SENATE AMENDED
PRIOR PRINTER'S NOS. 2950, 3315, 3988, PRINTER'S NO. 4681
4024, 4584
No. 2190 Session of 2001
INTRODUCED BY RUBLEY, M. WRIGHT, ADOLPH, ARGALL, BARD, BASTIAN,
BUNT, CALTAGIRONE, CAPPELLI, CAWLEY, CLYMER, CORRIGAN,
DAILEY, DeWEESE, FAIRCHILD, FICHTER, FRANKEL, GEORGE,
GORDNER, GRUCELA, HENNESSEY, HERMAN, HERSHEY, HORSEY, KELLER,
LEVDANSKY, LEWIS, MANN, McCALL, McILHINNEY, MELIO, MUNDY,
NAILOR, PALLONE, ROSS, SANTONI, SATHER, SAYLOR, SCHRODER,
B. SMITH, STABACK, STEELMAN, STEIL, STERN, SURRA, TANGRETTI,
TIGUE, TRELLO, VANCE, VITALI, WATSON, WOJNAROSKI, G. WRIGHT,
YOUNGBLOOD, SHANER, CREIGHTON, FREEMAN, TRICH, THOMAS, CURRY,
E. Z. TAYLOR AND BELARDI, NOVEMBER 26, 2001
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 25, 2002
AN ACT
1 Amending the act of July 28, 1988 (P.L.556, No.101), entitled
2 "An act providing for planning for the processing and
3 disposal of municipal waste; requiring counties to submit
4 plans for municipal waste management systems within their
5 boundaries; authorizing grants to counties and municipalities
6 for planning, resource recovery and recycling; imposing and
7 collecting fees; establishing certain rights for host
8 municipalities; requiring municipalities to implement
9 recycling programs; requiring Commonwealth agencies to
10 procure recycled materials; imposing duties; granting powers
11 to counties and municipalities; authorizing the Environmental
12 Quality Board to adopt regulations; authorizing the
13 Department of Environmental Resources to implement this act;
14 providing remedies; prescribing penalties; establishing a
15 fund; and making repeals," FURTHER DEFINING "MUNICIPALITY"; <--
16 further providing for the recycling fee sunset provisions, <--
17 for awarding of grants and for the host municipality benefit
18 fee; and making a repeal. PROVISIONS, FOR RECYCLING FUND AND <--
19 FOR AWARDING OF GRANTS; PROVIDING FOR THE DEVELOPMENT OF A
20 RECYCLING PROGRAM PLAN; AND MAKING A REPEAL.
21 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Sections 701(d), 905(c) and 1301(b) 706(D) AND <--
3 905(C) of the act of July 28, 1988 (P.L.556, No.101), known as
4 the Municipal Waste Planning, Recycling and Waste Reduction Act,
5 are amended to read:
6 SECTION 1. THE DEFINITION OF "MUNICIPALITY" IN SECTION 103 <--
7 OF THE ACT OF JULY 28, 1988 (P.L.556, NO.101), KNOWN AS THE
8 MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT, IS
9 AMENDED TO READ:
10 SECTION 103. DEFINITIONS.
11 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
12 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
13 CONTEXT CLEARLY INDICATES OTHERWISE:
14 * * *
15 "MUNICIPALITY." A COUNTY, CITY, BOROUGH, INCORPORATED TOWN,
16 TOWNSHIP OR HOME RULE MUNICIPALITY. FOR THE PURPOSES OF SECTIONS
17 902 AND 904 ONLY, THE TERM SHALL INCLUDE A COUNCIL OF
18 GOVERNMENTS, CONSORTIUM OR OTHER SIMILAR ENTITIES ESTABLISHED BY
19 TWO OR MORE MUNICIPALITIES UNDER 53 PA.C.S. CH. 23 SUBCH. A
20 (RELATING TO INTERGOVERNMENTAL COOPERATION).
21 * * *
22 SECTION 2. SECTIONS 701(D), 706(D) AND 905(C) OF THE ACT ARE
23 AMENDED TO READ:
24 Section 701. Recycling fee for municipal waste landfills and
25 resource recovery facilities.
