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Wednesday, December 30, 2015

Gov. Wolf Vetoes $6.864B From Republican Budget Bill, GOP In No Hurry To Come Back

Gov. Tom Wolf Tuesday announced he would line-item veto $6.864 billion of the $30.263 billion House Republican budget in House Bill 1460 (Adolph-R-Delaware) -- allowing six months of school district, other state and all federal funding to be available.
What remains is a $23.399 million General Fund spending authorization.
Wolf said the Senate and House left town before their work was done and called the Republican budget an “exercise in stupidity” that shortchanged schools, did not balance and did nothing to address the structural deficit.
He called on the General Assembly to return to Harrisburg to finish its work.
Neither the Senate or House have plans to come back to Harrisburg on a date certain. The General Assembly will be in Harrisburg January 5 for the ceremonial beginning of the 2016 session.
          There are now 34 days until Gov. Wolf's second budget address on February 2, ironically, Groundhog Day.
Items Vetoed
The Governor’s Budget Office released a list of General Fund line-items vetoed by the Governor.  They include--
-- DEP - $900,000 for Sewage Facilities Planning Grants
-- DCNR- $2.2 million for Heritage Parks
           Click Here for a list of items vetoed, changed (in yellow).  [Click Here for a copy in another format.]
Gov. Wolf’s Remarks
“I’m vetoing the Republican plan to cut $95 million from education, and I’m also vetoing other items that they don’t pay for,” said Gov. Wolf. “I’m calling on our legislators to get back to Harrisburg – back to the work they left unfinished last week. At the same time, I’m allowing emergency funding for our schools to get out. I’m also letting funding go out to our human service agencies and to our counties. But this is on an emergency basis only.”
“In doing this, I’m expressing the outrage that all of us should feel about the garbage the Republican legislative leaders have tried to dump on us. This budget is wrong for Pennsylvania. And our legislators – the folks we elected to serve us – need to own up to this. They need to do their jobs. This budget is wrong for so many reasons, but especially because it does not balance, increases our deficit and fails to invest in our schools and our future.”
Gov. Wolf vetoed parts of the budget because Republicans did not pay for their spending and to ensure a more responsible budget, but he is taking action to ensure that schools receive money owed to them through December 31.
Gov. Wolf limited emergency funding to a half-year appropriation (based on the agreed-to bipartisan budget) for basic education funding, state corrections institutions and medical assistance capitation.
As Gov. Wolf said for months, Pennsylvania is facing a massive structural budget deficit as a result of years of Republican budgets that were out of balance. This multi-billion dollar deficit cannot simply be wished away. The Republican budget is not balanced and will grow the Commonwealth’s multi-billion dollar deficit.
This budget spends $30.3 billion dollars without sufficient revenues to pay for it. Assuming that we would certify the current year revenue estimate at the amount recommended by the Independent Fiscal Office earlier this month, if the governor signed this bill, the Commonwealth would end the year over a half a billion dollars out of balance with a structural deficit of over $2.3 billion.
While Republicans may claim that they have finished the job, they have not. They have not paid for the budget they passed, which would further increase our deficit that stood at $2.3 billion earlier this year.
In total, the governor released more than $23.3 billion in funding.
Further, the governor rejected the legislature’s desired increases for their own funding and instead reverted their appropriations to flat funding from the previous year. Community colleges, state system institutions and other higher education lines are also limited to flat-funding from the previous year.
The legislature left for vacation without passing appropriations bills for state-related universities, Penn State, University of Pittsburgh, Lincoln University, Temple University, and the Penn School of Veterinary Science, and other “non-preferred” institutions.
The Republican budget underfunds education and uses gimmicks that will actually lead to a $95 million cut in funding for our schools, Gov. Wolf said. Republicans continue to refuse to adequately fund Pre-K through 12 education and their budget fails to fund $305 million in school construction reimbursements. Instead, they claim to pay for school construction by issuing billions in new debt.
However, since the Republican budget fails to take any meaningful steps to fix Pennsylvania’s structural budget deficit – which has already led to five credit downgrades – the Commonwealth will be unable to responsibly issue any debt to cover school construction reimbursements this year and likely into the future, Gov. Wolf added.
