The House Appropriations Committee this week approved a plan to fund the Hazardous Sites Cleanup Program through June 30 of next year, but removed provisions, by a party-line vote, that would have put in place a more permanent funding solution.

Senate Bill 1100 (Pileggi-R-Delaware) was amended to take $2.5 million from each of the four Caucus legislative accounts and make an appropriation from the General Fund to provide the $18 million needed to fund the Hazardous Sites Program through the end of the fiscal year.

As passed by the Senate, the bill had provided the program with funding for the next several years by earmarking up to $40 million annually from the Capital Stock and Franchise Tax, restoring the funding source adopted when the program began in 1988 with Gov. Casey.

Appropriations Chairman Rep. Dwight Evans (D-Philadelphia) said any discussion on funding for the program beyond June 30 should be dealt within the context of budget discussions next year. Rep. Evans said he did not want to begin budget discussions with $40 million “off the table.”

His amendment limiting funding was supported by Democrats and opposed by Republicans who said it was critical to provide the program with assured funding over the next few years.

An agreement to fund the Hazardous Sites Cleanup Program was made in July as part of the budget settlement by the Senate, House Democrats and Gov. Rendell that would have used surplus monies from the Keystone Recreation, Parks and Conservation Fund. But that agreement fell apart in the House in the face of opposition from environmental groups who objected to taking funding from one environmental program and giving it to another.

Senate Bill 1100 was actually the third proposal passed by the Senate to fund the Hazardous Sites Cleanup Program. The House has yet to complete action on any plan.

Adopted in 1988 at the initiative of Gov. Robert P. Casey, the Hazardous Sites Cleanup Program was funded by earmarking revenue from the Capital Stock and Franchise Tax, appropriations from the General Fund and fees on hazardous waste disposal. Only the fees are still in place.

The Hazardous Sites Fund has not had a stable source of funding since 2002 when the Capital Stock and Franchise Tax was removed as the primary funding source. For the last five years the Fund has limped along on one and two year funding solutions.

At a House Republican Policy Committee hearing on Hazardous Sites funding Friday, legislators expressed their support for a permanent source of dedicated funding for the program.

"HSCA simply cannot operate without long-term funding. With layoff notices pending for many employees involved in this program, we must act now or risk seeing vital environmental cleanup efforts delayed or even derailed," said Rep. Kate Harper (R-Montgomery). "We need to assure the people of Pennsylvania that this fund will not die. In an industrial state like ours with so many hazardous sites to be cleaned up, we are always going to need HSCA to ensure a clean and safe environment."

"We must find a dedicated funding source to pay for cleanup of hazardous sites before projects that are currently underway must stop due to a lack of money," said Rep. Carole Rubley (R-Chester).

"The testimony given today has strongly reinforced my conviction that we should promptly adopt legislation to provide a reliable and permanent funding source for the Hazardous Sites Cleanup Fund, and we should meet this goal without reducing funding for other important environmental funds," said Rep. Chris Ross (R-Chester).

Department of Environmental Protection Deputy Secretary Thomas Fidler said 146 employees are in jeopardy of being furloughed if funding is not provided.

"It makes little sense to maintain staff if they are not working on projects," Fidler said. "The department has made a decision and put a furlough plan in place. Staff will be notified next Friday, Dec. 14, that employees will be furloughed if there's not an answer to the funding question by the end of this session. DEP has tried to button up project sites so that the public will be protected and the risk controlled if funding runs out."

The Pennsylvania Environmental Council this week expressed concern that, despite some movement in the General Assembly to fund the Hazardous Sites Cleanup Program, no final legislation is in place and plans to lay off program staff are continuing.

Brian Hill, President of PEC, said, “We welcome these efforts, but there is still much to do to secure meaningful, long-term funding for this critical Program – and very little time to do it.”

Hill noted the Hazardous Sites Program has been without dedicated funding for the past five years and has been existing on one and two-year stopgap funding plans.

Hill said, “Earlier (Thursday) Pennsylvania Department of Environmental Protection Secretary McGinty sent a note to all DEP employees pointing out that despite the movement in the General Assembly, the lack of final action is requiring the agency to continue its furlough plans. This is a disturbing development, because it means the critical parts of the program will be mothballed and important work – work that will protect the health and environment of the citizens of the Commonwealth – will not be done.”

“While providing immediate funding for the almost-bankrupt Program is vital, this bridge falls far short of actual need,” Hill said. “The bottom line is simple: the Hazardous Sites Cleanup Program needs to be funded and it needs to be funded both now and in the future. This cannot wait for the New Year or another budget season.”

NewsClips: Stopgap Funding for Hazardous Sites

Funding Dispute May Halt Hazardous Cleanups in PA

PA Funding Dispute May Halt Hazardous Cleanups

Hazardous Sites Cleanup Needs Funding to Avoid Layoffs

Op-Ed: General Assembly Must Fund Toxic Cleanups

Links: Opinion- Pennsylvania Must Fund Hazardous Sites Cleanup – Sen. Pileggi

Opinion- Hazardous Sites Cleanup Demands Prompt Attention – Brian Hill, PEC

12/7/2007