Summer Newsletter – Cover

Dear SD44 Residents:

My team and I have remained busy, both in the community and in Harrisburg, so please continue reading this newsletter to learn about policy updates, issues in the state legislature and local events, including our upcoming Veterans Expo on Septiembre 30, across our district.

After prolonged negotiations, a $45.2 billion state budget for 2022-23 was signed into law by the Governor more than a week past the constitutional deadline of Junio 30.  Someday, I hope to write a book describing my experiences battling the powers that be and how decisions are made by those in power.  One newsletter doesn’t provide enough space to adequately describe the madness and partisan hoopla.  While it’s important to provide information about the positive components of the final budget, equally important is breaking through the smoke and mirrors and shining light on the fiscal failures and the devil in the details – exposing the harmful influence of corporate special interests and extremist agendas, once again overpowering the needs and best interests of Pennsylvanians. Icing on the cake: the Majority party passed a constitutional amendment (SB106) seeking to ban abortion healthcare in Pennsylvania- more on that later.

Despite a $10 billion surplus heading into budget negotiations, the Majority party once again prioritized corporate special interests, including increasing the bottom line of for-profit private schools and greedy corporations, over the needs of Pennsylvania families, our public education system, and our small businesses, with the Administration eventually agreeing to some of these “deals” in order to get a budget passed.  Here’s a brief recap of how and why I voted for the various budget bills:

I voted in favor of SB1100, the General Appropriations bill, which dictates the amount of dollars spent for all of the state budget components. For example, this bill states the amount of dollars spent on education, human services, and other state departments and programs. I supported components of the School Code (HB1642), such as the $1.8 billion increase in school funding, including a long overdue $100M increase to special education, $100M allocation specifically for student mental health support and enhancing career and technical school programs, but this bill also dramatically increases the amount of public dollars diverted from state funds ($125 million) to non-public schools, some of which have abysmal graduation rates and fail to ensure all students succeed and thrive.  Further, this bill failed to fix private charter and cyber charter school funding inequities  – which is the main driver in forcing school districts to raise property taxes.  In order to get the $1.8B increase agreed to by the Majority Party, the Administration agreed to abolish the commonsense charter reform regulations approved in Marzo by the Independent Regulatory Review Commission (IRRC). The regulations were a modest step toward transparency and accountability in the for-profit, private charter and cyber charter school system. While an increase in public school funding is a win, especially after decades of divestment in our public school system and attempts to privatize our schools, this School Code bill shows that the Majority party cares more about revenue increases for charter and cyber charter schools than ensuring students in every community receive the high-quality education they are entitled to under our state Constitution.

I voted against the Tax Code (HB1342) because it fails to ensure that multi-state corporations pay their fair share in taxes for using our roads and resources while doing business in our Commonwealth.  I agree that our current Corporate Net Income Tax (CNIT) rate paid by in-state corporations should be lowered, which is why I have offered amendments on the Senate floor that would have reduced our CNIT gradually and would have also established a system of combined reporting to ensure all corporations that do business in Pennsylvania are paying their fair share. The failure to require combined reporting still allows 70% of multi-state businesses to utilize tax loopholes that enable big wealthy corporations to avoid paying their share of the taxes even though they do business in PA and leaves our state with a looming budget deficit from lost revenue.

This is just a brief overview of the budget – there are hundreds of pages in these bills. Click the links below for summaries on all of the different parts of the 2022-23 state budget:

2022-23 Enacted Budget

• Fiscal Year 2022-23 State General Fund Only (PDF)
• 2022-23 Estimated State Funding for School Districts (PDF)
• 2022-23 Fiscal Code American Rescue Plan (PDF)
• 2022-23 Fiscal Code Summary (PDF)
• 2022-23 Human Services Code Provisions Moved into the Fiscal Code (PDF)
• 2022-23 School Code (PDF)
• 2022-23 School Code School Safety (PDF)
• 2022-23 Tax Code (PDF)
• Public-Private Transportation Partnerships (PDF)
• Oil and Gas Well Plugging Oversight (PDF)

