legislation – Page 7

HB 2224 dies as the Senate wraps up its last voting day of 2012

Posted on October 18, 2012 Leave a Comment

This letter was sent to PALTA partners on October 20, 2012

Dear Friends and Colleagues,

Celebration is in order…HB2224 has been defeated!

Although HB 2224 was scheduled for a vote, the Pennsylvania Senate completed its last voting day of the 2011-2012 legislative session Wednesday night (10/17) without taking that vote. The Senate will not vote on bills during its lame duck session starting November 14.

HB 2224 would have radically changed PA law. Local parks that weren’t acquired in particular ways would have lost long-standing protections under the law, making them vulnerable to political whims and quick sale for easy cash. Park safeguards would have depended on the method of acquisition decades or centuries ago.

Our success in stopping HB 2224 is a testimony to the phenomenal outreach that you all made to your legislators. Thank you all so very much.

Please take a few minutes today to WRITE A THANK YOU LETTER OR MAKE A THANK YOU CALL (even better, do both) TO YOUR LEGISLATORS AND THEIR AIDES who expressed concern about the potential for HB 2224 to harm our parks. They need to hear from you that their efforts or willingness to put the brakes on HB 2224 is appreciated.

If bill proponents still wish to see legislation enacted, they will have to start by introducing a new bill in 2013. PALTA will make sure that park supporters and conservationists are properly informed and engaged in the new legislative process from the beginning.

Again, thank you everyone for each of your individual parts in protecting our local parks.

Andy Loza, Executive Director
Pennsylvania Land Trust Association

Urge Legislature to Protect Wildlife

Posted on January 31, 2014 Leave a Comment

The Pennsylvania Land Trust Association joined several conservation and environmental organizations in urging the legislature to oppose House Bill 1576 and Senate Bill 1047. These proposals would undermine the ability of our wildlife management agencies to protect the mammals, birds, fish, reptiles and amphibians of the Commonwealth.

The current process allows scientists and wildlife management experts from the Pennsylvania Fish & Boat Commission and the Pennsylvania Game Commission to designate state threatened and endangered species, and wild trout streams in the case of the Fish & Boat Commission, on the basis of the best scientific data available. Among our serious concerns with the legislation, House Bill 1576 and Senate Bill 1047 would subject these decisions to an additional, lengthy and cumbersome regulatory review process requiring the approval of persons with no particular expertise in science or wildlife management.

Call your state representative and senator and ask them to oppose HB 1576 and SB 1047 – tell them:

The current process allows scientists and wildlife management experts from the Pennsylvania Fish & Boat Commission and the Pennsylvania Game Commission to designate state threatened and endangered species, and wild trout streams in the case of the Fish & Boat Commission, on the basis of the best scientific data available.
This legislation, House Bill 1576 and Senate Bill 1047, would subject decisions related to wildlife management to an additional, lengthy and cumbersome regulatory review process requiring the approval of persons with no particular expertise in science or wildlife management.
The current methods list species is deliberate, grounded in scientific data, subject to rigorous analysis and review by other scientists and resource professionals, and open to public comment.
If these bills become law, Pennsylvania could lose $27M in federal funding that would be used for wildlife protection and conservation efforts.
Protecting species at the state level is the most effective way to prevent their decline and extinction nationally. Effective state conservation programs are critical to avoiding a listing under the federal Endangered Species Act, and the requirements that accompany such a designation.

Please urge the legislature to protect the wildlife of Pennsylvania and oppose House Bill 1576 and Senate Bill 1047.

HB544 Would Improve RULWA

Posted on January 30, 2014 Leave a Comment

June 5, 2014

HB 544 would amend the Recreational Use of Land and Water Act (RULWA) to reaffirm the General Assembly’s support for landowners who, out of the goodness of their hearts, open their lands to public use for hunting, hiking, biking and other outdoor recreational purposes.

The Recreational Use of Land and Water Act isn’t delivering on its purpose. It doesn’t adequately limit the liability for personal injury or property damage of private landowners who wish to provide a public service. It doesn’t adequately protect charitable nonprofits. And through its inadequacies, it fails people of all walks of life, who are left with fewer opportunities to hike, bike, hunt, bird-watch and otherwise enjoy the outdoors.

HB 544 acknowledges the valuable public service provided by landowners – public and private – who choose to open their land to the public. It benefits not only these landowners but also the general public, who get to take advantage of the resulting recreational opportunities.

