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PACD Legislative Committee
2006 Meeting Minutes
PACD Legislative Committee
The Penn Stater Conference Center Hotel
State College, PA
July 26, 2006
Welcome
Committee Chairman Larry Kehl called the meeting to order and welcomed
everyone to the meeting.
Committee members in attendance:
Larry Kehl, Berks
Donna Fisher, Blair
Donald Koontz, Mercer
Harold Kulp, Chester
Ron Rohall, Westmoreland
Paul Sell, Lehigh
Patricia Sueck, York
Carl Urbanski, Luzerne
Also in attendance were:
Susan Marquart, PACD
Molly Burns, PACD
Brenda Shambaugh, PACD
Tom Matticks, NRCS
Stephen Scott, Centre
Gordon Hiller, Lycoming
William Smith, Tioga
Gerald Breininger, Lehigh
Bob Ritchey, Cambria
Victor Cappucci, Wyoming
Jim Spontak, DEP
Rusty Diamond, DEP
Scott Williamson, DEP
Jay Braund, DEP
Mark Dubin, DEP
Bill Zett, DEP
Malcolm Crooks, DEP
Karl Brown, SCC
Larry Martick, Adams
Piper Sherburne, Berks
Minutes from Previous Meetings
- January 19, 2006 meeting
It was moved by Pat Sueck and seconded by Harold Kulp to approve
the minutes from the January 19, 2006 meeting as presented. Motion
carried.
- May 3, 2006 conference call
It was moved by Donna Fisher and seconded by Carl Urbanski to
approve the minutes from the May 3, 2006 conference call as presented.
Motion carried.
Proposed PACD Legislative Program
Brenda Shambaugh reported that we received about fifteen or so comments
from districts, and the main concern expressed was that district directors
and employees may not be able to accomplish everything that is included
in the program, or might want to vary from the program to continue with
current activities that are bringing success. Brenda said that it is
important for districts to remember that the proposed legislative program
is designed to act as a guide, rather than a directive.
It was moved by Pat Sueck and seconded by Don Koontz to adopt the
Annual PACD Legislative Program. Motion carried.
Update on SB 1224 and the State Budget
- SB 1224
Brenda Shambaugh reported that SB 1224, introduced by Senators Wenger
and Waugh, was passed unanimously by the legislature and is now Act
110. Act 110 creates a non-lapsing fund that allows districts to receive
money up front instead of having to be reimbursed. It also exempts
districts from state contracting requirements, which relate to the
flow of money. Brenda noted that we were fortunate to have a great
deal of support from the legislature. She stated that the State Conservation
Commission is now working to set up the details of running the account
and moving funds.
- State Budget
Brenda reported that we were able to obtain over $190,000 in additional
funds for districts in this year's budget. She said that we were hoping
to receive even more, but we are pleased to have received an increase
and are looking at this as an opportunity to look for an even greater
increase for next year.
Other Changes to Act 217
Brenda Shambaugh reported that PACD has been working on other changes
to Act 217 with Senator Wonderling, who is the Senator who commissioned
the Legislative Budget and Finance Committee report on districts that
was released in June of 2005. There have been many revisions to the
draft of the legislation. Brenda explained that, while the legislature
saw SB 1224 as very important, the legislature does not appear to see
this as major legislation, and as a result there is not nearly as much
momentum in the legislature to move it forward. There are two items
that PACD requested on behalf of the districts that are not reflected
in the current draft of the legislation. The first of these is the elected
chair of the State Conservation Commission (SCC); the legislature wishes
to maintain the rotating chair. The other is that the legislature will
not combine all of the pieces of legislation relating to Act 217 into
one piece of legislation; anyone wishing to get the full picture regarding
Act 217 and it's amendments will have to review each document separately.
Susan Marquart pointed out that, on Page 12, lines 427-431, it should
be specified who is to provide contact information to the SCC. She noted
that there are also some conflicts within the verbiage that need to
be straightened out and there are some things that need to be fine-tuned.
