Legislative Update - July 2007

July 5, 2007

PA Senate Introduces Act 217 Revisions
After months of negotiations PACD is pleased to announce the introduction of 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. The new legislation, SB 1020, sponsored by Senator Robert Wonderling, incorporates nearly all of the PACD recommendations to recodify Act 217 and we are looking forward to working with the General Assembly when they consider the legislation later this session.

SB 1020 designates conservation districts as the 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. The bill requires that each agency assign staff and other resources to the SCC. Joint offices may be established to facilitate cooperation and coordination between the agencies to eliminate overlapping functions. A single point of contact will be established for the support, funding, administration, and oversight of conservation districts.

Other key points of the legislation include:

• Adding the President of PACD, the Secretary of DCNR, and the Secretary of DCED 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 4 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.
  
• 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, and to monitor district activities.
  
• Allowing the Commission to administer grant and loan programs for landowners to implement non-point source best management practices on their properties.
  
• Allowing the Commission to waive the requirement for two farmer members in first, second, and second class A counties.
  
• 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.

For a copy of SB 1020, go to www.legis.state.pa.us.

Budget Update

As you all know, there is no state budget. After a day of no direct talks, Senate Republican leaders called a news conference to reiterate their unwillingness to consider Gov. Ed Rendell's other legislative priorities before completing a 2007-08 budget.

Democrat Rendell held his own press conference insisting on linking transportation funding, an energy independence package, and parts of his health care reform package to a budget agreement. The only agreement reached thus far is the framework of a transportation funding plan that would fund about $1 billion to mass transit agencies and highway and bridge projects.

The administration said it will issue furlough notices to some 24,440 state workers July 3, instructing them that -- barring a last-minute agreement -- they are off the job as of 7 a.m. Monday, July 9. That would shut down many government facilities and services, from state parks to casinos, though essential functions such as state police patrols would continue.

PACD continues to inform lawmakers about the importance of more adequately funding the CDFAP line items in both the PA Department of Environmental Protection budget and the PA Department of Agriculture budget. Unfortunately, the amounts in these lines are unpredictable. Increased conservation district funding does have a significant support from many legislators and other associations including PA Farm Bureau.

Landowner Liability Legislation Signed by Governor

Property owners who allow hunting on their land are more protected from lawsuits over accidents involving victims off their property under a bill that Gov. Ed Rendell signed into law Saturday. The bill, approved unanimously by both houses of the Legislature, was developed after a Lehigh County farmer was successfully sued over the 2004 shooting of a woman by a man who was deer hunting on the land. PACD passed policy on this issue last January, stating "PACD supports legislation to exempt landowners from liability if they invite individuals onto their land for recreational purposes as long as there is no intent to inflict harm, or no warning of known dangerous conditions." To see a copy of the new act, go to http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2007
&sind=0&body=H&type=B&BN=0013.

Previous Legislative Updates

• June 2007
• May 2007
• April 2007
• March 2007
• February 2007
• January 2007