HB 1565 Riparian buffer bill could see final passage next week

The ongoing debate concerning a bill altering current watershed buffer requirements moved to the Senate in the legislature’s next-to-last substantive session week.

According to Erik Arneson, spokesperson for the Senate Majority Leader, the bill—House Bill 1565--could potentially run next week in the Senate.

If approved, the legislation would need to go back to the House for concurrence.

Current law requires mandatory riparian buffers that prohibit earth disturbances within 150 feet of a certain rivers, streams, creeks, lakes, ponds or reservoirs when the project site is located in an exceptional value or high quality watershed attaining its designated use.

As amended in the Senate Environmental Resources and Energy Committee this week, House Bill 1565 would make the buffer optional along with best management standards, design standards, and other alternatives that are substantially the same as riparian buffers.

Also, any projects within special protection watersheds in a drainage list that proposes earth disturbances within 100 feet of any surface water will have to offset any reduction in current buffers with additional buffers somewhere else in the drainage basin.

“The big deal is [current law] protects some of the highest quality watersheds in Pennsylvania,” said Dave Hess, former Ridge-administration DEP Secretary and opponent of the legislation. “The Federal Clean Water Act requires us to do things so that the quality of that water is not degraded and stream buffers are the most economical and most effective at doing that.”

He noted that the current law only applies to a small percentage of the watersheds in Pennsylvania and has nine exemptions.

Hess offered that perhaps a better way to deal with the current complaints of builders and landowners is to have a more efficient permit or waiver-approval process, which has been hindered by a reduction in staff at DEP.

“That issue we think can be dealt with without throwing out a very valuable tool,” he said.

One of the main proponents of the bill in the Senate, Sen. Lisa Baker (R-Luzerne), portrayed the legislation as a “landowner/property rights bill.”

“What we are trying to do in the bill is develop a balance between responsible development and environmental protection,” she told The PLS Reporter. “So, not just a one-size fits all approach.”

She noted the current law has a disproportionately negative impact in Northeastern Pennsylvania, which she represents.

“While 34 percent of this land is in Pennsylvania with the high quality/exceptional value watersheds; Monroe County 85 percent of all private land is high quality/exceptional value; Pike is 98 percent; and Wayne County is 94 percent,” she said.

Sen. Baker explained the legislation is not going to change protection of riparian zones for streams or other laws currently in place and enforced by DEP ensuring clean surface water, but will give landowners more options.

“As opposed to saying this is the only thing you must do, it’s an analysis that’s rooted in a scientific approach,” she said.

The Senate reconvenes on Tuesday and with only a few remaining voting session days, time is an issue with getting the bill to the governor’s desk.

Source: PLS Reporter