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FEDERAL
 
POSTED JULY 30,2008 
 
President George W. Bush is joined by Rep. Steven LaTourette, R-OH, left, and Rep. Patrick Tiberi, R-OH, at the signing of S.2766, The Clean Boating Act of 2008, Tuesday, July 29, 2008, aboard Air Force One on the flight from Euclid, Ohio to Washington, D.C. White House photo by Chris Greenberg
 

President George W. Bush is joined by Rep. Steven LaTourette, R-OH, left, and Rep. Patrick Tiberi, R-OH, at the signing of S.2766,

The Clean Boating Act of 2008, Tuesday, July 29, 2008, aboard Air Force One on the flight from Euclid, Ohio to Washington, D.C.

 White House photo by Chris Greenberg

 
POSTED JULY 22,2008 

35-YEAR EXEMPTION FOR RECREATIONAL BOATS RESTORED BY CONGRESS
 PERMITTING REQUIREMENT PROPOSAL BY THE EPA FAILS !!

NO NEW PERMITS ARE REQUIRED FOR BOATS

 In a remarkable show of bipartisan support for recreational boating, the House and Senate today passed the controversial S. 2766, "The Clean Boating Act of 2008" which will permanently restore a long-standing exemption for recreational boats from permitting requirements under the Clean Water Act. The legislation now awaits the President's signature.

 A U.S. District Court decision in September 2006 under which an estimated 17 million recreational boats would have fallen under Clean Water Act permit requirements effective September 30, 2008 brought on the Congressional action.  The permit would have dictated maintenance and operation procedures and potentially subjected boaters to citizen lawsuits as well as combined a penalty system designed for industrial polluters.

 A broad coalition of stakeholders joined to resolve the problem before the permitting deadline. Boating groups and individuals all over the country placed pressure behind the scene, writing letters, faxing and calling upon their representative to listen and support the new act.  It appears they have heard us loud and clear.

 This is a huge triumph for boat owners and illustrates the power of the boaters, manufacturers and organizational group representing the boating public.  The CBYCA represent over 75, 000 boaters in five states and has worked closely with many other groups to produce this victory.  Thanks to everyone who participated in this major overturning of a ridiculous ruling by the court system.

 A special thanks must go out to Boat US, National Marine Manufacturers Association, & Boat Blue for their participation.

CBYCA Webmaster

Jerry Donofrio Sr.

 
 
 
POSTED MARCH 20.2008
BOATERS NEED LEGISLATORS TO ACT QUICKLY ON 
NEWLY-INTRODUCED "CLEAN BOATING ACT OF 2008
 
 
 
WASHINGTON, DC, March 19, 2008 - A newly introduced Senate bill, "The Clean Boating Act of 2008" (S. 2766) promises to be practical solution to a looming permit 
deadline for recreational boaters, anglers, and charter boats. Because of a lawsuit targeting ocean-going commercial vessels carrying ballast water, the U.S. Environmental 
Protection Agency (EPA) is required to implement an "operational discharge permit" for all vessels in the United States - including recreational boats - 
by September 30, 2008. Without a change in law, all boaters will need to obtain this permit, as early as this summer.
However, with a possible Senate vote in the next few months, Boat Owners Association of The United States (BoatU.S.) is urging recreational boaters to quickly 
contact their Senate and House legislators to support The Clean Boating Act of 2008. S. 2766 was introduced on Thursday, March 13 by Senate Environment and 
Public Works Chairwoman Barbara Boxer (D-Calif.) and Sen. Bill Nelson (D-Fla.). It follows two bills originally introduced in the spring and fall of 2007 as 
"The Recreational Boating Act of 2007" (H.R. 2550/S. 2067) by Representatives Gene Taylor (D-Miss.) and Candice Miller (R-Mich.) and Senator Mel Martinez (R-Fla.). 
"Sens. Boxer and Nelson's bill now has the best chance of gaining widespread political support. As a result, we need every boater, every angler, and anyone who uses 
a boat to contact their senators and representatives to ask for their support of this bill," said BoatU.S. Vice President of Government Affairs Margaret Podlich.
"S. 2766 recognizes the fact that normal operational discharges from recreational boats, such as engine cooling water or deck runoff from rain, should not be 
viewed under the Clean Water Act as being similar to a commercial ship's ballast water," said Podlich. "This bill does not weaken any existing environmental
 laws restricting the overboard discharge of oil, fuel, garbage, or sewage."
S. 2766 also requires the EPA and U.S. Coast Guard to investigate the need for potential management practices for some recreational boat discharges over the
 next three years. Each step in this development process will include a public comment period and be subject to "reasonable and practical" criterion.
"BoatU.S. has been working with the National Marine Manufacturers Association (NMMA) and other groups to seek a viable recreational boating solution to the upcoming
 September permit deadline. We appreciate the leadership shown by members of Congress who understand that applying a new permit to recreational boating will not
 accomplish anything tangible, and will only create a new unnecessary bureaucracy, " added Podlich.
To help boaters contact their federal legislators or learn more about the issue,
 go to  http://www.BoatUS.com/gov 
OR     http://www.boatblue.org/takeaction.aspx
         SAMPLE LETTER

