Commonwealth Legislative Priorities
Keystone Recreation, Park and Conservation Fund
2018 marks the 25th anniversary of the Keystone Fund. Since its inception in 1993, the Keystone Fund has improved communities across Pennsylvania by providing grants for parks, trails, open space, libraries, and historic preservation. Throughout the year, a team of state agencies and organizations, including PRPS, is leading a campaign to celebrate the Keystone Fund’s 25 years of success and emphasize the need to protect this valuable funding source so it can continue enhancing communities. Learn more at keystonefund.org.
Growing Greener III
As a member of the Growing Greener Coalition, PRPS joins with the Commonwealth’s largest coalition of recreation, conservation and environmental agencies representing nearly 350 organizations and government entities.
Since 1999, the Growing Greener program has transformed Pennsylvania by empowering communities to create and improve parks and trails, protect working farms, clean up rivers and streams, and revitalize cities and towns. PRPS is now working with many conservation, recreation and environmental organizations across the Commonwealth in an effort to provide substantial new dedicated funding for Growing Greener and to fine-tune the purposes and programs for which the funds are used. For more information or to receive action alerts, visit Growing Greener Coalition.
Preschool Recreation and Childcare Facility Certification
The PA Department of Human Services regulations for childcare center facilities extend to public preschool recreation programs. Recreation professionals already meet the safety and child protection regulations that the law requires. Yet other aspects of facility certification requirements do not distinguish between a for-profit childcare center and a public recreation program. PRPS supports a bill that would amend the Human Services Code to exempt public preschool programs from certification requirements as preschool child day care center facilities.
Develop innovative programs to address the challenges of Pennsylvania’s recreation, park and trails in our older communities.
Guard against misuse or inappropriate development or conversion of public parks.
Defend/Increase Investments in Park & Recreation
Continue to educate and promote the significant benefits of the Keystone, Recreation, Park and Conservation Fund (visit KeystoneFund.org for more information).
Heritage Areas and Historic Preservation
Enhance funding for historic preservation to take advantage of Pennsylvania’s significant historical assets for recreation and tourism related benefits.
Enhance the efforts to educate elected and appointed government officials on the many and varied benefits of PA’s outstanding recreation, parks, trails, and conservation programs and facilities.
Pending Legislation (as of 5/7/18)
PUBLIC PRESCHOOL RECREATION
PRPS letter of support in favor of co-sponsoring HB2299
Prime Sponsor: REPRESENTATIVE O'NEILL An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in departmental powers and duties as to licensing, further providing for definitions. This legislation that would exempt public preschool recreation programs from being required to be certified by the Department of Human Services as child care facilities. Under current regulation (PA Code, Section 3270.3a), such programs are required to be certified as child care facilities if they provide part-day care for children who are under kindergarten age and considered preschoolers. While there is an exemption in the regulations for rec programs attended by school-age children that last less than 90 days, there is no such exemption for those programs that serve pre-school children. This bill has been referred to the House Children and Youth Committee, chaired by Representative Kathy Watson.
HB87 - (Referred to Children & Youth) An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for volunteers having contact with children. This legislation would permit, but not require, DHS to issue a volunteer card with a photograph to an individual who has received the necessary background clearances. An individual could elect to simply receive a paper clearance as is standard practice, or for a nominal additional fee could receive the photo card.
HB 452 - (Referred to Children & Youth) An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child protective services, further providing for the definition of "child abuse." This legislation amends Title 23, the Domestic Relations Statute, to remove the word “recent” from the definition of child abuse. This would allow for acts of child abuse, no matter how long ago they occurred, to be recognized as such.
GROWING GREENER III
SB 705 - (Referred to Environmental Resources & Energy) An Act amending Title 27 (Environmental Resources & Energy) of the Pennsylvania Consolidated Statutes, in environmental stewardship and watershed protection, further providing for legislative findings, for the Environmental Stewardship Fund, for agencies and for Commonwealth indebtedness and establishing duties for the Department of Community and Economic Development, the Pennsylvania Fish and Boat Commission, the Pennsylvania Game Commission and the Pennsylvania Historical and Museum Commission. This bill provides the framework for a Growing Greener 3 program that will enable and direct the spending of Environmental Stewardship Fund monies for environmental, conservation, recreation and preservation projects across the Commonwealth. The proposed legislation represents the needs identified through an analysis compiled by the Growing Greener Coalition and its member organizations.
