PRINTER'S NO. 3899
No. 2728 Session of 2000
INTRODUCED BY TIGUE, YUDICHAK, HASAY, BLAUM, CAWLEY, STABACK,
BELARDI, ARGALL, BEBKO-JONES, BOYES, CAPPABIANCA, M. COHEN,
DALEY, DeWEESE, FRANKEL, GRUCELA, HARHAI, LaGROTTA,
LEVDANSKY, MELIO, PESCI, PISTELLA, ROONEY, SOLOBAY,
TANGRETTI, VAN HORNE, YOUNGBLOOD, CORRIGAN, DeLUCA, FEESE,
GEORGE, HALUSKA, HENNESSEY, LAUGHLIN, McNAUGHTON, MUNDY,
PETRARCA, READSHAW, SHANER, SURRA, TRELLO AND WOJNAROSKI,
SEPTEMBER 25, 2000
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
SEPTEMBER 25, 2000
AN ACT
1 Authorizing the incurring of indebtedness, with the approval of
2 the electors, of $1,000,000,000 for the control of discharges
3 from combined sewer overflows; and establishing the Combined
4 Sewer Overflow Grant Program under the administration of the
5 Pennsylvania Infrastructure Investment Authority.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Combined
10 Sewer Overflow Control Act.
11 Section 2. Legislative findings.
12 The General Assembly hereby finds and declares as follows:
13 (1) A combined sewer system by design and by function
14 carries both sanitary sewage and storm water.
15 (2) A combined sewer overflow (CSO) consists of a
16 mixture of domestic sewage, industrial and commercial
1 wastewaters and storm water runoff.
2 (3) CSOs often contain high levels of suspended solids,
3 pathogenic micro-organisms, toxic pollutants, floatables,
4 nutrients, oxygen-demanding organic compounds, oil and grease
5 and other pollutants.
6 (4) CSOs can cause exceedances of water quality
7 standards.
8 (5) Such exceedances may pose risks to human health,
9 threaten aquatic life and its habitat and impair the use and
10 enjoyment of Pennsylvania's waterways.
11 (6) Pennsylvania has hundreds of CSO outfalls located
12 throughout this Commonwealth.
13 (7) Controlling and eliminating CSOs will cost
14 municipalities millions of dollars.
15 (8) Current funding sources for the control and
16 elimination of CSOs are insufficient to assist municipalities
17 in meeting CSO control mandates.
18 Section 3. Purpose.
19 It is the purpose of this act to establish a grant program to
20 assist municipalities in addressing the impacts of combined
21 sewer overflows.
22 Section 4. Definitions.
23 The following words and phrases when used in this act shall
24 have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Authority." The Pennsylvania Infrastructure Investment
27 Authority established under the act of March 1, 1988 (P.L.82,
28 No.16), known as the Pennsylvania Infrastructure Investment
29 Authority Act.
30 "Board." The board of directors of the Pennsylvania
20000H2728B3899 - 2 -
1 Infrastructure Investment Authority.
2 "Combined sewage overflow." A point source discharge from a
3 municipal sewage system that combines sanitary wastewaters and
4 storm waters.
5 "Eligible cost." The cost of all labor, materials, necessary
6 operational machinery and equipment, land rights-of-way and
7 easements necessary for the control and elimination of combined
8 sewer overflows.
9 "Grant." A direct payment from the Pennsylvania
10 Infrastructure Investment Authority to a municipality for the
11 payment of eligible costs as authorized by this act.
12 "Municipality." A city, borough, incorporated town,
13 township, home rule municipality and any municipal authority
14 responsible for the provision of sewage treatment services to a
15 municipality.
16 "Program." The Combined Sewer Overflow Grant Program
17 established under this act.
18 Section 5. Approval of debt incurrence by electors.
19 The question of incurring indebtedness of $1,000,000,000 for
20 grants for the cost of all labor, materials, necessary
21 operational machinery and equipment, land, rights-of-way and
22 easements necessary for the control and elimination of combined
23 sewer overflows shall be submitted to the electors at the next
24 primary, municipal or general election following enactment of
25 this act.
26 Section 6. Certification.
27 The Secretary of the Commonwealth shall certify the question
28 under section 5 to the county boards of elections.
29 Section 7. Form of question.
30 The question under section 5 shall be in substantially the
20000H2728B3899 - 3 -
1 following form:
2 Do you favor the incurring of indebtedness by the
3 Commonwealth of $1,000,000,000 for grants to
4 municipalities for the cost of all labor, materials,
5 necessary operational machinery and equipment, land,
6 rights-of-way and easements necessary for the control
7 and elimination of combined sewer overflows to
8 improve water quality in this Commonwealth?
9 Section 8. Election.
10 The election shall be conducted in accordance with the act of
11 June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
12 Election Code.
13 Section 9. Proceeds.
14 (a) Use.--Proceeds of borrowing shall be deposited in a
15 special fund in the State Treasury and shall be used for grants
16 by the Pennsylvania Infrastructure Investment Authority for the
17 control and elimination of combined sewer overflows.
18 (b) Appropriation.--The proceeds of all bonds sold under
19 this act are hereby appropriated on a continuing basis to the
20 Pennsylvania Infrastructure Investment Authority for the purpose
21 of making grants under this act.
22 Section 10. Combined Sewer Overflow Grant Program.
23 The Combined Sewer Overflow Grant Program is established to
24 provide grants for eligible costs to municipalities for the
25 acquisition, construction, repair, rehabilitation and
26 improvement of water supply and sewage treatment systems. The
27 program shall be administered by the board.
28 Section 11. Powers and duties of board.
29 (a) General rule.--The board shall implement and administer
30 the grant program under section 10 in conformity with the
20000H2728B3899 - 4 -
1 provisions of section 10 of the act of March 1, 1988 (P.L.82,
2 No.16), known as the Pennsylvania Infrastructure Investment
3 Authority Act.
4 (b) Specific powers of board.--In addition to any powers
5 under subsection (a), the board shall have the power to:
6 (1) Develop forms of applications for grants.
7 (2) Fix priorities for the awarding of grants.
8 (3) Ensure that any municipality which receives a grant
9 is not awarded a second or subsequent grant.
10 (4) Promulgate regulations which implement the
11 provisions of this act.
12 (5) Take all other actions necessary to implement and
13 administer the provisions of this act.
14 Section 12. Grants.
15 (a) Utilization.--A grant awarded under this act shall be
16 used only for the elimination and control of combined sewer
17 overflows at a sewage treatment system which is owned or
18 operated by a municipality.
19 (b) Limitations.--No grant awarded under this act shall be
20 used to repair, rehabilitate or improve any sewage treatment
21 system located on private property.
22 (c) Monetary limitation on grants.--The board shall have no
23 power to award any grant that exceeds the limits in this
24 subsection. The monetary limits are as follows:
25 (1) For a city of the first class, $35,000,000.
26 (2) For a city of the second class, $25,000,000.
27 (3) For all other cities, $20,000,000.
28 (4) For a borough, incorporated town or first class
29 township, $15,000,000.
30 (5) For a second class township, $10,000,000.
20000H2728B3899 - 5 -
1 (6) For a municipal authority, $20,000,000.
2 (7) For a home rule municipality, the monetary limit for
3 the class of participating municipality.
4 Section 13. Effective date.
5 This act shall take effect immediately.
I18L53WMB/20000H2728B3899 - 6 -