POSTED June 11,2008 
Clean Boating Act of 2008 Quick link to write your Legislator (takes you from this site)
http://capwiz.com/boatblue/issues/alert/?alertid=11423171
 
 
POSTED June 5,2008
 
Clean Boating Act of 2008 moves forward to EPA
for Evaluation S2766
 
 
 
POSTED June 2,2008
House Committee Passes Clean Boating Act of 2008, Moves Bill to Full House for Consideration
See Release by NMMA
 
 
POSTED June 2,2008
H.R. 5949 would amend the Federal Water Pollution Control Act to address certain discharges incidental to the 
normal operation of a recreational vessel.

To amend the Federal Water Pollution Control Act to address certain discharges incidental to the normal operation of a recreational vessel.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

 
 
 
 
The Future of LORAN by Earl Waesche
Congress passes marine debris bill
 
CG wants to throw  away  $160M LORAN Equipment
 
MARYLAND
Posted: May 20,2007
 
CYBCA STATE LEGISLATIVE DIRECTOR'S REPORT AND RECAP
 
 
Posted: March 2,2007
Maryland Legislature HB 1159 will DOUBLE Boating Registration Fees
 
Posted: February 12,2007
LNG terminal developer has plan to help harbor dredging
 
Posted: February 8, 2007 
Maryland Files Report with FERC Criticizing Proposed Sparrows Point LNG Terminal
 
Press Release: GOVERNOR O'MALLEY, STATE OF MARYLAND, URGES FERC TO DENY SPARROWS POINT LNG PROJECT
Baltimore County Council Prohibits LNG Facilities in Sensitive Coastal Areas
Public comment period to end soon.  Respond by Feb 14th Deadline
 
STATE OF MARYLAND WANTS TO STOP LNG WITH IDEAS PRESENTED BY THE CYBCA
 
Major problems with shoal conditions at Kent Narrows - Need Immediate
 Remedial emergency dredging
 
FERC moves to start the formal meetings of first phase"Pre-filling"
MD SENATE MOVES LNG BILL OUT OF COMMITTEE see amendments
Maryland PFD Bill
LNG BILLS
 
MD State Dredged Material Management Program (DMMP)
 
MD DNR Registration Booklet (proposed)
BALTIMORE MAYOR SENDS LETTER TO FERC
Baltimore Bans LNG Engineers from property
 
 
NEW JERSEY 
Posted: Sept 19, 2008
 
New Jersey The Public Trust Doctrine put on hold.  Moratorium place
against the NJDEP to require access to marinas by the Public.
See the New Law PL 2008, Chapeter 82 approved Sept. 10, 2008
See the Committee Report
 
 
POSTED June 17,2008 
NEW JERSEY A1013 Requires liability insurance for certain vessels. 
2nd Reading in the Assembly PASSED ASSEMBLY FLOOR AMENDMENT TO INCLUDE ALL VESSELS
 


Last Session Bill Number: A1953   (2R)

Wisniewski, John S.   as Primary Sponsor
Cohen, Neil M.   as Primary Sponsor
Evans, Elease   as Co-Sponsor
 


1/8/2008 Introduced, Referred to Assembly Transportation, Public Works and Independent Authorities Committee
2/28/2008 Reported out of Assembly Comm. with Amendments, 2nd Reading
6/16/2008 Assembly Floor Amendment Passed (Wisniewski)

Introduced - 5 pages PDF Format    HTML Format
Statement - ATR 2/28/08 - 2 pages PDF Format    HTML Format
Reprint - 4 pages PDF Format    HTML Format

Committee Voting: PARTY LINE VOTING
ATR  2/28/2008  -  r/Aca  -  Yes {8}  No {4}  Not Voting {0}  Abstains {0} 

Wisniewski, John S. (C) – Yes DEM MIDDLESEX

Stender, Linda (V) - Yes  DEM SCOTCH PLAINS

Amodeo, John F. - No REP NORTHFIELD

 Giblin, Thomas P. - Yes  DEM CLIFTON

Milam, Matthew W. - Yes DEM VINLAND CAPEMAY

Prieto, Vincent - Yes DEM SECAUCUS

 Rodriguez, Caridad - Yes DEM WEST NY

Rudder, Scott - No  REP MEDFORD

Rumana, Scott T. - No REP WAYNE

 Rumpf, Brian E. - No     REP FORKED RIVER

Smith, L. Harvey - Yes   DEM JERSEY CITY

Wagner, Connie - Yes DEM PARAMUS

 
 
 
 
Posted: July 1,2007
New Jersey changes Sales Tax to Eliminate 501 c 3 Link to NJ Web site
 
Posted: February 28,2007
	New Jersey Senate Transportation to hear A1953 Requires liability insurance for certain vessels.
	
Posted: February 15,2007

                 COURT DATE SET FOR LNG DISPUTE IN LOGAN TWSP.