SB799 - (Amended on 3rd consideration on 1/30/18. Final passage (47-2). An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, in environmental stewardship and watershed protection, further providing for legislative findings, for the Environmental Stewardship Fund and for agencies; establishing the Pennsylvania Clean Water Procurement Program and the Watershed Innovation and Improvement Fund.
SB 100 (Referred to Banking & Insurance) An Act providing for patient access to diagnostics and treatments for Lyme disease and related tick-borne illnesses; and requiring health care policies to provide certain coverage. This legislation would enact the Lyme and Related Tick-Borne Disease Diagnosis and Treatment Act. The intent of the legislation is to ensure that patients have access to available and emerging diagnostics and treatment options for Lyme disease and related tick-borne diseases as prescribed by the attending health care professional.
PRPS letter of support in favor of SB100 and HB174 to the Senate Banking and Insurance Committee.
HB 174 (Referred to Banking & Insurance) An Act providing for patient access to diagnostics and treatments for Lyme disease and related tick-borne illnesses; and requiring health care policies to provide certain coverage. This legislation would enact the Lyme and Related Tick-Borne Disease Diagnosis and Treatment Act. The intent of the legislation is to ensure that patients have access to available and emerging diagnostics and treatment options for Lyme disease and related tick-borne diseases as prescribed by the attending health care professional.
HB260 -- An Act repealing the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act, providing for prevailing wages; imposing duties upon the Secretary of Labor and Industry; providing remedies, penalties and repealing existing laws. This legislation (formerly HB 541) will REPEAL our Commonwealth’s Prevailing Wage Act (Act 442 of 1961). The Prevailing Wage Act requires the Secretary of Labor and Industry to establish “prevailing” minimum wage rates that must be paid on public construction projects.
HB 999 - An Act amending the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act, further providing for definitions. This legislation would amend the Prevailing Wage Act (Act 442 of 1961) to require that at least 51% of a construction/renovation/repair project be paid for by public monies before it is covered by the act.
HB 1225 - An Act amending the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act, further providing for applicability. This legislation would place a three-year moratorium on the state Prevailing Wage Act.
SB333 -- An Act amending the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act, further providing for definitions. This legislation will raise the threshold of the Prevailing Wage Act from $25,000 to $185,000.
Additional Prevailing Wage Bills
There are a several bills related to the prevailing wage. Some that would exempt schools (e.g., HB 1480, HB 1790, SB866). HB 172 would enable counties to decide by referenda if prevailing wage is used for school construction projects.
HB 543 - Current: Referred to Environmental Resources & Energy. An Act amending the act of December 22, 2011 (P.L.586, No.127), known as the Gas and Hazardous Liquids Pipelines Act, in preliminary provisions, further providing for definitions; and, in related activities, providing for recreational use and for storm water runoff. Would require pipeline operators that take taxpayer-funded agriculture and conservation easements to replace them within the same county, in counties of the first, second and third class. It could be argued that these counties are most prone to population and land pressures. Further, the bill would require that pipeline operators take whatever measures are necessary to ensure that their projects do not worsen stormwater characteristics, such as total volume and rate of stormwater run-off, of their pipeline right-of-ways.
RECREATIONAL THERAPIST LICENSURE
SB109 – (Referred to Consumer Protection & Professional Licensure) An Act amending the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, further providing for definitions and for State Board of Medicine; and providing for recreational therapists. This bill would amend the Medical Practice Act of 1985 (Act of Dec. 20, 1985, P.L. 457) to include Recreational Therapists and establish licensing requirements, protections and penalties within the Act.
HB 1401 - Current: 5 floor amendments adopted (11/20/17); 2 floor amendments adopted (11/21/17); re-referred to Environmental Resources & Energy Committee (12/4/17); set on house calendar for 1/22/18.
