SENATE AMENDED PRIOR PRINTER'S NOS. 220, 622 PRINTER'S NO. 2571
No. 3 Session of 2005
INTRODUCED BY QUIGLEY, HARPER, ADOLPH, HERSHEY, BUNT, McGILL, CRAHALLA, CORNELL, RUBLEY, E. Z. TAYLOR, WATSON, SCHRODER, FICHTER, FLICK, GODSHALL, O'NEILL, PETRI, WRIGHT, HENNESSEY, ALLEN, ARGALL, ARMSTRONG, BAKER, BALDWIN, BARRAR, BASTIAN, BOYD, BROWNE, CALTAGIRONE, CAPPELLI, CIVERA, DALLY, J. EVANS, FAIRCHILD, FEESE, FLEAGLE, GANNON, GEIST, GILLESPIE, GINGRICH, GOOD, HARHART, HASAY, HERMAN, HICKERNELL, M. KELLER, KENNEY, KILLION, MAHER, R. MILLER, MUSTIO, PYLE, RAYMOND, REICHLEY, ROSS, SATHER, SAYLOR, SCAVELLO, S. H. SMITH, STERN, THOMAS, TRUE, YOUNGBLOOD, MICOZZIE, HESS AND T. STEVENSON, FEBRUARY 3, 2005
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JULY 6, 2005
AN ACT 1 Amending Title 27 (Environmental Resources) of the Pennsylvania 2 Consolidated Statutes, further providing for definitions; <-- 3 establishing the Environmental Endowment Account and the 4 Environmental Stewardship Sinking Fund; continuing the 5 Hazardous Sites Cleanup Fund; further providing for agencies; 6 providing for intergovernmental coordination, for evaluation 7 of applications and for extension of fees; authorizing 8 incurring of indebtedness, sale of bonds, temporary financing 9 and debt retirement; providing for certification and 10 publication of certification; further providing for deposit 11 of disposal fees, for sunset and for adjustments; and making 12 a repeal. DEFINITIONS, FOR ALLOCATION OF ENVIRONMENTAL <-- 13 STEWARDSHIP FUND AND FOR ADMINISTRATIVE EXPENSES; DELETING 14 PROVISIONS RELATING TO ENVIRONMENTAL INFRASTRUCTURE GRANTS; 15 PROVIDING FOR FEE DEPOSITS; AUTHORIZING INDEBTEDNESS FOR 16 ENVIRONMENTAL INITIATIVES; AUTHORIZING SALE OF BONDS, 17 TEMPORARY FINANCING AND DEBT RETIREMENT; FURTHER PROVIDING 18 FOR DISPOSAL FEE FOR MUNICIPAL WASTE LANDFILLS AND DEPOSIT OF 19 DISPOSAL FEE; DELETING CERTAIN SUNSET PROVISIONS; AND MAKING 20 A REPEAL RELATING TO THE HAZARDOUS SITES CLEANUP FUND. 21 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows: 2 Section 1. The definition of "departments" in section 6103 <-- 3 of Title 27 of the Pennsylvania Consolidated Statutes is amended 4 and the section is amended by adding definitions to read: 5 § 6103. Definitions. 6 The following words and phrases when used in this chapter 7 shall have the meanings given to them in this section unless the 8 context clearly indicates otherwise: 9 * * * 10 "Agricultural Conservation Easement Purchase Fund." The 11 Agricultural Conservation Easement Purchase Fund established in 12 the act of June 30, 1981 (P.L.128, No.43), known as the 13 Agricultural Area Security Law. 14 * * * 15 "Capital Facilities Debt Enabling Act." The act of February 16 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt 17 Enabling Act. 18 "Departments." The [Department of Agriculture, the] 19 Department of Conservation and Natural Resources and the 20 Department of Environmental Protection of the Commonwealth. 21 * * * 22 "Environmental Endowment Account." The Environmental 23 Endowment Account established in section 6104.1 (relating to 24 funds and accounts). 25 "Environmental Stewardship Sinking Fund." The Environmental 26 Stewardship Sinking Fund established in section 6104.1 (relating 27 to funds and accounts). 28 * * * 29 "Green PA Bond Act." The act of , 2005 (P.L. , No. 30 ), known as the Green PA Bond Act. 20050H0003B2571 - 2 -
1 "Hazardous Sites Cleanup Fund." The Hazardous Sites Cleanup 2 Fund established in section 6104.1(c) (relating to funds and 3 accounts). 4 * * * 5 "Issuing officials." The Governor, the Auditor General and 6 the State Treasurer. 7 * * * 8 Section 2. Section 6104 of Title 27 is amended to read: 9 § 6104. Fund. 10 (a) Establishment.--There is established a special fund in 11 the State Treasury, to be known as the Environmental Stewardship 12 Fund. 13 [(b) Sources.-- 14 (1) Money appropriated by the General Assembly, interest 15 earned by the fund, penalties, money received from the 16 Federal Government or other sources and money received from 17 the fee established under section 6112(b) (relating to 18 extension of fees) shall be deposited in the fund. Moneys 19 appropriated by the General Assembly to the fund shall be 20 transferred on a quarterly basis in increments of at least 21 20%. 22 (2) For fiscal years 1999-2000 through 2003-2004, the 23 fund may receive money, upon approval of the Governor, from 24 the Recycling Fund and the Hazardous Sites Cleanup Fund. The 25 combined total of appropriations from these two funds for the 26 program shall not exceed $30,000,000 annually. 27 (3) It is the intent of the General Assembly that 28 $100,000,000 per fiscal year be appropriated from the General 29 Fund for fiscal years 2000-2001 through 2003-2004 to the 30 fund. The Governor's annual budget submission for fiscal 20050H0003B2571 - 3 -
1 years 2000-2001 through 2003-2004 shall include the sum of 2 $100,000,000 per fiscal year for allocation in accordance 3 with this section. 4 (c) Appropriation.--The money in the fund is hereby 5 appropriated, upon approval of the Governor, to the departments 6 and the authority for the purpose of implementing the provisions 7 of this chapter.] 8 (b.1) Sources.--The following shall be credited by the 9 Treasury Department to the fund: 10 (1) Proceeds from the sale of the bonds issued in 11 accordance with the Green PA Bond Act and section 6114(a) 12 (relating to Commonwealth indebtedness). 13 (2) Money received from the Federal Government or other 14 sources. 15 (3) Any money that may be appropriated by the General 16 Assembly. 17 (d) Allocation[.--It is the intent of the General Assembly 18 that the money appropriated in subsection (c) be allocated 19 annually] and appropriation.--Money in the fund is hereby 20 appropriated on a continuing basis as follows: 21 (1) For fiscal year 1999-2000, 28.4% to the Department 22 of Conservation and Natural Resources, 43.7% to the 23 Department of Environmental Protection and 27.9% to the 24 authority. 25 (2) For fiscal years 2000-2001 through 2003-2004, 24.1% 26 to the Department of Conservation and Natural Resources, 27 37.4% to the Department of Environmental Protection, 14.8% to 28 the Department of Agriculture and 23.7% to the authority. 29 (3) For fiscal year 2004-2005 [and each year 30 thereafter], moneys in the fund shall be allocated in 20050H0003B2571 - 4 -
1 accordance with paragraph (1). 2 (4) For fiscal year 2005-2006 and each fiscal year 3 thereafter, 31.3% to the Department of Conservation and 4 Natural Resources, 43.7% to the Department of Environmental 5 Protection, and 25% to the authority. 6 (e) Legislative oversight.-- 7 (1) An annual expenditure plan for the fund shall be 8 submitted by the Governor to the General Assembly as part of 9 the Governor's annual budget submission. The expenditure plan 10 shall be open for review and comment by the members of the 11 General Assembly and shall include a detailed listing of the 12 types of programs for the actual year, current year and 13 proposed budget year. 14 (2) The Secretary of the Budget shall provide quarterly 15 financial statements showing the status of the Recycling 16 Fund, the Hazardous Sites Cleanup Fund [and], the 17 Environmental Stewardship Fund and the Environmental 18 Stewardship Sinking Fund to the [chairman] chairperson and 19 minority [chairman] chairperson of the Appropriations 20 Committee of the Senate and the [chairman] chairperson and 21 minority [chairman] chairperson of the Appropriations 22 Committee of the House of Representatives. Such statements 23 shall be provided within 30 days of the close of each quarter 24 of the fiscal year and shall commence with the quarter ending 25 March 31, 2000. 26 (3) The Secretary of Environmental Protection, the 27 Secretary of Conservation and Natural Resources and the 28 Director of the Pennsylvania Infrastructure Investment 29 Authority shall each submit a report no later than September 30 15, 2006, and each September 15 thereafter, to the 20050H0003B2571 - 5 -
1 chairperson and minority chairperson of the Environmental 2 Resources and Energy Committee of the Senate and to the 3 chairperson and minority chairperson of the Environmental 4 Resources and Energy Committee of the House of 5 Representatives for the prior fiscal year. Each report shall 6 include all of the following: 7 (i) A detailed list of all grants and loans awarded 8 or made with funds received under this chapter. 9 (ii) A description of each project which received a 10 grant or loan awarded or made with funds received under 11 this chapter. 12 (iii) A description of the source of each local 13 match for each project which received a grant or loan 14 awarded or made with funds received under this chapter. 15 (iv) The environmental impact of each project which 16 received a grant or loan awarded or made with funds 17 received under this chapter. 18 (v) Any other information the secretary or director 19 deems necessary or useful for the committee to access the 20 environmental impact of a grant or loan. 21 Section 3. Title 27 is amended by adding a section to read: 22 § 6104.1. Funds and accounts. 23 (a) Environmental Stewardship Sinking Fund.--There is 24 established a special fund to be known as the Environmental 25 Stewardship Sinking Fund. The Environmental Stewardship Sinking 26 Fund shall be used to make principal and interest payments under 27 section 6114(d) (relating to Commonwealth indebtedness). 28 (b) Environmental Endowment Account.-- 29 (1) There is established within the fund a restricted 30 account to be known as the Environmental Endowment Account. 20050H0003B2571 - 6 -
