PRIOR PRINTER'S NO. 218
PRINTER'S NO. 1065
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
256
Session of
2019
INTRODUCED BY DINNIMAN, STEFANO, SCHWANK, KEARNEY, HUTCHINSON
AND COSTA, FEBRUARY 7, 2019
SENATOR YAW, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED,
JUNE 25, 2019
AN ACT
Amending the act of July 28, 1988 (P.L.556, No.101), entitled
"An act providing for planning for the processing and
disposal of municipal waste; requiring counties to submit
plans for municipal waste management systems within their
boundaries; authorizing grants to counties and municipalities
for planning, resource recovery and recycling; imposing and
collecting fees; establishing certain rights for host
municipalities; requiring municipalities to implement
recycling programs; requiring Commonwealth agencies to
procure recycled materials; imposing duties; granting powers
to counties and municipalities; authorizing the Environmental
Quality Board to adopt regulations; authorizing the
Department of Environmental Resources to implement this act;
providing remedies; prescribing penalties; establishing a
fund; and making repeals," in recycling and waste reduction,
further providing for Commonwealth recycling and waste
reduction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1503 of the act of July 28, 1988
(P.L.556, No.101), known as the Municipal Waste Planning,
Recycling and Waste Reduction Act, is amended to read:
Section 1503. Commonwealth recycling and waste reduction.
(a) Recycling.--[Within two years after the effective date
of this act, each] Each Commonwealth agency, in coordination
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with the Department of General Services, shall establish and
implement a source-separation and collection program for
recyclable materials produced as a result of agency operations,
including, at a minimum, aluminum, high grade office paper and
corrugated paper. The source-separation and collection program
shall include, at a minimum, procedures for collecting and
storing recyclable materials, bins or containers for storing
materials, and contractual or other arrangements with buyers.
(b) Waste reduction.--[Within two years after the effective
date of this act, each] Each Commonwealth agency, in
coordination with the Department of General Services, shall
establish and implement a waste reduction program for materials
used in the course of agency operations. The program shall be
designed and implemented to achieve the maximum feasible
reduction of waste generated as a result of agency operations.
(c) Use of composted materials.--[All] Subject to the
provisions of subsection (d), all Commonwealth agencies
responsible for the maintenance of public lands in this
Commonwealth shall, to the maximum extent practicable and
feasible, give due consideration and preference to the use of
compost materials, including mushroom substrate, in all land
maintenance activities which are to be paid with public funds.
(d) Use of compost and compost products in projects.--
(1) Notwithstanding any other provision of law to the
contrary, compost and compost products shall be utilized as
recycled materials in projects as a best management practice
for:
(i) Erosion and sediment control.
(ii) Postconstruction storm water management.
(2) The department shall:
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(i) On or before June 30, 2019 2021 , establish
appropriate specifications for the use of compost and
compost products as a best management practice in
projects for:
(A) Erosion and sediment control under 25 Pa.
Code Ch. 102 (relating to erosion and sediment
control).
(B) Postconstruction storm water management
under 25 Pa. Code Ch. 102.
(ii) In establishing the specification under
subparagraph (i):
(A) Consult with other appropriate State
agencies on the use of and specifications for compost
and compost products for projects in other states.
(B) Identify compost and compost products to add
to any existing specifications, which shall include
the following:
(I) Compost blankets for soil stabilization
mats and other types of compost erosion control
blankets.
(II) Compost socks for slope interruption,
inlet protection and sediment control.
(III) Compost in a biofiltration soil mix.
(IV) Compost in biofiltration swales.
(C) Develop recommendations for maximizing the
use of compost as a recycled material in projects,
including new specifications that should be developed
and any necessary legislative or regulatory changes.
(iii) Update the specifications established under
this paragraph as necessary.
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(iv) Post the specifications established under this
paragraph on the department's publicly accessible
Internet website.
(3) By no later than June 30, 2022, the department shall
prepare and submit a report to the General Assembly that
includes the following:
(i) A description of the specifications established
for compost and compost products used in projects.
(ii) Recommendations to maximize the use of compost
and compost products as recycled materials in projects.
(iii) A description of the department's conclusions
under paragraph (2)(ii).
(iv) Any other information that the department deems
necessary or relevant.
(4) For the purposes of this subsection, the following
words and phrases shall have the meanings given to them in
this paragraph unless the context clearly indicates
otherwise:
"Best management practice." A specialized practice
designed to control erosion and sediment control and
postconstruction storm water runoff.
"Compost." Includes spent mushroom substrate.
"Compost product." An item that is manufactured from
compost, including the following:
(1) (I) Compost berms.
(2) (II ) Compost filter socks.
(3) (II I) Compost blankets.
"Department." The Department of Environmental Protection
of the Commonwealth.
"Infrastructure construction." The construction or
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rehabilitation of the following:
(1) (I) Drainage systems.
(2) (II) Energy facilities that generate and
distribute power.
(3) (III) Sewer systems, including, but not limited
to, the construction or repair of sewage collection lines
and sewage treatment facilities.
(4) (IV) Transportation facilities directly
affecting the site of the proposed private investment,
including:
(i) (A) Roads providing access to the site.
(ii) (B) Parking facilities.
(iii) (C) Sidewalks.
(iv) (D) Bridges.
(v) (E) Rails, including, but not limited to,
the construction or rehabilitation of rail switches
and signals, rail crossings and intermodal
facilities.
(vi) (F) Ports, including, but not limited to,
docking facilities, bulkheads and intermodal
facilities, but not warehouses.
(vii) (G) Waterways, including, but not limited
to, channel realignment, dredging and the
construction or rehabilitation of locks.
(viii) (H) Airports, including, but not limited
to, the construction or rehabilitation of runways,
but not airport buildings.
(ix) (I) Pipelines and related facilities,
including compressor stations and pipeline valve
systems, for the transportation of natural gas and
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its derivatives and any other product transported
through pipelines, but not vehicles associated with
the operation of the pipelines or related facilities.
(x) (J) Facilities for the transmission of
information, including, but not limited to, fiber-
optic telecommunication lines.
(xi) (K) Water supply facilities, including, but
not limited to, water lines and water storage,
treatment and distribution facilities.
(xii) (L) Well pads, wellheads and related
facilities for the extraction, production or storage
of natural gas and oil.
"Project." A project for infrastructure construction in
this Commonwealth that utilizes measures for the following:
(1) (I) erosion and sediment control; or
(2) (II) postconstruction storm water management.
"Specification." A standard for compost or compost
product used in a project, including application instructions
and compost characteristics.
Section 2. This act shall take effect in 60 days.
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