With all the sound and fury over the state’s General Fund budget, this is a good time to remember there is more that should get done (and some that shouldn’t) in the Fall legislative session that starts when the House returns on September 11.

Here are a few things PA Environment Digest is tracking in the House and Senate--

House

-- $2/Ton Recycling Fee Extension: The existing fee is due to sunset on January 1, 2020, but DEP has already stopped accepting applications for new Act 101 Recycling Implementation Grants because grantees are typically are reimbursed for what they spend over 2 or 3 years.

In April, Sen. Tom Killion (R-Delaware) introduced Senate Bill 646  eliminating the sunset date altogether.  The bill is supported by environmental groups, including the Professional Recyclers of PA, Keep PA Beautiful, PA Resources Council, PA Environmental Council and others. The Senate passed the bill on June 13.  Click Here for more.

The House Environmental Resources and Energy Committee amended the bill to extend the sunset date by 1 year on June 29 and the bill is now on the House Calendar for action.

The House also amended an Administrative Code bill-- Senate Bill 446 (McGarrigle-R- Delaware)-- on July 11 to include a 3 year extension of the Recycling Fee.  The bill is now in the House Appropriations Committee.  This bill also includes several provisions opposed by environmental and other group

The Senate passed another Administrative Code bill-- House Bill 118 (Kaufer-R- Luzerne)-- on July 27 as part of the budget revenue package that removes the sunset date on the Recycling Fee.  The bill now goes back to the House for a concurrence vote.  This bill also includes several provisions opposed by environmental and other groups.

-- Storage Tank Cleanup Program Extension/Funding DEP’s Storage Tank Program: The Storage Tank Environmental Cleanup and Pollution Prevention Programs in the Storage Tank and Spill Prevention Act expired on June 30, 2017 and with it the ability of DEP to help certain tank owners remove or cleanup the mess left behind by leaking tanks. 

Senate Bill 649 (Yudichak-D-Luzerne) was introduced in April to extend these programs another five years and to authorize the transfer of an additional $4 million from the Underground Storage Tank Indemnification Fund to help pay for DEP’s administrative costs for the Storage Tank Program.  Click Here for more.

The bill was reported out of the Senate Environmental Resources and Energy Committee on May 22 and was referred to the Senate Appropriations Committee June 13.

However, the provisions of Senate Bill 649 were amended into House Bill 290 (Metzgar-R-Bedford) in the Senate and passed on July 8.  The bill is now in the House Rules Committee for a concurrence vote. 

-- Hazardous Sites Cleanup Program Funding: The main source of funding for DEP’s Hazardous Sites Cleanup Program from 1988 until 2015 was the Capital Stock and Franchise Tax.  The tax was eliminated on December 31, 2015.

The tax generated about $40 million a year to fund the cleanup of state-listed hazardous waste site, pay for DEP’s emergency response to hazardous waste spills, water replacement around hazardous waste sites, for the state’s share of cleanup costs for 97 federal Superfund sites and for the administration of the Land Recycling Program, including brownfields grants.  Click Here for the most recent annual report.

DEP Secretary Patrick McDonnell told the Senate Appropriations Committee in March the General Assembly and the Administration have to find other ways of funding the Program, but so are nothing has been done. 

There have been temporary funding provided from a variety of sources: the Act 13 drilling impact fee of about $4 million in 2014, a transfer of $8.3 million from the Unconventional Gas Well Fees (meant to fund DEP’s Oil and Gas Regulatory Program) and DCNR’s Oil and Gas Lease Fund (meant to fund state forest and park projects) in FY 2016-17 and about $18.3 million from those same sources in FY 2017-18, the Program has not been fully funded for several years.

They continue to rob Peter to pay Paul through Mary.

-- PA One Call, Natural Gas Line Protection: On June 21 the Senate passed Senate Bill 242 (Baker-R-Luzerne) that adds unconventional and larger conventional natural gas gathering lines to the PA One Call utility construction safety program so they can be identified and mapped for emergency services.  Click Here for more.