1 The following shall be deposited in the Environmental 2 Endowment Account: 3 (i) Interest earned on the fund. 4 (ii) Ninety percent of any excess money in the 5 Environmental Stewardship Sinking Fund balance as 6 certified in accordance with section 6115 (relating to 7 certifications). Twenty-five percent of any money 8 deposited under this subparagraph shall be used for 9 providing grants to counties, municipalities, county 10 conservation districts, watershed organizations or other 11 authorized organizations, for ongoing operation and 12 maintenance costs directly related to maintaining 13 abandoned mine water discharge cleanup projects. 14 (iii) Penalties and fees imposed by the Department 15 of Environmental Protection and Department of 16 Conservation and Natural Resources under this chapter or 17 Chapter 63 (relating to disposal fee). 18 (2) Money held or deposited in the Environmental 19 Endowment Account may be invested or reinvested by the State 20 Treasurer as are other funds in the custody of the State 21 Treasurer in the manner provided by law. Any proceeds from 22 the investment of the Environmental Endowment Account shall 23 be credited by the Treasury Department to the Environmental 24 Endowment Account. 25 (3) Beginning in fiscal year 2007-2008, whenever the 26 Governor determines that money from the Environmental 27 Endowment Account is necessary to meet the environmental 28 needs of the citizens of this Commonwealth, he shall present 29 a request for an appropriation along with the specifics of 30 his proposal and such suggested ancillary and substantive 20050H0003B2571 - 7 -
1 legislation as may be necessary to the chairperson of the 2 Appropriations Committee of the Senate and the chairperson of 3 the Appropriation Committee of the House of Representatives. 4 The proposal may include a request for operation and 5 maintenance costs related to abandoned mine water discharge 6 projects. The General Assembly may then, through approval of 7 a separate appropriation bill by a vote of two-thirds of the 8 members elected to the Senate and the House of 9 Representatives, appropriate money from the Environmental 10 Endowment Account to meet the needs identified in the 11 Governor's proposal. Any money appropriated according to this 12 section which then lapsed shall be returned to the 13 Environmental Endowment Account. 14 (c) Hazardous Sites Cleanup Fund.--There is established a 15 special fund to be known as the Hazardous Sites Cleanup Fund. 16 Section 4. Sections 6105 and 6112 of Title 27 are amended to 17 read: 18 § 6105. Agencies. 19 (a) The Department of Conservation and Natural Resources.-- 20 (1) The Department of Conservation and Natural Resources 21 shall utilize money it receives from the fund for the 22 following purposes: 23 (i) To rehabilitate, repair and develop State park 24 and State forest lands and facilities and the acquisition 25 of interior lands within State parks and State forests. 26 (ii) To provide grants to a county [or other], 27 municipality, conservation [districts and] district or 28 authorized [organizations] organization for open space 29 preservation. Grants provided under this subparagraph may 30 be used for the purpose of land use planning, education, 20050H0003B2571 - 8 -
1 acquisition, development, rehabilitation and repair of 2 greenways, recreational trails, [open space,] natural 3 areas, river corridors, watersheds, community and 4 heritage parks and recreation facilities; community 5 conservation and beautification projects; forest 6 conservation; and other conservation purposes. Grants 7 under this paragraph may not be used by an authorized 8 organization for land acquisition unless the authorized 9 organization obtains the approval of all counties in 10 which the land is situated. [Grant moneys may also be 11 used for the acquisition of farmland for the purposes set 12 forth in this paragraph.] 13 (iii) To provide grants to a county [or other], 14 municipality [and] or authorized [organizations] 15 organization for the purpose of research, planning, 16 inventories and technical assistance intended to protect 17 and conserve the biological diversity of this 18 Commonwealth. 19 (2) The Department of Conservation and Natural Resources 20 may require matching funds in an amount equal to at least 10% 21 of the total project cost. Additional local match 22 requirements may be established by the departments as a 23 condition of the award of a grant under this subsection. As 24 used in this paragraph, the term "matching funds" shall 25 include all of the following: 26 (i) Personnel and maintenance costs. 27 (ii) Outreach activities. 28 (iii) Land and other in-kind contributions. 29 (3) For fiscal year 2005-2006, and each fiscal year 30 thereafter, the Department of Conservation and Natural 20050H0003B2571 - 9 -
1 Resources shall use a minimum of $15,000,000 of the money it 2 receives pursuant to this chapter for grants for open space 3 preservation under paragraph (1)(ii). 4 (b) The Department of Environmental Protection.-- 5 (1) The Department of Environmental Protection shall 6 utilize money it receives from the fund for the following 7 purposes: 8 (i) To implement acid mine drainage abatement [and 9 cleanup efforts and plug abandoned and orphan oil and gas 10 wells], mine cleanup efforts and funding for abandoned 11 mine reclamation. 12 (ii) To provide funding for technical assistance and 13 financial incentives to facilitate remining. 14 (iii) To provide grants to a county [or other], 15 municipality, county conservation [districts] district, 16 watershed [organizations and] organization or other 17 authorized [organizations] organization for acid mine 18 drainage abatement, mine cleanup efforts and [well 19 plugging] abandoned mine reclamation. 20 (iv) To provide grants and technical assistance to a 21 county [or other], municipality, county conservation 22 [districts] district, watershed [organizations and] 23 organization or other authorized [organizations] 24 organization to plan and implement local watershed-based 25 conservation efforts. 26 (v) To improve water-quality-impaired watersheds, 27 including those polluted by past mining activities, 28 agricultural and urban runoff, atmospheric deposition, 29 on-lot sewage systems and earthmoving activities. 30 (vi) To provide grants for safe drinking water 20050H0003B2571 - 10 -
1 projects and wastewater treatment projects as provided 2 for in section 6110 (relating to environmental 3 infrastructure grants to water and wastewater treatment 4 facilities). 5 (vii) To plug abandoned and orphan oil and gas 6 wells. 7 (viii) To provide grants to a county, municipality, 8 county conservation district, watershed organization or 9 other authorized organization for well plugging. 10 (2) County conservation districts may further distribute 11 grants received under this section to watershed organizations 12 and other authorized organizations to assist in the 13 implementation of this chapter. 14 (3) The Department of Environmental Protection may 15 require matching funds in an amount equal to at least 10% of 16 the total project cost. Additional local match requirements 17 may be established by the departments as a condition of the 18 award of a grant under this subsection. 19 [(4) For the period commencing with the effective date 20 of this chapter and ending June 30, 2004, the Department of 21 Environmental Protection may utilize up to 10% of the money 22 allocated annually to it under section 6104(d) (relating to 23 fund) to provide grants for safe drinking water projects and 24 wastewater treatment projects. Grants under this paragraph 25 shall be made for the same purposes and shall be subject to 26 the same limitations as grants authorized in section 6110.] 27 As used in this paragraph, the term "matching funds" shall 28 include all of the following: 29 (i) Personnel and maintenance costs. 30 (ii) Outreach activities. 20050H0003B2571 - 11 -
1 (iii) Land and other in-kind contributions. 2 (5) For fiscal year 2005-2006, and each year thereafter, 3 the Department of Environmental Protection shall use a 4 minimum of $39,000,000 of the money it receives pursuant to 5 this chapter for Commonwealth efforts or grants for acid mine 6 drainage abatement, mine cleanup and abandoned mine 7 reclamation under paragraph (1)(i) and (iii). 8 [(c) Department of Agriculture.--Funds allocated to the 9 Department of Agriculture under this chapter shall be deposited 10 in the Agricultural Conservation Easement Purchase Fund and are 11 subject to the provisions of the act of June 30, 1981 (P.L.128, 12 No.43), known as the Agricultural Area Security Law.] 13 (d) The authority.--The authority shall utilize money it 14 receives from the fund to provide financial assistance in the 15 form of grants and matching grants for storm water, water and 16 sewer infrastructure projects, including construction or 17 rehabilitation of collection and conveyance systems. The 18 authority shall develop criteria to be used to award grants 19 under this subsection. The criteria and proposed changes thereto 20 shall be submitted to the Environmental Resources and Energy 21 Committee of the Senate and the Environmental Resources and 22 Energy Committee of the House of Representatives for review and 23 comment. The committees shall have 60 days to submit comments to 24 the authority. Criteria shall be reviewed by the authority and 25 the committees at least once every three years. 26 (e) Administrative expense limitation.--The departments, 27 authority and grant recipients that receive moneys from the fund 28 for the purposes set forth in this section may not expend more 29 than 2% of the moneys on administrative expenses. 30 (f) Expenditure [limitation.--] limitations.-- 20050H0003B2571 - 12 -
