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November 18, 2011

Senator John Pippy E-News

Senate News Brief

TOMLINSON BILL PROHIBITING TEXTING WHILE DRIVING SIGNED INTO LAW

The Senate gave final approval Nov. 1 to legislation sponsored by Sen. Tommy Tomlinson (Bucks) to make Pennsylvania roads safer by prohibiting drivers from texting while driving.
 
Senate Bill 314 was signed into law as Act 98 of 2011. The law makes texting while driving a primary offense, meaning that police can pull over motorists for sending or receiving text messages from a wireless communication device. Drivers who violate the law would face a $50 fine.

A recent study by a safe-driving institute found that drivers who text are 23 times more likely to be in an accident. Pennsylvania joined 34 other states in enacting legislation to prohibit texting while driving.

Senator Tomlinson: "Texting is one of the most dangerous distracted driving activities that motorists engage in. When you text, you have to take your eyes off the road, you aren't paying attention, and the consequences can be deadly."
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URLs for Links Above:
Senate Bill 314: http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0314

BROWNE'S CONCUSSION PREVENTION BILL SIGNED INTO LAW

Legislation sponsored by Sen. Pat Browne (Lehigh) to increase awareness and prevention of traumatic head injuries among Pennsylvania's scholastic athletes was approved by the Legislature and signed into law.

The Senate on Nov.1 unanimously concurred on House amendments to the measure.
 
Under Senate Bill 200, now Act 101 of 2011, the Safety in Youth Sports Act, students showing symptoms of a concussion can be sidelined by officials, coaches, athletic trainers, licensed physicians, licensed physical therapists or other officials designated by the school and barred from participating in games, competitions, scrimmages or practices until evaluated and medically cleared by an appropriate medical professional.

Senator Browne: "There is no reason for a young person to put their life and future in jeopardy after they sustain a concussive injury. We want to encourage all students to be active; but, they must be smart about it and this legislation will provide important safeguards for them." 
 
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URLs for Links Above
Senate Bill 200: http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=0200

COMMITTEES APPROVE BAKER BILLS TO PROVIDE STATE AID TO FLOOD VICTIMS

Two flood-recovery bills introduced by Sen. Lisa Baker (Luzerne) to help the hardest-hit victims of Hurricane Irene and Tropical Storm Lee won the approval of key Senate committees.

Senate Bill 1264, which offers grants to persons whose uncompensated losses exceed the limit of federal aid, was approved Oct. 31 by the Senate Veterans Affairs and Emergency Preparedness Committee, which Senator Baker chairs.

Senate Bill 1297, which offers low-interest loans to small businesses in flood-declared counties, was approved Nov. 1 by the Senate Community, Economic and Recreational Development Committee, chaired by Sen. Jane Earll (Erie).
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URLs for Links Above
Senate Bill 1264: http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1264
Senate Bill 1297: http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&BN=1297

IN THE SPOTLIGHT

Senator Baker noted that Hurricane Irene and Tropical Storm Lee were among the worst natural disasters to hit her region, but existing programs are not enough to meet the need.

Senate Bill 1264 offers grants of up to $10,000 to flood victims whose uncompensated losses exceed the limits of federal aid. An individual with an income at or below 300 percent of poverty level is eligible to apply.

Senate Bill 1297 sets up a state loan program through the state's Department of Community and Economic Development. The Small Business Flood Relief Program would help for-profit enterprises that employ 100 or fewer persons.

Loans to small businesses will range up to $100,000. Loans for working capital or inventory will be offered at three percent interest. Loans for equipment or real property would not exceed one percent interest.

Senator Baker: "Some communities had their entire business district washed away. It is clearly in the public interest to help flood-stricken communities, businesses and employees recover as soon as possible."
 

FAST FACTS

REQUIREMENTS OF SENATE BILL 200: THE SAFETY IN YOUTH SPORTS ACT

• The Department of Health and the Department of Education will post information on risks of head injuries and concussions on their websites.
• Students and their parents will review information regarding the risk of head injuries and concussions before participation in scholastic sports activities.
• Students showing signs of brain trauma must be taken out of a game and be evaluated by an appropriate medical professional who is trained in the management and evaluation of concussions before they return to participation – with penalties for coaches who violate this provision.