 
	DuPont nixes VX at their plant.  The GAO report said Army Screwed Up.
 
Sales and use tax on the charges for initiation fees, membership fees October 1st
	PFD FOR 15 YEAR OLDS IN NEW JERSEY
	Boating Education Law long version
	Education Law Interpretive Short Version
	Certification of Education NJSP Website for Testing Out
	Proposed NJ Insurance Law as Amended is moved and PASSED to SENATE
	Final CDC Report on VX Gas Process (very large file) 
	at Dupont on the Delaware River
	
	Use Tax on Membership Fees for Yacht Clubs
	
	
VIRGINIA
NMMA WASHINGTON WAVE REPORTS (WILL TAKE YOU OUT OF THIS WEBSITE)
MAJOR COURT VICTORY WON IN VIRGINIA BY CBF
 
PENNSYLVANIA
DELAWARE
 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Currently, HB 1159 is to be on March  14, affecting titling and registration of vessels, and use stickers

To see the bill CLICK HERE

Certain highlights of the bill are:

A license fee fixed by the Department not to exceed [$25] $100

The fee for a 2–year certificate for vessels is [$24] $100.

Pay to the Department an application fee of [$10] $100 for the 2–year sticker

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Insurance  BillThe following bill(s) have been scheduled for a committee or a legislative session.
  Senate TransportationA1953:
    Monday, March 05, 2007 - 1:00 PM
    Meeting - Committee Room 10, 3rd Floor, State House Annex, Trenton, New Jersey
 

This bill requires that every owner of certain boats or watercraft registered in this State shall maintain liability insurance coverage insuring against loss for bodily injury or death sustained by any person arising out of the ownership, maintenance, operation or use of a boat or watercraft. Under the bill, coverage shall be maintained in an amount or limit of $100,000 on account of injury to, or death of, one person, in any one accident; and $200,000, on account of injury to, or  death of, more than one person, in any one accident. Under the bill, a person who fails to carry liability insurance on a boat or watercraft is subject, for the first offense, to a fine of not less than $300 nor more than $1,000 and his license to operate a vessel on the waters of this State shall be suspended for a period of one year. Subsequent convictions subject the person to a fine of up to $5,000 and imprisonment for 14 days. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Oral arguments will be heard next week in a U.S. Supreme Court battle between New Jersey and Delaware over the state's right to permit construction of a $600 million liquefied natural gas (LNG) facility on the banks of the Delaware River in Logan Township. New Jersey state officials expect a court-appointed special master mediating the case to recommend a decision to the high court four to six weeks following the Feb. 22 federal hearing in Philadelphia. However, that may not clear the way for oil-giant BP to construct the facility, which would include a 1,900-foot loading dock extending into Delaware's portion of the river.

"After the special master issues its report, the parties can file exceptions," explained Lee Moore, spokesman for the state Attorney General. Arguments on the exceptions could then be heard in the fall, officials said.

New Jersey sued Delaware in July 2005 after Delaware's Department of Natural Resources and Environmental Control (DNREC) rejected BP's proposal for the 1,900-foot pier, which would pump LNG from cargo ships into the planned facility, supplying gas to about 5 million regional customers a day. Delaware argues that shipping LNG up the river would place residents at risk and violate the state's Coastal Zone Act. New Jersey contends that the state should have jurisdiction over development on this side of the river. At issue for the court is whether a 1905 compact that allowed each state jurisdiction over development on its side of the river still stands. In 1935, the U.S. Supreme Court set the boundary drawn by William Penn in the Colonial period, which placed the Delaware state line at the mean low water line of New Jersey's shoreline in Gloucester and Salem counties. Importantly, New Jersey officials pointed out, it also recognized the 1905 compact.

When the court decided to hear the recent border dispute, however, it decided not to supplement the 1935 decision but to hear it as a new complaint.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

As part of its plan to open a new $400 million liquefied natural gas plant at Sparrows Point, AES Corp. says it will build a new 5-acre recycling plant for sediment dredged from Baltimore's harbor near the LNG terminal -

See Story Here

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

The Maryland Department of Natural Resources yesterday submitted a 90-page report to FERC that concludes that the proposed Sparrows Point LNG terminal fails to satisfy the state's interpretation of "remote siting," as the term is used in the Natural Gas Act to describe state and local safety concerns to be considered in consultation with the state. Along with the report, Gov. Martin O'Malley wrote a letter urging FERC to reject the project.

The report and letter are available in the FERC e-Library in docket CP07-62. The Baltimore Sun has local coverage. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Governor Martin O'Malley today urged the Federal Energy Regulatory Commission (FERC) to deny a proposal by the AES Corporation to construct a liquefied natural gas (LNG) terminal at Sparrows
Point in Baltimore County. A 90-page Advisory Report detailing the State's concerns was formally submitted to the Commission today.

Cover Letter.          Letter to FERC

Great news but we all still need to have letters sent!

