Pa Environment Digest Dec. 14, 2015

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PA Environment Digest

An Update On Environmental Issues In PAEdited By: David E. Hess, Crisci Associates

Winner 2009 PAEE Business Partner Of The Year Award

Issue #598 Harrisburg, Pa December 14, 2015

Advice from Melvin on the current budget/Kane/Eakin/Trump controversies in PA: “Sell crazy

someplace else. We're all stocked up here!”

Budget Bills Kill Drilling Regs, Cut Growing Greener Funding, Delay Climate Plan

The Senate amended and passed a series of bills in the supposedlyagreed-to budget package Wednesday night and Thursday, one of

which would kill the conventional drilling regulations and force DEP

to start the process over, reduce Growing Greener watershed

restoration and related funding by $15 million next fiscal year and

expands the time the General Assembly has to review any plan DEP

develops to meet EPA’s Clean Power Climate Rule under Act 175 of

2014.

To quote Senate Majority Leader Jake Corman (R-Centre),

“The Senate has done its job. We’re waiting on the House. We’ve

sent them a complete list of bills. Let’s see where they go.”

Senate President Pro Tempore Joe Scarnati (R-Jefferson) said Wednesday night the budget is “a House drill now” because all the major budget bills are in the House.

He said he understands the House has to go through a process, but he said he hopes some

“sane people” come to the table and realize we’ve got to get a budget done. He’s hoping for

Christmas.

Gov. Wolf issued a sharply worded statement Friday critical of House Republicans for

holding up resolution of the budget impasse: “It is December 11th, more than 5 months after the

deadline for passing a budget, and the House Republicans, controlled by extreme right-wing

members that kowtow to special interests, continue to block a bipartisan, responsible budget

from passing.

“After the actions of several tea party members of the caucus, led by Speaker Turzai, it is

now clear that this impasse is on the House Republicans.“The very people holding up this budget, House Republicans, took today off, many of

them traveling to New York City, for the glitz and glamour of PA Society weekend. This is

unconscionable.

“That the House Republicans saw fit to take today off after blowing up the 5-party budget

agreement for the second time is disgraceful,” said Gov. Wolf. “Right now, House Republicans

are controlled by the tea party and special interests that want to protect that status quo that has

resulted in underfunded schools and caused 5 downgrades. They are the biggest impediment to

http://plsreporter.com/Home/TabId/56/artmid/472/articleid/1054/Scarnati-on-budget-process-%E2%80%9CThis-is-a-House-drill-now%E2%80%9D.aspx#.VmjaUP6tle8.twitterhttp://www.dep.pa.gov/Business/Air/BAQ/ClimateChange/Pages/default.aspxhttp://www.dep.pa.gov/Business/Energy/OilandGasPrograms/OilandGasMgmt/Public-Resources/Pages/Oil-and-Gas-Surface-Regulations.aspxhttp://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=11953http://plsreporter.com/Home/TabId/56/artmid/472/articleid/1054/Scarnati-on-budget-process-%E2%80%9CThis-is-a-House-drill-now%E2%80%9D.aspx#.VmjaUP6tle8.twitterhttp://blog.pennlive.com/capitol-notebook/2015/12/the_senate_has_done_its_job_co.htmlhttp://www.dep.pa.gov/Business/Air/BAQ/ClimateChange/Pages/default.aspxhttp://www.dep.pa.gov/Business/Energy/OilandGasPrograms/OilandGasMgmt/Public-Resources/Pages/Oil-and-Gas-Surface-Regulations.aspxhttp://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=11953


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passing a budget.”

At a press availability Friday in Harrisburg, House Speaker Mike Turzai (R-Allegheny)

said , “There are open issues in each and every area” of the budget package sent to the House by

the Senate. He noted specifically the liquor reform bill would not pass in its current form and the

Education Code bill needed the most work.

4 Of 5 Agree?Senate Republican leaders say the bills they passed were agreed-to by three of the four

legislative caucuses and Gov. Wolf said he would sign them, with the House Republicans being

the hold outs.

But, some cracks can be seen in the supposedly agreed-to budget bill package.

PennLive.com reported late Thursday Gov. Wolf opposes loading up the Fiscal Code bill

(critical to implementing a budget) to gut oil and gas regulations or slow implementation of the

EPA Clean Power Climate Plan, according to his spokesperson Jeff Sheridan.

"The governor is committed to the Clean Power Plan, which is an important opportunity

to reduce emissions and combat climate change, and ensuring proper oversight of the oil and gas

industry with the Chapter 78 process," he added.

A veto of the Fiscal Code is a “possibility,” according to the Governor's Office.And then, of course, more changes are an almost certainty as a result of negotiations with

House Republicans.

And by the way, the Independent Fiscal Office Wednesday released its long-term

economic and budget outlook for FY 2015-16 through FY 2020-21 saying the state faces a

deficit of over $3.5 billion over the next two fiscal years under current laws and policies.

This year’s state budget process, with all its moving parts, is like trying to get all the

colors to line up on a very high stakes Rubic’s Cube. (Credit to House Majority Leader David

Reed (R-Indiana) for that analogy.)

But at least there is movement after almost 6 months of budget impasse. That’s good,

right?

The Senate will return to voting December 14 (maybe) for one day only so far. The

House is scheduled to be in voting session December 13, 14, 15, 16 (they canceled December

12).

Stay tuned...

Where We Stand

In significant bipartisan votes, the Senate passed the Fiscal Code bill-- House Bill 1327 --

48 to 1; the Administrative Code bill-- House Bill 941-- 48 to 2; Liquor privatization- House Bill

1690

-- 29 to 21; pension reform -- Senate Bill 1082

(Browne-R-Lehigh)-- 38 to 12; Welfare

Code bill-- House Bill 1322 (Kaufer-R-Luzerne)-- 47 to 3; and the Education Code changes--

House Bill 530

-- 41 to 9.

The amended version of the General Fund budget bill-- House Bill 1460

-- containing thenumbers Senate Republicans say were agreed to by three of the legislative caucuses and Gov.

Wolf, but not House Republicans, is still on the Senate Calendar poised for a final vote at any

time.

The Senate does not plan to take action on the Tax Code bill-- House Bill 1198 -- until a

final, final, final agreement is made so members only have to vote on taxes once.

Fiscal Code Bill

The Fiscal Code bill-- House Bill 1327 (Peifer-R-Pike)-- was changed in the Senate

http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1327http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1198http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1460http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=0530http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1322http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=S&type=B&bn=1082http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1690http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1690http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=0941http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1327http://www.ifo.state.pa.us/resources/PDF/Five_Year_Outlook_2014.pdfhttp://www.ifo.state.pa.us/resources/PDF/Five_Year_Outlook_2014.pdfhttp://www.ifo.state.pa.us/#&panel1-1http://www.pennlive.com/news/2015/12/new_language_in_pa_fiscal_code.html#incart_2boxhttp://www.plsreporter.com/Home/TabId/56/artmid/472/articleid/1059/Speaker-Turzai-on-budget-%E2%80%9CThere-are-open-issues-in-each-and-every-area%E2%80%9D.aspx#.VmtM0WcX_Ww.twitterhttp://www.plsreporter.com/Home/TabId/56/artmid/472/articleid/1059/Speaker-Turzai-on-budget-%E2%80%9CThere-are-open-issues-in-each-and-every-area%E2%80%9D.aspx#.VmtM0WcX_Ww.twitter


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Appropriations with a single omnibus amendment and passed by the Senate. Click Here for a

copy of the amended bill. A Senate Fiscal Note and summary is available. Among the changes

related to environmental programs were--

-- Kill Conventional Oil & Gas Regulations: Abrogate the conventional oil and gas regulations

developed by DEP and declaring the rulemaking process used to propose the regulations invalid

making DEP start the process over. [Section 1741.1-E, page 34]-- Reduces Growing Greener Funding $15 Million: Reduces the monies deposited in the

Environmental Stewardship (Growing Greener) Fund by the Marcellus Legacy Fund from $35

million to $20 million for FY 2015-16. [Section 1608-E, page 8]

-- Extends General Assembly’s Review Time For EPA Clean Power Implementation Plan:

DEP is now required to submit its plan for implementing EPA’s Clean Power Climate

requirements to the General Assembly for approval 180, not 100 days before it is submitted to

EPA as required by Act 175 of 2014. If no vote is taken by the General Assembly before August

22, 2016, the plan is deemed approved. If one or both chambers disapprove the plan, DEP can

evaluate the reasons for the disapproval of the plan, request an extension from EPA for

submitting the plan. [Section 1723-E, page 27]

-- Funding Earmarked For Small Water, Sewer Projects: $22 million to the CommonwealthFinancing Authority to fund water and sewer projects costing between $30,000 and $500,000.

