SENATE AMENDED
PRIOR PRINTER'S NOS. 2898, 2941, 2979 PRINTER'S NO. 4749
No. 2163 Session of 2001
INTRODUCED BY GEIST, NOVEMBER 19, 2001
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 27, 2002
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for the creation
21 of voluntary leave pools for employees of the Commonwealth;
22 further providing for furnishing lists of employees to
23 certain State officers; and providing for PERMITS FOR STORM <--
24 WATER DISCHARGES ASSOCIATED WITH OIL AND GAS WELLS AND FOR
25 deputy secretaries in the Department of Transportation.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
1 as The Administrative Code of 1929, is amended by adding a
2 section to read:
3 Section 221.1. Catastrophic Leave Pool.--(a) The governing
4 body of a State agency shall, through the establishment of a
5 program, allow an employe to voluntarily transfer to a leave
6 pool annual, sick or personal leave earned by the employe. The
7 pool administrator shall administer the leave pool.
8 (b) An employe of a State agency may request in writing that
9 a specified number of hours of his accrued annual, sick or
10 personal leave be transferred to the leave pool. An employe may
11 not transfer to the leave pool any hours of leave if the balance
12 of his annual and personal leave after the transfer is less than
13 one hundred twenty (120) hours. The pool administrator shall
14 credit the leave pool with the amount of time contributed by an
15 employe and deduct a corresponding amount of time from the
16 employe's earned annual, sick or personal leave as if the
17 employe had used the time for personal purposes. Any hours of
18 annual, sick or personal leave which are transferred from any
19 employe's time to the leave pool may not be returned or restored
20 to the originating employe, except that the employe shall not be
21 prevented from receiving time from the leave pool if eligible.
22 (c) An employe is eligible to use time contributed to the
23 leave pool of the State agency if the employe has exhausted the
24 balance of annual, personal and sick leave because of a
25 catastrophic illness or injury that incapacitates the employe
26 and requires a lengthy convalescence or is life threatening; a
27 catastrophic illness or injury that incapacitates a member of
28 the employe's immediate family and requires a lengthy
29 convalescence or is life threatening; or a death in the
30 employe's immediate family. The pool administrator at the
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1 direction of the governing body of the State agency may adopt
2 further criteria as is appropriate.
3 (d) An employe may apply in writing to the pool
4 administrator for permission to withdraw time from the leave
5 pool. The request must include the employe's name, title and
6 classification; a statement providing sufficient information
7 regarding the illness or event resulting in the need for
8 supplemental leave time. The governing body of the applicable
9 State agency may require a written certificate from a physician
10 or other licensed practitioner who is treating the employe or
11 the member of the employe's immediate family; and the
12 anticipated duration of leave required to cope with the event.
13 An employe may not withdraw time from the leave pool in an
14 amount that exceeds one-third of the total time in the pool; or
15 ninety (90) days. If an employe requires additional time beyond
16 the amount requested and used, the employe may apply for
17 additional leave time in the same manner prescribed in this
18 subsection through the same procedure.
19 (e) The governing body of the State agency may approve the
20 transfer of a specified number of hours of leave from the leave
21 pool to an employe who the governing body determines is eligible
22 to receive such leave. Upon approval of the governing body of
23 the State agency, the pool administrator shall transfer the time
24 from the leave pool and shall credit the time to the employe.
25 (f) The governing body of the State agency shall have the
26 authority to periodically review the status of an employe using
27 time from the leave pool to determine if the need to take leave
28 continues to exist. The governing body of the State agency may
29 require a written certificate from a physician or other licensed
30 practitioner that the reason for the leave still exists and
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1 remains necessary. The governing body of the State agency shall
2 not grant any hours of leave from the leave pool after the need
3 to take leave ceases to exist or the employe who is receiving
4 the leave resigns, retires or his employment with the State
5 agency is terminated. Any leave received from the leave pool
6 that was not used shall be returned to the leave pool.
7 (g) Each State agency administering a leave pool shall
8 maintain records and shall issue a report to the General
9 Assembly no later than eighteen (18) months after the effective
10 date of this section any information related to the use,
11 effectiveness and cost to carry out the provisions of this
12 section.