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

Baltimore County Council Prohibits LNG Facilities in Sensitive Coastal Areas
Posted: February 6, 2007
 
In an attempt to stop AES from constructing the Sparrows Point LNG terminal in Dundalk, Md., the Baltimore County Council last night unanimously approved new legislation that adds LNG facilities to a list of prohibited uses in environmentally sensitive coastal areas of Chesapeake Bay. The Baltimore Sun has further details.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Why did DuPont back out of the VX treatment plan.  Read the GAO report to find underlying problems.

The GAO report said, "Based on our assessment of supporting documentation and analyses, we determined that the underlying cost estimates used in the Army’s report were not reliable, and the impact of this on the Army’s report finding that the DuPont plan had "significant cost savings" over the three considered alternatives is uncertain."

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Deadline set for LNG-plant comments

The Federal Energy Regulatory Commission has set a Feb. 14 deadline for public comments about an application by AES Corp., a global power supply company, proposing to build a liquefied natural gas facility at the Sparrows Point shipyard.

The agency is to determine by November whether AES can construct an LNG terminal on an 80-acre parcel in the Sparrows Point industrial complex and an 88-mile pipeline to distribute the gas.

The imported liquefied gas would arrive in overseas tankers for processing at the terminal, before being sent through the pipeline to southern Pennsylvania, where the natural gas would be distributed elsewhere on the East Coast.

The public will have an opportunity to comment on more specific issues associated with the proposal after next month, said Tamara Young-Allen, a spokeswoman for the energy commission.

It has not been determined whether there will be public meetings about the project, Young-Allen said.

Comments about the LNG terminal should reference docket numbers CP07-62-000, CP07-63-000, CP07-64-000, and CP07-65-000.

The agency requests that comments be filed electronically using the e-filing link on the commission's Web site at www.ferc.gov.

For assistance, call 866-208-3676.

 

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

STATE TRIES TO STOP LNG WITH CBYCA TESTIMONY - SEE POSITION PAPER
The Chesapeake Bay Yacht Clubs Association presented methods to slow if not stop LNG facilities at Sparrows Point using existing laws in the position paper
issued in January of 2006 and presented to the state Senate and Assembly. Apparently the state listened and is still fight the battle to stop LNG terminals

Maryland officials are considering whether the state can use existing law to prevent the proposed Sparrows Point LNG terminal from being constructed in Baltimore County, Md.  According to the article, officials are looking into attacking the project using the 1975 Coastal Facilities Review Act, but the deputy director of the state's Wetlands and Waterways program says the attempt may fail on appeal.

 

Harford County - Using a 31-year-old law to fight a proposed liquefied natural gas plant at the Sparrows Point shipyard might not be enough to thwart the project, officials said Wednesday.

State lawmakers are dusting off the 1975 Coastal Facilities Act, which serves as an umbrella process for the wetlands, air and water quality permits Virginia-based AES Corp. will need to move forward with a $400 million gas terminal and 85-mile pipeline, said Elder Ghigiarelli, deputy director of the state’s Wetlands and Waterways program.

That law also requires the local government to certify the proposal meets all land-use regulations. But even with county and state regulators united against the proposal — citing environmental concerns and the site’s proximity to homes — the federal government would likely approve an appeal, Ghigiarelli said.

The proposal is already in court. AES is combating a new county law banning LNG terminals within five miles of a neighborhood, arguing the federal government has sole authority to determine LNG sites.

Lawmakers could focus on AES’s plan to dredge 4 million cubic yards, which will require permits from the Army Corps of Engineers.

Corps representative Joseph DaVia said that requires state approval.

Contaminated material dredged from the bottom of Baltimore’s harbor must be contained at one of two facilities — Cox Creek and Hart Miller Island, which will close in 2009. Experts are exploring ways to clean and reuse dredged material to restore shorelines and create products like concrete filler.

AES officials said they are committed to removing contaminants as they dredge and plan to build a $10 million recycling center.

jmalarkey@baltimoreexaminer.com

Examiner

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

There are reports of serious shoaling in the Kent Narrows Channel.  Several boats have been reported as running aground in marked channel areas.  This condition requires the immediate attention of the US Army Corps of  Engineers for emergency dredging operation.

 

The channel is authorized to 60 feet wide channel to a depth of -7.0 MLW.  If the channel is not dredged,  it will not remain navigable for any deep draft boats for the upcoming boating season, which would obviously impact CBYCA members using these waters, local businesses, and the general boating public. CBYCA Delegate Dick Miller ( millerrg45@msn.com ) of Kent Island has approached the issue but will need all the help available to convince Federal Funding for maintenance dredging.  The Corps has informed the State and County that they do not have any funds in their budget to dredge the channel.  The County and State are contacting the Congressional Delegation to secure federal funding for the project so the Corps can proceed.   The preliminary estimated cost for the project is $1.5 million.

