Welcome to Capitol Notes, a regular, online-only, easy-to-swallow capsule of state news tidbits that didn't make it into newsprint.

THIS NEWS IS MADE OF 100 PERCENT RECYCLED MATERIAL:
Good news on the recycling front -- Pennsylvanians recycled a record 4.45 million tons of municipal waste in 2003, the most recent year for which data is available.

That's according to reports from the 67 counties, made to the state Department of Environmental Protection.

The growth of recycling is beneficial in several ways, the DEP says.

It saves space in state landfills and it provides a source of material for new steel and aluminum cans, glass and plastic bottles and corrugated paper. It also provides a lot of jobs. Pennsylvania's recycling and reuse industry has more than 3,200 companies, with total annual sales of $18.4 billion, a total payroll of 81,000 people and a total annual payroll of nearly $3 billion.

Municipal waste includes refuse from households, businesses, schools and industry offices.

"Residents continue to show their commitment to ensure the health of Pennsylvania's environment and economy by taking advantage of more recycling opportunities," said DEP Secretary Kathleen McGinty.

IF YOU'RE SCORING AT HOME, THAT'S A TRIPLE PLAY:
The state's Public Utility Commission doesn't normally get a lot of attention, except maybe when electric or phone rates rise.

But just in case you're keeping score, Gov. Ed Rendell has nominated three men, all with prior PUC experience, to serve again on the five-member panel, whose job, officially, is to "establish and maintain reasonable rates for Pennsylvania's public utilities."

All three require Senate confirmation.

Terrence Fitzpatrick of Dauphin County currently works for the Senate, as deputy general counsel for the majority Republicans. He was the PUC chairman in 2003-04.

William Shane of Indiana County was the PUC chairman from 1987 to 1990. He has degrees in law and economics.

James Cawley of Cumberland County is also a lawyer, and was a PUC commissioner from 1979 to 1985.

The PUC handles applications from utility companies requesting rate increases, consumer complaints, questions about billing procedures, fuel surcharges and late payments, and other issues.

HELIS II: RETURN OF THE WHALE:
Apparently, the small beluga whale that spent a week in the Delaware River can't get enough of the City of Brotherly Love -- he's now been spotted in the Schuylkill River.

A week ago, the 12-foot whale named Helis, pronounced "ay-LEE," was thought to be heading back to the Atlantic Ocean. But apparently he made a wrong turn at the mouth of the Schuylkill River, which runs through Philadelphia and dumps into the Delaware.

The Delaware, meanwhile, separates Pennsylvania and New Jersey.

A wildlife spokeswoman said she's worried about the whale's safety if he remains in Philadelphia much longer. Helis is thought to be a visitor whose original home was among from a pod of whales that lived near the St. Lawrence River in Canada. The scar on his back, probably delivered by the blade of a boat propeller, gave him his name -- the French word "helice" means propeller.

FORGET THE WHALES, SAVE THE DONKEYS:
If things keep going the way they're going, Democrats in the state Senate could become an endangered species.

Republicans have controlled the 50-member upper chamber since 1994. Six months ago, the GOP held a 29-21 edge.

Then Republicans pulled off a major upset in November, ousting longtime Democrat Allen Kukovich of Westmoreland County and replacing him with Sen. Bob Regola.

Then in early April, Republicans won an open seat, created when former GOP Sen. Charlie Dent went to Congress. Rep. Patrick Browne defeated Democratic Rep. Jennifer Mann in an eastern Pennsylvania race.

Then a week ago Democratic Sen. Lisa Boscola of Bethlehem jolted her party by saying she's thinking of joining the GOP. If that happens, Republicans would have a 31-17 advantage, with two other open seats to be decided in special elections on May 17. One seat is in a heavily Democratic area of Philadelphia, so everyone assumes Democrats will hang onto that one.

But the other is the seat formerly held by Democrat Jack Wagner of Beechview, who is now state auditor general.

State Rep. Michael Diven, R-Brookline, who just left the Democratic party in February, is running an uphill battle against former Allegheny County Councilman Wayne Fontana.

Diven is the underdog because Democrats hold a 2-1 registration edge in the district. But Regola was an underdog for much of last year before he won in November.