[Section 1774.1-A, page 12]

-- Individual Special Water Infrastructure Projects: $400,000 for a drinking water project in

a county of the 4th class and $500,000 for upgrading a sewage pumping station in a city of the

3rd class in a county of the 5th class from DEP’s General Government Operations funds.

-- Create Special Fund To Promote Conversion To Natural Gas: Establishes a Natural Gas

Infrastructure Development Fund at the Commonwealth Financing Authority transferring $12

million from the Alternative Energy Investment Act to facilitate the conversions of schools,

businesses, municipalities to natural gas. [Section 1741-A.1, page 24]

-- Washington Crossing State Park: Allocates $2.2 million of DCNR State Parks Operations

funds to the operation and maintenance of Washington Crossing State Park

-- Individual, Local Government Disaster Recovery Assistance: Creates a $3 million program

in the PA Emergency Management to provide individual and local government disaster

assistance. [Section 1735-L, page 66]

Administrative Code Bill

The Administrative Code bill-- House Bill 941 (Regan-R-Cumberland) was amended

and reported from the Senate Appropriations Committee and was passed by the Senate. Click

Here for a copy of the amended bill. A Senate Fiscal Note

and summary is available. Among

the changes were:

-- Making DEP’s Citizens Advisory Council Independent: Specifically requires DEP’s

Citizens Advisory Council to be an independent Council with the sole power to employ and fixthe compensation of an executive director. [Section 448, page 3]

General Fund Budget Bill

The Senate Tuesday amended the House Republican budget bill-- House Bill 1460

(Adolph-R-Delaware)-- to include the supposedly agreed-to budget language. The bill is now in

position for a final vote at any time to send it back to the House.

Here is a comparison of selected General Fund line items from last year’s budget bill--

House Bill 2328 -- to the version of the budget passed by the Senate Monday-- Senate Bill 1073 --

http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2015&sessInd=0&billBody=S&billTyp=B&billNbr=1073&pn=1459http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2013&sessInd=0&billBody=H&billTyp=B&billNbr=2328&pn=3895http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1460http://www.legis.state.pa.us/WU01/LI/BI/SFN/2015/0/HB0941P2649.pdfhttp://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2015&sessInd=0&billBody=H&billTyp=B&billNbr=0941&pn=2649http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2015&sessInd=0&billBody=H&billTyp=B&billNbr=0941&pn=2649http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=0941http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2013&sessInd=0&billBody=H&billTyp=B&billNbr=2354&pn=3898http://www.legis.state.pa.us/WU01/LI/BI/SFN/2015/0/HB1327P2650.pdfhttp://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2015&sessInd=0&billBody=H&billTyp=B&billNbr=1327&pn=2650


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and the House Republican budget as approved by the House Appropriations Committee Monday

in the original version of House Bill 1460 (Adolph-R-Delaware)--

-- Environmental Protection Agreed-To and [House Republican- HR]

DEP General Operations-- $13.1 million, slight increase [HR--$13.3 million] over last year $12.4

million

DEP Protection Operations-- $89.3 million [HR-- $87.1 million], slight increase over last year$84.4 million

DEP Program Management-- $29.5 million [HR-- $28.2 million], slight increase over $28.6

million

Conservation Districts-- $2.5 million [HR--same], same as last year

Transfer To O&M Trust Account -- $500,000 [HR-- none]

Black Fly-- $3.3 million [HR-- $3.3 million], same as last year

West Nile Virus-- $3.8 million [HR-- $3.9 million], slightly less than last year $3.9 million

Sewage Facilities Grants -- $610,000 [HR-- $900,000], slight less than last year $700,000

DRBC-- $750,000 increase [HR--$434,000] over $434,000 last year

SRBC-- $573,000 [HR-- $473,000], same as last year

ORSANCO-- $136,000 [HR-- same], same as last yearPotomac River Basin Commission-- $46,000 [HR-- $46,000], same as last year

Citizens Advisory Council-- $250,000, no line item in previous years [HR-- None].

-- Conservation and Natural Resources

DCNR General Operations-- $12.3 million [HR- same (plus $5 million from Oil & Gas Lease

Fund], increase over $5.8 million last year

State Parks Operations-- $33.2 million [HR- same] (plus $21.4 million from Oil & Gas Lease

Fund [HR-- same]), decrease over $2.2 million last year ($45 million from Oil & Gas Lease

Fund)

State Forest Operations-- $11.1 million [HR- same] (plus $10.5 million from Oil & Gas Lease

Fund [HR-- same]), increase over $1 million last year (plus $17.5 million from Oil & Gas Lease

Fund)

Heritage Parks-- $2.7 million [HR--$2.2 million], same as last year

-- Agriculture

Agriculture General Operations-- $28.4 million [HR-- $27.6 million], increase over $25.2

million

Conservation Districts-- $869,000 [HR-- same], same as last year.

A Senate Fiscal Note and summary is available.

Click Here

for a Senate Republican staff budget spreadsheet for Senate Bill 1073. Click

Here for a House Democratic staff budget spreadsheet for Senate Bill 1073.

Click Here

for a copy of the House Republican budget spreadsheet for the Republican

budget that was in House Bill 1460.NewsClips:

Critics: Budget Bill Would Impede Emission Reduction Plan

PA GOP Using Budget To Derail Conventional Oil, Gas Regulations

Backdoor Amendment Gives Millions To New Natural Gas Fund

Rep. Christiana Discusses Possibility Of Severance Tax

Column: Fleecing, Subsidizing, Taxing Natural Gas


http://keystonepolitics.com/2015/12/pa-gop-using-budget-to-derail-traditional-oil-and-gas-regulations/http://triblive.com/opinion/colinmcnickle/9523676-74/government-gas-naturalhttp://plsreporter.com/Home/TabId/56/artmid/472/articleid/1035/Default.aspx#.VmNjFBAwp_Q.twitterhttp://www.pennlive.com/news/2015/12/new_language_in_pa_fiscal_code.html#incart_2boxhttp://keystonepolitics.com/2015/12/pa-gop-using-budget-to-derail-traditional-oil-and-gas-regulations/http://www.witf.org/news/2015/12/critics-say-fiscal-bill-would-impede-emission-reduction-plan.phphttps://goo.gl/YDGEy1https://goo.gl/y2daA1https://goo.gl/y2daA1https://goo.gl/JUBuR1http://www.legis.state.pa.us/WU01/LI/BI/SFN/2015/0/HB1460P2632.pdfhttp://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1460


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Senate Moves Budget Fight Into House’s Court

Wolf Says He’s Sticking To Budget Deal After House Revolt

After Split, Some Detente In State Budget Talks

Senate To Press Case In Budget Showdown With House GOP

PLS: Scarnati: Budget Is Now A House Drill

Senate Scuttles House-Passed Budget, Recommits To Budget Agreement Senate Committee Guts House Budget, Amends In Agreed-To Budget

House GOP Launches New Round In Budget Battle

Senate, House Move Toward Showdown On Budget

Review Of Senate, House Budget Plans

Senate OKs Bipartisan Budget, House Fate Unsure

Senate To Vote On Budget Despite House GOP’s Opposition

PLS: Senate Loads Budget, Pension Bills Facing Uncertain Future

PA Budget Breakthrough Hopes In The Gutter

Related Stories:

PennLive.com: Wolf Veto Of Bill Killing Drilling Regs, Delaying Climate Plan A Possibility

PA Environmental Council Opposes New Hurdles to Complying With Clean Power Plan PA Environmental Council Opposes Budget Bill Killing Conventional Drilling Regulations

PA Environmental Council Op-Ed: The Budget & Protecting The Public Trust

Environmental Groups Urge Rejection Of Latest Backroom Deal In Budget Bill

Budget Bills Kill Drilling Regs, Cut Growing Greener Funding, Delays Climate Plan

PA Environmental Council Opposes Budget Bill Killing Conventional Drilling Regulations

The Senate Republicans again added a provision to the Fiscal Code bill-- House Bill 1327

(Peifer-R-Pike) -- to invalidate the regulations DEP proposed to ensure conventional oil and gas

wells protect the environment and make DEP start the regulatory process over.

The Senate and House did the same thing

in July in Senate Bill 655 (Browne-R-Lehigh)

as part of the first budget, but Gov. Wolf vetoed the entire package.

The Pennsylvania Environmental Council has consistently expressed its opposition to the

provision to kill the regulations saying the regulations have undergone the most rigorous public

review process of any regulation in the 45-year history of modern environmental programs.

PEC wrote to all members of the Senate Thursday urging lawmakers to remove the

provision from the Fiscal Code bill. The text of the letter follows--

On behalf of the Pennsylvania Environmental Council, I am writing to convey our

continued opposition to the use of Fiscal Code legislation to inhibit or undo environmental

protections. We believe this practice, used with increasing frequency by the General Assembly,

is against the public interest and likely unconstitutional.Wednesday House Bill 1327 (P.N. 2650) was amended to include language abrogating

proposed rulemaking by the Pennsylvania Department of Environmental Protection with respect

to conventional oil and gas operations. This proposed rulemaking was developed in response to

legislation passed by the General Assembly in 2012 and signed into law by Governor Corbett;

rulemaking that has been subject to 12 public hearings, 2 separate public comment periods, and

more than a dozen public meetings with the oil & gas technical advisory board.

