The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have again extended, from Oct. 20 until Nov. 14, the deadline for comments related to their jointly proposed rule that would amend the definition of "Waters of the U.S." The extension is to allow the public to comment on a soon-to-be released document, known as the "connectivity report," providing the scientific basis for the proposed rule. The draft report has been under review by EPA's Science Advisory Board (SAB) but has not been finalized. Even with the extension of the comment period into November, it is still not known when the connectivity report will be released.

In the meantime, the state Department of Environmental Protection (DEP) on Oct. 8 submitted its formal comments to the EPA and the Army Corps. In the comments, Deputy Secretary of Water Management Kelly Heffner requested the agencies withdraw the proposed rulemaking, noting the rule as drafted creates more confusion than it clarifies, ultimately causing unnecessary delay in permitting and potentially undermining strong state programs. In addition, the comments request the federal agencies to make a more thorough review of existing state laws and regulations, especially the Pennsylvania Clean Streams Law, which clearly defines the Waters of the Commonwealth and has provided the basis of Pennsylvania's regulatory framework since 1937. DEP's full comments can be found by going to CCAP's Legislative Action Center.

On Oct. 14, Snyder County Commissioner Joe Kantz joined other local government officials and representatives of the agriculture industry at a roundtable on the proposed rule convened by U.S. Senator Pat Toomey (R-PA) and Congressman Scott Perry (R-York) to discuss the negative impacts of the proposed rule in the commonwealth. During the press conference that followed, Kantz explained that Pennsylvania has a strong history of protecting water quality and that the proposed rule would only create more administrative and resource burdens, while shifting oversight to a federal agency that does not know the local environmental issues as well as Pennsylvania and its counties. 

A detailed analysis compiled by NACo, as well as materials for counties wishing to coment on the local impact of the proposal, can be found on NaCo's website, also linked from CCAP's Legislative Action Center.

The General Assembly has sent to the Governor's desk HB 1565, Rep. Marcia Hahn's (R-Northampton) bill to remove the regulatory requirement for a 150-foot riparian buffer for earth disturbance activity in a High Quality (HQ) or Exceptional Value (EV) watershed. The bill is part of CCAP's priority on waterway infrastructure and maintenance, in which counties are calling for a review of laws and regulations to assure that environmental protection is balanced with sustainable land use and development.

As approved by the House in late September, HB 1565 would remove the mandate for the 150-foot riparian buffer, while assuring such buffers could still be an option among best management practices (BMPs). Further, in certain cases projects would be required to provide a replacement buffer in the same drainage basin. On Oct. 6, the Senate Environmental Resources and Energy Committee unanimously adopted an amendment offered by minority chair Sen. John Yudichak (D-Luzerne) to clarify that a permit applicant may use BMPs that are at least as effective as a riparian buffer in protecting water quality, and that any replacement buffer must be along special protection waters in the same drainage area. Sen. Jim Ferlo (D-Allegheny) offered two other amendments, one to codify the regulatory buffer requirement in statute and one to increase riparian buffer requirements. Both amendments failed by a 3-8 vote, and the bill was reported with the Yudichak amendment by an 8-3 vote, with all Republican members and Sen. Yudichak voting in favor. 

The full Senate went on to approve HB 1565 by a 27-22 vote on Oct. 14, and the House concurred in the amendments the following day with a vote of 118-79.

Legislation addressing training and qualifications for local elected tax collectors is awaiting the Governor's signature, following Senate approval the week of Oct. 5.

House Bill 1590, introduced by Rep. Mario Scavello (R-Monroe), will require all tax collectors to complete the Department of Community and Economic Development training and certification program, which is currently voluntary, before taking the oath of office. However, all current tax collectors would be grandfathered and granted automatic certification as long as they maintain continuous service in the office. In addition, the bill requires candidates for the office to submit a criminal history check to the county board of elections as part of the nominating petition and lists several crimes for which conviction would render an individual ineligible for the office.

Prior to the final floor vote, the Senate Appropriations Committee adopted an amendment removing language inserted by the House that would have prohibited payment of taxes to an account in, or including, an individual's name. The amendment also removed language exempting county treasurers from the certification requirements when they are collecting taxes for a municipality in the event of a vacancy. The Senate approved the amended HB 1590 by a 40-9 vote, and the House concurred in the Senate amendments on Oct. 5 by a 186-5 vote to send the bill to the Governor.