PRINTER'S NO. 2858
No. 2039 Session of 2007
INTRODUCED BY MILNE, HARPER, ADOLPH, ARGALL, BAKER, BEYER,
CLYMER, DALLY, FLECK, GINGRICH, HARHART, HENNESSEY, HERSHEY,
KILLION, MACKERETH, McGEEHAN, McILHATTAN, MENSCH, R. MILLER,
MURT, MYERS, O'NEILL, PICKETT, QUINN, RAYMOND, ROSS, RUBLEY,
SAYLOR, SCHRODER, SEIP, SIPTROTH, SONNEY, STEIL, STERN,
SWANGER, J. TAYLOR, WATSON AND YOUNGBLOOD, NOVEMBER 15, 2007
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
NOVEMBER 15, 2007
AN ACT
1 Reestablishing and continuing the Hazardous Sites Cleanup Fund;
2 providing for funding and expenditures from the fund; and
3 repealing provisions of the Tax Reform Code of 1971 relating
4 to the fund.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Hazardous
9 Sites Cleanup Fund Continuation and Funding Act.
10 Section 2. Hazardous Sites Cleanup Fund.
11 (a) General Fund.--The Hazardous Sites Cleanup Fund is
12 hereby reestablished and continued as a special fund in the
13 State Treasury.
14 (b) Administrative expense limitation.--The Department of
15 Environmental Protection may not expend more than 2.5% of the
16 moneys of the fund on administrative expenses.
1 Section 3. Transfers to Hazardous Sites Cleanup Fund.
2 (a) State Stores Fund.--The Secretary of the Budget shall
3 during fiscal year 2007-2008, transfer an amount equal to
4 $15,000,000 from the State Stores Fund to the Hazardous Sites
5 Cleanup Fund.
6 (b) Portion of General Fund surplus.--For the fiscal year
7 beginning July 1, 2008, upon certification by the Secretary of
8 the Budget of surplus moneys and upon transfer of moneys to the
9 Budget Stabilization Reserve Fund under section 1702-A(b)(1)(i)
10 of the act of April 9, 1929 (P.L.343, No.176), known as The
11 Fiscal Code, 5% of the surplus moneys or at least an amount
12 equal to $40,000,000 whichever amount is greater, shall be
13 transferred from the General Fund to the Hazardous Sites Cleanup
14 Fund.
15 (c) Other transfers.--For the fiscal year beginning July 1,
16 2009, and each year thereafter, an amount equal to the
17 difference between the existing balance in the Hazardous Sites
18 Cleanup Fund as of July 1 of that fiscal year and the sum of
19 $40,000,000 shall be transferred from the General Fund to the
20 Hazardous Sites Cleanup Fund.
21 (d) Appropriated funds.--The General Assembly may at any
22 time transfer additional amounts from any funds available to
23 this Commonwealth pursuant to an appropriation to the Hazardous
24 Sites Cleanup Fund.
25 Section 4. Appropriation.
26 Moneys deposited in the Hazardous Sites Cleanup Fund are
27 hereby appropriated upon authorization of the Governor for
28 expenditures by the Department of Environmental Protection for
29 the purposes enumerated in section 902(a) of the act of October
30 18, 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup
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1 Act.
2 Section 5. Continuation provisions.
3 This act is a continuation of the Hazardous Sites Cleanup
4 Fund created pursuant to former section 602.3 of the act of
5 March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
6 1971. All assets and obligations of the Hazardous Sites Cleanup
7 Fund on the effective date of this section shall remain in and
8 of the fund.
9 Section 6. Repeals.
10 (a) Intent.--The General Assembly declares that the repeals
11 under subsections (b) and (c) are necessary to effectuate the
12 purpose of this act.
13 (b) Absolute.--Section 602.3 of the act of March 4, 1971
14 (P.L.6, No.2), known as the Tax Reform Code of 1971, is
15 repealed.
16 (c) Inconsistent.--The provisions of the act of October 18,
17 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup
18 Act, are repealed to the extent of any inconsistency with this
19 act.
20 Section 7. Effective date.
21 This act shall take effect immediately.
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