House Committee Sets New Precedent For Opting Out Of Environmental Programs

The House Local Government Committee set a major new precedent for an environmental program this week by amending House Bill 1390 (Freeman-D-Lehigh) to, for the first time, eliminate a mandate for environmental improvements if the state does not appropriate matching funding to local governments.

The bill would require counties and municipalities to develop integrated water resources plans to help address stormwater management issues. The amendment would allow the Department of Environmental Protection to indefinitely extend the deadline for complying with the requirement if the state does not provide funding for 75 percent of the cost.

Local government groups opposed the bill saying it was an unfunded mandate on counties and local governments. They pointed to this year's state budget which eliminated stormwater funding entirely as support for their position.

Rep. Robert Freeman (D-Lehigh), Majority Chair of the Committee, said current law does not sufficiently address the needs of storm water management in the Commonwealth. Additional provisions are needed to provide a more comprehensive approach that is watershed based, addresses long standing remedial problems, and provides local governments with more authority to implement storm water plans.

The legislation would also permit the establishment of integrated water resources plans.

"Stormwater problems have increased over the years, particularly in high growth areas where increased sprawl development creates more impervious surfaces, paves over natural absorption areas, and results in more frequent and intensive flooding,” Rep. Freeman observed. “The current Storm Water Act, Act 167 of 1978, has proven to be woefully inadequate at addressing storm water management needs.”

Rep. Freeman said his bill would address some of the limitations in the current law. In addition to providing more comprehensive storm water planning and management, the measure would help to restore, protect and maintain water quality and quantity in the Commonwealth.

It would also enable municipalities and counties to work together to implement integrated water resources management plans within the watershed. Additionally, it would allow for the creation of water resources management authorities to better regulate, manage, operate and maintain facilities and storm water infrastructure that can effectively deal with storm water runoff or water resources within the watershed.

“This legislation will also seek to address current and past storm water problems" Rep. Freeman said. "It will provide for the preparation and implementation of remedial plans which will help provide some relief for current and past problems.

“Poorly managed storm water leads to severe flooding that causes millions of dollars in property damage and extensive environmental degradation. We need to develop and implement comprehensive storm water plans to reduce flooding and to ensure the protection of the Commonwealth’s water resources. In order to do this, we must take a regional and integrated approach to dealing with storm water. Storm water runoff does not follow municipal boundaries. A localized or fragmented approach will never solve this ongoing problem. It takes cooperation and a comprehensive regional perspective to best manage storm water run-off.”

The bill was then referred to the House Appropriations Committee.