 

Bob Gaudette, MDNR, BGAUDETTE@dnr.state.md.us , suggest sending a letter from the Member Clubs to their congressional delegation, urging funding for this project so the Corps can dredge the north channel before the upcoming boating season.   The letter(s) should be copied to Colonel Peter W. Mueller, Baltimore District Engineer with the Corps. at,

Colonel Peter W. Mueller, Baltimore Commander & District Engineer

US Army Corps of Engineers District Baltimore

P.O. Box 1715

Baltimore, MD 21203-1715

 

Letter by DSLVA Knight

 

Members are urged to contact their legislative representatives and ask them to support the needs of boaters for both the recreational and commercial needs of the waterway.  See the contact list below.

Click here for a list of contacts.  CONTACTS WORD DOC  - CONTACTS PDF

Submitted by Commodore Jerry Donofrio Sr.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

The Future of LORAN-E.  International Loran association Convention on 22 Oct. in Groton CT paper presented by CBYCA Delegate to the NBF Earl Waesche
includes the House/Senate Conferees Report
Complete Report PDF File 
 
 
 

 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

After nine years of work focusing attention to debris on the waterway of the Delaware River,by the Boater Voter Coalition enough attention has been gained to cause Federal Legislation for a safer waterway.  The U.S. House of Representatives this week passed legislation that will help clean up and prevent the spread of marine debris in the nation’s waterways and oceans — a move praised by the National Marine Manufacturers Association.  See more on the story here

 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

On and after October 1, 2006, the new law (P.L. 2006, c. 44) imposes sales and use tax on the charges for initiation fees, membership fees or dues for access to or use of the property or facilities of a health and fitness, athletic, sporting or shopping club or organization in New Jersey, unless the club or organization’s members are predominantly age 18 or under.

Initiation fees, membership fees and dues are charges for the right, privilege or entitlement to use the club or organization’s facilities, paid by those who have met the requirements for membership, which includes the mere payment of fees, dues, or similar charges. A membership conveys a right, privilege or entitlement which is not available to a non-member, other than as a guest.  For more info click NJ Law  or go NJ Tax Site

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
New Jersey has passed a law within the new 7% tax laws to include sales tax or use fees 
for Yacht Clubs or associations. It is unclear at this time if it will include dock fees, storage fees or events but in conversation with the NJ Tax Department
it appears that area may apply to use of property.
NJSA 54:32B-3 (h)  Initiation fees, membership fees or dues for access to or use of the property or facilities of a health and fitness,
athletic, sporting or shopping club or organization in this State, except for membership in a club or organization
whose members are predominantly age 18 or under.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Full Article 1

Baltimore County officials said they denied surveyors from a company attempting to build a liquid

natural gas terminal and pipeline at the Sparrows Point Shipyard access to government-owned

property.

The surveyors need entrance to county land to plan for an 87-mile pipeline that would transport the

gas through Baltimore and Harford counties, said Bart Fisher, an attorney representing a

Dundalk-based plant opposition group.

This move is the latest in an aggressive effort to block the plans of energy companies AES Corp.

and Mid-Atlantic Express LLC, which is leading the pipeline work.

"The county executive is adamantly opposed to this project, and we’re not about to do anything to

facilitate it moving forward," 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Early in the fight against LNG facilities, the CBYCA prepared a position paper outlining specific areas of concern.
One such concern was that dredging would disturb the bottom land and pollute the fishery and waterway.  We suggested that the
has the power to limit dredging under the CZM "Costal Zone Management Act".
Now the Mayor of Baltimore has written a letter to FERC using our outline of opposition to dredging.  
O'malley Letter to FERC
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Appeals court rules CBF has the right to challenge pollution permits issued by the Commonwealth of Virginia

In an unprecedented victory for Virginia citizens and conservation groups, the Virginia Court of Appeals has ruled that the Chesapeake Bay Foundation (CBF) has the right to challenge pollution permits issued by the Commonwealth of Virginia.

“The Court of Appeals has affirmed a critical right of all Virginians the opportunity to prove in court that the state has failed to protect natural resources that belong to us all,” said Jon Mueller, CBF Litigation Director. “This is a significant victory for everyone who cares about the Chesapeake Bay and the rivers that feed it.”

The April 4 ruling by a three-judge panel of the Appeals Court overturned a decision last year by a Richmond Circuit Court judge. That judge had ruled that CBF lacked the “standing,” or legal right, to challenge the state for issuing a pollution permit to Philip Morris USA. CBF had challenged the permit because it allows the giant cigarette manufacturer to dump excessive amounts of nitrogen pollution from the company’s Chesterfield County, Va., plant into the already polluted James River.

CBF contends the state permit worsens the most serious problem plaguing the James River and Chesapeake Bay nitrogen pollution and violates the federal Clean Water Act and Virginia Water Control Law.

“Now we can argue in court about the real issue:  Philip Morris’ pollution discharges and the state’s failure to protect the James River,” Mueller said. “The Appeals Court ruling is significant, but CBF’s ultimate goal is to reduce the pollution going into the James River and the Chesapeake Bay.”

