H1705B2255A05324 DMS:JB 01/14/08 #90 A05324 AMENDMENTS TO HOUSE BILL NO. 1705 Sponsor: REPRESENTATIVE SONNEY Printer's No. 2255 1 Amend Title, page 1, line 3, by striking out "and" 2 Amend Title, page 1, line 5, by inserting after 3 "Commonwealth" 4 , the Department of Environmental Protection, the 5 Environmental Quality Board 6 Amend Title, page 1, line 5, by removing the period after 7 "Compact" and inserting 8 ; and imposing penalties. 9 Amend Sec. 2, page 1, line 11, by striking out "Authority to 10 execute" and inserting 11 Enactment of 12 Amend Sec. 2, page 1, line 16, by inserting after "compact" 13 and enacts such compact into law 14 Amend Bill, page 47, lines 17 through 30; page 48, lines 1 15 through 17, by striking out all of said lines on said pages and 16 inserting 17 Section 3. Implementation of compact. 18 The compact shall be effectuated and implemented in 19 Pennsylvania in accordance with sections 4, 5, 6, 7, 8, 9 and 10 20 of this act, when the compact is ratified and becomes binding 21 and effective pursuant to section 9.4 of the compact. 22 Section 4. Additional definitions. 23 (a) General rule.--All words and phrases used in this act 24 which are defined in section 1.1 of the compact shall have the 25 meanings set forth in the compact. 26 (b) Definitions.--The following words and phrases when used 27 in this act shall have the meanings given to them in this 28 section unless the context clearly indicates otherwise: 29 "Confidential information." The term as defined in 27
1 Pa.C.S. § 3102 (relating to definitions). 2 "Department." The Department of Environmental Protection of 3 the Commonwealth. 4 "Environmental Hearing Board Act." The act of July 13, 1988 5 (P.L.530, No.94), known as the Environmental Hearing Board Act. 6 "Environmental Hearing Board." The board established 7 pursuant to the act of July 13, 1988 (P.L.530, No.94), known as 8 the Environmental Hearing Board Act. 9 "Environmental Quality Board." The board established 10 pursuant to section 1920-A of the act of April 9, 1929 (P.L.177, 11 No.175), known as The Administrative Code of 1929. 12 "Safe Drinking Water Act." The act of May 1, 1984 (P.L.206, 13 No.43), known as the Pennsylvania Safe Drinking Water Act. 14 "Water Rights Law." The act of June 24, 1939 (P.L.842, 15 No.365), referred to as the Water Rights Law. 16 Section 5. Powers and duties of department. 17 The department shall have the power and duty to implement and 18 enforce the compact, and to carry out the functions, powers and 19 duties contained in the compact which are assigned to 20 Pennsylvania as a party to the compact, consistent with 21 regulations adopted by the Environmental Quality Board and the 22 provisions of this act. The department shall have the power and 23 duty to: 24 (1) Administer and implement the programs for water 25 resources inventory, registration and reporting required 26 under section 4.1 of the compact, through the water use 27 registration and reporting program and regulations 28 established pursuant to 27 Pa.C.S. § 3118 (relating to water 29 use registration and reporting) and section 6 of this act. 30 (2) Administer and implement within the basin a water 31 conservation and efficiency program required under section 32 4.2 of the compact. Such program shall be a voluntary 33 program, utilizing the provisions of 27 Pa.C.S. § 3120 34 (relating to water conservation). 35 (3) Review and act upon proposals for new or increased 36 water withdrawals, consumptive uses or diversions and, if 37 approved, specify reasonable terms and conditions thereof. In 38 assessing the impacts of a withdrawal or consumptive use 39 proposal under the decision-making standard in section 40 4.11(2) of the compact, the department shall consider the 41 impacts to the waters and water-dependent natural resources 42 of the basin as a whole and the applicable source watershed 43 to be either the watershed of Lake Erie or Lake Ontario, as a 44 whole, whichever is the watershed from which water is 45 proposed to be withdrawn. 46 (4) Conduct inspections and enforce the provisions of 47 the compact and this act. 48 Section 6. Powers and duties of Environmental Quality Board. 49 The Environmental Quality Board shall have the power and duty 50 to adopt regulations as reasonably necessary to implement and 51 enforce the compact and the management programs required by the 52 compact and this act. Such regulations may include rules 53 establishing: 54 (1) Criteria and procedures for review and approval of 55 proposals for water withdrawals, consumptive uses or 56 diversions consistent with the standard of review and 57 decision set forth in the compact. For purposes of section 58 4.10 of the compact, the threshold for management and 59 regulation shall be as follows: HB1705A05324 - 2 -