1 (1) No moneys made available through the fund shall be 2 used for any purpose which, directly or indirectly, precludes 3 access to or use of any forested land for the practice of 4 sustainable forestry and commercial production of timber or 5 other forest products. This [subsection] paragraph shall not 6 apply to funds used by the Department of Conservation and 7 Natural Resources, counties or municipalities for the 8 purchase or improvement of park land to be used for public 9 recreation. 10 (2) No moneys made available through the fund shall be 11 used to purchase supplies or construction as those terms are 12 used in 62 Pa.C.S. § 103 (relating to definitions) unless the 13 purchase is made under 62 Pa.C.S. § 512 (relating to 14 competitive sealed bidding). 15 (g) Regulations.--The departments and the authority may 16 promulgate regulations necessary to carry out the purposes of 17 this chapter. 18 (h) Intergovernmental coordination.--Prior to providing a 19 grant or loan with money received pursuant to this chapter, an 20 agency shall ensure that the project is generally consistent 21 with the county comprehensive plan and any applicable municipal 22 plan. 23 (i) Evaluation of applications.--In reviewing applications, 24 the departments and the authority shall give priority 25 consideration to applications which maximize the ratio of 26 environmental benefit received when compared to dollars spent. 27 Approved projects must be eligible for tax-exempt bond funding. 28 § 6112. Extension of fees. 29 (b) Fee established.--Each operator of a municipal waste 30 landfill shall pay, in the same manner prescribed in section 701 20050H0003B2571 - 13 -
1 of the Municipal Waste Planning, Recycling and Waste Reduction 2 Act, an amount equal to 25¢ per ton of weighted waste or 25¢ per 3 three cubic yards of volume-measured waste for all solid waste 4 received at the landfill. These fees shall be paid to the State 5 Treasury and deposited into the fund. For fiscal year 2005-2006 6 and each fiscal year thereafter, these fees shall be deposited 7 into the Agricultural Conservation Easement Purchase Fund. 8 Section 5. Title 27 is amended by adding sections to read: 9 § 6114. Commonwealth indebtedness. 10 (a) Borrowing authorized.-- 11 (1) Pursuant to section 7(a)(3) of Article VIII of the 12 Constitution of Pennsylvania and the referendum authorized by 13 the Green PA Bond Act and approved by the electorate, the 14 issuing officials are authorized and directed to borrow, on 15 the credit of the Commonwealth, money not exceeding in the 16 aggregate the sum of $800,000,000, in annual increments not 17 to exceed $115,000,000, not including money borrowed to 18 refund outstanding bonds, notes or replacement notes as may 19 be found necessary to carry out the purposes of this chapter. 20 (2) All bonds and notes issued under this chapter shall 21 be: 22 (i) exempt from taxation for State and local 23 purposes; and 24 (ii) eligible for tax-exempt bond funding status 25 under existing Federal law. 26 (3) Borrowing authorized under paragraph (1) shall be 27 made in accordance with the procedures specified in sections 28 307 and 308 of the act of February 9, 1999 (P.L.1, No.1), 29 known as the Capital Facilities Debt Enabling Act, as of the 30 effective date of this paragraph. 20050H0003B2571 - 14 -
1 (b) Sale of bonds.-- 2 (1) All sales of the bonds shall be made in accordance 3 with procedures specified in section 309 of the Capital 4 Facilities Debt Enabling Act, as of the effective date of 5 this paragraph. 6 (2) The proceeds realized from the sale of bonds and 7 notes except refunding bonds and replacement notes under this 8 chapter shall be paid into the fund and are specifically 9 dedicated to the purposes of this chapter. The proceeds shall 10 be paid by the State Treasurer to the departments in 11 accordance with the allocations specified in section 12 6104(d)(4) (relating to fund). The proceeds of the sale of 13 refunding bonds and replacement notes shall be paid to the 14 State Treasurer and applied to the payment of principal, and 15 any accrued interest and premium, and cost of redemption, of 16 the bonds and notes for which the obligations have been 17 issued. 18 (3) Pending their application for the purposes 19 authorized, money held or deposited by the State Treasurer 20 may be invested or reinvested as are other funds in the 21 custody of the State Treasurer in the manner provided by law. 22 All earnings received from the investment or deposit of the 23 funds shall be paid into the fund and credited to the 24 Environmental Endowment Account. 25 (4) The Auditor General shall prepare the necessary 26 registry book to be kept in the office of the authorized loan 27 and transfer agent of the Commonwealth for the registration 28 of bonds, at the request of owners of the bonds, according to 29 the terms and conditions of issue directed by the issuing 30 officials. 20050H0003B2571 - 15 -
1 (5) There is hereby appropriated to the State Treasurer 2 from the fund as much money as may be necessary for all costs 3 and expenses in connection with the issue and sale and 4 registration of the bonds and notes in connection with this 5 chapter and the payment of interest arbitrage rebates. 6 (c) Temporary financing authorization.-- 7 (1) Pending the issuance of bonds of this Commonwealth 8 as authorized, the issuing officials are authorized, in 9 accordance with this chapter and on the credit of this 10 Commonwealth, to make temporary borrowings not to exceed one 11 year in anticipation of the issue of bonds in order to 12 provide funds in amounts as deemed advisable prior to the 13 issue of bonds. In order to provide for and in connection 14 with any temporary borrowing, the issuing officials are 15 authorized in the name and on behalf of the Commonwealth to 16 enter into purchase, loan or credit agreements or other 17 agreement with any bank or trust company, other lending 18 institution, investment banking firm or person in the United 19 States having power to enter into the agreement. The 20 agreement may contain provisions not inconsistent with this 21 chapter as authorized by the issuing officials. 22 (2) Temporary borrowings made under this subsection 23 shall be made in accordance with the provisions of section 24 306(b), (c) and (d) of the Capital Facilities Debt Enabling 25 Act as of the effective date of this paragraph. 26 (3) Outstanding notes evidencing the borrowings may be 27 funded and retired by the issuance and sale of the bonds of 28 this Commonwealth as authorized in this paragraph. The 29 refunding bonds shall be issued and sold not later than a 30 date one year after the date of issuance of the first notes 20050H0003B2571 - 16 -
1 evidencing the borrowing to the extent that payment of the 2 notes has not otherwise been made or provided for by sources 3 other than proceeds of replacement notes. 4 (4) The proceeds of all temporary borrowing shall be 5 paid to the State Treasurer to be held and disposed of in 6 accordance with this chapter. 7 (d) Debt retirement.-- 8 (1) All bonds issued under the authority of this chapter 9 shall be redeemed at maturity, together with all interest 10 due. Principal and interest payments shall be paid from the 11 Environmental Stewardship Sinking Fund. For the specific 12 purpose of redeeming the bonds at maturity and paying all 13 interest on the bonds in accordance with the information 14 received from the Governor, the General Assembly shall 15 annually appropriate money from the Environmental Stewardship 16 Sinking Fund for the payment of interest on the bonds and 17 notes and the principal of the bonds and notes at maturity. 18 All money in the Environmental Stewardship Sinking Fund and 19 all of the money not necessary to pay accruing interest shall 20 be invested by the State Treasurer in securities as are 21 provided by law for the investment of the sinking funds of 22 the Commonwealth. 23 (2) The State Treasurer shall annually determine and 24 report to the Secretary of the Budget by November 1: 25 (i) the amount of money necessary for the payment of 26 interest on outstanding obligations; 27 (ii) the principal of the obligations for the 28 following fiscal year; and 29 (iii) the times and amounts of the payments. 30 (3) The Governor shall include in every budget submitted 20050H0003B2571 - 17 -
1 to the General Assembly full information relating to: 2 (i) the issuance of bonds and notes under this 3 chapter; 4 (ii) the status of the fund and the Environmental 5 Stewardship Sinking Fund; and 6 (iii) the payment of principal of and interest on 7 the bonds and notes at maturity. 8 § 6115. Certifications. 9 (a) General rule.--Beginning June 30, 2006, and annually 10 thereafter, the Secretary of the Budget shall certify to the 11 chairpersons of the Appropriations Committee of the Senate and 12 the chairpersons of the Appropriations Committee of the House of 13 Representatives any excess Environmental Stewardship Sinking 14 Fund balance for the current and future fiscal years. The excess 15 fund balance shall be calculated by subtracting the total actual 16 debt service on currently outstanding Green PA bonds plus 17 projected debt service on remaining Green PA bonds authorized 18 but not issued, from the current balance of the Environmental 19 Stewardship Sinking Fund plus anticipated Environmental 20 Stewardship Sinking Fund revenues deposited in accordance with 21 section 6302 (relating to deposit of disposal fee). 22 (b) Additional indebtedness.--Beginning with fiscal year 23 2006-2007 and each fiscal year thereafter, prior to the issuing 24 officials incurring additional indebtedness under section 6114 25 (relating to Commonwealth indebtedness), the Secretary of the 26 Budget shall certify to the chairperson of the Appropriations 27 Committee of the Senate and the chairperson of the 28 Appropriations Committee of the House of Representatives whether 29 sufficient money will exist in the Environmental Stewardship 30 Sinking Fund to pay the principal of and interest on the 20050H0003B2571 - 18 -
