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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY MUSTO, M. WHITE, TARTAGLIONE, O'PAKE, RAFFERTY, STOUT AND COSTA, OCTOBER 8, 2010 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 8, 2010 |
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| AN ACT |
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1 | Requiring water and wastewater systems to develop and implement |
2 | asset management plans and document progress toward full-cost |
3 | pricing; authorizing the Environmental Quality Board to adopt |
4 | regulations; providing for duties of the Department of |
5 | Environmental Protection and the Pennsylvania Public Utility |
6 | Commission; establishing contracting and bidding requirements |
7 | for municipalities and municipal authorities; imposing |
8 | penalties; and making related repeals. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | CHAPTER 1 |
12 | PRELIMINARY PROVISIONS |
13 | Section 101. Short title. |
14 | This act shall be known and may be cited as the Water and |
15 | Wastewater Infrastructure Sustainability Act. |
16 | Section 102. Definitions. |
17 | The following words and phrases when used in this act shall |
18 | have the meanings given to them in this section unless the |
19 | context clearly indicates otherwise: |
20 | "Asset." The principle structures, machinery and equipment |
21 | essential to effectively operate a water or wastewater system. |
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1 | The term includes treatment plants, pumps, lift stations, pipes, |
2 | hydrants, wells, reservoirs and tanks. |
3 | "Asset management." The combination of best management, |
4 | financial, economic, engineering and other practices applied to |
5 | physical assets with the objective of providing the required |
6 | level of service in the most cost-effective manner. |
7 | "Asset management plan." A written document that describes |
8 | the asset management program of a water or wastewater system. |
9 | "Bottled water system." A public water system which provides |
10 | water for bottling in sealed bottles or other sealed containers. |
11 | The term includes, but is not limited to, the sources of water |
12 | and treatment, storage, bottling, manufacturing and distribution |
13 | facilities. The term does not include a public water system |
14 | which provides only a source of water supply for a bottled |
15 | water. |
16 | "Bulk water hauling system." A public water system which |
17 | provides water piped into a carrier vehicle and withdrawn by a |
18 | similar means into the user's storage facility or vessel. The |
19 | term includes, but is not limited to, the sources of water |
20 | treatment, storage or distribution facilities. The term does not |
21 | include a public water system which provides only a source of |
22 | water supply for a bulk water hauling system. |
23 | "Capability enhancement program." The Department of |
24 | Environmental Protection's technical, managerial and financial |
25 | outreach assistance program implementing the capability |
26 | development program provisions of section 1420 of the Safe |
27 | Drinking Water Act (Public Law 93-523, 42 U.S.C. § 300g-9). |
28 | "Commission." The Pennsylvania Public Utility Commission. |
29 | "Committee." The Water and Wastewater Infrastructure |
30 | Advisory Committee established under section 301(a)(3). |
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1 | "Community water system." A public water system which serves |
2 | at least 15 service connections used by year-round residents or |
3 | regularly serves at least 25 year-round residents. |
4 | "Customer." A person who pays for the services provided by |
5 | water and wastewater systems. |
6 | "Customer assistance program." A plan or program sponsored |
7 | by a water or wastewater system for the purpose of assuring |
8 | service to low-income households. |
9 | "Department." The Department of Environmental Protection of |
10 | the Commonwealth. |
11 | "Environmental Quality Board." The board established under |
12 | section 1920-A of the act of April 9, 1929 (P.L.177, No.175), |
13 | known as The Administrative Code of 1929. |
14 | "Federal poverty guidelines." The poverty measure based on |
15 | family size and household income issued annually by the United |
16 | States Department of Health and Human Services as published in |
17 | the Federal Register. |
18 | "Full-cost pricing." The establishment of user charges |
19 | which, in combination with any other available resources, |
20 | provide the revenues necessary to recover a water or wastewater |
21 | system's cost of providing service and that enables it to: |
22 | (1) Comply with all applicable laws and regulations. |
23 | (2) Promote economic efficiency. |
24 | (3) Ensure provision of high quality and affordable |
25 | services to the public. |
26 | (4) Promote efficient use of the system by customers. |