“Though most Virginians will probably never realize it, this ruling is absolutely key in confirming the right of groups like the Chesapeake Bay Foundation on behalf of its members to legally challenge state permits that threaten the quality of the water in our rivers, streams and lakes, and the bay,” said Deborah Murray, senior attorney with Charlottesville-based Southern Environmental Law Center (SELC). SELC has fought for years in the courts and in the General Assembly to obtain citizen standing for Virginians, a right long-recognized under federal environmental laws. “Our hats are off to the Bay Foundation for this important victory,” Murray said.

The ruling marks the second time in a year that the Virginia Court of Appeals has ruled in favor of CBF in a legal action against the Commonwealth. Last July, a three-judge panel of the court overturned a Richmond judge’s ruling that CBF and Citizens for Stumpy Lake, a Hampton Roads conservation group, could not challenge a Virginia wetland protection permit issued to a Hampton Roads developer. That Appeals Court sent that case back to the lower court as well.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Update on the status of the Federal regulatory process through which AES will be seeking consideration of its proposed Sparrows Point LNG terminal and Mid-Atlantic Express Pipeline. 

 AES had previously stated its intent to enter the process as early as mid-March.  A letter of application was submitted by AES to the Federal Energy Regulatory Commission (FERC) on March 24, 2006 requesting initiation of the pre-filing process.  FERC approved the request on April 4, 2006FERC’s approval signals the formal beginning of the first phase of the process, which is known as the pre-filing review process. 

 During this phase - which will take place over the next 6 to 8 months - FERC staff will work with Federal, State, and local agencies to identify issues and develop the necessary analytical documentation required to fully assess the potential impacts associated with the proposed project.  AES will be required to complete numerous studies intended to address all of the important issues relating to the proposed project, including safety and security, anticipated environmental impacts, potential impacts on property values, and affect on waterway users.  The pre-filing phase is intended to identify and address issues before the formal application for project approval is submitted by AES to FERC.  That second phase, once initiated, usually takes about an additional year to complete.

 During the past several months AES has been providing information about their proposal on a voluntary basis.  As part of FERC’s pre-filing review process, AES will host a series of public “open house” meetings to provide information about the proposed terminal and the proposed pipeline.  The schedule of open house meetings is attached as a Word document.  AES will continue providing information to community organizations and other stakeholders outside of the requirements of the pre-filing process. 

You are urged to attend these meetings and during the public comment period voice your positions.  Please also as for a "societal impact study".  Generally, these meetings will have a large board of individual from various supportive agencies like FERC, law enforcement, fire companies, expert witnesses on the environment, USCG, power company representative etc.  This board will generally testify to the desires of the LNG applicant.  Your job will be to counter argue their position.  My experience has indicated that these  meetings are intended to soften the public attitude and gain approval by consensus.  Please have your voices hear!!!  

Jerry Donofrio

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
MARYLAND SENATE BILL SB996 MOVED FAVORABLY TODAY, 04-04-06,WITH CERTAIN AMENDMENTS, OUT OF THE SENATE FINANCE COMMITTEE WHERE
THE CBYCA COMMODORE OFFERED A PUBLIC STATEMENT IN FAVOR OF THE BILL.  THIS BILL ONLY AFFECTS BALTIMORE COUNTY.  THE SISTER BILL
SB997 THAT WOULD HAVE IMPOSED RESTRICTIONS STATE WIDE HAS NOT MOVE YET.  COVE POINT REPRESENTATIVE GAVE STRONG ARGUMENTS AGAINST 
THE BILL IN THE SENATE HEARING.  THEIR TESTIMONY NO DOUBT HELD THIS BILL BACK.
 
THE AMENDMENTS - "CLICK HERE" - PROVIDE FOR A TASK FORCE TO REPORT BACK TO THE GOVERNOR.
 
THERE WAS NO ACTION IN THE HOUSE ON ASSEMBLY BILLS (HB1671-1671)COVERING THE SAME SUBJECT AS OF 4-5-06 AT 4:30pm.
 
 
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Asm. Jeff Van Drew of Cape May area has re-filed Bill A2212, legislation that will Children 13-15 years old to wear a PFD
while underway.
 
New Jersey already requires children under 13 to wear a PFD while underway an while on docks.  This Bill was introduced 
last November as A4356 and now reintroduce on Jan. 30th 20o6 but does not appear on the State Legislative Website under
"Boats & Vessels" but under "Law and Public Safety".
 
Van Drew is not a boater according to his public testimony during the Public Hearings on Boater Education three years ago. 
  To read this bill A2212 click here.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
There were two Bills the Senate and one in the House to heard in the Maryland Legislature this week pertaining to LNG.  Two Bills specifically restrict
development of a LNG facility in Baltimore County within 2 miles of a residence.  The other Restrict development of a facility within
Two Miles of a residence anywhere in Maryland.  SB996 & HB1671 pertain Baltimore County While  SB997 covers the entire State.
 
Commodore Jerry Donofrio testified at the Senate hearing while Vice Commodore Don Burton and DSLMD Kevin Noon offered testimony in the House. 
 
