State Senate Hearing in Erie Focuses on Gas Drilling in the Lake Erie Watershed

Erie – May 5, 2016 – At the request of state Sen. Sean Wiley, the state Senate Democratic Policy Committee held a hearing today on problems related to gas drilling in the Lake Erie watershed.

“We need to make responsible and measured decisions about where we can expand – as well as where we should limit – the presence, growth and impact of gas drilling,” said Sen. Lisa Boscola (D-Northampton/Lehigh), who chairs the committee. “Land owners, local communities and critical watershed regions like Lake Erie cannot take a back seat to company profits. “

Sen. Sean Wiley (D-Erie) said he called for the hearing to focus statewide attention on issues such as clean water withdrawal from Lake Erie as well as concerns over the disposal of shale gas wastewater and the potential for catastrophic contamination of sources of drinking water.

“The Lake Erie watershed is a prime destination for anglers and hunters,” Wiley said. “It is imperative that we take the necessary steps to protect and preserve this pristine resource that has been so important to our region for so long.”

Wiley said that hundreds of thousands of people fish the Ohio and Pennsylvania portions of Lake Erie, which overlie much of the Utica shale gas formation. While agreeing that the economic and job benefits of gas drilling are significant, Wiley cautioned that huge water withdrawals from the watershed, threats of wastewater pollution and well integrity issues could alter stream flows, threaten steelhead fishing and encourage the introduction of invasive species in the region.

Much of today’s hearing focused on state laws regulating gas drilling and what steps can be taken to better protect the state’s watershed regions. Boscola called for the need to strike a “balance” between efforts to encourage gas drilling and competing efforts to protect community, recreational, health and environmental interests.

Erie County Executive Kathy Dahlkemper said she cannot support gas drilling in the Erie watershed because there are too many risks to “our health, public safety and to the beautiful resource that is Lake Erie.

Pointing to devastating natural gas explosions around the state, Dahlkemper asked, “How much risk is too much risk? We have a duty to protect the Lake Erie watershed and a responsibility to protect this fresh water resource that provides drinking water for tens of thousands of people, has generated $980 million in tourism and provides some of the best fishing in the nation.”

Dr. Marsha Haley, who serves as an assistant professor of radiation oncology at the University of Pittsburgh, pointed to studies indicating that leaching of drilling wastewater can affect the chemical composition of streams and adversely impact water ecosystems and watershed wildlife.

She also pointed to separate studies in Washington County, Southwestern Pennsylvania and Northeastern Pennsylvania indicating that people who live closer to well sites experience a greater incidence of health problems ranging from respiratory and heart symptoms to lower birth weight.

Representatives from the oil and gas drilling industry were invited to testify, but declined to attend.

“This hearing shouldn’t be an argument that pits drillers against preservationists, job creators against environmentalists, and the state’s energy sector against health and community interests,” Boscola said. “To me, our task isn’t about taking sides. It’s about finding a balance.”

Boscola and Wiley were joined on the Senate panel by Senate Democratic Leader Jay Costa (D-Allegheny) and Sen. Jim Brewster (D-Allegheny/Westmoreland).

In addition to Senate committee members, the following took part in the discussion:

  • Erie County Executive Kathy Dahlkepmer
  • Marsha Haley, medical doctor (radiation oncology)
  • Sister Pat Lupo, Benedictine Sisters, Environmental Education and Advocacy of Erie County
  • John Rossi, Pennsylvania State Chapter of the Sierra Club
  • John Walliser, Pennsylvania Environmental Council
  • Ryan Grode, SWPA Environmental Health Project

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Senate Democrats Ask Treasurer to Withhold Payment to Charters

Harrisburg – Oct, 20, 2015 – State Senate Democrats today called on the Pennsylvania state treasurer to “stop payment” on a scheduled disbursement of property tax revenue headed to charter schools. They have sent a letter to state Treasurer Tim Reese formally asking for the withholding of the money.

“Charter schools are seeking gaming tax relief funds based on one legal interpretation, while public schools and many public officials have a different view of the law,” state Sen. Democratic Leader Jay Costa (D-Allegheny) said today. “The treasurer should not release one dime until there is legal clarity and outstanding issues have been resolved.”

Charter schools contend that they are due disbursement from funds generated from gaming revenues. Typically, when a state budget is adopted, charter school funding is deducted from basic education subsidies.

Due to the budget impasse the normal funding stream is not available. The charters say that the law stipulates that since those funds are not available, the funds are then deducted from other state payments. The state is expected to make a $45 million payout to charter schools on Oct. 22, with 312 school districts diverting funds to charter schools.

“All of our schools, including traditional public schools and charters, need to be appropriately funded by the commonwealth,” Senate Democratic Appropriations Chair Vincent J. Hughes (D-Philadelphia/Montgomery) said. “However, we cannot provide special assistance to charter schools while many other school districts are suffering.

“I urge the state treasurer to hold off making payments to charter schools until the budget impasse has been resolved and all schools have funding in place.”

Sen. Jim Brewster (D-Allegheny/Westmoreland) called for the suspension of the payment to charter schools late last week. Brewster said “public schools are facing incredible difficulties because of the lack of a state budget.