Summer 2022 Newsletter – Page 3

Harmful National Agenda Continues to Pollute Harrisburg

The Majority in Harrisburg continues to prioritize a far-right, radical national agenda that is designed to dismantle voting rights, women’s freedom, and LGBTQ+ equality. This is most apparent in their attempt to legislate by constitutional amendment when they cannot enact their extreme partisan agenda due to the Governor’s veto. For comparison’s sake, the US constitution has been in place since 1789 and includes 27 total amendments – this legislative session alone, Pennsylvania lawmakers have introduced more than 70 amendments to our state constitution. Senate Bill 106, originally drafted as a single constitutional amendment regarding the selection of our state’s Lieutenant Governor, was amended during the legislative process and packed full with an array of unrelated amendments to our state constitution. With little notice, my colleagues and I were forced to vote on the final version of this legislation in early Julio after 11:00 PM.

As a proposed constitutional amendment, SB 106 must pass the legislature again in the next legislative session and be publicly advertised before it goes to voters in the form of a ballot question. If the Majority party has its way, this question could appear on the ballot as soon as the Mayo 2023 primary election. The final version that passed this legislative session includes the following proposed constitutional amendments:

• Requires each party’s nominee for governor to select their running mate for Lieutenant Governor. Currently, voters select their party’s nominee for Lieutenant Governor in the primary election. (Click here to read my op-ed on why it is important to allow voters to choose the candidate for Lieutenant Governor)
• Requires all voters to show identification prior to voting in each election.
• Requires the Auditor General to audit elections and election results.
• Removes the ability for the governor to consider, and potentially veto, the legislature’s disapproval of a regulation.
• Provides that the constitution prohibits taxpayer funding abortion and does not grant “any other right relating to abortion”.

All of these provisions are deeply concerning, but the middle-of-the-night action on abortion is a direct attack on reproductive justice, on our rights, and on our bodies. Women and our allies will not stand for this, and we will continue to fight for our freedoms and our reproductive healthcare. The opponents of reproductive freedom support funneling taxpayer dollars to anti-abortion centers, or so called “crisis pregnancy centers”, even though the centers do not employ licensed healthcare professionals nor adhere to patient privacy regulations, like HIPAA.

Throughout this summer, our Senate Democratic Policy Committee joined the House Democratic Policy Committee, the Women’s Health Caucus and Legislative Black Caucus Committee on Women and Girls in hosting public hearings across the Commonwealth on the future of women’s reproductive healthcare in Pennsylvania following the Supreme Court ruling that overturned the protections offered by Roe v. Wade. The hearings were a forum to discuss the current state and future of reproductive healthcare in Pennsylvania and can be watched on-demand with recordings and all of the written testimony submitted by experts and testifiers:

• Julio 19 – Facts and Fiction of Post-Roe Pennsylvania
• Julio 26 – Second Hearing on Post-Roe Pennsylvania
• Agosto 11 – Third Hearing on Post-Roe Pennsylvania
• Septiembre 6 – Deceptive Practices of Anti-Abortion Centers

Also, my colleagues and I in the Senate are currently working on legislation to update our existing abortion laws and to expand access by removing barriers to reproductive healthcare in Pennsylvania. While abortion is still safe and legal in Pennsylvania, our fight is only just beginning, but we must fight back against harmful, partisan agendas that attempt to strip away our rights – our right to healthcare, including reproductive healthcare, our right to make decisions about our one bodies, health, and well-being with healthcare professionals (not government officials), our right to vote, our right to marry who we love, and our right to representative democracy.  I will continue to relentlessly defend our rights in Harrisburg and call out those who are actively working to take away our basic freedoms.

Fighting for the LGBTQ+ Community

The Majority also continues to push hateful legislation targeted at the LGBTQ+ community.