This legislative amendment has not been afforded proper public consideration. Instead, it

http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=32655http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=S&type=B&bn=0655http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=32655http://www.dep.pa.gov/Business/Energy/OilandGasPrograms/OilandGasMgmt/Public-Resources/Pages/Oil-and-Gas-Surface-Regulations.aspx#.Vmh9fYSa10chttp://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1327http://paenvironmentdaily.blogspot.com/2015/12/budget-bills-kill-drilling-regs-cut.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/environmental-groups-urge-rejection-of.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/op-ed-budget-protecting-public-trust.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/pa-environmental-council-opposes-budget.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/pa-environmental-council-opposes-new.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/pennlivecom-wolf-veto-of-bill-killing.htmlhttp://www.yorkdispatch.com/story/news/2015/12/07/pa-budget-breakthrough-hopes-gutter/76911754/http://www.theplsreporter.com/Home/TabId/56/ArtMID/472/ArticleID/1040/Senate-loads-budget-and-pension-bills-that-face-uncertain-future.aspxhttp://www.pennlive.com/politics/index.ssf/2015/12/senate_plans_to_consider_308_b.html#incart_river_homehttp://triblive.com/state/pennsylvania/9585305-74/senate-budget-publichttp://m.apnews.com/ap/db_268748/contentdetail.htm?contentguid=3ee5r6XGhttp://m.apnews.com/ap/db_268748/contentdetail.htm?contentguid=Z13PUb71http://m.apnews.com/ap/db_268748/contentdetail.htm?contentguid=l9T01rlvhttp://www.pennlive.com/politics/index.ssf/2015/12/senate_committee_guts_house_bu.html#incart_2boxhttp://www.theplsreporter.com/Home/TabId/56/ArtMID/472/ArticleID/1048/Senate-scuttles-House-passed-budget-bill-recommits-to-framework-agreement.aspxhttp://plsreporter.com/Home/TabId/56/artmid/472/articleid/1054/Scarnati-on-budget-process-%E2%80%9CThis-is-a-House-drill-now%E2%80%9D.aspx#.VmjaUP6tle8.twitterhttp://m.apnews.com/ap/db_268748/contentdetail.htm?contentguid=4oKLf86thttp://www.pennlive.com/midstate/index.ssf/2015/12/no_movement_thursday_toward_fi.html#incart_river_homehttp://m.apnews.com/ap/db_268748/contentdetail.htm?contentguid=3dcAmAR3http://m.apnews.com/ap/db_268748/contentdetail.htm?contentguid=4oKLf86t


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has been buried in omnibus legislation that, due to long-overdue resolution of the

Commonwealth’s budget, will be virtually impossible to untangle or be vetted on its own merits.

There are serious questions as to whether inclusion of this provision in the Fiscal Code violates

the single subject rule of the Pennsylvania Constitution; not to mention the Environmental Rights

Amendment of Article I, Section 27.

We urge you to remove this provision from House Bill 1327.John Walliser

Senior Vice President, Legal & Government Affairs

Pennsylvania Environmental Council

Email: [email protected]

For more information on programs, initiatives and special events, visit the PA

Environmental Council. Click Here to sign up for regular updates from PEC.

NewsClips:




Rep. Christiana Discusses Possibility Of Severance Tax Column: Fleecing, Subsidizing, Taxing Natural Gas

Related Stories:

PA Environmental Council Opposes New Hurdles to Complying With Clean Power Plan





Analysis: Myth-- Conventional Oil and Gas Drilling Is Benign

PA Environmental Council Opposes New Hurdles To Complying With Clean Power Plan

The Senate Republicans added a provision to the Fiscal Code bill-- House Bill 1327

(Peifer-R-Pike) passed by the Senate-- expanding the General Assembly’s review of any plan

DEP develops to comply with EPA’s Clean Power Climate Rule.



EPA as required by Act 175 of 2014.

PEC sent a letter to all members of the Senate urging them to remove the provision from

the bill. The text of the letter follows--

On behalf of the Pennsylvania Environmental Council (PEC), I am writing to convey our

opposition to an amendment in fiscal code legislation (House Bill 1327; P.N. 2650) that expandsthe timeframe for legislative review of the Department of Environmental Protection’s

(Department) implementation proposal for the Clean Power Plan.

As the General Assembly should know, failure to submit an implementation proposal by

the prescribed deadline risks imposition of a federal plan. Subjecting the Department’s plan to

expanded legislative review – legislative review which itself is not guided by any objective

criteria – greatly magnifies that risk.

It is imperative that the Department be given sufficient ability to develop and timely

http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2013&sessInd=0&billBody=H&billTyp=B&billNbr=2354&pn=3898http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1327http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=31809http://paenvironmentdaily.blogspot.com/2015/12/pennlivecom-wolf-veto-of-bill-killing.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/budget-bills-kill-drilling-regs-cut_11.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/environmental-groups-urge-rejection-of.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/op-ed-budget-protecting-public-trust.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/pa-environmental-council-opposes-new.htmlhttp://triblive.com/opinion/colinmcnickle/9523676-74/government-gas-naturalhttp://plsreporter.com/Home/TabId/56/artmid/472/articleid/1035/Default.aspx#.VmNjFBAwp_Q.twitterhttp://www.pennlive.com/news/2015/12/new_language_in_pa_fiscal_code.html#incart_2boxhttp://keystonepolitics.com/2015/12/pa-gop-using-budget-to-derail-traditional-oil-and-gas-regulations/http://www.witf.org/news/2015/12/critics-say-fiscal-bill-would-impede-emission-reduction-plan.phphttp://pecpa.org/email-signup/http://pecpa.org/http://pecpa.org/mailto:[email protected]


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submit a plan that meets federal requirements, and is tailored to the needs, challenges and

opportunities of Pennsylvania.

PEC also remains opposed to use of the fiscal code and omnibus legislation to affect

substantive environmental policy. It is against the public interest, and potentially

unconstitutional.

We urge you to remove this provision from House Bill 1327.John Walliser

Senior Vice President, Legal & Government Affairs

Pennsylvania Environmental Council



NewsClips:





Column: Fleecing, Subsidizing, Taxing Natural Gas Related Stories:







Environmental Groups Urge Rejection Of Backroom Deal In Budget Bill

A Fiscal Code bill-- House Bill 1327 (Peifer-R-Pike)-- approved by the Senate Appropriations

Committee Wednesday night would gut environmental regulations, subvert the public input

process for clean air standards, and give handouts to the oil and gas industry.

Pennsylvania's environmental and conservation community– National Resources Defense

Council, PennFuture , Union of Concerned Scientists, Clean Water Action , Sierra Club PA

Chapter , Clean Air Council, PennEnvironment, Conservation Voters of Pennsylvania , BlueGreen

Alliance, Mid-Atlantic Solar Energy Industries Association/Pennsylvania Solar Energy

Industries Association

, and NextGen Climate America– slammed the eleventh-hour Senate

Appropriations Committee amendments as "state government at its least transparent and most

hostile to public health, clean air, and pure water."

The groups urged the General Assembly and Gov. Tom Wolf to reject passage of theFiscal Code that would likely delay Pennsylvania's implementation of the EPA Clean Power

Climate Plan , the federal plan to reduce carbon emissions from power plants.

It would also exempt conventional oil and gas wells from compliance with updated health

and safety regulations, and shift existing funding for renewable energy sources to natural gas

development.

The latest version of the Fiscal Code, House Bill 1327, would give the General Assembly

the power to hold up the Department of Environmental Protection's development of a state plan

http://www.dep.pa.gov/Business/Air/BAQ/ClimateChange/Pages/default.aspx#.VmnEn4Sa10chttp://www.dep.pa.gov/Business/Air/BAQ/ClimateChange/Pages/default.aspx#.VmnEn4Sa10chttp://www.seia.org/state-solar-policy/pennsylvaniahttp://www.seia.org/state-solar-policy/pennsylvaniahttp://www.bluegreenalliance.org/http://www.bluegreenalliance.org/http://www.conservationpa.org/http://www.pennenvironment.org/sites/environment/files/yeg/amn-eoy15-b2/index5.htmlhttp://www.cleanair.org/http://www.pennsylvania.sierraclub.org/http://www.pennsylvania.sierraclub.org/http://www.cleanwateraction.org/http://www.pennfuture.org/http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1327http://paenvironmentdaily.blogspot.com/2015/12/pennlivecom-wolf-veto-of-bill-killing.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/budget-bills-kill-drilling-regs-cut_11.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/pennlivecom-wolf-veto-of-bill-killing.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/environmental-groups-urge-rejection-of.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/op-ed-budget-protecting-public-trust.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/pa-environmental-council-opposes-budget.htmlhttp://triblive.com/opinion/colinmcnickle/9523676-74/government-gas-naturalhttp://plsreporter.com/Home/TabId/56/artmid/472/articleid/1035/Default.aspx#.VmNjFBAwp_Q.twitterhttp://www.pennlive.com/news/2015/12/new_language_in_pa_fiscal_code.html#incart_2boxhttp://keystonepolitics.com/2015/12/pa-gop-using-budget-to-derail-traditional-oil-and-gas-regulations/http://www.witf.org/news/2015/12/critics-say-fiscal-bill-would-impede-emission-reduction-plan.phphttp://pecpa.org/email-signup/http://pecpa.org/http://pecpa.org/


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to reduce power plant emissions – potentially delaying it by years.

