AG ONE Newsletter November 28, 2017

Update on Farm Show “Lease Lease-Back”

Backdrop

On October 9, Governor Tom Wolf announced that he was unilaterally seeking a way to resolve the FY 2017-18 State Budget impasses with House Republicans by raising capital of up to $200 million from leasing the Farm Show Complex. Since then, various revenue measures were adopted by the General Assembly and signed into law to cover the deficit. Since the revenue legislation included borrowing ahead from future Master Tobacco Settlement payments to Pennsylvania totaling $1.5 billion, Governor Wolf dropped another initiative, to “securitize” or borrow ahead from future PA Liquor Control Board profits. The Farm Show financing process continued with bids from private sector investors starting October 13 and closing November 13. Four bids were received and the PA Department of General Services and PA Office of the Budget are reviewing them. A date has not been given as to when the winning bid will be announced.

What is the actual transaction taking place?

Called a lease lease-back, the transaction more closely resembles a home equity loan. Perhaps the Administration could have been clearer in explaining what financial investments were being done here. It would have reduced confusion among stakeholders.

Is it legal for the Governor to take this action without getting the prior consent of the General Assembly, especially since the legislature decides how much of the Commonwealth’s dollars the Farm Show will receive?

Yes. This is not a surprise to the General Assembly. Governor Tom Wolf made it very clear that he intended to do this when he gave his Budget Address to the General Assembly in February 2017. In addition, the issue was discussed at a Senate committee meeting and at innumerable separate meetings. Before deciding to take an equity loan on the Farm Show Complex, Administration legal counsel also determined that the Governor had the legal authority to make such a move.

Doesn’t this need an OK from the Farm Show’s governing body?

No. That board works on operations, not on financing arrangements such as this.

Will the Farm Show lose its ability to decide programming and conduct daily operations or will the new “owner” be able to decide how the Farm Show is managed and what shows will be held? For example, can the Farm Show Manager be ordered to do something the new “owner” wants such as more gun shows or detests (no gun shows)?

First, the word “owner” is incorrect. Whoever provides the capital for this equity loan is not the owner. The owner remains the Commonwealth of Pennsylvania. The contract has iron-clad language preventing any outside control. It is similar to a home equity loan where the lender does not have the legal authority to tell you what wallpaper to use or what has to be planted outside. The homeowner is the owner. With the Farm Show Complex, PA retains ownership.

The Office of the Budget frequently uses outside legal counsel as well as relying on attorney employees of the state to make sure PA’s interests are not compromised. Besides, any investor is making its money from interest paid on the loan and is not interested in managing the Farm Show Complex.

Will this new money be dedicated for remodeling and updating the physical structure of the Farm Show Complex?

No. This money will go into the General Fund to help balance the deficit. There is a separate effort to generate money for Farm Show renovations and updating HVAC, etc.

When the Governor said he would “securitize” future profits from the PA Liquor Control Board, he was very specific about the amount of money would be generated and the amount of interest that would be paid to service the loan. Why are there no specifics here? The PA Liquor Control Board plan is part of PA State Government so the details were known regarding the amount borrowed and the interest to pay back the loan. This seeks private sector financing and the costs connected with the equity loan would depend on the investor’s desired return on investment. Likewise, although the figure $200 million has been used publically as the amount that could be generated, the actual figure borrowed will depend on what bidders promise.

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CORRECTION TO AG ONE Newsletter 2017.18

In AG ONE Newsletter 2017.18, a legislative status report described House Bill 944 establishing a Commission for Agriculture Education Excellence as being in committee. That legislation was grafted into another School Code bill, House Bill 178 PN 2609 (Act 55 of 2017) which became law November 6 without the Governor’s signature. Text begins on page 45, Section 1549.1. .http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2017&sessInd=0 &billBody=H&billTyp=B&billNbr=0178&pn=2609 This establishes the Commission for Agricultural Education Excellence to assist in developing a statewide plan for agriculture education and to coordinate PDA and Education Department efforts in doing so.

Thanks to PSCFO members Amy Bradford from PennAg Industries Association and Dr. MeeCee Baker from Versant Strategies for spotting the need for this update.

FSMA/RISK MANAGEMENT SEMINAR in Kutztown DECEMBER 14

MEDIA RELEASE

Contact:  Vince Phillips 717-232-9665

FSMA/RISK MANAGEMENT SEMINAR in Kutztown DECEMBER 14

On Thursday, December 14, the Pennsylvania State Council of Farm Organizations (PSCFO), along with the Pennsylvania Department of Agriculture, will be holding a community service seminar hosted by the Kutztown Grange.

The purpose of this seminar is to provide farmers and agriculture producers with information about their compliance requirements as laid out in the federal Food Safety Modernization Act (FSMA).  During the seminar, a discussion regarding risk management will also take place.  Topics that will be covered regarding risk management include: food safety, crop insurance and key questions farmers should ask insurance agents in order to make sure their specific needs are met.

The event is free of charge and will take place at the Kutztown Grange Hall located at Kemp and James Streets in Kutztown from 10 a.m. until 2 p.m.  A light lunch will be provided in the afternoon.

The workshop is being held with the acknowledgement and support of the Berks County State Senators and State Representatives

For more information about the event, please contact Vince Phillips at the PSCFO at 717-232-9665 or xenobun@aol.com  or former State Representative Lynn Herman at 814-880-2272 (cell) or lherman77@comcast.net.

