Legislative Update

PACD provides legislative updates on a periodic basis to keep conservation districts appraised of legislative activities pertinent to their mission and goals.

• December 18, 2007
• December 5, 2007
• November 29, 2007
• November 27, 2007
  
• November 15, 2007
  
• November 7, 2007
  
• November 1, 2007

December 18, 2007

STORMWATER MANAGEMENT PERMITTING EFFICIENCY ACT

Recently Representative Doug Reichley introduced HB 2128. This legislation entitled, “The Stormwater Management Permitting Efficiency Act,” requires DEP to develop and implement a permit review process for National Pollutant Discharge Elimination System (NPDES) post-construction stormwater permits. The department would also develop and implement a process that utilizes a simultaneous review process for erosion and sediment control and post-construction stormwater plan review. Additionally, the bill requires DEP to provide an expedited permit review in circumstances when an applicant has municipal or county conservation district approval of a Post-Construction Stormwater Management (PCSM) plan and the plan has been sealed by a qualified licensed professional who has attended Best Management Practices manual training.

PACD may be considering a policy position on this bill at our upcoming winter meeting in January. We would like your input on the bill as we develop a position paper to present to the PACD Legislative Committee. Please e-mail your comments to brenda-shambaugh@pacd.org by December 31, 2007. We look forward to your comments and suggestions.

December 5, 2007

U. S. ENERGY DEPARTMENT AGREES TO RECONSIDER POWER LINE PLACEMENT

U. S. Energy officials announced they will re-examine a decision to declare a large amount of the Mid-Atlantic region including 57 of Pennsylvania's 67 counties as a priority area for new power lines. The U.S. Department of Energy said it would grant a re-hearing on its October decision to declare two areas of the country "national interest electric transmission corridors," a new legal designation to prod power line construction in order to ease the threat of blackouts. The mid-Atlantic power corridor runs from Virginia and Washington, D.C., north to include most of Maryland, all of New Jersey and Delaware and large sections of New York, Ohio, Pennsylvania, and West Virginia. Under the energy corridor map announced by federal authorities, a major power line could be approved by Washington if state authorities fail to approve it after a year. Such a decision would mark the first time the federal government assumed that type of authority over what has historically been regarded as a state decision.

SPECIAL SESSION ENERGY LEGISLATION

The PA General Assembly is moving on a number of bills related to energy initiatives. One of these bills in the Senate, Special Session SB 1, includes an amendment appropriating $650 million for alternative energy, energy efficiency, and low-income energy assistance programs over a ten year period. Of greatest importance to conservation districts is a $200 million tax credit program to support alternative energy production projects using waste coal, biofuels, biomass, solar power, wind energy, geothermal technologies, and clean coal technologies to distribute renewable energy.

PACD staff has been meeting with a number of elected officials recently including Senate Chairperson of the Environmental Resources and Energy Committee, Senator Mary Jo White, to discuss our recently approved Energy Strategy. We focused on the increased technical assistance that will be necessary to keep pace with training and education as PA promotes alternative energy sources. Chairperson White agreed that additional funding for conservation districts will be necessary as the state promotes renewable resource production and use.

For a copy of Special Session SB 1 go to:
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm
?txtType=HTM&sessYr=2007&sessInd=1&billBody=S&bill
Typ=B&billNbr=0001&pn=0033

OPEN RECORDS LEGISLATION UPDATE

SB 1, the open records legislation, passed the Senate on November 28, 2007 and passed the House Appropriations Committee on December 3. This legislation changes current law allowing all records from executive agencies and local agencies to be presumed open unless they fall under a specific exception established in law. The bill includes exceptions so certain records remain private, such as Social Security numbers, medical records, records that may threaten domestic security, and police investigative records. A key provision would require all state contracts, including contracts with the Legislature, to be posted online in a searchable database. The legislation appears to be on the fast track to the Governor's office before the General Assembly leaves Harrisburg for the Holiday break.

