AG ONE Newsletter May 8, 2018

BROADBAND CAUCUS ESTABLISHED IN HOUSE

Rural Broadband access champions Representatives Kristin Phillips-Hill (R-York) and Pam Snyder (D-Greene/Fayette/Washington) have formed a caucus to urge adoption of Broadband legislation.  They have already introduced a package of bills addressing lack of access in rural areas:  House Resolution 431 calling for an audit of a special Broadband fund administered by the PA Department of Education; House Resolution 429 establishing a legislative task force on delivery of high-speed Broadband services; House Resolution 430 which directs the State Government Commission and the Legislative Budget & Finance Committee to see if non-rural telephone companies are meeting their legal obligations in providing access to Internet services to rural residents; and House Bill 1642 which directs that there be an inventory of state-owned structures that could also be used to expand access.

In addition, on May 3, House Bill 2320 sponsored by Rep. Snyder was referred to the House Consumer Affairs Committee.  HB 2320 would increase the state requirement for band width ten-fold to match the Federal standard as set forth in the Connect America initiative.

HOUSE PASSES CAREER & TECHNICAL EDUCATION PACKAGE

On April 30, a bipartisan group of nine bills was approved by the House to boost Career and Technical Education (CTE):  House Bill 2155 reforms CTE teacher requirements by emphasizing work experience.  House Bill 2156 provides tax credits to businesses investing in CTE.  House Bill 2157 attempts to speed up classifications of instructional programs including agriculture.

Of note is House Bill 2203 sponsored by Rep. Pat Harkin (D-Erie) to have the PA Departments of Agriculture, Education, and Labor & Industry work jointly to develop an online career resource center.

REGULATORY REFORM LEGISLATION TAKES CENTER STAGE IN HOUSE

The House voted for bills to provide greater legislative control over PA’s regulatory system.

  • House Bill 1960 (Ellis-R-Butler) requires that each agency appoint a regulatory compliance officer, enabling the regulated community to better understand regulations and provide them with an informal way to resolve noncompliance issues before penalties.
  • House Bill 1792 (Benninghoff-R-Centre) gives the General Assembly the power to void existing regulation providing both House and Senate pass it and the Governor signs it.  Once a regulation is voided, an agency may not re-issue the same regulation unless specifically authorized by a new law.  A legislative committee may report a concurrent resolution to initiate repeal of an existing regulation after a public hearing is held.
  • House Bill 1237 (Keefer-R-York) mandates that a proposed regulation with an impact of one million dollars or more per year on business have a concurrence vote by the General Assembly, thus giving legislators veto power over economically significant regulations.
  • House Bill 209 (Phillips-Hill-R-York) establishes an independent Office of the Repealer.  That position’s duty is to review existing regulations and recommend repeal if they are obsolete or “if it finds the existing regulation(s) to be contrary to the public interest.”
  • House Bill 1959 (Rothman-R-Cumberland) requires all agencies that issue permits to increase transparency through the permitting process.

COMMITTEE VOTES TO ADDRESS HUNTER TRESPASS PROBLEM

On May 1st, the House Game & Fisheries Committee voted for House Bill 1603 (B. Miller-Lancaster) to make hunting while trespassing on private property a primary offense.  This changes current law which says that trespassing can only be charged if there is another violation of the Game Code.  Penalty is losing one’s hunting license for up to one year.

OTHER LEGISLATIVE DEVELOPMENTS

  • A bill to amend the Vehicle Code to increase the standard truck trailer width from 96 to 102 inches (House Bill 1699 sponsored by Rep. Jim Marshall-R-Beaver) is now in the Senate Transportation Committee after passage by the PA House.
  • House Bill 2034, (Marshall) is now in the Senate Agriculture & Rural Affairs Committee after 195-0 House passage.  It provides for agricultural liming materials labeling.
  • On May 1st, the House approved House Bill 1800 (Nelson-R-Westmoreland) for pharmacists to provide and insurers to pay for partial prescriptions in order to synchronize fill or refill dates.  This would reduce the numbers of people (rural elderly for example) who do not take their medications due to difficulties in getting to a pharmacy.