The Republican’s failure to provide school construction funding to local school districts and the Commonwealth’s inability to responsibly issue debt will lead to a direct cost to the school districts, which will wipe out any marginal funding increases for local school districts. This means that their budget is an effective $95 million cut to school districts after years of cuts under previous Republican budgets, Gov. Wolf continued.
The Republican budget continues the trend of not only underfunding our schools but also fiscal irresponsibility that have led to massive structural deficits and multiple credit downgrades. Now, those decisions will have a direct impact on our ability to pay our bills and issue debt.
Click Here for a copy of Gov. Wolf’s complete remarks.
Senate Republicans Comment
Senate Majority Leader Jake Corman (R-Centre) said in a telephone press conference Tuesday Gov. Wolf’s line-item veto was expected and his action relieved a lot of pressure on schools.   He said he was glad the Senate’s plan to get a budget to the Governor to relieve that  pressure worked.
He said Senate Republicans are prepared to work with the House and the Governor to finalize a budget.  He expressed disappointment in the Governor for his derogatory comments about the Legislature, but at the same time he noted the Governor approved 90 percent of the line-items in the budget.
Sen. Corman reiterated at one point in the call that pension reform was still an important part of these budget discussions, but did not mention liquor reform.  Later he said further changes to the pension bill, as passed by the Senate, would not be something he can support.  “We’ve compromised enough on that plan.”
On releasing a proposed tax package, Sen. Corman said there are five parties involved in shaping a tax package, and no plan has been finalized.  He added there is also no ultimate spend number to work against.
He did shoot back on the Governor’s assertion the Republican budget bill cut education funding by $95 million saying if you want to get into it, “the Governor by his action today cut $3 billion in education funding,” but we should get passed issues like that.
On coming back to Harrisburg, Sen. Corman said most of the budget-related bills are in the House, including funding for Penn State (in Sen. Corman’s district), but he said his leadership is available 24/7 to come to Harrisburg for further discussions when they are held.
The Senate remains on a 6-hour call.
Click Here to listen to the press conference.
Senate President Pro Tempore Joe Scarnati (R-Jefferson), Senate Majority Leader Jake Corman (R-Centre), Senate Appropriations Committee Majority Chair Pat Browne (R-Lehigh) and Senate Majority Whip John Gordner (R-Columbia) released the following statement:
“We support the governor’s long-overdue decision to release emergency funding approved by the legislature to help schools and social service agencies.   This is something we have been advocating for over many months and is exactly why we sent him a budget last week – to release money that has been collected and is being held by the state to schools and communities.
“We are glad that the governor has acknowledged that his actions of full vetoes in the past have meant kids and community organizations have been held hostage by his refusal to release funding and that approach is no longer defensible. He could have used this line item veto months ago and avoided this crisis situation.
“This action essentially resets the clock – giving us time to work toward a fiscally responsible spending plan without jeopardizing core government services.
“We have significant differences with this governor and his calls for increased taxes and spending, and we need to sit down and work through them.  We have been negotiating in good faith with him, which is why we are disappointed that he used words like ‘garbage’ and ‘exercise in stupidity’ in his statement.  This kind of name-calling and blaming is not necessary or productive as we work toward compromise.
“Now the Governor must demonstrate leadership to get a complete budget passed. The Senate has approved three budget proposals already, and because of his latest line-item vetoes will need to produce a fourth. It’s long past time for the Administration to embrace and work toward the compromise needed to enact a fiscally responsible state budget. We remain committed to achieving that goal.”
House Republican Reaction
Speaker of the House Mike Turzai (R-Allegheny) and House Majority Leader Dave Reed (R-Indiana) issued the following statement:
“Today, Gov. Tom Wolf did what he could have and should have done more than 180 days ago –drive out appropriated dollars to help children and victims throughout Pennsylvania.
“At some point, people have to wonder… how does the governor consider a $30.3 billion budget that increases education funding by more than $400 million without relying on a sales or income tax increase ‘garbage,’ but continues to back a broken $30.8 billion framework budget that increases sales or income taxes without pension reform, property tax relief or real steps to bring our liquor system into the 21st century?