The Pennsylvania Land Trust Association’s member organizations work with landowners to conserve their land and to provide safe and responsible recreational opportunities to the public. Landowner fear of liability is often the central obstacle to efforts to establish trails and other recreational opportunities for people of all ages. The obstacle, to the detriment of the public, is frequently insurmountable.

HB 544, as presently drafted, will ensure public-minded decisions to provide access won’t be punished with undue liability. PALTA sent a letter to House Representatives to urge them to support HB 544 and oppose all amendments.

Download Letter to House of Representatives (12/16/2013)

Download PALTA Testimony (3/18/2013)

HB544 (2013-14)

Act 115 of 2013 Improves PA’s Open Space Law

Posted on January 30, 2014 Leave a Comment

Approved on December 18, 2013, Act 115 amends Pennsylvania’s Open Space Law (Act 442 of January 19, 1967, as amended), which authorizes the Commonwealth and its local government units to preserve, acquire or hold land for open space uses and provides for municipal referenda for dedicated open space taxes. The amendment provides greater flexibility and clarity to local municipalities in managing their open space programs.

Allows Some Revenue to be Used for Maintenance and Development

The amendment provides that in addition to acquiring land and easements, dedicated open space taxes may now be used to:

Develop, improve, design, engineer and maintain open space acquired with dedicated open space taxes in order to provide open space benefits.* (Up to 25% of open space taxes may be used for this purpose.)
Prepare the resource, recreation or land use plan needed to acquire open space under the law.

The new flexibility to use a portion of the taxes for development and maintenance enables municipalities with well established open space protection programs to better steward their protected lands and and build trails and other recreational facilities that provide open space benefits. This flexibility may also encourage more municipalities to hold referenda to establish open space programs now that they know that they can use a portion of the revenue to care for and create recreational opportunities on the open space.

Brings Clarity Regarding Repeal

Act 115 also brings an important clarification to the Open Space Law. The law did not provide a mechanism for rescinding a dedicated open space tax if the tax is no longer needed or desired. Act 115 makes clear that repeal may only occur through voter referendum (rather than an up-down vote by township supervisors or other governing board). This is consistent with the principle that what is created by voter referendum should only be undone by voter referendum.

History of House Bill 1523

The Pennsylvania Senate voted 50-0 on 12/10/13 to pass House Bill 1523–what is now Act 115. The bill, sponsored by Montgomery County’s Marcy Toepel, passed the House 194-0 on 10/2/2013. The Governor signed the bill on 12/18/13.

The Pennsylvania Land Trust Association actively engaged in the development of the bill and supported its enactment.

Public Statements on Act 115 of 2013 (House Bill 1523)

Andy Loza, executive director of the Pennsylvania Land Trust Association, stated that:

Open space programs will continue their great success if we ensure that the protected open spaces are well maintained and, as appropriate to the particular land, provide quality recreational opportunities. The amendment provides an important vehicle to accomplish this. It also ensures that open space programs can’t be undone without a vote by the citizens who created it.

Dulcie Flaharty, executive director of the Montgomery County Lands Trust and PALTA advisor stated that:

For many municipalities, who wisely enacted Open Space Funding programs through referendum, there has been an increasing realization that they must do more to responsibly steward their land and make these properties attractive to their citizens. HB 1523 will help communities thoughtfully manage their open lands for public benefit and encourage the ongoing preservation of strategic parcels.

Resources

House Bill 1523, Printer’s No. 2030

* Open space benefits are defined by the law to be:

The benefits to the citizens of the Commonwealth and its local government units which result from the preservation or restriction of the use of selected predominantly undeveloped open spaces or areas, including but not limited to: (i) the protection and conservation of water resources and watersheds, by appropriate means, including but not limited to preserving the natural cover, preventing floods and soil erosion, protecting water quality and replenishing surface and ground water supplies; (ii) the protection and conservation of forests and land being used to produce timber crops; (iii) the protection and conservation of farmland; (iv) the protection of existing or planned park, recreation or conservation sites; (v) the protection and conservation of natural or scenic resources, including but not limited to soils, beaches, streams, flood plains, steep slopes or marshes; (vi) the protection of scenic areas for public visual enjoyment from public rights of way; (vii) the preservation of sites of historic, geologic or botanic interest; (viii) the promotion of sound, cohesive, and efficient land development by preserving open spaces between communities.

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.