Baltimore Sun Story
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The attached testimony was made March 7th at a hearing in Annapolis on Senator Pipkin's Bill 787 to clarify the responsibilities of the Executive Committee of the MD State Dredged Material Management Program (DMMP).  I presented the testimony since DSLMD Kevin Noon had an unexpected business trip for that day.
 
The presentation was made before the Senate Education, Health, and Environmental Affairs Committee.  There were three testifying for and two (both POB personnel) against the Bill.  The vote to move the Bill to a Senate floor will probably occur next week.

 

CBYCA TESTIMONY IN SUPPORT OF SB 787 

Environment - Dredged Material Management – Duties of the

Executive Committee

 By:       Chesapeake Bay Yacht Clubs Association (CBYCA) 

            Donald Burton - Vice Commodore

                                        Member , Citizens Advisory Committee - DMMP

             Kevin Noon     - Director, Maryland State Legislation

 February 7, 2006

Members of the Education, Health, and Environmental Affairs Committee 

    The Chesapeake Bay Yacht Clubs Association (CBYCA) is an Association of 130 Yachting and Boating Clubs who have a direct interest in the health and viability of the Chesapeake Bay.  We represent over 65,000 recreational boaters. 

    The Maryland Sea Grant Study (1) reports: “ Recreational boaters in the Chesapeake Bay spend over $2.3 billion per year on boating activities.  Recreational boating also accounts for 19,900 full-time equivalent jobs in Maryland.” 

    We strongly urge your support of SB787.  This Bill will bring equal focus on both the dredging “needs” and “placement requirements”. 

     CBYCA has supported the DMMP process and the resulting “placement” recommendations for the past three years. Our position now is that focus  needs to be on the dredging “need”. 

    The DMMP committee, as now formed, represent all areas of needed expertise needed to comply with this Bill’s new and expanded mandate.  Experts from the Port of Baltimore, the environmental community, the local community, pilots, Corp of Engineers, etc. all currently serve in the DMMP process and will be a valuable resource as it considers the comprehensive dredging issue. 

    It is well accepted that dredging has a major environmental impact resulting from nutrient and sediment releases. The economic cost associated with dredging, especially spoil disposal, is increasing at a staggering rate. Any reduction in the amount of unnecessary dredging will result in significant savings (to the taxpayer) awhile further enhancing the health of the Bay. 

Thank you for your attention.

 Kevin Noon                                                                 Don Burton 

(1)  Pub. No. UMSG-SGEP-2001-03

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LEFT HAND???? RIGHT HAND???? CG wants to throw  away  $160M LORAN Equipment
     FEDERAL GOVERNMENT AND COAST GUARD IS PLAYING A SHELL GAME WITH LORAN

The story below is not over.  As Commodore of CBYCA, I sent a letter to Congressman LoBiondo asking for his help to resolve the matter.   According to Earl Waesche, the Congressman has contacted the USCG asking a lot of questions. (Commodore Donofrio)   Please check the links below and send letters to the law makers.

We have a major problem on Loran being driven by the Coast Guard. They are trying to get a decision to announce by June the intention to shut down the Loran system beginning Jan 1 2007. The FY07 CG budget submission has narrative that claims savings from decommissioning.  Congress has invested about $160M in the last few years to modernize the system and for many reasons shutdown makes no sense.  The attached position paper explains it more.  I have sent letters from NBF to Steny Hoyer and Barbara Mikulski who are on Appropriations, and Sarbanes (attached).  I plan to send more to the Chairs and Ranking members of Appropriations and the subcommittee on Homeland Security. Below is my message to the NBFExec committee. Letters from CBYCA would be a big help.

Earl Waesche

Legislative Director

National Boating Federation          To read more about this outrageous debacle click  HERE

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New Jersey (1/10 - 1/8/07)  NEW LAW       Go Here for the Simple Version             
There are now Test Out opportunities for Experience Boaters.  Click on NJ State Police Website.     NJ State Police Website

If you are a power vessel operator with at least 100 hours of operating experience and you were born prior to 1979 you may attempt to pass an approved boating safety exam without completing a boating safety course.

You may only attempt to pass this exam one time, if you are successful on your first attempt you will be issued a boating safety certificate. If you are unsuccessful on your first attempt you cannot take the exam again, you will have to complete an approved boating safety course and then pass an exam as part of the course to receive a boating safety certificate.

Senate and Assembly agreed to National Association of State Boating Law Administrators (NASBLA) mandatory education standards. The Governor
 on January 9 signed A. 2624, which was a carryover from the previous session, into law as P.L. 2005, C. 292. 
The State Police were given $500,000 to enforce the law.  

This law would require a license to operate a boat. This document is currently called a certification of education.  It was brought up at the Delegates meeting and at the time of introduction.  The same work is underway in Maryland.  The Delegates agreed we needed education but not a license. 

 

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  This bill to be known as the “Donald W. McGloan Law,”       IS NOT LAW  YET

requires that every owner of certain boats or watercraft registered in

the State of New Jersey shall maintain liability insurance.

