Sierra Club Testifies at House Democratic
Policy Committee Hearing on
Bill to Empower Citizens to Protect Public
Lands
Contact:
Joanne
Kilgour, Director, Sierra Club Pennsylvania Chapter, 717-232-0101, 412-965-9973
(c)
Williamsport,
PA – At today’s House Democratic Policy Committee Hearing in
Williamsport, Sierra Club Pennsylvania Chapter Director Joanne Kilgour testified
in support of Rep. Mirabito’s HB 2318, legislation to empower citizens to
protect the public lands of the Commonwealth. Co-sponsors of bill include
Representatives Kotik, Thomas, McGeehan, Caltagirone, Painter, Carroll, Vitali,
Murt, McCarter, Cohen, Pashinski, McNeill, and Dean.
“The public is an essential stakeholder in
environmental decision-making regarding lands held in the public trust by the
Commonwealth,” said Joanne Kilgour, Director of the Sierra Club PA Chapter. “It
is refreshing to see legislation that will give weight to the public voice in
protecting our state forests and which sets forth a framework for a meaningful,
formal public participation process with through
environmental review,” continued Kilgour.
Ms.
Kilgour’s testimony follows.
HOUSE
DEMOCRATIC POLICY COMMITTEE HEARING – JULY 28, 2014
TESTIMONY OF
JOANNE KILGOUR, DIRECTOR OF THE SIERRA CLUB PENNSYLVANIA CHAPTER ON BEHALF OF
OUR MORE THAN 24,500 MEMBERS
Good
afternoon. First, I would like to thank Chairman Sturla, Chairman Vitali, and
the members of this committee for the opportunity to participate in this
important hearing. I would also like to thank Rep. Mirabito and the co-sponsors
of HB 2318 for your leadership in sponsoring legislation that will empower
citizens to protect the public lands of the Commonwealth.
My
name is Joanne Kilgour and I am the Director of the Sierra Club Pennsylvania
Chapter. Our Chapter has more than 24,500 members statewide, with 10
volunteer-led groups encompassing each region of the Commonwealth. Our members
are avid, year-round users of Pennsylvania state lands, and on any given week
you are likely to find several Sierra Club volunteer-guided outings in state
parks, forests, or game lands. We are, as our mission suggests, exploring,
enjoying, and protecting the wild places of Pennsylvania.
In
this Commonwealth, our state parks host 38 million visitors each year and
contribute $1.2 billion per year to the state economy, providing more than
13,000 quality jobs. Beyond state parks, the outdoor recreation industry in
Pennsylvania represents $21.5 billion in annual consumer spending, 219,000
direct Pennsylvania jobs, $7.2 billion in wages and salaries, and $1.6 billion
in state and local tax revenue. This significant benefit to the Commonwealth is
a direct result of use by the public for fishing, hunting, camping, hiking,
paddling, picnicking, sightseeing, and bird watching. The value to the state
that is realized through public exploration, enjoyment, and protection of our
shared lands demonstrates that we are key stakeholders who should have a voice
in decisions made about the future of the natural places so integral to our way
of life.
Last
year, my predecessor Jeff Schmidt testified at a hearing similar to today’s,
during which he and other witnesses spoke out with a formal request for
legislation that would compel public agencies such as the Department of
Conservation and Natural Resources to engage the public in decisions related to
the management of our shared lands. Since that time, DCNR’s negotiations with
Anadarko regarding natural gas development in the Loyalsock State Forest have
proceeded without a formal commitment to allow public access to, and input on,
a development plan or surface disturbance management agreement before those
documents are finalized; DCNR has published a Shale-Gas Monitoring Report that
included a survey of certain recreational users but did not enable formal
public comment or information-sharing prior to publication; and the State
Auditor General released a report highlighting the unpreparedness and
inadequacy of the Department of Environmental Protection in documenting and
responding to public complaints about natural gas development.
Since
that May 2013 hearing of this Committee, it has only become clearer that the
General Assembly of Pennsylvania, guided by the leadership of this Committee,
must pass legislation to empower its citizens to protect the shared public
lands of the Commonwealth. We recognize that DCNR and other public agencies
acting as the trustees of our shared public resources do not have the capacity
to be in every corner of every state park or forest. We also recognize that the
public – state forest and park users – can help to supplement agency staff and
provide valuable insights into the appropriate management of these resources. Now
more than ever the role of the Commonwealth and its agencies as a public
trustee of these shared lands demands the inclusion of a formal role for the
public in environmental decision-making.
The
interrelation of the citizens of Pennsylvania and the public lands of the
Commonwealth is not only reflected in the mission of environmental
organizations like the Sierra Club, but is set forth in Article 1 Section 27 of
the Constitution of the Commonwealth of Pennsylvania, which states that:
The people have a right to clean air,
pure water, and to the preservation of the natural, scenic, historic and
esthetic values of the environment. Pennsylvania's public natural resources are
the common property of all the people, including generations yet to come. As
trustee of these resources, the Commonwealth shall conserve and maintain them
for the benefit of all the people.
The
legislation at issue in today’s hearing, House Bill 2318, provides a mechanism for implementing citizen participation under the
Environment Rights Amendment.
Legally required public participation and clearly outlined standards for public
input will enhance the likelihood that environmental rights and public trust
issues will be considered before a decision is made regarding natural gas
development on public lands. Therefore,
HB 2318 will enhance the probability that the amendment will actually be
followed and that the on-the-ground decisions of our public agencies will be in
line with the guarantees of our constitution. Formal public input into
decisions made about natural gas development on state lands will also reduce
the likelihood of expensive and time consuming litigation. Finally, HB 2318 would
codify processes to give equal weight to public perspectives in decision-making
about the future of
public
lands, creating an opportunity to creatively resolve differences in approach
before parties get locked into positions that can only be resolved through
litigation.
For
example, in 2002 DCNR under the Ridge Administration announced a plan to lease
more than half a million acres of state forest land for natural gas development
with drilling into the Trenton Black River formation, a reserve two to three
miles below the surface. The proposal was met with strong opposition from the
public, a reaction so significant that Secretary Oliver agreed to open the
process to formal public participation. DCNR held six public hearings and
accepted a total of nearly 5,000 comments. After consideration of public input
and concern, the Department reduced the lease sale to less than half of what it
originally proposed and strengthened lease requirements such as setbacks and
waiver provisions. Without this formal process, the Department could have
hastily leased hundreds of thousands of acres that were unsuitable for such
development and engaged in contracts more permissive than appropriate to
adequately protect public lands. We support a
meaningful, formal public participation process, which includes a thorough
environmental review.
In
conclusion, HB 2318 will provide a necessary framework for inclusion of the
public in decision-making regarding natural gas development on state
lands. Requiring public participation
through legislation will help to ensure that our agencies are upholding their
responsibility as public trustees and aid in the avoidance of hasty decisions
that may not be in the public interest as well as costly litigation. I applaud
the effort of Representative Mirabito and look forward to working with you all
to ensure the passage of a strong HB 2318, for my future and for generations of
public lands explorers to come. Thank you.”
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