27 | (5) Implement its asset management plan. |
28 | "Household income." The combined gross income of all |
29 | residents 18 years of age or older in a household. |
30 | "Industrial waste." Any liquid, gaseous, radioactive, solid |
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1 | or other substance, not sewage, resulting from any manufacturing |
2 | or industry or from any establishment, and mine drainage, |
3 | refuse, silt, coal mine solids, rock, debris, dirt and clay from |
4 | coal mines, coal collieries, breakers or other coal processing |
5 | operations. The term shall include all such substances whether |
6 | or not generally characterized as waste. |
7 | "Industrial wastewater treatment system." Any system that |
8 | treats industrial waste or pollution, as those terms are defined |
9 | in section 1 of the act of June 22, 1937 (P.L.1987, No.394), |
10 | known as The Clean Streams Law. |
11 | "Municipal authority." A public authority established under |
12 | 53 Pa.C.S. Ch. 56 (relating to municipal authorities) or the |
13 | former act of May 2, 1945 (P.L.382, No.164), known as the |
14 | Municipality Authorities Act of 1945, which supplies water or |
15 | provides wastewater treatment services. |
16 | "Municipality." A county, city, borough, town or township. |
17 | "Noncommunity water system." A public water system which is |
18 | not a community water system. |
19 | "Nontransient noncommunity water system." A noncommunity |
20 | water system that regularly serves at least 25 of the same |
21 | persons more than six months per year. |
22 | "Person." Any individual, partnership, association, company, |
23 | corporation, municipality, municipal authority, political |
24 | subdivision or any agency of Federal or State Government. The |
25 | term shall include the officers, employees and agents of any |
26 | partnership, association, company, corporation, municipality, |
27 | municipal authority, political subdivision or any agency of |
28 | Federal or State Government. |
29 | "Public water system." A system which provides water to the |
30 | public for human consumption which has at least 15 service |
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1 | connections or regularly serves an average of at least 25 |
2 | individuals daily at least 60 days per year. The term includes |
3 | collection, treatment, storage and distribution facilities |
4 | whether or not they are under the control of the operator of the |
5 | system and used in connection with the system. Water for human |
6 | consumption includes water that is used for drinking, bathing |
7 | and showering, cooking, dishwashing or maintaining oral hygiene. |
8 | "Retail water facility." A public water system which |
9 | provides water for bottling without the use of a water vending |
10 | machine by dispensing unit servings of water in containers |
11 | whether or not the containers are provided by the customers. |
12 | "Revenue." All funds received by a water or wastewater |
13 | system. |
14 | "Secretary." The Secretary of Environmental Protection of |
15 | the Commonwealth. |
16 | "Transient noncommunity water system." A water system which |
17 | is not a community, nontransient noncommunity, bottled or vended |
18 | water system, nor a retail water facility or a bulk water |
19 | hauling system. |
20 | "User charges." Amounts charged to customers of a water or |
21 | wastewater system for system services. |
22 | "Vended water system." A water system which provides water |
23 | for bottling through the use of one or more water vending |
24 | machines. |
25 | "Wastewater." A substance that contains the waste products |
26 | or excrement or other discharge from the bodies of human beings |
27 | or other noxious or deleterious substances that is harmful or |
28 | inimical to the public health, to animal or aquatic life or to |
29 | the use of water for domestic water supply or for recreation, or |
30 | which constitutes pollution under the act of June 22, 1937 |
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1 | (P.L.1987, No.394), known as The Clean Streams Law. |
2 | "Wastewater system." Any structure or system that has the |
3 | primary purpose of collecting, conveying or treating wastewater |
4 | and from which effluent in excess of 2,000 gallons per day is |
5 | discharged into waters of this Commonwealth. The term does not |
6 | include an industrial wastewater treatment system or a system |
7 | whose entire service area is regulated by the Pennsylvania |
8 | Public Utility Commission. |
9 | "Water system." A public water system that is not: |
10 | (1) Regulated by the Pennsylvania Public Utility |
11 | Commission. |
12 | (2) A nontransient noncommunity water system. |
13 | (3) A transient noncommunity water system. |
14 | (4) A bottled water system. |
15 | (5) A vended water system. |
16 | (6) A retail water facility. |
17 | (7) A bulk water hauling system. |
18 | CHAPTER 3 |
19 | POWERS AND DUTIES |
