December 30, 2011

Jan. 2 PA Environment Digest Now Available

Jan. 2 PA Environment Digest now available.  Click Here to print this Digest.


Major Environmental Legislative Issues In 2012, Same As 2011


Following his 12 minute inaugural address last January, Gov. Corbett did not start his administration with the usual laundry list of "to-dos" like most Governors.  He only had one-- bring in an on-time budget without raising taxes.
            He accomplished that goal with the help of his Republican colleagues in the Senate and House literally at the 11th hour in June 30 with very painful cuts reducing the size of state government by 4.1 percent.
            The new FY 2011-12 budget preserved the disastrous Rendell cuts to environmental programs,  but at least didn't make too many more.  The bright spots were the Resource Enhancement and Protection (REAP) Farm Conservation Tax Credit Program, which was restored to its full $10 million in funding, and a transfer of $15 million from the PA Infrastructure Investment Authority to the H2O Water Infrastructure Program administered by the Commonwealth Financing Authority.
            After the budget, Marcellus Shale legislation was the top environmental priority for the year, which ultimately did not make it to the Governor's desk and is now in conference committee.

Friday NewsClips

Special Elections Caused By Redistricting May Confuse Citizens
Blog: Top Stories: No. 3 Fight Over Education Funding
Sen. Mary Jo White Retiring In 2012
Janine Orie Ordered To Stand Trial
Working On Orie Campaign: I Knew It Was Wrong
Op-Ed: Step Down Justice Melvin
Column: Legal System Needs To Rethink Insanity
Judge OKs $2 Million Kids-For-Cash Distribution
Editorial: A Toast To The Liquor Ministry
Editorial: A Stand For Voting Rights
State Employees' Birthdates Protected From Right-To-Know Law
NCC To Host Casino Operations Session
Unemployment Claims In PA Drop
Harrisburg Receiver Rescheduled Public Forum For Jan. 18
Click Here for today's Environmental NewsClips

December 23, 2011

Dec. 26 PA Environment Digest Now Available

Dec. 26 PA Environment Digest now available.  Click Here to print this Digest.

Merry Christmas And A Happy New Year From Crisci Associates!

Tony, John, Ron, Lauren, Donna and Dave want to wish you and yours a Merry Christmas and a prosperous New Year!

House Unanimously Nonconcurs In Marcellus Shale Legislation Sending Bill To Conference

House Republicans and House Democrats combined Tuesday, for different reasons, to vote unanimously to nonconcur in Senate changes to House Bill 1950 (Ellis-R-Butler) which would amend the Oil and Gas Act to include additional environmental protection measures relating to Marcellus Shale drilling and a statewide drilling fee.

End Of Fiscal Year Deficit Of $500 Million Expected, More Spending Cuts Coming

Budget Secretary Charles Zogby Tuesday said during his mid-year budget briefing the Corbett Administration expects an end of fiscal year deficit of $500 million.  As a result, Secretary Zogby said his office is preparing a list of current year spending cuts the Governor will consider before the end of the year.
            Secretary Zogby said the bottom line is the Governor is likely to need about $750 million to bring the FY 2012-13 budget into balance.  He said the Governor is not going to make up this shortfall with tax increases.
            State agencies have already been asked to submit a budget assuming a further 5 percent reduction in spending, with no exemptions, but Secretary Zogby said no decisions have been made on any line items.

Corbett Signs Natural Gas Pipeline Safety Bill Into Law

Gov. Tom Corbett Thursday signed into law House Bill 344 (Baker-R-Tioga) establishing regulatory oversight of natural gas pipelines in the Commonwealth to the Public Utility Commission.

House Votes To Approve Largest Bond Issue In State's History

The House Monday took final action on two bills which would authorize $6.2 billion in new state bonds be issued, the largest bond issue ever for the Commonwealth.
            Why isn't there a similar commitment to passing a reasonable Marcellus Shale drilling fee and funding billions of dollars of much needed green infrastructure repair and upgrades?

