Tuesday, November 20, 2007 

Senate Bill 266 (Erickson) would create the Pennsylvania Climate Change Act.  Under the provisions of the bill, the Department of Environmental Protection (DEP) would be required to prepare and publish a report on the potential impact of climate change in the Commonwealth within nine months of the effective date of the act.  The report would have to address the potential impact of climate change on human health and the economy including, among other topics, economic opportunities created by the need for alternative sources of energy and climate-related technologies.  The Department would be required to update the report every three years.

The legislation would establish a Climate Change Advisory Committee within the Department to advise DEP on the implementation of the act.  Members would be appointed by the Governor and legislative leaders.  The Secretary of Conservation and Natural Resources, the Secretary of Community and Economic Development and the Chair of the Pennsylvania Public Utility Commission, or their designees, would serve as ex officio voting members of the committee.  Members would not be compensated for their service, but could be reimbursed for necessary expenses.  The Department could hire a third-party facilitator to conduct the Committee's activities.  The Department, in consultation with the Committee, would establish a baseline of greenhouse gas emissions and annually compile a greenhouse gas inventory.  The baseline would be used to project future greenhouse gas emissions in the absence of governmental intervention.  The baseline and inventory would be presented to the Governor and the General Assembly every three years as part of a climate change action plan.  The report would have to be made available on the Department's Internet website.

The Department would be required to create a voluntary greenhouse gas registry within 90 days of the effective date of the act.  Businesses, governments, institutions or other entities could record any reductions or avoided emissions in greenhouse gases in the absence of government-mandated reductions.  Information contained in the registry would be made available on the Department's website.  The Department would also be required to monitor the enactment of federal laws regarding greenhouse gas inventory, registration or reporting requirements.  If a federal law is enacted that is more comprehensive than this act, affected entities could submit the same information required under the federal law to DEP and would be considered to be in compliance with this act.  Passed:  47-3. 

Senate Bill 777 (Browne) would amend the Municipal Claim and Tax Lien Law to make a number of changes.  The bill would clarify the requirement that municipalities that use the Municipal Claim and Tax Lien Law to collect delinquent taxes and fees must maintain a public record of all properties on which taxes are levied.  Except in cities of the first class and counties of the second class, each county would be required to designate an office or department to maintain a public record of delinquent taxes.  The record would be a public record for purposes of the Right-to-Know Law but would not be considered a certification of delinquent taxes.  The designated office would issue certifications of delinquent taxes for a fee not to exceed $10 per tax year for the person requesting the records.  Nothing in the bill would affect the requirements related to filing tax claims for delinquent taxes with the prothonotary.  A tax claim with a prothonotary would remain open and unsatisfied until the delinquent taxes are paid or discharged.

A municipality that utilizes the act to collect delinquent taxes would be required to compile a list annually of all properties against which taxes are due and payable.  The list would be given on or before the last day of April, but no earlier than the first of January, to the designated office or department.  The list would have to contain the information outlined in the bill.

Any taxing district could adopt a resolution to collect taxes exclusively and independently of any other statute governing tax collection and independent of a county tax claim bureau.  A district that collects taxes would not be required to comply with the Real Estate Tax Sale Law.  However, if the county commissioners of a county with a tax claim bureau have enacted legislation for the benefit of taxpayers pursuant to Section 502.1 (Option of County to Extend Period for Discharge of Tax Claim) or 504 (Extension for Elderly) of the Real Estate Tax Sale Law, a taxing district located in that county that adopts a resolution under these provisions would be required to offer taxpayers benefits equal to or exceeding those authorized by the county commissioners.

