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2019 Budget Wrap-Up

Posted on July 3, 2019 Leave a Comment

In the depths of winter, the Administration proposed repurposing the Keystone Recreation, Park and Conservation Fund and the Environmental Stewardship Fund (ESF): $30 million of Keystone Fund monies that would normally be invested in on-the-ground projects would instead be redirected to pay for the general operations of DCNR. Likewise, $16 million of ESF monies would be repurposed to pay for general operations at DEP and other agencies.

In the ensuing months, many of us worked to educate the Administration, senators, and representatives on what a bad proposal this was. Thank you to all who acted. You made a difference in the 2019-2020 state budget.

However, we have a lot of challenging work ahead of us. Here’s a summary of the budget outcomes:

  • The Keystone Fund was left untouched.
  • The Environmental Stewardship Fund was whacked:
    • $16 million for project investments were redirected to pay for government operations in 2019-2020.
    • The fiscal code included an amendment to the ESF’s enabling act so that the General Assembly can also take money in future budget years without having to go to the trouble of amending the ESF’s enabling act like it did this year; this greases the skids for future trouble. The temptation will now be stronger to push government operating expenses into the ESF in future budget years.

There are other items—good and bad:

  • The REAP tax credit gets a $3 million boost to help farmers put in place best management practices to protect waterways.
  • Once again, a large portion ($38 million) of the Oil and Gas Lease Fund was tapped to fund general DCNR operations. This may be unconstitutional, but the courts will have to resolve that. (The courts could find that all Oil and Gas Lease Fund money, which is the income the state receives from leasing State Forest land for drilling, must be reinvested directly into the public lands affected by the drilling.)
  • $2.25 million that was previously provided to Heritage Areas out of general tax dollars will now be paid out of ESF.
  • The Budget Secretary was given the power to redirect up to $45 million of each special fund (Keystone and ESF are just two of many special funds in state government) to pay for DEP and DCNR operations. Although the Governor’s office tells us that no such redirection is contemplated for Keystone and ESF, we will have to be perpetually on guard against changes in thinking.
  • The amendment to SB 575 promoted by the Growing Greener Coalition, which would have permanently relieved the ESF from paying debt service (presently $20 million annually) on Growing Greener 2 bonds, was not considered.

(For a more detailed look at environmental spending in the budget, check out David Hess’s PA Environment Digest Blog.)

So, what does $16 million in lost ESF project investments cost Pennsylvania? $16 million could have been used to:

  • Install 32,000 acres of riparian forest buffer to clean up our streams and rivers; or
  • Restore to life 51 miles of streams harmed by abandoned mine drainage; or
  • Permanently protect 5333 acres of productive farmland—67 80-acre farms; or
  • Take any number of other measures to improve our water quality, reduce flooding, protect wildlife, or create outdoor recreational opportunities.

The Environmental Stewardship Fund was established to fund projects that make lasting improvements in communities. Among its other activities, the Growing Greener Coalition will work in the coming months to refocus the Administration’s and legislators’ attention on this purpose. The Coalition will also work to communicate on the big picture issue that elected officials are ignoring $100s of millions in conservation investment needs.

Again, thank you to all who advocated for the Keystone Recreation, Park and Conservation Fund and the Environmental Stewardship Fund this year. Best wishes for this summer season.

Sincerely

Andrew M. Loza
Executive Committee member, Growing Greener Coalition
Executive Director, Pennsylvania Land Trust Association

Filed Under: Public Policy Tagged With: state budget

Land Trusts, Trail Groups, Local Governments, and Other Landowners Get New Liability Protection

Posted on October 25, 2018 Leave a Comment

On October 24, 2018, Governor Wolf signed Act 98 into law. Act 98 amends the Pennsylvania Recreation Use of Land and Water Act (RULWA) to better protect from liability those who open their properties to the public for recreation without charge. Improvements to the law include:

  1. Explicitly listing paths, paved and unpaved trails, fishing and boating structures, hunting blinds, parking, and other infrastructure associated with outdoor recreation as areas to which the liability protections of RULWA apply.
  2. Clarifying the law to include within the meaning of recreation “exercise, sport, education, recreation, relaxation or pleasure.”
  3. Enabling landowners to collect certain contributions—voluntary ones, in-kind (e.g., receiving a portion of deer meat hunted on the property), and those used exclusively to cover property taxes or liability insurance)—without losing liability protections.

