Post by pfsc on Apr 23, 2015 10:56:09 GMT -5
House Environmental Resources and Energy Committee
4/22/15, 10:30 a.m., Room 60 East Wing
By Elly Henry, PLS
The committee met to consider HB 398 Killion, Thomas - (PN 435) Amends the Solid Waste Management Act in residual waste, further providing for transportation of residual waste; providing for definitions; and abrogating a regulation. The department may not prohibit the vehicular transportation of leachate discharged from a collection and handling system of a municipal authority or municipal-owned landfill to an offsite facility for the treatment of the leachate. Effective in 60 days. - The bill was reported as committed with Minority Chairman Greg Vitali (D-Delaware) and Rep. Steve McCarter (D-Montgomery) voting in the negative.
A00756 by Vitali, was described as amending the bill to limit the allowance of trucking leachate to landfills with an average total dissolved solids level greater than 25,000 mg/l. The amendment was withdrawn.
Chairman John Maher (R-Allegheny) briefly explained that the bill amends the Solid Waste Management Act regarding the transportation of leachate. He then advised members that an amendment had been filed to the bill, authored by Chairman Vitali. Chairman Vitali then motioned to table the bill for further consideration by the committee.
Chairman Vitali explained that HB 398 addresses an issue localized to Delaware County - specifically, Rolling Hills Landfill, operated by the Delaware Waste Authority. He clarified that he feels the bill is a “blunt instrument” meant to tackle a local problem, whereas he feels it should be “more surgical” in its approach. He stated that the Department of Environmental Protection (DEP) had expressed its concerns to him and would depose the bill in its current form. DEP feels that the wide focus of the bill poses deleterious environmental consequences, and proposes that truck transport of leachate be confined to only those occasions of operational difficulties at a facility. Chairman Vitali further argued that the committee must consider tailoring the bill to Delaware County and other affected areas. Without amending the bill to meet DEP’s satisfaction, HB 398 would only be vetoed by the governor, he said, adding that it the duty of the committee to produce and pass floor-ready legislation. He remarked there would be no emergency were members to table the bill until it meets that standard.
Rep. Jim Christiana (R-Beaver) contended that HB 398 was referred to the committee on February 9, noted that the meeting had been appropriately sunshined, and questioned the timely filing of Chairman Vitali’s amendment. Chairman Maher confirmed that it had. Rep. Christiana also stated that the House has an additional 13 days on its calendar, which allows for ample time for the bill’s consideration.
Rep. Bryan Barbin (D-Cambria) stated that, while a co-sponsor of HB 398, he believes the issues it addresses are not specific to Delaware County, and that he would oppose tabling the bill.
Rep. Jeff Pyle (R-Armstrong) agreed with Rep. Christiana that the bill had been properly sunshined and produced, and that the constituents of his district wish the committee to take a vote.
Chairman Maher encouraged the committee to move the bill forward, stating that the issue addressed in the legislation affects not only Delaware County, but long-established landfills throughout Pennsylvania. He further reminded members that HB 398 is a reintroduction of last session’s HB 2506 and its companion bill, SB 1481, the latter of which passed the Senate by a vote of 49-1. He further explained that any concerns expressed by DEP were done so informally, through an e-mail received by Chairman Vitali yesterday evening.
Chairman Vitali countered that the e-mail, written by the DEP legislative director should not be considered “informal.” Referring directly to the e-mail in question, Chairman Vitali stated that, “Quote, unquote, DEP will oppose the bill…unless amended.” They expressed concerns with regards to trucking leachate, the risk of cracks and potential discharge, the environment, public nuisance of increased truck traffic, and other potential hazards, he added.
When Chairman Maher pointed out the timing of receipt of the e-mail, in that it was received after amendments could be filed, Chairman Vitali countered by expressing discontent with the legislative process as a whole. He said that members of the public should be aware of the large number of bills referred to committees, any of which could be placed on the calendar for consideration. Members of the committee were only given a week’s notice that they would be voting on HB 398. Chairman Vitali further reflected on the time-consuming and continuous process of gathering information from stakeholders. In the instance of this legislation, Chairman Vitali pointed out that the issue of storage is a highly complicated one. The question of how much storage a facility has is key, he said. The reason Pennsylvania has an overabundance of leachate goes more to the issue of whether it can be trucked, and how much storage a facility dedicates to storage of the leachate, he concluded.
The motion to table the bill failed, with Chairman Maher and Representatives Stephen Bloom (R-Cumberland), Martin Causer (R-McKean), Jim Christiana (R-Beaver), Becky Corbin (R-Chester), Garth Everett (R-Lycoming), Matt Gabler (R-Clearfield), Tim Krieger (R-Westmoreland), Ryan Mackenzie (R-Lehigh), Jim Marshall (R-Beaver), Carl Metzgar (R-Somerset), Mark Mustio (R-Allegheny), Jeff Pyle (R-Armstrong), Kathy Rapp (R-Warren), Tom Sankey (R-Clearfield), Will Tallman (R-Adams) and Bryan Barbin (D-Cambria) voting in the negative.
On the motion to consider HB 398, Rep. Jordan Harris (D-Philadelphia) commented on the treatment of the Minority Chair by members of the committee, and stated that all members should be respected - particularly those in seniority positions.
Rep. Mark Mustio (R-Allegheny) expressed his concerns regarding transparency and the sharing of information among the members. It would benefit the committee to be afforded the opportunity to consider such information as the e-mail received by Chairman Vitali. He pointed out that withholding such matters presents a waste of time to members, constituents, and those watching the proceedings.
