Senate Agriculture & Rural Affairs Committee Reports

 

Reports provided by PA Legislative Services

 

By Kimberly Collins, PA Legislative Services

 

5-6-08

 

SB 536 Greenleaf - (PN 580) Amends the Unfair Trade Practices & Consumer Protection Law further providing for dog purchaser protection by increasing the period in which a dog purchaser may determine a dog to be sick to 14 days (from ten days). The purchaser would have 90 days (increased from 30) to take advantage of the remedies available in the act. If the purchaser chooses to keep the dog, he would be entitled to reimbursement of veterinary fees up to two times the purchase price. - The bill was unanimously reported as amended.

 

A06802, by Brubaker, makes several clarification changes, provides for refund if the seller misrepresented the dog as registered or registerable, and clarifies the definition of "seller". The amendment was unanimously adopted.

 

Senator Stewart Greenleaf (R-Montgomery) explained the intent is to hit puppy mills in the pocketbook.

 

SB 1317 Waugh - (PN 1854) The Pennsylvania Farms to Fuels Initiatives Act provides for the establishment of the PA farms to Fuels Initiative to encourage the production of those bioenergy crops approved by the Pennsylvania Secretary of Agriculture, which will both preserve the soil, air and water of PA and serve as the basic material for production of cellulosic ethanol. For each acre of growing land upon which a bioenergy crop is harvested, an eligible farmer would receive a bioenergy crop transition incentive payment of $150 for the first year's harvest, $100 for the second year's harvest and $50 for the third year's harvest. No participant may receive more than $100,000 in the aggregate. The bill outlines eligibility requirements and the application procedure. $10,000,000 is appropriated to the department to carry out the provisions of this act, with up to 2% of that amount used for the cost of administering the program. Ten percent of the funds would be transferred to the Conservation District Fund for distribution to conservation districts that provide technical assistance for the implementation of this act. The department would annually report to the General Assembly. - The bill was reported as amended with Senator John Eichelberger (R-Blair) voting in the negative.

 

A06811, by Waugh, clarifies who is eligible to participate in the Farms to Fuels Initiatives and clarifies that an operator must be implementing a conservation plan. The amendment was unanimously adopted.

 

Senator Mike Waugh (R-York) explained he introduced this bill in anticipation of budget negotiations, remarking that he is trying to tap into the energy discussions. He opined PA will be a leader in the development of cellulosic ethanol and expressed his hope that this bill will provide an incentive for farmers to begin to grow switchgrass, which will be used in the production of cellulosic ethanol. He noted the enzyme needed to produce the ethanol has not yet been found, but argued that once the crops are established, which takes a couple years, the enzyme will be discovered and PA will be poised to be a leader in the industry. Noting that many farmers will be reluctant to take acreage out of cash crops, Senator Waugh argued this will provide a small incentive to take that step.

 

Minority Chairman Mike O'Pake (D-Berks) stated the concept of the bill is good, but expressed concern about the cost and paying farmers to stop growing food and feed in favor of fuel. Senator Waugh acknowledged the cost and stated if the bill passes he will work in the budget negotiations to see that it is funded. He said he has not heard the argument that crops will be grown in favor of fuel, but stated it is a decision for producers to make. He expressed doubt that any farmers would make this switch without an incentive. He indicated he is not concerned about a perception of providing an incentive that will ultimately make food prices higher. Minority Chairman O'Pake noted the many cuts in Agriculture's budget and questioned where the funding will come from. Senator Waugh replied it is a matter of priorities.

 

Senator Mike Folmer (R-Lebanon) reiterated concerns he has expressed at other committee meetings and stated the state keeps adding programs without knowing how the current programs are operating. He opined no new programs should be created until we have a handle on the existing ones. He added that he "is not a big fan of any type of ethanol" due to the overall environmental concerns. Senator Folmer said he would support moving the bill, with reservations.

 

Senator John Wozniak (D-Cambria) simply pointed out the cost of this legislation is $10 million of new spending.

 

Senator Eichelberger stated his concern is that the government is trying to direct the private sector. He stated he has a philosophical problem with the legislation and would not support it.

 

Regarding the environmental concerns, Senator Waugh explained second generation ethanol is a natural conservation tool. He said it reduces nutrient runoff and allows more corn to remain in the system for food. He reiterated his hope that this proposal can be included as a part of the environmental package and opined farmers should be given an incentive for taking a risk and switching to a new crop. Senator Wozniak suggested that this program may be better as a no interest loan that the farmer would pay off when the risk pays off. Senator Waugh indicated he may consider such a suggestion. Chairman Mike Brubaker (R-Lancaster) added he is considering adding a sunset provision.