The Pennsylvania Land Trust Association worked for a dozen years to improve liability protections for land trusts, trail groups, local governments, and private landowners that open their land to the public. The Association testified before committees of the General Assembly multiple times, wrote countless letters, and made numerous legislative visits after first thoroughly analyzing the state’s liability protections and identifying deficiencies in 2006.

The Association will be updating its guide Pennsylvania’s Recreational Use of Land and Water Act: Statutory Protection for Property Owners Who Open Their Land to the Public and other guidance in the Managing Liability section of ConservationTools.org to reflect this new development in the law.

Filed Under: Alert/Update, Public Policy Tagged With: legislation

Governor Signs HB 2468

Posted on June 25, 2018 Leave a Comment

Governor Wolf quietly signed HB 2468 (and several other bills) into law on Sunday, June 24. The bill is now Act 45 of 2018.

A correction to the previous PALTA communication: Act 45 should apply retroactively to McCormick Farm, so, hopefully, the Cumberland Valley School District will cease its pursuit of the farm. The district will now have to convince the Orphans’ Court that there is “no reasonable and prudent alternative” if it wishes to take the conserved land.

This should be the last Conservation Advocate alert of the season.

Once again, thank you all for your efforts.

Filed Under: Alert/Update, Public Policy Tagged With: legislation

HB 2468 Is on Governor’s Desk

Posted on June 25, 2018 Leave a Comment

Friday evening, after the Senate passed HB 2468 (37-12), the House voted to concur (177-15) with the Senate’s changes to the bill. The governor is expected to sign the bill.

This is a thrilling victory for conservation!

This landmark, bipartisan legislation provides a crucial safeguard for conservation easements from the unnecessary exercise of eminent domain by school districts and other local units of government. And with it, the General Assembly once again affirms the value of conservation easements in Pennsylvania.

If you reached out to your legislators on this legislation, thank you! Your outreach brought the bill to the finish line. Passage was far from guaranteed—not even remotely likely a few weeks ago—but each of your calls and emails brought us closer to victory. Thank you for acting when needed.

Representatives Warren Kampf (Montgomery/Chester), Kate Harper (Montgomery), and Marcy Toepel (Montgomery) were the chief sponsors. Without their leadership, there would have been no legislation introduced, never mind a bill at the Governor’s desk. Thank you, representatives! Kudos also to Senator Bob Mensch (Berks/Bucks/Montgomery), who played a key role in the bill’s passage.

Every legislator who voted for the bill deserves thanks. Please extend your thanks to them. Find their votes:

  • Senate (6/22/18)
  • House (6/19/18)

(Find your legislator here.)

As near as PALTA can tell, HB 2468 provides the most far-reaching safeguard for conservation easements against unreasonable exercise of eminent domain in the nation. This achievement is a credit to Pennsylvania’s robust community of land trusts, the wonderful places they have conserved for the public benefit, and the relationships of land trust people with state and local community leaders.

For those concerned with the present eminent domain battles, note that HB 2468 does not apply retroactively. Thus, Natural Lands will continue to challenge the Cumberland Valley School District’s taking of McCormick Farm in court. (Also, the Pennsylvania Land Trust Association plans to file an amicus brief in this case.) Regarding, Stoneleigh, the Lower Merion School District may continue to explore eminent domain but, in addition to having to face a very upset public, it will be bound by the new law, which at its heart states:

The orphans’ court shall review the proposed condemnation and approve the proposed condemnation only if the court determines there is no reasonable and prudent alternative to the utilization of the land subject to a conservation easement for the project.

