Senate Leaders Set Record
Straight on Hazardous Sites Funding
HARRISBURG
-- Senate
Republicans responded today to comments made by
Department of Environmental Protection Secretary Kathleen McGinty regarding DEP's purported inability to clean up
contaminated sites across Pennsylvania.
Secretary McGinty's latest
remarks came during a visit last week to Montgomery
County. Pennsylvania's top environmental official
announced that DEP would not fulfill its responsibility to
assist local residents impacted by a recent public health
advisory warning of dangerous groundwater contamination to
some residents of East Norriton Township, Montgomery
County. The Secretary blamed her actions on what she
described to be the near-bankrupt status of the Hazardous
Sites Cleanup Fund (commonly referred to as HSCA), which
funds such projects.
"DEP has an obligation to
protect the citizens of Montgomery County and the
Commonwealth. Moreover, they have the means available to
do so," said Robert J. Thompson (R-Chester/Montgomery),
chairman of the Senate Appropriations Committee. Under
existing law (Act 89 of 2002), the Governor has the power
to transfer up to ¼ mill of the revenue generated from the
Capital Stock-Franchise Tax (¼ mill equals approximately
$34 million) if the expected ending balance of the HSCA
Fund is less than $5 million. Secretary McGinty has said
the HSCA Fund faces a $14 million deficit before the end
of the fiscal year. "Callously disregarding the citizens
of this Commonwealth - and then falsely laying
responsibility at the feet of the legislature - is
reprehensible," said Senator Thompson.
Senate Republicans have
recognized the need to address long-term funding for the
HSCA Fund, and early last year pledged to work with
Governor Rendell to address short-term funding needs so as
to avoid any crisis. In addition to the 'trigger'
language contained in Act 89, the Senate-passed version of
the state budget contained a $10 million infusion for the
HSCA Fund for the current fiscal year. However, during
budget negotiations, the Rendell Administration rejected
adding any new funds to the HSCA Fund and insisted this
proposed appropriation be removed. "It's perfectly clear
any shortfall in funding at this time is a direct result
of the Administration's negligence, not any action of the
General Assembly," said Thompson.
Republicans also took issue with Secretary McGinty's
statement that Pennsylvania's award-winning land recycling
program will most likely be eliminated. "The hallmark of
the Land Recycling Program is encouraging voluntary
cleanups, establishing clear standards and providing
liability relief to developers," said Senator David J.
Brightbill, Senate Majority Leader. "To suggest to
Pennsylvania communities and businesses that this comes to a
grinding halt is outrageous." Senator Brightbill was the
prime sponsor of this landmark legislation, and led its
successful passage in 1995 under the administration of
Republican Governor Tom Ridge.
Senator Brightbill also disputed Secretary
McGinty's remarks that the General Assembly has failed the
people of Pennsylvania by not passing an environmental bond
question for the spring primary. Noting the irony that,
despite Secretary McGinty's claims, none of the $800 million
bond proposed by the Governor would actually go to the
Hazardous Sites Cleanup Fund, Senator Brightbill said
legislative leaders had in fact honored their commitment to
work on a ballot question for the spring primary – a
commitment that was reiterated during a mid-November meeting
with the Governor.
"Secretary McGinty should know that Republicans
were preparing to advance a ballot question, but that this
plan fell through only because the Governor changed his mind
– again – and insisted on adopting over $120 million in new
taxes on households and businesses," said Senator Mary Jo
White (R-Venango), chair of the Senate Environmental
Resources & Energy Committee. "The agreement was for a
ballot question. The Governor changed his mind in less than
24 hours. To suggest the effort was sabotaged by the
General Assembly is uninformed, partisan and simply wrong."
The Senator noted the Governor's own comments during a
November 18th PCN-TV call-in show, when he stated "whether
we enact the enabling legislation now or in February or
March, it doesn't matter in a way, because – I'm hoping we
do it now – because it can't go on the ballot any earlier
than the May primary."
Governor Rendell has proposed expanding Growing
Greener, a 13-year, $1.24 billion initiative first adopted
under Governor Ridge and later expanded under Governor
Schweiker. Nearly $88 million remains to be spent from
Growing Greener each year through 2012. Senate and House
Republicans remain wary of the Governor's proposed $150
million in new annual taxes to pay for the expansion, all of
which he proposed remain in place permanently after the $800
million has been spent in four years.
Letter to
Governor:
December 13,
2004
The Honorable Edward G. Rendell
Governor of Pennsylvania
225 Main Capitol Building
Harrisburg, PA 17120
Dear Governor Rendell:
We believe recent comments and the growing rhetoric
from some in your Administration on the status of various
environmental programs to be both uninformed and completely
unproductive.
This is particularly true of statements recently
made by DEP regarding the agency's ability to assist
communities dealing with contaminated sites. While there
remain disagreements over your proposal to impose various
taxes and fees on businesses and households, we can all
agree with the need to ensure adequate funds for cleanup of
contaminated sites, particularly those posing an immediate
threat to citizens of the Commonwealth.
As we hope you will recall, last year the
Senate-passed version of the budget contained a $10 million
infusion for the Hazardous Sites Cleanup Fund (HSCA Fund).
This appropriation was removed at the insistence of your
budget secretary. Moreover, under Act 89 of 2002 you have
the authority to transfer approximately $34 million to the
HSCA Fund should the expected ending balance fall below $5
million. The legislature has received numerous and wildly
varying different 'ending balances' for the fund from your
Administration over the past several months. If the
expected ending balance is now a deficit of $14 million, as
Secretary McGinty states, we urge you to promptly transfer
funds so that emergency relief for communities facing
contaminated sites can commence. Several weeks ago, you
announced you were utilizing nearly $38 million in
discretionary funds for flood relief. If the perilous
condition of the HSCA Fund, as outlined by Secretary
McGinty, is accurate, then we suggest this situation is no
different.
Secretary McGinty recently said the General
Assembly is "failing" the people of Pennsylvania by not
passing your bond initiative. Furthermore, in the past two
weeks, the secretaries of DEP and DCNR have both publicly
stated that the majority caucuses failed to honor a written
commitment to try and pass an environmental bond question
for the spring primary -- even though you should know these
statements are not true. The repeated claims from your
Administration are that we have irreparably failed the
people of Pennsylvania, and broken our word to you. If that
is the case, the logical conclusion from many legislators
would be to simply agree to disagree over Growing Greener
II, and move on to the next issue.
We do not think that is your desire, nor is it
ours. We hope that the inflammatory, unnecessary and
uninformed rhetoric will cease so that we can commence
immediate discussions about both the need to replenish HSCA
and, separately, resume the effort to agree to an
environmental bond initiative.
Sincerely,
Senator David J. Brightbill
Senate Majority Leader
Senator Mary Jo White
Chairman, Senate
Environmental Resources & Energy Committee
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