Friday, November 27, 2015

Nov. 30 PA Environment Digest Now Available

The November 30 PA Environment Digest is now available.  Here are just a few of the headlines--

PA Supreme Court Agrees To Hear Challenge To Use Of Oil & Gas Fund Monies
The Pittsburgh Post-Gazette reported Thursday the PA Supreme Court has agreed to hear an appeal of a January 7 Commonwealth Court decision upholding the right of the General Assembly and the governor to transfer monies from DCNR’s Oil and Gas Fund to the General Fund and the use of those funds for DCNR State Park and State Forest Operations.

DEP Pipeline Infrastructure Task Force Schedules Dec. 16 Meeting
The DEP Pipeline Infrastructure Task Force has scheduled an additional meeting on December 16 to review the 184 recommendations in the draft Task Force Report released on November 9.

Senate Environmental Committee Sets Hearing On Sewage Facilities Act Dec. 8
The Senate Environmental Resources and Energy Committee will hold a hearing on the Sewage Facilities Act (Act 537) on December 8 in Room 8E-B East Wing Capitol Building in Harrisburg starting at 9:30.  Act 537 was originally passed in 1968 to provide for the planning, permitting and design of all types of sewage facilities including onlot septic systems.

CBF Program To Help Farmers Improve Grazing, Water Quality To Expand
An innovative program that helps livestock farmers increase per-animal profits while also reducing agricultural pollution will expand in three states, thanks to a grant from the U.S. Department of Agriculture’s Natural Resources Conservation Service to the Chesapeake Bay Foundation and its partners.

PA Environmental Council Outlines Work On Trails, Greenways
All across the state, the PA Environmental Council is improving and expanding networks of recreational trails.  The Circuit in Philadelphia and the Industrial Heartland Trails Coalition out of Pittsburgh, both with strong PEC leadership and partnerships, are probably the two most exciting trail networks in the country right now. 

PA Land Trust Assn. Seeks Conservation, Government Leadership Award Nominations
The PA Land Trust Association seeks nominations for its Lifetime Conservation Leadership and Government Conservation Leadership Awards. 

To read the Digest, visit: www.PaEnvironmentDigest.com.  Click Here to print the entire Digest.

PA Environment Digest is edited by David E. Hess, former Secretary Pennsylvania Department of Environmental Protection, and is published as a service of Crisci Associates.

PA Environment Digest was the winner of the PA Association of Environmental Educators'  2009 Business Partner of the Year Award.

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State Budget Twists, Turns, Cliffhangers, But No Happy Ending... Yet