 

UPCOMING

  • May 20:  The PA Milk Marketing Board will hold a hearing on if and how the Milk Marketing Law should be changed.  Details: ra-pmmb@pa.gov
  • June 5:  The House Agriculture & Rural Affairs Committee will convene a hearing on Senate Bill 792 (Alloway-R-Franklin).  This legislation is a major re-write of rules regarding fertilizer.  It includes registration, labeling, and inspections as well as citing penalties for misbranding, adulteration, or actual weight being “shorter” than listed weight.  Following is a link to the actual language as there are also technical listings.  NOTE:  When reading, start on page 68.  http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2017&sessInd=0&billBody=S&billTyp=B&billNbr=0792&pn=1547

AG ONE Newsletter January 23, 2018

GENERAL ASSEMBLY RETURNS TO HARRISBURG

The PA General Assembly has resumed work in the New Year.  Advancing the spring agenda were two high-profile House Republican priorities:  a work requirement for non-disabled Medicaid recipients and regulatory reforms per a report issued by the Majority Chair of the House State Government Committee Daryl Metcalfe (R-Butler).  Note that a principal target of the State Government Committee report is the Susquehanna River Basin Commission. Also on the House side, the House Appropriations Committee is continuing its hearings with various state agencies on the Special Funds they control.  Underlying these hearings is the conviction shared by many House Republicans that PA’s Special Funds could be utilized to help balance the State Budget instead of having tax increases or additional borrowing by the state.

On the Senate agenda for third consideration (passage) is Senate Bill 792 (Alloway-R-Franklin) relating to application of turf grass fertilizer.  Another Alloway bill on third consideration is Senate Bill 799.  It seeks to replace the current municipalities’ storm sewer systems (MS4s) compliance with Chesapeake Bay nutrient reduction mandates with a private sector competitive bidding program.  Payment would come after Department of Environmental Protection (DEP) certifies nutrient reduction.

 LEGISLATOR UPDATES

  • Filling the term of her late husband Dan McNeill, Jeanne McNeill (D-Lehigh) was sworn in as Representative from the 133th district on January 2, 2018.  She was appointed to serve on House Environmental Resources & Energy, Game & Fisheries, Labor & Industry, and Local Government Committees.
  • Rep. Pam Snyder (D-Greene/Fayette/Washington) is the newest Democratic member of the House Agriculture & Rural Affairs Committee.  She, along with Republican Kristin Phillips-Hill (York) sponsored four bills targeting expansion of Broadband access for rural Pennsylvanians.  Rep. Phillips-Hill spoke at a Farm Show panel to which the video link follows: https://www.youtube.com/watch?v=m0FPvXdYuP4&feature=youtu.be

PVGA OFFERS FUTURE OF AGRITOURISM EVENT 

Among programs offered by the PA Vegetable Growers’ Association at its annual conference in Hershey is a special program January 30 on the impact municipalities are having on agritourism.  Examined are conflicts between local ordinances and PA laws protecting normal farming activities: The Right to Farm Act; Agricultural Area Security Law; Municipalities Planning Code; Pennsylvania Farmland and Forest Land Assessment Act (Clean and Green); Farmland Preservation / Conservation Easement programs.  Presenting will be Extension’s John Berry and former Deputy Attorney General Susan Bucknam.  Details: John Berry, johnberry@psu.edu, 610.554.2561 (Thanks to January 20, 2018 PVGA Update newsletter)

FEBRUARY FSMA WORKSHOPS SCHEDULED

The Pennsylvania State Council of Farm Organizations (PSCFO) in cooperation with the PA Department of Agriculture will be holding community service seminars on February 26, 2018 in Windsor (York County) and March 1, 2018, in Bedford to inform farmers/agriculture producers about their compliance requirements under the federal Food Safety Modernization Act (FSMA).

Material is directed at vegetable/produce growers.  It will also cover elements of a farm risk management plan which includes food safety, Crop Insurance, and information on what to ask an insurance agent to make sure that farmers’ insurance needs are met.  These two workshops mark the third and fourth of the series presented by the PA Department of Agriculture and the PA State Council of Farm Organizations.  The others were held in Tamaqua (Schuylkill County) and Kutztown (Berks County).  For more information, please contact Vince Phillips at PSCFO 717-232-9665, xenobun@aol.com or Lynn Herman at 814-880-2272, lherman77@comcast.net.

REGULATORY NOTE:  Comments on DEP proposed changes to the General Permit for Concentrated Animal Feeding Operations (PAG-12) are due by February 20, 2018.  Among other changes would be using a crop year October 1 – September 30 instead of a calendar year.  Details: https://pabulletin.com/secure/data/vol48/48-3/115.html

