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Legislative Update - December 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


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