PRIOR PRINTER'S NO. 1169 |
PRINTER'S NO. 1209 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. |
994 |
Session of 2013 |
INTRODUCED BY VOGEL, ALLOWAY, VANCE, SCARNATI, MENSCH, YUDICHAK, SMUCKER, ARGALL, FOLMER, BROWNE AND GREENLEAF, JUNE 5, 2013
SENATOR VOGEL, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED, JUNE 11, 2013
AN ACT
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Providing for the creation of a major watershed improvement
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program, for establishment of a verified TMDL parameter
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credit program, for the powers and duties of the Department
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of Environmental Protection and the Pennsylvania
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Infrastructure Investment Authority and for completion of a
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study by the Legislative Budget and Finance Committee.
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The General Assembly of the Commonwealth of Pennsylvania
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hereby enacts as follows:
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Section 1. Short title.
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This act shall be known and may be cited as the Major
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Watershed Improvement Act.
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Section 2. Definitions.
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The following words and phrases when used in this act shall
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have the meanings given to them in this section unless the
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context clearly indicates otherwise:
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"Board." The Environmental Quality Board.
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"Budget Office." The Governor's Office of the Budget.
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"Department." The Department of Environmental Protection of
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the Commonwealth.
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"Fund." The Major Watershed Improvement Fund.
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"Major watershed." As follows:
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(1) The following watersheds located in this
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Commonwealth and designated by the Department of
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Environmental Protection as major watersheds:
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(i) Delaware.
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(ii) Genesee.
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(iii) Lake Erie.
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(iv) Ohio.
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(v) Potomac.
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(vi) Susquehanna.
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(2) A watershed located in this Commonwealth that may be
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designated as a major watershed on or after the effective
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date of this section.
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"Nutrient." Nitrogen or phosphorus.
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"Participating authority." A water, sewer, water and sewer
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or storm water management authority that serves a participating
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municipality.
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"Participating municipality." A city, borough, incorporated
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town, township or home rule municipality identified by the
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Department of Environmental Protection as being wholly or
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partially located within a major watershed. The term does not
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include a county.
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"PENNVEST." The Pennsylvania Infrastructure Investment
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Authority.
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"Program." The Major Watershed Improvement Program.
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"Sediment." Soils or other erodible materials transported by
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storm water as a product of erosion.
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"TMDL." Total maximum daily load.
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"TMDL parameter." Nutrient or sediment for which a <-
TMDL
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<-
total maximum daily load (TMDL) has been established or approved
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by the United States Environmental Protection Agency under
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section 303 of the Water Pollution Control Act (62 Stat. 1155,
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33 U.S.C. § 1313) and made applicable to a major watershed.
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"TMDL parameter credit." The unit of compliance that
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corresponds with a verified pound of reduction of a <-
TMDL
total
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maximum daily load (TMDL) parameter.
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"Unmet TMDL parameter." The difference between a total
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maximum daily load (TMDL) implementation goal and progress that
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has been achieved or is reasonably expected to be achieved
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through existing regulatory or incentive-based programs.
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"Verified TMDL parameter credit." The unit of compliance
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that corresponds with a verified pound of reduction of a <-
TMDL
<-
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total maximum daily load (TMDL) parameter as determined by the
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department.
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"Water year." The 12-month period beginning October 1 of
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each calendar year.
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Section 3. Major Watershed Improvement Program.
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(a) Establishment.--There is established a Major Watershed
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Improvement Program which shall consist of the purchase of
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verified TMDL parameter credits by PENNVEST through a program
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administered by the department and PENNVEST.
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(b) Contracts with TMDL parameter credit sellers.--
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(1) The following shall apply:
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(i) No later than 30 days following the publication
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of <-
temporary regulations by the board under section 5 and
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no later than June 1 of each year thereafter when
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required or necessary to meet an unmet TMDL parameter,
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the department shall publish in the Pennsylvania Bulletin
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a notice containing an updated forecast of the unmet TMDL
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parameter planning targets for future water years
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commencing the year after the date of publication.
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(ii) No later than 60 days following publication of
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the notice under subparagraph (i), PENNVEST shall issue,
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in consultation with the department, a request for
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proposals under 62 Pa.C.S. Pt. I (relating to
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Commonwealth Procurement Code) for long-term purchase of
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verified TMDL parameter credits from interested parties,
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including private entities, participating authorities and
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participating municipalities, in order to meet the unmet
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TMDL parameter planning targets for those water years
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included in the notice, as projected by the department
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and contained in impaired surface waters listings and
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Total Maximum Daily Load amounts in any watershed
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implementation plan required on or after the effective
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date of this section by the United States Environmental
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Protection Agency under the Water Pollution Control Act
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(62 Stat. 1155, 33 U.S.C. § 1251 et seq.).
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(iii) A request for proposal under subparagraph (ii)
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shall be for a minimum term of 10 years and shall allow
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sufficient time for the delivery of verified reductions
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of TMDL parameters consistent with the time frame
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necessary for the permitting and development of public or
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private projects.
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(2) Factors to be considered as part of the criteria for
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evaluation of responses received to a request for proposals
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and the weighted percentage to be applied to each factor
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shall be included by the department in <-
temporary regulations
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published under section 5 <-
and in final regulations and shall
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include:
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(i) Cost.