The bill would clarify the definition of "delinquent" to include taxes that remain unpaid on December 31 of the calendar year in which they were due and payable, unless they are paid in installments, in which case the term would mean that portion that remains unpaid on the first of the month following the month of the last required payment.  For municipal claims, the term would mean ninety days after the date of the initial billing for the claims.  Garbage fees, recycling fees, and landlord licensing and inspection fees would be added to the list of charges which could be recovered under the act.  The bill would also remove the intent language for "unreasonable" attorney fees from the act and maintain the language regarding the reasonableness of attorney's fees charged in the collection of delinquent taxes.  Additional changes would bring the act into compliance with the Pennsylvania Rules of Civil Procedure with regard to the service of original process.  Passed:  28-22. 

Senate Bill 886 (McIlhinney) would amend the Real Estate Licensing and Registration Act to require that written or electronic notice be given to a prospective purchaser if a time share sales presentation is required to obtain the benefits offered under a promotion.  Such notice must be communicated in a clear, coherent and conspicuous manner using boldface type.  The notice would have to be provided to the prospective purchaser at least once before the scheduled presentation within a reasonable period of time to ensure that the individual receives the disclosure before departing to attend the presentation.  If the initial invitation to the sales presentation is made while a prospective purchaser is on the premises, the written notice may be provided directly to the individual prior to the sales presentation.  The required disclosure would not have to be included in every advertisement or other communication made to a prospective purchaser.  Concurrence in House Amendments:  50-0. 

Senate Bill 1051 (Earll) would amend Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes to require that, within 60 days of the effective date, an authority that owns or operates an airport must, by resolution, provide for a code of ethics that applies to members of the board and employees of the authority.  The code of ethics would have to be consistent with 65 Pa. C .S. Ch.11 (the Public Official and Employee Ethics Act) and contain provisions for restricted activities and the filing of annual ethics disclosures.  The authority would also have to provide, by resolution, for the circumstances under which residents may inspect and make copies of records under the Right to Know Law within the same time frame.

The bill would further provide for the board of an authority which owns or operates an airport in a third class county.  Under these provisions, if the authority is incorporated solely by a third class city in a third class county, the board would consist of eleven members.  Seven of the members would be appointed by the county executive or other elected chief executive officer of the county, with the advice and consent of the county council or equivalent body.  If there is no county executive or elected chief executive officer, the governing body of the county would appoint the seven members.  In counties which are divided into county council districts, each of the seven members would have to represent a county council district.  Two of the members would be appointed by the mayor of the third class city with the advice and consent of the city council and two members would be appointed by the Governor with the advice and consent of the Senate.  The bill provides for staggered terms of office initially.  After the initial term in office, terms would be for four years.  No person could serve more than two four-year terms on the board.  A board member appointed prior to the effective date of these provisions could continue to serve an additional 60 days.  Passed:  50-0. 

Senate Resolution 195 (Brubaker) directs the Legislative Budget and Finance Committee to review the Agricultural Easement Purchase Program.  Adopted by Voice Vote. 

House Bill 43 (Rubley) would amend Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statues to add Chapter 65, the Uniform Environmental Covenants Act.  The provisions of the act would establish a process for creating, modifying, terminating and enforcing environmental covenants.  An environmental covenant is defined as a servitude arising under an environmental response project which imposes activity and use limitations on a property.  The Department of Environmental Protection (DEP) would be required to establish and maintain a registry which contains all environmental covenants, and any amendment or termination of the covenants.  The registry would be regarded as a public record for purposes of the Right-to-Know Law.

An environmental covenant would run with the land.  The act would not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, which is otherwise enforceable under the laws of the Commonwealth.  An environmental covenant, any amendment or termination of the covenant, or waiver granted under the act, would have to be recorded in every county in which any portion of the real property subject to the covenant is located.  Recording a covenant would provide the same constructive notice of the covenant as the recording of a deed provides of an interest in real property.

An environmental covenant would be perpetual unless one of the following applies:  it is limited by its terms to a specific duration or the occurrence of a specific event; it is terminated by consent by all parties, judicial modification, or foreclosure of an interest which has priority over the covenant; or, through an eminent domain proceeding.  An environmental covenant could be amended or terminated by consent only if the amendment or termination is signed by all of the interested parties as listed in the legislation.