Recycling Legislation

Recycling Fee Reauthorization Growing Greener Funded for Ten Years Transportation Requirements and Licensing Proposed Legislation

The Recycling Fund and Fee Bill Passes Legislature

The Recycling Fee Reauthorization finally passed the PA State Senate two days before Thanksgiving and the State House subsequently concurred on the bill the next day. Passage ended a long and sometimes circuitous journey through the General Assembly that began a year ago. Through the hard work of PROP members and other recycling advocates, legislators became convinced that recycling was indeed worth funding. Support, in the end, was so overwhelming that the bill saled through both chambers without dissent.

Several amendments had been added during the later stages of the process as the Senate Appropriations Committee added language that tempered and clarified the provision requiring a state plan to make local programs self sufficient. The new language says that the "Department shall develop a plan to assist municipalities in making their recycling programs... self-sufficient", rather than "make" them be self-sufficient. PROP and DEP staff had raised concern over the initially proposed language and saw this amendment as a positive change to address those concerns.

One other notable change made will now allow Councils of Governments (COG's) to apply for and receive Section 902 and 904 grants. Previously, COG's could, in effect, apply for those grant funds but they had to be channeled through a lead municipality. This change will, among other things, give COG's the legal standing to actually own grant funded equipment. It is hoped that it will further encourage intermunicipal programs and make related efficiency improvements.

The final version of the bill also included a sunset date of January 1, 2009, providing an additional four years and three months beyond the present sunset. The House had originally proposed eliminating the sunset date all together but some in the Senate thought a sunset date was still appropriate.

Now that the bill has moved through the legislature, PROP members and recycling advocates should be sure to extend thanks to everyone that made passage a reality.

• Thank both senators and representatives for the support of recycling. Our outreach helped build broad, bipartisan support for reauthorization of the Recycling Fund Fee. A quick note to your Senator and Representatives is even easier through our CapWiz Legislative Page. Addresses and e-mail addresses are easily secured by simply typing in your own zip code.
• Also thank those that wrote to legislators on your behalf or at your prompting. We had hundreds of people who wrote legislators and we should let them know that we appreciate their help.

Don't be afraid to build on the relationship with your represntatives that you have built or enhanced during this debate.

• It is noteworthy, that current recycling grant requests still far exceed available grant funding and we need to remind everyone of that concern. As new communities are mandated, more rural counties and communities expand programs, and additional composting efforts are undertaken, the need for funding will continue to grow.
• This means that it is also important that new administration eliminate the current withdrawal of Growing Greener funds from the Recycling Fund. With dedicated funding for Growing Greener, the $25 million annual withdrawal from the Recycling Fund should no longer be necessary and could be used for recycling and composting efforts that could not be funded in recent grant rounds.

Growing Greener Funded for Ten Years

New funding for Growing Greener (HB 2044) passed the Pennsylvania General Assembly in the wee hours of the morning, June 29th. As it has settled out, there will be $4/ton fee going to Growing Greener and the State's General Fund in the next fiscal year, with the entire $4/ton going to the environmental grants program in subsequent years, through 2012. From the $4/ton fee, the first $50 million goes to the Growing Greener programs and grants in the 2002-2003 fiscal year. The remainder of the fee will go to the General Fund to help address the state's revenue shortfall during the next fiscal year. Though the earlier proposed $6/ton fee and its more diverse funding list had many supporters in the House, it did not have widespread support in both chambers and from both sides of the aisle. Despite a broad constituency of support from fish and wildlife organizations, downtown revitalization advocates, land trusts and conservancies, and most recently volunteer firemen, it was recycling and watershed organizations that appear to have survived the fray. Unfortunately, a vote on the Recycling Fund Fee was delayed since the Recycling Fund did not have a direct impact on the General Fund and related budget issues.

Transportation Requirements and Licensing

In one of those interesting twists of legislative magic, the waste transportation requirements and state-wide licensing process for waste vehicles also came back as part of this bill. This part of the bill enhances waste truck regulations, including collection vehicles as well as transfer trucks, to address the many safety and oversight concerns connected with waste transport. It also includes a provision for a statewide program for the licensing of 15,000 - 20,000 waste vehicles wandering about on the Commonwealth's highways and byways. PROP's public sector members had serious concerns that the legislation would prohibit local and county licensing. Fortunately, legislators heard those concerns and allowed existing licensing programs to remain intact. New local licensing or permitting programs will not be allowed, however.

Proposed Legislation

A bill to regulate the disposal of pressure treated lumber (HB 1794) was passed by the Pennsylvania State House of Representatives in the spring but remains in the State Senate Energy and Environmental Resources Committee. The bill would clarify that treated lumber may not be burned in open fires anywhere in the Commonwealth. Rather, it must be disposed of in a permitted disposal facility. This would also imply that the material may not be composted either.

Please feel free to contact us electronically jfrederick@proprecycles.org or by phone (800-769-PROP) if you have any questions or wish to discuss any of the related issues.