     Under the bill, coverage shall be maintained in an amount or

limit of $100,000 on account of injury to, or death of, one person, in

any one accident; and $200,000, on account of injury to, or death

of, more than one person, in any one accident.

     The bill also requires an insurance identification card to be in the

possession of the owner or operator of a vessel at any time it is

operated on the waters of New Jersey, and provides penalties for

violations of this provision as well.

Proposed Law: Assembly, 3080 Liability Insurance   Sponsored by Wisniewski & Cohen Statements

 

Editorial Note From the Commodore:

There are a few problems with the bill as it stands.  It brackets liability only to persons with power boats above 25 HP.  This would eliminate liability compensation to person on smaller boats such as inflatable, small sailboats,  two person kayaks/canoes and small fishing boats.  What of the people who die or are injured on these types of vessels?  It appears the state does not care about them or that they need protection under the act.   More deaths and injuries are reported on these smaller boats.

The second problem occurs that there is not any stand alone liability insurance that cover only the parameters of the law.  IE Death or bodily injury to a $200,000 Limit.  Currently, BOATUS liability insurance would cover sections of the law plus all other liabilities not required under the law including a boat catching fire and burning down the marina and does not include the limited liability found the proposed law. Coverage is also based on an individual application per boat based on age of boat, education etc.  This extended liability insurance will cost much more than liability of death or injury.  Typical insurance cost for a 1989 26 foot sea ray is estimated at $375 yearly for stand alone policy.  There needs to be a standard type of policy based upon payment limits and exposure.

Amended Law 1953  The following bill(s) have been scheduled for a committee or a legislative session.
A1953: 6/30/2006 1:00:00 PM Assembly
The Assembly may consider any action by the Senate and Governor.  Voting Session
Assembly Chambers

 

The bill passed 51 - 28

 In an all night emergency session to pass a new budget and sales tax to 7% in New Jersey, the law makers also passed hundreds of bills without debate including a controversial law to have all boats over 25 HP maintain liability insurance up to $200,000, carry an insurance card at all times or face large fines for failure to follow the law.  Wisniewski held his vote for the 7% increase till the last vote to put the bill over the top.  He wanted the insurance bill to clear before giving his holding vote on the tax.

 

It passed under my strong objection to limiting the requirements to boats only above 25 HP and excluding protection to the population in boats under 25 HP.  Most injury and death occur in smaller boats and those less than 24 feet. Many are under 25 HP.

 

This was the worst session of legislation I have ever watched.  It was 4:30 AM when the new budget was sent to the Senate and then all other bills were read and voted in to law.  All they wanted to do is get the session over and get out of town.

 

There is still a chance to stop this bill.  The Senate did not act on the bill at the late night session.  They are closed now and will reopen in September.  We need to send letters to the Senators convincing them that this is defective legislation.

Letter to Assemblyman   & Statistical Background testimony

Letter from Assemblyman

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The CBYCA was represented at the hearing today, 2-8-06 , in Annapolis, by DSLMD Kevin Noon and Commodore Jerry Donofrio.  The Bill was amended by the founder, to remove "Recreational Vessels" from the wording and replace it with "Water Taxi".   It was apparent to many listening to the testimony, that much must be learned by a Delegate before

Maryland House Bill 140 to wear a PFD at all times  on any recreational vessel has FAILED to PASS

presenting a bill affecting boating.  There are many experts to be heard.  Thanks to everyone who attended or responded by mail to stop this Bill from moving into Law.

Read the Prepared CBYCA Testimony

Visit Your Comments   http://www.cbyca.org/mail.htm

The Maryland House of Delegates held a hearing on House Bill 140 on Wednesday, February 08, 2006.  According to CBYCA, the Bill as drafted “will require everyone to wear an PFD at all times everywhere on any recreational vessel”.  I attended that meeting to find out what was going on.  At the start of the Hearing, the Chairperson stated that amendments to the Bill had been adopted, and that the Bill now applied only to water taxies. It did not apply to personal boaters or the fishing industry.  Had they issued a notice of those amendments, it would have reduced the audience considerably. 

As related to water taxies, the Bill requires that; passengers be provided with the option of wearing a PFD, told where they are located, and given instruction on how to put one on.  There was opposition to the Bill because of the typically short ride, the impracticability of giving instruction to the many people that are typically getting on and off, and was not necessary as the requirement now in force under Federal law by the Coast Guard is more than adequate.  If that Federal law is not being sufficiently enforced, then enforcement should be addressed, and not resolved by enacting a new State law that is in part duplicative and conflicting. 

Warren C. Harper - 

Commodore, Corinthian YC

ENVIRONMENTAL MATTERS COMMITTEE
Delegate Maggie McIntosh, Chairman 12 Bladen St., Room 250, House Office Building, Annapolis, MD 21401-1912
(410-841-3990 Annapolis/Baltimore Area; 301-858-3990 Washington, D.C. Area) maggie.mcintosh@house.state.md.us

  READ THE BILL BY CLICKING HERE

Sponsored By:  

Delegate Catherine E. Pugh, District 40