Friday NewsClips

Corbett Signs GOP-Drawn Congressional Map Into Law
Column: Never Vote For These Lehigh Valley Traitors
Corbett Signs New Abortion Clinic Rules Into Law
New Rules For PA Abortion Clinics
DeWeese Corruption Trial On Track For January
DeWeese Vows Court Fight, Calls Charges Petty, Unfounded
Legislators Call Highmark-UPMC Deal A Very Small Step
Corbett Works Behind The Scenes On Highmark-UPMC Deal
Legislators Eye Return To Reviews As Hospitals Build
Op-Ed: Tom Corbett The Grinch
PA Lands $41.3 Million For Education
PA Supreme Court Judge Issues Opinions In Rhyme
Incoming Allegheny County Executive Names Transition Team
Harrisburg Council Files Another Appeal Of Bankruptcy
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December 20, 2011

House Unanimously Nonconcurs In Marcellus Shale Legislation Sending Bill To Conference

House Republicans and House Democrats combined Tuesday, for different reasons, to vote unanimously to nonconcur in Senate changes to House Bill 1950 (Ellis-R-Butler) which would amend the Oil and Gas Act to include additional environmental protection measures relating to Marcellus Shale drilling and a statewide drilling fee.
            Last week, Senate Republicans gutted the House-passed version of the bill and inserted the language from Senate Bill 1100 (Scarnati-R-Jefferson) passed earlier by the Senate and sent the bill back to the House.  (A summary, the Senate Fiscal Note and the House Fiscal Note are available for the bill.)

            House Democrats said the bill was inadequate in terms of the amount of money raised by a drilling fee, like the House-passed optional county adopted fee, and environmental protection measures are inadequate.
            Democrats attempted several amendments to the bill in the House Rules Committee which failed along party lines before the bill went to the full House for the concurrence vote.  Rep. Eddie Pashinski (D-Luzerne) tried amendments again on the House Floor, but they failed to get a two-thirds vote to suspend the rules to have the amendments considered.
            House Republicans said the earlier House-passed bill took a balanced approach to dealing with Marcellus Shale issues and funded valuable programs like Growing Greener through a transfer from the DCNR Oil and Gas Fund.
            The bill must now go back to the Senate for a vote on whether they will insist on their amendments before the bill can formally go to a conference committee.  The Senate returns to session January 3, but the first voting day is now scheduled for January 17.
            What's A Conference Committee?
             In practical terms it probably does not matter when the Senate votes to insist on its amendments because difficult negotiations, which have been going on for weeks, will continue between the Senate and House Republicans and the Governor's Office to come to some sort of compromise.
            A conference committee consists of six members-- three from the House and three from the Senate.  Two members from each chamber are from the majority party and one from each chamber from the minority party.  Four votes are needed to approve a conference committee report.
            If an agreement is approved by the committee, the conference committee report is presented to the Senate and House for an up or down vote.  Amendments are not allowed unless the rules of each chamber are suspended by a two-thirds vote.


Related Links
Analysis: What We Lose If There's No Final Action On A Marcellus Shale Bill
Analysis: Should Taxpayers Spend $75 M A Year On Zack & Miri Make A Porno?
Analysis: Senate, House Each Passed Marcellus Bills, Where Do We Go?  Easy!
Analysis: Will We Get A Chevy Or A Pinto Out Of Marcellus Shale Debate?
Analysis: Is 8 Years Long Enough To Wait To Update PA's Drilling Law?

House Sends Congressional District Bill To Governor

Senate Bill 1249 (Pileggi-R-Delaware) providing for Congressional reapportionment was approved by the House 136 to 61 this afternoon after House Republicans beat back multiple attempts by House Democrats yesterday to amend the bill with their own proposals for designating districts or to delay consideration of the bill until next year.  The bill now goes to the Governor for his action.

End Of Fiscal Year Deficit Of $500 Million Expected, More Spending Cuts Coming

Budget Secretary Charles Zogby Tuesday said during his mid-year budget briefing the Corbett Administration expects an end of fiscal year deficit of $500 million.  As a result, Secretary Zogby said his office is preparing a list of current year spending cuts the Governor will consider before the end of the year.
           He said there is more than $1 billion in unavoidable spending growth which needs to be accommodated in the 2012-13 state budget.  He pointed to a $520 million in increase school ($320 million) and state employee ($200 million) pension costs, $400 million increase in Medical Assistance and an $80 million increase in debt service, inspite of efforts to cut costs.