“The reality is that over the last month, the original budget ‘framework’ has fallen apart for a host of reasons – the most significant being the lack of agreement on how to fund it. Certainly, there is a recognition that new revenues will be needed to help fund our state’s priorities, but that recognition must also be respectful of the taxpayers.
“Until today, the governor has fully vetoed every spending plan the Legislature has sent to him since June. While it is important needed funds are finally being released to schools and human service providers, a full spending plan is necessary.
“We understand that compromise is a two-way street, but it needs to be based in reality. It is time to reset the chess pieces and work together to move this state forward and bring about a long-term budget solution. We will continue conversations with the governor and Senate – Republican and Democrat – to come to a reality-based budget solution.”
Speaker Turzai later said House Republicans had no plans to return to Harrisburg on a date certain, but starting January 4 the House would be on a 6-hour call.
House Democrats React
House Democratic Leader Frank Dermody (D-Allegheny) said this about Gov. Wolf’s line-item veto—
“Gov. Wolf has again proved himself to be the strong leader that Pennsylvania needs. He understands the pain that a six-month impasse brought to thousands of people. By signing this bill into law, the governor is working to ensure that emergency funding can flow to schools, counties and human services.
“With the governor’s use of constitutional line-item veto authority to substantially scale back many appropriation lines, the legislature will have to get back to work on an honest budget for a full year, a budget that actually balances.
“I applaud the governor for insisting that work continue on the kind of budget that House Democrats have supported all along. There’s now a chance for all sides to step away from the endless argument of the last six months and look for better ways to finish the work we were sent to do.
“Today’s delivery of partial state funding is significant and welcome, but we still have important work ahead.”
Senate Democrats Comment
Senate Democrats provided the following reaction to Gov. Tom Wolf’s line-item veto of a Republican budget plan.
“The governor’s action today will hopefully force House Republican lawmakers back to Harrisburg to finish work on a responsible spending plan.  Legislators need to return to business and work toward the passage of the $30.8 billion budget framework agreement,” said Senate Minority Leader Jay Costa (D-Allegheny)
“The House Republican budget was $500 million out of balance.  It does not address the $1.3 billion structural deficit that has hobbled state government and simply continued Corbett-type budgeting for another year. After the House Republicans walked away from a responsible budget plan last week, the governor had few options.
“The governor’s release of six-months of emergency funding for schools and human service programs pushes money to schools and programs that are confronted by serious financial challenges.”
Senate Minority Appropriations Chair Sen. Vincent J. Hughes (D-Philadelphia) said, “The purposeful decision of House Republicans to repeatedly stonewall the agreed-to framework budget has left Pennsylvania’s school system on the brink of collapse, so I applaud the governor’s decision to approve emergency funding for school districts throughout the commonwealth.
“Our schools have gone above the call of duty to keep their doors open. They cannot continue to do that, nor should we allow that to happen.
“Pennsylvania’s financial situation remains an urgent one despite the governor’s action today. Members of the House GOP need to get back to Harrisburg as quickly as they left and approve the agreed-to framework 2015-2016 budget because this is short-term help. Schools will close if the leadership in this lone caucus continues its bad behavior.”
Senate Minority Whip Sen. Anthony Williams (D-Philadelphia) added, “The organizations that operate in the shadows of Pennsylvania life are closing their doors because of House Republicans are willfully and callously ignoring their plight.
“Our human service agencies needed a relief valve from the unfair financial burden being placed on them by one of the four legislative caucuses, and Gov. Wolf rightly gave it to them.”
NewsClips:
Editorial: Unbalanced, Unacceptable Budget

Tuesday, February 4, 2020

Budget Background: Where Did The $2.93 Billion In Environmental Funding The General Assembly Diverted Or Cut Go?

Over the last 17 years, General Fund support for DEP environmental programs has been cut by more than 40 percent, and the agency’s staff reduced by nearly 30 percent.
With the FY 2019-20 budget, General Fund support for DEP is now $30.5 million BELOW where it was in 1994-95-- $165.6 million.  Now it’s $135.1 million in FY 2019-20.
