ALABAMA COMMISSION
ON ENVIRONMENTAL INITIATIVES


CONSENSUS ISSUES BALLOT RESULTS

SECTION 1 – Air and Water
 
Agree 90% 1.  As plans have been approved and are already in the process for many stationary sources to make major reductions in ozone precursor emissions, we recommend the introduction of legislation that directly deals with mobile sources to reduce ozone. We recommend the local authority be given the power to request ADEM to enforce steps to reduce ozone including Inspection & Maintenance, emissions standards for fuels, vapor recovery at gas stations and/or mandate the use of alternative fuels. We further recommend that appropriate state agencies provide incentives for alternate transportation to reduce ozone. In cases of an area being officially designated non-attainment, ADEM can impose any or all of the previously listed actions. 
Agree 93% 2. Support WRATT – the Waste Reduction and Technology Transfer Program – with secured funding through the general fund. 
Agree 94%  3. Urge all public officials to support the Stakeholder process in Air Quality Studies, such as that in Mobile. We further support Stakeholder processes on all air and water quality issues across the state
Agree 95% 4. Recommend that respiratory distress issues be researched [by this committee]. Work with the Health Department to find out what it would take to develop a database of respiratory problems. 
Agree 77% 5. Create a Toxics Use Reduction Office within appropriate agency, such as ADEM, to help implement technologies to reduce the use of toxic chemicals and promote pollution prevention. Include the reduction of air and water toxics from industries, agriculture, households, point and non-point source, mobile and area sources. 
Agree 76% 6. We agree that an emissions credit/no net gain program may be a feasible way to not increase our emissions. We further agree that we need to establish a ceiling on emissions within an Airshed that will still allow for economic growth. 
Agree 83% 7. Suggest state funding through Public Health/Legacy or some other facet to create a better public understanding of risk associated with the Toxic Release Inventory (TRI) compounds. 
Agree 92%  8. Regarding cumulative emissions, we suggest, [to ADEM], researching the number of air permits granted in a spatial area. If the number of permits within that area is large, the Prevention of Significant Deterioration (PSD) increments should be reviewed to determine if there is a need to do cumulative emissions permitting for minor source permits in that area. 
Agree 94% 9. All applicable agencies and government bodies, develop and propose new incentives for companies (especially the top 20 point source contributors) to further reduce toxic air emissions and water discharges beyond what is currently required by regulations. 
Agree 85% 10. We recommend a state incentives program be created to fund infrastructure, purchasing and operation of Alternative Fuel Vehicles. 
Agree 73% 11. We recommend developing a water withdrawal permitting system for groundwater and surface water. A [Governor’s] stakeholder group of all interested parties should be convened as soon as possible to determine more specifically how this permitting system would function. 
Agree 98% 12. Recommend the Governor take a leadership role to ensure better agency cooperation and coordination on water resources decisions. 
Agree 95% 13. Support legislation to create a grant program for water conservation & recycling. 
Agree 97% 14. We endorse the Clean Water Action Plan process and the watershed approach it employs. 
Agree 97% 15. Support legislation requiring low phosphate detergents based on finding effective legislation in other coastal states. 
Agree 100% 16. Strengthen current programs on the local & state level regulating septic systems & encourage funding support. 
Agree 100%  17. We support the further development of nutrient standards that are appropriate for the individual waterbody assuring that we do not overcompensate by removing those nutrients critical to maintaining the health of that waterbody. 
Agree 82% 18. We recommend that the State needs to develop a clear plan for wetlands protection. 
Agree 98% 19. We support creating subsidies for landowners that would increase buffer zones in riparian and wetlands habitats. 
Agree 88% 20. Investigate ways to fund and standardize a statewide stormwater management plan to simplify the system for builders and homeowners. The plan should include permeable paving and tax incentives for alternative paving materials and methods that would incorporate the 22 Model Principles For Better Site Design. 
Agree 93% 21. We support adding the 22 Model Principles for Better Site Design to the Non-Point Education for Municipal Officials (NEMO) program. 
Agree 93% 22. We support an Executive Order from the Governor that urges the state adopt the 22 Model Principles For Better Site Design on all new state construction. 
Agree 82% 23. Recommend funding for specific studies on degraded streams regarding non-point source pollution to acquire data to determine funding priorities for addressing this issue. 
Agree 100% 24. Investigate and work toward accessing Abandoned Mine Reclamation Fund and using those funds to do clean up. 
Agree 84% 25. We call for the development of technical and financial incentives, low interest rate loans and subsidies to implement agricultural non-point source protection. The use of these programs should be based on the following system: Scarce funds for environmental protection in Alabama are primarily being allocated to “problem remediation”, e.g. the 303(d) list and Total Maximum Daily Load (TMDL) process of ADEM/EPA. These 303(d) listed stream segments make up less than 2,000 miles of about 77,000 miles of streams in the state. The ACEI Air & Water Quality Committee recommends that ADEM and other state/federal regulatory agencies allocate a certain percentage of funds to environmental protection – “maintaining the good” as well as “chasing the problems”. This would help prevent an unfortunate process of the “good streams” degrading at a faster rate than “problem streams” are cleaned up, with a net loss of statewide water quality. This is a proactive approach to environmental protection and management. 
Agree 95% 26. Executive Order should be drawn up requiring State contracts for road and bridge construction and maintenance to require that contractors comply with stormwater and erosion control and/or National Pollutant Discharge Elimination System (NPDES) requirements. 
Agree 97% 27. We call on appropriate officials to encourage local government to hold their contractors to the same standards as other regulated entities dealing with stormwater and erosion control. 
Agree 95% 28. On the local level, strengthen and clarify public notification prior to reviewing a landfill permit. Lengthen the time between notice being given and accepting an application for the landfill. 
Agree 100%  29. Support new legislation that will prohibit the discharge of litter and sewage from vessels into the waters of the state and require the disposal of the waste in proper facilities on shore. 