Susan explained that, if the committee determines that we move forward
with this piece of proposed legislation, we should vote to move it forward
with the understanding that we will be making some adjustments for the
sake of clarity and consistency throughout the document. Susan and Brenda
both noted that there are very few legislative days left in this session,
and reminded the committee that if this proposed legislation does not
pass between now and the end of November, it will have to go back to
the beginning of the process.
Brenda and Susan explained that PACD is looking for guidance as to
whether PACD should move forward with the legislation. In particular,
the staff need to know how important it is to push for the elected chair
of the SCC. The committee discussed the issue and did not seem to feel
that the elected chair should be a stopping point for the legislation.
It was moved by Pat Sueck and seconded by Harold Kulp to support
the preliminary draft of Act 217 amendments, with the understanding
that PACD will be working with the Senator's office to make some changes
and adjustments for the sake of clarity and consistency throughout the
document. Motion carried.
It was asked for the notes to reflect that the Legislative Committee
should be kept in the loop regarding any changes and/or progress with
the bill.
Potential Impact of the Fall Elections
Brenda Shambaugh explained that the districts will be losing a number
of agricultural supporters this Fall, including Senator Brightbill,
Senator Jubelirer, and Senator Wenger, either because they are retiring,
or because they were not endorsed in their primary. This means that
we will have many new legislators in the Fall, and districts are going
to have to put forth a concerted effort to get to know them. Many of
these new legislators may know nothing about districts, while others
may be coming from strong district supporting roles, such as former
county commissioners who have served on district boards. Brenda asked
that districts let her know if they have a strong relationship with
a new legislator so that she can keep this in mind when making initial
contact with that individual.
Federal Legislative Issues
- NACD
Pat Sueck reported that NACD is working hard on the 2007 Farm Bill.
She said that there is a general feeling that that bill is not going
to be passed until 2008 at the earliest, and promised to be sure to
keep PACD and the districts in the loop with any changes or updates.
Pat took a moment to remind those in attendance that the Northeast
has an excellent representative on the NACD Executive Board, namely
Joe Lomax, who was in attendance at the Conference.
- AML Fund
Ron Rohall reported that an extension to the Surface Mining Control
and Reclamation Act (SMCRA) was passed, so the current legislation
is not in danger of expiring for another year or so. In terms of long-term
legislation, Ron reported that Senator Santorum has introduced SB
2616. Ron explained that the bill does not give us everything that
we want, but it looks like our best bet at this time. On the positive
side, the bill extends the Act for fifteen years, and takes the AML
fund off-budget, which takes the funds out of the appropriations process.
The funds due to Pennsylvania have not made it through appropriations
in the past, so taking the fund off-budget should make it much easier
for Pennsylvania to receive the funds due to us. On the negative side,
the bill reduces fees on mined coal over the fifteen year life of
the legislation. Ron reported that SB 2616 will likely be attached
to the pension reform bill. He said that Pennsylvania Senators Santorum
and Specter and West Virginia Senators Byrd and Rockefeller are supporting
the bill. The minority and majority chairs for the Senate's Environmental
Resources and Energy Committee are also supporters. Ron said that
districts should be vocal about their support for the bill and let
their legislators know that this issue is important to them. He commented
that Senator Santorum has done an excellent job in drumming up support
for the bill. Ron noted that CONSOL coal is in favor of the bill,
and that a number of districts have passed resolutions in favor of
the bill. Ron said that he will let districts know when critical times
arrive, so that they can put forward additional letters of support.
- PACD Position on the 2007 Farm Bill
Brenda Shambaugh presented the proposed PACD policy position on the
2007 Farm Bill. She noted that it is a broad position statement, designed
to serve as a starting point. Brenda noted that the policy includes
wording addressing the inequity between Pennsylvania and some other
states.
It was noted that PACD should try to include some aspect of forest
conservation in the policy statement. The committee decided to include
FLEP in the list of successful programs so that the proposed policy
would address forestry concerns.
