Late Wednesday, the Pennsylvania legislature passed two bad bills that will harm the water and air of Pennsylvanians. Both HB 1565, the Subdivision Flooding Bill, and HB 2354, the Stall on Carbon Bill, kowtow to powerful special interests as they dismiss the need for clean air and water for all Pennsylvanians.
The Stall on Carbon Bill allows either chamber of the General Assembly to block and delay Pennsylvania from submitting its carbon rule compliance plan to the Environmental Protection Agency, raising the likelihood that Pennsylvania cedes control of its compliance program to the federal government. By creating three different entities (House, Senate and Pennsylvania Department of Environmental Protection) with authority over the compliance plan, negotiation efforts by affected businesses and stakeholders will be confounded.
Further, the bill raises serious constitutional issues related to separation of powers. Rather than craft a feasible system to enhance legislative oversight of Pennsylvania’s carbon rule compliance, the bill is rife with stalling tactics as it creates layers of legal and procedural complications to the detriment of the people and businesses of the state. The Stall on Carbon Bill is an American Legislative Exchange Council (ALEC) initiative championed by Pennsylvania’s coal industry.
The Subdivision Flooding Bill ignores the twin issues of stormwater runoff and flooding as it caters to the state's powerful builders lobby. Pennsylvania citizens and communities have paid dearly in safety, life and property as a result of the consequences of flooding and stormwater. Part of the reason is the loss of riparian buffers in headwater and other streams that hold and slowly release rain and runoff. Passage of the bill now jeopardizes the riparian buffers along Exceptional Value and High Quality streams that not only reduce flooding and stormwater runoff, but markedly improve water quality, decrease pollution, protect drinking water, and improve habitat for fish and other wildlife.
Passage of these bills at the eleventh hour only serves to appease deep-pocketed interests and large campaign contributors. These bills can in no way be seen as helping to protect public health and safety. Rather, they do exactly the opposite.
Andrew Sharp is PennFuture's director of outreach and is based in Philadelphia. He tweets at @RexBainbridge.