It would als prohibit the state Environmental Quality Board from adopting much-needed

and long overdue modernizations of Pennsylvania's oil and gas drilling regulations.

The bill also appropriates $12 million from the Alternative Energy Investment Act to

create a new "Natural Gas Infrastructure Development Fund" to further subsidize an industry that

already benefits from billions of dollars in taxpayer subsidies.Pennsylvania's Fiscal Code must be passed annually to authorize expenditures provided

for in the budget bill.

PennFuture president and CEO, Larry Schweiger said, "With a new sense of urgency for

passing a budget to fulfill the basic functions of government to its citizens who have been held

hostage for over five months, lawmakers are shoving this Fiscal Code through so they can run

off to New York and attend the Pennsylvania Society dinner and related fundraisers with funders

who are likely to benefit from this bad deal – big oil and gas companies."

This Fiscal Code includes language which circumvents the public input process currently

underway.

In the case of the Clean Power Plan, the DEP just concluded a public input process

consisting of 14 listening sessions around the state and a 60-day written comment period, andwill hold an additional comment period in 2016.

And there have been multiple opportunities for input into the gas drilling regulations over

the last two years. Moreover, the amendments may be unconstitutional, because the Fiscal Code

is supposed to deal with appropriations, not environmental standards.

"Implementation of the Clean Power Plan is an issue that affects all Pennsylvanians," said

Mark Szybist, Senior Program Advocate for NRDC. "It needs to be worked out transparently, as

the DEP has been doing – not in backroom deals."

"Tens of thousands of Pennsylvanians submitted comments and attended hearings on

climate and gas drilling regulations," said Adam Garber, Field Director for PennEnvironment.

"The General Assembly shouldn't undermine that robust democratic process through secret, back

door amendments in the state budget."

"By attacking the Clean Power Plan process and the oil and gas regulations using

virtually hidden language in the fiscal code, the legislature is circumventing the public and acting

in direct contradiction to the will of their constituents," said Joanne Kilgour, Director of the

Sierra Club PA Chapter, "Using the fiscal code in this way lacks transparency, violates the

public's trust, and runs counter the Pennsylvania Constitution."

House Bill 1327 was reported out by the Senate Appropriations Committee Wednesday is

expected to be considered on the Senate floor Thursday. The environmental and conservation

groups urged all state Senators and Representatives to reject the Fiscal Code and craft a

responsible state budget for Pennsylvania's citizens and environment.

NewsClips:Critics: Budget Bill Would Impede Emission Reduction Plan





Related Stories:

PA Environmental Council Opposes New Hurdles to Complying With Clean Power Plan

http://paenvironmentdaily.blogspot.com/2015/12/pa-environmental-council-opposes-new.htmlhttp://triblive.com/opinion/colinmcnickle/9523676-74/government-gas-naturalhttp://plsreporter.com/Home/TabId/56/artmid/472/articleid/1035/Default.aspx#.VmNjFBAwp_Q.twitterhttp://www.pennlive.com/news/2015/12/new_language_in_pa_fiscal_code.html#incart_2boxhttp://keystonepolitics.com/2015/12/pa-gop-using-budget-to-derail-traditional-oil-and-gas-regulations/http://www.witf.org/news/2015/12/critics-say-fiscal-bill-would-impede-emission-reduction-plan.php


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PennLive.com reported late Thursday Gov. Wolf opposes loading up the Fiscal Code to gut oil

and gas regulations or slow implementation of the EPA Clean Power Climate Plan, according to

his spokesperson Jeff Sheridan.

"The governor is committed to the Clean Power Plan, which is an important opportunity

to reduce emissions and combat climate change, and ensuring proper oversight of the oil and gas

industry with the Chapter 78 process," he added.

A veto of the fiscal code is a “possibility,” according to the Governor's Office.

The Fiscal Code bill-- House Bill 1327 (Peifer-R-Pike)-- was changed in the Senate

Appropriations Wednesday with a single omnibus amendment. Among the changes related toenvironmental programs were--

-- Kill Conventional Oil & Gas Regulations: Abrogate the conventional oil and gas regulations

developed by DEP and declaring the rulemaking process used to propose the regulations invalid

making DEP start the process over. [Section 1741.1-E, page 34]

-- Reduces Growing Greener Funding $15 Million: Reduces the monies deposited in the

Environmental Stewardship (Growing Greener) Fund by the Marcellus Legacy Fund from $35

million to $20 million for FY 2015-16. [Section 1608-E, page 8]

-- Extends General Assembly’s Review Time For EPA Clean Power Implementation Plan:



EPA as required by Act 175 of 2014. If no vote is taken by the General Assembly before August

22, 2016, the plan is deemed approved. If one or both chambers disapprove the plan, DEP can

evaluate the reasons for the disapproval of the plan, request an extension from EPA for

submitting the plan. [Section 1723-E, page 27]

The changes were characterized by many in the Senate as agreed-to by all parties to the

budget talks, except the House Republicans. Clearly that may not be the case.

Click Here for a copy of the amended Fiscal Code bill which is now in the House for

consideration. Click Here for a rundown on the entire budget package passed by the Senate.

NewsClips:


PA GOP Using Budget To Derail Conventional Oil, Gas Regulations Backdoor Amendment Gives Millions To New Natural Gas Fund



Related Stories:




http://paenvironmentdaily.blogspot.com/2015/12/op-ed-budget-protecting-public-trust.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/pa-environmental-council-opposes-budget.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/pa-environmental-council-opposes-new.htmlhttp://triblive.com/opinion/colinmcnickle/9523676-74/government-gas-naturalhttp://plsreporter.com/Home/TabId/56/artmid/472/articleid/1035/Default.aspx#.VmNjFBAwp_Q.twitterhttp://www.pennlive.com/news/2015/12/new_language_in_pa_fiscal_code.html#incart_2boxhttp://keystonepolitics.com/2015/12/pa-gop-using-budget-to-derail-traditional-oil-and-gas-regulations/http://www.witf.org/news/2015/12/critics-say-fiscal-bill-would-impede-emission-reduction-plan.phphttp://paenvironmentdaily.blogspot.com/2015/12/budget-bills-kill-drilling-regs-cut.htmlhttp://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2015&sessInd=0&billBody=H&billTyp=B&billNbr=1327&pn=2650http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2013&sessInd=0&billBody=H&billTyp=B&billNbr=2354&pn=3898http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1327http://www.pennlive.com/news/2015/12/new_language_in_pa_fiscal_code.html#incart_2boxhttp://paenvironmentdaily.blogspot.com/2015/12/pennlivecom-wolf-veto-of-bill-killing.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/budget-bills-kill-drilling-regs-cut_11.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/pennlivecom-wolf-veto-of-bill-killing.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/op-ed-budget-protecting-public-trust.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/pa-environmental-council-opposes-budget.html


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Op-Ed: The Budget & Protecting The Public Trust

By Davitt Woodwell, President & CEO, PA Environmental Council

No one will dispute that the now-annual spectacle of the

Commonwealth budget reflects poorly on the current state of

governance in Harrisburg. What hasn’t been acknowledged enough,

however, is the surreptitious use of this spectacle to undermine

environmental protections.

Over the past several years the state budget – more particularly the

state Fiscal Code – has become a preferred vehicle to quickly and

quietly change the rules for environmental oversight and enforcement. Because the budget has

become a perennial crisis, and necessitates omnibus legislation that is almost impossible to

unravel once set in motion, it becomes very easy for legislators to insert provisions requested byindustry that bypass public disclosure and participation, not to mention independent

consideration by members of the Senate and House.

The most recent example happened this week. On Wednesday evening the Senate

inserted provisions in Fiscal Code legislation (House Bill 1327) that abrogated regulations long

in the making rulemaking for oil and gas operations, and placed additional constraints on

implementation of the federal Clean Power Plan in Pennsylvania.