It was moved by Pat Sueck and seconded by Paul Sell to approve
the following policy regarding the 2007 Farm Bill:
Conservation programs are going to be an integral part of
the 2007 Farm Bill. Overall, PACD has been pleased with most of
the conservation programs instituted in the current Farm Bill,
but have found that the existing funding levels for a number of
programs have hindered conservation progress. Most notably, EQIP,
CSP, CRP, CREP and FLEP have been successful programs and should
have increased funding.
Since technical assistance is the key component to implementing
sound conservation practices, PACD supports significant funding
increases for NRCS and Conservation Districts to provide landowners
with technical assistance. Additionally, PA Farmers do not receive
their fair share of federal farm bill funding. Farmers across
the country should receive the same percentage of available agricultural
production and conservation dollars. A more equitable distribution
of funds per producer is needed so all farmers nationwide have
an equal opportunity to participate in voluntary government conservation
programs.
Motion carried.
DEP South Central Region Update
Rusty Diamond, Director from the DEP South Central Region office, reported
that DEP has reorganized the region offices to include a Bureau of Water
Management and Bureau of Watershed Management. She said that the Department
is working with the new CAFO regulations and the South Central office
is in the process of hiring a new CAFO specialist. It has been noted
that each DEP region is implementing conservation district responsibilities
a little differently, so the regions are working together to create
some consistency between them. Rusty said that DEP is also working with
the nutrient trading program as a result of the Chesapeake Bay Tributary
Strategy. There are reports from many different workgroups addressing
point source strategy, what levels point sources need to reach to be
in compliance, and how they are going to implement the nutrient trading
program.
It was moved by Harold Kulp and seconded by Carl Urbanski to adjourn.
Meeting adjourned at 8:10 am.
Meeting Minutes
PACD Legislative Committee
Conference Call
May 3, 2006
Chairman: Larry Kehl, Berks Conservation District
Committee Members in Attendance:
Don Baker, Mifflin Conservation District
Larry Kehl, Berks Conservation District
Ron Rohall, Westmoreland Conservation District
Paul Sell, Lehigh Conservation District
Non-Committee Members in Attendance:
Victor Cappucci, Wyoming Conservation District
Susan Marquart, PACD Executive Director
Brenda Shambaugh, PACD Government Relations/Policy Specialist
Molly Burns, PACD Administrative Assistant (note-taker)
A quorum was not present.
Update on Act 217 and Budget (Brenda Shambaugh)
Brenda Shambaugh said that she and Susan have been meeting with both
the administration and Pennsylvania legislators about Act 217 and funding
for districts in the 2006-2007 state budget. PACD has received a draft
of a bill that would create a non-lapsing fund for districts. The draft
bill proposes to transfer conservation district funds from any Department
or Agency to a non-lapsing fund managed through the State Conservation
Commission. This way, districts can retrieve funds from a single agency.
In addition, the draft proposes that districts not be required to follow
state contracting guidelines within that non-lapsing fund.
Brenda noted that, if everything moves forward as we hope, the proposed
bill will probably go through with the budget at the middle or end of
June. PACD's stated budget priorities are: to achieve a fifty percent
cost share for managers and technicians; to restore funding for the
Chapter 105 program; and the creation of a non-lapsing fund for districts.
So far, PACD has achieved a significant commitment from members of the
Pennsylvania House and Senate, and our efforts have the support of a
number of other organizations, such as the Chesapeake Bay Commission,
the Pennsylvania Environmental Council (PEC), the PA Farm Bureau, and
the County Commissioners Association (CCAP).
Update on Current AML Legislation (Ron Rohall)
Ron Rohall provided an update on Abandoned Mine Land legislation. Senators
Santorum and Specter have introduced Bill S2616 to reauthorize the AML
fund. They want to introduce the bill as an amendment to the pension
reform bill. Currently, the bill is waiting to be scored by the budget
office. Ron explained that the bill has some good points and some bad
points. On the plus side, it reauthorizes the AML fund for fifteen years.
