HOUSE MOVES KEY BILL TO ADDRESS DRUG OVERDOSE EPIDEMIC

On Sept. 17, the House voted unanimously to approve SB 1164, a bill which includes major provisions of the CCAP overdose priority. The legislation will increase access to Naloxone, a rescue drug that can reverse the effects of a drug overdose, and allow its administration by medical service providers, law enforcement, and friends and family of someone suffering from an overdose. In addition, SB 1164 offers immunity from prosecution for individuals who transport a person experiencing a drug overdose or report in good faith a drug overdose to access medical attention.

The bill returns to the Senate for a vote on concurrence in amendments that were adopted in the House. Senate Majority Leader Dominic Pileggi (R-Delaware), who also sponsored the bill, indicated that the vote is likely to occur the week of Sept. 22.

At the same time, another critical component of a comprehensive strategy to address the substance abuse and drug overdose epidemic remains before the General Assembly - establishing a prescription drug monitoring program, as contained in SB 1180 and HB 1694. A drug monitoring system would afford prescribers and pharmacists a means of assuring that individuals who legitimately need pain medication have access to it, while also offering a means of identifying potential abusers. Senate Bill 1180 is currently before the House Health Committee, while HB 1694 is currently before the Senate Health and Public Welfare Committee. 

COUNTY PENSION LAW COLA

The House Finance Committee voted unanimously on Sept. 15 to move legislation clarifying language in the County Pension Law relative to the calculation of cost of living adjustments for retirees. Senate Bill 1078, sponsored by Sen. Sean Wiley (D-Erie), would allow counties to grant a limited COLA, keyed to just the most recent year.

HOUSE SENDS DPW RENAMING BILL TO GOVERNOR

Legislation to change the name of the Department of Public Welfare (DPW) to the Department of Human Services is on its way to the Governor's desk. On Sept. 17, the House of Representatives voted 155-35 to concur in Senate amendments to HB 993, introduced by Rep. Tom Murt (R-Montgomery). The Senate had added language to establish a toll-free telephone number and e-mail address for individuals to report suspected fraud or abuse of public assistance programs in early July before approving it 49-0. 

WATERS OF THE U.S. UPDATE

On Sept. 9 the U.S. House of Representatives voted 262-152 to approve the Waters of the United States Regulatory Overreach Protection Act, H.R. 5078. H.R. 5078 would prevent the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers proposal to define "Waters of the U.S." under the Clean Water Act from moving forward. Concern has been expressed by many, including local government and the agricultural community, that the definition would extend EPA authority much farther than the current rivers and streams.

At the same time, seven states (New York, Illinois, Connecticut, Maryland, Delaware, Rhode Island and Washington) and the District of Columbia backed the proposed rulemaking in a Sept. 16 letter to the EPA and Army Corps. In the letter, the group argued that "the proposed rule's clear categories of waters subject to the Act would alleviate much of the jurisdictional uncertainty and allow for more efficient administration of the Act."

BILL REMOVING BUFFER REQUIREMENTS ADVANCES

The PA House Environmental Resources and Energy Committee recently reported HB 1565, introduced by Rep. Marcia Hahn (R-Northampton), to remove the regulatory requirement for a 150-foot buffer for earth disturbance activity in a High Quality (HQ) or Exceptional Value (EV) watershed. The legislation would assure such buffers could still be used as an option among best management practices and design standards where appropriate. As part of the priority on waterway infrastructure and maintenance, counties believe a review of this buffer requirement is warranted to assure environmental protection is balanced with sustainable land use and development.

Committee chair Rep. Ron Miller (R-York) offered an amendment requiring in certain cases that a project provide a replacement buffer in the same drainage basin. The amendment was adopted by a 17-5 vote, and the bill as amended was reported by a 15-7 vote. 

HOUSE PANEL HOLDS HEARING ON SUNSHINE LAW AMENDMENTS

The House State Government Committee held a hearing Sept. 16 on HB 2408, sponsored by Rep. Jim Christiana (R-Beaver), which would amend the state's Sunshine Act regarding public notice of meetings. Specifically, HB 2408 would require counties and other public agencies to provide notice at least 24 hours in advance of every regular meeting, and would require the public notice to include the meeting agenda. The bill would also preclude any business matter not on the agenda from official action, with the exception of emergency matters affecting safety of individuals or security of property. The Sunshine Act currently requires local governments to provide public notice of their first regular meeting of the calendar year or fiscal year, along with the schedule of its remaining regular meetings, at least three days before the first meeting, and does not mandate publication of the meeting agenda.

Counties take their responsibility to include the public in the governance process seriously, and agree with the importance of openness and transparency while maintaining an appropriate balance between access to information, and economic and practical feasibility. In that context, CCAP submitted written comments to the committee opposing HB 2408, noting the bill's requirements would serve little additional public purpose while adding an unnecessary and unfunded mandate in significant advertising cost increases. Further, CCAP noted that the bill's prohibition of official action on non-advertised agenda items would likely prevent local governments from promptly responding to time-sensitive issues or issues raised by constituents not listed on the published agenda. Additionally, almost all (if not all) counties post their meeting schedule on their websites, which is increasingly the first place the public looks for meeting notice. Many counties also maintain lists of media, and provide public sign-up, for direct emails of meeting notices and other public announcements.