1 existing indebtedness and proposed additional indebtedness, 2 incurred and to be incurred by the Commonwealth under section 3 6114. If the Secretary of the Budget certifies that sufficient 4 money will exist in the Environmental Stewardship Sinking Fund 5 to pay the principal of and interest on the existing 6 indebtedness and the proposed additional indebtedness, the 7 issuing officials may, upon publication of the certification 8 under subsection (a), incur the additional indebtedness in 9 accordance with section 6114. If the Secretary of the Budget 10 certifies that sufficient money will not exist in the 11 Environmental Stewardship Sinking Fund to pay the principal of 12 and interest on the existing indebtedness and the proposed 13 additional indebtedness, the issuing officials may not incur the 14 additional indebtedness. Upon a publication of a certification 15 to the chairperson of the Appropriations Committee of the Senate 16 and the chairperson of the Appropriations Committee of the House 17 of Representatives that sufficient money will exist, the issuing 18 officials may incur additional indebtedness in accordance with 19 section 6114. 20 (c) Publication.--The Secretary of the Budget shall transmit 21 notice of the certifications to the Legislative Reference Bureau 22 for publication in the Pennsylvania Bulletin. 23 Section 6. Sections 6302, 6304 and 6306 of Title 27 are 24 amended to read: 25 § 6302. Deposit of disposal fee. 26 (1) For the fiscal year 2002-2003, fees received by the 27 department pursuant to section 6301 (relating to disposal fee 28 for municipal waste landfills) shall be paid into the State 29 Treasury as follows: 30 (i) The first $50,000,000 in fees collected shall be 20050H0003B2571 - 19 -
1 deposited into the Environmental Stewardship Fund 2 established in Chapter 61 (relating to environmental 3 stewardship and watershed protection). 4 (ii) Any fees collected thereafter shall be 5 deposited in the General Fund. 6 (2) For the fiscal [year 2003-2004 and beyond] years 7 2003-2004 and 2004-2005, all fees collected shall be 8 deposited into the Environmental Stewardship Fund established 9 in Chapter 61. 10 (3) For fiscal year 2005-2006 and each fiscal year 11 thereafter, fees received by the Commonwealth under section 12 6301 shall be deposited as follows: 13 (i) $2.50 per ton shall be deposited into the 14 Environmental Stewardship Sinking Fund. 15 (ii) $1.25 per ton shall be deposited into the 16 Hazardous Sites Cleanup Fund. 17 (iii) 25¢ per ton shall be deposited into the 18 Agricultural Conservation Easement Purchase Fund. 19 [§ 6304. Sunset. 20 No fee or surcharge shall be imposed under this chapter on 21 and after July 1, 2012. 22 § 6306. Adjustments. 23 When the Governor's proposed budget for the upcoming fiscal 24 year, as submitted pursuant to section 12 of Article VIII of the 25 Constitution of Pennsylvania, contains a revision to the revenue 26 estimate for the current year of at least 3% less than the 27 official revenue estimate for the current year, the funds 28 deposited pursuant to section 6302(2) (relating to deposit of 29 disposal fee) may be adjusted by transferring or redirecting up 30 to 25% of these deposits to the General Fund.] 20050H0003B2571 - 20 -
1 Section 7. Section 602.3 of the act of March 4, 1971 (P.L.6, 2 No.2), known as the Tax Reform Code of 1971, is repealed. 3 Section 8. Section 6104.1(c) of Title 27 is a continuation 4 of the former section 602.3(a) of the act of March 4, 1971 5 (P.L.6, No.2), known as the Tax Reform Code of 1971. 6 Section 9. If the electorate ratifies the question under the 7 act of 2005 (P.L. , No. ), known as the Green PA Bond Act, the 8 Secretary of the Commonwealth shall immediately transmit notice 9 of the ratification to the Legislative Reference Bureau for 10 publication in the Pennsylvania Bulletin. 11 Section 10. This act shall take effect as follows: 12 (1) The following provisions shall take effect 13 immediately: 14 (i) Section 9 of this act. 15 (ii) This section. 16 (2) The remainder of this act shall take effect upon 17 publication of the notice under section 9 of this act. 18 SECTION 1. SECTION 6103 OF TITLE 27 OF THE PENNSYLVANIA <-- 19 CONSOLIDATED STATUTES IS AMENDED BY ADDING DEFINITIONS TO READ: 20 § 6103. DEFINITIONS. 21 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 22 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 23 CONTEXT CLEARLY INDICATES OTHERWISE: 24 * * * 25 "BOND FUND." THE GROWING GREENER BOND FUND ESTABLISHED UNDER 26 SECTION 6116 (RELATING TO ESTABLISHMENT OF BOND FUND AND 27 ALLOCATION AND USE OF BOND PROCEEDS). 28 * * * 29 "GEOLOGICAL HAZARD." A NATURALLY OCCURRING OR MANMADE 30 GEOLOGIC CONDITION OR PHENOMENON THAT PRESENTS A RISK OR IS A 20050H0003B2571 - 21 -
1 POTENTIAL DANGER TO LIFE AND PROPERTY. THE TERM INCLUDES, BUT IS 2 NOT LIMITED TO, LANDSLIDE, AVALANCHE, GROUND SUBSIDENCE AND 3 COASTAL AND BEACH EROSION. 4 "GROWING GREENER BOND REFERENDUM." THE REFERENDUM AUTHORIZED 5 UNDER THE ACT OF APRIL 13, 2005 (P.L.1, NO.1), KNOWN AS THE 6 GROWING GREENER ENVIRONMENTAL STEWARDSHIP AND WATERSHED 7 PROTECTION ENHANCEMENT AUTHORIZATION ACT, AND APPROVED BY THE 8 ELECTORATE AUTHORIZING THE COMMONWEALTH TO INCUR INDEBTEDNESS OF 9 UP TO $625,000,000 FOR THE MAINTENANCE AND PROTECTION OF THE 10 ENVIRONMENT, OPEN SPACE AND FARMLAND PRESERVATION, WATERSHED 11 PROTECTION, ABANDONED MINE RECLAMATION, ACID MINE DRAINAGE 12 REMEDIATION AND OTHER ENVIRONMENTAL INITIATIVES. 13 * * * 14 "WATERSHED PROTECTION." ACTIVITIES THAT ADDRESS REGIONAL 15 WATER PRIORITIES, INCLUDING PRIORITIES WITHIN THE DELAWARE, 16 ERIE, OHIO, POTOMAC AND SUSQUEHANNA WATERSHEDS AND COMPLIANCE BY 17 THE COMMONWEALTH WITH ITS COMMITMENTS UNDER CHESAPEAKE BAY 18 AGREEMENTS AND IMPLEMENTATION OF THE PROVISION OF CHAPTER 31 19 (RELATING TO WATER RESOURCES PLANNING). 20 * * * 21 SECTION 2. SECTION 6104(D) OF TITLE 27 IS AMENDED AND THE 22 SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ: 23 § 6104. FUND. 24 * * * 25 (D) ALLOCATION.--[IT IS THE INTENT OF THE GENERAL ASSEMBLY 26 THAT THE] THE MONEY APPROPRIATED IN SUBSECTION (C) SHALL BE 27 ALLOCATED ANNUALLY AS FOLLOWS: 28 (1) FOR FISCAL YEAR 1999-2000, 28.4% TO THE DEPARTMENT 29 OF CONSERVATION AND NATURAL RESOURCES, 43.7% TO THE 30 DEPARTMENT OF ENVIRONMENTAL PROTECTION AND 27.9% TO THE 20050H0003B2571 - 22 -
1 AUTHORITY. 2 (2) FOR FISCAL YEARS 2000-2001 THROUGH 2003-2004, 24.1% 3 TO THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, 4 37.4% TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, 14.8% TO 5 THE DEPARTMENT OF AGRICULTURE AND 23.7% TO THE AUTHORITY. 6 (3) FOR FISCAL YEAR 2004-2005 [AND EACH YEAR 7 THEREAFTER], MONEYS IN THE FUND SHALL BE ALLOCATED IN 8 ACCORDANCE WITH PARAGRAPH (1). 9 (4) FOR FISCAL YEAR 2005-2006, UP TO $20,000,000 OF THE 10 MONEYS IN THE FUND SHALL BE DEPOSITED INTO THE HAZARDOUS 11 SITES CLEANUP FUND AND THE REMAINING MONEYS SHALL BE 12 ALLOCATED IN ACCORDANCE WITH PARAGRAPH (2). 13 (5) FOR FISCAL YEAR 2006-2007, UP TO $30,000,000 OF THE 14 MONEYS IN THE FUND SHALL BE DEPOSITED INTO THE HAZARDOUS 15 SITES CLEANUP FUND AND THE REMAINING MONEYS SHALL BE 16 ALLOCATED IN ACCORDANCE WITH PARAGRAPH (2). 17 (6) FOR FISCAL YEAR 2007-2008, AND EACH YEAR THEREAFTER 18 MONEYS IN THE FUND SHALL BE ALLOCATED IN ACCORDANCE WITH 19 PARAGRAPH (2). 20 (D.1) CALCULATION OF ALLOCATIONS.--THE ANNUAL ALLOCATIONS 21 UNDER SUBSECTION (D)(4), (5) AND (6) SHALL BE CALCULATED AFTER 22 MONEYS HAVE BEEN DEPOSITED INTO THE HAZARDOUS SITES CLEANUP FUND 23 PURSUANT TO SUBSECTION (D)(4) AND (5) AND AFTER PAYMENTS 24 AUTHORIZED BY SECTION 6115(D)(4) (RELATING TO COMMONWEALTH 25 INDEBTEDNESS). THE ANNUAL ALLOCATIONS SHALL BE DETERMINED BY THE 26 SECRETARY OF THE BUDGET. 27 (D.2) ALLOCATION REDUCTIONS.--THE ANNUAL ALLOCATION TO THE 28 AUTHORITY UNDER SUBSECTION (D)(4), (5) AND (6) SHALL BE REDUCED, 29 AS AND IF NECESSARY, BY THE FOLLOWING SUMS, WHICH SHALL BE 30 DETERMINED BY THE SECRETARY OF THE BUDGET: 20050H0003B2571 - 23 -
1 (1) UP TO $2,500,000 TO THE GENERAL FUND FOR 2 REIMBURSEMENT FOR ANY TAX EXCLUSION GRANTED FOR CERTAIN 3 ENERGY EFFICIENT APPLIANCES PURSUANT TO LEGISLATION ENACTED 4 FOR THIS PURPOSE. 5 (2) UP TO $10,000,000 TO THE GENERAL FUND FOR 6 REIMBURSEMENT OF ANY HISTORIC PRESERVATION TAX CREDIT PROGRAM 7 ESTABLISHED PURSUANT TO LEGISLATION ENACTED FOR THIS PURPOSE, 8 OR TO THE AGENCY ADMINISTERING ANY HISTORIC PRESERVATION 9 GRANT PROGRAM ESTABLISHED PURSUANT TO LEGISLATION ENACTED FOR 10 THIS PURPOSE, FOR REIMBURSEMENT OF FUNDS EXPENDED FOR SUCH 11 PROGRAM, AS THE CASE MAY BE. 12 (D.3) ADDITIONAL DEPOSIT.--FROM WITHIN THE FUNDS ALLOCATED 13 UNDER SECTION 6116 (RELATING TO ESTABLISHMENT OF BOND FUND AND 14 ALLOCATION AND USE OF BOND PROCEEDS), THE SECRETARY OF THE 15 BUDGET MAY DEPOSIT INTO THE FUND AMOUNTS EQUAL TO THOSE 16 DEPOSITED INTO THE HAZARDOUS SITES CLEANUP FUND UNDER SUBSECTION 17 (D)(4) AND (5) AND MAY, AT THE SECRETARY'S DISCRETION, APPLY THE 18 AMOUNT OF THE FUNDS SO DEPOSITED INTO THE FUND UNDER THIS 19 SUBSECTION AGAINST THE AMOUNTS ALLOCATED IN SECTION 6116(C). 20 SECTION 3. SECTIONS 6105(A), (B) AND (E), 6110 AND 6112 OF 21 TITLE 27 ARE AMENDED TO READ: 22 § 6105. AGENCIES. 23 (A) THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.-- 24 (1) THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES 25 SHALL UTILIZE MONEY IT RECEIVES FROM THE FUND FOR THE 26 FOLLOWING PURPOSES: 27 (I) TO REHABILITATE, REPAIR AND DEVELOP STATE PARK 28 AND STATE FOREST LANDS AND FACILITIES AND THE ACQUISITION 29 OF INTERIOR LANDS WITHIN STATE PARKS AND STATE FORESTS. 30 (II) TO PROVIDE GRANTS TO A COUNTY OR OTHER 20050H0003B2571 - 24 -