It also takes AML funding off-budget, which means that we would not
have to go through the appropriations process. Pennsylvania would get
about three times the money it is receiving now for fifteen years. Another
plus is that it increases the set-aside from 10% to 30% (currently,
Pennsylvania can set aside 10% of the funds it receives each year into
a non-lapsing fund that can be used for many types of AML reclamation
projects). However, it also removes the "general welfare"
clause that allows AML funds to be used for abandoned mine projects
that further general welfare, such as water restoration projects associated
with abandoned mines. If this bill passes, Pennsylvania can only use
the set aside funds for specific, high-priority sites. This severely
limits what the money can be used for. Another minus is that the bill
reduces fees per ton mined coal by 10% in years 1-5 and 20% over the
next 10 years.
In summary, Ron said that the AML campaign group is not opposing the
current legislation, but is requesting that a number of changes be made.
The Governor's office supports reauthorization, but wants to reduce
fees. Rep. Peterson seems to be lagging in his support of reauthorization.
Ron asked that anyone who has a good relationship with Peterson try
to work with him to gain active support for the issue. Rep. Murtha is
on the Appropriations Committee and this seems to be reducing his support,
as well. In terms of the coal industry, the Bituminous Coal Miners Association
seems to be mostly in favor of the bill. Big coal companies (like those
in Wyoming) do not support the bill, largely because their state has
no AML sites and the fees take money away from them.
Proposed Annual PACD Legislative Program
Brenda explained that the draft Annual PACD Legislative Program should
be viewed as a suggestion or template for districts, and created the
survey to send out to the districts so they can provide feedback. Districts
know what is working for them, and can use this template to identify
what they are not doing, or not doing well, and can adopt those aspects
of the program that will fill in the gaps. Counties are encouraged to
do other things, as well, and to change things around to accommodate
their strengths.
Brenda noted that PACD will provide supporting materials to help districts
with many aspects of the proposed program. She also noted that it is
probably a good idea to spread out legislative breakfasts and other
legislative activities. She explained that there are two times a year
when a great deal of legislative activity takes place: in the Spring
and the Fall. Since PACD has it's big legislative event in the Spring,
districts might want to arrange their legislative breakfasts and other
big legislative activities in the Fall. Brenda noted that the legislative
activity taking place in the Fall is different from that in the Spring.
In the Spring, the legislature is mostly focused on the budget, while
in the Fall, they are open to other issues.
One committee member offered that their district tends to 'mix things
up' by organizing different events each year. This year, they had a
bus tour so that legislators and aides could see completed projects.
The only thing they do exactly the same every year is to attend Capitol
Day and to meet regularly with their legislators. It was also noted
that Conservation District Law gives district directors the responsibility
to engage legislators and to seek out funding for districts, which is
a responsibility each director should actively take on.
Susan and Brenda will send the draft of the Annual PACD Legislative
Program and the accompanying survey out to districts and will let them
know that it hasn't officially been passed by the Legislative Committee
but will probably be coming to Executive Council in July.
The call was adjourned.
Meeting Minutes
PACD Legislative Committee
Ramada Inn, State College, PA
January 19, 2006
Chair: Larry Kehl, Berks Conservation District
In attendance:
Donald Baker, Director, Mifflin Conservation District
Donna Fisher, Manager, Blair Conservation District
Larry Kehl, Director, Chester Conservation District
Donald Koontz, Director, Mercer Conservation District
Harold Kulp, Director, Chester Conservation District
Ronald Rohall, Director, Westmoreland Conservation District
Paul Sell, Manager, Lehigh Conservation District
Patricia Sueck, Director, York Conservation District
John Torok, Commissioner Director, Potter Conservation District`
Carl Urbanski, Director, Luzerne Conservation District
Welcome and Introductions - Larry Kehl
Chairman Larry Kehl welcomed everyone to the meeting and called the
roll. Ten committee members were present, which represented a quorum.
It was moved by Harold Kulp and seconded by Don Baker to approve
the minutes from the July 25, 2005 meeting. Motion carried.
Legislative Committee Listserve
Larry Kehl passed the Legislative Committee listserve sign-up sheet
around and asked the committee how they would like to run the listserve.