For a copy of SB 1 go to: http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=
2007&sind=0&body=S&type=B&BN=0001

LANDOWNER LIABILITY LEGISLATION

The Senate Environmental Resources Committee met this week and passed SB 497. This legislation allows for greater civil liability protection to landowners willing to allow public recreational activities on their land.

For a copy of SB 497 go to:
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2007
&sind=0&body=S&type=B&BN=0497

FLOOD PREVENTION

Legislation was introduced, SB 1157, which establishes a Flood Prevention and Remediation Fund from a portion of the liquor tax fund. The legislation is meant to be a proactive approach by taking steps to prevent future flooding. The intent is to establish an ongoing unified program on a large-scale, regional basis to identify and complete projects which will reduce the Commonwealth's annual exposure to flooding emergencies.

For a copy of SB 1157 go to:
http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2007&
sind=0&body=S&type=B&BN=1157

November 29, 2007

SB 1020 ADVANCES TO FULL SENATE

The Senate Agriculture Committee considered and passed SB 1020. This legislation updates Act 217, the Conservation District Law, which is the Pennsylvania statute that created the State Conservation Commission (SCC) and provided the authority for county governing bodies to create conservation districts. Although the original law was outstanding in its visionary approach, there is a need to update some of the contents of the law.

SB 1020 designates conservation districts as a primary local government unit responsible for the conservation of natural resources in the Commonwealth. It specifically states that districts are responsible for implementing programs, projects, and activities to quantify, prevent, and control non-point sources of pollution.

An important provision incorporated into SB 1020 delineates the roles and responsibilities of the PA Department of Agriculture and the PA Department of Environmental Protection in assisting the State Conservation Commission (SCC) to fulfill its duties.

Other key points of the legislation include:

• Establishing a procedure for those members of the SCC and local directors who do not, or cannot perform their responsibilities.
  
• Offering appropriate training assistance and certification for directors, staff, and volunteers of the conservation districts.
  
• Requiring SCC approval of delegation and contracting for certain functions and powers of the districts.
  
• Allowing the Commission to administer grant, loan, and tax credit programs for landowners to implement non-point source and other best management practices on their properties.
  
• Reducing the requirement to at least one eligible nominee for each director to be appointed.
  
• Allowing the county government body to require that directors of the conservation district be residents of the county.
  
• Requiring the county governing body to provide names and contact information of directors to the SCC.
  
• Delineating a list of activities conservation districts can engage in including any natural resource program approved by the Commission.
  
• Allowing districts to contract with state and local agencies for payment for services rendered.
  
• Allowing conservation districts to accept contributions from federal, state, and local government entities.
  
• Allowing any other state agency to delegate one or more of its regulator and enforcement functions to conservation districts.
  
• Adding the President of PACD, the Secretary of the Department of Conservation and Natural Resources, and the Secretary of the Department of Community and Economic Development as associate, non-voting members of the SCC.
  
• Providing the farmer and public members of the Commission with a $150 per diem which will be adjusted every four years for inflation, plus reimbursement for expenses incurred as a result of their SCC duties. Additionally, the bill allows per diem payments to county directors if funding is available.
  
• Requiring SCC review of fees for services established by conservation districts for the purpose of determining if such fees are reasonable in relation to the scope of the service to be provided.
  
• Requiring any Commonwealth agency entering into a delegated agreement with a conservation district to include, in writing, a clear delineation of the duties to be performed; a clear delineation of the authorities under which the duties will be performed; an analysis of funding sources available; an estimation of the amount of funds or compensation, if any, to be provided; any conditions, limitations or other factors that affect or potentially affect the proposed funding sources; and any additional resources, services, and support, including staff, that may be provided to the conservation district.

PACD is hopeful that the full Senate will consider SB 1020 early in 2008.