1 MUNICIPALITY, COUNCIL OF GOVERNMENTS, CONSERVATION
2 DISTRICTS AND AUTHORIZED ORGANIZATIONS FOR THE PURPOSE OF
3 PLANNING, EDUCATION, ACQUISITION, DEVELOPMENT,
4 REHABILITATION AND REPAIR OF GREENWAYS, RECREATIONAL
5 TRAILS, OPEN SPACE, NATURAL AREAS, RIVER CORRIDORS,
6 WATERSHEDS, COMMUNITY AND HERITAGE PARKS AND RECREATION
7 FACILITIES; COMMUNITY CONSERVATION AND BEAUTIFICATION
8 PROJECTS; FOREST CONSERVATION; AND OTHER CONSERVATION
9 PURPOSES. GRANTS UNDER THIS PARAGRAPH MAY NOT BE USED BY
10 AN AUTHORIZED ORGANIZATION FOR LAND ACQUISITION UNLESS
11 THE AUTHORIZED ORGANIZATION OBTAINS THE APPROVAL OF ALL
12 COUNTIES IN WHICH THE LAND IS SITUATED. GRANT MONEYS MAY
13 ALSO BE USED FOR THE ACQUISITION OF FARMLAND FOR THE
14 PURPOSES SET FORTH IN THIS PARAGRAPH.
15 (III) TO PROVIDE GRANTS TO A COUNTY OR OTHER
16 MUNICIPALITY AND AUTHORIZED ORGANIZATIONS FOR THE PURPOSE
17 OF RESEARCH, PLANNING, INVENTORIES AND TECHNICAL
18 ASSISTANCE INTENDED TO PROTECT AND CONSERVE THE
19 BIOLOGICAL DIVERSITY OF THIS COMMONWEALTH.
20 (2) THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
21 MAY REQUIRE MATCHING FUNDS AS A CONDITION OF THE AWARD OF A
22 GRANT UNDER THIS SUBSECTION.
23 (B) THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.--
24 (1) THE DEPARTMENT OF ENVIRONMENTAL PROTECTION SHALL
25 UTILIZE MONEY IT RECEIVES FROM THE FUND FOR THE FOLLOWING
26 PURPOSES:
27 (I) TO IMPLEMENT ACID MINE DRAINAGE ABATEMENT AND
28 CLEANUP EFFORTS AND PLUG ABANDONED AND ORPHAN OIL AND GAS
29 WELLS.
30 (II) TO PROVIDE FUNDING FOR TECHNICAL ASSISTANCE AND
20050H0003B2571 - 25 -
1 FINANCIAL INCENTIVES TO FACILITATE REMINING. 2 (III) TO PROVIDE GRANTS TO A COUNTY OR OTHER 3 MUNICIPALITY, COUNCIL OF GOVERNMENTS, COUNTY CONSERVATION 4 DISTRICTS, WATERSHED ORGANIZATIONS AND OTHER AUTHORIZED 5 ORGANIZATIONS FOR ACID MINE DRAINAGE ABATEMENT, MINE 6 CLEANUP EFFORTS AND WELL PLUGGING. 7 (IV) TO PROVIDE GRANTS AND TECHNICAL ASSISTANCE TO A 8 COUNTY OR OTHER MUNICIPALITY, COUNCIL OF GOVERNMENTS, 9 COUNTY CONSERVATION DISTRICTS, WATERSHED ORGANIZATIONS 10 AND OTHER AUTHORIZED ORGANIZATIONS TO PLAN AND IMPLEMENT 11 LOCAL WATERSHED-BASED CONSERVATION EFFORTS. 12 (V) TO IMPROVE WATER-QUALITY-IMPAIRED WATERSHEDS, 13 INCLUDING THOSE POLLUTED BY PAST MINING ACTIVITIES, 14 AGRICULTURAL AND URBAN RUNOFF, ATMOSPHERIC DEPOSITION, 15 ON-LOT SEWAGE SYSTEMS AND EARTHMOVING ACTIVITIES. 16 [(VI) TO PROVIDE GRANTS FOR SAFE DRINKING WATER 17 PROJECTS AND WASTEWATER TREATMENT PROJECTS AS PROVIDED 18 FOR IN SECTION 6110 (RELATING TO ENVIRONMENTAL 19 INFRASTRUCTURE GRANTS TO WATER AND WASTEWATER TREATMENT 20 FACILITIES).] 21 (VII) FOR WATERSHED PROTECTION. 22 (2) COUNTY CONSERVATION DISTRICTS MAY FURTHER DISTRIBUTE 23 GRANTS RECEIVED UNDER THIS SECTION TO WATERSHED ORGANIZATIONS 24 AND OTHER AUTHORIZED ORGANIZATIONS TO ASSIST IN THE 25 IMPLEMENTATION OF THIS CHAPTER. 26 (3) THE DEPARTMENT OF ENVIRONMENTAL PROTECTION MAY 27 REQUIRE MATCHING FUNDS AS A CONDITION OF THE AWARD OF A GRANT 28 UNDER THIS SUBSECTION. 29 (4) FOR THE PERIOD COMMENCING WITH THE EFFECTIVE DATE OF 30 THIS CHAPTER AND ENDING JUNE 30, 2004, THE DEPARTMENT OF 20050H0003B2571 - 26 -
1 ENVIRONMENTAL PROTECTION MAY UTILIZE UP TO 10% OF THE MONEY 2 ALLOCATED ANNUALLY TO IT UNDER SECTION 6104(D) (RELATING TO 3 FUND) TO PROVIDE GRANTS FOR SAFE DRINKING WATER PROJECTS AND 4 WASTEWATER TREATMENT PROJECTS. GRANTS UNDER THIS PARAGRAPH 5 SHALL BE MADE FOR THE SAME PURPOSES AND SHALL BE SUBJECT TO 6 THE SAME LIMITATIONS AS GRANTS AUTHORIZED IN SECTION 6110. 7 * * * 8 (E) ADMINISTRATIVE EXPENSE LIMITATION.--THE DEPARTMENTS[,] 9 AND THE AUTHORITY [AND GRANT RECIPIENTS THAT RECEIVE MONEYS FROM 10 THE FUND FOR THE PURPOSES SET FORTH IN THIS SECTION] MAY NOT 11 EXPEND MORE THAN [2%] 2.5% OF THE MONEYS RECEIVED FROM THE FUND 12 ON ADMINISTRATIVE EXPENSES. THE DEPARTMENT OF ENVIRONMENTAL 13 PROTECTION MAY NOT EXPEND MORE THAN AN AGGREGATE OF 2.5% OF THE 14 MONEYS RECEIVED FROM THE FUND AND THE MONEYS DIRECTED TO THE 15 HAZARDOUS SITES CLEANUP FUND PURSUANT TO SECTION 6104(D)(4) AND 16 (5) (RELATING TO FUND) ON ADMINISTRATIVE EXPENSES. GRANT 17 RECIPIENTS THAT RECEIVE MONEYS FROM THE FUND FOR THE PURPOSES 18 SET FORTH IN THIS SECTION MAY NOT EXPEND MORE THAN 5% OF THE 19 MONEYS RECEIVED FROM THE FUND ON ADMINISTRATIVE EXPENSES. 20 * * * 21 [§ 6110. ENVIRONMENTAL INFRASTRUCTURE GRANTS TO WATER AND 22 WASTEWATER TREATMENT FACILITIES. 23 (A) SEPARATE ACCOUNT.-- 24 (1) SAVINGS REALIZED IN SECTION 6109 (RELATING TO SEWAGE 25 CONSTRUCTION PAYMENTS TO MUNICIPALITIES) SHALL BE PLACED IN 26 AN ACCOUNT WITHIN THE FUND, WHICH SHALL BE CUMULATIVE, 27 SEPARATE FROM THE ALLOCATIONS IN SECTION 6104(D) (RELATING TO 28 FUND) AND FOR EXPENDITURE BY THE DEPARTMENT OF ENVIRONMENTAL 29 PROTECTION FOR ENVIRONMENTAL INFRASTRUCTURE GRANTS TO A 30 COUNTY OR OTHER MUNICIPALITY, MUNICIPAL AUTHORITIES AND 20050H0003B2571 - 27 -
1 SCHOOL DISTRICTS FOR WATER AND WASTEWATER TREATMENT 2 FACILITIES WHICH: 3 (I) INSTALL OR IMPLEMENT NEW OR INNOVATIVE 4 TECHNOLOGIES IN THEIR OPERATIONS; 5 (II) IMPLEMENT POLLUTION PREVENTION TECHNIQUES IN 6 THEIR OPERATIONS; 7 (III) UNDERTAKE TREATMENT PROCESS MODERNIZATION OR 8 OTHER IMPROVEMENTS, INCLUDING REHABILITATION OF 9 COLLECTION AND CONVEYANCE SYSTEMS; OR 10 (IV) IMPLEMENT ODOR ABATEMENT PROGRAMS IN THEIR 11 OPERATIONS. 12 (2) A GRANT FROM THE ACCOUNT SHALL NOT BE USED FOR THE 13 CONSTRUCTION OF A NEW FACILITY. AN APPLICANT FOR FUNDING MUST 14 DISCLOSE IN THE APPLICATION IF FUNDING HAS BEEN APPLIED FOR 15 FROM BOTH THE ACCOUNT AND THE AUTHORITY. AN APPLICANT THAT 16 RECEIVES FUNDING FROM THE ACCOUNT SHALL NOT RECEIVE FUNDING 17 FROM THE AUTHORITY UNDER THIS CHAPTER FOR THE SAME PORTION OF 18 THE PROJECT OR EQUIPMENT. AN APPLICANT THAT RECEIVES FUNDING 19 FROM THE AUTHORITY UNDER THIS CHAPTER SHALL NOT RECEIVE 20 FUNDING FROM THE ACCOUNT FOR THE SAME PORTION OF THE PROJECT 21 OR EQUIPMENT. 22 (B) LIMITATION.--FUNDING UNDER THIS SECTION SHALL BE LIMITED 23 TO IMPROVEMENTS TO THE PHYSICAL OPERATION OF THE TREATMENT 24 FACILITY AND SHALL NOT BE USED FOR ADMINISTRATIVE PURPOSES OR 25 FOR MACHINERY OR EQUIPMENT PERIPHERALLY RELATED TO THE 26 OPERATION. 27 (C) FUNDING AVAILABILITY.--FUNDING SHALL BE AVAILABLE TO ALL 28 COUNTIES OR OTHER MUNICIPALITIES, MUNICIPAL AUTHORITIES AND 29 SCHOOL DISTRICTS ON THE BASIS OF COST OF THE ENVIRONMENTAL OR 30 PUBLIC HEALTH IMPROVEMENT AND NOT BASED ON DEMOGRAPHICS, PER 20050H0003B2571 - 28 -