This week’s actions surrounding the state budget had as many twists and turns as a holiday blockbuster.
On Monday,  Gov. Tom Wolf told the Pennsylvania Press Club Republicans should do what they agreed to do: pass a budget by Thanksgiving based on the framework agreed to November 10; except they couldn’t because they can’t deliver the votes.
Instead of working on passing the budget framework, Wolf said, Senate Republicans focused on voting a school property tax elimination bill-- Senate Bill 76 (Argall-R-Schuylkill)-- that is not part of the framework and which Wolf said he would veto.
Instead, Wolf said, House Republicans passed a liquor reform bill-- House Bill 1690 (Turzai-R-Allegheny)-- that was identical to the bill he vetoed in July.
One other alternative to passing the budget framework as is, Wolf said, “they can present me with any full year spending plan that can pass by next Friday” and he'll sign it.  [Yes, he said that.] But, he said, he will not sign a stopgap funding bill.
Later Monday night, the audience in the Senate gallery was on the edge of their seats for every vote cast when an effort to eliminate school property taxes through an amendment to House Bill 683 (Rapp-R-Forest) failed in a very rare tie vote-- 24 to 24.   Lt. Gov. Stack (D) had to break the tie by voting no.
Sen. Wayne Fontana (D-Allegheny), a co-sponsor of Senate Bill 76, was not present to vote because he apparently had to attend a previously scheduled fundraiser in Pittsburgh.  
One Senate seat was vacant until the swearing in of Sen.-Elect Guy Reschenthaler (R-Allegheny)... Tuesday.
Were the two Senate absences deliberate?  It remains a mystery.
On Tuesday evening, after more fruitless budget discussions, Senate Republicans threatened to try an override of Gov. Wolf’s veto of the stopgap budget Republicans passed in September.  
Less than an hour after the threat was issued, and a meeting held between Senate and House Leaders and Gov. Wolf, the threat was rescinded with the announcement budget talks have resumed.
At the same time, Republicans said the effort to use a Sales Tax increase to fund $1.4 billion in additional school property tax relief as agreed to in the budget framework was dropped because many of their own members and Democrats would not vote for it.  
Somehow, they said, they would look for other revenue sources.  And that’s where matters came to an uncomfortable rest before the holiday.  
Wednesday, Gov. Wolf took time to tweet his family’s recipe for Thanksgiving stuffing.  A hidden message there?  Another mystery.
Meanwhile, counties struggling to deal with the lack of state funding said they would begin to withhold millions in fees and other monies they collect and pass on to the state, if the budget impasse continues.  Other counties threatened to sue the state to release the funding they are owed.
The House, nose to the grindstone, added voting days to the schedule, including through Saturday of next week (which will never happen) to show they are working hard.  They also added December 10, 11 and 12 (another Thursday, Friday and Saturday that won’t happen) to their schedule.
Unless, of course, they have something to vote on.
Many House Republicans also announced they would forgo the food, fun and shopping of New York City by not attending the Pennsylvania Society dinner the weekend of December 12 if there was no budget.  Since this year’s awardee is former Gov. Ed Rendell (D), it probably didn’t take much convincing for them to make that decision.
Then again, Donald Trump was just announced as the headline speaker at the marquee December 11 Commonwealth Club luncheon, a pre-PA Society dinner event.  A photo with Trump and admission to the VIP section only costs $2,500 per.
The Senate added December 2 as a voting day, but apparently unrelated to budget issues.  Presumably, they will continue the process of removing indicted Attorney General Kathleen Kane now that its Special Committee on Senate Address Wednesday said it had enough information to proceed to take a vote.
The Senate did take time from its busy schedule to delve into foreign policy by adopting, largely along party lines, a resolution-- Senate Resolution 248 (Rafferty-R-Montgomery) on blocking Syrian refugees-- sponsored by a declared Republican candidate for Attorney General.
Otherwise, the Senate is scheduled to return to session December 7-- Pearl Harbor Day.
Speaking of spending money, Saturday’s PA Bulletin also brought the official news that House and Senate members would not be getting a cost of living raise for their efforts next year.
There are now only 65 days to Gov. Wolf’s second budget address-- February 2-- Groundhog Day.
Are we likely to see a replay of the, as yet, unfinished budget process from this year?  There are hints.
Gov. Wolf has already said he is bringing back a natural gas severance tax in his new budget proposal next year to fund something [most likely a Growing Greener III environmental restoration program] even though it did not have significant bipartisan support [sic] last time around.
What will the next plot twist be?  How will our heroes resolve the crisis?
Tune in next week….

Fish Commission Opens Comment Period On Draft Trout Management Plan

The Fish and Boat Commission announced Friday it has opened a public comment period for individuals to submit comments on the agency’s draft 2016-17 Trout Management Plan.
“The goal of the strategic plan is to ensure that adequate protection is afforded to wild trout resources and that fisheries provided through the management of wild trout and the stocking of adult and fingerling trout will continue to provide excellent angling opportunities in Pennsylvania,” said Jason Detar, Chief of the Division of Fisheries Management.
“The plan includes input provided by a work group that consisted of commission staff, anglers affiliated with a variety of sportsmen’s organizations, and independent anglers not affiliated with a sportsmen’s organization,” he added.
As part of the plan, 22 priority issues have been identified encompassing four primary resource categories, which include: management of wild trout streams, management of stocked trout streams, management of stocked trout lakes, and trout management in Lake Erie.
Public comments will be accepted through December 31. Comments may be submitted online. Written comments may be submitted to Mackenzie Ridgway, PFBC, 450 Robinson Lane, Bellefonte, PA 16823.
For more information, visit the Fish & Boat Commission’s Trout Management Plan webpage.