In a matter of hours, the Senate swiftly approved this legislation without any debate on

the merits of these provisions, shutting out public notice and involvement altogether and without

a single prior vote by the Senate on the more than a dozen individual changes made to law in the

bill.

No doubt the House, facing similar demands almost six months past the deadline for

approval of a state budget, will likely follow suit.

The Clean Power Plan, and the standards applicable to oversight of the oil and gas

industry, have nothing to do with the budget. To make matters worse, there is a growing

dismissiveness by the General Assembly to this wholly inappropriate practice – evidenced

yesterday by a response from the spokesperson for the Senate Republicans on the language

invalidating environmental rulemaking.

Consider that the rulemaking being undermined is required by legislation already passed

by the General Assembly and signed into law in 2012. Rulemaking that has undergone more than

three years of public analysis and dialog, including 12 public hearings, two public comment

periods, and more than a dozen meetings of a technical advisory board. To arbitrarily throw this process and product out the window without any public consideration or involvement is an

affront to good governance.

It is also likely unconstitutional. Article III, Section 3 of the Pennsylvania Constitution

contains language that directs the legislature to follow what is commonly referred to as the

“single subject rule”. Stated plainly, the legislature is not allowed to use one piece of legislation,

including omnibus bills, to advance separate or unrelated provisions. This Section of the

Constitution was adopted specifically to prevent the very activity that is now taking place

http://pecpa.org/http://paenvironmentdaily.blogspot.com/2015/12/budget-bills-kill-drilling-regs-cut_11.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/environmental-groups-urge-rejection-of.html


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annually by the General Assembly with respect to environmental laws.

This practice needs to stop. The public has a fundamental right to have full knowledge of,

and opportunity to participate in, the laws that affect their health and environment. These laws

must be considered on their own merits, and in plain sight.

The General Assembly has a clear constitutional duty, reflected in Article I, Section 27 of

the state Constitution, to protect public health and the environment. Using the budget as a meansto subvert or substantively change environmental laws violates that public trust, and is wholly

inappropriate by the laws of our Commonwealth and the principles of good governance.

The Governor and General Assembly should take all efforts to end this affront today,

tomorrow, and in years and budgets to come. It is their duty and responsibility to the people of

Pennsylvania.

Now is the time to start.



NewsClips:


PA GOP Using Budget To Derail Conventional Oil, Gas Regulations Backdoor Amendment Gives Millions To New Natural Gas Fund



Related Stories:






DEP Accepting Applications For 2016 Governor’s Award For Environmental Excellence

The Department of Environmental Protection invites

Pennsylvania businesses, farms, government agencies,

educational institutions, non-profit organizations and

individuals to apply for the 2016 Governor’s Award for

Environmental Excellence.

Applications are due January 15.

This prestigious award honors those projects that have transformed environmental

challenges into opportunities.

“We want to showcase the kinds of innovative, energy-saving and restorative projectstaking place all across Pennsylvania,” DEP Secretary John Quigley said. “These projects and the

people who develop them will help lead Pennsylvania into the next era of environmental

protection.”

Award-winning projects will be selected based on eight criteria: protection, partnership,

public service, environmental education and outreach, pollution prevention, economic impact,

innovative technology, and new this year, climate change.

“Pennsylvania's climate has been steadily warming over the past century and if it

http://www.dep.pa.gov/About/Awards/EnvironmentalExcellence/Pages/default.aspx#.VmnbtoSa10chttp://www.dep.pa.gov/About/Awards/EnvironmentalExcellence/Pages/default.aspx#.VmnbtoSa10chttp://paenvironmentdaily.blogspot.com/2015/12/budget-bills-kill-drilling-regs-cut_11.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/pennlivecom-wolf-veto-of-bill-killing.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/environmental-groups-urge-rejection-of.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/pa-environmental-council-opposes-budget.htmlhttp://paenvironmentdaily.blogspot.com/2015/12/pa-environmental-council-opposes-new.htmlhttp://triblive.com/opinion/colinmcnickle/9523676-74/government-gas-naturalhttp://plsreporter.com/Home/TabId/56/artmid/472/articleid/1035/Default.aspx#.VmNjFBAwp_Q.twitterhttp://www.pennlive.com/news/2015/12/new_language_in_pa_fiscal_code.html#incart_2boxhttp://keystonepolitics.com/2015/12/pa-gop-using-budget-to-derail-traditional-oil-and-gas-regulations/http://www.witf.org/news/2015/12/critics-say-fiscal-bill-would-impede-emission-reduction-plan.phphttp://pecpa.org/email-signup/http://pecpa.org/http://pecpa.org/


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continues, such warming will have disastrous impacts to our environment and economy,”

Quigley said. “We are particularly interested in projects that actively seek to limit or reduce the

rate of long-term climate change through the reduction of greenhouse gas emissions.”

To be eligible for consideration, projects must have been completed between August 1,

2014 and July 31, 2015.

Applications must be submitted by email to: [email protected]

in order to be considered.

Project guidelines and application forms are available on DEP’s 2016 Governor’s Award

for Environmental Excellence webpage.

NewsClip:

Keep Blair County Beautiful Receives National Affiliation

PA Environment Digest Google+ Circle, Blogs, Twitter Feeds

PA Environment Digest now has a Google+ Circle called Green Works In PA . Let us join your

Circle.

Google+ now combines all the news you now get through the PA Environment Digest,Weekly, Blog, Twitter and Video sites into one resource.

You’ll receive as-it-happens postings on Pennsylvania environmental news, daily

NewsClips and links to the weekly Digest and videos.

Also take advantage of these related services from Crisci Associates --

PA Environment Digest Twitter Feed: On Twitter, sign up to receive instant updates from:

PAEnviroDigest.

PA Environment Daily Blog: provides daily environmental NewsClips and significant stories

and announcements on environmental topics in Pennsylvania of immediate value. Sign up and

receive as they are posted updates through your favorite RSS reader. You can also sign up for a

once daily email alerting you to new items posted on this blog. NEW! Add your constructive

comment to any blog posting.

PA Capitol Digest Daily Blog to get updates every day on Pennsylvania State Government,

including NewsClips, coverage of key press conferences and more. Sign up and receive as they

are posted updates through your favorite RSS reader. You can also sign up for a once daily

email alerting you to new items posted on this blog.

PA Capitol Digest Twitter Feed: Don't forget to sign up to receive the PA Capitol DigestTwitter feed to get instant updates on other news from in and around the Pennsylvania State

Capitol.

Senate/House Agenda/Session Schedule [Updated] /Gov’s Schedule/ Bills

Introduced

Here are the Senate and House Calendars and Committee meetings showing bills of interest as

http://www.twitter.com/PaCapitolDigesthttp://www.crisciassociates.com/category/capitol-blog/http://www.crisciassociates.com/category/environment-blog/http://www.twitter.com/http://www.crisciassociates.com/https://plus.google.com/+DavidHessGreenWorksInPA/postshttp://www.altoonamirror.com/page/content.detail/id/625731/Blair-County-environmental-group-gets-national-affiliation.html?nav=742http://www.dep.pa.gov/About/Awards/EnvironmentalExcellence/Pages/default.aspx#.VmnbtoSa10chttp://www.dep.pa.gov/About/Awards/EnvironmentalExcellence/Pages/default.aspx#.VmnbtoSa10cmailto:[email protected]


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well as a list of new environmental bills introduced--

Bill Calendars

House (December 13): House Bill 48 (Godshall-R-Montgomery) setting standards for drinking

water well construction; House Bill 544

(Moul-R-Adams) further providing for liability protection for landowners who open their land for recreation (sponsor summary ); Senate Bill 385

(Pileggi-R-Delaware) updating and improving the Transit Revitalization investment District;

Senate Bill 307 (Yudichak-D-Luzerne) providing for an independent counsel for the

Environmental Quality Board. Click Here for full House Bill Calendar.

Senate (December 14): Senate Bill 201 (Schwank-D-Berks) authorizing the leasing of property

in the Clean and Green Program to a rural enterprise ( sponsor summary ); Senate Bill 805

(Boscola-D-Lehigh) allowing an Act 129 opt-out for large electric users (sponsor summary ).

Click Here for full Senate Bill Calendar.

Committee Meeting Agendas This Week

NOTE: Committee meetings can be scheduled at any time with little notice.

House: Click Here for full House Committee Schedule.

Senate: Click Here for full Senate Committee Schedule.