4/22/15, 10:30 a.m., Room 60 East Wing
By Elly Henry, PLS
The committee met to consider HB 398 Killion, Thomas - (PN 435) Amends the Solid Waste Management Act in residual waste, further providing for transportation of residual waste; providing for definitions; and abrogating a regulation. The department may not prohibit the vehicular transportation of leachate discharged from a collection and handling system of a municipal authority or municipal-owned landfill to an offsite facility for the treatment of the leachate. Effective in 60 days. - The bill was reported as committed with Minority Chairman Greg Vitali (D-Delaware) and Rep. Steve McCarter (D-Montgomery) voting in the negative.
A00756 by Vitali, was described as amending the bill to limit the allowance of trucking leachate to landfills with an average total dissolved solids level greater than 25,000 mg/l. The amendment was withdrawn.
Chairman John Maher (R-Allegheny) briefly explained that the bill amends the Solid Waste Management Act regarding the transportation of leachate. He then advised members that an amendment had been filed to the bill, authored by Chairman Vitali. Chairman Vitali then motioned to table the bill for further consideration by the committee.
Chairman Vitali explained that HB 398 addresses an issue localized to Delaware County - specifically, Rolling Hills Landfill, operated by the Delaware Waste Authority. He clarified that he feels the bill is a “blunt instrument” meant to tackle a local problem, whereas he feels it should be “more surgical” in its approach. He stated that the Department of Environmental Protection (DEP) had expressed its concerns to him and would depose the bill in its current form. DEP feels that the wide focus of the bill poses deleterious environmental consequences, and proposes that truck transport of leachate be confined to only those occasions of operational difficulties at a facility. Chairman Vitali further argued that the committee must consider tailoring the bill to Delaware County and other affected areas. Without amending the bill to meet DEP’s satisfaction, HB 398 would only be vetoed by the governor, he said, adding that it the duty of the committee to produce and pass floor-ready legislation. He remarked there would be no emergency were members to table the bill until it meets that standard.
Rep. Jim Christiana (R-Beaver) contended that HB 398 was referred to the committee on February 9, noted that the meeting had been appropriately sunshined, and questioned the timely filing of Chairman Vitali’s amendment. Chairman Maher confirmed that it had. Rep. Christiana also stated that the House has an additional 13 days on its calendar, which allows for ample time for the bill’s consideration.
Rep. Bryan Barbin (D-Cambria) stated that, while a co-sponsor of HB 398, he believes the issues it addresses are not specific to Delaware County, and that he would oppose tabling the bill.
Rep. Jeff Pyle (R-Armstrong) agreed with Rep. Christiana that the bill had been properly sunshined and produced, and that the constituents of his district wish the committee to take a vote.
Chairman Maher encouraged the committee to move the bill forward, stating that the issue addressed in the legislation affects not only Delaware County, but long-established landfills throughout Pennsylvania. He further reminded members that HB 398 is a reintroduction of last session’s HB 2506 and its companion bill, SB 1481, the latter of which passed the Senate by a vote of 49-1. He further explained that any concerns expressed by DEP were done so informally, through an e-mail received by Chairman Vitali yesterday evening.
Chairman Vitali countered that the e-mail, written by the DEP legislative director should not be considered “informal.” Referring directly to the e-mail in question, Chairman Vitali stated that, “Quote, unquote, DEP will oppose the bill…unless amended.” They expressed concerns with regards to trucking leachate, the risk of cracks and potential discharge, the environment, public nuisance of increased truck traffic, and other potential hazards, he added.
When Chairman Maher pointed out the timing of receipt of the e-mail, in that it was received after amendments could be filed, Chairman Vitali countered by expressing discontent with the legislative process as a whole. He said that members of the public should be aware of the large number of bills referred to committees, any of which could be placed on the calendar for consideration. Members of the committee were only given a week’s notice that they would be voting on HB 398. Chairman Vitali further reflected on the time-consuming and continuous process of gathering information from stakeholders. In the instance of this legislation, Chairman Vitali pointed out that the issue of storage is a highly complicated one. The question of how much storage a facility has is key, he said. The reason Pennsylvania has an overabundance of leachate goes more to the issue of whether it can be trucked, and how much storage a facility dedicates to storage of the leachate, he concluded.
The motion to table the bill failed, with Chairman Maher and Representatives Stephen Bloom (R-Cumberland), Martin Causer (R-McKean), Jim Christiana (R-Beaver), Becky Corbin (R-Chester), Garth Everett (R-Lycoming), Matt Gabler (R-Clearfield), Tim Krieger (R-Westmoreland), Ryan Mackenzie (R-Lehigh), Jim Marshall (R-Beaver), Carl Metzgar (R-Somerset), Mark Mustio (R-Allegheny), Jeff Pyle (R-Armstrong), Kathy Rapp (R-Warren), Tom Sankey (R-Clearfield), Will Tallman (R-Adams) and Bryan Barbin (D-Cambria) voting in the negative.
On the motion to consider HB 398, Rep. Jordan Harris (D-Philadelphia) commented on the treatment of the Minority Chair by members of the committee, and stated that all members should be respected - particularly those in seniority positions.
Rep. Mark Mustio (R-Allegheny) expressed his concerns regarding transparency and the sharing of information among the members. It would benefit the committee to be afforded the opportunity to consider such information as the e-mail received by Chairman Vitali. He pointed out that withholding such matters presents a waste of time to members, constituents, and those watching the proceedings.