. The bill establishes the framework to guide decisions on whether to approve bills that would transfer or change the use of state and municipal Article 97 land. The bill codifies the existing ad hoc system legislators and the Administration rely on to conduct their due diligence. The PLPA requires that for Article 97 lands or easements to be disposed of or changed in use the proponent

• Conduct an alternatives analysis, and
• Provide replacement land of comparable acreage, market value, location, and natural resource value, i.e., no net loss.

The bill provides exemption from the alternatives analysis and replacement land requirements where there will be no physical change in the land, any change will be temporary, the transfer or change is of buildings, or the parcel is of minimal size and natural resource value.

There are those who argue that H. 3438 would place an unwarranted and costly burden on municipalities. We disagree for several reasons.

First, the immediate practical impact would be minimal. The current Administration is already supporting a long-standing EOEEA policy of no-net-loss for Article 97 land. We need the bill because other administrations have not been equally responsible and may not be so in the future.

Second, using existing Article 97 land for a building project is not cheaper than acquiring new land. It depletes assets instead of current revenue. Moreover, it depletes assets acquired from prior taxpayer funds or donor contributions for purposes those taxpayers or donors never intended.

Third, to say that an alternatives analysis and replacement land are "unwarranted" where the loss of natural resource land is concerned is to miss the point of Article 97. Article 97 was not created to facilitate the disposition of natural resource land. The deliberate intent of the Article was to preserve the land and to make its disposition or change in use infrequent and done only after due deliberation in exceptional circumstances.

We, the undersigned, represent to you that the organizations named below support H. 3438 and respectfully urge you to support and take an active role in working for its speedy passage.

Very truly yours,

SUPPORTING ORGANIZATIONS

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Beat the Peak with Water-Saving Tips from WaterSense
from Water Headlines for the week of August 1, 2011

When the mercury rises, so does residential water use. During dry summer months, outdoor water use increases, with more than 70 percent of water going to landscape irrigation in some areas of the country. This contributes to a phenomenon known as “peak water use season.” Water use further increases on weekends, as many people use this free time to tend lawns and landscapes, wash cars, and do laundry—all high water-using tasks.

From watering lawns and landscapes to filling swimming pools, the average American household’s water use can increase from 260 gallons of water per day to about 1,000 gallons per day! Some homes use as much as 3,000 gallons on a peak day. While using water efficiently is important throughout the year, sometimes the timing of water use can make a big difference for community water supplies—and water bills. Find tips on what you can do to reduce your summer water use here:
http://epa.gov/watersense/water_efficiency/when_its_hot.html.
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AmeriCorps/MassLIFT Opening

AMC-Berkshires and Greenagers in Great Barrington have an opening for a Service Learning Coordinator with the AmeriCorps program Massachusetts Land Initiative for Tomorrow (MassLIFT). This 1,700 hr/11.5 month service opportunity runs 9.12.11-8.24.12. AmeriCorps members receive a bi-weekly stipend, and earn an education award upon successful completion of their service term. The desired candidate will communicate w/local land stewardship & conservation groups, build and maintain trails, and create and lead service learning projects w/youth. To apply please send or a resume, cover letter, and 3 references to Appalachian Mountain Club, PO Box 131, South Egremont, MA 01258 or amcberktrails@outdoors.org.
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