The following bills reached the Governor’s Desk so far this week…

Landowner Liability: House Bill 13 (Readshaw-D-Allegheny) relating to landowner liability and opening land to recreation was signed into law and is now Act 11.

House Bill 13 amends the Recreational Use of Land and Water Act, which for more than four decades, has provided liability protection for actions that occur on a landowner's property as a result of recreational activity -- such as hunting, fishing, swimming and hiking -- as long as the landowner does not charge a fee.

The need to amend RULWA was sparked by a 2006 court case in which the owner of a Lehigh County orchard was found partially liable for injuries caused by a hunter's stray bullet, which struck a woman a half-mile away.

House Bill 13 had widespread support, as the House and Senate unanimously passed the measure. The Farm Bureau specifically recognized Rep. Readshaw (D-Allegheny), who was the prime sponsor of the legislation, and Sen.Wonderling (R-Montgomery), who sponsored legislation in the Senate.

NewsClip: New PA Shield in Hunting Accidents

Storage Tanks: Senate Bill 815 (Musto-D-Luzerne) extending the storage tank pollution prevention programs through 2012 was signed into law and is now Act 20.

The new law authorizes the Department of Environmental Protection to direct up to $500,000 from the UST Environmental Cleanup Program for the "Heating Oil Cleanup Program." This program reimburses the owners of underground storage tanks, with a capacity of 3,000 gallons or less, up to $5,000 for corrective action. The tanks must be used for storing heating oil needed for use on the premises where it is stored.

In many cases, the program helps homeowners in cleaning up heating oil releases. Since July 1998, DEP has invested more than $1.4 million to support nearly 400 Heating Oil Cleanup Program grants.

The UST Environmental Cleanup Program also provides DEP with funding to conduct site investigation and remedial action activities at state-lead and special project sites. In December 2001, the UST Environmental Cleanup Program was expanded to fund work addressing "catastrophic" releases that pose a significant risk to human health and the environment.

Since July 1998, DEP has invested more than $24 million to address approximately 66 state-lead, special projects, and "catastrophic" release projects that protect human health and the environment

Under the UST Pollution Prevention Program, commonly called the "Pump and Plug" program, DEP provides grants to encourage small tank owners to remove the environmental threat posed by unused and unsafe tanks that have not been updated to meet current federal and state technical requirements.

Since the program began in July 1998, more than 900 grants have been approved and nearly $4.6 million have been awarded through the Underground Storage Tank Pollution Prevention Program.

Nuclear Plant Fees: House Bill 496 (George-D-Clearfield) that would increase fees on nuclear power plants and for transportation escorts was concurred in by the House and was sent to the Governor for his action.

Under the bill, cuclear power plant fees collected by the Pennsylvania Emergency Management Agency will fund interagency coordination and county emergency preparedness. The new amendments to Act 147 also allow the Pennsylvania State Police to escort certain large shipments of radioactive material and waste transported through the state.

Among those fees included or amended in Act 147 are:

· A one-time fee of $100,000 per site to DEP from any entity that holds, or has applied for, a nuclear power reactor operating license from the U.S. Nuclear Regulatory Commission, and an increased annual fee of $400,000 to $550,000 per site;

· A one-time fee of $150,000 per site to PEMA from any entity that holds or has applied for a nuclear power reactor operating license from the NRC, and an increased annual fee from $200,000 to $350,000 per site;

· Fees to DEP, PEMA and PSP that cover oversight and escort expenses incurred by the commonwealth to ship spent nuclear fuel and other large quantity radioactive materials through the state; and

· Continued fees under Act 147 that allow DEP and the Environmental Quality Board to regulate radiation sources users (e.g., x-ray or radioactive materials).

After 2009, two working groups of DEP and PEMA personnel, with representatives of the state’s nuclear facilities, shall review program expenses and issue a report to the General Assembly recommending any fee changes deemed appropriate.

Deer Management: House Bill 881 (Haluska-D-Cambria) expands the authority of the Game Commission to issue permits to individuals to protect agricultural crops and making other changes to the Game Code was concurred in by the House and sent to the Governor for his action.

7/6/2007