20 | Section 301. Powers and duties of department. |
21 | (a) Powers and duties.--The department shall have the power |
22 | and duty to: |
23 | (1) Cooperate with and seek assistance from the |
24 | commission in accordance with sections 502 and 503. |
25 | (2) Provide technical, managerial and financial |
26 | capability assistance to water and wastewater systems to |
27 | implement the asset management and full-cost pricing |
28 | requirements of sections 501 and 502. |
29 | (3) Create a Water and Wastewater Infrastructure |
30 | Advisory Committee to advise the department in developing |
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1 | regulations and guidelines to implement the provisions of |
2 | this act. The committee shall provide written comments and |
3 | recommendations to the department on regulatory proposals and |
4 | departmental guidelines related to water and wastewater |
5 | infrastructure. Within 60 days of the effective date of this |
6 | act, the secretary shall appoint 17 members to the committee |
7 | who represent all aspects of water and wastewater treatment. |
8 | Members of the committee shall include representatives of |
9 | providers, consumers, suppliers and the public. Members of |
10 | the committee shall elect a chairman annually by majority |
11 | vote. Members of the committee shall serve without |
12 | compensation other than reimbursement for actual and |
13 | necessary expenses incurred in the performance of their |
14 | duties, in accordance with Commonwealth policy or |
15 | regulations. |
16 | (4) Review and take action on asset management plans |
17 | under section 501. |
18 | (5) Inspect water and wastewater systems to evaluate the |
19 | development and implementation of asset management plans |
20 | required under section 501. |
21 | (6) Review financial reports submitted under section 502 |
22 | to determine whether water and wastewater systems have moved |
23 | toward full-cost pricing. |
24 | (7) Issue orders or include conditions in permits issued |
25 | to water and wastewater systems necessary to ensure |
26 | compliance with sections 501 and 502. |
27 | (8) Charge water and wastewater systems fees, in |
28 | accordance with regulations adopted by the Environmental |
29 | Quality Board, in an amount sufficient to fund the necessary |
30 | staff to undertake the review of asset management plans and |
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1 | financial reports and provide technical, financial and |
2 | managerial assistance to water and wastewater systems and |
3 | administration and oversight of this act. Fees assessed under |
4 | this chapter and civil penalties collected under Chapter 9 |
5 | shall be paid into The Clean Water Fund, established under |
6 | section 8 of the act of June 22, 1937 (P.L.1987, No.394), |
7 | known as The Clean Streams Law, and shall be used for |
8 | implementation and administration of this act, including |
9 | review of asset management plans, training programs for water |
10 | and wastewater system boards and the Asset Management |
11 | Assistance Provider Program. |
12 | (9) Establish optional training programs designed to |
13 | provide training and information to members of water and |
14 | wastewater system boards. |
15 | (10) Create an Asset Management Assistance Provider |
16 | Program in which the department may accredit a person |
17 | providing assistance in the development of an asset |
18 | management planning process, either on a program basis or on |
19 | a system-specific basis, as an asset management assistance |
20 | provider. The department may approve the materials to be used |
21 | by the person, the person's qualifications and the |
22 | methodology used by the person for the development of an |
23 | asset management planning process and resultant reports in |
24 | accordance with such specifications or guidelines the |
25 | department may develop in consultation with the committee. |
26 | The department may audit, examine, inspect and review the |
27 | operations of asset management assistance providers, |
28 | including staff hired by the provider to provide asset |
29 | management plan development, and review services and any |
30 | materials or mechanisms to be used by the provider to provide |
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1 | these services in accordance with the department's |
2 | guidelines. |
3 | (11) Provide assistance to water and wastewater systems |
4 | to support compliance with the requirements of this act. To |
5 | the extent practicable, the department will use technical, |
6 | financial and managerial assistance approaches and tools set |
7 | forth in the capability enhancement program for drinking |
8 | water systems funded and established under section 1420 of |
9 | the Safe Drinking Water Act (Public Law 93-523, 42 U.S.C. § |
10 | 300g-9). |
11 | (b) Other laws.--Nothing in this act shall be construed to |