Legislation like Senate Bill 1278, often called the “Don’t Say Gay” bill, is part of an extremist national partisan agenda and is an assault on hardfought progress in equality can lead to dire consequences, especially for children. According to the Trevor Project National Survey on LGBTQ Youth Mental Health, 45 percent of LGBTQ youth seriously considered suicide in the past year, but those who found their school to be LGBTQ-affirming reported lower rates of attempting suicide.

In Pennsylvania, a diverse coalition of more than 50 leading organizations oppose SB 1278 due to its harmful effects on schools, students, and teachers. First, this bill conflates sexual orientation and gender identity with sex education and would effectively prohibit the acknowledgement of students who are gay or transgender and LGBTQ families until 6th grade. The bill also restricts students’ First Amendment rights and threatens their protection from sex-based discrimination. Under this legislation, individual teachers could be sued for simply answering students’ questions or pleas for help, which deprives students of the counsel of trusted adults, including school nurses and counselors. Click here for an article explaining why legislation like this is so dangerous. 

I voted against SB 1278, but the bill still passed the Senate on a party-line vote of 29-21. Link to Floor Remarks

The Majority also forced a vote on a book ban bill – Senate Bill 1277.  This bill is based on the false premise that school libraries are filled with sexually explicit materials and that parents have no rights with respect to children’s access to these books.

School districts already have policies that govern content and purchase of books and instructional material and rely on trained librarians to select age-appropriate materials.

A third bill prioritized by the Majority was Senate Bill 1191 – banning transgender students from participating in sports. Even a Republican Governor from Utah vetoed this bill because it is such a specific and hateful attack on so few people.

When are we going to legislate on the real issues facing our communities – gun violence, poverty, affordable housing, access to quality, affordable education – and when are we going to stop prioritizing hate speech, fear mongering, voter suppression and other extremely partisan initiatives?

These hate-filled legislative initiatives do nothing to keep girls safe; nothing to protect our families, our communities and our schools from gun violence; nothing to support rape and domestic violence victims; and nothing to ensure the reproductive health of women.

It is time the Majority Party stops pushing legislation that bans books featuring transgender characters from our schools and restricts the rights of transgender people in regards to sports participation.

Legislation like the bills mentioned above makes it even more difficult for these groups Pennsylvanians to live their lives. Link to floor remarks

There is no place for extremism and hate in our government – Pennsylvanians deserve better and members of our LGBTQ community deserve to be treated with the same dignity and respect as anyone else.

Legislative Solutions to Stop Corporate Greed from Driving Inflation

In Junio, I joined my colleague Senator Lindsey M. Williams to introduce legislation that offers real solutions for working families facing rising prices everywhere from the gas pump to the grocery store shelves. We proposed two pieces of legislation that address the roots of the economic challenges facing our families today: protecting our small businesses and stopping greedy corporations from price fixing and gouging to jack up their profits off the backs of consumers.  

The Pennsylvania Small Business and Consumer Protection Act will help to rebalance the current economy, which only benefits the rich and powerful. The Stop Price Gouging Act will strengthen the Attorney General’s ability to prosecute individuals and businesses that collude to artificially and unfairly raise prices on goods bought or sold in Pennsylvania.

 Click here to read our full news release on these initiatives.

Similar legislation was introduced in the State House of Representatives as House Bill 2677 and House Bill 2641 by Rep. Nick Pisciottano (D-Allegheny) and Rep. Sara Innamorato (D-Allegheny). 

GREEDY CORPORATIONS MAKING RECORD PROFITS WHILE CONSUMERS PAY THE PRICE!

Oil and gas corporations continue to add to their already stuffed bank accounts, while they continue to gouge Americans in every way imaginable.  Utility rate increases and gas prices at record highs all the while energy companies are raking in big bucks, hitting record rates in profits, despite PA politicians stating we need to “drill baby drill” to move our state into the number one spot for fracked gas production.  Pennsylvania is already #2 and fracked to high hell and back – but yet there are never decreases in utility and energy prices for Pennsylvanians.

