THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY EACHUS, CARROLL, REICHLEY, MANN, STURLA, YOUNGBLOOD, PAYTON, GEORGE, D. COSTA, DALEY, HARKINS, JOSEPHS, MILNE, M. O'BRIEN, PASHINSKI, PYLE, SIPTROTH, BRADFORD, WHITE, BRIGGS, CALTAGIRONE, McILVAINE SMITH, HANNA AND STABACK, JUNE 30, 2009

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 30, 2009  

AN ACT

Amending the act of July 9, 2008 (P.L.908, No.63), entitled "An

act providing for the allocation of money in the Pennsylvania

Gaming Economic Development and Tourism Fund and for funding

of water or sewer projects, storm water projects, flood

control projects and high hazard unsafe dam projects," in

allocation of funds, providing for certification of funds and

for request for appropriation; and in water or sewer, storm

water, flood control and high hazard unsafe dam projects,

further providing for Commonwealth Financing Authority and

for review by agencies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of July 9, 2008 (P.L.908, No.63), known

as the H2O PA Act, is amended by adding sections to read:

Section 302.  Certification of funds.

On or before January 1 of each year, the Secretary of the

Budget shall certify to the authority and the State Treasurer

the amount of funds available for transfer under the provisions

of section 301 for the next fiscal year.

Section 303.  Request for appropriation.

If inadequate funds are available under the act of July 25,

2007 (P.L.342, No.53), known as the Pennsylvania Gaming Economic

Development and Tourism Fund Capital Budget Itemization Act of

2007, to pay all the costs related to indebtedness incurred to

fund projects under this act, the Secretary of the Budget on

behalf of the Commonwealth Financing Authority shall seek an

appropriation from the General Fund to fully pay the costs.

Section 2.  Sections 501(d) and 503(c) of the act are amended

to read:

Section 501.  Commonwealth Financing Authority.

* * *

(d)  Making of grants.--Grants shall be made as follows:

(1)  A minimum of [$100,000,000] $85,000,000 shall be

awarded to flood control projects.

(2)  A minimum of [$35,000,000] $50,000,000 shall be

awarded to high hazard unsafe dam projects. No more than

$20,000,000 may go to an eligible applicant that is the

Commonwealth or an independent agency.

* * *

Section 503.  Review by agencies.

* * *

(c)  High hazard unsafe dams.--The department shall review

all applications for grants under section 502(a)(3)[.] subject

to the following provisions:

(1)  The review shall include an analysis of the

following:

(i)  The level of hazard posed by the dam.

(ii)  Whether the proposed project represents the

most cost-effective way to address the hazard.

(2)  To be eligible, the owner of the high hazard unsafe

dam shall:

(i)  Obtain all applicable permits required under the

act of November 26, 1978 (P.L.1375, No.325), known as the

Dam Safety and Encroachments Act.

(ii)  Develop an emergency action plan as required by

section 5(a)(4) of the Dam Safety and Encroachments Act

and distribute the plan to affected county and municipal

emergency management officials.

(iii)  Comply with all inspection requirements and

submit inspection reports to the department as required

by law.

(3)  Notwithstanding any other provision of this act to

the contrary, a not-for-profit organization that owns a high

hazard unsafe dam and has filed with the authority an

application for a grant under section 502(a)(3) prior to the

effective date of this paragraph shall be an eligible

applicant for a grant under section 502(a)(3).

Section 3.  This act shall take effect in 60 days.