Updates
September 3, 2010
Many conservation districts have contacted their PA House and Senate members over the last few weeks concerning dedicated funding for conservation districts. Thanks to all of those who have participated in the PACD severance tax campaign so far. We have a long way to go, but elected leaders are hearing from our members. Please encourage further communication between our conservation district directors and legislators to continue the momentum we have begun.
Some of you have know that PACD has been meeting with a number of associations, DEP, DCNR, and the governor’s office on a weekly basis to strategize a campaign geared toward securing funding from a severance tax for environmental purposes including dedicated funding for the conservation district fund and the environmental stewardship fund. PACD has also been communicating with legislators, expressing our support for a severance tax that includes dedicated funding for conservation districts.
Nothing is in print, but most likely the House will consider a severance tax the week of September 13, 2010 through an amendment to an existing piece of legislation. Right now, the proposed language includes a 39 cent fee per 1000 cubic feet of extracted gas. The distribution of funds will include a 3.1% carve out for the Conservation District Fund generating approximately $15 million and a 14.4% portion directed to the Environmental Stewardship Fund generating $70 million by 2014.
Ideas are being discussed by Senate leadership concerning a severance tax. The proposal places environmental programs in one fund, with all the groups vying for potential dollars. There does not seem to be a specific dedicated fund for conservation districts in the proposal. PACD is concerned that having one fund for environmental programs will potentially require conservation districts to compete against themselves for the same grant dollars. It does not make much sense for that to happen. Additionally growing greener grants do not address personnel funding to implement the projects. Our challenge, therefore, is to convince the Senate to carve out a portion of the severance tax dedicated to the Conservation District Fund.
If you have not already done so, please consider contacting your elected leaders. Also, please encourage your district directors and farmer constituents to contact their House and Senate members. Consider sending out a “letter to the editor” or a guest editorial in your local newspapers in favor of the severance tax, and perhaps even hosting a press event such as a press conference. PennFuture is holding a series of meetings entitled, “Keep the Promise” events in various locations across the state and participating in these media events will show conservation district support for dedicated funding. Most importantly, face to face meetings with your state House/Senate members is crucial before the PA General Assembly returns to Harrisburg in mid-September.
The gas industry is spending enormous amounts of money to stop the severance tax. They have hired numerous lobbyists including former Governor Tom Ridge and are working hard to derail severance tax legislation while furthering their own agenda including “pooling” and prohibiting local control.
Good luck troops!
Nutrient Trading Displays Available
PACD has nutrient trading table top displays available for conservation district use geared toward the agricultural community, advertising the benefits of participating in nutrient credit trading and how conservation districts can assist farmers. Anyone interested in borrowing the displays should contact the PACD office.
Representative Boback Sponsoring E & S Legislation
Representative Karen Boback announced her intention to introduce legislation that would restore county conservation districts’ authority over erosion and sediment control in gas extraction activities. Over the last several weeks, PACD has been working with the legislator to draft language for her bill to reflect our concerns about the 2009 DEP decision to remove conservation districts from the E & S control process. The goal of the legislation is to give conservation districts the option of acting as the primary local government unit responsible for the conservation of natural resources and implementing programs to address soil erosion, storm water management and flood control.
August 20, 2010
Chapter 102 Regulations Published in the PA Bulletin on Saturday
The Chapter 102 regulations will be published in the PA Bulletin on
Saturday, August 21, 2010. DEP is developing a fact sheet on the
regulations including a FAQ section and would like conservation district
input.
Jennifer Orr is requesting assistance on this guidance document that will
be distributed to regions and conservation districts. Anyone with
suggested questions for the FAQ section of the paper should contact
Jennifer Orr at jeorr@state.pa.us.
Example: We have permits that are already in the door and are waiting on
something to be able to make them final. Are these permits going to be
subject to the new regulations?
Please respond by Wednesday, September 1 with your questions.
UPDATE:
The final Chapter 102 regulations were published in the PA Bulletin on August 21, 2010. The effective date of the regulation will be November 19, 2010. You can get a copy of the regulation at the following address: http://www.pabulletin.com/secure/data/vol40/40-34/40_34_p3.pdf. The regulations start on page 25 (4885) of the document.
PACD Testifies At Two Hearings during Ag Progress Days
PACD representatives spoke at two hearings during this week’s Ag Progress Days at Penn State University. Don McNutt spoke at a joint state House/Senate hearing on the Chesapeake Bay and Dan Dunmire spoke at a U.S. House Agriculture Committee hearing on conservation district activities.
At the first hearing, U. S. Reps. Tim Holden, Kathy Dahlkemper and Glenn Thompson were on hand to hear comments from conservation, university and agriculture officials about issues surrounding the next farm bill including research on energy, specialty crops, conservation and hardwoods. Dan did a great job explaining what conservation districts do on a daily basis. At the second hearing Don McNutt expressed to state House and Senate Agriculture Committee members the findings of two pilot studies concerning voluntary BMP’s. See Don’s testimony on the PACD website here.
