WEEK IN REVIEW (October 26, 2012) The next issue of the Week in Review will be published November 9. News for the Week of October 22: PSATS Holding Webinar to Answer Your Impact Fee Questions If you have questions about Act 13 impact fee funds, please join PSATS for one of two FREE MEMBERS-ONLY WEBINAR sessions next week: Tuesday, Oct. 30: Noon-1:30 p.m. -- Register at https://psats.webex.com/psats/onstage/g.php?t=a&d=669556790 Wednesday, Oct. 31: 9-10:30 a.m. -- Register at https://psats.webex.com/psats/onstage/g.php?t=a&d=662030910 PUC Commissioner Pam Witmer will join PSATS staff during both of these sessions to answer your questions about Act 13 impact fee revenue what you can use it for, accounting and reporting requirements, and much more. If you have specific questions that you would like to have answered, please help us prepare by submitting them to ImpactFee@psats.org by Oct. 29. We will address as many as possible during the webinar. You will also be able to ask questions during each of these interactive sessions. If you have questions about participating in the webinars, please call PSATS at (717) 763-0930. Latest Edition of Township Video News Released PSATS recently released the latest installment of the Township Video News, our monthly digital newsletter. Please go to www.psats.org to view the October 2012 program, which features an update on Act 13, the state's natural gas impact fee law, details about the final days of 2011-2012 legislative session, and reports on a new unfunded mandate study and the state's growing pension crisis. Also featured is a message from PSATS Executive Director David M. Sanko. Townships that want to provide feedback, suggestions for future episodes, or post a link to TVN on their own websites should contact Jill Ercolino, PSATS assistant director of communications and TVN's producer, at jercolino@psats.org or (717) 763-0930. 1
Giant Eagle to Purchase New CNG Volvo Trucks This week, Pittsburgh-based Giant Eagle announced that it plans to purchase 40 Volvo trucks with 12 liter Cummins compressed natural gas engines, which will allow trucks to carry up to 80,000 pounds. Last year, Giant Eagle was the first recipient of the Volvo 8.9 liter engine. Click here for more from the Pittsburgh Business Times. Despite Population Gain, Pennsylvania Has Fewer Voters Than 2008 According to the Pittsburgh Tribune Review, Pennsylvania is approaching this year s presidential election with 3 percent fewer registered voters than in fall 2008, an unusual slip that political analysts blame on a drop in voter enthusiasm across the country. Democrats bled 229,396 registered voters in Pennsylvania since the last presidential race, while Republicans are down 112,796 registrants. Meanwhile, voters unconnected to either major party grew by 7 percent, or 73,043, according to Pennsylvania Department of State figures. As of Monday the state had 8,487,093 voters, down from 8,755,588 in November 2008, despite a 2 percent population gain. Democrats continue to hold a 50-37 percentage registration edge over Republicans, down one point from 2008. Click here to read the Pittsburgh Tribune Review article. Judge Orders State to Respond in Voter ID Ad Case According to the Patriot News, the Commonwealth Court judge who earlier ordered the Voter ID law's implementation to be put on hold for the Nov. 6 election is asking the state to provide justification for why he shouldn't order it to change its voter education campaign about the law. Judge Robert Simpson gave the commonwealth until Oct. 30 - a week before the election - to respond to the law opponents' request for an injunction to stop the information being distributed about the law. Click here to read the Patriot News article. Top Corbett Aids Receive Pay Increases According to the Philadelphia Inquirer, Gov. Tom Corbett recently granted raises to a handful of top staffers. At the end of September, Corbett approved $10,000 raises for four aides on his 15- person executive and high-level staff, according to payroll records. Click here to read the Philadelphia Inquirer article. Report Finds Drilling is Good for Economy, But Only in Affected Counties According to the Scranton Times, a report released this week found that Northeast Pennsylvania is seeing job creation and related benefits from natural gas drilling, but only in the counties where it's taking place. The Institute for Public Policy and Economic Development released the economic impact report in 2008 and recently updated it with 2011 data. Click here to read the Scranton Times article. Looking for the most recent issue of the Pennsylvania Bulletin? Click here 2
New Acts Signed by the Governor: Gov. Tom Corbett signed several new acts into law on October 24 that are of interest to townships. Below are summaries of these acts: Joint UCC Board of Appeals Act 179 of 2012 (HB 2530) amends the Pennsylvania Construction Code Act (Act 45 of 1999, as amended) to explicitly allow municipalities that are administering the UCC on their own to designate a joint UCC board of appeals for their community and addresses a recent Commonwealth Court decision, Middletown Township v. County of Delaware Uniform Construction Code Board of Appeal. Act 179 takes effect December 23, 2012. Streamlining the municipal review process for cell tower collocation Act 191 of 2012 (SB 1345) requires municipalities to be consistent with federal law by streamlining their land use review procedures for applications to collocate new antennas on existing cell towers and support structures. The act defines collocation as the installation of new facilities on previously approved and constructed support structures, such as cell towers, electrical transmission towers, water towers, and other structures approved by the municipality that can support these facilities. Act 191 requires collocations to comply with all applicable conditions of approval that applied to the initial structure and restricts collocations from substantially changing the physical dimensions of the structure by more than 10 percent or 20 feet, whichever is greater. The act provides that an application for replacement, modification, or collocation of a wireless support structure shall be reviewed for compliance with the municipality