If the General Fund appropriation from 1994-95 had just kept up with inflation with no other increase, the appropriation to DEP would now be $285.67 million.  
DEP has had to replace some of those General Fund dollars by increasing fees charged on permit reviews and obviously cutting positions and other costs.  
In December of 2018, the Environmental Quality Board took action to raise DEP permit fees by $22 million in that one meeting alone.
Since then, another $23 million in DEP permit fee increases have been finalized or proposed.
Although the permit fee increases were a necessary reaction to General Fund budget cuts, some legislators have urged the Independent Regulatory Review Commission to disapprove permit review fee increases that make up the difference.
This squeezes DEP at both ends of the funding spectrum and guarantees permit review times will continue to falter.  Click Here for more on opposition to water permit fee increases.  Click Here for more on air permit fee increases.
There was a new authorization for the Governor to transfer $45 million to DEP and DCNR included in the FY 2019-20 state budget, and Gov. Wolf proposed in his FY 2020-21 budget to undo some of the cuts made in the FY 2019-20 budget.  Click Here for more.
The FY 2019-20 budget did contain some other increases here and there for project funding, but it was nickel and dime stuff and was not even close to what is needed to meet the Commonwealth’s legal obligations.  Click Here for more.
But even these actions come nowhere near replacing what has been taken (see below).
With the FY 2019-20 budget, less than 20 percent of DEP’s funding comes from the General Fund, 30 percent from the federal government and 50 percent from permits fees and some fine money.
In 1998, one-third of DEP’s budget came from the state General Fund, one-third from the federal government and one-third from permit fees, fines and penalties, a balanced partnership.
Fails To Meet Minimum Federal Standards
Over the past several years federal agencies have issued warnings to DEP that it doesn’t have the resources to meet minimum federal standards to administer certain federal programs like Safe Drinking Water, Air Quality, Surface Mining, Stormwater, Chesapeake Bay Watershed cleanup obligations and others.
In addition, the Trump Administration has threatened to cut funding to states for administering many of these same programs.
The FY 2018-19 budget did provide additional funding to add 35 new staff in some critical areas at DEP, but General Fund budget cuts still have several programs DEP administers for the federal government not meet minimum federal standards.
$2.93 Billion Transferred/Cut
Since 2003, over $2.93 billion in environmental funding was taken away from community-based environmental, recreation and restoration projects and environmental program funding by the General Assembly and various Governors and used to balance the state budget or for other purposes.
It’s important to note, the direction of funding to support local environmental projects and programs had been on a steady upward curve, with a few bumps, prior to the last 17 years.
The one notable positive addition to the ledger is the Act 13 drilling impact fee which has generated a total of $1.95 billion since it was established in 2012.
However, most of the 60 percent of the revenue from the impact fee given to county and local governments where most went to non-environmental purposes.  And, fee income depends on the number of wells drills producing and the price of natural gas.
Just some of the largest cuts or diversions include--
--  $1.17 billion diverted from DCNR’s Oil and Gas Lease Fund generated from upfront payments and royalties from leasing Shale gas drilling rights on State Forest lands and used balance the budget or to pay DCNR’s operating expenses through FY 2019-20;
-- $895 million (so far) from the elimination of the Act 339 wastewater treatment plant operations grants ($52 million a year);
-- $185.7 million from the Environmental Stewardship (Growing Greener) Fund to pay debt service on the Growing Greener 2 bond, and payments continue until 2031;
-- $100 million from the Underground Storage Tank Indemnification Fund to balance the budget, although this was supposed to be repaid and some of it actually was;
-- $69.7 million total transfer from the Keystone Recreation, Parks & Conservation Fund in 2 separate years to balance the budget;
-- $73.6 million total from the Marcellus Legacy Fund transferred to the Hazardous Sites Cleanup Fund over several years because the funding source for HSCA dried up;
-- $30.4 million from Attorney General Settlement from Volkswagen for vehicle testing violations transferred to balance the budget;
-- $20 million from State Forest Timber sales to balance the budget; and
-- $29 million total transferred from the Recycling Fund over 3 different years to balance the budget.