13 (h) Each State agency shall promulgate rules to administer
14 the provisions of this section.
15 (i) As used in this section:
16 "Employe" means an individual employed by a State agency for
17 a minimum of one year.
18 "Immediate family" means the employe's spouse, child,
19 stepchild, grandchild, grandparent or parent.
20 "Leave pool" means a catastrophic leave pool established to
21 accumulate and disburse voluntarily and irrevocably contributed
22 leave time from State employes for the purpose of providing
23 supplemental leave time to eligible employes.
24 "Pool administrator" means the individual appointed by the
25 governing body of the agency to administer the State agency's
26 leave pool.
27 "State agency" means any agency, board, commission, authority
28 or department of the Commonwealth and the General Assembly.
29 Section 2. Section 614(a) and (c) of the act, amended
30 November 26, 1997 (P.L.530, No.57), are amended to read:
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1 Section 614. List of Employes to be Furnished to Certain
2 State Officers.--(a) All administrative departments, boards,
3 and commissions and the Attorney General shall on July 15 of
4 each year, transmit to the Auditor General, the State Treasurer
5 and Secretary of the Budget a complete list, and to the
6 Legislative Data Processing Center a computer tape of such list,
7 as of July 1 preceding, of the names of all persons, except day-
8 laborers, entitled to receive compensation from the Commonwealth
9 for services rendered in or to the department, board, or
10 commission, as the case may be. Such list shall show the
11 position occupied by each such person, the date of birth and
12 voting residence of such person, the salary at which or other
13 basis upon which such person is entitled to be paid, the date
14 when such person entered the service of the Commonwealth,
15 whether such person has been continuously employed by the
16 Commonwealth since that date, and all periods of service and
17 positions held as an employe of the Commonwealth, or such part
18 of such information as the Governor may prescribe.
19 Notwithstanding the preceding requirement, the lists of persons
20 furnished by the Department of Corrections, the Board of
21 Probation and Parole and the Pardons Board shall also list the
22 county of residence of each person.
23 * * *
24 (c) The information received by the Auditor General, the
25 State Treasurer and the Secretary of the Budget, under this
26 section, shall be public information[.], except that the
27 information identifying the voting residence of the persons
28 furnished by the Department of Corrections, the Board of
29 Probation and Parole and the Pardons Board is not public
30 information and may not be treated as such.
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1 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
