Tuesday, October 14, 2014

Senate Passes Anti-Stream Buffer Bill 27 To 22, Now Returns To House On Concurrence

The Senate Tuesday approved House Bill 1565 (Hahn-R-Northampton) that environmental groups say weakens DEP requirements for stream buffers in Special Protection Watersheds by a vote of  27 to 22 with Republicans and Democrats voting on both sides.
The bill now goes back to the House for a concurrence vote Wednesday, the last scheduled day of session for the year.  If the House does not act, the bill dies.  If they concur, the bill goes to the Governor for his action.
Prior to its final action, Sen. John Yudichak (D-Luzerne), Minority Chair of the Senate Environmental Resources and Energy Committee, amended the bill to change the provisions of the bill to give applicants the option to install practices other than a stream buffer, but only if they can prove other practices are “substantively equivalent to” a stream buffer.
The amendment also changed the provision allowing the installation of a buffer in other areas, but “as close as feasible to the area of disturbance” to limit the replacement buffer to areas within the same watershed.  Click Here for the amendment language.  Click Here for a summary.
House Bill 1565 has been opposed by the Chesapeake Bay Foundation-PA, PA Environmental Council, Western Pennsylvania Conservancy, the PA Chapter of The Nature Conservancy, the Fish and Boat Commission, PA Chapter National Association of Water Companies, Clean Water Action, PA Council of Trout Unlimited, PA Federation of Sportsmen’s Clubs,  PA League of Women Voters, PA Land Trust Association, PA Landscape and Nursery Association and former DEP Secretary David E. Hess.