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Governor Wolf Signs Executive Order Reinstating Moratorium On New Leases For Oil and Gas Development In State Parks and Forests

Posted on January 30, 2015

On January 29, 2015, Governor Tom Wolf signed an executive order reinstating a moratorium on new leases for oil and gas development in state parks and forests. At an event in Benjamin Rush State Park, Governor Wolf signed the executive order with members of the General Assembly in attendance.

“Natural gas development is vital to Pennsylvania’s economy, but so is the economic and environmental viability of our parks and forests,” said Governor Wolf. “This is about striking the right balance. Our state parks and forests are unique assets that should be preserved, protected, and utilized by our residents for recreational purposes.”

Pennsylvania’s Department of Conservation and Natural Resources (DCNR) has concluded that additional leasing jeopardizes the agency’s ability to sustain the commonwealth’s gold-standard forest certification, which is vital the economic and environmental well-being of the state’s parks and forests. The executive order states that effective immediately, DCNR is directed to protect the lands of the Commonwealth that are held in trust for its citizens and for future generations, and subject to future advice and recommendations made by DCNR, no State Park and State Forest lands owned and/or managed by DCNR shall be leased for oil and gas development.

Filed Under: Alert/Update, Public Policy Tagged With: DCNR, governor, state forests, state parks

Statement by Andrew M. Loza, Executive Director of the Pennsylvania Land Trust Association

Posted on January 15, 2015

January 15, 2015

Governor-elect Tom Wolf selected for his chief of staff and secretary of planning and policy, two former DEP secretaries—two individuals who care deeply about the air we breathe, the water we drink and the land that we sleep, work and play on. Now, we learn that he will appoint John Quigley and Cindy Dunn as secretary of environmental protection and secretary of conservation and natural resources, respectively. Extraordinarily excellent choices.

John Quigley in his tenure as secretary of conservation and natural resources at the tail end of the Rendell Administration was candid and outspoken in addressing the threats that natural gas operations present to our publicly owned state forests; during his past four years in the private sector, he has both carefully analyzed the impacts of natural gas development and dedicated substantial energy to identifying pathways to protect the integrity of the land, water and air that we share. Cindy Dunn, in her past capacities with PennFuture, the state and the Audubon Society, has consistently been a thoughtful and consistent advocate for the protection of our common resources and the public health.

With these personnel decisions, the governor-elect is demonstrating, out of the gate, an outstanding commitment to the protection of our Commonwealth.

When a family loses their drinking water because of mining or gas development, they have reason to be upset and angry. When a community’s air is degraded by industrial emissions, it has a right to demand protection under the law. It’s understandable that those most negatively impacted would ask the Governor, the General Assembly and the courts for justice. It’s right that they ask the public to support them in their time of need.

It is understandably maddening to have such need and understandable to assertively seek redress. However, no matter where one stands regarding natural gas development and acceptable levels of community impacts, consider this: Governor-elect Tom Wolf is making good appointments. Even if you disagree with his positions on natural gas, take the time to acknowledge positive steps. Celebrate that he has chosen people with a demonstrated commitment to the protection of public health and natural resources. Show that, although you will make heavy demands of him in the coming months, you aren’t unreasonable—that you will acknowledge good steps when they are taken.

And keep in mind the words of Otto von Bismarck, the renowned statesman and First Chancellor of Germany: “Politics is the art of the possible.” Whether a profound observation or a trite remark, the words hold true 148 year later. The governor-elect and his appointees have to work in the world of politics. They have to work in a Pennsylvania where the vast majority of the public supports natural gas development. They have to work with huge Republican majorities in the Pennsylvania House and Senate that stalwartly support the natural gas industry. They have to work within the boundaries of the law as policed by the courts, a body of law that is supportive of gas development.

This is the reality for any appointee—no matter their experience and commitment. Fortunately, the governor-elect has started with individuals with substantial experience and commitment.

Filed Under: Advocacy Tagged With: DCNR, DEP, governor

HB1565 Passes, Signed by Governor

Posted on October 20, 2014

On October 15, 2014, by a vote of 118 to 79, the House gave final approval to House Bill 1565 (Hahn-R-Northampton) that would weaken DEP requirements for stream buffers in Special Protection Watersheds.  In September, the House passed an earlier version of the bill by the vote of 119 to 79.  The bill now goes to the Governor for his action.