November 27, 2007

The Senate Agriculture Committee is scheduled to meet on November 28, 2007 to consider SB 1020. After months of negotiations PACD is SUPPORTING the legislation revising Act 217. PACD has worked with a number of legislative leaders, staff, and other stakeholders to produce a legislative document addressing the needs of conservation districts across the Commonwealth. SB 1020, sponsored by Senator Robert Wonderling, incorporates nearly all of the PACD recommendations to recodify the existing law. SB 1020 designates conservation districts as a primary local government unit responsible for the conservation of natural resources in the Commonwealth. It specifically states that districts are responsible for implementing programs, projects, and activities to quantify, prevent, and control non-point sources of pollution.

PACD also SUPPORTS an amendment that will be offered which makes it clear that any delegation agreement entered into by a district and any agency must clearly define the district's duties and authorities performed, an analysis of funding sources available, and estimation of any funds provided, any conditions affecting the funding sources, any additional resources, services and support that may be provided.

We will keep you posted. For a copy of SB 1020, go to http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear
=2007&sind=0&body=S&type=B&BN=1020.

The following Senators are members of the Senate Agriculture Committee. Any phone calls or e-mails to their office in support of SB 1020 would be appreciated. Thanks.

Senate Agriculture Committee:

Senator Michael Brubaker (717) 787-4420 mbrubaker@pasen.gov
Senator Michael Waugh (717) 787-3817 mwaugh@pasen.gov
Senator John Eichelberger (717) 787-5490 moleary@pasen.gov
Senator Michael Folmer (717) 787-5708 mfolmer@pasen.gov
Senator Roger Madigan (717) 787-3280 rmadigan@pasen.gov
Senator Terry Punt (717) 787-4651 skohr@pasen.gov
Senator Michael O'Pake (717) 787-8925 opake@pasenate.com
Senator Shirley Kitchen (717) 787-6735 kitchen@pasenate.com
Senator Sean Logan (717) 787-5580 logan@pasenate.com
Senator John Wozniak (717) 787-5400 wozniak@pasenate.com

November 15, 2007

In an effort to explain the critical role conservation districts could play in achieving Pennsylvania’s energy independence, the PACD Executive Board endorsed a PACD energy proposal. Here is the plan:

ACHIEVING PENNSYLVANIA'S ENERGY INDEPENDENCE GOALS WHILE STRENGTHENING CONSERVATION PLANNING IN PA - THE CRITICAL ROLE OF PENNSYLVANIA'S CONSERVATION DISTRICTS

Pennsylvania, along with the rest of the nation, has been advocating increased production and usage of renewable energy sources. New technologies are being developed that utilize combustion, anaerobic digestion and gasification to generate energy from manure and other feedstocks. Nationwide, corn production has increased significantly, in part, to accommodate greater use for ethanol production. In fact, this year corn production in Pennsylvania alone increased by 100,000 acres from the previous growing season.

A recent report from the Chesapeake Bay Commission entitled, "Biofuels and the Bay" stated, "Handled correctly, biofuels have the potential to provide significant and permanent new income sources for farmers and foresters, while serving as a means to substantially reduce greenhouse gases and better manage agricultural nutrient loadings within the watershed. Handled incorrectly, biofuels could lead to shifts in crop patterns and acreages that create an uncertain future for farmers and foresters and seriously worsen the overload of nutrients to our rivers and the Bay." For these reasons, the PACD has produced a strategy to provide technical assistance to farmers as they consider altering their farm operations.

The PACD strategy includes funding for conservation districts that choose to expand technical assistance capacity commensurate with the development of biofuel and alternative energy production while also protecting soil, water, and air resources. We are requesting that any legislation creating a comprehensive energy initiative include $5 million to position conservation districts with the personnel necessary to provide new technical assistance and conservation planning for enhancing energy production derived from agricultural practices. The goal is providing conservation districts with the funding necessary to assist the farming community with implementing conservation practices in conjunction with Pennsylvania's energy production.