26 * * *
27 [(d) Sunset for fee.--No fee shall be imposed under this <--
28 section on and after [the first day of the 11th year following <--
29 the effective date of this act.] ACT] JANUARY 1, 2009. <--
30 SECTION 706. RECYCLING FUND. <--
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1 * * *
2 (D) TRANSFER.--ON THE FIRST DAY OF THE [16TH] 27TH YEAR
3 AFTER THE FEE IMPOSED BY SECTION 701 BECOMES EFFECTIVE, ALL
4 MONEYS IN THE RECYCLING FUND THAT ARE NOT OBLIGATED SHALL BE
5 TRANSFERRED TO THE SOLID WASTE ABATEMENT FUND AND EXPENDED IN
6 THE SAME MANNER AS OTHER MONEYS IN THE SOLID WASTE ABATEMENT
7 FUND. ON THE FIRST DAY OF THE [19TH] 30TH YEAR AFTER THE FEE
8 IMPOSED BY SECTION 701 BECOMES EFFECTIVE, ALL MONEYS IN THE
9 RECYCLING FUND THAT ARE NOT EXPENDED SHALL BE TRANSFERRED TO THE
10 SOLID WASTE ABATEMENT FUND AND EXPENDED IN THE SAME MANNER AS
11 OTHER MONEYS IN THE SOLID WASTE ABATEMENT FUND.
12 * * *
13 Section 905. General limitations.
14 * * *
15 (c) Other limitations on grants.--The department may not
16 award any grant under this chapter to any county or municipality
17 that has failed to comply with the conditions set forth in
18 previously awarded grants under this chapter, the requirements
19 of this chapter and any regulations promulgated pursuant thereto
20 provided that the department shall not prohibit the award of any
21 grant to a county or municipality that has adopted an ordinance
22 allowing the limited burning of yard waste.
23 * * *
24 Section 1301. Host municipality benefit fee. <--
25 * * *
26 (b) Amount.--The fee is [$1] $2 per ton of weighed solid
27 waste or $1 per three cubic yards of volume-measured solid waste
28 for all solid waste received at a landfill or facility. Any
29 amounts paid by an operator to a host municipality pursuant to a
30 preexisting agreement shall serve as a credit against the fee
20010H2190B4681 - 3 -
1 amount imposed by this section.
2 * * *
3 SECTION 2 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
4 SECTION 1513. DEVELOPMENT OF RECYCLING PROGRAM PLAN.
5 THE DEPARTMENT SHALL DEVELOP A PLAN TO MAKE ASSIST <--
6 MUNICIPALITIES IN MAKING RECYCLING PROGRAMS UNDER THIS ACT
7 FINANCIALLY SELF-SUFFICIENT AND SHALL SUBMIT THE PROPOSED PLAN <--
8 TO THE GENERAL ASSEMBLY WITHIN ONE YEAR FROM THE EFFECTIVE DATE
9 OF THIS SECTION. THE PLAN SHALL:
10 (1) INCLUDE A MARKET DEVELOPMENT PROGRAM TO BE FUNDED BY
11 THE RECYCLING FUND.
12 (2) SPECIFICALLY ADDRESS THE EXTENT TO WHICH MUNICIPAL
13 RECYCLING PROGRAMS UNDER THIS ACT CAN BE SUSTAINED BY
14 RESTRUCTURING THE ALLOCATION OF AVAILABLE RECYCLING GRANTS
15 PROVIDED BY CHAPTER 9.
16 (3) INCLUDE RECOMMENDATIONS TO COUNTY RECYCLING
17 COORDINATORS DESIGNED TO ENCOURAGE MARKET DEVELOPMENT.
18 (4) IDENTIFY THE SPECIFIC MEANS, INCLUDING <--
19 RECOMMENDATIONS FOR LEGISLATIVE CHANGES, THAT THE DEPARTMENT
20 INTENDS TO USE TO MAKE MUNICIPAL ASSIST MUNICIPALITIES IN <--
21 MAKING THEIR RECYCLING PROGRAMS UNDER THIS ACT SELF-
22 SUFFICIENT.
23 Section 2 4. The provisions of 27 Pa.C.S. § 6112(a) are <--
24 repealed.
25 Section 3 5. This act shall take effect immediately. <--
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