There are now an estimated unmapped 100,000 miles of natural gas pipelines in Pennsylvania vulnerable to hits from construction and digging equipment.

Prime sponsor Sen. Lisa Baker (R-Luzerne) noted in a background memo on the bill there are more than 6,000 incidents of striking utility lines every year, with approximately half involving natural gas lines because facility owners do not join the PA One Call program or for other reasons.

The bill is now in the House Consumer Affairs Committee.

-- Littering Penalties: On July 8 the Senate passed Senate Bill 431 (Scavello-R-Monroe) to increase the fines for littering significantly. Click Here for more.

Currently, fines for littering under Title 18 (Crimes and Offenses) run from $50 to $300 for a first-time offense, and $300 to $1,000 for a second and subsequent offense.

Under Senate Bill 431, fines would be increased up to $2,000 for multiple offenses, based on the size and weight of litter.

Keep Pennsylvania Beautiful and other groups are supporting this legislation.

The bill is now in the House Transportation Committee.

-- Game, Fish Commission Fees: Legislation that passed the Senate in March giving the Game and Fish and Boat Commissions the ability to set their own fees by regulations is now stalled in the House Game and Fisheries Committee.  Click Here for more.

 Senate Bill 30 (Eichelberger-R-Blair) authorizing the Fish and Boat Commission to adopt its own fees (Senate Fiscal Note and summary) saw no action on the bill in Committee.

Senate Bill 192 (Stefano-R-Fayette) authorizing the Game Commission to adopt its own fees (Senate Fiscal Note and summary) was Tabled in the Committee.

The bills are supported by the PA Environmental Council and a wide variety of environmental, angler and hunting groups.

-- Landowner Recreational Liability: House Bill 544 (Moul-R-Adams) further providing for landowner liability protection for opening land for use by snowmobiles and ATVs (sponsor summary) was reported out of the House Rules Committee in June, amended on the House Floor and was referred to the House Appropriations Committee.

The PA Environmental Council and other groups have suggested amendments to the bill to cover activities related to trails.  Click Here for more.

-- Oil & Gas Leaseholder Royalty Reform: In January the Senate passed Senate Bill 138 (Yaw-R-Lycoming) further providing for the calculation of proceeds paid to interest owners (sponsor summary); and Senate Bill 139 (Yaw-R-Lycoming) establishes the Natural Gas Lease Anti-Retaliation Act (sponsor summary).  Click Here for more.

The bills remain in the House Environmental Resources and Energy Committee.

Another approach to leaseholder royalty reform was introduced in the House by Rep. Garth Everett (R-Lycoming) and other Northcentral PA legislators-- House Bill 557-- but so far there has been no action in the House Environmental Committee on the bill.  A discharge resolution was filed on the bill June 28.

-- General Assembly Approval Of Regulations: In June the Senate passed, along party lines, Senate Bill 561 (Disanto-R-Dauphin) which requires an up or down vote by the General Assembly on every final regulation approved by the Independent Regulatory Review Commission if that regulation has a fiscal impact of $1 million or more.  If the General Assembly does nothing, the regulation dies.  Click Here for more.

The bill is in the House State Government Committee which has been holding hearings over the summer on reforming the state regulatory process and on “regulatory overreach.”  Click Here for the June 12 hearing.  Click Here for the June 26 hearing.  Click Here for the August 9 hearing.

At the Committee’ June 12 hearing, a representative of the PA Chamber of Business & Industry cautioned members about requiring a vote by the General Assembly on every regulation proposed.

At the Committee’s June 26 hearing, a commissioner from the Independent Regulatory Review Commission noted at least one Commonwealth Court decision declared a vote by one whole chamber of the General Assembly unconstitutional, and urged members to look at the constitutional implications of the bill.