1 CAPITA INCOME OR OTHER UNIT OF MEASURE NOT TIED TO THE COST OF 2 THE ENVIRONMENTAL IMPROVEMENT. 3 (D) CALCULATION OF FUND MONEYS.--THE ACCOUNT SHALL ANNUALLY 4 RECEIVE THE DIFFERENCE BETWEEN: 5 (1) THE AMOUNT PAID UNDER THE ACT OF AUGUST 20, 1953 6 (P.L.1217, NO.339), ENTITLED "AN ACT PROVIDING FOR PAYMENTS 7 BY THE COMMONWEALTH TO MUNICIPALITIES WHICH HAVE EXPENDED 8 MONEY TO ACQUIRE AND CONSTRUCT SEWAGE TREATMENT PLANTS IN 9 ACCORDANCE WITH THE CLEAN STREAMS PROGRAM AND THE ACT, 10 APPROVED THE TWENTY-SECOND DAY OF JUNE, ONE THOUSAND NINE 11 HUNDRED THIRTY-SEVEN (PAMPHLET LAWS 1987), AND MAKING AN 12 APPROPRIATION," IN 2001-2002; AND 13 (2) THE AMOUNT PAID UNDER SECTION 6109.] 14 § 6112. EXTENSION OF FEES. 15 (B) FEE ESTABLISHED.--EACH OPERATOR OF A MUNICIPAL WASTE 16 LANDFILL SHALL PAY, IN THE SAME MANNER PRESCRIBED IN SECTION 701 17 OF THE MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION 18 ACT, AN AMOUNT EQUAL TO 25¢ PER TON OF WEIGHTED WASTE OR 25¢ PER 19 THREE CUBIC YARDS OF VOLUME-MEASURED WASTE FOR ALL SOLID WASTE 20 RECEIVED AT THE LANDFILL. [THESE FEES] THE FEE ESTABLISHED BY 21 THIS SUBSECTION SHALL BE PAID TO THE STATE TREASURY AND 22 DEPOSITED INTO THE FUND[.] AND SHALL NOT BE SUBJECT TO THE 23 PROVISIONS OF SECTION 701(D) OF THE ACT OF JULY 28, 1988 24 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE PLANNING, 25 RECYCLING AND WASTE REDUCTION ACT. 26 SECTION 4. TITLE 27 IS AMENDED BY ADDING SECTIONS TO READ: 27 § 6115. COMMONWEALTH INDEBTEDNESS. 28 (A) BORROWING AUTHORIZED.-- 29 (1) PURSUANT TO SECTION 7(A)(3) OF ARTICLE VIII OF THE 30 CONSTITUTION OF PENNSYLVANIA AND THE ACT OF APRIL 13, 2005 20050H0003B2571 - 29 -
1 (P.L.1, NO.1), KNOWN AS THE GROWING GREENER BOND REFERENDUM, 2 THE ISSUING OFFICIALS ARE AUTHORIZED AND DIRECTED TO BORROW, 3 ON THE CREDIT OF THE COMMONWEALTH, MONEY NOT EXCEEDING IN THE 4 AGGREGATE THE SUM OF $625,000,000, IN INCREMENTS OF NOT MORE 5 THAN $210,000,000 EVERY TWO YEARS OVER A FIVE-YEAR PERIOD 6 AFTER THE EFFECTIVE DATE OF THIS CHAPTER, NOT INCLUDING MONEY 7 BORROWED TO REFUND OUTSTANDING BONDS, NOTES OR REPLACEMENT 8 NOTES AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS 9 CHAPTER. 10 (2) ALL BONDS AND NOTES ISSUED UNDER THIS CHAPTER SHALL 11 BE: 12 (I) EXEMPT FROM TAXATION FOR STATE AND LOCAL 13 PURPOSES; AND 14 (II) ELIGIBLE FOR TAX-EXEMPT BOND FUNDING STATUS 15 UNDER EXISTING FEDERAL TAX LAW. 16 (3) BORROWING AUTHORIZED UNDER PARAGRAPH (1) SHALL BE 17 CARRIED OUT IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 307 18 AND 308 OF THE ACT OF FEBRUARY 9, 1999 (P.L.1, NO.1), KNOWN 19 AS THE CAPITAL FACILITIES DEBT ENABLING ACT, INCLUDING THE 20 TERMS AND CONDITIONS OF SECTION 307(C). 21 (B) SALE OF BONDS AND NOTES.-- 22 (1) ALL SALES OF BONDS AND NOTES SHALL BE MADE IN 23 ACCORDANCE WITH THE PROVISIONS OF SECTION 309 OF THE CAPITAL 24 FACILITIES DEBT ENABLING ACT. 25 (2) THE PROCEEDS REALIZED FROM THE SALE OF BONDS AND 26 NOTES, EXCEPT REFUNDING BONDS AND REPLACEMENT NOTES UNDER 27 THIS CHAPTER, SHALL BE USED SOLELY FOR THE PURPOSES OF THIS 28 CHAPTER. THE PROCEEDS OF THE SALE OF REFUNDING BONDS AND 29 REPLACEMENT NOTES SHALL BE PAID TO THE STATE TREASURER AND 30 APPLIED TO THE PAYMENT OF PRINCIPAL, ANY ACCRUED INTEREST AND 20050H0003B2571 - 30 -
1 PREMIUM AND COST OF REDEMPTION OF THE BONDS AND NOTES FOR 2 WHICH THE OBLIGATIONS HAVE BEEN ISSUED. 3 (3) PENDING THE ALLOCATION UNDER THIS CHAPTER, MONEY 4 HELD OR DEPOSITED BY THE STATE TREASURER MAY BE INVESTED OR 5 REINVESTED AS ARE OTHER FUNDS IN THE CUSTODY OF THE STATE 6 TREASURER IN THE MANNER PROVIDED BY LAW. ALL EARNINGS 7 RECEIVED FROM THE INVESTMENT OR DEPOSIT OF THE FUNDS SHALL BE 8 USED FOR THE SAME PURPOSES AS THE PROCEEDS REALIZED FROM THE 9 SALE OF BONDS AND NOTES UNDER THIS CHAPTER. 10 (4) THE NECESSARY REGISTRY BOOK SHALL BE KEPT IN THE 11 OFFICE OF THE AUTHORIZED LOAN AND TRANSFER AGENT OF THE 12 COMMONWEALTH FOR THE REGISTRATION OF BONDS, AT THE REQUEST OF 13 OWNERS OF THE BONDS, ACCORDING TO THE TERMS AND CONDITIONS OF 14 ISSUE DIRECTED BY THE ISSUING OFFICIALS. 15 (5) THERE IS HEREBY APPROPRIATED TO THE STATE TREASURER 16 FROM THE PROCEEDS REALIZED FROM THE SALE OF BONDS AND NOTES 17 UNDER THIS CHAPTER AS MUCH MONEY AS MAY BE NECESSARY FOR ALL 18 COSTS AND EXPENSES IN CONNECTION WITH THE ISSUE AND SALE AND 19 REGISTRATION OF THE BONDS AND NOTES IN CONNECTION WITH THIS 20 CHAPTER AND THE PAYMENT OF INTEREST ARBITRAGE REBATES. 21 (C) TEMPORARY FINANCING AUTHORIZATION.-- 22 (1) PENDING THE ISSUANCE OF BONDS OF THE COMMONWEALTH AS 23 AUTHORIZED, THE ISSUING OFFICIALS ARE AUTHORIZED, IN 24 ACCORDANCE WITH THIS CHAPTER AND ON THE CREDIT OF THE 25 COMMONWEALTH, TO MAKE TEMPORARY BORROWINGS NOT TO EXCEED ONE 26 YEAR IN ANTICIPATION OF THE ISSUE OF BONDS IN ORDER TO 27 PROVIDE FUNDS IN AMOUNTS AS DEEMED ADVISABLE PRIOR TO THE 28 ISSUE OF BONDS. IN ORDER TO PROVIDE FOR AND IN CONNECTION 29 WITH ANY TEMPORARY BORROWING, THE ISSUING OFFICIALS ARE 30 AUTHORIZED IN THE NAME AND ON BEHALF OF THE COMMONWEALTH TO 20050H0003B2571 - 31 -
1 ENTER INTO PURCHASE, LOAN OR CREDIT AGREEMENTS OR OTHER 2 AGREEMENTS WITH ANY BANK OR TRUST COMPANY, OTHER LENDING 3 INSTITUTION, INVESTMENT BANKING FIRM OR PERSON IN THE UNITED 4 STATES HAVING POWER TO ENTER INTO THE AGREEMENT. THE 5 AGREEMENTS MAY CONTAIN PROVISIONS NOT INCONSISTENT WITH THIS 6 CHAPTER AS AUTHORIZED BY THE ISSUING OFFICIALS. 7 (2) TEMPORARY BORROWINGS MADE UNDER THIS SUBSECTION 8 SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 9 306(B), (C) AND (D) OF THE CAPITAL FACILITIES DEBT ENABLING 10 ACT. 11 (3) OUTSTANDING NOTES EVIDENCING THE BORROWINGS MAY BE 12 FUNDED AND RETIRED BY THE ISSUANCE AND SALE OF THE BONDS OF 13 THE COMMONWEALTH AS AUTHORIZED IN THIS PARAGRAPH. THE 14 REFUNDING BONDS SHALL BE ISSUED AND SOLD NOT LATER THAN A 15 DATE ONE YEAR AFTER THE DATE OF ISSUANCE OF THE FIRST NOTES 16 EVIDENCING THE BORROWING TO THE EXTENT THAT PAYMENT OF THE 17 NOTES HAS NOT OTHERWISE BEEN MADE OR PROVIDED FOR BY SOURCES 18 OTHER THAN PROCEEDS OF REPLACEMENT NOTES. 19 (4) THE PROCEEDS OF ALL TEMPORARY BORROWING SHALL BE 20 PAID TO THE STATE TREASURER TO BE HELD AND DISPOSED OF IN 21 ACCORDANCE WITH THIS CHAPTER. 22 (D) DEBT RETIREMENT.-- 23 (1) ALL BONDS ISSUED UNDER THIS CHAPTER SHALL BE 24 REDEEMED AT MATURITY, TOGETHER WITH ALL INTEREST DUE. 25 PRINCIPAL AND INTEREST PAYMENTS SHALL BE PAID AS PROVIDED IN 26 THIS CHAPTER. 27 (2) BY NOVEMBER 1 OF EACH YEAR, THE STATE TREASURER 28 SHALL DETERMINE AND REPORT THE FOLLOWING TO THE SECRETARY OF 29 THE BUDGET: 30 (I) THE AMOUNT OF MONEY NECESSARY FOR THE PAYMENT OF 20050H0003B2571 - 32 -
1 INTEREST ON THE OUTSTANDING OBLIGATIONS. 2 (II) THE PRINCIPAL OF THE OBLIGATION FOR THE 3 FOLLOWING FISCAL YEAR. 4 (III) THE TIMES AND AMOUNTS OF THE PAYMENTS. 5 (3) THE GOVERNOR SHALL INCLUDE IN EACH ANNUAL BUDGET 6 SUBMITTED TO THE GENERAL ASSEMBLY COMPLETE INFORMATION 7 RELATING TO: 8 (I) THE ISSUANCE OF BONDS AND NOTES UNDER THIS 9 CHAPTER. 10 (II) THE STATUS OF THE FUND CREATED UNDER THIS 11 CHAPTER. 12 (III) THE PAYMENT OF PRINCIPAL OF AND INTEREST ON 13 THE BONDS AND NOTES AT MATURITY. 14 (4) THE SECRETARY OF THE BUDGET, UPON APPROVAL BY THE 15 GOVERNOR, SHALL UTILIZE UP TO $60,000,000 OF THE MONEYS IN 16 THE FUND ON AN ANNUAL BASIS FOR PAYMENT OF PRINCIPLE AND 17 INTEREST FOR DEBT SERVICE ON BONDS ISSUED PURSUANT TO THIS 18 SECTION AND ANY OTHER DEBT INCURRED BY THE COMMONWEALTH FOR 19 PROJECTS ELIGIBLE FOR FUNDING UNDER THIS CHAPTER. 20 (E) REFUNDING.--THE ISSUING OFFICIALS MAY BY RESOLUTION 21 ISSUE REFUNDING BONDS FOR THE PURPOSE OF REFUNDING ANY 22 OUTSTANDING DEBT ISSUED UNDER THIS CHAPTER, EITHER BY VOLUNTARY 23 EXCHANGE WITH THE HOLDERS OF THE OUTSTANDING DEBT OR TO PROVIDE 24 FUNDS TO REDEEM AND RETIRE THE OUTSTANDING DEBT WITH ACCRUED 25 INTEREST, AND PREMIUM PAYABLE THEREON, AND TO PAY THE COSTS OF 26 ISSUANCE AND RETIREMENT OF THE DEBT, AT MATURITY OR AT ANY CALL 27 DATE. THE ISSUANCE OF THE REFUNDING BONDS, THE MATURITIES AND 28 OTHER DETAILS, THE RIGHTS OF THE HOLDERS THEREOF AND THE DUTIES 29 OF THE ISSUING OFFICIALS IN RESPECT THERETO SHALL BE GOVERNED BY 30 THE PROVISIONS OF THIS SUBSECTION, AS APPLICABLE. REFUNDING 20050H0003B2571 - 33 -