 MORE SCHOLARSHIPS

  • (Due February 1) America’s Farmers Grow Ag Leaders program sponsored by the Monsanto Fund is accepting applications from those 23 years of age or younger who are enrolled in trade schools or college.  Details: www.GrowAgLeaders.com
  • PA Association of Environmental Professionals is offering scholarships to students pursuing an environmental science or related major degree.  (Due February 5)  Details: Kristin Aiosa kaiosa@jmt.com
  • PA Vegetable Growers Association Rudolph Grob Memorial Scholarship applicants must be enrolled in at least a two-year program and be child or grandchild to a PVGA member.  (Due March 31) Details: 717-694-3596 https://www.pvga.org/wp-content/uploads/2014/04/g-ldr-rec-scholarship-application-17.pdf
  • Open to high school seniors living in Lackawanna, Susquehanna, Wayne and Pike Counties who will major in fish, game or wildlife management, forestry, environmental planning and related fields is a scholarship offered by the Northeast PA Audubon Society.  (Due April 30)  Details: http://www.nepaaudubon.org/?s=college+scholarships
  • Angus Foundation is offering scholarships to undergraduate and graduate students.  Applicants must have an active membership in the American Angus Association.  (Due May 1) Details: Milford Jenkins 816-383-5100; mjenkins@angusfoundation.org

AG ONE Newsletter August 21, 2017

PSCFO BOARD SEEKS RENEWAL OF AG FUNDING

On August 16, the PA State Council of Farm Organizations (PSCFO) Board met at AG Progress Days to discuss Harrisburg’s State Budget impasse.  While not getting into various revenue options, PSCFO will be urging legislators to pass the so-called “non-preferred” bills which supply funding to institutions of higher learning.  These enable Ag funding for two agricultural programs, the ones at Penn State (Land Scrip Fund – extension and agriculture research) and the University of Pennsylvania (Vet School).  Penn State’s School of Agricultural Sciences is additionally hampered because federal funds to the school cannot be released until funding enabling legislation is passed by the General Assembly.  On August 12, PSCFO sent out an advisory to Council members detailing the situation and urging action.

WOLF TOUTS ADMINISTRATION SUPPORT OF AGRICULTURE

In an address to a capacity crowd at AG Progress Days, Governor Tom Wolf called PA Agriculture one of the Commonwealth’s most important economic and environmental resources.  In the speech, he said that since 2015, PA Department of Agriculture operational funding has been increased by 23%, that two million additional dollars were allocated for avian influenza planning and response, and that farmland preservation funding had increased by 45% compared to fiscal year 2014-15.  In addition, three million dollars were allocated to distribute fresh farm products to the needy through PA’s food banks.  The Governor charted an ambitious 10-year strategic plan for PA Agriculture including increasing PA’s competitiveness and developing a workforce to meet PA’s future needs.

FARMLAND PRESERVATION UPDATE

On August 11, the PA Department of Agriculture announced that it added 33 farms in 12 counties to the roster of 5,169 farms in 59 counties preserved for future agricultural production.

REGULATORY UPDATES

  • PA Wine Marketing & Research Program Board grant applications deadline are due to PA Department of Agriculture Bureau of Market Development ATT: Agricultural Commodity Board Grant Program, 2301 North Cameron Street, Harrisburg, PA 17011 by September 1, 2017.
  • Department of Environmental Protection (DEP) cancelled the August 24 meeting of the Agricultural Advisory Board.  The next meeting is scheduled for October 26, 2017.
  • DEP announced that the annual Integrated Water Quality Monitoring and Assessment Report which was submitted to the U.S. Environmental Protection Agency (EPA) is available. (Water Quality Division 717-787-9637 or RA-WQAssessments@pa.gov )  This report documents PA’s water quality management programs per the federal Clean Water Act.  The report also identifies “impaired” waters even after appropriate pollution control technology has been applied to point sources and best practices are in place for nonpoint sources.
  • On August 11, the PA Department of Agriculture August 11 identified 21 additional municipalities in Berks, Bucks, Lehigh, Montgomery and Northampton Counties to be quarantined due to the presence of the invasive insect, Spotted Lanternfly.  Parts of Chester County were previously quarantined.

NATIVE AMERICAN AG SCHOLARSHIPS …The First Nation Development Institute is now accepting applications for five $1,000 scholarships to Native American college students majoring in agriculture and related fields such as agribusiness, agriscience, animal husbandry, horticulture, irrigation, food safety, etc.  Deadline for applications is September 28, 2017.  Details: www.firstnations.org/grantmaking/scholarship .