SECTION II - Natural Resources and Land
 
Agree 98% 1. Support Brownfield redevelopment via legislation and supports a policy that promotes urban revitalization. 
Agree 100% 2. The State of Alabama aggressively should secure Federal moneys to support roadside beautification efforts. Additionally, promote the planting of native wildflowers on roadsides. 
Agree 100% 3. A task force should be created to address the following areas. Stopping illegal dumping by physical and monetary support for the law enforcement community, increase penalties associated with illegal dumping, identify and implement refuse disposal alternatives, coordinate activities among active interested parties, mandate garbage collection requirements, and strengthening notification procedures of landfill sites. 
Agree 95% 4. It is recommended that Forever Wild with other entities (industrial-citizens) establish a strategic vision for state parks and wildlife management. Also, authorize and commission Forever Wild to develop a strategic plan for the categories identified in the FW legislature legislation including proposed mechanisms to achieve the strategic plan. Include mechanism, such as bond issues and the federal joint venture program .
Agree 100%  6. Establish incentives for environmental protection. 
Agree 95% 7. Promote Alabama Trails by developing a coordinated trails plan that includes: bicycle, pedestrian trails, greenway systems, water trails, and other designated trails. 
Agree 94% 8. Eliminate duplication of regulations statewide. 
Agree 94% 9. Develop plans to address statewide uniform prescribed burning and invasive species. Encourage the development of incentives and support ongoing public/private continuous efforts to promote the use of public/private efforts prescribed burning and preservation of landowners right to use this practice as an effective Forestry/wildlife Management tool.
Agree 91% 10. Implement incentives and funding sources to protect and promote or encourage preservation of historical sites and environmentally sensitive areas. Additionally revitalize the income tax check off and research additional funding.

SECTION III - Health and Education
 
Agree 93% 1. Pursue effective control and full compliance with Clean Water Act criteria regarding sanitary/sewage and stormwater discharge/run-off for both  rural and municipal areas.
Agree 76% 2. Development and implementation of thorough, “state-of-the-art” standards for insuring food/agricultural/animal safety and welfare.
Agree 86% 3. Development and implementation of thorough, "state-of-the-art” standards for monitoring, testing and correcting indoor contaminants and air pollution.
Agree 82% 4. Development and implementation of an improved process of landfill siting and operation/oversight, to include responsiveness to a host of citizen concerns related to environmental justice, problems from landfill burning, odors and leaching, and inadequate procedures for attaining broad based, informed citizen participation early in siting deliberations.
Agree 91%  5. Development and implementation of a comprehensive program of risk assessment.
Agree 80% 6. Preparation and publication of an annual environmental quality/health report card for the State.
Agree 72% 7. Regular public notification of significant environmental information as the types and qualities of such as toxic/hazardous materials transported through Alabama and toxics/pollutant releases to air and water from discharge sources.
Agree 100%  8. Establishment of an improved linkage/mechanism for greater communication and cooperation between ADEM and the Department of Public
Health.
Agree 100% 9. Development of a comprehensive state plan for environmental education that involves pertinent agencies and groups and addresses significant environmental education needs/areas.
Agree 100% 10. Development of a comprehensive statewide environmental education program for schools, to include a multidiscipline (content-integrated program) curriculum as appropriate for K-12, pre-service and in-service teacher training program, and a formally coordinated system for statewide delivery of curriculum, materials, training, etc.
Agree 97% 11. Development of comprehensive environmental education outreach for the general public, to include a program for promoting general appreciation and awareness of Alabama's environment, a clearinghouse “data base” of existing programs and materials, and development of specific materials and programs as may be useful for localized issues and needs.
Agree 100% 12. Establishment of a coordinated system for providing environmental education to special target groups such as farmers, small businesses, community and political leaders, the media, etc. 
Agree 100% 13. Provision of expanded and enhanced programs for environmental education in technical and environmental specialty fields at colleges and trade schools.
Agree 71% 14. Establishment of a formal body with legal mandate for coordinating appropriate agencies and organizations which supporting and implementing the statewide Environmental Education Plan.

