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Legislative Update - November 2007
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 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.
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