SCHOLARSHIPS 2017-18 AND BEYOND

It is not too early to look at scholarships for the 2018-19 college year.  Just updated, www.scholarships.com  has a list of at least 100 agriculture-specific scholarships.  Some are state-specific but many should be considered as active leads for any current student or enrolling student.  Details:  https://www.scholarships.com/financial-aid/college-scholarships/scholarships-by-major/agriculture-scholarships/

PENNSYLVANIA’S COLLEGE AGRICULTURE PROGRAMS

In addition to the Big Three (Penn State University, Delaware Valley University and University of Pennsylvania), there are other Pennsylvania colleges and universities offering agricultural studies. (www.american-school-search.com/colleges/agriculture/pennsylvania )

  • Temple University has three agriculture majors: Chatham University (Pittsburgh) has two majors as does Pennsylvania College of Technology (Williamsport)
  • Degree programs: Wilson College (Chambersburg), Arcadia University (Glenside)
  • Associate degrees: Bidwell Training Center (Pittsburgh) and Harcum College (Bryn Mawr). A specialized program is offered by PA Institute of Taxidermy (Ebensburg)
  • Community and regional colleges: Westmoreland County Community College (Youngwood), Schuylkill Technology Center (Frackville), Harrisburg Area Community College, Community College of Allegheny County (Pittsburgh), Lancaster County Career and Technology Center (Willow Street)

AG ONE Newsletter May 17, 2017

REDDING TAKES AIM AT HOUSE BILL 218

At a May 10 hearing of the House Agriculture & Rural Affairs Committee, PA Secretary of Agriculture Russell Redding warned legislators that the House Republican State Budget bill (House Bill 218) could endanger a number of core PDA functions:

  • A $2 million cut from what Governor Wolf proposed in February
  • Losing 21 positions in areas such as restaurant health and safety inspections
  • $407,000 less for the Nutrient Management Fund, leaving the fund in a deficit position by mid-2019
  • Conservation district cuts ($130,000 from PDA and $376,000 from the Department of Environmental Protection budget) could force districts to cut positions and services.

Secretary Redding also sent a letter to the General Assembly stating much of what was in his May 10 testimony, a link to which follows: http://www.agriculture.pa.gov/Pages/Letter-to-Legislature.aspx

REAL ID PROGRESSING

On May 10, Senate Bill 133 (Ward-R-Westmoreland) was referred to the House Appropriations Committee after a contentious session of the House State Government Committee which amended the bill along party lines May 8.  This legislation brings PA into compliance with the REAL ID Act of 2005, a Federal law requiring an upgrade to state systems of personal identification.  If PA does not comply with legislation in June, the consequence is that a driver’s license will NOT be accepted as identification on boarding commercial flights or providing access to Federal offices (Social Security, Farm Services Agency, military bases, etc.) in 2018.  The issue was an amendment in the House State Government Committee creating a two-tier system which allows Pennsylvanians to keep and use current ID if they choose.  Anyone going for the upgrade would have to pay for it, cost unknown.

POLLINATOR ISSUES SUBJECT OF STATE FORUM

On May 22, the Joint Legislative Conservation Committee will hold an Environmental Issues Forum in Harrisburg to profile Pennsylvania’s bee decline and its impact on agriculture.  For example, PA fruit crops depend on pollination with over 90% of the apple crop relying on honeybees.  The session will also look at ways to reverse the bees’ decline.  Details: Mike Nerozzi 717-787-7570, mnerozzi@jcc.legis.state.pa.us

OTHER LEGISLATION OF INTEREST

  • Fair Dealership Act legislation was introduced by Rep. Will Tallman (R-Cumberland/Adams).  House Bill 1348 is the top priority of PSCFO member Northeast Equipment Dealers Association.  The group argues that the bill is necessary to ensure accessibility to equipment options for agriculture producers.  On May 14, the PA State Council of Farm Organizations wrote to House Agriculture & Rural Affairs Majority Chair Martin Causer (R-McKean/Potter/Cameron) and Minority Chair Eddie Day Pashinski (D-Luzerne) asking for prompt committee consideration of the legislation.
  • New Senator John DiSanto’s (R-Dauphin/Perry) first major legislation was reported out by the Senate Rules Committee May 8.  Senate Bill 561 gives the General Assembly veto power over any regulation with an economic impact to the Commonwealth, its’ units of government, or the private sector exceeding one million dollars.  The legislative language suggests that Notices in the PA Bulletin, a less formal way to implementing policies, would not be governed by this bill.  Often, an agency will use Notices to inform as to its policy or change in policy.