Bills Pending In Key Committees

Here are links to key Standing Committees in the House and Senate and the bills pending in

each--

House

Appropriations

Education

Environmental Resources and Energy

Consumer Affairs

Gaming Oversight

Human Services

Judiciary

Liquor ControlTransportation

Links for all other Standing House Committees

Senate

Appropriations

Environmental Resources and Energy

Consumer Protection and Professional Licensure

http://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=7&CteeBody=Shttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=9&CteeBody=Shttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=3&CteeBody=Shttp://www.legis.state.pa.us/cfdocs/CteeInfo/StandingCommittees.cfm?CteeBody=Hhttp://www.legis.state.pa.us/cfdocs/CteeInfo/StandingCommittees.cfm?CteeBody=Hhttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=38&CteeBody=Hhttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=28&CteeBody=Hhttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=24&CteeBody=Hhttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=56&CteeBody=Hhttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=54&CteeBody=Hhttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=10&CteeBody=Hhttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=8&CteeBody=Hhttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=12&CteeBody=Hhttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=4&CteeBody=Hhttp://www.legis.state.pa.us/WU01/LI/CO/SM/COSM.HTMhttp://www.legis.state.pa.us/WU01/LI/CO/HM/COHM.HTMhttp://www.legis.state.pa.us/WU01/LI/SC/SC/0/RC/CAL.HTMhttp://www.legis.state.pa.us//cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20150&cosponId=18088http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=S&type=B&bn=0805http://www.legis.state.pa.us//cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20150&cosponId=15642http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2015&sInd=0&body=S&type=B&bn=201http://www.legis.state.pa.us/WU01/LI/SC/HC/0/RC/SCHC.HTMhttp://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=S&type=B&bn=0307http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=S&type=B&bn=0385http://www.legis.state.pa.us//cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=16928http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=0544http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=0048


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Community, Economic and Recreational Development

Education

Judiciary

Law and Justice

Public Health and Welfare

TransportationLinks for all other Standing Senate Committees

Bills Introduced

The following bills of interest were introduced this week--

Severance Tax: House Bill 1743 (Santora-R-Delaware) providing for a 4 percent natural gas

severance tax with the proceeds directed to funding education programs ( sponsor summary).

Session Schedule

Here is the latest voting session schedule for the Senate and House--

Senate

December 14 (maybe)

House

December 13 , 14, 15, 16

Governor’s Schedule

Gov. Tom Wolf's work calendar will be posted each Friday and his public schedule for the day

will be posted each morning. Click Here to view Gov. Wolf’s Weekly Calendar and Public

Appearances.

Senate/House Bills Moving

The following bills of interest saw action this week in the House and Senate--

House

Amended House GOP General Fund Budget:

House Bill 1460

(Adolph-R- Delaware) HouseRepublican General Fund vehicle was amended in Senate Appropriations Committee with the

agreed-to General Fund budget passed by the Senate on Monday and reported from Committee

and is on the Calendar for a final vote. A Senate Fiscal Note and summary is available. Click

Here for a copy of the budget spreadsheet for the so-called agreed-to General Fund budget.

Rural Recycling Mandate Exemption: House Bill 1533 (Rader-R- Monroe) exempting certain

more rural communities from mandatory recycling was removed from the Table, referred into

http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1533https://goo.gl/JUBuR1https://goo.gl/JUBuR1http://www.legis.state.pa.us/WU01/LI/BI/SFN/2015/0/HB1460P2632.pdfhttp://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1460http://www.governor.pa.gov/Schedule/Pages/schedule.aspx#.VNVGE0K4lBxhttp://www.legis.state.pa.us//cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=17265http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1743http://www.legis.state.pa.us/cfdocs/CteeInfo/StandingCommittees.cfm?CteeBody=Shttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=19&CteeBody=Shttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=33&CteeBody=Shttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=29&CteeBody=Shttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=39&CteeBody=Shttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=23&CteeBody=Shttp://www.legis.state.pa.us/cfdocs/CteeInfo/index.cfm?Code=31&CteeBody=S


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and out of the House Appropriations Committee and was passed by the House 118 to 83. A

House Fiscal Note and summary is available. The bill now goes to the Senate for action.

Local Stormwater Fees: House Bill 1325 (Mustio-R-Allegheny) authorizing 2nd class

townships to assess stormwater management fees without forming an authority (House Fiscal

Note

and summary is available), House Bill 1394

(Mustio-R-Allegheny) authorizing boroughs toassess stormwater management fees without forming an authority ( House Fiscal Note and

summary is available) were reported from the House Appropriations Committee and passed by

the House. The bills now go to the Senate for action.

Hazardous Materials Planning: House Bill 677 (Hanna-D-Centre) further providing for

hazardous materials emergency planning and response (sponsor summary) was removed from

the Table and is now on the House Calendar for action.

Senate

Opt Out From Energy Efficiency Program: Senate Bill 805

(Boscola-D-Lehigh) allowing bigelectricity users to opt out of the Act 129 energy efficiency program ( sponsor summary ) was

removed from the Table and is now on the Senate Calendar for action.

News From The Capitol

Senate Environmental Committee Hears Need For Changing Sewage Facilities Act

The Senate Environmental Resources and Energy Committee Tuesday held a hearing on issues

and changes needed in the 1966 Sewage Facilities Act. ( Click Here to watch a video of the

hearing.)Dana Aunkst, DEP Deputy for Field Operations, outlined 8 specific areas of change DEP

would like the General Assembly to consider--

— Counties, and their planning commissions or regional planning entities, should have a greater

role in the sewage planning process.

— Changes to the Act should include requirements for third party testing and certification of

new onsite sewage treatment and disposal systems.

— As municipalities develop and the density of their populations grows, the need for onsite

sewage treatment and disposal systems to function well over the long term as permanent

infrastructure has become evident.

— Changes to the Act should require that all municipal official sewage plans be evaluated and

either adopted or readopted by the local agency at least every ten years. — The Department has experienced, and is currently experiencing, some problems with sewage

enforcement officers (SEOs). Specifically, revisions should include provisions for a more robust

SEO continuing education program.

— Request removal of language related to fees, and, instead, authorize DEP to adopt fees by way

of regulation.

— Believe it is past time to eliminate the ten-acre permit exemption. This exemption allows new

land development without sewage facility planning on parcels ten acres or more in size that

http://environmental.pasenategop.com/files/2015/12/Aunkst-Testimony.pdfhttp://environmental.pasenategop.com/120815/http://environmental.pasenategop.com/http://www.legis.state.pa.us//cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20150&cosponId=18088http://www.legis.state.pa.us/cfdocs/billInfo/bill_history.cfm?syear=2015&sind=0&body=S&type=B&bn=805http://www.legis.state.pa.us//cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=17408http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=0677http://www.legis.state.pa.us/WU01/LI/BI/FN/2015/0/HB1394P2612.pdfhttp://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1394http://www.legis.state.pa.us/WU01/LI/BI/FN/2015/0/HB1325P2611.pdfhttp://www.legis.state.pa.us/WU01/LI/BI/FN/2015/0/HB1325P2611.pdfhttp://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2015&sInd=0&body=H&type=B&bn=1325http://www.legis.state.pa.us/WU01/LI/BI/FN/2015/0/HB1533P2556.pdf


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existed prior to January 10, 1987.

— Any revisions to the Act should address the Sewage Advisory Committee (SAC). The SAC's

current size and composition need to be evaluated and modernized.

Duane Mowery, Chair of DEP’s Sewage Advisory Committee , said DEP has not actively

involved the Sewage Advisory Committee in the development of regulations and policies in the

sewage program for a long time.“It has become abundantly clear to me that the only way to effect change in the SAC,

which has become almost exclusively a reactionary creature, is to engage understanding

legislative forces, or to be financially secure enough to bring an appeal to the Environmental

Hearing Board thereby forcing the necessary change,” he concluded. He described this

disconnect between the agencies as “one of the greatest challenges facing improvements to Act

537.”

Elam Herr , State Association of Township Supervisors, said DEP enforcement of

municipality cooperation is not feasible due to unfair burdens on residents. He also said future

legislation should include criteria for establishing when plant updates occur.

Regarding sewer systems, Herr said central collection systems are economically and

technically impractical.“There is insufficient population density to provide such systems at a reasonable cost to

the residents,” he explained. “Funding for sewage system construction is limited and more is

needed to meet the mandates to install or provide sewer service imposed by DEP,” he added.

He went on to make a series of other recommendations for changes.

Chris Wood , President of the PA Sewage Enforcement Officers Association , said the Act

needs to be updated. He expressed concern and recommended changes to several definitions,

including: Qualified Registered Professional Engineer; Qualified Registered Professional

Geologist; Qualified Soil Scientist; Soil Mottling; The division of sewage disposal systems into

Conventional, Alternate, and Experimental.

“The Department should be permitted to require municipalities to establish Operations

and Maintenance programs to ensure the long-term operation of sewage disposal systems within

the municipality,” said Wood. “However, the Department should be prohibited from requiring a

municipality from imposing such a program on any sewage disposal system constructed prior to

program enactment.”

Robert Wood , Owner of Real Estaters of Mansfield, requested the state allow alternative

systems to be used for planning purposes throughout the Commonwealth. “By not allowing the

use of alternate sewage systems for planning purposes, current and future homeowners are being

hindered from building a new home. It’s become increasingly more difficult for developers to

plan new neighborhoods,” he said.