The PA Environmental Council and other groups oppose the bill, citing significant concerns about constitutionality as others have before the House State Government Committee and the fact the General Assembly already has multiple opportunities to be meaningfully involved in the regulatory process from the beginning.  Click Here for more.

-- Performance-Based State Budgeting, Does Not Cover House Or Senate: There are two bills pending in the House to establish a performance-based budgeting program that would require Executive Branch agencies, but not the Senate, House and Judiciary, to just spending each dollar they receive.

The Senate passed Senate Bill 181 (Mensch-R-Montgomery) in February.  The bill has been amended several times in the House Appropriations Committee and is now on the House Calendar for action.  Click Here for more.

The House passed House Bill 410 (Warner-R-Fayette) in June and the bill is now in the Senate Appropriations Committee.

[Note: Over the last 13 years DEP’s General Fund budget has been cut 40 percent and its staff by now over 25 percent.  The FY 2017-18 budget cuts DEP’s funding yet again.  State General Fund support for DEP is now below 1994-95 levels.  It first dipped below the 1994-95 levels in 2010 during the Rendell Administration.

[At the same time, the House and Senate gave themselves a 4.8 percent raise in the new budget year.  That means their budget has increased 77 percent since FY 1994-95-- $182.9 million in 1994-95 to $325.2 million in the new fiscal year ($142.3 million) and 26 percent since 2002-03 from $258.1 million to $325.1 million ($67 million).

[The most recent audit of legislative accounts shows the House and Senate ended the FY 2015-16 fiscal year with an $118 million surplus.]

-- Repeal MS4 Stormwater Program: House Resolution 284 (Moul-R-Adams) urging Congress to repeal the U.S. Environmental Protection Agency’s MS4 Stormwater Pollution Prevention Program was reported out of the House State Government Committee in June with a party-line vote (Republicans supporting) and is now on the House Calendar for action.  (Click here for more.)

Hundreds of communities statewide are now implementing or in the final stages of developing their MS4 Stormwater Plans, dozens under compliance orders from the U.S. Environmental Protection Agency.

Something to keep in mind in the aftermath of Hurricane Harvey-- private and public investments in green infrastructure prompted by the MS4 Stormwater Pollution Prevention Program yields triple benefits-- reduces flooding and nutrient and sediment pollution.  Click Here for more.

Senate

-- Local Stormwater Fees: In June the House voted overwhelmingly to give communities the ability to fund local stormwater and flood prevention projects by passing House Bill 913 (Everett-R- Lycoming) providing for the adoption of stormwater fees by incorporated towns, House Bill 914 (Everett-R- Lycoming) providing for the adoption of stormwater fees by boroughs, House Bill 915 (Everett-R-Lycoming) providing for the adoption of stormwater fees by first class townships and House Bill 916 (Everett-R-Lycoming) providing for the adoption of stormwater fees by Cities of the Third Class.  Click Here for more.

The bills are necessary because the House and Senate continue to cut funding for local stormwater and watershed improvement projects.

The bills are sponsored by Rep. Garth Everett (R-Lycoming) one of Pennsylvania’s members on the interstate Chesapeake Bay Commission.

-- Lawn Fertilizer Regulation/Education: Application of fertilizer by homeowners, golf courses and athletic fields has long been known to be a source of nutrient runoff.

To deal with the issue, Sen. Richard Alloway (R-Franklin), one of Pennsylvania’s members on the interstate Chesapeake Bay Commission, in June introduced  Senate Bill 792 that will reduce the environmental impact of fertilizer by requiring all professional fertilizer applicators to be certified in application techniques and creates an education program.  (Click Here for more.

Similar legislation has already been enacted in Maryland, New Jersey and Virginia.

On June 26, the Senate Agriculture and Rural Affairs Committee reported the bill out of Committee unanimously and it was referred to the Senate Appropriations Committee on July 17.