Itemized List Of Cuts/Diversions
Here's an itemized list of $2.935 billion (or so) in cuts and diversions of environmental funding over the last 17 years--
-- $895  million in Act 339 grants intended to support wastewater plant operations over the last 16 years were eliminated to balance the budget ($52 million or so each year);
-- $143 million diverted from the DCNR Oil and Gas Fund to balance the FY 2008-09 budget;
-- $79 million cut from the DEP and DCNR General Fund budget during FY 2009-10;
-- $60 million diverted from the DCNR Oil and Gas Fund to balance the FY 2009-10 budget;
-- $100 million in 2002 from the Underground Storage Tank cleanup insurance fund to balance the budget (although this was supposed to be repaid over 10 years);
-- $52.7 million “one-time” diversion from the Keystone Recreation, Parks and Conservation Fund in 2006 to balance the budget;
-- $50 million in 2007 and 2008 from the Environmental Stewardship Fund, which supports mine reclamation and watershed restoration, to fund the Hazardous Sites Cleanup Program because there was no agreement on how to fund that program;
-- $185.7 million in FY 2007-08, 2008-09, 2009-10, 2010-11, 2011-12, 2012-13, 2013-14, 2014-15, 2015-16, 2016-17, 2017-18, 2018-19 (thru 2031) from the Environmental Stewardship Fund to pay debt service on the Growing Greener II bond issue and taking funding away from restoration projects each year for the next 25 years – reflecting a pattern of only environmental programs being required to address their own bond debt service;
-- $15 million “one-time” transfer from the Recycling Fund to the General Fund to balance the FY 2008-09 budget;
-- $18.4 million put into budgetary reserve in 2008-09 from the Department of Environmental Protection and Department of Conservation and Natural Resources;
-- $5 million reduction in Resource Enhancement and Protection (REAP) farm conservation tax credit program in FY 2009-10;
-- $102.8 million cut from the DEP and DCNR General Fund budget in FY 2010-11 budget;
-- $180 million diverted from the DCNR Oil and Gas Fund to General Fund in proposed FY 2010-11 budget;
-- $5.5 million reduction in Resource Enhancement and Protection (REAP) farm conservation tax credits in FY 2010-11;
-- $5 million in additional cuts to the agencies to balance the FY 2010-11 budget;
-- $3.9 million in across-the-board cuts to help fill gaps caused by reduced federal Medicaid appropriations-- $2.4 million from DEP, $1.5 million from DCNR;
-- $669,000 from the Safe Water line item in DEP's budget;
-- $102.8 million cut continued from the FY 2010-11 DEP and DCNR General Fund budget in FY 2011-12 budget;
-- $8.3 million mid-year budget freeze cuts additional resources for environmental programs: Agriculture: $2.6 million; DCNR: $1.5 million; and DEP: $4.2 million;
-- FY 2012-13 budget eliminates $11.8 million in General Fund monies from DEP, and $2.5 million from DCNR;
-- FY 2012-13 budget continues the $102.8 million cut in FY 2010-11;
-- FY 2012-13 budget for the State System of Higher Education zeroes out funding again for the PA Center for Environmental Education ($368,000) and McKeever Environmental Center ($213,000);
-- FY 2013-14 budget continues the $102.8 million cut in FY 2010-11;
-- FY 2013-14 budget for the State System of Higher Education zeroes out funding again for the PA Center for Environmental Education ($368,000) and McKeever Environmental Center ($213,000);
-- FY 2013-14 budget diverts $106.5 million from the Oil and Gas Fund to support DCNR  operations;
-- FY 2014-15 budget diverts $73 million from the Oil and Gas Fund to support DCNR  operations. 