SECTION IV - Environmental Management Review
 
Agree 60%  1. The proper protection of our environment and management of our natural resources requires adequate funding. Alabamians have long been proud of the state’s ecological and geographical diversity, as well as its abundance of natural resources. Yet when compared to other states, our traditional funding of environmental and natural resources programs ranks near the bottom. The Commission believes that many of the deficiencies in the implementation of the state’s current environmental and natural resources laws are attributable, at least in part, to insufficient funding of the state agencies charged with their enforcement. In order to accomplish the meaningful reforms recommended by the Commission and by the Governor in Executive Order No. 26, the State of Alabama must commit to provide increased funding for the programs currently in place and additional funding to implement the changes outlined in this report. Environmental and natural resources agencies in the state (particularly ADEM) should be funded, at a minimum, at the regional average on a per capita basis.
Agree 63% We suggest the following amendments to §22-22A-6(b), Code of Alabama 1975:
Strike through words are deleted from the present section; bold underlined are added, so it would read as follows:
“The Environmental Management Commission shall be composed of seven twelve* members who are citizens of the State of Alabama. Initial members of the commission shall be appointed to places on the Environmental Management Commission by the Governor, Lieutenant Governor, and Speaker of the House of Representatives pursuant to the procedure set out in subsection (d) of this section with the advice and consent of the Senate. Initial appointments shall be made on or before October 1, 1982. All subsequent appointments to places on the Environmental Management Commission after the initial appointments shall be made by the Governor with the advice and consent of the Senate. No member of the Environmental Management Commission may serve more than a total of two (2) full six (6) year terms.  18 years. When a vacancy occurs during a period when the Legislature is not in session to advise and consent, such appointee shall have the full power of the office until and unless the Senate, upon the reconvening of the Legislature, shall by affirmative vote refuse to consent in such appointment. Qualifications of the seven twelve* members shall be as follows:
“(1) One member shall be a physician licensed to practice medicine in the State of Alabama and shall be familiar with environmental matters shall have a minimum of 10 years combined experience and post graduate education in the field of public health;      “(2) One member shall be licensed as a professional engineer registered in by the State of Alabama and shall be familiar with environmental matters have at least a bachelor’s degree in engineering and a minimum of 10 years combined experience and post graduate education in environmental engineering;
“(3) One member shall be an attorney licensed to practice law in the State of Alabama and have at least a minimum of 10 years combined experience and post graduate education, and shall be familiar with environmental matters;
“(4) One member shall be a chemist possessing as a minimum a bachelor's degree from an accredited university or a veterinarian licensed to practice veterinary medicine in the State of Alabama and shall be familiar with environmental matters have at least a bachelor’s degree in chemistry or chemical engineering and a minimum of 10 years combined related experience and post graduate education, and shall be familiar with environmental matters;
“(5) One member that has been certified by the National Water Well Association Certification Program shall have at least a bachelor’s degree in geology from a university, shall be licensed in the state of Alabama, and have a minimum of 10 years combined related experience and post graduate education, including experience in hydrogeology, and shall be familiar with environmental matters
“(6) One member shall be a biologist or an ecologist possessing as a minimum a bachelor's degree from an accredited university and shall have training in environmental matters have at least a bachelor’s degree in aquatic sciences (such as aquatic ecology, aquatic biology, fisheries biology, marine biology or marine science), and a minimum of 10 years combined related experience and post graduate education, and shall be familiar with ecological and environmental matters;
“(7) One member shall be a resident of the state for at least two years but shall not be required to have any specialized experience One member shall have a bachelor’s degree in terrestrial sciences (such as ecology, zoology, botany, forestry, wildlife science, or wildlife biology), and a minimum of 10 years combined experience and post graduate education, and shall be familiar with ecological and environmental matters;
“(8 – 12) Five members with no specific qualifications shall be selected, one from each of the five (5) surface water regions of the state of Alabama as noted in the Alabama code, Section 9-10B-3. The Governor and Legislature will determine who appoints these five (5)  members.* It is noted that persons currently serving on the Commission who would not meet the revised qualifications, would complete their specified terms.
* It is noted that all on the committee agree with the new terms of service in paragraph one, and on the qualifications for the first 7 members of the Environmental Management Commission. The addition of five non-specific members was passed by a divided vote (11-4) and thus is not a consensus issue.
EMC QUALIFICATIONS PROPOSAL COMMISSION.  The Alabama Water Resources Commission or its successor.