ENERGY FACTS

• In 2006, 78,327,000 acres of corn was planted nationwide. In 2007, 92,888,000 acres of corn was planted nationwide, resulting in a 14,561,000 acre increase. In Pennsylvania, corn production acres increased by 100,000 acres from 2006 to 2007.
• In 2005, 4 billion gallons of ethanol was produced in the U.S. By 2012, that figure is estimated to increase to 12 billion gallons of ethanol.
• In 2001, 20% of the corn produced nationwide was converted to ethanol. In 2007, over 30% of the total corn production was used to manufacture ethanol.
• Recently Lake Erie Biofuels plant was awarded funding to build a plant producing 45 million gallons of biofuels annually.
• In Clearfield County, Bionol Clearfield LLC, a subsidiary of BioEnergy International, recently selected the site for its proposed $200 million traditional dry milled corn ethanol plant. This represents a significant investment in north central PA. The plant will utilize conventional corn-based technology, will be among the largest east of the Mississippi River, and one of the nations top 10 based on output. The company has also committed to developing a pilot cellulosic ethanol plant to produce fuels using locally available organic wastes such as wood and agricultural residue.
• It is estimated that PA could produce and consume 1 billion gallons of biofuel by 2017 containing 30 percent ethanol.
• History has shown that energy production has created negative legacy issues from of in-stream mills, coal mining, and oil and gas wells in PA. To help prevent negative environmental ramifications from renewable energy development, PA needs to be proactive in natural resource stewardship as we pursue increased domestic energy sources.
• A recent report from the Chesapeake Bay Commission entitled, "Biofuels and the Bay" stated, "Handled correctly, biofuels have the potential to provide significant and permanent new income sources for farmers and foresters, while serving as a means to substantially reduce greenhouse gases and better manage agricultural nutrient loadings within the watershed. Handled incorrectly, biofuels could lead to shifts in crop patterns and acreages that create an uncertain future for farmers and foresters and seriously worsen the overload of nutrients to our rivers and the Bay."
• New technologies are being developed that utilize combustion, anaerobic digestion and gasification to generate energy from manure and other feedstocks.

IMPLICATIONS FOR CONSERVATION AND THE ENVIRONMENT

• Conservation District services will be needed to provide technical assistance to keep pace with increased corn production including training and education pertaining to conservation practices.
• Increased corn production will add to nutrient pollution if not accompanied by conservation measures, and should be seen as an opportunity to greatly expand cover crops and support for other agricultural best management practices. A statewide program to promote no-till and cover crops on farmland will facilitate additional erosion control.
• As biofuel plants are built and operating in PA, distiller's grain will become available for animal feed. Nutrient management technical assistance will become more crucial and conservation districts are in a position to assist the agricultural community with those needs.
• Increasing emphasis on bio-fuel production will alter farm operations and increase the need for updated and improved conservation plans. A number of federal and state programs already require farmers to have a current conservation plan or an agricultural erosion and sediment control plan to meet the program's standards. Unfortunately, USDAS and state agencies have not been able to provide farmers with the technical assistance necessary to help farmers meet these needs because of decreased funding and staffing.
• Alternative energy sources such as windmill construction will necessitate consideration of additional environmental impacts such as erosion and sedimentation.
• New technologies to generate energy from combustion, digestion and gasification from manure and other feedstocks need to be accompanied by proper nutrient management.

STRATEGIES

In order to achieve energy independence goals there is a need to expand the technical assistance capacity within Pennsylvania's Conservation Districts commensurate with the need to develop biofuel and alternative energy production that also protects soil, water and air resources. The goal of this strategy is to position Districts to deliver new technical assistance necessary to enhance the energy efficiencies within agriculture. The following funding is needed each year for the next five years.