-- FY 2014-15 budget diverts another $95 million in royalties and payments from the Oil and Gas Fund to balance the state budget;
-- FY 2014-15 budget diverts $20 million from State Forest Timber operations to balance the state budget;
-- FY 2014-15 budget diverts $6.2 million from the Alternative Fuels Incentive Grant Fund to balance the state budget;
-- FY 2014-15 budget continues the $102.8 million cut beginning in FY 2010-11;
-- FY 2014-15 budget for the State System of Higher Education zeroes out funding again for the PA Center for Environmental Education ($368,000) and McKeever Environmental Center ($213,000);
-- FY 2014-15 budget cuts $500,000 for Delaware River Basin Commission;
-- FY 2015-16 transfer of $31.9 million to pay for DCNR operations from Oil and Gas Lease Fund;
-- FY 2015-16 budget cuts $15 million coming from Environmental Stewardship Fund for watershed restoration projects;
-- FY 2015-16 budget cuts $900,000 for Sewage Facilities Grants;
-- FY 2015-16 budget continues the $102.8 million cut in FY 2010-11;
-- FY 2015-16 budget for the State System of Higher Education zeroes out funding again for the PA Center for Environmental Education ($368,000) and McKeever Environmental Center ($213,000);
-- FY 2016-17 budget cuts $35 million coming from Environmental Stewardship Fund for watershed restoration projects;
-- FY 2016-17 budget for the State System of Higher Education zeroes out funding again for the PA Center for Environmental Education ($368,000) and McKeever Environmental Center ($213,000);
-- FY 2017-18 budget transfers $9 million from Recycling Fund to General Fund
-- FY 2017-18 budget transfers $5 million from Alternative Fuels Incentive Fund to General Fund
-- FY 2017-18 budget cuts transfer from Marcellus Legacy Fund to Hazardous Sites Cleanup Fund by $5 million;
-- FY 2017-18 budget transfers $12 million from CBF High Performance Green Buildings Program to new CFA Natural Gas Infrastructure Program;
-- FY 2017-18 Governor puts $1.125 million from DCNR in budgetary reserve;
-- FY 2017-18 transfers $30.4 million from Attorney General settlement from Volkswagen to General Fund;
-- FY 2017-18 transfers $20 million from DCNR Oil and Gas Lease Fund to Marcellus Shale Legacy Fund for distribution to the Environmental Stewardship Fund;
--FY 2017-18 transfers $15 million from Marcellus Shale Legacy Fund to Hazardous Sites Cleanup fund;
-- FY 2017-18 appropriations for Susquehanna and Delaware River Basin Commissions and Interstate Commission on the Potomac River cut by half - $477,000;
-- FY 2017-18 $10 million transfer from the Keystone Recreation, Parks and Conservation Fund to the General Fund as part of a larger $300 million set of transfers to help balance the state budget;
-- FY 2017-18 budget for the State System of Higher Education zeroes out funding again for the PA Center for Environmental Education ($368,000) and McKeever Environmental Center ($213,000);
-- FY 2017-18 transfer of $61.2 million to pay for DCNR operations from Oil and Gas Lease Fund;
-- FY 2018-19 appropriations for Susquehanna and Delaware River Basin Commissions and Interstate Commission on the Potomac River cut by half - $477,000; and
-- FY 2018-19 transfer of $48.7 million to pay for DCNR operations from Oil and Gas Lease Fund.
-- FY 2019-20 $69.774 million transferred from the Oil and Gas Lease Fund to pay operating expenses for DCNR.
-- FY 2019-20 $16.045 million diverted from the Environmental Stewards (Growing Greener) Fund to pay for DEP administrative costs.
-- FY 2019-20 $10 million diverted from the Recycling Fund to pay for DEP administrative costs.
-- FY 2019-20 $20 million payment from Marcellus Shale Legacy Fund not made to Environmental Stewardship (Growing Greener) Fund.
-- FY 2019-20 transferred several programs formerly funded by the General Fund are now being paid for by the Environmental Stewardship (Growing Greener) Fund: $2.5 million to support county conservation districts; $873,000 in costs for the Delaware and Susquehanna River Basin Commission, Interstate Commission on the Potomac River, Interstate Chesapeake Bay Commission, Ohio River Valley Water Sanitation Commission, Delaware River Master; $2.25 million for  DCNR’s Heritage Parks Program.

(Written by David Hess, former Secretary of DEP.  Send comments to: PaEnviroDigest@gmail.com.)
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[Posted: February 4, 2020]  PA Environment Digest

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