 

AG ONE Newsletter November 19, 2017

BUDGET FOLLOW UP

Despite enactment of the State Budget, there are still some loose ends.

  • Up in the air is Governor Wolf’s plan to take out what amounts to an equity loan on the state-owned Harrisburg Farm Show Complex.  His goal was to have the state receive a $200 million loan which would have to be repaid to the lender over 30 years.  There is speculation over the legality of such a move.  The bidding period closed November 13.
  • The medical malpractice insurer of last resort, the PA Professional Liability Joint Underwriting Association (JUA), sued the Commonwealth for what it says is illegally taking $200 million out of the insurer’s reserves to help balance the State Budget. (Act 44).
  • Governor Wolf has dropped his plan to borrow against future profits from the PA Liquor Control Board after the PA Commonwealth Financing Authority approved plans to borrow $1.5 billion from future Tobacco Settlement monies coming into the state. (Act 43 of 2017)
  • Unknown as of November 19 is from which dedicated funds Governor Wolf will take $300 million.  Thanks to authority given to him by the General Assembly in order to pass State Budget revenue bills, Governor Wolf can choose from as few or as many he wants.  Of concern to the agricultural industry are special funds such as the Conservation District Fund and others dedicated to agricultural and conservation efforts.

WORKERS’ COMPENSATION RATE HIKE POSTPONED

A 6.06% increase in Workers’ Compensation premiums that would have taken effect November 1 has been delayed as reported by the Central Penn Business Journal due to a challenge from the PA Association for Justice (trial lawyers). Details were not released by the Insurance Department but the following was given in response to a query from Phillips Associates:  While the PCRB proposed a November 1, 2017 effective date in the filing, the Department can use up to 180 days to review the filing in accordance with Article VII of the Workers Compensation Act.  While we don’t anticipate needing the full 180 days contemplated by the law, we have not yet completed our review… If the filing is ultimately approved…there would be an amended effective date as we are now past the November 1, 2017 effective date proposed by the PCRB and cannot approve rates retroactively.

POLITICS

  • Former PA Secretary of Agriculture Denny Wolff is running for the Democratic nomination for the congressional seat being vacated by U.S. Rep. Barletta who is seeking the nomination to oppose Senator Casey in 2018.
  • PA Rep. Rick Saccone (R-Washington/Allegheny) was chosen as the GOP candidate in the special election to succeed resigned U.S. Representative Tim Murphy.  He defeated two PA Senators, Kim Ward and Guy Reschenthaler to win the Republican nomination.  The special election will take place March 13.  The winner would serve out the remainder of Murphy’s term, meaning that the winner faces a re-election contest in November 2018.
  • House Speaker Mike Turzai (R-Allegheny) announced his candidacy for the Republican nominee for Governor on November 14.  His announcement brings to four the Republicans vying for the nomination: Senator Scott Wagner (R-York), Allegheny County health consultant Paul Mango and Pittsburgh attorney Laura Ellsworth. 
  • January 25 is the date of the special election to replace Rep. Marc Gergely (D-Allegheny).  This district is traditionally Democratic.  Rep. Gergely was forced to step down after pleading guilty to violating gambling laws.
  • State Representative Justin Simmons (R-Northampton/Lehigh/Montgomery) has withdrawn from the contest for the Republican nomination to succeed retiring U.S. Representative Charles Dent.

BILLS SIGNED BY GOVERNOR

Signed by the Governor October 30 was House Bill 790 (controlled and noxious weeds) which is now Act 46 of 2017. Prime sponsor is House Agriculture & Rural Affairs Minority Chair Eddie Day Pashinski (D-Luzerne). House Bill 176 (Pickett-R-Bradford) is now Act 35 after being signed by Governor Wolf October 25.  It exempts roadside marketing stands and some animal feeding operations from Uniform Construction Code (UCC) building requirements.

QUICK LOOK AT LEGISLATIVE UPDATES

  • Senate Bill 740 (Aument-R-Lancaster) continues Universal Service Fund (land-lines for rural areas).  Status: Senate Agriculture & Rural Affairs Committee
  • Senate Bills 819 and 820 (Aument) agritourism liability are in Senate Agriculture & Rural Affairs Committee and Senate Judiciary Committees respectively.
  • House Bill 544 (Moul-R-Adams) is in the House Appropriations Committee.
  • House Bill 577 (Everett-R-Lycoming) Marcellus natural gas royalty 12.5% guarantee to leaseholders is in the House Environmental Resources & Energy Committee.  There is also a discharge resolution to have the full House take up the matter, bypassing the committee.
  • House Bill 944 (M. Keller-R-Perry) Commission for Agriculture Education is in the Senate Agriculture & Rural Affairs Committee.

GRANTS

  • Up to $1,600.00 from KidsGardening can go to nonprofit, school, or youth programs that plan a new garden or expand an existing one.  Deadline for applications is December 8, 2017.  info@kidsgardening.org ; 802-660-4604
  • Northeast Sustainable Agriculture Research and Education (SARE) grant applications are due December 5, 2017.  Awards are capped at $15,000 and applicants must work with a technical advisor such as an Extension educator or private crop consultant.  Details: http://www.northeastsare.org