12 | abrogate the authority of the department under any other law |
13 | administered by the department. |
14 | Section 302. Powers and duties of Environmental Quality Board. |
15 | The Environmental Quality Board shall have the power and duty |
16 | to adopt such rules, regulations and fees of the department to |
17 | implement the requirements of this act that are subject to the |
18 | jurisdiction of the department, including relevant provisions of |
19 | sections 501 and 502. |
20 | Section 303. Powers and duties of commission. |
21 | (a) Powers and duties.--The commission shall have the power |
22 | and duty to: |
23 | (1) Cooperate with the department in accordance with |
24 | sections 502 and 503. |
25 | (2) At the request of the department, review financial |
26 | reports submitted under section 502 and make recommendations |
27 | to the department for resubmittal of reports that do not meet |
28 | the requirements established under this act. |
29 | (b) Other laws.--Nothing in this act shall be construed to |
30 | abrogate the authority of the commission under 66 Pa.C.S. |
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1 | (relating to public utilities). |
2 | CHAPTER 5 |
3 | ASSET MANAGEMENT AND FULL-COST PRICING |
4 | Section 501. Asset management. |
5 | (a) General rule.--Each water and wastewater system subject |
6 | to this act shall develop and maintain an asset management plan. |
7 | Each plan shall be submitted to the department for review and |
8 | approval upon request of the department. The review and approval |
9 | by the department shall be done in accordance with a phased |
10 | schedule to be set forth in regulations adopted by the |
11 | Environmental Quality Board under this act. Revisions of any |
12 | plan may be required at any time by order of the department, as |
13 | directed by regulations adopted by the Environmental Quality |
14 | Board, if there is information indicating that the asset |
15 | management plan does not adequately satisfy the objectives of |
16 | this act. An initial asset management plan shall not be required |
17 | to be submitted until the Environmental Quality Board has |
18 | adopted initial regulations under this act. The following apply: |
19 | (1) A copy of the asset management plan shall be filed |
20 | in the water or wastewater system's office and, if |
21 | applicable, posted on the water or wastewater system's |
22 | Internet website. |
23 | (2) Nothing in this act shall be construed to abrogate |
24 | the provisions of the act of November 29, 2006 (P.L.1435, |
25 | No.156), known as the Public Utility Confidential Security |
26 | Information Disclosure Protection Act. |
27 | (b) Content of asset management plans.-- |
28 | (1) Asset management plans shall conform to the |
29 | requirements established in regulations adopted under this |
30 | act. |
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1 | (2) Asset management plans shall include: |
2 | (i) An inventory of existing assets. |
3 | (ii) An assessment of the condition of existing |
4 | assets and the identification of the risk and impact of |
5 | asset failure. |
6 | (iii) An assessment of the anticipated useful life |
7 | of assets based on the assessment in subparagraph (ii). |
8 | (iv) Identification of needed operation, |
9 | maintenance, repair, improvement, expansion, |
10 | rehabilitation and replacement of existing assets. This |
11 | identification shall be prioritized to identify the most |
12 | critical needs and shall include a schedule to reflect |
13 | the point in time that improvements are most cost |
14 | effective. |
15 | (v) A schedule of costs to operate, maintain, |
16 | improve, expand, repair, rehabilitate and replace assets |
17 | for each of the following ten years. |
18 | (vi) Identification of sources and amounts of funds |
19 | to finance the operation, maintenance, repair, |
20 | improvement, expansion, rehabilitation and replacement of |
21 | assets, including debt service, and to provide for |
22 | emergencies for each of the following ten years. |
23 | (c) Department review.--The department shall review asset |
24 | management plans for technical adequacy and consistency with the |
25 | financial reports submitted under section 502(b). The department |
26 | shall approve the plan or require resubmittal within 120 days of |
27 | the submission of a complete asset management plan. |
28 | (d) Use of revenues.--Revenues from user charges shall only |
29 | be used for operation, maintenance, capital expenses and other |
30 | costs directly related to the provision of water or wastewater |
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1 | treatment service by the water or wastewater system that |
2 | receives the revenues. |
3 | (e) Action by department.--If the department determines, |
4 | after review of a financial report, that the water or wastewater |
5 | system has failed to implement the requirements of this act, the |
