Wednesday, September 24, 2014

Damaging Environmental Bills May Be Headed To Governor In Last 5 Days Of Session

With just five voting days left this session for the House and Senate-- October 6, 7, 8, 14, 15-- the General Assembly is poised to end the year by putting damaging legislation on the Governor’s desk when they return October 6.
Bad Environmental Bills
From the watch list published on September 15 by PA Environment Digest, these are the most likely and most damaging environmental bills to move--
-- Senate: Elimination Of Buffer Requirement: House Bill 1565 (Hahn-R-Northampton) eliminating the current requirement for stream buffers in High Quality and Exceptional Value streams.  The House passed this bill 119 to 79 before adjourning for the week and the Senate Environmental Resources and Energy Committee very likely to take it up when they return.  Click Here for background on the bill.
-- Senate: Legislative Approval Of DEP Climate Plan: House Bill 2354 (Snyder-D-Fayette) which requires Senate and House approval of any plan DEP submits to the U.S. Environmental Protection Agency to reduce greenhouse gas emissions from existing power plants is also likely to be take up in the Senate Environmental Resources and Energy Committee when it returns.  Click Here for background on the bill.
-- Senate: Eliminating Protections For Endangered Species: Senate Bill 1047 (Scarnati-R- Jefferson)  would eliminate some protections for endangered species and set additional requirements for adopting Wild Trout Streams.  The bill is in the Senate Game and Fisheries Committee.  Click Here for background on the bill.
-- House: Eliminating Protections For Endangered Species: House Bill 1576 (Pyle-R-Armstrong) would eliminate some protections for endangered species and set additional requirements for adopting Wild Trout Streams.  The bill was removed from the Table in the House September 16 and is now on the House Calendar for action.  Click Here for background on the bill.
Watch List Bills Moving
These bills from the September 15 watch list saw action in the last two weeks--
-- Aggregate Advisory Board: Senate Bill 1155 (Scarnati-R-Jefferson) creating a Aggregate Advisory Board within DEP was passed by the House this week and is now on the Governor’s desk for his action.  A summary and House Fiscal Note are available.
-- Local Recreation Fees: House Bill 1052 (Freeman-D-Lehigh) further authorizes uses for local recreation fees was passed by the Senate, concurred in by the House and is now on the Governor’s desk for his action.  A summary and House Fiscal Note are available.
-- Impact Of Wind Turbines: House Resolution 925 (Rapp-R-Forest) directing the Joint State Government Commission to study the impact of wind turbines in Pennsylvania, in particular the impact on migratory birds and of forest removal was amended by the House Environmental Resources and Energy Committee to include a comparison with other forms of energy, including natural gas, nuclear, coal and oil and passed by the House.  No further action is needed.
-- Nuclear Reactor Fees: Senate Bill 1355 (Yaw-R-Lycoming) increasing fees paid by nuclear reactors to fund DEP oversight program was amended and reported from the House Environmental Resources and Energy Committee and is now on the House Calendar for action.
Watch These Closely
These other bills-- good and bad-- are worth watching closely--
House
-- Conventional Well Regulation: House Bill 2350 (Causer-R-Cameron) regulating conventional oil and gas wells differently than unconventional, Marcellus Shale wells. The bill remains Tabled in the House A provision similar to this was included in the Fiscal Code bill signed into law in July, but the House still moved this bill Monday.  Click Here for background on the bill.
-- Sewer/Water P2 Partnerships: House Bill 2239 (Evankovich-R-Armstrong) authorizing public-private partnerships for sewer, water, school district projects was reported out of the House Rules Committee Monday and Tabled.
-- Leasing State Lands For Mineral Development: Senate Bill 1443 (White-R-Indiana) amending the Indigenous Mineral Resources Development Act to authorized state agencies (other than DCNR) to release mineral rights whether they owned the surface rights or not is in the House Environmental Resources and Energy Committee.
-- Natural Gas Royalties: House Bill 1684 (Everett-R-Lycoming) which seeks to clarify a minimum royalty payment in state law has been on the House Calendar for action.
-- Natural Gas Royalties: Senate Bill 1236 would expand upon the Oil and Gas Lease Act by allowing royalty interest owners the opportunity to inspect records of natural gas companies to verify proper payments.  In addition, the bill requires all royalty payments be made within 60 days of production unless otherwise stated in the contract.  Any delinquent payments are to be paid with interest.  The bill is in the House Environmental Resources and Energy Committee.
-- Natural Gas Royalties: Senate Bill 1237 would prohibit a gas company from retaliating against any royalty interest owner by terminating their lease agreement or ceasing development on leased property because a royalty interest owner questions the accuracy of current royalty payments.  Companies found to have violated the provisions of this act face civil penalties of up to $1,000 per day. The bill is in the House Environmental Resources and Energy Committee.
-- Natural Gas Royalties: Senate Bill 1238 would require a gas company to record a surrender document in the county Recorder of Deeds office where the oil and gas well is located within 30 days upon expiration, termination, or forfeiture of an oil and gas lease. The surrender document will release the gas company’s interests in the oil and gas. This is similar to what a mortgage company would be required to do after a mortgage was paid in full.  The bill is in the House Environmental Resources and Energy Committee.
-- Variable Electric Rate Contracts: House Bill 2104 (Godshall-R-Montgomery) further providing for consumer protections in variable rate electric supplier contracts is on the House Calendar for action.
-- State Geospatial Coordinating Board: Senate Bill 771 (Gordner-R-Columbia) establishing the State Geospatial Coordinating Board is on the House Calendar for action.
-- North American Oil Reserves: House Resolution 249 (Swanger-R-Lebanon) supporting increased development and delivery of oil from North American oil reserves- sponsor summary-- is on the House Calendar for action.
Senate
-- Drinking Water Well Standards: House Bill 343 (Miller-R-York) setting standards for drinking water wells is in the Senate Environmental Resources and Energy Committee.
-- Conventional Well Regulation: Senate Bill 1378 (Scarnati-R-Jefferson) regulating conventional oil and gas wells differently than unconventional, Marcellus Shale wells, is in the Senate Appropriations Committee. A provision similar to this was included in the Fiscal Code bill signed into law in July, but the House still moved its version of the bill Monday.  Click Here for background on the bill.
-- Nutrient Reduction Watershed Scheme: Senate Bill 994 (Vogel-R-Beaver) would construct an unaffordable scheme to fund one technology that claims to reduce nutrients from manure. The bill was Tabled in the Senate.  Click Here for background on the bill.
-- PA Grade Crude Development Advisory Council: Senate Bill 1310 (Hutchinson-R- Venango) creating the PA Grade Crude Development Advisory Council within DEP is in the Senate Appropriations Committee.
-- Leasing DCNR Land For Alternative Energy Development: Senate Bill 684 (Wozniak-D- Cambria) further providing for the leasing of DCNR lands for wind, solar and other energy projects is in the Senate Appropriations Committee.
-- Nuclear Reactor Fees: House Bill 2264 (Miller-R-York) increasing fees paid by nuclear reactors to fund DEP oversight program is in the Senate Environmental Resources and Energy Committee.  The Senate companion bill-- Senate Bill 1355 (Yaw-R-Lycoming)-- was moved out of the House Environmental Resources and Energy Committee this week and is now on the Senate Calendar for action.
-- Backup Generators: House Bill 1699 (Ross-R-Chester) setting air quality standards for backup generators is in the Senate Environmental Resources and Energy Committee.
-- Green State Buildings: House Bill 34 (Harper-R-Montgomery) setting green building standards for state owned or leased buildings is in the Senate Environmental Resources and Energy Committee.

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