SURFACE WATER REGIONS. Those certain areas of the state designated by this chapter and to be referred to individually as:

a. Central Alabama Surface Water Region. That area of the state formed by the counties of Etowah, Cherokee, St. Clair, Calhoun, Cleburne, Shelby, Talladega, Clay, Randolph, Bibb, Coosa, Tallapoosa, Chilton, Perry, Autauga, Elmore, Macon, Montgomery, Dallas, Lowndes, Wilcox, and Monroe.
b. Coastal Alabama Surface Water Region. That area of the state formed by the counties of Mobile and Baldwin, and all bays, tidal estuaries, and portions of the Gulf of Mexico over which this state has jurisdiction.
c. North Alabama Surface Water Region. That area of the state formed by the counties of Lauderdale, Limestone, Madison, Jackson, Colbert, Franklin, Lawrence, Morgan, Marshall, and DeKalb.
d. Southeast Alabama Surface Water Region. That area of the state formed by the counties of Russell, Bullock, Pike, Barbour, Lee, Chambers, Butler, Crenshaw, Coffee, Dale, Henry, Conecuh, Covington, Geneva, Houston, and Escambia.
e. West Alabama Surface Water Region. That area of the state formed by the counties of Marion, Winston, Cullman, Blount, Lamar, Fayette, Walker, Jefferson, Pickens, Tuscaloosa, Greene, Hale, Sumter, Marengo, Choctaw, Clarke, and Washington.
Agree 63% 2. PROPOSED INCREASE IN PER DIEM FOR ENVIRONMENTAL MANAGEMENT COMMISSION.
This would require an amendment to Section 22 – 22A – 6(I). Strike through words are deleted from the present section: bold underlined are added so it would read as follows:
(1) Each member shall receive $100.00 $1000.00 per day for each day of attendance at an official meeting .Members of the Environmental Management Commission shall be reimbursed for expenses when attending meetings which are approved and certified by the director. Reimbursement shall be in accordance with Sections 36-7-1 through 36-7-42;
(2) All proper expenses of the Environmental Management Commission shall be paid from the appropriations to or fund of the department in the same manner as expenses of the department are paid.
Agree 94% 3. FUNDING
    The proper protection of our environment and management of our natural resources requires adequate funding. Alabamians have long been proud of the state’s ecological and geographical diversity, as well as its abundance of natural resources. Yet when compared to other states, our traditional funding of environmental and natural resources programs ranks near the bottom. The Commission believes that many of the deficiencies in the implementation of the state’s current environmental and natural resources laws are attributable, at least in part, to insufficient funding of the state agencies charged with their enforcement. In order to accomplish the meaningful reforms recommended by the Commission and by the Governor in Executive Order No. 26, the State of Alabama must commit to provide increased funding for the programs currently in place and additional funding to implement the changes outlined in this report. Environmental and natural resource agencies in the state (particularly ADEM) should be funded, at a minimum, at the regional average on a per capita basis.
      Unanimously approved by the Subcommittee on November 21, 2000.
Agree 93% 4. ENVIRONMENTAL MANAGEMENT REVIEW COMMITTEE DRAFT COMPLIANCE ASSURANCE
      In addition to the General Fund, the Committee supports the concept of compliance assurance fees that would recover the costs to review, issue, and ensure compliance of environmental permits. Compliance assurance fees should fund a substantial increase in inspections and monitoring over what ADEM currently provides. Compliance assurance fees should be evenly and fairly applied to all permittees. This new funding source should not replace general funds. It is also imperative to increase general fund expenditures for environmental programs. 
      The Legislature should adopt the legislation to authorize compliance assurance fees in the upcoming session. The details of implementation of compliance assurance fees would be developed through the process of adoption of new ADEM regulations, which will include public review.
Agree 73% 5. ENVIRONMENTAL MANAGEMENT REVIEW
We recommend developing a water withdrawal permitting system for groundwater and surface water. The ACEI would create a committee of all interested parties/stakeholders as soon as possible to determine more specifically how this permitting system would function.
Agree 97% 6. Increase staffing and funding levels at the Office of Water Resources to enable the OWR to perform statutorily mandated duties.
Agree 76% 7. DRAFTS FOR ENVIRONMENTAL MANAGEMENT REVIEW COMMITTEE ENVIRONMENTAL JUSTICE
   “Environmental justice for minority populations and low income populations is a priority issue of concern to the Committee. As a first step, we recommend that Governor Siegelman work with this commission as soon as possible to establish an Environmental Justice Executive Order which would implement, in Alabama, environmental justice policies and directives similar to those set forth by President Clinton in the Executive Order of February 11, 1994. After January 1 the Committee intends to return to this issue, recommend more specific actions and policies to the Governor, and take up other environmental issues.”