Testimony at Today’s Confirmation Hearing of Susan Bass Levin

We fully support the strong environmental vision the Governor laid out, and commitments he made, during the campaign -- most notably protecting critical habitat for endangered and threatened species, expanding c1 to more key waterways and strengthening other Clean Water Act rules, ensuring the State Plan reflects existing natural resources, repealing fast track, doubling affordable housing production, banning pay to play, expanding the public financing of campaigns, ending the misuse of eminent domain, and opposing the Delaware Deepening.

We hope the nominee if confirmed represents and implements this vision and commitment. However, given her record, we're understandably skeptical about that as well as concerned about the jurisdiction the nominee would have even as we realize it's the Governor's call with your advice and consent.

The nominee oversaw or was directly responsible for major setbacks to environmental, planning and affordable housing policies is legitimate, well documented, and in direct conflict with the Governor’s commitments and vision.

In our view, the nominee has been the champion of going the wrong way – at times at her own initiative and at times directed to do so. In all instances, the nominee failed to b e an effective advocate for good public policy.

Ultimately, the commissioner must be answerable to the people of New Jersey as well as the Governor of New Jersey.

Some examples of the nominee’s troubling record that disconnect with the Governor’s platform include:

Ø Securing unneeded weakening amendments to the Highlands Act that prevent key portions of the Preservation Area from being preserved and promote over development in parts of the Planning Area;

Ø Advancing State Plan policies that ignore critical natural resource data, fail to protect green spaces in urban areas, and promote sprawl in rural areas of New Jersey;

Ø Securing key support of interest groups and legislators initially opposed to Fast Track;

Ø Cutting the deals needed to become Smart Growth Ombudsman while being DCA Commissioner – an arguably unconstitutional power grab giving DCA veto authority over DOT, DEP, et al – and denying critical habitat and c1 rules in that position;

Ø Adopting anti-affordable housing, anti-environment COAH rules that are disproportionately weighted in favor of towns that want to avoid responsibility -- while the Governor-elect has pledged to approximately double affordable housing production over the next ten years, former Commissioner Levin's COAH rules cut affordable housing targets in half;

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Ø Using DCA to advance pay to play -- developers like Cherokee and major campaign contributors receive funding from DCA programs like HMFA, Brownfields Taskforce, and NJRA;

Ø Undermining OPRA by denying virtually every appeal and defining “deliberative� so broadly that virtually anything could be exempt from OPRA, e.g., the nominee cost taxpayers $23,000 when COAH was fined for denying an affordable housing and environmental advocate’s OPRA request; and

Ø Exacerbating poor land use planning, unaffordable housing and environmental degradation by failing to update and improve Cherry Hill’s master plan as mayor;

Ø Making repeated, explicit attempts to divide the environmental and affordable housing communities.

Finally, please don't misinterpret the lack of public testimony today. The concerns described here are nearly unanimous throughout the environmental, affordable housing and planning communities. Accordingly, we urge you to pursue these concerns with these communities as well as with the Commissioner as you consider your advice and consent.

Thank you for your consideration of this testimony.

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For Immediate Release: Contact: David Pringle

Thursday, January 26, 2006 (732) 996-4288