An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for volumetric severance tax; and making a related repeal. This legislation would create a 3.2% severance tax, or drilling tax as we prefer to call it, on unconventional natural gas extraction. This tax will be in addition to the existing Act 13 impact fee.
Additional Severance Tax Bills
There are several severance tax bills we’re tracking. HB1401 is the bill most recently considered. Also see:
HB 113 (Rep. Harper); HB 1054 (Rep. Sturla); HB 1662 (Rep. Petri); HB 1702 (Rep. Conklin); HB 1626 (Rep. Miccarelli); HB 1624 (Rep. Dean); HB 1086 (Rep. Thomas); SB 566 (Rep. Tomlinson); SB 245 (Sen. Leach)
HB 1221 - Current: Referred to Tourism & Recreational Development. An Act establishing the Pennsylvania Tourism Commission and the Pennsylvania Tourism Commission Board; providing for powers and duties of the Pennsylvania Tourism Commission; establishing the Tourism Promotion Trust Fund; and repealing the Travel and Tourism Act. This bill would create an independent Pennsylvania Tourism Commission that would serve as the state's official tourism marketing agency.
HB 1601 - Current: Referred to Environmental Resources & Energy. An Act amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in Oil and Gas Lease Fund, further providing for definitions, establishing the Public Natural Resources Trust Fund and further providing for funds; and making related repeals. This legislation amends Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes for the purpose of establishing a Public Natural Resources Trust Fund that would gradually build a natural resources legacy for future Pennsylvania generations.
Federal Legislative Priorities
PRPS is a state affiliate of the National Recreation and Park Association (NRPA) and supports the advocacy work of NRPA in the following areas.
See NRPA’s Take Action Advocacy Insider Advocacy Resources Park Champions Initiative
Land and Water Conservation Fund (LWCF)
NRPA supports a permanently authorized and fully funded Land and Water Conservation Fund (LWCF) with a minimum of 40% of the annual LWCF appropriations allocated to the State Assistance Program. This includes robust funding for the Outdoor Recreation Legacy Partnership (ORLP) urban competitive grant program. LWCF is scheduled to expire in October 2018.
Environmental Education (No Child Left Inside)
The No Child Left Inside Act (NCLI) strengthens and expands environmental education in classrooms by providing funds to encourage partnerships between school districts and parks, as well as other community based organizations. Major portions of NCLI were included in the new Elementary and Secondary Education Act (Every Students Succeeds Act) with Environmental Education identified as eligible for funding under Title IV, Part A of the new law. Authorized at $1.65 billion annually, NRPA supports ample and robust funding for Title IV, Part A of the ESSA.
Healthy Kids Outdoors Act (HKOA)
HKOA would provide funding to states for the development of comprehensive strategies related to expanding environmental education through the school system and finding other means of getting kids and families more physically active in the outdoors.
Protecting Existing Tax Policy
NRPA supports the protection of existing Federal tax policy which supports conservation and outdoor recreation. This includes preserving existing authority to issue tax-exempt municipal-type bonds, as well as tax incentives for conservation easement donations.
Health and Wellness
Prevention and Public Health Grants
Prevention and Public Health Grants are grant programs funded through the HHS/Labor/Ed Appropriations and administered through the Centers for Disease Control that support state and community level programs that prevent and control obesity and other chronic diseases. This includes the CDC Arthritis Program, which provides funding for the sub-awards NRPA gives to community park and recreation agencies to implement the Arthritis Foundation Walk with Ease Interventions.
Workforce Health Improvement Program Act
Current law allows employers to deduct the cost of onsite exercise facilities. Employers lose this benefit if employees receive a subsidy to use an offsite exercise facility. The employee must also pay income taxes on the value of the subsidy as well. The Workforce Health Improvement Program Act would prevent employees who are offered a subsidized health facility membership by their employer from paying income taxes on the value of the benefit.