1 (i) any new or increased withdrawal from the basin 2 in an amount that equals or exceeds 100,000 gallons per 3 day averaged over any 90-day period; 4 (ii) any new or increased consumptive use of water 5 withdrawn from the basin in an amount which equals or 6 exceeds 5,000,000 gallons per day averaged over any 90- 7 day period; or 8 (iii) any new or increased diversion of water from 9 the basin. 10 (2) Criteria and procedures for establishing the 11 baseline amount of existing withdrawals, consumptive uses and 12 diversions, consistent with section 8 of this act. 13 (3) Reasonable fees for processing of applications for 14 proposals subject to review and approval by the department. 15 Such fees shall bear a reasonable relationship to the actual 16 cost of administering the program. 17 The Environmental Quality Board shall not adopt rules to 18 implement any mandatory program governing water conservation and 19 efficiency pursuant to section 4.2 of the compact, unless the 20 General Assembly enacts legislation specifically authorizing the 21 adoption of such regulations or implementation of a mandatory 22 program. 23 Section 7. Process for amendment of standard of review and 24 decision. 25 (a) Substantive amendments.--No regulation adopted by the 26 council pursuant to section 3.1 of the compact which revises the 27 standard of review and decision as set forth in the compact 28 shall be deemed duly-adopted in accordance with the statutory 29 authorities and applicable procedures of this Commonwealth 30 unless such regulation is approved by enactment of the General 31 Assembly. 32 (b) Exceptions.--Subsection (a) shall not apply to a 33 regulation adopted pursuant to section 3.3 of the compact which 34 interprets, explains or provides for administration of the 35 standard of review and decision as set forth in the compact, but 36 does not substantively revise the standard of review and 37 decision. 38 (c) Prior notification to General Assembly.--The 39 Commonwealth's representative to the council shall provide prior 40 notice to and consultation with the chairman and minority 41 chairman of the Environmental Resources and Energy Committee of 42 the Senate and the chairman and minority chairman of the 43 Environmental Resources and Energy Committee of the House of 44 Representatives and the members of the General Assembly 45 representing the affected districts regarding any proposed 46 revision by the council to the standard of review and decision. 47 Such notice and consultation shall occur within 30 days of the 48 issuance of the proposed revision by the council. 49 Section 8. Baseline for determining new or increased 50 withdrawals, consumptive uses or diversions. 51 (a) Basis for determining baseline.--The baseline amount of 52 existing withdrawals, consumptive uses or diversions shall be 53 the larger of either of the following: 54 (1) the applicable withdrawal limitation specified in a 55 permit issued under the Water Rights Law or the Safe Drinking 56 Water Act; or 57 (2) the physical capacity of the existing systems, 58 considering withdrawal capacity, treatment capacity, 59 distribution capacity or other capacity-limiting factors. HB1705A05324 - 3 -
1 (b) Process.--The department shall prepare a proposed 2 listing of baseline amounts and provide notice of such proposed 3 list to the public and to the owner and operator of each 4 affected facility. The notice shall provide at least 30 days for 5 public comment. After consideration of such comments, the 6 department shall provide written notice of the final list to the 7 owner and operator of each affected facility and to the public. 8 An action of the department determining a baseline amount 9 adversely affecting a person shall be subject to appeal to the 10 Environmental Hearing Board in accordance with the provisions of 11 the Environmental Hearing Board Act. Based upon the final 12 resolution of any such appeal, the department shall submit to 13 the regional body and council a revised list, if required, to 14 reflect the baseline amount determined pursuant to such appeal. 15 Section 9. Confidential information. 16 Information required to be submitted to the department or any 17 other Commonwealth agency pursuant to the compact shall be 18 subject to the provisions of 27 Pa.C.S. § 3119 (relating to 19 confidential information). Pursuant to section 8.3 of the 20 compact, the department and any other Commonwealth agency 21 distributing information to the council or other parties shall 22 take such measures, including, but not limited to, deletion and 23 redaction, deemed necessary to protect confidential information. 24 Section 10. Civil penalties. 25 For purposes of implementing section 7.3.2.A of the compact, 26 upon a complaint brought by the department, the council or any 27 party to the compact, the Environmental Hearing Board or any 28 court of competent jurisdiction may assess a civil penalty upon 29 any person who violates the compact or this act. The maximum 30 civil penalty that may be assessed is $5,000 per day for each 31 violation. Each violation of any provision of the compact or 32 this act, and each violation for each separate day, shall 33 constitute a separate offense. In determining the amount of a 34 civil penalty, the Environmental Hearing Board or court shall 35 consider the degree of willfulness or negligence, the duration 36 of the violation, savings resulting to the person as the result 37 of the violation, damage to the water resources or water-related 38 natural resources resulting from the violation, cooperation by 39 the alleged violator in correcting any violations or related 40 impacts and other relevant factors. 41 Amend Sec. 5, page 48, line 18, by striking out "5" and 42 inserting 43 11 A14L90DMS/HB1705A05324 - 4 -