            Secretary Zogby said the bottom line is the Governor is likely to need about $750 million to bring the FY 2012-13 budget into balance.  He said the Governor is not going to make up this shortfall with tax increases.
            State agencies have already been asked to submit a budget assuming a further 5 percent reduction in spending, with no exemptions, but Secretary Zogby said no decisions have been made on any line items.
            He also noted next year there will be an increase in Unemployment Compensation insurance for businesses, additional steps taken in controlling Corrections costs and more cuts or automatic sequestration of federal funding which will all have an impact on planning for FY 2012-2013.
            When asked if the Governor will be addressing transportation funding needs, Secretary Zogby said the state continues to see a weak economy and reductions in state revenue which Gov. Corbett said would affect his decision on when to propose a transportation funding package.
            Secretary Zogby's Release
            “Gov. Corbett inherited a $4.2 billion deficit when he took office in January,” Secretary Zogby said in delivering his mid-year budget briefing to legislators. “Working with the General Assembly, he was able to sign an on-time 2011-12 budget that did not raise taxes and that cut spending from the previous fiscal year by 4.1 percent, or $1.17 billion.
            “The work of returning the Commonwealth to fiscal stability, however, is far from complete,” Secretary Zogby said. “Because of the continuing weakness in the national economy, we now project that revenues for the 2011-12 fiscal year will be $500 million below estimate. This anticipated shortfall, combined with projected growth of $800 million in Medical Assistance, debt service and school employee pension costs in 2012-13, will lead to serious budgetary challenges for the Commonwealth this year and next.”
            When Gov. Corbett took office in January, the 2011-12 deficit was projected to be almost 14 percent of estimated expenditures, Zogby said. The enacted 2011-12 budget eliminated 66 appropriation line items, cutting $822 million in annual spending. It reduced funding for another 226 appropriations and consolidated an additional 52 appropriations to streamline government. The budget reduced administrative spending by 4 percent and cut more than 1,000 positions in Commonwealth government.
            “These measures helped restore Pennsylvania’s budget to fiscal stability, but they mark the beginning, not the end, of the process,” Secretary Zogby said. “Given the state of the economy, the governor and lawmakers will need to make many more difficult decisions about Commonwealth spending in the months ahead.”
            In his first year in office, Gov. Corbett has done much to stimulate the state’s economy by supporting employers and adding private-sector jobs, Secretary Zogby said. These accomplishments include reinstating the phase-out of the Capital Stock and Franchise Tax, increasing the Research and Development Tax Credits from $40 million to $55 million and creating the Marcellus Shale Advisory Commission to develop recommendations on all aspects of natural gas drilling.
            “The surest remedy for a weak economy is job creation,” Secretary Zogby said. “The governor’s focus on supporting free enterprise and limited, transparent and effective government is helping to restore Pennsylvania’s economy to health.”
            Threats To Budget Stability
            The greatest threats to state budget stability – in the current fiscal year and in 2012-13 – come from factors that are largely beyond the control of the administration, Secretary Zogby said. These include:
-- The persistent weakness in the national economy.  Since the 2011-12 budget was enacted in June, most economists have significantly lowered their forecasts for economic growth for 2011 and 2012.         -- The economic forecasting firm Global Insight, for example, has cut nearly in half its outlook for growth in real U.S. Gross Domestic Product in the Commonwealth’s 2011-12 fiscal year. In May the firm’s forecast for this indicator was 3.0 percent. By December, Global Insight had revised its forecast to 1.7 percent.  Forecasts for growth in consumer expenditures and wages and salaries also have been revised downward.
-- The ongoing economic crisis in Europe. Uncertainty about the fate of the euro and the European Union, along with Europe’s growing debt crisis, has created global economic instability that has prolonged the stagnation of the U.S. economy and delayed its recovery.
-- Uncertainty over federal funding.  The failure last month of the congressional deficit supercommittee triggered automatic sequestration cuts of 8.8 percent in federal funding to states. Without any action by Congress and the president, these will take effect in January 2013. 
-- Health care cost inflation that is contributing to the rise in Medical Assistance health care and long-term care costs. In the 2012-13 budget, additional costs in these two areas alone are expected to be $400 million.
-- Commonwealth pension costs.  Pension cost growth in the 2012-13 budget will be $520 million: $320 million for public school employees’ retirement and another $200 million for state employees’ retirement.
-- Debt service.  This cost is expected to grow by $80 million in 2012-13, providing additional impetus for the administration and lawmakers to develop a capital spending plan that will put debt service costs on a sustainable path.
            “Gov. Corbett’s commitment to fiscally responsible state government has not wavered since his election last year,” Secretary Zogby said. “If anything, the budgetary challenges facing the Commonwealth have only strengthened his resolve. By adhering to fiscal discipline and reality-based budgeting, Gov. Corbett will guide the Commonwealth through the tough times that lie ahead.”