November 7, 2007

STATE ASKS FEDERAL GOVERNMENT TO RECONSIDER TRANSMISSION CORRIDOR DECISION

Governor Rendell and the PA Public Utility Commission recently asked the U. S. Department of Energy to reconsider its decision to designate a vast amount of PA land including 52 counties as part of the National Interest Electric Transmission Corridor. The Governor said the broad designation exceeds what lawmakers had originally intended, and the department exceeded its authority by ignoring the Federal Powers Act while failing to consider alternatives.

The state cited the following reasons for its request:

• The Federal Powers Act requires that any corridor be narrowly drawn and limited only to those areas that are experiencing electric energy transmission constraints or congestion. In many parts of the 52 Pennsylvania counties affected, that is not the case.
  
• The Department of Energy, or DOE, failed to consider any alternatives prior to designating the corridor.
  
• DOE never prepared an environmental impact statement prior to making its decision as required in the National Environmental Policy Act.
  
• The federal government neglected to consult with the Commonwealth in a timely fashion while studying transmission congestion, and failed to consider the state's comments.
  
• The DOE abused its discretion in choosing to designate the corridor.

At the annual meeting last July, the delegates passed the following policy:

"PACD supports a congressional legislative initiative intended to create additional time and expanded public input for comprehensive research on the Mid-Atlantic Electric Transmission Corridor. Specifically, PACD requests that Congress consider viable non-transmission options including any responsible energy resource planning process and energy conservation, especially given the potential to deliver energy resources faster, more economically with lesser environmental degradation and with greater public acceptance."

HOUSE PASSES PA CLIMATE CHANGE ACTION PLAN, SENATE MOVES COMPANION BILL

The House passed legislation, HB 110, which would require the Department of Environmental Protection to create a Climate Change Action Plan with the help of an advisory board. A similar bill, SB 266, was reported out of the Senate Environmental Resources and Energy Committee. The bill would provide a detailed and organized action plan for dealing with the impact of global warming and climate change, and set greenhouse gas standards and a timetable to achieve goals to reduce the state's contribution to the problem. Specifically, it would also inventory the greenhouse gas emissions of various economic sectors in the state, create a voluntary greenhouse gas registry, develop and publish a global warming impact statement for Pennsylvania, and develop an action plan for reducing greenhouse gas emissions in the state.

HAZARDOUS SITES CLEANUP FUNDING BILLS MOVE

The Senate passed SB 1100, which transfer about $17 million to the Hazardous Sites Cleanup Act (HSCA) from legislative accounts for the current fiscal year was not included in the final state budget adopted by the General Assembly in July. The Department of Environmental Protection has indicated that the HSCA program will be shut down if a funding solution is not found. In the House, HB 1974 was introduced which would provide $35 million to fund HSCA through transfers from legislative.

USDA COMPREHENSIVE NUTRIENT MANAGEMENT INITIATIVE

According to USDA, Pennsylvania Farmers and Technical Service Providers will be able to work together to develop Comprehensive Nutrient Management Plans (CNMP). The new initiative will give farmers the option to have a CNMP plan developed by a private industry consultant rather than a USDA-NRCS employee. A maximum of $7,000 can be contracted with a farmer through the Environmental Quality Incentives Program for CNMP development. This initiative is for development of a CNMP plan only, there is no requirement for the farmer to implement the plan. Farmers who want to implement practices in their plan can submit another funding request for that. Farmers who have developed a CNMP plan, whether through this initiative or by working with NRCS directly, will receive preference when requesting funding for practice implementation.

SENATOR PILEGGI'S OPEN RECORDS BILL ADVANCES

Legislation recently passed the Senate State Government Committee and is currently in the Senate Appropriations committee to strengthen Pennsylvania's Open Records Law. SB 1 changes current law so that all records from executive agencies and local agencies are presumed to be open unless they fall under a specific exception established in law. The bill includes exceptions so that certain records remain private, such as Social Security numbers, medical records, records that would threaten domestic security, and police investigative records. A key provision in the amendment would require all state contracts, including contracts with the Legislature, to be posted online in a searchable database.