It was decided that non-members should be allowed to sign up to receive
listserve messages, but they should not be able to send listserve messages
out. If they have messages they would like to send out to the committee
via the listserve, they should forward the message to a committee member
to send out.
Introduction of New PACD Employee Brenda Shambaugh - Larry Kehl
Larry Kehl introduced Brenda Shambaugh, new Government Relations and
Policy Specialist for PACD.
Brenda explained that she will be assisting the Association with legislative
issues and will also take on some policy work. Among other things, she
is currently working with the nutrient and sediment trading program.
With regard to her background, Brenda explained to the committee that
she worked for the Grange as Legislative Director for many years. She
knows many members of the general assembly, and has notified them that
she is now working for PACD. She is also familiar with many agency representatives
and other people in the agriculture and conservation community in Pennsylvania.
Members of the committee noted that Brenda is well respected in Harrisburg
and that they are very glad to see a policy person at PACD who can address
these important policy issues facing the districts and the Association.
March 13, 2006 Capitol Day Agenda - Brenda Shambaugh
Brenda Shambaugh explained that there is a new one-day format for Capitol
Day. The day will begin with workshops about how to develop and maintain
personal relationships with legislators, with a Legislative Luncheon
to follow. PACD has invited each Pennsylvania Representative and Senator
to the Legislative Luncheon and is asking attendees to follow up by
sending a personal invitation to their legislator, as well. Legislators
like to know that their constituents are attending. This can make a
big difference in legislator attendance.
Draft Position Paper Act 217 - Larry Kehl
Larry Kehl presented some background on the draft position paper on
Act 217. The original paper was prepared in July of 2000. At the PACD
Fall Meeting in October of 2003, it was decided by an act of the PACD
Executive Council to reopen and revise the position paper, and a PACD
sub-committee (the Act 217 Review Committee) was formed to make revisions.
In the meantime, the Legislative Budget and Finance Committee (LBFC)
undertook a review of the districts and released a report on the Operation
and Structure of County Conservation Districts. The Act 217 Review
Committee used the LBFC report to add strength and credence to the recommendations
in the draft position paper.
Brenda Shambaugh presented a proposed policy statement to the committee,
and briefed the committee on the current legislative environment. Pennsylvania
is in the middle of a two year legislative session. If we want to move
forward on this with the legislature, the time is now. If PACD moves
on Act 217 recommendations now, we will have a year to work on it with
the legislature, whereas if we wait until July, we will have very few
legislative days to work with the legislature. In addition, many advocates
for Pennsylvania agriculture in the legislature are not running for
re-election. If we wait, we will likely not have the strong support
we have now in the legislature. Currently, legislators are looking to
back positive legislation such as this, legislation that will reflect
well on them. The window of opportunity to move on Act 217 is this spring.
If we do not take advantage of this opportunity now, we will probably
not have the opportunity later.
There are a number of items in the draft position paper that benefit
districts. Among these items is the proposed non-lapsing fund for districts.
The LBFC report also suggests a non-lapsing fund, which lends additional
weight to the proposal. The paper addresses a number of other issues,
as well, including the extremely low per diem provided to the State
Conservation Commission members.
Comment from the floor: In the past we have been afraid to open up
the Act for revision, because we were afraid of what might happen. A
comprehensive package like this is the perfect thing to present to the
legislature, particularly with the support of the LBFC report behind
it.
It was moved by John Torok and seconded by Pat Sueck to adopt the
Suggested Act 217 Policy Statement after changing the first paragraph
by replacing "existing" with "necessary". Motion
carried.
It was moved by Pat Sueck and seconded by Paul Sell to forward the
Act 217 Position Paper to PACD Executive Council. Motion carried.
- Act 217 Policy Statement
PACD proposes amendments to Act 217 and will work with the PA General
Assembly with the guidance of our Position Paper "Conservation
District Law" to preserve and strengthen the conservation district
system. The goal is to streamline the processes that districts use
to develop and administer local, state and federal programs.