The final math -- if Diven wins the old Wagner seat and Boscola joins the GOP, Republicans would have a 32-18 edge in the Senate.

If the GOP somehow were able to gain two more seats in 2006 elections, it would give them a total of 34 -- enough to override Democratic Gov. Ed Rendell's vetoes if they all hung together.

The only real power Democrats in the Senate now have is the ability to uphold a Rendell veto, so if they lose that, it would seriously weaken them.

WASN'T IT JUST COLD AND FLU SEASON?
State officials want to remind you that West Nile virus season is nearly upon us.

The West Nile virus is carried by mosquitoes, and normally causes only a mild infection in humans, though it can sometimes lead to West Nile encephalitis, an infection that causes brain inflammation and sometimes death, especially in people older than 50.

So if you're out in the woods, wear your bug repellent.

The best way to cut down on mosquitoes in your backyard is to remove their breeding ground -- standing water. That means you should dump out flowerpots, old tires, half-filled swimming pools, clogged roof gutters, and any place else where water accumulates.

UNDER THIS PLAN, COLD CUTS WOULD BE TAXED:
State Rep. Mark Mustio, R-Moon, is holding a luncheon next week to discuss a plan that could eliminate property taxes, but would replace them with a 5 percent sales tax that applies to most goods sold.

The current statewide sales tax of 6 percent doesn't apply to clothing, or food bought at the supermarket. The five percent tax would apply to both food and clothing, as well as certain services that are currently unaffected by the sales tax -- visits with your attorney or architect, for example.

If you want to know more, the luncheon is scheduled for 11:30 a.m. Thursday at the Montour Heights Country Club in Moon. Allegheny County Chief Executive Dan Onorato and state Rep. Sam Rohrer, R-Berks, are also supposed to be there. Call (412) 264-6270 for more information.

BILL DROPS:
State Rep. Mike Veon, D-Beaver Falls, intends to introduce a bill that would give workers up to 12 weeks of paid time while they are on family leave, tending to an ill or injured family member. The proposal is modeled after a California law.

Sen. Bill 635 would require that all health insurance providers operating in Pennsylvania cover the cost of regular colorectal cancer screening tests.

Sens. Sean Logan, Jay Costa and others are introducing a bill that would expand the law that prescribes additional criminal penalties for anyone charged with assaulting a public official. An assault charge could be bumped to an "aggravated" assault count if someone attacks "any employee of a city, borough, incorporated town or township."

House Bill--35 would make it illegal to hunt wild animals over the Internet, using a computer mouse to fire a rifle that's set up on a private hunting ground.

Finally, House Bill 1328, from Cambria County Rep. Ed Wojnaroski, would require hospitals to file a report with a state databank when a nurse is disciplined or dismissed from employment for endangering the health, welfare or safety of a patient. The list would be available for review by all of the state's hospitals.

END TO TEACHERS STRIKES?
Sen. Robert Mellow's has a proposal to end teachers' strikes in Pennsylvania.

Mellow, a Democrat from Scranton, wants a law that would eliminate a teachers union's ability to strike, and force both the bargaining unit and their school district to accept binding arbitration as the method of resolving labor impasses, according to the Scranton Times.

Such a change to the state's labor laws would require an amendment to the constitution. That process requires the approval of two consecutive Legislatures -- the 2005-06 session, and the 2007-08 session -- as well as approval from the state's voters.

The law would put teachers into a group with professional police officers and firefighters, neither of whom are allowed to strike, under state law.

HOUSE RESOLUTION OF THE WEEK:
Break out the chastity belts: House resolution No. 263 says May would be "Chastity Awareness Month" in Pennsylvania.

SENATE RESOLUTION OF THE WEEK:
May is "Amyotrophic Lateral Sclerosis Awareness Month." ALS, better known as Lou Gehrig's disease, is a fatal neurological disorder. The Senate is asking Congress to provide more money for ALS research.

SPECIAL BONUS GUBERNATORIAL PROCLAMATION OF THE WEEK:
Gov. Ed. Rendell says May 1-7 is "Corrections Employee Week," a tribute to the men and women who staff the federal, state and county correctional facilities across the state. There are 25,300 such workers in Pennsylvania.