Coaches must be trained in the risk of brain injury in scholastic sports in a program certified by the Center for Disease Control or the National Federation of State High School Associations. 

Update on Senate Bill 1100 from Senator John Pippy 

Knowing your interest in the issues surrounding natural gas drilling within the Marcellus Shale formation, I would like to take this time to provide you with the following legislative update regarding Senate Bill 1100. SB 1100 was passed in the Senate on November 15, 2011 by a vote of 29-20 and I voted in favor of the bill on final passage. SB 1100 now moves to the House of Representatives for their consideration and debate.

In addition to meeting and talking with many constituents, I have received a number of emails, letters, and phone calls on just about every aspect of Marcellus Shale development and regulation. Because of the great amount of interest in this topic, I have created a special page on my website dedicated to keeping you up to date. It contains several resources, including a bill summary and links to numerous news stories, which will be helpful for you as you seek to understand the thought processes of behind the negotiations in Harrisburg on this important issue. You can connect directly to this page, and all of the resources I mention later in this letter, by clicking on the following link: http://senatorpippy.com/sb1100-update.htm

As you may know, SB 1100 was introduced in May of this year and sought to address a wide range of the statewide, regional, and local impacts that natural gas drilling presents. The personal experiences and professional analysis that have been provided to me have proven to be a valuable resource as I, along with my colleagues in the Senate, have evaluated and debated the complex issues surrounding this industry. While the original bill contained a number of merits, one weakness was its treatment of a local government’s authority in zoning. Over the past several months, I continued to press this issue with Senate leadership and fought for the necessary input and direction from local governments in the 37th Senatorial District and around the Commonwealth.

As I have said in the past, given the diversity of Pennsylvania’s landscape and existing local zoning municipal planning, I believe that municipalities should be able to regulate aspects of drilling such as noise, lighting, truck traffic and other factors that may impact residential areas. With this in mind, I voted in favor of an amendment on the Senate floor that would have given greater latitude to local zoning power as it relates to natural gas drilling. Unfortunately, the amendment failed by a vote of 22-27, and was not part of SB 1100, as passed. Nevertheless, SB 1100 still provides many improvements on the issue of local zoning in contrast to the earlier versions of the bill. Presently, the legislation allows municipal governments to impose lighting and noise restrictions consistent with other industrial activities in a zoning district. It also allows municipalities to establish setbacks which prohibit drilling in residential area, which would require a well head to be placed at least 500 feet from an existing structure. For a more detailed look at the local ordinance provisions in SB 1100, please review page five of the SB 1100 summary on my website (http://senatorpippy.com/sb1100-update.htm). I would also encourage you to review the memo provided by a coalition of local government organizations, which is also linked on the website. This correspondence provides relevant background on the development of the compromise approach that SB 1100 takes on the issue of local preemption, especially in comparison to House Bill 1950, which is currently in consideration in the House.

Regarding environmental protection, I have continued to express my support for both increased setbacks for sensitive community assets (such as schools or hospitals) along with the protection of our environment and natural resources. The current Oil & Gas Act prescribed a general 200 foot setback from any structure, which is inadequate for the protection of these sensitive community assets. Ultimately, SB 1100 in its current form would increase the setbacks to 500 feet from occupied structures and 1,000 feet from public drinking water sources. These setbacks will be some of the strictest in the nation. In addition to these requirements, this bill prescribes a number of new safety and environmental protections measures that must be taken by drilling operators. These are detailed on page four of the SB 1100 summary available on my website.

Regarding the impact fee, SB 1100 establishes a fee that is intended to be applied to unconventional wells drilled in the Marcellus Shale formation. The fee does not apply to traditional shallow gas wells and is adjusted for “stripper wells” and vertical gas wells in an unconventional formation that produce less than 180,000/90,000 (respectively) cubic feet of gas per day. In summary, the impact fee would levy a $50,000 per well fee in the first year, $40,000 in the second, $30,000 in the third, and $20,000 in years four through ten. Starting with the 11th year of production and continuing through the 20th year, an annual fee of $10,000 is imposed. A detailed summary of the impact fee, including the fee structure and distribution can be found on page 1 and 2 of the SB 1100 Summary on my website.