Tuesday NewsClips

House Members Hurry To Wrap Up Loose Ends
House Returns Unemployment Comp Bill To Senate
Capital Budget Funds Approved For Bridges, Roads
House Authorizes $1.7 Billion In New Borrowing
Sex Offender Bill's OK May Net Federal Money
Op-Ed: Alternatives For Nonviolent Offenders
Editorial: Liquor Law Is Ludicrous
Democrats' Effort Fails To Alter GOP-Drawn District Map
34,000 Erie Democrats Moved Under Redistricting Plan
Editorial: Shock & Awe- New 11th Congressional District
Legislators Seek To Expand Open Records Law
Justice Orie Melvin's Name Prominent In Grand Jury Report
GOP Foes Line Up In Bid To Oust Casey
Rep. Christinana Won't Run For Congress
Erie Democrat Sues Corbett Over Firing
PA Not Gingrich Country GOP Money Man Says
Harrisburg Receiver Bids To Join Court Fight Over Incinerator
Click Here for today's Environmental NewsClips

December 19, 2011

House Votes To Authorize $6.2 billion In State Bonds

The House tonight took final action on two bills which would authorize $6.2 billion dollars in new state bonds to be issued. 
Senate Bill 1310 (Gordner-R-Columbia) providing for the repayment of monies loaned from the federal government to pay unemployment compensation, including authorization for $4.5 billion in state bonds to pay the debt, the largest in state history, was amended yet again "to clear up internal inconsistencies" on the House Floor on Third Consideration and passed by the House 193 to 1.  The bill must return to the Senate for a concurrence vote.
Senate Bill 1054 (Corman-R-Centre) providing for a $1.7 billion increase in the Capital Budget debt limit was reported from the House Appropriations Committee and passed by the House 119 to 75, but only after the Speaker held the vote open for a little longer than normal.  The bill now goes to the Governor for his action.

House Republicans Beat Democratic Amendments On Reapportionment

House Republicans beat back multiple attempts by House Democrats to amend Senate Bill 1249 (Pileggi-R-Delaware) providing for Congressional reapportionment with their own proposals for designating districts or to delay consideration of the bill until next year.  The bill is now in position for a final vote Tuesday.

Monday NewsClips

Legislature Wraps Up Loose Ends
Congressional Redistricting Puts PA Congressmen At A Distance
New Liquor Bill Gets Mixed Reviews
Op-Ed: LCB Must End Its Mission Conflict
Editorial: No Driving And Phoning
Hummelstown Revels In Its Link To Gingrich
Editorial: Abortion Clinic Legislation Passes On A Pretext
Retiring CCAC Professor Leaves Labor Of Love
Op-Ed: Pennsylvania's Cities Are Worth Saving
Click Here for today's Environmental NewsClips

December 16, 2011

Dec. 19 PA Environment Digest Now Available

Dec. 19 PA Environment Digest now available.  Click Here to print this Digest.