6 | department may take appropriate actions, including any or all of |
7 | the following: |
8 | (1) Require that an asset management plan that meets the |
9 | requirements of this section be submitted within 60 days. |
10 | (2) Provide assistance in the development and |
11 | implementation of the asset management plan. |
12 | (3) Issue an order requiring the development, |
13 | implementation or revision of an asset management plan. |
14 | (4) Initiate enforcement action as outlined in Chapter |
15 | 9. |
16 | Section 502. Full-cost pricing. |
17 | (a) General rule.--Each water and wastewater system shall |
18 | make every effort to move toward the implementation of full-cost |
19 | pricing. |
20 | (b) Financial reports.-- |
21 | (1) Each water and wastewater system shall submit |
22 | annually to the department a financial report, including |
23 | sufficient detail to demonstrate compliance with any |
24 | regulations adopted by the Environmental Quality Board under |
25 | this act. A copy of the financial report shall also be |
26 | submitted to the Department of Community and Economic |
27 | Development. |
28 | (2) The financial report shall consist of two parts as |
29 | follows: |
30 | (i) Part I of the financial report shall consist of |
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1 | a compilation, review or audit of the books, accounts and |
2 | records, conducted by a certified public accountant. The |
3 | compilation, review or audit shall include an |
4 | identification of the revenues from user charges and how |
5 | those revenues were used, including implementation of the |
6 | asset management plan required under section 501 in |
7 | accordance with section 501(d). |
8 | (ii) Part II of the financial report shall consist |
9 | of a budget for the next fiscal year. The budget shall |
10 | contain sufficient detail to demonstrate how revenues |
11 | from user charges will provide the required level of |
12 | service to the public, including implementation of the |
13 | asset management plan required under section 501, within |
14 | limits of affordability to be established in regulations. |
15 | If regulations are not adopted by the time of the initial |
16 | submission required under this subparagraph, the limit of |
17 | affordability to be applied is 1.2% to 1.5% of the median |
18 | household income. The initial Part II financial report is |
19 | not required until such time as the initial asset |
20 | management plan is required. |
21 | (3) The financial reports required under this act shall |
22 | be submitted according to one of the following schedules: |
23 | (i) A water or wastewater system whose fiscal year |
24 | ends December 31 shall submit the report on or before May |
25 | 1 of the following calendar year. |
26 | (ii) A water or wastewater system whose fiscal year |
27 | does not end on December 31 shall file the report within |
28 | 120 days after the end of its fiscal year. |
29 | (4) A copy of the financial report shall be filed in the |
30 | water or wastewater system's office and, if applicable, |
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1 | posted on the water or wastewater system's Internet website. |
2 | (c) Customer assistance program.--Water and wastewater |
3 | systems shall offer a customer assistance program to reduce the |
4 | financial burden of user charges on customers with household |
5 | incomes 150% or less of the Federal poverty level according to |
6 | Federal poverty guidelines. A customer assistance program may |
7 | not conflict with other laws of the Commonwealth which control |
8 | user charges. |
9 | (d) Departmental action.--If the department determines that |
10 | the water or wastewater system is not moving toward the goal of |
11 | implementing full-cost pricing, the department may: |
12 | (1) Require that a corrected financial report that meets |
13 | the requirements of this section be submitted within 60 days |
14 | after issuance of an order. |
15 | (2) Confer with the commission to recommend a schedule |
16 | of user charge adjustments to achieve the goal or the |
17 | customer assistance program requirements of subsection (c). |
18 | Section 503. Acquisition of small water and wastewater systems. |
19 | (a) Petition and determination.--The department may petition |
20 | the commission to request that it order a capable public utility |
21 | as the term is defined in 66 Pa.C.S. § 529(m) (relating to power |
22 | of commission to order acquisition of small water and sewer |
23 | utilities) to acquire a water or wastewater system that |
24 | regularly serves no more than 1,200 customer connections and |
25 | that is owned by a municipal authority or a municipality. The |
26 | commission may issue the requested order if the commission, |
27 | after notice and an opportunity to be heard by the owner of the |
28 | water or wastewater system, determines all of the following: |