“Now, the funding they are getting outside of the basic subsidy is being hijacked and that is wrong.”

Brewster pointed to the situation involving two of his school districts in the Monongahela Valley as examples of inequity. He said that while McKeesport is due $1.2 million in reimbursements, they will only receive $41,000 after charter school funds are deducted. He said that Clairton will have to send its entire $230,000 reimbursement to charters and receive nothing.

“Since so many of our schools are hurting due to the budget impasse, we need to answer important legal questions regarding these funds before they are distributed later,” Sen. Andy Dinniman (D-Chester), Democratic chair of the Senate Education Committee, said. “The bottom line is that both public and charter schools are in need of these supplemental gaming funds – funds that do not go through the normal budget process.”

In the letter to the treasurer, Senate Democrats said they do not believe that gaming fund reimbursements constitute “state payments” and that the state law dealing with disbursement of funds never contemplated a budget impasse.

They say that the statute involving the generation of faming funds and property tax relief define the use of funds disbursed from the property tax relief fund. Senate Democrats say that there is no discretion to shift funds earmarked for tax relief to pay operational costs at charter schools.

“Pennsylvania Race Horse Development and Gaming Act and the Taxpayer Relief Act must be read together in order to establish the General Assembly’s intent for the use of the money in the Property Tax Relief Fund,” the letter says.

Costa said that under the Fiscal Code the state treasurer has the authority to withhold payments from the state treasury.

“No payment can be made without the state treasurer’s warrant and approval,” Costa said. “This is a clear case when the law is murky and public schools are being treated inequitably by laws that did not anticipate a long budget impasse.”

Brewster, who met with the secretary of education and budget secretary yesterday about the issue, said he is very concerned about the short-term financial health of school districts if the funds are diverted.

“Many school districts across the state will bear the burden if these funds are released and they are not compensated,” Brewster said. “Given the outstanding legal issues, the responsible course of action is to stop payment until the conflicting interpretations of the law are reconciled.”

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$ 300 Million Education Common Core Mandate Threatens Graduation

No Legislative Oversight, Lack of Financial Backing Panned by Senate Democrats

Harrisburg, May 13, 2013 – A new unfunded education mandate now being quietly pursued by the Corbett administration will soon saddle school districts with a $300 million expense and threaten graduation for thousands of students across Pennsylvania, Senate Democrats said today at a Capitol news conference.

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Sen. Andrew Dinniman (D-Chester) Democratic chair of the Senate Education Committee, Senate Democratic Leader Jay Costa (D-Allegheny), Sens. Judy Schwank, John Blake and Jim Brewster all expressed their displeasure and concerns about the proposed changes.

“We are not opposed to the implementation of Common Core standards for Pennsylvania’s students,” Dinniman said. “But we are opposed to Common Core standards without adequate state financial resources for our schools so that all of our students have the opportunity to succeed under those standards, including those in financially distressed school districts.

“For the Commonwealth to increase standards without the adequate fiscal resources is a charade. It is a sham that will only lead to false hope,” Dinniman said.

Common Core standards are being sought by the state Department of Education as a way to determine proficiency and graduation eligibility.

According to Dinniman, the implementation of Common Core standards will result in an unfunded mandate of at least $300 million for local schools. There is no specified funding or plan to provide for the remedial instruction, the redesign of curriculum, or the project-based assessments for those who repeatedly fail the tests.

“The implementation of these new standards should be reviewed thoroughly by the General Assembly,” Costa said. “This whole new testing structure will cost taxpayers dearly and it is being implemented without a full understanding of the benefits for students, teachers, administrators and taxpayers.

“A complete explanation of what is being sought by the department is necessary before Pennsylvania schools put these new standards into play.”

Schwank, who represents the economically and academically struggling Reading School District, said the new testing will be particularly devastating to fiscally challenged schools.

“School districts like Reading, as well as many others around the state, are drowning in red ink now,” Schwank said. “These new mandates, without proper fiscal support, will make their financial plight even worse.

“There is certainly nothing wrong with increasing proficiency standards but students, teachers and schools must have resources to invest to address deficiencies.”

To implement new standards and testing procedures without adding dollars makes no sense, Blake (D-Lackawanna) noted. Especially, he said, after the Corbett administration has slashed basic education support by $900 million.

“To add new core testing procedures and a mandate at a cost exceeding $300 million after cutting education support is irresponsible,” Blake said. “The local property taxpayer is going to get squeezed and economically strapped schools and taxpayers will bear an even greater burden.”

Brewster said instead of implementing more tests and costs, educators and the Corbett administration need to step back and decide whether the current testing structure is constructive. He has proposed Senate Bill 823 to create a bi-partisan commission to recommend changes or a total scrapping of the current student testing procedures.

“My belief is we need to look at what we are doing with student testing and come up with a new, better approach that accurately reflects student, school, teacher and community performance,” Brewster said. “Today’s tests are flawed and the whole system is need of restructuring.”

Senate Democrats also lamented that the new Common Core tests involve 10 days of testing, which takes even more time away from traditional instruction.

They added that districts could receive a deeper financial bludgeoning if students fail to pass the tests.

The new Common Core standards will exacerbate the problem of teaching to the test, Senate Democrats said.