John E. Barley

 

 

Legislative Update

 

 

 

George B. Wolff 

One might expect that after the whirlwind of activity that surrounded the late passage of the Commonwealth’s FY 2007/08 budget that legislators would thankfully trade in their business attire for flip flops and suntan lotion, but that hasn’t been entirely possible since the ink barely dried on the budget signing when someone threw water on the document. Even though it didn’t fully meet the recommendations proposed by the Governor’s Transportation Task Force, the compromise on transportation funding did manage to appropriate dedicated funding for roads and bridge infrastructure and transit funding.

However, two Pennsylvania congressmen objected to the provision for collecting tolls on Interstate 80 and introduced an amendment to the federal transportation bill to prevent such action. Additionally, they introduced separate legislation addressing the same subject in the event the amendment doesn’t pass. Backlash to this action has been swift and heated with the Governor and other transportation allies insisting that these efforts to derail the transportation funding program will not succeed and that the plans for tolling I-80 will move forward.

Federal Farm Bill
The federal 2007 Farm Bill, H.R. 2419, plowed ahead with passage in the House of Representatives shortly before legislators broke for their August recess. The farm bill sowed funding into conservation, farmland preservation, dairy, specialty crop production, nutrition, energy, and other areas. Programs continued in the 2007 Farm Bill include the Milk Income Loss Contract (MILC) program, the Conservation Reserve Program (CRP), the National Organic Certification Cost-share Program, Farm and Ranchland Protection Program (with a doubling of funds), the Environmental Quality Incentive Program (EQIP) with $5 million specifically directed to specialty crop producers, USDA’s Healthy Forest Reserve program with an added Emergency Forest Restoration Program (compensating private landowners whose forests were destroyed by natural disasters such as wildfires), the reauthorization and expansion of energy programs specifically geared towards researching, producing and developing renewable and bio-based energy sources, and the Food Stamp program including changes to income reporting requirements that expand nutrition assistance eligibility to more households. Overall changes were made on direct payments and on loan payments for certain crops and grains. Lending limits for beginning and socially disadvantaged farmers were increased and special loan guarantee programs were established with priorities for that same group for building conservation structures and establishing conservation practices.

Labeling standards for implementing mandatory Country of Origin Labeling (COOL) were also incorporated into the bill. Under the House’s Democratic majority, the Farm Bill passed easily enough but now faces a potential thrashing on the Senate floor where it is expected that the scythe will slice through some of the generous subsidies that many claim reward wealthy landowners and distort the farm economy. President Bush has threatened to veto the bill if payment eligibility rules aren’t reduced from $1 million to $200,000.

Budget Leftovers Served in Fall Session
True to his word that issues not resolved during the budget deliberations would be revisited when legislators returned in September, Governor Rendell issued a proclamation to convene a special session on September 17th “to consider any and all legislation regarding funding for and the making of investments in clean and renewable energy, energy conservation, and economic development efforts relating thereto, and the establishment of requirements regarding the renewable energy content of liquid fuels.”
Governor Rendell also plans to push his healthcare agenda and wanted to revisit his funding request for the Jonas Salk Legacy Fund. He was advised that the Senate had no plans to take up the House bill that provided the requested $35 million in funding from the tobacco settlement money that would be used as collateral for borrowing $500 million for this research program.

Firewood Alert
If you thought gypsy moth infestation was a threat to Pennsylvania’s forests, be prepared for the newest bug coming soon to a forest near you, the Emerald Ash Borer. This Asian-imported pest first surfaced in Michigan in 2002 and has since migrated to other states. Its presence was identified in Butler County in June and, in an effort to contain its migration, the Pennsylvania Department of Agriculture has issued a ban on the importation of out-of-state firewood for Butler, Lawrence, Allegheny and Beaver counties. This ban includes all wood processed or unprocessed, coniferous or hardwood, meant for use in a campfire or other outdoor or indoor fire. Kiln-dried, packaged firewood marked with the producer’s name and address and labeled as kiln-dried and/or USDA certified is exempt from this quarantine.

The adult beetles are dark green, one-half inch in length and one-eighth inch wide, and fly only from early May until September. However, their larvae spend the rest of the year feasting beneath the bark of the trees and can decimate ash trees within three years of initial infestation. An estimated 20 million ash trees in North America have already been destroyed or infested by this pest. More information on the emerald ash borer and information on specific quarantine orders can be accessed through the Department of Agriculture’s website at www.pda.state.pa.us or by calling 717-772-5229.

