PRINTER'S NO. 3631

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2114

Session of

2015

INTRODUCED BY STURLA, EVERETT, HANNA, FRANKEL, THOMAS, O'BRIEN,

COHEN, ROZZI, McNEILL, McCARTER, YOUNGBLOOD AND PASHINSKI,

JUNE 27, 2016

indebtedness for water-related environmental initiatives.

Chapter 1. Preliminary Provisions

Section 101. Short title.

Section 102. Definitions.

Section 103. Scope.

Chapter 3. Water Resource Protection

Section 301. Registration.

Section 302. Water resource fee.

Section 303. Distribution of water resource fees.

Chapter 7. Miscellaneous Provisions

Section 701. Regulations.

Section 702. Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

Section 101. Short title.

This act shall be known and may be cited as the Pennsylvania

Water Resource Act.

"Department." The Department of Environmental Protection of

the Commonwealth.

"Extraordinary water user." A person that withdraws more

than 10,000 gallons of water a day from the waters of this

Commonwealth for the purpose of for-profit business. The term

does not include withdrawals made by a community water system or

a noncommunity water system regulated by the department under

the act of May 1, 1984 (P.L.206, No.43), known as the

Pennsylvania Safe Drinking Water Act.

"Groundwater or surface water source." A river, stream,

"Watersheds." The Delaware, Erie, Ohio, Potomac, Susquehanna

and Genesee watersheds.

"Withdraw" or "withdrawal." The removal, diversion or taking

of water from a groundwater or surface water source.

Section 103. Scope.

CHAPTER 3

WATER RESOURCE PROTECTION

Section 301. Registration.

(a) General rule.--No extraordinary water user may withdraw

water from any groundwater or surface water source for a

nonagricultural or nonmunicipal purpose without filing a

registration document with the department.

(b) Registration document.--The registration document shall

be submitted on a form prepared by the department and shall set

forth all of the following:

(1) The name and mailing address of the applicant.

(6) The location and description of the water well,

canal, tunnel or piping and other works or equipment through

which the water is to be withdrawn.

(7) The amount, in gallons, of water withdrawn on an

average day of operation during the preceding year and the

withdrawn.

(8) The total amount, in gallons, of water estimated to

be withdrawn and the periods of time when the withdrawal is

scheduled during the current year.

(9) The location, means and expected condition of any

water returned to the waterways of this Commonwealth.

Section 302. Water resource fee.

(a) Fee.--An extraordinary water user shall pay to the

Commonwealth the following fees:

(1) for water withdrawn and subsequently returned to the

water source, a water resource fee of $0.0001 per gallon for

water withdrawals greater than 10,000 gallons per day for

nonagricultural or nonmunicipal purposes; and

apply:

(1) for those extraordinary water users that measure

water use by meter, the difference between the values of

daily withdrawn water and daily returned water shall be

reported as the amount consumed; and

(2) for those extraordinary water users that do not

measure metered withdrawn and returned water, or due to

evaporation or method of use find it impossible to accurately

measure water consumed, the amount consumed shall be based on

the department's consumptive use coefficients. The department

to this paragraph and shall develop coefficients for those

users.

(c) Coordination with other fees.--The fees, if any, paid by

an extraordinary water user under the act of July 7, 1961

(P.L.518, No.268), known as the Delaware River Basin Compact,

and the act of July 17, 1968 (P.L.368, No.181), referred to as

the Susquehanna River Basin Compact Law, to the Susquehanna

River Basin Commission or the Delaware River Basin Commission,

at the rates set on the effective date of this act, shall be

subtracted from fees owed under this section.

Section 303. Distribution of water resource fees.

(a) Establishment of Water Use Fund.--The Water Use Fund is

established in the State Treasury.

(2) $25 million to the Department of Conservation and

Natural Resources for water-related programs and activities

with any remainder for general government operations.

(3) $5 million to the Pennsylvania Fish and Boat

Commission for water-related programs and activities with any

remainder for general government operations.

The fund may be used to service the debt for any bonds issued

under Chapter 5. Any remainder in the fund shall be distributed

pursuant to section 505.

CHAPTER 5

Section 501. Authorization to incur indebtedness.

Pursuant to the provisions of section 7(a)(3) of Article VIII

of the Constitution of Pennsylvania, the department may submit

the question of a bond issuance in the amount of $3,000,000,000

for the protection of watersheds, water resources, water

environments, fresh water sources, the furthering of water

conservation and other water-related environmental initiatives

to the electors at the next election in the year that the

department decides to issue bonds.

Section 502. Certification.

The Secretary of the Commonwealth shall certify the question

to the county board of elections.

Section 503. Question to electorate.

watersheds, water resources, the furthering of water

conservation and other water-related environmental

initiatives?

Section 504. Election procedure.

The election shall be conducted in accordance with the act of

June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania

Election Code, except that:

(1) any requirements for advertising or notice related

to the question are hereby waived;

(2) the requirements for a statement pursuant to section

and

(3) any authority of the Secretary of the Commonwealth

to determine the form of the question is hereby abrogated.

Section 505. Use of proceeds.

Proceeds of the borrowing, and any remainder in the fund

under section 303(b), shall be used for the maintenance and the

protection of watersheds, water resources, water environments,

fresh water sources, the furthering of water conservation and

other water-related environmental initiatives and shall be

allocated to the watersheds named in this act based on the

percent of fees generated under section 302 in each watershed

respectively.

CHAPTER 7