11/28/07

The SENATE AGRICULTURE AND RURAL AFFAIRS COMMITTEE met to consider SB 1020 Wonderling - (PN 1278) Amends the Conservation District Law further providing for declaration of policy by designating conservation districts as the primary local government unit responsible for the conservation of natural resources and to authorize conservation districts to work in close cooperation with landowners, agencies and government units; for the State Conservation Commission by placing it under the concurrent jurisdiction of the Departments of Environmental Protection and Agriculture and outlining the duties of the departments and commission; the legislation further provides for the membership of the commission, for creation of conservation districts, for designation of district directors, for appointment, qualifications, compensation and tenure of directors, for organization of directors, for powers of districts and directors, for Commonwealth agencies to cooperate and for discontinuation of districts by stating districts would continue for four years (increased from two) upon discontinuance of the district; and making a repeal. - The bill was unanimously reported as amended. A04443 by Brubaker, removes language mandating that resources and staff contributions from agencies to the State Conservation Commission and local conservation districts be specified in the agreement with the Departments of Agriculture and Environmental Protection, authorizes delegation of regulatory and enforcement functions, gives the Commission the authority to administer tax credit programs and to review fees for services established by conservation districts. The amendment was adopted by a vote of 5-1, with Senator John Eichelberger (R-Blair) voting in the negative.

Senator John Wozniak (D-Cambria) asked if the amendment precludes the Commission from raising fees. Senator Mike Folmer (R-Lebanon) explained the legislation does not ask for a fee schedule, but just that a review be undertaken if fees are judged to be exorbitant. Senator Wozniak pointed out that in his experiences, government fees have turned out to be much less than is actually needed. Senator Eichelberger echoed these sentiments, noting that in his experience, the government undercharges on many fees.

HARRISBURG - (11/14/07, 11:30 a.m., Room 8-EA East Wing)

The Senate Agriculture & Rural Affairs Committee met to consider to two resolutions and two bills.

SR 195 Brubaker - (PN 1464) Resolution directing the Legislative Budget and Finance Committee to review the Agricultural Conservation Easement Purchase Program. - The resolution was unanimously reported as committed.

SR 193 Gordner - (PN 1462) Resolution commemorating the 20th anniversary of the Center for Rural Pennsylvania. - The resolution was unanimously reported as committed.

SB 863 Waugh - (PN 1059) Amends the Agricultural Area Security Law providing for proceeds from sales by the Department of Agriculture by adding that proceeds from the sale of all land, equipment or facilities, transferred to the Department of Agriculture and subsequently disposed of by the Commonwealth would be credited to the Agricultural Conservation Easement Purchase Fund. Proceeds from the sale of all land, equipment or facilities at the Woodville State Farm, Collier Township, Allegheny County, and transferred to the Department of Agriculture and subsequently disposed of by the Commonwealth would be credited to the State Farm Products Show Fund. The State Agricultural Land Preservation Board is authorized to use up to $750,000 of the funds deposited into the Agricultural Conservation Easement Purchase Fund to make grants to counties for the following purposes: (1) to cover costs incurred by a county in creating a spatial mapping database; (2) to cover costs incurred by a county to train staff, contract with consultants and pay for computer software; and (3) to assist counties in the development implementation of agricultural zoning ordinances. Grants may not exceed the lesser of $10,000 or 50% of the costs incurred by the county. - The bill was unanimously reported as committed.

SB 1020 Wonderling - (PN 1278) Amends the Conservation District Law further providing for declaration of policy by designating conservation districts as the primary local government unit responsible for the conservation of natural resources and to authorize conservation districts to work in close cooperation with landowners, agencies and government units; for the State Conservation Commission by placing it under the concurrent jurisdiction of the Departments of Environmental Protection and Agriculture and outlining the duties of the departments and commission; the legislation further provides for the membership of the commission, for creation of conservation districts, for designation of district directors, for appointment, qualifications, compensation and tenure of directors, for organization of directors, for powers of districts and directors, for Commonwealth agencies to cooperate and for discontinuation of districts by stating districts would continue for four years (increased from two) upon discontinuance of the district; and making a repeal. - The bill was passed over.

Chairman Michael Brubaker (R-Lancaster) said the legislation was being passed over until the next committee meeting on November 28. He told the committee members he is working with Senator Robert Wonderling (R- Montgomery), the bill's prime sponsor, and the Governor's Office on an amendment to the bill.

Jeff Cox, PA Legislative Services