2 SECTION 1938-A. PERMITS FOR STORM WATER DISCHARGES
3 ASSOCIATED WITH OIL AND GAS WELLS.--(A) THE OWNER OR OPERATOR
4 OF AN OIL OR GAS WELL THAT MUST BE PERMITTED OR REGISTERED
5 PURSUANT TO THE ACT OF DECEMBER 19, 1984 (P.L.1140, NO.223),
6 KNOWN AS THE "OIL AND GAS ACT," SHALL OBTAIN A PERMIT PURSUANT
7 TO THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS "THE
8 CLEAN STREAMS LAW," AND ANY RULE OR REGULATION PROMULGATED
9 THEREUNDER FOR STORM WATER DISCHARGES ASSOCIATED WITH
10 CONSTRUCTION ACTIVITIES RELATING TO THE SITING, DRILLING,
11 COMPLETING, PRODUCING OR PLUGGING OF SUCH A WELL OR TO THE
12 CONSTRUCTION, MAINTENANCE, REPAIR OR REMOVAL OF ACCESS ROADS,
13 TANKS, GATHERING OR TRANSMISSION LINES AND FACILITIES RELATED TO
14 THE WELL ONLY IF:
15 (1) THERE IS AN ACTUAL STORM WATER DISCHARGE ASSOCIATED WITH
16 THE CONSTRUCTION ACTIVITIES FROM A POINT SOURCE INTO A MUNICIPAL
17 SEPARATE STORM SEWER SYSTEM OR INTO SURFACE WATERS OF THIS
18 COMMONWEALTH; AND
19 (2) THE CONSTRUCTION ACTIVITIES AT THE WELL SITE DISTURB ONE
20 ACRE OF LAND OR MORE, OR THE CONSTRUCTION ACTIVITIES AT THE WELL
21 SITE DISTURB LESS THAN ONE ACRE OF LAND THAT IS PART OF A LARGER
22 COMMON PLAN OF DEVELOPMENT OR SALE, IF THE LARGER COMMON PLAN OF
23 DEVELOPMENT OR SALE WILL DISTURB ONE ACRE OF LAND OR MORE.
24 FOR PURPOSES OF THIS SUBSECTION, LARGER COMMON PLAN OF
25 DEVELOPMENT OR SALE MEANS ALL EARTH DISTURBANCES ASSOCIATED WITH
26 CONSTRUCTION ACTIVITIES RELATING TO THE DEVELOPMENT OF A SINGLE
27 OIL OR GAS WELL THAT IS SUBJECT TO THE PERMIT OR REGISTRATION
28 REQUIREMENTS OF THE "OIL AND GAS ACT."
29 (B) THE OBLIGATION TO OBTAIN A PERMIT PURSUANT TO "THE CLEAN
30 STREAMS LAW" AND ANY RULE OR REGULATION PROMULGATED THEREUNDER
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1 FOR STORM WATER DISCHARGES REGULATED BY THIS SECTION SHALL BE
2 SATISFIED IF THE OWNER OR OPERATOR OF THE WELL SATISFIES THE
3 PERMIT REQUIREMENTS FOR STORM WATER DISCHARGES ASSOCIATED WITH
4 CONSTRUCTION ACTIVITIES ESTABLISHED IN REGULATIONS PROMULGATED
5 BY THE ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO THE FEDERAL
6 WATER POLLUTION CONTROL ACT (62 STAT. 1155, 33 U.S.C. § 1251 ET
7 SEQ.).
8 (C) THE DEPARTMENT OF ENVIRONMENTAL PROTECTION SHALL UTILIZE
9 A GENERAL PERMIT THAT MEETS THE REQUIREMENTS OF SUBSECTION (B)
10 FOR ALL STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION
11 ACTIVITIES REGULATED BY THIS SECTION.
12 (D) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, THE
13 OWNER OR OPERATOR OF A WELL THAT IS SUBJECT TO THE PERMIT OR
14 REGISTRATION REQUIREMENTS OF THE "OIL AND GAS ACT" SHALL NOT BE
15 REQUIRED TO OBTAIN A PERMIT PURSUANT TO "THE CLEAN STREAMS LAW"
16 AND ANY RULE OR REGULATION PROMULGATED THEREUNDER FOR ACTIVITIES
17 THAT ARE EXEMPT FROM THE REQUIREMENT TO OBTAIN A PERMIT FOR
18 STORM WATER DISCHARGES PURSUANT TO THE FEDERAL WATER POLLUTION
19 CONTROL ACT.
20 Section 3 4. Section 2001.3(a) of the act, amended June 22, <--
21 1982 (P.L.573, No.166), is amended and the section is amended by
22 adding a subsection to read:
23 Section 2001.3. Deputy Secretaries.--(a) The Secretary of
24 Transportation shall appoint, with the approval of the Governor,
25 [six] seven deputy secretaries who shall have the title of
26 Deputy Secretary for Administration, Deputy Secretary for
27 Highway Administration, Deputy Secretary for [Safety
28 Administration] Driver and Vehicle Services, Deputy Secretary
29 for Planning, Deputy Secretary for Local and Area Transportation
30 [and], Deputy Secretary for Aviation, Rail Freight, Ports and
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1 Waterways and Deputy Secretary for Transportation Security.
2 * * *
3 (h) The Deputy Secretary for Transportation Security, with
4 the approval of the Secretary of Transportation, shall have the
5 power and the duty to establish, implement and administer
6 department internal security, including, but not limited to,
7 computer networks, internal and external security at department
8 facilities and coordination of security matters with all
9 transportation entities located within this Commonwealth,
10 including, but not limited to, airports, trucking terminals,
11 buses, toll roads and bridges, transit agencies, railroads,
12 ships and barge companies.
13 Section 4 5. This act shall take effect immediately. <--
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