GAME COMMISSION PROPOSES RULES

On May 13, the PA Game Commission published several proposed rules in the May 13 PA Bulletin, the links to which follow: Hunting and trapping; general ; Lands and buildings—special wildlife management areas; hunting and furtaker licenses—antlerless deer licenses ; Special permits; deer control

APPLE GROWERS ADOPT APPLE PROGRAM

Announced by the PA Department of Agriculture May 6 were results from an April referendum as to whether PA should reinstitute its Apple Program. The vote was 103 producers for and 48 against with six ballots ruled ineligible.  Link to the text of the Program Order follows: http://www.pabulletin.com/secure/data/vol47/47-18/770.html

FSMA/RISK MANAGEMENT SEMINAR in TAMAQUA JUNE 1st

In conjunction with Schuylkill County’s legislative delegation and with financial support from the PA Department of Agriculture, the PA State Council of Farm Organizations is offering a no-cost seminar on Food Safety Modernization Act (FSMA) compliance to produce farmers in the region. Held June 1 in Tamaqua, It will cover elements of a farm risk management plan which includes food safety, Crop Insurance, and information on what to ask an insurance agent to make sure that farmers’ insurance needs are met.  Details: 717-232-9665, xenobun@aol.com. Thanks to PSCFO members such as PA Vegetable Growers Association, PA State Grange, PA Association of Conservation Districts, PennAG Industries Association, MidAtlantic Farm Credit, and others for helping spread the word.   Also, PSCFO member PA Farmers Union is planning FSMA compliance webinars.  Details: www.pafarmersnion.org

New Quarrantine Order for High Path AI

On August 22, the PA Department of Agriculture issued an order imposing strict standards for cleaning vehicles, containers and materials that transport poultry and related products. This follows a June order requiring a 72-hour testing period for poultry moving to live bird markets and eggs destined for a commercial breaking operation coming from any of the 21 states where high pathogenic avian influenza (HPAI) has been detected. Link to the most recent order follows:
http://www.pabulletin.com/secure/data/vol45/45-34/1544.html

USDA Extends Comment Period for Ag Conservation Easement

USDA_logoThe USDA Natural Resource Conservation Service (NRCS) announced that the deadline for public comment on the Agricultural Conservation Easement Program (ACEP) interim rule has been extended to May 28, 2015.  Comments should go to Public Comments, Docket Number NRCS-2014-0011, Regulatory & Policy Team, USDA NRCS, 5601 Sunnyside Building, 1-1112D, Beltsville, MD 20705 or electronically via regulations.gov.

2015 OSHA Regulatory Change

osha-logoWASHINGTON, D.C. – The Occupational Safety and Health Administration (OSHA) has new workplace accident reporting requirements effective January 1. All work-related fatalities must be reported to OSHA within eight hours (current rule) and all in-patient formal admission hospitalizations, amputations and loss of eyes must be reported within 24 hours.  NOTE: Act 169 of 2014 (House Bill 1907 sponsored by Rep. Stan Saylor-R-York) requires hospitals to be clearer regarding whether the patient is in the hospital for observation versus being formally admitted.  Employers normally exempt from routinely keeping OSHA records are required to comply with this Rule.  Notifying OSHA may be done utilizing a regional office, calling 1-800-321-6742, or reporting the accident on-line at www.osha.gov/report_online. Link: https://www.osha.gov/recordkeeping2014/

Riparian Buffer Bill at Governor’s Desk

Riparian BufferHARRISBURG – House Bill 1565 (Hahn-R-Northampton) gives developers the ability to ignore a 150 foot forested (riparian) barrier requirement between development and certain waterways under the PA Clean Streams Law. Voting was not along party lines. The September 22 House vote of 119-79 saw 22 Republicans voting against and 31 Democrats voting for HB 1565. The Senate vote on October 14 was 27-22 with eight Republicans voting no and eight Democrats voting yes.

According to her sponsorship memo, Rep. Hahn said that the goal was “to clarify that riparian buffer and riparian forest buffers shall not be required but may be used as a best choice among best management practices or design standards to minimize pollution from erosion and sedimentation.” She said that current law “amounts to a taking of property without legislative oversight or approval”.

Supported by builders and business interests, this legislation was strongly opposed by the Chesapeake Bay Foundation, PA Landscape & Nursery Association, PA Environmental Council, PA Federation of Sportsmen’s Clubs, former DEP Secretary David Hess and others.

WOTUS Comment Deadline Extended

pa streamThe US Environmental Protection Agency (EPA)/Army Corps of Engineers proposed definition of “Waters of the US” or WOTUS has a new deadline for public comment, November 14.  The PA Department of Agriculture suggested that the proposed rule be withdrawn.

PSCFO did not comment due to the diversity of views within the organization.

There will be an informational panel on the subject at the October 27 Council meeting to contrast some of the positions.  Those seeking to comment should utilize

http://www.regulations.gov/#!submitComment;D=EPA-HQ-OW-2011-0880-0001

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