PACD recommends enhancing the necessary structure of the SCC to
include consistent leadership, expanded membership, and a more formal
assignment of necessary staff from the associated state departments.
Finally, PACD supports a special non-lapsing fund for conservation
district support. This fund should allow for future changes in funding
and programs and provide a framework for utilization of any dedicated
funding should that become available.
New Draft Policy Positions for Review - Brenda Shambaugh
Brenda provided the draft policy position on Prevailing Wage for consideration
by the committee.
It was moved by Pat Sueck and seconded by Malcolm Crooks to adopt
the following Prevailing Wage policy statement:
PACD supports an increase in the threshold of the prevailing wage
law. Because of the limited amount of funding available for conservation
projects on farms, this increase will allow districts to work more
effectively with the agricultural community.
Motion carried.
State Legislative Update - Brenda Shambaugh
Brenda explained that SB 410 has passed the Senate and came out of the
House Committee. It was just taken off the table in the House.
- Legislation to keep in mind includes Protecting the Family Farmer
and the Farmland Preservation Program.
- There is movement on legislation relating to alternate uses of
manure and energy production. One of these legislative initiatives
will create the Ag By-Product Management Board, which will discuss
and develop new initiatives and pilot projects. The PACD Conservation
Committee voted to support that package.
- With regard to manure hauling, there is Act 49, which was passed
in June of 2004. There is controversy surrounding how the language
in the new law is being interpreted. The intent of the legislation
was that the hauler would need to be certified, not that all of his
or her employees would have to be certified. However, the regulations
are requiring that each employee be certified. With high turn-over
rates in employment in this field, this is creating a significant
problem for haulers. Conservation Districts have been mentioned as
an entity that might be involved in the process. PACD's stand is that,
if the districts are going to be a part of the process, they should
be compensated for it. The PACD Conservation Committee voted to adopt
a policy statement to that effect, and is forwarding that policy to
the PACD Executive Council. The PACD Conservation Committee is also
forwarding a policy on Nutrient and Sediment Trading to the PACD Executive
Council.
- Regarding the budget, the Governor's Budget Office has requested
funding priorities from PACD, which means that they are listening
to our requests. The Governor presents his budget on February 7. Shortly
after that, in March, the House and Senate will hold budget hearings.
After this, the general assembly reconvenes. Sometime in June, the
assembly will pass a budget. It is supposed to be in place June 30.
Last year, they were still in session on the Fourth of July weekend.
Federal Legislative Update - Pat Sueck/Ron Rohall
Pat Sueck reminded everyone to read NACD e-Notes, which are forwarded
to the PACD listserves. The NACD Northeast region is working on a work
plan based on surveys taken of districts. The northeast has more legislators
than the rest of the US combined. If we work together as a region, we
will have a powerful voice. Krysta Harden is working hard and getting
a great deal done. The NACD Legislative Conference is set for March
26-28, 2006 at the Washington Court Hotel in Washington DC. Pat said
that she hopes to see many Pennsylvania folks in Houston for the NACD
Annual Meeting.
Ron Rohall provided an update on Abandoned Mine Land (AML) legislation.
The PA AML Campaign (a non partisan group made up of orgs in PA and
surrounding states) has been working to re-authorize the Surface Mine
Reclamation Act (SMCRA). We need something introduced in both the House
and the Senate and members of this group are meeting with Representatives
and Senators in Pennsylvania and surrounding states to reintroduce legislation
to reauthorize the Act with an appropriate funding distribution. Ron
noted that EPCAMR and WPCAMR are excellent sources for more information
on abandoned mine lands in Pennsylvania, and what Pennsylvania can do
with more funding. Ron will be updating districts and asking for support
for the legislation when it hits the floor.
Date of Next Meeting
The next meeting is scheduled for Wednesday, July 26, 2006 from 6:45
to 8:45 pm, during the NACD NE Region Meeting and PACD/SCC Joint Annual
Conference at The Penn Stater in State College, PA.
Adjournment
The meeting was adjourned at 7:58 PM
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