-- Designating Eastern Hellbender PA’s State Amphibian: A project of the Chesapeake Bay Foundation’s Student Leaders group, Sen. Gene Yaw (R-Lycoming), one of Pennsylvania’s members on the interstate Chesapeake Bay Commission, introduced Senate Bill 658 in May to name the Eastern Hellbender as Pennsylvania’s state amphibian.  Click Here for more.

The bill was reported out of the Senate State Government Committee on June 14, but then was Tabled in the Senate on July 9.

-- Electronics Waste Recycling Program Reform: Over the last 3 years electronics waste recyclers, nonprofit groups that run recycling events, DEP and counties have pointed to the problems in Pennsylvania’s Electronics Waste Recycling Program which many say is near collapse or at best just limping along. The General Assembly has held hearings on the issue, but so far has taken no action.  Click Here for more.

At the end of June, Sen. Richard Alloway (R-Franklin) introduced Senate Bill 800 to totally revamp the whole electronics waste recycling law and put in its place a new system that he believes will fix many of the problems.  Click Here for more.

The bill is in the Senate Environmental Resources and Energy Committee.

-- Uniform Construction Codes:  There have been several attempts to amend the process by which the state amends the Uniform Construction Code covering residential buildings in the Commonwealth. 

The PA Environmental Council and other groups see having a robust Construction Code is important because it contains provisions that set standards for energy-saving construction.  Click Here for more.

Several bills are now pending --

-- House Bill 409 (Evankovich-R-Allegheny) making changes to the process for adopting amendments to the Uniform Construction Code was reported out of the Senate Appropriations Committee in July and is now on the Senate Calendar for action.  This is considered the main vehicle, whose provisions environmental groups believe could be improved.

-- House Bill 176 (Pickett-R-Susquehanna) is a more focused bill exempting roadside stands from Uniform Construction Code (House Fiscal Note and summary) was reported out of the Senate Labor and Industry Committee in July, was amended on the Senate Floor and was passed by the Senate.  It is now in the House Rules Committee on concurrence..

-- Roll Back Protection From Surface Mining: In June the House passed House Bill 1333 (Gabler-R-Clearfield) which eliminates the current DEP limit on how long surface mine operators can temporarily cease mining operations from 180 days to the federal standard of what could be years.

It is opposed by the PA Environmental Council and other groups.  PEC suggested amendments to the bill, but were rebuffed by the prime sponsor.  Click Here for more.

The bill is now in the Senate Environmental Resources and Energy Committee.

-- Kicking SRBC Employees Off Retirement System: In June, in a party-line vote with Republicans supporting, the House passed House Bill 922 (Tallman-R-Adams) removing new employees of the Susquehanna River Basin Commission from the state employees retirement system.  SRBC employees have been part of the system for decades.

There is no doubt this is part of an effort to penalize the Susquehanna River Basin Commission by conservative House Republicans who believe the agency is engaged in regulatory overreach.  Click Here for more.

The bill is now in the Senate Finance Committee.

-- Wind Energy Facilities: House Bill 187 (Sonney-R-Erie) further authorize wind energy facilities on preserved farmland (House Fiscal Note and summary) was reported from the Senate Agriculture and Rural Affairs Committee.  It was Tabled by the Senate on July 11.

-- Noxious Weeds: An initiative to repeal and replace the state’s Noxious Weed law is making its way through the General Assembly.

House Bill 790 (Pashinski-D- Luzerne) establishing the Controlled Plant and Noxious Weed Committee was passed by the House in May.  A House Fiscal Note and summary is available.

The bill was the amended and reported out of the Senate Agriculture and Rural Affairs Committee in June and referred to the Senate Appropriations Committee in July.

-- Quartz Official Mineral: Senate Bill 610 (Killion-R-Delaware) to designate quartz as the official state mineral (sponsor summary) was reported out of the Senate State Government Committee in June and was Tabled by the Senate on July 9.

Check the PA Environmental Council Bill Tracker for the status and updates on pending state legislation and regulations that affect environmental and conservation efforts in Pennsylvania.

[Posted: Sept. 5, 2017]

9/11/2017