The Open Records legislation would also:

• Create an Open Records Clearinghouse to provide information, training and advisory opinions on open records.
  
• Cut the response period for state agencies from 10 days to 5 days.
• Improve the appeals process.
  
• Increase penalties for noncompliance from $300 to $1,000 for a first offense, and up to $2,000 for subsequent offenses.
  
• Require all agencies to appoint an open records officer to specifically deal with requests, including coordination and tracking.
  
• Require the Open Records Clearinghouse to create a uniform form which may be used to request records, making it easier for requestors.
  
• Require agencies to accept email requests.
  
• Establish standard fees for photocopying records.
  
• Adding the Judicial branch's financial records to the law.
  
• Clarifying that PHEAA is covered by the law.

November 1, 2007

NEW USDA SECRETARY NAMED

President Bush nominated Edward Schafer, a former two-term Republican governor from North Dakota, to head the Agriculture Department. He would replace Mike Johanns, who resigned as agriculture secretary last month to launch a bid for the Nebraska Senate seat being vacated by Republican Chuck Hagel next year. Schafer's selection comes at a crucial time for the Agriculture Department, which is closely following -- and hoping to influence -- the farm bill moving through Congress.

The administration has staunchly opposed congressional efforts to keep current farm programs -- including billions of dollars in annual crop subsidies to farmers -- largely in place. Under Johanns, Bush threatened to veto the House version of the legislation, which passed in July. The Senate is scheduled to debate its version of the $288 billion bill next week.

The Bush administration has argued that too many farm dollars are directed to wealthy farmers, a position that is likely to put Schafer at odds with Congress as farm interests continue to have considerable influence on Capitol Hill. Bush has also opposed proposals to provide billions in additional financial assistance to farmers who have suffered weather-related losses, a priority for North Dakota farmers.

BILL INTRODUCED TO PREVENT FUTURE FLOODING

Representative Jim Wansacz introduced HB 1989, a comprehensive plan to help prevent future flooding and to assist communities in flood recovery.

HB 1989 is a two part proposal which addresses and provides funding for flood prevention projects and assistance to residents, businesses and municipalities that sustain damage but do not meet the $15 million minimum federal disaster relief funding. If passed the bill requires an annual surcharge of $1 on all homeowners' insurance and business owners' property insurance policies. Representative Wansacz estimates that $4-6 million could be generated through the proposed bill to assist this effort and would be placed in a Flood Assistance Fund to aid those that don't qualify for federal relief.

To see a copy of the bill go to http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?
txtType=HTM&sessYr=2007&sessInd=0&billBody=H&billTyp=
B&billNbr=1989&pn=2790

SENATE ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE MEETING

The Senate Environmental Resources and Energy Committee met to consider SB 266, the Pennsylvania Global Warming Act, which requires the Department of Environmental Protection to prepare a report on potential global warming impacts in the Commonwealth. Additionally, the Department would create an inventory of greenhouse gases emitted in PA and use the data to project future greenhouse gas emissions. The Department would also be required to submit a climate change action plan every three years to the Governor. To see a copy of the legislation go to: http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2007
&sind=0&body=S&type=B&BN=0266.

HOUSE ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE MEETING

The House Environmental Resources and Energy Committee met to consider HB 934, which amends the Municipal Waste Planning, Recycling and Waste Reduction Act. The bill allows a county to impose a fee not exceed $4 per ton for a recycling and waste management fee for five years on municipal solid waste generated within its borders and disposed. County fees used to fund special recycling and waste programs, recycling education and enforcement have been declared illegal by Commonwealth Court. To see a copy of the legislation go to: http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?
txtType=HTM&sessYr=2007&sessInd=0&billBody=H&billTyp
=B&billNbr=0934&pn=1100.

Previous Legislative Updates

• October 2007
• August 2007
• July 2007
• June 2007
• May 2007
• April 2007
• March 2007
• February 2007
• January 2007