Health Savings Account Act
Under current law, seniors enrolled in Medicare cannot contribute to a health savings account. Because seniors have paid into Medicare over the duration of their lives, Medicare is required to pay for beneficiaries’ “medically necessary” expenses, rather than allowing them to use health savings accounts. However, Medicare does not pay for certain medical expenses including dental and vision care because they are not considered medically necessary.
The Health Savings Account Act would allow Medicare Advantage participants to contribute their own money to a medical savings account, which can be used to pay for up to $1,000 of dental and vision care, and certain physical activity expenses
Personal Health Investment Today (PHIT) Act
This legislation would expand the IRS definition of medical expenditures to include physical activity as preventative medicine. This would allow individuals to use the pre-tax dollars in Flexible Spending Accounts and Health Savings Accounts to include expenditures such as; membership at a fitness facility, youth and adult sports league fees, exercise classes and other physical activities.
Child Nutrition Reauthorization
Every five years, the Child Nutrition Act must be reauthorized to continue funding for the Summer Food Service Program (SFSP) and the Child and Adult Care Food Program (CACFP). SFSP and CACFP are managed by the U.S. Department of Agriculture (USDA) and provide the reimbursement dollars for after-school and summer meal programs at park and recreation agencies. Park and recreation agencies are the largest public provider of healthy meals and snacks to children outside of schools. The current authorization for the Child Nutrition Act, the Healthy, Hunger-Free Kids Act of 2010, has expired. It will be taken up for debate once Congress completes its work on the Farm Bill.
Dedicated Funding for Active Transportation
The Fixing America’s Surface Transportation Act (FAST)
Support dedicated funding for Active Transportation options, including trails and pedestrian projects primarily through the Transportation Alternatives Program (TAP), including the Recreational Trails Program (RTP) and Safe Routes to Schools, as well as Parks. Combined, these programs, found in the federal surface transportation law “FAST Act”, provide approximately $800 million annually for bike and pedestrian projects and to promote pedestrian and bicycling safety in local communities. The FAST Act funds surface transportation programs until October 2021.
NRPA also supports providing additional resources to local communities to build networks of sidewalks, bike lanes and paths with low-cost loans as part of the federal transportation financing program known as TIFIA.
Community Parks Revitalization (CPR) Act
This legislation would provide matching federal grants for park and recreation infrastructure in metropolitan areas. Specifically, this legislation would authorize the U.S. Department of Housing and Urban Development to provide funding to local park and recreation agencies, through three grant programs: Rehabilitation and Construction, the Innovation and Recreation Program and the Recovery Action Program. The bill also includes innovative financing for park infrastructure (known as PIFIA).
Community Development Block Grants (CDBG)
The Community Development Block Grants are administered though the U.S. Department of Housing and Urban Development. These grants support local community development activities aimed at neighborhood revitalization, economic development, and improvement of community facilities, such as parks and recreation. Historically this program has provided up to $100 million annually for park and recreation infrastructure.
The Social Impact Partnership Act
The Social Impact Partnerships Act would leverage public-private partnerships to utilize private dollars for public projects that improve the lives of families and individuals, and reduce rates of asthma, diabetes, and other preventable diseases that lead to higher healthcare spending.
Known as “pay for success” and similar to social impact bonds, these short-term pilot projects would need to demonstrate that they could be scaled, that the desired social outcome would save federal, state, and local governments money on healthcare costs, and fulfil an unmet need within a neighborhood or area.
Federal Regulatory Policy
NRPA will continue to serve our industry with regard to monitoring, reporting and responding to Federal Agency actions which may impact how Park and Recreation Agencies and professionals operate, including, but not limited to FEDERAL regulations related to:
• Employee salary & benefits (ex. federal minimum wage, overtime pay and healthcare)
• Environmental policy (Clean Air Act, Clean Water Act, climate issues)
• Community Health (tobacco bans, marijuana decriminalization, taxes on “sugary” products)
• Access/Equity (Americans with Disabilities Act, LGBTQ
• Smart Design (“Complete Streets”, LEED Certification)
• Wildlife Conservation (Endangered Species Act)
• The Workplace (OSHA)