s building permit requirements, but shall not be required to obtain new zoning or land use approvals or review beyond the initial zoning or land use approvals that were issued for the existing structure and permits municipalities to charge a zoning permit fee for collocation applications to cover actual and reasonable costs to review and process these applications. Act 191 takes effect December 23, 2012. Illegal Vehicle Code ordinances Act 187 of 2012 (SB 1147) amends Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes to provide that if a court finds that a municipality has adopted an ordinance that conflicts with the Vehicle Code, PennDOT would be required to suspend its liquid fuels allocations until the ordinance is repealed or substantially amended. Act 187 takes effect December 23, 2012. Child Labor Act Act 151 of 2012 (HB 1548) updates and reauthorizes the Child Labor Law to bring Pennsylvania into compliance with the Fair Labor Standards Act. The act clarifies allowable activities for junior firefighters. Minors who are 16 or older and have completed basic training will be permitted to engage in firefighting under the direct supervision of the fire chief or an experienced line officer. Minors who are 14 to 15 years old will be limited to attending training, performing first aid, participating in clean-up service around the scene of a fire, and helping with coffee wagon and food services. Act 151 will take effect January 22, 2013. 3
Consultant fees Act 154 of 2012 (HB 1718) amends the Pennsylvania Municipalities Planning Code (MPC) to address the dispute resolution process for fees charged by consultants. The measure extends the time to challenge the fee and clarifies which party is responsible for the arbitrator s fee based on the outcome of the decision. Act 154 takes effect December 23, 2012. Consultant fees Act 155 of 2012 (HB 1719) amends the Municipality Authorities Act to address the dispute resolution process for fees charged by consultants. The measure extends the time to challenge the fee and clarifies which party is responsible for the arbitrator s fee based on the outcome of the decision. Act 155 takes effect December 23, 2012. Clean and Green land for composting Act 190 of 2012 (SB 1298) amends the Pennsylvania Farmland and Forest Land Assessment Act (Act 319 of 1974) to authorize land devoted to composting to be eligible for a preferential tax assessment. In addition, the act allows the direct commercial sale of agriculturally related products on property receiving a preferential tax assessment if the activity takes place on no more than a half an acre; at least 50 percent of the products are produced on the tract; and the activity requires no new utilities or buildings. Act 190 took effect October 24, 2012. Local option games of chance Act 184 of 2012 (SB 444) clarifies that Chapter 5 of the Local Option Small Games of Chance Act, which was added by Act 2 of 2012, only applies to eligible organizations that have club licenses. The act also clarifies that only those organizations that have proceeds of more than $2,500 in a calendar year are required to report prizes awarded under Section 335 of the Tax Reform Code of 2012 and the amount spent on public interest purposes. Act 184 takes effect December 23, 2012. Ski resort liquor licenses Act 149 of 2012 (HB 1310) amends the Liquor Code to allow liquor licenses to be issued to a privately-owned ski resort in addition to the licenses currently allotted for an area. Act 149 takes effect December 23, 2012. Land banks for tax-foreclosed properties Act 153 of 2012 (HB 1682) authorizes counties and municipalities or a group of municipalities that has a population of more than 10,000 to establish land banks to hold, manage, and develop vacant, abandoned, and tax-foreclosed properties. Any revenue received from the sale or development of such properties will be required to be transferred to the land bank s jurisdiction. Act 153 takes effect December 23, 2012. Municipal police officers education and training Act 165 of 2012 (HB 2043) amends Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes to direct the Municipal Police Officers Education and Training Commission to grant full or partial waivers for mandatory basic training to federal law enforcement officers and military police who have successfully completed previous equivalent training. Act 165 took effect October 24, 2012. Certified parking meter inspectors Act 169 of 2012 (HB 2366) requires municipalities that operate parking meters to have a certified inspector test the meters at least every 60 months. The state Department of Agriculture is required to establish training and certification requirements and procedures for parking meter inspectors. Act 169 took effect October 24, 2012. 4
Steel Products Procurement Act Act 159 of 2012 (HB 1840) requires the state Department of General Services to prepare and post on its website an annual list of steel machinery and equipment that is exempt from the requirement that local governments and the Commonwealth purchase steel products manufactured in the United States because they are not produced in sufficient quantities in the United State. Act 159 takes effect December 23, 2012. For copies of any of these acts, go to www.legis.state.pa.us. Upcoming Session Days for the Pennsylvania General Assembly: The House and Senate are scheduled for session on the following days, unless otherwise noted: November 13 (House only), 14 (House Session, Senate Leadership Elections) Legislative Committee Meeting for the Week of October 29: MONDAY - 10/29/12 Senate Local Government 9:30 a.m., Hearing Room 1, North Office Building Public hearing on debt of Harrisburg Authority and related matters Content contributed by Pennsylvania Legislative Services. Looking for daily updates on legislation and news related to townships? Check out the PSATS Legislative update: http://www.mypls.com/psats/tabid/1338/default.aspx located on our Grassroots Lobbying Network page. Also be sure to Like us on Facebook at www.facebook.com/psats and Follow us on twitter http://twitter.com/psats! And as always check out www.psats.org for the latest updates. Should you like to be removed from this mailing, please send an e-mail to grassroots@psats.org. 5