Thank you once again for all of your efforts!

Filed Under: Alert/Update, Public Policy Tagged With: legislation

PALTA Letter to Senators (6/21)

Posted on June 21, 2018 Leave a Comment

The Pennsylvania Land Trust Association sent the following letter to all Pennsylvania state senators and their chiefs of staff on June 21, 2018.

Subject: Support HB 2468. Stop irresponsible eminent domain.

Dear Senator:

On behalf of the 75 member organizations of the Pennsylvania Land Trust Association and the 120,000 Pennsylvanians they count as members, I write to request that you:

(1) ask Senate leaders to have the vote on HB 2468 today or tomorrow,

(2) vote for HB 2468, and

(3) oppose all amendments.

HB 2468 defends conservation easements from irresponsible eminent domain, ensuring that the would-be condemner will look for reasonable and prudent alternatives to the condemnation before proceeding.

Respect Civic-Minded and Generous Donors

Families who donate conservation easements for the public good should not see their civic-mindedness and incredible generosity punished by school districts (or other government bodies) thoughtlessly condemning these easements and the land they conserve. HB 2468 provides respect for these landowners and the benefits they thoughtfully establish for the public.

Uphold a Conservative Tool for Conservation

Conservation easements are a non-regulatory, property-rights-based tool. They are used to conserve special places for the public’s benefit without resort to regulation and without requiring public ownership. They keep land in private ownership. Poorly considered eminent domain threatens this conservative approach to protecting the places people care about. HB 2468 protects this crucial tool for conservation.

A Fair and Balanced Approach

The legislation is fair and balanced. The bill only requires a search for reasonable and prudent alternatives to taking a conservation easement. In requiring orphan’s court review, HB 2468 establishes a review process for conservation easement condemnations analogous to that provided by the Agricultural Lands Condemnation Approval Board (ALCAB) for lands in agricultural security areas.

Respecting Our Constitution

Article 1, Section 27 of the Pennsylvania Constitution states that:

The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.

A conservation easement accomplishes such preservation pursuant to public policy, and the legislation ensures that the government does not act heedless of the people’s right to it. Since environmental rights don’t exist in a vacuum, the legislation doesn’t block eminent domain; it only requires that before exercising eminent domain on a conservation easement, the condemner look for reasonable and prudent alternatives.

It’s only reasonable that governments should look for reasonable and prudent alternatives before jumping to take conserved lands, upending the expectations of community members that their beloved special places are there for the long run.

Thank you for your consideration.

Sincerely,

Andrew M. Loza
Executive Director
Pennsylvania Land Trust Association

Filed Under: Advocacy, Alert/Update Tagged With: conservation easement, legislation

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Land Trusts, Trail Groups, Local Governments, and Other Landowners Get New Liability Protection

October 25, 2018

On October 24, 2018, Governor Wolf signed Act 98 into law. Act 98 amends the Pennsylvania Recreation Use of Land and Water Act (RULWA) to better protect from liability those who open their properties to the public for recreation without charge. Improvements to the law include: Explicitly listing paths, paved and unpaved trails, fishing and […]

Governor Signs HB 2468

June 25, 2018

Governor Wolf quietly signed HB 2468 (and several other bills) into law on Sunday, June 24. The bill is now Act 45 of 2018. A correction to the previous PALTA communication: Act 45 should apply retroactively to McCormick Farm, so, hopefully, the Cumberland Valley School District will cease its pursuit of the farm. The district […]

HB 2468 Is on Governor’s Desk

June 25, 2018

Friday evening, after the Senate passed HB 2468 (37-12), the House voted to concur (177-15) with the Senate’s changes to the bill. The governor is expected to sign the bill. This is a thrilling victory for conservation! This landmark, bipartisan legislation provides a crucial safeguard for conservation easements from the unnecessary exercise of eminent domain […]

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