in the 2017-2018 pa legislative session environmental policy...environmental bills/issues...
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Environmental Policy in the 2017-2018
PA Legislative SessionJoanne Kilgour - Chapter Director
PA Legislature: What You Need to Know
▶ Introduction to the Pennsylvania Legislature
▶ Environmental Bills/Issues Anticipated in 2017-2018
▶ PA Budget 2017
▶ Questions?
Introduction to the PA Legislature
▶ 253 Members of the Legislature
▶ 50 State Senators (34 R, 16 D)
▶ 203 State Representatives (121 R, 82 D)
▶ Full-Time Legislature, 2-Year Session
Introduction to the PA Legislature▶ Senate Leadership
▶ President of the Senate Mike Stack (D)
▶ President Pro Tempore Joseph B. Scarnati III (R)
▶ Majority Floor Leader Jake Corman (R)
▶ Minority Floor Leader Jay Costa (D)
▶ House Leadership▶ House Speaker: Mike Turzai (R)
▶ Majority Leader: Dave Reed (R)
▶ Minority Leader: Frank Dermody (D)
Introduction to the PA LegislatureStanding Committees
▶ Senate Environmental Resources and Energy
▶ Majority Chair: Senator Yaw (Williamsport)
▶ Minority Chair: Senator Yudichak (Nanticoke)
▶ House Environmental Resources and Energy
▶ Majority Chair: Rep. Maher (Upper St Clair)
▶ Minority Chair: Rep. Carroll (Hughestown)
Environmental Bills/Issues Anticipated in 2017-2018 Session
Ability to Regulate Methane: SB 175
▶ Introduced by Senator Reschenthaler from SWPA
▶ Would restrict the ability of PA to have stronger regulations on methane than those of the federal government
▶ Controlling methane leaks from natural gas operations could reduce emissions of heat-trapping gases, protect human health and save natural gas companies money by reducing the loss of product
▶ President Trump and Congress may seek to repeal federal rules regulating methane from the natural gas industry
Environmental Bills/Issues Anticipated in 2017-2018 Session
Industrial Opt-Out of Act 129 (former SB 805)
▶ Pennsylvania’s Act 129 requires the state’s electric utilities to invest in energy efficiency
▶ Act 129 saved consumers over $2.4 billion in electricity costs
▶ Last session, Senator Lisa Boscola sponsored Senate Bill 805 that would allow large commercial and industrial users to opt out of Act 129, which would reduce the electricity savings for other customers including families, churches, schools and small businesses – and could raise electricity rates for everyone.
Environmental Bills/Issues Anticipated in 2017-2018 Session
Support PA Solar - (SB 404 – Scavello, R)
▶ This bill could boost solar energy in Pennsylvania
▶ Create additional investments in solar by placing PA on a more level playing field with other states with respect to how the solar requirements of our AEPS are met
▶ Requires a modest, but growing percentage of electricity sold in PA to come solar generate within the borders of the state
▶ Language has been amended into administrative code
Environmental Bills/Issues Anticipated in 2017-2018 Session
▶ Riparian Buffers (former SB 560, Rafferty, R)
▶ Require a 100-ft riparian buffer on each side of a river, stream, or lake
▶ Require 300-ft buffer on each side of a HQ or EV stream
▶ Public-Private Partnerships for State Parks (former HB 2013, Ellis, D)
▶ DCNR currently has discretion to enter into PPP agreements on state lands and has several, such as for vendors and concessioners
▶ Could create more outside pressure for privatization in land management decisions
▶ Energy Mix: Future of Nuclear Generation and Post-CPP
Environmental Bills/Issues Anticipated in 2017-2018 Session
▶ Legislative Approval of Regulations - (cosponsor memo DiSanto, R)
▶ Provides the legislature final approval/disapproval power for any regulatory action over $1M in cost, without Governor’s final signature.
▶ Safe Drinking Water
▶ Lead in public water supplies, EPA concerns over DEP ability to implement the Safe Drinking Water Act
▶ Debate Over Pipeline Permits – stop/slow down vs. expedite
Environmental Bills/Issues Anticipated in 2017-2018 Session
State Budget and Related Legislation
▶ Overall issues related to insufficient funding for environmental protection, environmental programs
▶ Concern over the process
▶ Overdue since June 30
▶ Fiscal Code
▶ Tax Code
▶ Administrative Code
Budget 2017: Tax Code Tax Code - Senate Version
▶ The Tax Code in general provides for revenue and changes to the tax law (or should if done appropriately)
▶ House Bill 542:
● Establishes a low natural gas severance tax on top of the current impact fee, and directs none of the proceeds to the environment.
● Mandates that DEP privatize or outsource to third parties all reviews of permit applications within one year.
● House Bill 542 also creates an Air Quality Permit Advisory Committee that would give the majority party in the General Assembly unprecedented and possibly unconstitutional control over the approval of all general operating permits for new unconventional oil and gas operations.
● Finally, House Bill 542 would grant automatic approval to any unconventional oil and gas permits not denied by DEP within a specified, narrow time frame.
Budget 2017: Administrative Code Administrative Code - Senate Version
House Bill 118:
● Extends the sunset date of Act 101, Pennsylvania’s recycling program to 2023.
● Promotes the solar industry in Pennsylvania by eliminating the current loophole that allows solar energy generated in other states to satisfy the Pennsylvania solar requirements in our Alternative Energy Portfolio Standards law.
● Allows coal companies to discharge more toxic manganese into our waters by ordering the Environmental Quality Board to replace Pennsylvania’s longstanding limits on manganese with new limits that would exempt dischargers more than 5 miles from a known intake for drinking water. Manganese is a toxin that can impact the central nervous system of both humans and wildlife. These new standards would be 20 times weaker than current federal guidelines if promulgated.
● Requires DCNR to study the creation of a state park in Wyoming County. I understand the property in question is a 669-acre tract along the Susquehanna River that is owned by the North Branch Land Trust.
Budget 2017: Fiscal Code Fiscal Code - House Version
House Bill 453:
● This bill may be the primary vehicle for raids on Keystone, Growing Greener and farmland preservation
● Reduces the annual transfer to the Environmental Stewardship Fund by $15 million
● Raids $30.4 million that the Commonwealth is receiving from state-level settlement with Volkswagen when the automaker defrauded the public by selling diesel vehicles that evaded emission standards and released illegal levels of pollution. Pennsylvania’s claims were based on air quality and public health impacts, and the proceeds should be used to improve air quality.
● The bill requires the Auditor General to not only audit both the Susquehanna and Delaware River Basin Commissions, but forces the commissions to pay for the expensive audits.
Questions?