1 BONDS MAY BE ISSUED BY THE ISSUING OFFICIALS TO REFUND DEBT 2 ORIGINALLY ISSUED OR TO REFUND BONDS PREVIOUSLY ISSUED FOR 3 REFUNDING PURPOSES. 4 (F) PROCEEDS RESTRICTED.--THE PROCEEDS FROM THE SALE OF 5 BONDS UNDER THIS SECTION SHALL ONLY BE USED TO FUND CAPITAL 6 IMPROVEMENT PROJECTS UNDER SECTIONS 6116 (RELATING TO 7 ESTABLISHMENT OF BOND FUND AND ALLOCATION AND USE OF BOND 8 PROCEEDS) AND 6117 (RELATING TO COUNTY ENVIRONMENTAL INITIATIVE 9 PROGRAM) AND SHALL NOT BE USED FOR SALARIES AND OTHER 10 ADMINISTRATIVE COSTS OR EXPENSES. 11 (G) PROHIBITION.--NO PROJECT SHALL BE FUNDED BY THE PROCEEDS 12 OF THE OBLIGATIONS INCURRED UNDER THIS SECTION IF THE PROJECT 13 WOULD CAUSE THE BONDS TO LOSE THEIR FEDERAL TAX-EXEMPT STATUS 14 UNDER THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 15 U.S.C. § 1 ET SEQ.). 16 (H) DEFINITION.--AS USED IN THIS SECTION, THE TERM "CAPITAL 17 IMPROVEMENT PROJECT" OR "PROJECT" MEANS A PROJECT ELIGIBLE FOR 18 TAX-EXEMPT FINANCING UNDER THE INTERNAL REVENUE CODE OF 1986. 19 § 6116. ESTABLISHMENT OF BOND FUND AND ALLOCATION AND USE OF 20 BOND PROCEEDS. 21 (A) ESTABLISHMENT OF BOND FUND.--THERE IS HEREBY ESTABLISHED 22 A SPECIAL FUND IN THE STATE TREASURY, TO BE KNOWN AS THE GROWING 23 GREENER BOND FUND. PRIOR TO ALLOCATION, MONEYS IN THE BOND FUND 24 MAY BE INVESTED OR REINVESTED AS ARE OTHER FUNDS IN THE CUSTODY 25 OF THE STATE TREASURER IN A MANNER PROVIDED BY LAW. THE 26 FOLLOWING AMOUNTS SHALL BE DEPOSITED BY THE TREASURY DEPARTMENT 27 INTO THE BOND FUND: 28 (1) FUNDS BORROWED UNDER SECTION 6115(A) (RELATING TO 29 COMMONWEALTH INDEBTEDNESS) FOR USE AS PRESCRIBED IN THIS 30 CHAPTER. 20050H0003B2571 - 34 -
1 (2) EARNINGS DERIVED FROM THE INVESTMENT OF THE MONEY IN 2 THE BOND FUND AFTER DEDUCTION OF INVESTMENT EXPENSES. 3 (3) ANY OTHER MONEY APPROPRIATED TO THE BOND FUND. 4 (B) PLAN.--AN ANNUAL ALLOCATION PLAN FOR THE BOND FUND SHALL 5 BE SUBMITTED BY THE GOVERNOR TO THE GENERAL ASSEMBLY AS PART OF 6 THE GOVERNOR'S ANNUAL BUDGET. THE ALLOCATION PLAN SHALL BE OPEN 7 FOR REVIEW AND COMMENT BY THE MEMBERS OF THE GENERAL ASSEMBLY 8 AND SHALL INCLUDE A DETAILED LISTING OF THE TYPES OF PROGRAMS TO 9 BE FUNDED FOR THE FISCAL YEAR. THE GENERAL ASSEMBLY MAY REVIEW 10 AND PROVIDE COMMENT ON THE ALLOCATION PLAN. 11 (C) ALLOCATION AND USE OF FUNDS.--MONEYS IN THE BOND FUND 12 SHALL BE ALLOCATED AND USED AS FOLLOWS: 13 (1) THE AMOUNT OF $230,000,000 TO THE DEPARTMENT OF 14 ENVIRONMENTAL PROTECTION FOR ITS EXISTING PROGRAMS FOR 15 WATERSHED PROTECTION, MINE AND ACID MINE DRAINAGE 16 REMEDIATION, PLUGGING OF ABANDONED OIL AND GAS WELLS, 17 ADVANCED ENERGY PROJECTS AS AUTHORIZED IN SUBPARAGRAPH (I), 18 FLOOD PROTECTION, GEOLOGICAL HAZARDS AND BROWNFIELDS 19 REMEDIATION. AT LEAST $60,000,000 SHALL BE USED FOR ACID MINE 20 DRAINAGE ABATEMENT AND MINE CLEANUP EFFORTS. THE DEPARTMENT 21 OF ENVIRONMENTAL PROTECTION IS AUTHORIZED TO MAKE PORTIONS OF 22 THESE MONEYS AVAILABLE TO THE FOLLOWING COMMONWEALTH AGENCIES 23 AND AUTHORITIES FOR THE PURPOSES DESIGNATED: 24 (I) UP TO $10,000,000 ANNUALLY TO THE ENERGY 25 DEVELOPMENT AUTHORITY FOR ADVANCED ENERGY PROJECTS; AND 26 (II) UP TO $5,000,000 ANNUALLY TO THE DEPARTMENT OF 27 COMMUNITY AND ECONOMIC DEVELOPMENT FOR BROWNFIELDS 28 REMEDIATION. 29 (2) THE AMOUNT OF $217,500,000 TO THE DEPARTMENT OF 30 CONSERVATION AND NATURAL RESOURCES FOR ITS EXISTING PROGRAMS 20050H0003B2571 - 35 -
1 FOR THE IMPROVEMENT OF STATE PARKS AND STATE FORESTS, 2 COMMUNITY PARK AND RECREATION GRANTS AND OPEN SPACE 3 PRESERVATION. NOT LESS THAN $100,000,000 OF THESE MONEYS 4 SHALL BE USED FOR FACILITY AND INFRASTRUCTURE IMPROVEMENTS TO 5 STATE PARKS AND STATE FORESTS, AND $90,000,000 OF THESE 6 MONEYS SHALL BE USED FOR OPEN SPACE CONSERVATION. EXCEPT FOR 7 INTERIOR LANDS OF EXISTING STATE PARK OR STATE FOREST LANDS, 8 FUNDS UNDER THIS SUBSECTION SHALL NOT BE USED FOR ACQUISITION 9 OF ADDITIONAL STATE PARK OR STATE FOREST LANDS WITHOUT THE 10 APPROVAL OF THE BOARD OF COMMISSIONERS IN THE COUNTY WHERE 11 THE ACQUISITION IS SITUATED. 12 (3) THE AMOUNT OF $80,000,000 TO THE DEPARTMENT OF 13 AGRICULTURE FOR ITS EXISTING COUNTY-BASED FARMLAND 14 PRESERVATION PROGRAMS. 15 (4) NOT MORE THAN $50,000,000 TO THE DEPARTMENT OF 16 COMMUNITY AND ECONOMIC DEVELOPMENT FOR MAIN STREET AND 17 DOWNTOWN REDEVELOPMENT RELATED TO SMART GROWTH, INCLUDING 18 IMPROVEMENTS TO EXISTING WATER AND WASTEWATER INFRASTRUCTURE. 19 (5) THE AMOUNT OF $27,500,000 TO THE PENNSYLVANIA FISH 20 AND BOAT COMMISSION FOR CAPITAL IMPROVEMENT PROJECTS TO ITS 21 EXISTING LANDS AND FACILITIES. THE EXECUTIVE DIRECTOR OF THE 22 PENNSYLVANIA FISH AND BOAT COMMISSION SHALL, NO LATER THAN 23 JUNE 30 OF EACH YEAR, PROVIDE AN ANNUAL ALLOCATION PLAN 24 DETAILING THE PROJECTS TO BE FUNDED UNDER THIS PARAGRAPH, THE 25 AMOUNT OF EACH PROJECT AND THE ANTICIPATED ENVIRONMENTAL 26 BENEFIT OF THE PROJECT TO THE CHAIRMAN AND MINORITY CHAIRMAN 27 OF THE GAME AND FISHERIES COMMITTEE OF THE SENATE AND THE 28 CHAIRMAN AND MINORITY CHAIRMAN OF THE GAME AND FISHERIES 29 COMMITTEE OF THE HOUSE OF REPRESENTATIVES. 30 (6) THE AMOUNT OF $20,000,000 TO THE PENNSYLVANIA GAME 20050H0003B2571 - 36 -
1 COMMISSION FOR CAPITAL IMPROVEMENT PROJECTS TO ITS EXISTING 2 LANDS AND FACILITIES. THE EXECUTIVE DIRECTOR OF THE 3 PENNSYLVANIA GAME COMMISSION SHALL, NO LATER THAN JUNE 30 OF 4 EACH YEAR, PROVIDE AN ANNUAL ALLOCATION PLAN DETAILING THE 5 PROJECTS TO BE FUNDED UNDER THIS PARAGRAPH, THE AMOUNT OF 6 EACH PROJECT AND THE ANTICIPATED ENVIRONMENTAL BENEFIT OF THE 7 PROJECT TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE GAME AND 8 FISHERIES COMMITTEE OF THE SENATE AND THE CHAIRMAN AND 9 MINORITY CHAIRMAN OF THE GAME AND FISHERIES COMMITTEE OF THE 10 HOUSE OF REPRESENTATIVES. FUNDS UNDER THIS PARAGRAPH SHALL 11 NOT BE USED FOR LAND ACQUISITION. 12 (D) DEFINITION.--AS USED IN THIS SECTION, THE TERM "CAPITAL 13 IMPROVEMENT PROJECT" OR "PROJECT" MEANS A PROJECT ELIGIBLE FOR 14 TAX-EXEMPT FINANCING UNDER THE INTERNAL REVENUE CODE OF 1986 15 (PUBLIC LAW 99-514, 26 U.S.C. § 1 ET SEQ.). 16 § 6117. COUNTY ENVIRONMENTAL INITIATIVE PROGRAM. 17 (A) ESTABLISHMENT.--THERE IS ESTABLISHED THE COUNTY 18 ENVIRONMENTAL INITIATIVE PROGRAM. FROM WITHIN THE AMOUNTS 19 ALLOCATED IN SECTION 6116(C)(1), (2), (3) AND (4) (RELATING TO 20 ESTABLISHMENT OF BOND FUND AND ALLOCATION AND USE OF BOND 21 PROCEEDS), $90,000,000 SHALL BE AVAILABLE FOR CAPITAL 22 IMPROVEMENT PROJECTS DESIGNATED BY COUNTIES AS SET FORTH IN THIS 23 SECTION. 24 (B) AMOUNT OF FUNDING.--EACH COUNTY SHALL BE PROVIDED WITH 25 AN ANNUAL FUNDING AMOUNT ACCORDING TO ITS CLASS AS DESIGNATED BY 26 THE LAWS OF THIS COMMONWEALTH. AMOUNTS SHALL BE ANNUALLY 27 DETERMINED BY THE SECRETARY OF THE BUDGET, WHO SHALL NOTIFY THE 28 COUNTIES OF THE SAME ON OR BEFORE OCTOBER 1 OF EACH YEAR. WITHIN 29 THE FIRST SIX FISCAL YEARS AFTER THE EFFECTIVE DATE OF THIS 30 SECTION, EACH COUNTY SHALL RECEIVE THE FOLLOWING AMOUNTS: 20050H0003B2571 - 37 -