Marcellus Shale Bill Apparently Headed To Formal Conference Committee

After 2 hours of sometimes animated debate and voting on more than half dozen amendments by Senate Democrats, the Senate Wednesday voted 28 to 22 to send House Bill 1950 (Ellis-R-Butler), the Marcellus Shale legislation, back to the House where it sits in the House Rules Committee awaiting an uncertain future.
            But the bill is not the same one the House passed. Last week, Senate Republicans gutted the bill in Committee and added the language from Senate Bill 1100 (Scarnati-R-Jefferson) passed earlier by the Senate.
            Sen. Scarnati said during the debate the intent is to have the House vote to nonconcur in the Senate amendments and send the bill to a formal conference committee.
            Gov. Corbett issued a statement welcoming the movement of the Marcellus bill.
            "I thank Sen. Scarnati and his colleagues for their strong leadership on this issue,” Corbett said. “This is a significant step forward toward finalizing a strong and sensible Marcellus Shale legislative package."
            “While productive discussions are ongoing and continue to resolve the various issues related to Marcellus Shale, today’s action reaffirms the strong commitment of the Senate to achieve our common goals of safe and responsible natural gas development in Pennsylvania,” Corbett said.
            In response to this week's events on Marcellus and other issues, House Majority Leader Mike Turzai (R-Allegheny) was quoted as saying, "Marcellus has never been our issue. School reform has never been our issue. We didn’t campaign on it."
            In fact, Rep. Turzai's Week Ahead memo outlining the bills likely to be voted on next week does not include House Bill 1950.
            Guess we know where House GOP Leadership stands.
            Senate Democrats, lead by Sen. John Yudichak (D-Luzerne), Minority Chair of the Senate Environmental Resources and Energy Committee, offered more than half a dozen amendments to increase the drilling impact fee, increase bonding levels and setbacks from streams, remove the limits on local government regulation of drilling as a land use, adoption of a moratorium on additional leasing of State Forest lands for drilling and provisions related to the award of attorney's fees related to appeals.
            The amendment raising the impact fee caused a significant controversy after the Senate floor vote reached a tie at 25 - 25.  Lt. Gov. Cawley, the presiding officer of the Senate, closed voting while one Senator was seeking recognition to change his vote to yes.
            Sen. Yudichak also tried to amend the bill with a similar impact fee increases in the Senate Appropriations Committee prior to the floor debate.
            The Senate-amended House Bill 1950 is in the House Rules Committee for now awaiting further action next week when the House will be in voting session for two days.
            What's A Conference Committee?
            This maneuvering simply means difficult negotiations will continue between the Senate and House Republicans and the Governor's Office to come to some sort of compromise on a workable Marcellus Shale drilling fee proposal and a laundry list of environmental protection measures.
            A conference committee consists of six members-- three from the House and three from the Senate.  Two members from each chamber are from the majority party and one from each chamber from the minority party.  Four votes are needed to approve a conference committee report.
            If an agreement is approved by the committee, the conference committee report is presented to the Senate and House for an up or down vote.  Amendments are not allowed unless the rules of each chamber are suspended by a two-thirds vote.
NewsClips: 
No Drilling Fee In 2011, Bill Likely Headed To Conference Committee

Friday NewsClips

Corbett's Top Legislative Priorities Will Not Pass In 2011
Corbett Administration Courts Democrats On Capital Budget
Editorial: Time to Modernize Alcohol Sales
House Set To Vote Next Week On Congressional Districts
Congress Remap Would Help Discourage Bipartisanship
Op-Ed: New Senate District Bad Move For Harrisburg
Editorial: Parties Rule In Redistricting
Lawmakers Don't Think Cell Phone Ban Would Pass In PA
Capitol Building Loses Power, Restored Shortly After
Will State Continue To Roll Dice With Mount Airy?
Bill To Impact State Abortion Clinics
Legislator Explains Her Backing Of Abortion Crackdown
Op-Ed: Why Does State Government Want Our DNA?
House Passes Bill To Force UPMC, Highmark Arbitration
NCC Picks New President
State's Jobless Rate Falls In November
Former Dauphin County GOP Chair To Seek Senate Seat
Click Here for today's Environmental NewsClips