Ag Progress Days
Rock Springs was abuzz with activity last month as it celebrated all things agricultural. Fields of farming equipment, livestock exhibits, educational lectures and demonstrations all contributed to a summer-like version of the Pennsylvania Farm Show with a more academic flair.

Both U.S. Senators spoke at the annual luncheon. Senator Arlen Specter discussed the need for an immigration plan that gives agriculture and ag-related industries the ability to legally employ foreign residents and to help the immigrants and their employers meet rules and regulations without fear of being prosecuted. Senator Casey discussed the need for beginning to limit U.S. involvement in Iraq and relayed his impressions after being to Iraq and visiting Pennsylvania service personnel. Attorney General Tom Corbett talked about the active role his office is taking in the enforcement of the ACRE regulations and believes that because local government and agriculture can now more accurately assess what is legal and what isn’t, the caseload of referrals to his agency is slowing down. His office currently has a few cases before the State Supreme Court and many ordinances have been either dropped or altered because of the scrutiny from the Attorney General’s office. He stated that anyone who believes there are problem ordinances should refer them to his office and he will be diligent in reviewing those cases. The Attorney General also reminded citizens that if they were previously on the Do Not Call list, they must reapply by the end of September. Citizens can do so by calling his office or going on-line at www.AttornyGeneral.com and click on the Do Not Call block to re-register. They hope that 1,500,000 people will register by the September 30 deadline.

Senator Brubaker praised the Republican and Democrat members of the Senate Agriculture Committee for their good working relationship and their desire to pursue agriculture’s concerns. Representative Mike Hanna expressed the same sentiment on behalf of the House’s Agriculture Committee. Grange Master Betsy Huber participated in a joint public hearing of the House Agricultural & Rural Affairs Committee and the House Education Committee that explored agriculture careers and education. In addition to the traditional ag-related careers, comments made during this hearing opened a lot of minds to the opportunities in general science, genetics, engineering, and computer science – all careers that are acutely needed to make today’s agriculture function and are also financially significant opportunities for today’s youth.

Drought Dollars
On behalf of Pennsylvania farmers who have suffered crop losses and damage due to drought conditions and severe storms, Governor Rendell urged USDA Secretary Mike Johanns to authorize low interest emergency payments for farmers in 22 of the 58 counties placed under drought watch. The Pennsylvania State Emergency Board estimated the damage in these counties at 30%. Emergency loans will help farmers to recover from the damages until their crop insurance claims can be processed. Under new rules, farmers can contact their USDA-authorized loss adjusters about their crop damage and the adjusters can advise them of the size of sample strips to be saved for their viewing so that the farmers can tend to the remaining acreage without first waiting for the on-site visit. For more information on Pennsylvania’s crop insurance program, go to www.agriculture.state.pa.us and click on the crop insurance box.

More Bite in Dog Law
Attorney General Tom Corbett’s office announced that attorneys from the Pennsylvania Department of Agriculture can represent dog wardens who are prosecuting summary violations of the Dog Law, thus putting more teeth in the prosecution process that was previously deliberated by the dog wardens themselves. Maybe this move will take a bigger bite out of offenses against canine critters.

Odds and Ends
Two energy-related bills did pass and were signed into law since last month’s report.
House Bill 1203, sponsored by Rep. John Hornaman (D-Erie) amends the Alternative Energy Portfolio Standards Act passed in 2004 defining the percentage of electric energy from solar photovoltaic and solar thermal technologies that must be phased in over a 15-year period, identifies the owner of the alternative energy credits, further defines certain energy terms and awards full retail value for excess energy produced by net-metered customer-generators.

House Bill 1530, sponsored by Rep. Frank Dermody (D-Allegheny), provides for duties of electric distribution companies requiring electric energy to be procured through competitive procurement processes. HB 1530 also permits electric distribution companies or commission-approved alternative energy suppliers the authorization to offer customers of 15 megawatt usage to contract for an established rate at all of the customer’s meter locations within the supplier’s distribution territory. Additionally, customers with a peak 20 megawatt usage or higher can acquire an interest in an electric generation facility within its distribution territory or construct its own electric generation facility to meet the energy demands of all of its facilities within that distribution territory.