1 (1) COUNTIES OF THE FIRST, SECOND AND SECOND-A CLASS - 2 $2,700,000. 3 (2) COUNTIES OF THE THIRD CLASS - $1,750,000. 4 (3) COUNTIES OF THE FOURTH AND FIFTH CLASS - $1,390,000. 5 (4) COUNTIES OF THE SIXTH, SEVENTH AND EIGHTH CLASS - 6 $1,000,000. 7 (C) CAPITAL IMPROVEMENT PROJECT DESIGNATION.--EACH COUNTY, 8 IN CONSULTATION WITH THE COUNTY CONSERVATION DISTRICT WHERE ONE 9 EXISTS, SHALL ANNUALLY BE PERMITTED TO DESIGNATE CAPITAL 10 IMPROVEMENT PROJECTS THAT ARE ELIGIBLE TO BE FUNDED UNDER 11 SECTION 6116 UP TO ITS FUNDING AMOUNT ESTABLISHED PURSUANT TO 12 SUBSECTION (B). IF A COUNTY'S PROPOSED PROJECT COMPLIES WITH ALL 13 LAWS, REGULATIONS AND PROCEDURES THAT APPLY TO THE PROGRAM 14 CATEGORY FOR WHICH FUNDING IS DESIGNATED, THE APPLICABLE 15 DEPARTMENT RECEIVING AN ALLOCATION UNDER SECTION 6116 SHALL FUND 16 THE PROJECT. THE APPLICABLE DEPARTMENT SHALL CONSIDER A COUNTY'S 17 RECURRING ENVIRONMENTAL AND CONSERVATION FUNDING LEVELS TO 18 ENSURE THE PROJECT SUPPLEMENTS EXISTING EFFORTS. 19 (D) APPLICATION OF FUNDING.--FUNDING PROVIDED TO CAPITAL 20 IMPROVEMENT PROJECTS UNDER THIS SECTION SHALL BE APPLIED AGAINST 21 THE TOTAL ALLOCATIONS MADE TO THE DEPARTMENTS UNDER SECTION 22 6116(C)(1), (2), (3) AND (4). DESIGNATION OF A CAPITAL 23 IMPROVEMENT PROJECT BY A COUNTY UNDER THIS SECTION SHALL NOT 24 OBLIGATE A DEPARTMENT TO PROVIDE FUNDS TO THE PROJECT IN EXCESS 25 OF THE AMOUNT OF COUNTY ENVIRONMENTAL INITIATIVE FUNDS SO 26 ALLOCATED. 27 (E) REALLOCATION.--IF A COUNTY FAILS TO DESIGNATE CAPITAL 28 IMPROVEMENT PROJECTS THAT WILL USE THE ENTIRETY OF ITS FUNDING 29 AMOUNT FOR A FISCAL YEAR, THE DEPARTMENT SHALL ALLOCATE THE 30 REMAINING FUNDS TO OTHER ELIGIBLE PROJECTS. 20050H0003B2571 - 38 -
1 (F) DEFINITION.--AS USED IN THIS SECTION, THE TERM "CAPITAL 2 IMPROVEMENT PROJECT" OR "PROJECT" MEANS A PROJECT ELIGIBLE FOR 3 TAX-EXEMPT FINANCING UNDER THE INTERNAL REVENUE CODE OF 1986 4 (PUBLIC LAW 99-514, 26 U.S.C. § 1 ET SEQ.). 5 § 6118. INTERFUND TRANSFER. 6 (A) TRANSFER.--THE SECRETARY OF THE BUDGET, IN HIS 7 DISCRETION, MAY ANNUALLY TRANSFER FUNDS FROM THE ALTERNATIVE 8 FUELS INCENTIVE FUND TO THE FUND IN SUCH AMOUNTS AS WILL ALLOW 9 THE FUND TO CONTINUE TO DISTRIBUTE MONEYS TO THE DEPARTMENTS AND 10 THE AUTHORITY AT HISTORIC LEVELS. 11 (B) AMOUNT.--IN DETERMINING THE AMOUNT TO BE TRANSFERRED 12 UNDER SUBSECTION (A), THE SECRETARY OF THE BUDGET SHALL ASSURE 13 THAT SUFFICIENT FUNDS REMAIN IN THE ALTERNATIVE FUELS INCENTIVE 14 FUND SO THAT IMPLEMENTATION OF THE ALTERNATIVE FUELS INCENTIVE 15 PROGRAM, AS ESTABLISHED IN THE ACT OF NOVEMBER 29, 2004 16 (P.L.1376, NO.178), KNOWN AS THE ALTERNATIVE FUELS INCENTIVE 17 ACT, SHALL NOT BE AFFECTED. 18 § 6119. REPORTING. 19 (A) STATE DEPARTMENTS AND AGENCIES.--EVERY STATE DEPARTMENT 20 AND AGENCY RECEIVING FUNDS UNDER THIS CHAPTER SHALL PUBLISH A 21 REPORT OF ALL PROJECTS FUNDED ON THE DEPARTMENT OR AGENCY'S 22 PUBLICLY ACCESSIBLE INTERNET WEBSITE AT LEAST ANNUALLY. 23 (B) COUNTIES.--EVERY COUNTY DESIGNATING CAPITAL IMPROVEMENT 24 PROJECTS UNDER SECTION 6117 (RELATING TO COUNTY ENVIRONMENTAL 25 INITIATIVE PROGRAM) SHALL PUBLISH A REPORT OF ALL PROJECTS 26 FUNDED ON THE COUNTY'S PUBLICLY ACCESSIBLE INTERNET WEBSITE AT 27 LEAST ANNUALLY. 28 SECTION 5. SECTIONS 6301 AND 6304 OF TITLE 27 ARE AMENDED TO 29 READ: 30 § 6301. DISPOSAL FEE FOR MUNICIPAL WASTE LANDFILLS. 20050H0003B2571 - 39 -
1 (A) IMPOSITION.--EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION 2 (B), EACH OPERATOR OF A MUNICIPAL WASTE LANDFILL SHALL PAY, IN 3 THE SAME MANNER PRESCRIBED IN CHAPTER 7 OF THE ACT OF JULY 27, 4 1988 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE PLANNING, 5 RECYCLING AND WASTE REDUCTION ACT, A DISPOSAL FEE OF $4 PER TON 6 FOR ALL SOLID WASTE DISPOSED OF AT THE MUNICIPAL WASTE LANDFILL. 7 THE FEE ESTABLISHED IN THIS SECTION SHALL APPLY TO PROCESS 8 RESIDUE AND NONPROCESSIBLE WASTE FROM A RESOURCE RECOVERY 9 FACILITY THAT IS DISPOSED OF AT THE MUNICIPAL WASTE LANDFILL AND 10 IS IN ADDITION TO THE FEE ESTABLISHED IN SECTION 701 OF THE 11 MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT. THE 12 FEE ESTABLISHED BY THIS SUBSECTION SHALL NOT BE SUBJECT TO THE 13 PROVISIONS OF SECTION 701(D) OF THE MUNICIPAL WASTE PLANNING, 14 RECYCLING AND WASTE REDUCTION ACT. 15 (B) EXCEPTIONS.--THE FEE ESTABLISHED UNDER THIS SECTION 16 SHALL NOT APPLY TO THE FOLLOWING: 17 (1) PROCESS RESIDUE AND NONPROCESSIBLE WASTE THAT IS 18 PERMITTED FOR BENEFICIAL USE OR FOR USE AS ALTERNATE DAILY 19 COVER AT A MUNICIPAL WASTE LANDFILL. 20 (2) SOLID WASTE FROM A HAZARDOUS WASTE TREATMENT 21 FACILITY THAT IS CONVERTED INTO NONHAZARDOUS WASTE AND 22 DISPOSED OF AT A MUNICIPAL WASTE LANDFILL. 23 (C) OPERATOR.--FOR PURPOSES OF IMPOSITION OF THE DISPOSAL 24 FEE UNDER THIS SECTION, THE TERM "OPERATOR" SHALL BE DEFINED 25 CONSISTENT WITH THE DEFINITION OF "OPERATOR" IN THE MUNICIPAL 26 WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT AND SHALL 27 INCLUDE MUNICIPALITIES OR MUNICIPAL AUTHORITIES THAT OPERATE 28 DISPOSAL FACILITIES. 29 [§ 6304. SUNSET. 30 NO FEE OR SURCHARGE SHALL BE IMPOSED UNDER THIS CHAPTER ON 20050H0003B2571 - 40 -
1 AND AFTER JULY 1, 2012.] 2 SECTION 6. REPEALS ARE AS FOLLOWS: 3 (1) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL UNDER 4 PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THE AMENDMENT OR 5 ADDITION OF THE FOLLOWING PROVISIONS: 6 (I) 27 PA.C.S. § 6103. 7 (II) 27 PA.C.S. § 6104(D), (D.1), (D.2) AND (D.3). 8 (III) 27 PA.C.S § 6105(A), (B) AND (E). 9 (IV) 27 PA.C.S. § 6110. 10 (V) 27 PA.C.S. § 6112. 11 (VI) 27 PA.C.S. § 6115. 12 (VII) 27 PA.C.S. § 6116. 13 (VIII) 27 PA.C.S. § 6117. 14 (IX) 27 PA.C.S. § 6118. 15 (X) 27 PA.C.S. § 6119. 16 (XI) 27 PA.C.S. § 6301. 17 (XII) 27 PA.C.S. § 6304. 18 (2) SECTION 602.3(A.1) OF THE ACT OF MARCH 4, 1971 19 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, IS 20 REPEALED. 21 SECTION 7. THE AMENDMENT OF 27 PA.C.S. § 6301 SHALL BE 22 RETROACTIVE TO JULY 9, 2002. 23 SECTION 8. THE AMENDMENT OF 27 PA.C.S. § 6301 SHALL BE 24 CONSIDERED AS A CODIFICATION OF THE LAW THEN IN EFFECT. 25 SECTION 9. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. B2L27RLE/20050H0003B2571 - 41 -