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(ii) Environmental and recreational benefits
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resulting from the TMDL parameter to this Commonwealth
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and local communities, including verified TMDL parameter
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reductions to freshwater resources of this Commonwealth
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and the applicable major watershed.
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(iii) Responses addressing the generation of
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verified credits for nutrients or reductions in sediment
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which address multiple TMDL parameters.
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(iii)
(iv) Additional criteria determined relevant by
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the department.
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(3) In establishing the program, the department shall
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dedicate 25% of any request for proposal to any farms or
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entities representing any farms where such farms' gross
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receipts are less than $750,000, so that these farms may
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competitively bid for TMDL parameter reductions through
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implementation of best management practices that also address
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reductions in TMDL parameters to freshwater resources as
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noted in paragraph (2)(ii).
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(c) Participation in program.--
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(1) Nutrients, which have been identified as a TMDL
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parameter where significant cost savings can be achieved
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pursuant to a Legislative Budget and Finance Committee study
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released in January 2013 and titled "A Cost Effective
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Alternative Approach to Meeting Pennsylvania's Chesapeake Bay
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Nutrient Reduction Targets," shall be included in the
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program.
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(2) Additional major watersheds and TMDL parameters may
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be added to the program by the department upon publication in
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the Pennsylvania Bulletin of a notice which includes a
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statement by the department of the rationale for each
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addition and, for TMDL parameters, an analysis indicating
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that the inclusion of TMDL parameters in the program will
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result in cost savings as a result of competitive bidding.
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Section 4. Major Watershed Improvement Fund.
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(a) Establishment.--There is created within the State
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Treasury a special fund to be known as the Major Watershed
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Improvement Fund.
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(b) Deposits.--The following shall be deposited into the
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fund:
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(1) any appropriation made to the program; and
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(2) Any other existing or future Federal or State
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appropriation or other money determined by the department, in
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consultation with the Budget Office, to be available for the
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program.
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(b.1) Limitations on funding.--The fund shall not receive
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moneys already appropriated for conservation programs or moneys
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already appropriated for the reduction of nutrients or sediment
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into water resources of Pennsylvania or downstream of
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Pennsylvania.
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(c) Use.--Money in the fund shall be used by PENNVEST for
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the purchase of verified TMDL parameter credits under section
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3(b).
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(d) Issuance of request for proposals.--Any request for a
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proposal under section 3 may only be issued upon certification
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by the department and the Budget Office that money has been
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identified and is available to be deposited in the fund to pay
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for costs associated with issuance of a request for proposals,
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including payments for long-term purchase of verified TMDL
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parameter credits. A notice containing the certification shall
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be published by the department in the Pennsylvania Bulletin no
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later than 30 days following issuance of the certification.
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Section 5. <-
Temporary regulations
Regulations.
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(a) Promulgation.--In order to facilitate the prompt
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implementation of this act, temporary regulations may be
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promulgated by the board under this section
THE BOARD SHALL HAVE
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THE AUTHORITY TO PROMULGATE REGULATIONS TO CARRY OUT THE
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PROVISIONS OF THIS ACT. Prior to adoption, a draft of the
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temporary regulations shall be published in the Pennsylvania
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Bulletin and subject to public comment <-
for a period
of 30 days.
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Following completion of the public comment period and approval
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by the board, <-
temporary regulations shall be published in the
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Pennsylvania Bulletin. <-
The temporary
regulations shall expire no
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later than two years following their
publication. The temporary
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regulations shall not be subject to:
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(1) Sections 201, 202, 203, 204 and 205 of the act of
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July 31, 1968 (P.L.769, No.240), referred to as the
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Commonwealth Documents Law.
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(2) The act of June 25, 1982 (P.L.633, No.181), known as
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the Regulatory Review Act.
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(3) Sections 204(b) and 301(10) of the act of October
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15, 1980 (P.L.950, No.164), known as the Commonwealth
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Attorneys Act.
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(b) Expiration.--The authority of the board to adopt
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temporary regulations under subsection (a) shall expire two
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years after the effective date of this section. Regulations
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adopted after this period shall be promulgated as provided by
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law.
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(c)
(b) Draft.--The board shall publish draft <-
temporary
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regulations pursuant to subsection (a) in the Pennsylvania
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Bulletin no later than 60 days following publication of the
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notice required under section 4(d).
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Section 6. Legislative Budget and Finance Committee funding
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study.
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(a) Scope.--The Legislative Budget and Finance Committee
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shall conduct a study of possible sources of funding for the
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program in addition to sources authorized to be deposited into
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the fund under section 4(b).
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The report shall not include
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sources of funding which are currently appropriated for
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conservation programs or
moneys already appropriated
for the
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reduction of nutrients or sediment into water resources of
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Pennsylvania or downstream of Pennsylvania.
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(b) Report and recommendations.--A report and
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recommendations shall be presented by the Legislative Budget and
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Finance Committee to the department, PENNVEST, the Environmental
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Resources and Energy Committee, Agriculture and Rural Affairs
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Committee and Local Government Committee of the Senate and the
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Environmental Resources and Energy Committee, Agriculture and
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Rural Affairs Committee and Local Government Committee of the
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House of Representatives within six months following the
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effective date of this section.
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Section 20. Effective date.
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This act shall take effect in 30 days.