DEP Air Quality Committee To Discuss Repeal Of Low-RVP Gasoline In Pittsburgh

At its December 10 meeting, DEP’s Air Quality Technical Advisory Committee is scheduled to consider the repeal of the low-RVP (Reid Vapor Pressure) gasoline requirement that applied to only the seven county Pittsburgh Region.
The counties include: Allegheny, Armstrong, Beaver, Butler, Fayette, Washington and Westmoreland.
Act 50 of 2014 directed DEP to start the process of repealing the requirement, but only if offsetting air emissions reductions could be found.
In a presentation scheduled for the Committee, DEP said it would offset any emission reductions lost by the repeal of the requirement by taking credit for regulations already on the books, but for which DEP has not yet taken any credit in the State Air Quality Implementation Plan.
DEP conducted a technical analysis to determine the contribution the low-RVP gasoline requirements makes to reduced volatile organic compound emissions and found the difference between low-RVP 7.8 gasoline and the 8.7 RVP gasoline required in other parts of the state was only 0.126 tons per day in 2017 (25.2 pounds).
The low-RVP gasoline requirement routinely caused gasoline to be at least 10 to 15 cents per gallon more expensive in the Pittsburgh region than in nearby states and counties.
For more information and copies of the proposed regulation and presentation, visit DEP’s Air Quality Technical Advisory Committee webpage.

Bradford Commissioners Set Dec. 2 Forum On Proposed Chesapeake Royalty Settlement

The Bradford County Commissioners have scheduled a public forum for December 2 to provide a platform for discussion of the proposed class action royalty settlement with Chesapeake Energy.
The Forum will be held at the Towanda High School Auditorium in Towanda starting at 7:00 p.m.  Click Here for more information provided by the Connection for Oil, Gas & Environment in the Northern Tier.

Electric Power Research Institute Briefing On EPA Clean Power Climate Plan Dec. 17

The Public Utility Commission is hosting a briefing on the EPA Clean Power Climate Plan by the Electric Power Research Institute, a nonprofit group, on December 17 starting at 1:00 in Hearing Room 1 of the Keystone Building in Harrisburg. (formal notice)
The Institute has published a variety of background papers on issues related to reducing carbon emissions from power plants, including most recently looking at whether coal-fired power plants can meet new emission limits without carbon capture and storage.

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Thursday, November 26, 2015

PA Supreme Court Agrees To Hear Challenge To Use Of Oil & Gas Fund Monies

The Pittsburgh Post-Gazette reported Thursday the PA Supreme Court has agreed to hear an appeal of a January 7 Commonwealth Court decision upholding the right of the General Assembly and the governor to transfer monies from DCNR’s Oil and Gas Fund to the General Fund and the use of those funds for DCNR State Park and State Forest Operations.
PA Environmental Defense Foundation filed the original lawsuit against Gov. Rendell for his leasing of nearly 137,000 acres of State Forest land for Marcellus Shale natural gas drilling and then transferring $383 million of the proceeds from the Oil and Gas Fund to the General Fund to balance the state budget.
Gov. Rendell also used Oil and Gas Fund revenue to fund administrative and personnel costs of State Parks and State Forest Operations.  The practice continued during the Corbett Administration.
This year, Gov. Wolf’s original budget proposed to provide an additional $17.1 million in General Fund monies to DCNR to begin the process of weaning the agency off the Oil and Gas Fund.
PEDF based its lawsuit, in part, on Pennsylvania’s Environmental Rights Amendment to the state Constitution.
With the makeup of the PA Supreme Court now dramatically changed as a result of the November 3 election, it will be interesting to see how the Court decides this issue.
The PA Supreme Court’s 2013 decision overturning portions of the Act 13 drilling law was based, again in part, on the Environmental Rights Amendment.  The new court, with new members, may be more sympathetic to that argument.
NewsClip:
PA Supreme Court To Hear Appeal Of Oil & Gas Fund Money Transfers

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