Bruce Willman, Certified Professional Soil Scientist, said the Act is effective, but

highlighted specific sections of the Act the PA Association of Professional Soil Scientists areconcerned with, including: definitions of qualified soil scientist, limiting zone, redoximorphic

features, and soil mottling; Sewage Advisory Committee structure and soil mottling procedures

Julian Mazero, Associated Builders and Contractors Keystone Chapter , said the Act is an

effective regulatory tool, but cited several issues stunting growth, including misinterpretation of

regulations, lack of training, slow changing of regulations and guidance documents, and quick

turnaround on permit application reviews.

“A relatively easy fix would be to provide more frequent training for both public and

http://www.abckeystone.org/http://wallaby.telicon.com/pa/library/2015/20151208TT.PDFhttp://papss.org/http://environmental.pasenategop.com/files/2015/12/Willman-Testimony.pdfhttp://environmental.pasenategop.com/files/2015/12/R-Wood-Testimony.pdfhttp://www.pa-seo.org/http://wallaby.telicon.com/pa/library/2015/20151208TW.PDFhttp://environmental.pasenategop.com/files/2015/12/Herr-Testimony.pdfhttp://www.dep.pa.gov/PublicParticipation/AdvisoryCommittees/WaterAdvisory/SAC/Pages/default.aspx#.VmgWfoSa10chttp://environmental.pasenategop.com/files/2015/12/Mowery-Testimony.pdf


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private persons within the wastewater field,” he said.

He echoed the desire for a comprehensive water resources planning approach. “Future

comprehensive water resources planning process would benefit from a digital application and

review process,” Mazero concluded.

Thaddeus Stevens , a member of DEP’s Citizens Advisory Council, said including

alternate systems in the planning process is a worthy effort.“I believe we can do that in a surgical manner and get it done promptly,” he added. “This

is needed. The systems work.”

He said language is available through the CAC for immediate consideration. Regarding

comprehensive review, he said many things could be done through a lengthy and detailed

process.

“I suggest you complete that surgical correction, and then take on the larger process,”

Stevens concluded.

In his written remarks, Stevens included a letter the Citizens Advisory Council sent to

both DEP Secretary Abruzzo in 2014 and current DEP Secretary Quigley this year outlining its

concerns about the Act 537 Program. [Unfortunately, copies of both letters are not on the CAC

webpage because they were apparently lost in the transition to a new DEP website design.]Stevens also pointed out DEP’s Sewage Advisory Committee has not met since March of

this year and had a meeting canceled by DEP in September that was supposed to deal with Act

537 issues.

Copies of written testimony and a video of the hearing are available at the Committee’s

webpage .

Sen. Gene Yaw (R-Lycoming) serves as Majority Chair of the Committee and can be

contacted by sending email to: [email protected] . Sen. John Yudichak (D-Luzerne) serves as

Minority Chair and can be contacted by sending email to: [email protected].

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Editorial: Scranton Sewer Deal Promises Long--Term Stability

Sewer Plant Helps Create Snow Near State College

Delaware Riverkeeper: Dec. 4 Riverwatch Video Report

Op-Ed: Clean Water Rule Benefits All Pennsylvanians

Latest From The Chesapeake Bay Journal

Click Here

to subscribe to the Chesapeake Bay Journal

News From Around The State

DEP Issues Air Quality Action Day Alert For Dec. 12, 13 In Multiple Areas Of PA

The Department of Environmental Protection and its regional

air quality partnerships forecast a Code Orange air quality

action day for particle pollution on Saturday, December 12 and

Sunday, December 13, for Berks, Cumberland, Dauphin,

http://www.ahs2.dep.state.pa.us/aq_apps/aqpartners/default.asphttp://www.ahs2.dep.state.pa.us/aq_apps/aqpartners/default.asphttp://www.bayjournal.com/subscriptionhttp://www.bayjournal.com/http://www.poconorecord.com/article/20151205/OPINION/151209662https://www.youtube.com/watch?v=e-r9CxOakAQ&feature=youtu.behttp://m.apnews.com/ap/db_268748/contentdetail.htm?contentguid=YlTwoOEXhttp://thetimes-tribune.com/opinion/unfolding-sewer-dealhas-promise-city-must-convert-cashinto-long-term-stability-1.1980945http://thetimes-tribune.com/news/scranton-and-dunmore-to-net-120m-in-scranton-sewer-authority-sale-1.1980749http://thetimes-tribune.com/news/disconnect-downspouts-to-aid-river-1.1980167http://thetimes-tribune.com/news/library-rain-reclamation-new-chapter-for-city-drainage-improvements-1.1980172http://www.pennlive.com/news/2015/12/local_officials_spend_a_lot_of.html#incart_river_homemailto:[email protected]:[email protected]://environmental.pasenategop.com/120815/http://environmental.pasenategop.com/120815/http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=28853http://www.dep.pa.gov/PublicParticipation/CitizensAdvisoryCouncil/Pages/default.aspx#.Vmgck4Sa10dhttp://environmental.pasenategop.com/files/2015/12/Stevens-Testimony.pdf


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Lancaster, Lebanon, Lehigh, Northampton, and York counties, and for Saturday, December 12

for Bucks, Chester, Delaware, Montgomery, and Philadelphia counties.

On air quality action days, young children, the elderly and those with respiratory

problems, such as asthma, emphysema and bronchitis, are especially vulnerable to the effects of

air pollution and should limit outdoor activities.

The U.S. Environmental Protection Agency’s standardized air quality index uses colorsto report daily air quality. Green signifies good; yellow means moderate; orange represents

unhealthy pollution levels for sensitive people; and red warns of unhealthy pollution levels for

all.

The air quality forecast predicts the weekend to be Code Orange for particle pollution.

Particle pollution, a key component of smog, will remain elevated through the weekend as

unseasonably warm air continues to build northward along the East Coast.

This warmer air, along with light winds at the surface, will create an inversion over the

region. The inversion will help to reduce mixing, allowing particle pollution to rise.

To help keep the air healthy, residents and business are encouraged to voluntarily restrict

certain pollution-producing activities by: Limiting the use of wood stoves in the overnight hours;

Setting thermostats to a lower temperature; Carpooling or using public transportation; andCombining errands to reduce trips.

These forecasts are provided in conjunction with the Air Quality Partnership of the

Delaware Valley , the Southwest Pennsylvania Air Quality Partnership, the Lehigh Valley/Berks

Air Quality Partnership and the Susquehanna Valley Air Quality Partnership.

For more information, visit DEP’s Air Quality Partnership webpage.

NewsClips:

DEP: Expect Unhealthy Air Saturday

Editorial: Ethanol Mandate, More Ping Than Zing

CBF Responds To Brief Seeking To Overturn The Chesapeake Bay Clean Water Program

Chesapeake Bay Foundation President William C. Baker issued this statement Thursday

concerning a brief filed by 22 state attorneys general asking the Supreme Court to overturn the

Chesapeake Clean Water Blueprint.

The brief is in support of the request of the American Farm Bureau Federation and its

allies asking the Supreme Court to hear the appeal of their lawsuit against EPA.

In December, 2010, the Bay jurisdictions and the Environmental Protection Agency

announced pollution limits that would restore water quality in local rivers, streams, and the

Chesapeake Bay.

The states developed individual plans to achieve those limits, with a goal of 60 percent

implementation by 2017 and 100 percent by 2025. In addition, the states committed to takingspecific actions in two-year increments called milestones.

Together, the limits, plans, and milestones make up the Chesapeake Clean Water

Blueprint and represent what many consider the moment in time for clean water.

Within weeks of the announcement, the Farm Bureau and its allies filed suit in federal

court claiming EPA over-reach. CBF intervened in that suit, supporting EPA. After losing in

federal District Court, the plaintiffs appealed to the federal Third Circuit Court of Appeals.

That court agreed with the lower court and rejected the Farm Bureau’s claims.

http://www.cbf.org/how-we-save-the-bay/chesapeake-clean-water-blueprint/what-is-the-chesapeake-clean-water-blueprinthttp://www.cbf.org/http://triblive.com/opinion/editorials/9546319-74/ethanol-fuel-gasolinehttp://www.philly.com/philly/news/20151212_Pa___Expect_unhealthy_air_tomorrow.html?betaPreview=redesignhttp://www.ahs2.dep.state.pa.us/aq_apps/aqpartners/default.asphttp://www.airqualityaction.org/http://www.airqualityaction.org/http://www.spaqp.org/http://www.airqualitypartnership.org/http://www.airqualitypartnership.org/


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Mr. Baker said: “The federal courts were correct in rejecting the claim that the

Environmental Protection Agency exceeded its authority.