August 4, 2010
This year $4.5 million in state tax credits were available for REAP. The State Conservation Commission (SCC) received over $6.8 million in requests for projects. Therefore the SCC will close the application period on August 9, 2010.
The SCC is now in the process of logging and reviewing all applications received. Applicants can expect to receive notification from the Commission on their application within the next several weeks (no later than 60 days). Applications which we are unable to approve because the credit limit has been reached on other projects will be kept on file and considered first should additional credits become available.
If you have questions, please feel free to call Mary Bender at 717-787-8821.
Marcellus Shale Drillers in PA Amass 1435 Violations in 2.5 years According to the PA Land Trust Association
The PA Land Trust Association (PALTA) identified a total of 1435 violations accrued by 431 Pennsylvania Marcellus Shale drillers between January 1, 2008 and July 25, 2010, using PA DEP records. Of these 952 violations are judged as having the most potential for direct impact on the environment.
These violations do not include violations incurred by drilling wastewater haulers. The most excessive violations were:
- 277 improper erosion and sediment plans developed/implemented;
- 268 improper construction of waste water impoundments;
- 154 discharge of industrial waste; and
- 100 violations of PA Clean Streams Law.
To see the report, please go to the PALTA website at: www.conserveland.org.
Marcellus Shale Legislation Introduced
Senator Lisa Baker introduced two bills providing additional protection to drinking water from the impacts from Marcellus shale natural gas well drilling.
SB 1451 requires gas well and wastewater treatment operators to be certified by DEP. SB 1452 requires each oil and gas well permit to be accompanied by information regarding the zone of influence of the well site on groundwater and an analysis of the time a potential release of drilling fluids would reach the nearest waterways; a preparedness, prevention and contingency plan; and a plan for notifying all downstream water users in the event of a spill.
The bill requires the notification of all public drinking water system operators within the water within 10 days of receiving a permit; a requirement that wells not be drilled within 1,000 feet of a building or water well without the consent of the owner; not within 1,000 feet of any stream, spring or body of water; or 1,000 feet of any wetlands or within 3,000 feet of a drinking water reservoir. The permit application must also contain a groundwater monitoring and sampling plan before, during and after drilling.
Rep. Mundy Bill To Track Wastewater From Marcellus Shale Drilling Operations
Rep. Phyllis Mundy announced plans to introduce legislation to create a simple, transparent tracking and reporting system for wastewater produced by Marcellus Shale natural gas wells.
The legislation allow the public to track wastewater produced by requiring Marcellus Shale well operators to semi-annually report production data from each gas well to the Department of Environmental Protection. The legislation would expand the law to cover wastewater produced by Marcellus Shale gas wells. DEP would make the information available to the public on its website. Specifically, HB 2608 would prohibit natural gas drilling companies that use fracking or horizontal drilling from drilling wells within 2,500 feet of a primary source of supply for a community water system, such as a lake or reservoir. The current restriction is only 100 feet;
Rep Mundy also recently introduced HB 2609 would establish a one-year moratorium on the issuance of new natural gas drilling permits to give the General Assembly and Commonwealth more time to put appropriate protections into law and regulation. Finally House Resolution 864 would urge Congress to pass the Fracturing Responsibility and Awareness of Chemicals Act. The act would repeal a provision in the federal Safe Drinking Water Act that exempts oil and gas drilling industries from restrictions on hydraulic fracturing operations located near drinking water sources, a provision known as the “Halliburton Loophole.” The FRAC Act would also require oil and gas industries to disclose all hydraulic fracturing chemicals and chemical constituents currently considered proprietary rights of the company.
Severance Tax Advocacy Strategy Developed
PACD has developed an advocacy program specifically geared toward the passage of a PA severance tax that includes dedicated funding for conservation districts. The goal is to convince legislators to vote for a severance tax that designates a portion of the tax to the Conservation District Fund.
The PA General Assembly has made the commitment to pass a severance tax by October 1, 2010. As a result PA legislators and their staff are working now to develop a draft proposal which will be considered when the General Assembly returns to Harrisburg in mid-September.
Over the next few weeks, PACD will be generating template documents for conservation districts to utilize as we collectively share information with elected leaders, local press, and constituents impressing the importance of dedicated funding for conservation district activities.
Click here for a template letter (or e-mail) that conservation districts and individual district directors can send to their Senators and House members. We need to generate as many letters as possible. Please consider sending this template out by August 15, 2010. Also, please consider sending a copy of the letter to the Governor via his website at this link.
Click here for a new fact sheet on the severance tax. Several PACD members expressed an interest in a new fact sheet to send to legislators. At this point, the General Assembly has not chosen a specific bill number or a specific formula to generate and distribute potential funds from a severance tax. As a result, please emphasize the importance of generating $15 million in dedicated funding for the Conservation District Fund rather than endorsing a particular piece of legislation. By emphasizing the need for conservation district inclusion into the distribution formula rather than a specific bill, we may be able to avoid confusion later in the legislative process.
As always, thank you for your participation in the PACD legislative program. Together we have a chance to secure dedicated funding for conservation district programs and activities for years to come.