Due to the depth and complexity of SB 1100 and the multiple issues this bill addresses, I encourage you to review the previously mentioned summary of SB 1100 and other material provided on my website (http://senatorpippy.com/sb1100-update.htm). It also includes links for some of the recent media coverage that outlines the legislation, including articles from the Pittsburgh Post Gazette, the Pittsburgh Tribune-Review, and Capitolwire.com, a Harrisburg-based news service.

In closing, I wish to again thank all of you who have provided input and feedback on Marcellus Shale drilling policy over the past year. It is important to me that I stress that this bill is the result of many months of debate and negotiation around the state among the many stakeholders and organizations in the Commonwealth that are impacted by this industry. The final bill is a result of compromise on all sides and will now be sent to the House of Representatives for their review and consideration.

Sincerely,
John Pippy 

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URLs for Links Above:
Senate Bill 1100:  http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=S&type=B&bn=1100
Senator Pippy's Marcellus Info Page: http://senatorpippy.com/sb1100-update.htm 
House Bill 1950: http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&bn=1950

PennDOT Weekend Traffic Alerts

PennDOT District 11
Weekend Construction Summary
November 18-21, 2011 

Pittsburgh, PA – PennDOT District 11 is reminding motorists several highway and bridge improvements will occur in Allegheny County this weekend, Nov. 18-21.

All activities are weather permitting and subject to change. Motorists should plan their travels accordingly by anticipating highway work zones, slowing down, exercising patience and being safe.

PennDOT is also reminding motorists approaching lane restricted highway work zones to use all open lanes to the merge point. Please be courteous to other motorists and allow them to merge. The effectiveness of traffic flow in highway work zones is highly dependent on driver behavior. Using all lanes and allowing a consistent, courteous merge will reduce congestion and delay and help traffic safely move through the work zone.

The HOV lanes on the Parkway North (I-279) are open to all outbound traffic on weekends after 7 p.m. on Friday and remain open until 5 a.m. on Mondays. In addition, the two passenger vehicle rule does not apply during weekend hours. To alleviate congestion, motorists are encouraged to use the HOV lanes to exit the downtown area following sports games and other events on weekends. 

Below is a summary of the major closings and restrictions this weekend:

Short-Term:

I-79

Bridgework
Single lane traffic restrictions will occur in both directions on I-79 in the area of the Warrendale-Bayne Road (Route 4052) interchange (Exit 75) from 7 p.m. on Friday to noon on Saturday. Crews will be shifting traffic from the left to the newly completed right side of the bridges over Warrendale-Bayne Road. Southbound restrictions will begin first followed by northbound restrictions after rush hour traffic subsides Friday evening.

Full release: Weekend Schedule Modified for I-79 Warrendale Bayne Road Bridges in Marshall
Google Map of Area: http://g.co/maps/3ur3e

  
Route 28/40th Street Bridge  

Road/Bridge Work
The 40th Street Bridge at the intersection with Route 28 (Allegheny Valley Expressway) in the Borough of Millvale will be closed from 2 a.m. to 8 p.m. Saturday. All access to and from the bridge will be closed. Crews will be working in the intersection with Route 28. Southbound traffic on Route 28 will use the new bypass lanes.

Full release:  40Th Street Bridge Full Closure Saturday in Millvale
Google Map of Area:  http://g.co/maps/c597b

Route 48 Boston Bridge

Bridgework  
The Route 48 Boston Bridge in the Borough of Versailles and Elizabeth Township will be open to single lane alternating use traffic from 6 a.m. to 6 p.m. Saturday. No restrictions will occur on Sunday. Crews will be painting, installing sidewalk and completing other minor activities on the bridge.  
 
Full release:  Route 48 Boston Bridge Single Lane Traffic Saturday
Google Map of Area:   http://g.co/maps/nuad9