Click Here to see how your House member voted. House action Wednesday followed a vote by the Senate Tuesday which approved the bill by a vote of 27 to 22.  Click Here to see how your Senate member voted.

Prior to its final Senate action, Sen. John Yudichak (D-Luzerne), Minority Chair of the Senate Environmental Resources and Energy Committee, amended the bill to change the provisions of the bill to give applicants the option to install practices other than a stream buffer, but only if they can prove other practices are “substantively equivalent to” a stream buffer.

The amendment also changed the provision allowing the installation of a buffer in other areas, but “as close as feasible to the area of disturbance” to limit the replacement buffer to areas within the same watershed.

Update: Governor Corbett signed the bill into law on October 22, 2014.

Source: PA Environment Digest

Filed Under: Alert/Update, Public Policy Tagged With: governor, legislation, riparian buffer, water quality

Governor Corbett Signs 2014-15 Budget and Fiscal Code

Posted on July 1, 2014

On July 10, Governor Corbett signed the 2014-15 budget (House Bill 2328) and fiscal code (House Bill 278), line item-vetoed specific  legislative appropriations and placed legislative spending initiatives into budgetary reserves.

On June 30, the Pennsylvania Senate (26-24) and House (108-95), passed this Republican-written budget. (In subsequent days, the General Assembly also passed the fiscal code, legislation important to implementing the budget.)

The budget leaves the Keystone Recreation, Park and Conservation Fund untouched. Likewise, farmland preservation and Growing Greener. These conservation investment programs will continue to deliver lasting results in 2014-15.

Thanks to everyone who reached out to their legislators regarding conservation funding! Your outreach made a difference.

Legislators who advocated for conservation funding deserve thanks. Please take a few minutes today to write a THANK YOU LETTER or make a THANK YOU CALL to your legislators who expressed support for conservation funding when you were reaching out to them. They need to hear from you that their support is appreciated. (Note that given the political complexities, a yes or no vote on the budget is not fair gauge of conservation support.)

Other features of the budget include the following:

  • The budget pattern of funding an increasing share of DCNR operations via the Oil and Gas Lease Fund rather than general tax revenues continued. (The Oil and Gas Lease Fund is where lease payments and royalties from drilling on State Forests are deposited.)
  • $95 million in revenue from additional leasing of State Forest and State Park for no surface disturbance gas extraction was budgeted. Additional leasing that does not include the right to surface disturbance is consistent with Governor Corbett’s new executive order regarding leasing.
  • REAP and historic preservation tax credits were left in place.
  • $500,000 was cut from the line item for the Delaware River Basin Commission.
  • The Heritage Areas Program line item in DCNR was increased by the General Assembly from the Governor’s originally proposed $2.5 million to $2.75 million. The Governor subsequently line-item vetoed $500,000 of this line item–one veto among many $10s of millions of vetoes made to budget expenditures passed by the General Assembly.

 

Filed Under: Alert/Update, Public Policy Tagged With: farmland, governor, Keystone Fund, state budget

Stormwater Bill Signed into Law

Posted on July 25, 2013 Leave a Comment

Governor Corbett signed into law Act 68 on July 9, 2013 which enables Pennsylvania municipalities to address storm water issues with the option of creating storm water authorities.

Municipal authorities are independent agencies authorized by municipalities to manage public works services.  Local and county government entities have utilized authorities to address a wide variety of public services – from sewer and water to park and recreation. However, prior to the signage of Act 68, many municipalities believed they lacked the legal ability to create authorities specifically to address storm water issues.

Background

On June 12, 2013, the House Local Government Committee approved bills to help Pennsylvania communities address storm water issues. The identical bills,  SB 351 (sponsored by Senator Ted Erickson), which passed the Senate (49-1) on April 16, and HB 821 (sponsored by Representative Kate Harper), specifically grant municipal authorities the power to engage in storm water management. While this power may be inferred to already exist under current law, there is disagreement as to whether this is actually the case. The bills make the General Assembly’s authorization for authorities to manage stormwater clear.

The bills also allow municipalities to create a joint authority with neighboring municipalities to work together on stormwater issues.

The bills are supported by several local government and environmental organizations including the Pennsylvania State Association of Boroughs, the Pennsylvania Municipal Authorities Association and PennFuture.

Filed Under: Public Policy Tagged With: governor, legislation, water quality

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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