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Harrisburg Patriot-News - 2008-07-17

Legislature needs to grant counties the authority to fund environmentally programs through a tax

One piece of unfinished legislative business that needs to be addressed is a shortage of funding for county recycling programs. Such programs reduce the burden on landfills and extend their life, while returning reusable materials to the product stream, in many cases at a savings in energy.

Unfortunately, Commonwealth Court put an end to a perfectly valid means of funding recycling -- a per ton tax on waste dumped at landfills and incinerators. The General Assembly needs to get over its willingness to sacrifice valuable efforts to avoid confronting paying for them and permit counties to charge a recycling tax on municipal waste. In a 2005 Northumberland County case, the court found that counties did not have the legal authority to impose a tax on landfill and incinerator waste.

Consequently, recycling efforts in the 37 counties (including Adams, Cumberland, Dauphin and Perry) that imposed such a tax have been curtailed, in some cases seriously so. A remedy in the form of House Bill 934, which has the support of numerous local representatives, came close to a vote in the full chamber on July 8, but was pulled. According to David Masur of PennEnvironment, which is seeking action on the bill, the House leadership decided not to send the bill to the Senate unless the leaders in the other chamber agreed in advance to take it up. Senate leaders responded that they would not review the issue unless the House sent over the bill.

There is every reason to believe that, minus the political gamesmanship, if put to a vote this legislation, which has bipartisan support, would pass both houses. And it would bring important restrictions on a program that worked well until the court cut it short, in particular limiting the recycling fee to $4 a ton and requiring that all funds be used for recycling. Previously, two counties (Monroe and Pike) charged as high as $7 a ton.

It is appropriate that a fee on waste disposal serve as a means of helping to pay for programs that divert materials from the waste stream and reuse them. HB 934 would provide about $6.7 million a year for recycling programs for the same counties that used it in the past, according to a PennEnvironment estimate. That's a modest price to pay for recycling perfectly good materials and working toward a cleaner environment.