“Remember, the states asked EPA to set the pollution limits to help restore water quality

in local rivers, streams, and the Bay. This request came after decades of failed, voluntary

agreements to do so.

“The states and federal agencies working together in partnership under a binding deadlineexhibit exactly the type of “cooperative federalism” that Congress intended when it passed the

Clean Water Act, as Federal Judge Sylvia Rambo and the Third Circuit Court of Appeals both

affirmed.

“The states which support the Farm Bureau are in direct conflict with the six states in the

Bay watershed, all of whom are directly affected by the Bay Blueprint, and none of whom

oppose EPA.

“We believe that the Supreme Court will reaffirm the significant factual and legal support

for Bay restoration established by the lower courts.”

For more background, visit CBF’s Chesapeake Clean Water Blueprint webpage.

NewsClips:

Library Rain Reclamation Part Of Scranton Drainage Improvements Disconnect Downspouts To Aid River In Scranton

Scranton, Dunmore To Net $120M In Sewer Authority Sale

Editorial: Scranton Sewer Deal Promises Long--Term Stability






Click Here to subscribe to the Chesapeake Bay Journal

Related Story:

PA Farm Bureau Joins U.S. Supreme Court Challenge To Chesapeake Bay Cleanup

Dec. 14 Webinar On Smallmouth Bass Populations In The Susquehanna River

The Department of Environmental Protection and Fish and Boat

Commission will be holding a webinar on December 14 starting at

1:00 p.m. to discuss the findings of a multi-year study investigating

the causes of population decline among smallmouth bass in the

Susquehanna River.

The Causal Analysis/Diagnosis Decision Information System

(CADDIS) process was used to identify and eliminate candidatecauses behind a smallmouth bass population crash that began in

2005, as well as a host of other maladies affecting smallmouth bass in the Susquehanna River

basin.

DEP and PFBC staff will outline the need for the study and the analysis of candidate

causes in an online presentation.

Click Here to register for the webinar. Questions will be accepted from credentialed

media at the conclusion of the presentation.

https://copa.webex.com/mw0401lsp13/mywebex/default.do?nomenu=true&siteurl=copa&service=6&rnd=0.3807854397151641&main_url=https%3A%2F%2Fcopa.webex.com%2Fec0701lsp13%2Feventcenter%2Fevent%2FeventAction.do%3FtheAction%3Ddetail%26confViewID%3D3560187394%26%26EMK%3D4832534b0000000204ee0087825948cd4e3a97bfb92b40200c8db38f54ce2d90c0da0fad908e2182%26%26%26siteurl%3Dcopahttp://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=33901http://www.bayjournal.com/subscriptionhttp://www.bayjournal.com/http://www.poconorecord.com/article/20151205/OPINION/151209662https://www.youtube.com/watch?v=e-r9CxOakAQ&feature=youtu.behttp://m.apnews.com/ap/db_268748/contentdetail.htm?contentguid=YlTwoOEXhttp://www.pennlive.com/news/2015/12/local_officials_spend_a_lot_of.html#incart_river_homehttp://thetimes-tribune.com/opinion/unfolding-sewer-dealhas-promise-city-must-convert-cashinto-long-term-stability-1.1980945http://thetimes-tribune.com/news/scranton-and-dunmore-to-net-120m-in-scranton-sewer-authority-sale-1.1980749http://thetimes-tribune.com/news/disconnect-downspouts-to-aid-river-1.1980167http://thetimes-tribune.com/news/library-rain-reclamation-new-chapter-for-city-drainage-improvements-1.1980172http://www.cbf.org/how-we-save-the-bay/chesapeake-clean-water-blueprint/what-is-the-chesapeake-clean-water-blueprint


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For more information on the ongoing study, visit DEP’s Susquehanna River Study

Updates webpage.

NewsClips:

Library Rain Reclamation Part Of Scranton Drainage Improvements

Disconnect Downspouts To Aid River In Scranton

Scranton, Dunmore To Net $120M In Sewer Authority Sale Editorial: Scranton Sewer Deal Promises Long--Term Stability






Click Here to subscribe to the Chesapeake Bay Journal

Related Story:

CBF-PA Action Alert: Lower Susquehanna Needs To Be Listed As Impaired

Berks Conservation District Receives Grant To Help Landowners Protect Streams

The Berks County Conservation District was recently awarded $2,500 to work with landowners

to prevent pollution in our local streams, lakes, and rivers.

The mini-grant was provided through the Conservation Reserve Enhancement Program

(CREP) Outreach Program Office administered by the PA Association of Conservation Districts.

The CREP Program pays farmers and other landowners to conserve and enhance their

land.

Over 12,500 landowners in Pennsylvania have received payments since the program

began.

Berks County Conservation District will use these grant funds to hold a workshop and

field day in July 2016 to explain the financial and environmental benefits of the CREP Program.

“With this funding, anyone who owns land next to a waterway will be invited to find out

if they are a candidate to get paid to conserve and enhance their land,” said Dean Druckenmiller,

Berks County Conservation District Executive. “Over the next ten months, we plan to educate

landowners on the CREP Program and to help those already enrolled in the program with

maintenance issues.”

Through this grant program, twenty projects received funding in twenty-one counties.

Projects include field days, workshops, and one-on-one visits. A more complete listing of

awarded projects is available online

.

Financial and other support for the CREP Outreach Program Office Mini-Grant Program

is provided by the PA Association of Conservation Districts, Inc. through a Growing GreenerWatershed Protection grant from the Department of Environmental Protection and with

additional support from USDA-NRCS.

For more information about the Berks County Conservation District website or call

610-372-4657. For more information about CREP, visit PA CREP website.

New Penn State Ag/Environment Center Citizen Science Program For Stream Restoration

http://www.creppa.org/http://www.berkscd.com/http://goo.gl/Y33Wiwhttp://pacd.org/http://www.creppa.org/http://berkscd.com/http://www.paenvironmentdigest.com/newsletter/default.asp?NewsletterArticleID=34148http://www.bayjournal.com/subscriptionhttp://www.bayjournal.com/http://www.poconorecord.com/article/20151205/OPINION/151209662https://www.youtube.com/watch?v=e-r9CxOakAQ&feature=youtu.behttp://m.apnews.com/ap/db_268748/contentdetail.htm?contentguid=YlTwoOEXhttp://www.pennlive.com/news/2015/12/local_officials_spend_a_lot_of.html#incart_river_homehttp://thetimes-tribune.com/opinion/unfolding-sewer-dealhas-promise-city-must-convert-cashinto-long-term-stability-1.1980945http://thetimes-tribune.com/news/scranton-and-dunmore-to-net-120m-in-scranton-sewer-authority-sale-1.1980749http://thetimes-tribune.com/news/disconnect-downspouts-to-aid-river-1.1980167http://thetimes-tribune.com/news/library-rain-reclamation-new-chapter-for-city-drainage-improvements-1.1980172http://www.dep.pa.gov/Business/Water/PointNonPointMgmt/WaterQuality/Pages/SusquehannaRiverStudy.aspx#.Vms_14Sa10chttp://www.dep.pa.gov/Business/Water/PointNonPointMgmt/WaterQuality/Pages/SusquehannaRiverStudy.aspx#.Vms_14Sa10c


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Looking for a new way to engage community members in streamside restoration efforts? The

Penn State Agriculture and Environment Center and Penn State Extension have worked to

develop a citizen science monitoring protocol that can easily and quickly show volunteers the

good that comes from installing best management practices.

Riparian buffers, livestock fencing, and streambank stabilization structures can

dramatically improve the health of a stream. Unfortunately, most monitoring activities sampledownstream and require many years of sampling to see a change.

This new protocol, First Investigation of Stream Health (FISH), guides landowners or

volunteers to record important environmental features, like vegetation growth, wildlife presence,

and water clarity at restoration sites. These common measures show how the stream and its

neighboring habitat are changing over time.

FISH is a simple, family-friendly activity that asks easy to answer questions about what

you see around a stream. What you record with FISH helps you and others understand how the

health of the stream habitat is changing over time.

You can participate using the paper FISH survey, and thanks to a partnership with

Chesapeake Commons, you can now also use mobile apps and an interactive website .

FISH is available for free. It’s great for landowners with a stream on their property andalso for concerned citizen volunteers interested in observing a stream site on public lands like a

community park.

Stream sections that have recently been restored; cleared of invasive plants, had trees

planted along the bank, had livestock fenced out, or other projects, are the most likely to see

dramatic change over time.

FISH can encourage new landowners to restore their property when positive changes are

recorded at a neighboring project site, according to Penn State AEC Director Matt Royer. “High

deer populations, excellent fishing, and new birds at the bird feeder can be huge motivators for

landowners,” he says.

FISH was originally designed to be completed on paper, but Chesapeake Commons, an

environmentally focused app developer, partnered with the Penn State AEC and Penn State

Extens

Documents

Pa Environment Digest Dec. 14, 2015