Senate Republicans responded this week to comments made by Department of Environmental Protection Secretary Kathleen McGinty regarding DEP’s reported inability to clean up contaminated sites across Pennsylvania. (PEDigest 12/13/04)

Secretary McGinty’s latest remarks came during a visit last week to Montgomery County. Pennsylvania’s top environmental official announced that DEP would not fulfill its responsibility to assist local residents impacted by a recent public health advisory warning of dangerous groundwater contamination to some residents of East Norriton Township, Montgomery County. The Secretary blamed her actions on what she described to be the near-bankrupt status of the Hazardous Sites Cleanup Fund (HSCA), which funds such projects.

“DEP has an obligation to protect the citizens of Montgomery County and the Commonwealth. Moreover, they have the means available to do so,” said Robert J. Thompson (R-Chester/Montgomery), chairman of the Senate Appropriations Committee.

Under existing law (Act 89 of 2002), the Governor has the power to transfer up to ¼ mill of the revenue generated from the Capital Stock-Franchise Tax (¼ mill equals approximately $34 million) if the expected ending balance of the HSCA Fund is less than $5 million. Secretary McGinty has said the HSCA Fund faces a $14 million deficit before the end of the fiscal year. “Callously disregarding the citizens of this Commonwealth - and then falsely laying responsibility at the feet of the legislature - is reprehensible,” said Senator Thompson.

Senate Republicans have recognized the need to address long-term funding for the HSCA Fund, and early last year pledged to work with Gov. Rendell to address short-term funding needs so as to avoid any crisis. In addition to the ‘trigger’ language contained in Act 89, the Senate-passed version of the state budget contained a $10 million infusion for the HSCA Fund for the current fiscal year. However, during budget negotiations, the Rendell Administration rejected adding any new funds to the HSCA Fund and insisted this proposed appropriation be removed. “It’s perfectly clear any shortfall in funding at this time is a direct result of the Administration’s negligence, not any action of the General Assembly,” said Thompson.

Republicans also took issue with Secretary McGinty’s statement that Pennsylvania’s award-winning land recycling program will most likely be eliminated.

“The hallmark of the Land Recycling Program is encouraging voluntary cleanups, establishing clear standards and providing liability relief to developers,” said Senator David J. Brightbill, Senate Majority Leader. “To suggest to Pennsylvania communities and businesses that this comes to a grinding halt is outrageous.” Senator Brightbill was the prime sponsor of this landmark legislation, and led its successful passage in 1995 under the administration of Republican Governor Tom Ridge.

Senator Brightbill also disputed Secretary McGinty’s remarks that the General Assembly has failed the people of Pennsylvania by not passing an environmental bond question for the spring primary. Noting the irony that, despite Secretary McGinty’s claims, none of the $800 million bond proposed by the Governor would actually go to the Hazardous Sites Cleanup Fund, Senator Brightbill said legislative leaders had in fact honored their commitment to work on a ballot question for the spring primary – a commitment that was reiterated during a mid-November meeting with the Governor.

“Secretary McGinty should know that Republicans were preparing to advance a ballot question, but that this plan fell through only because the Governor changed his mind – again – and insisted on adopting over $120 million in new taxes on households and businesses,” said Senator Mary Jo White (R-Venango), chair of the Senate Environmental Resources & Energy Committee. “The agreement was for a ballot question. The Governor changed his mind in less than 24 hours. To suggest the effort was sabotaged by the General Assembly is uninformed, partisan and simply wrong.”

The Senator noted the Governor’s own comments during a November 18th PCN-TV call-in show, when he stated “whether we enact the enabling legislation now or in February or March, it doesn’t matter in a way, because – I’m hoping we do it now – because it can’t go on the ballot any earlier than the May primary.”

Governor Rendell has proposed expanding Growing Greener, a 13-year, $1.24 billion initiative first adopted under Governor Ridge and later expanded under Governor Schweiker. Nearly $88 million remains to be spent from Growing Greener each year through 2012. Senate and House Republicans remain wary of the Governor’s proposed $150 million in new annual taxes to pay for the expansion, all of which he proposed remain in place permanently after the $800 million has been spent in four years.

NewsClip: Op-Ed: Hazardous Sites Funding Shortfall

12/17/2004