Some GOOD Environmental Bills Now Law, But Others Await Senate & House Action

Since PA Environment Digest published a list of GOOD environmental bills on October 16 waiting for Senate and House action, several have become law, others have seen some action and the rest are still waiting.

The Senate is scheduled to come back to voting session November 13 and has 9 voting days on its calendar until the end of the year.

The House is scheduled to come back on November 20 and has 12 voting days scheduled.

While the bills don’t die at the end of the year, this is a good time to check where they stand.

Bills Now Law

The GOOD bills and other positive environmental proposals that became law in the last few weeks include--

-- Sunset For $2/ton Recycling Fee Eliminated: Part of the Administrative Code bill-- House Bill 118-- that became law included a provision eliminating the sunset date on the $2/ton Recycling Fee assuring financial stability for the state’s local Recycling Program into the future.  Of course, this does not eliminate the threat of a raid on the Recycling Fund next year to balance the budget.  Click Here for more.

-- Natural Gas Gathering Pipelines: Senate Bill 242 sponsored by Sen. Lisa Baker (R-Luzerne) adding unconventional and larger conventional natural gas gathering pipelines to the PA One Call utility safety program is a major win.  Click Here for more.

-- Closing Solar Borders: A provision requiring solar energy credits under the Alternative Energy Portfolio Standards to be purchased within Pennsylvania also became law as part of House Bill 118.  This change should encourage more solar energy in the state and increase the value of solar credits.

-- Wild Resource Conservation Tax Checkoff: This checkoff was permanently reauthorized as part of the Tax Code bill-- House Bill 542-- that became law.  I helps assure funding for DCNR’s Wild Resource Conservation Program.

-- Funding Sewer/Water Laterals: A section of the Fiscal Code bill-- House Bill 674-- that became law allows public municipal authorities to use funds to replace private water and sewer laterals.  This was proposed originally to help the Pittsburgh Water Authority deal with lead service lines.

Bills In The Senate

-- Moved: Lawn Fertilizer Regulation/Education: Senate Bill 792 (Alloway-R-Franklin) regulating the application of fertilizer by homeowners, golf courses and athletic fields was reported out of the Senate Appropriations Committee on October 25 and is now on the Senate Calendar for action.  The bill is sponsored by Sen. Richard Alloway, one of Pennsylvania’s representatives on the Chesapeake Bay Commission.  Click Here for more.

-- Moved: Local Clean Energy Funding: Senate Bill 234 (Blake-D-Lackawanna) authorizing local governments to create energy improvement districts to help fund energy efficiency was amended and reported out of the Senate Community, Economic and Recreational Development Committee on October 24 and is now on the Senate Calendar for action.  Click Here for more.

A companion bill is also in the House Local Government Committee-- House Bill 1722 (Harper-R-Montgomery).  Click Here for more.

-- Hearing: Electronics Waste Recycling Program Reform: On October 30 the Senate Environmental Resources and Energy Committee held a hearing on Senate Bill 800 (Alloway-R- Franklin) which totally revamps the whole electronics waste recycling law and put in its place a new system that he believes will fix many of the problems.  Click Here for more.

The bill remains in the Senate Environmental Resources and Energy Committee.

-- Local Stormwater Fees: In June the House voted overwhelmingly to give communities the ability to fund local stormwater and flood prevention projects by passing 4 bills-- House Bill 913 (Everett-R- Lycoming) providing for the adoption of stormwater fees by incorporated towns, House Bill 914 (Everett-R- Lycoming) providing for the adoption of stormwater fees by boroughs, House Bill 915 (Everett-R-Lycoming) providing for the adoption of stormwater fees by first class townships and House Bill 916 (Everett-R-Lycoming) providing for the adoption of stormwater fees by Cities of the Third Class.  Click Here for more.

The bills are necessary because the House and Senate continue to cut funding for local stormwater and watershed improvement projects.

They are sponsored by Rep. Garth Everett (R-Lycoming) one of Pennsylvania’s members on the interstate Chesapeake Bay Commission.

The bills are in the Senate Local Government Committee.

-- Designating Eastern Hellbender PA’s State Amphibian: A project of the Chesapeake Bay Foundation’s Student Leaders group, Sen. Gene Yaw (R-Lycoming), one of Pennsylvania’s members on the interstate Chesapeake Bay Commission, introduced Senate Bill 658 in May to name the Eastern Hellbender as Pennsylvania’s state amphibian.  Click Here for more.

The bill was reported out of the Senate State Government Committee on June 14, but then was Tabled in the Senate on July 9 and has not moved.

Bills In The House

The House has taken no action on the GOOD environmental bills there--

-- Protect Existing Act 13 Drilling Impact Fee Income: A Commonwealth Court decision in March on the definition of stripper well in Act 13 threatens to reduce revenue from the Act 13 drilling impact fee by another 10 percent ($16 million) a year.  Although the Public Utility Commission is appealing the decision, Rep. Pam Snyder (D-Fayette) introduced House Bill 1283 in April to fix the problem (sponsor summary).  The bill is in the House Environmental Resources and Energy Committee.  Click Here for more.

-- Storage Tanks: The Storage Tank Environmental Cleanup and Pollution Prevention Programs in the Storage Tank and Spill Prevention Act expired on June 30, 2017 and with it the ability of DEP to help certain tank owners remove or cleanup the mess left behind by leaking tanks.

Legislation to reauthorize the programs sponsored by Sen. John Yudichak (D-Luzerne), Minority Chair of the Senate Environmental Resources and Energy Committee, was included in House Bill 290 (Metzgar-R-Bedford) and passed by the Senate on July 8, and returned to the House for a concurrence vote and remains in the House Rules Committee.  Click Here for more.

-- Littering Penalties: On July 8 the Senate passed Senate Bill 431 (Scavello-R-Monroe) to significantly increase fines for littering. Currently, fines for littering under Title 18 (Crimes and Offenses) run from $50 to $300 for a first-time offense, and $300 to $1,000 for a second and subsequent offense.  Under Senate Bill 431, fines would be increased up to $2,000 for multiple offenses, based on the size and weight of litter.  Click Here for more.

The bill is in the House Transportation Committee.

-- Game, Fish Commission Fees: Legislation passed the Senate in March giving the Game and Fish and Boat Commissions the ability to set their own fees by regulation is now stalled in the House Game and Fisheries Committee.  

Senate Bill 30 (Eichelberger-R-Blair) authorizing the Fish and Boat Commission to adopt its own fees saw no action on the bill in Committee.  Senate Bill 192 (Stefano-R-Fayette) authorizing the Game Commission to adopt its own fees was Tabled in the Committee.  Click Here for more.

-- Local Clean Energy Funding: House Bill 1722 (Harper-R-Montgomery) would authorize local governments to create energy improvement districts to help fund energy efficiency, renewable energy and water conservation projects by commercial and industrial buildings to reduce their operating costs is pending in the House Local Government Committee (sponsor summary).  Thirty-three other states have adopted similar PACE Programs. 
A companion bill is in the Senate Community, Economic and Recreational Development Committee-- Senate Bill 234 (Blake-D-Lackawanna)-- was reported out of Committee on October 24 and is now on the Senate Calendar for action.  Click Here for more.

(Photo: Eastern hellbender.)