Make no mistake about it: oil & gas lobbyists are hard at work contributing to political candidates who refuse to hold them accountable, while they spend boatloads of money to fuel a propaganda machine, instead of providing relief to hard working Americans. 

Pennsylvania provides billions of dollars in subsidies and tax breaks to the fossil fuel industry annually. Year after year, annual budgets put corporate profits over people. Is this the year when the politicians bought and paid for by the fossil fuel industry stand up for their constituents? We can (and should) close the hazardous waste loopholes (I introduced SB644, SB645, and SB646 but these bills are collecting dust in the Senate ERE committee) and discontinue petrochemical tax credits (aka taxpayer money subsidies for corporate looters and polluters) and strategically invest in green energy while divesting from fossil fuel companies who are prioritizing profits over the American people and our planet.  Please contact the Senate Majority Chair of the Environmental Resources and Energy Committee and urge him to run these bills to protect Pennsylvanians from toxic exposures caused by corporate polluters as well as ensuring Pennsylvanians have access to renewable energy such as residential solar.  I am the prime sponsor of SB826 which would ensure all homeowners can access solar energy.

Energy Transfer Convicted of Environmental Crimes

The hard work of community watchdogs and impacted residents whose persistence, consistent documentation, and reporting of issues related to the construction of the Mariner East Pipeline led to the conviction of Energy Transfer for environmental crimes in early Agosto.

The conviction was announced by Pennsylvania Attorney General Josh Shapiro, who announced that Energy Transfer (Sunoco) pleaded no contest – meaning the company will be convicted of charges brought against the company in Octubre 2021 regarding their unlawful impacts on water quality as a result of pipeline construction.

As part of the plea, Energy Transfer is required to fully fund a review of the water of any resident who believes their drinking water was impacted by the construction of the Mariner East 2 Pipeline and any recommended water quality testing that will be conducted by independent, professional geologists. If the testing determines that pipeline construction has damaged a resident’s water supply, Energy Transfer is obligated to fully restore safe water.

In addition to residential drinking water, the plea agreement also requires Energy Transfer to pay $10 million to make the water sources most damaged by construction cleaner and safer. This funding will be directed through existing Commonwealth programs such as DCNR’s Grant Program, Growing Greener Plus, the Coldwater Heritage Partnership, and others.

In Octubre 2021, the Attorney General charged Energy Transfer with 48 environmental crimes associated with the construction of the Mariner East Pipeline for repeatedly contaminating lakes, rivers, streams and groundwater with drilling fluid from 21 drill sites across the Commonwealth. Additional charges included Energy Transfer’s failure to report environmental damage and criminal use of unapproved additives in drilling fluid.

Click here for the full news release from the Pennsylvania Office of Attorney General on the Energy Transfer conviction. A fact sheet detailing the plea agreement is available HERE.

Also in Julio, Sunoco/Energy Transfer missed the agreed upon deadline to complete dredging, the removal of the dredged material to an approved disposal facility, and the restoration of the access and staging areas. Energy Transfer (Sunoco) continues to prove that they cannot operate responsibly in our Commonwealth. After spilling over 20,000 gallons of industrial waste into Marsh Creek Lake, a drinking water supply for thousands of families, they have also failed to remediate and restore the lake and aquatic habitats by the required deadline of Julio 1. It is boldly clear that Energy Transfer doesn’t care and has never cared about anything other than ensuring their own profits even if it means harming our waterways and communities. The powers that be in Harrisburg, on both sides of the aisle, have allowed corporate polluters to make our communities into sacrifice zones for the sake of shareholder wealth. If an entity can’t be an honest, respectful partner, they shouldn’t be allowed to do business in our Commonwealth. Click here to read a news release that I sent out with Rep. Danielle Friel Otten on the cleanup deadline.

Visit SenatorMuth.com/Environment for more articles and information.

Senate Democratic Policy Committee Hearings on Environmental Issues

Policy Committee Hears Support for Closing Hazardous Waste Loopholes