29 | (1) The water or wastewater system is in violation of |
30 | any applicable statutory or regulatory standards, including, |
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1 | but not limited to, the act of June 22, 1937 (P.L.1987, |
2 | No.394), known as The Clean Streams Law, the act of January |
3 | 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania |
4 | Sewage Facilities Act and the act of May 1, 1984 (P.L.206, |
5 | No.43), known as the Pennsylvania Safe Drinking Water Act, |
6 | and the regulations adopted thereunder, which affect the |
7 | safety or adequacy of the service provided by the water or |
8 | wastewater system. |
9 | (2) The water or wastewater system has failed to comply, |
10 | within a reasonable period of time, with any order of the |
11 | department concerning the safety of the system or adequacy of |
12 | service, including, but not limited to, the availability of |
13 | water, the potability of water, the palatability of water, |
14 | the availability of wastewater collection, interceptor or |
15 | treatment capacity or the provision of water at adequate |
16 | volume and pressure. |
17 | (3) The small water or wastewater system cannot |
18 | reasonably be expected to furnish and maintain adequate and |
19 | safe service and facilities in the future. |
20 | (4) Alternatives to acquisition as set forth in 66 |
21 | Pa.C.S. § 529(b) have been considered and have been |
22 | determined by the commission to be impractical or not |
23 | economically feasible. |
24 | (5) The acquiring capable public utility is financially, |
25 | managerially and technically capable of acquiring and |
26 | operating the small water or wastewater system in compliance |
27 | with applicable statutory and regulatory standards. |
28 | (6) The rates charged by the acquiring capable public |
29 | utility to its preacquisition customers will not increase |
30 | unreasonably because of the acquisition. |
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1 | (b) Factors.--In making the determination pursuant to |
2 | subsection (a), the commission shall consider the factors set |
3 | forth in 66 Pa.C.S. § 529(c). |
4 | (c) Order.--Subsequent to the determination under subsection |
5 | (a), the commission may issue an order for the acquisition of |
6 | the small water or wastewater system by a capable public |
7 | utility. The order shall provide for the extension of the |
8 | service area of the acquiring capable public utility. |
9 | (d) Acquisition price.--The price for the acquisition of the |
10 | small water or wastewater system shall be determined by |
11 | agreement between the owner of the small water or wastewater |
12 | system and the acquiring capable public utility, subject to a |
13 | determination by the commission that the price is reasonable, |
14 | considering the value of assets as well as liabilities. If the |
15 | owner of the small water or wastewater system and the acquiring |
16 | capable public utility are unable to agree on the acquisition |
17 | price or the commission disapproves the acquisition price on |
18 | which they have agreed, the commission shall issue an order |
19 | directing the acquiring capable public utility to acquire the |
20 | small water or wastewater system by following the procedure |
21 | prescribed for exercising the power of eminent domain pursuant |
22 | to 26 Pa.C.S. (relating to eminent domain), without regard to |
23 | any restrictions in 26 Pa.C.S. or otherwise regarding the use of |
24 | such procedures against property owned by a municipal authority |
25 | or municipality. |
26 | (e) Procedure.--The provisions and procedures set forth in |
27 | 66 Pa.C.S. § 529(f), (g), (h), (i), (j), (k) and (l) shall apply |
28 | to any proceeding initiated by the commission against a small |
29 | water or wastewater system under this section. |
30 | CHAPTER 7 |
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1 | CONTRACTS AND BIDDING |
2 | Section 701. Competition in award of contracts. |
3 | (a) Exceptions to competitive bid requirement.-- |
4 | Notwithstanding any provision of law to the contrary, the use of |
5 | competitive bidding is not required for: |
6 | (1) Construction, reconstruction, repair or other work |
7 | made by a municipality or municipal authority for water and |
8 | wastewater projects where the project amount is below the |
9 | bidding requirement threshold in subsection (b) if: |
10 | (i) procurement is made through solicitation of |
11 | written proposals from three qualified contractors if |
12 | available in the market area; |
13 | (ii) it is practicable to obtain the quotations; and |
14 | (iii) procurement is made through issuance of a |
15 | contract. |
16 | (2) The purchase of supplies and materials by a |
17 | municipality or municipal authority for water and wastewater |
18 | needs where the amount is below the bidding requirement |
19 | threshold set forth in subsection (b) if: |
20 | (i) procurement is made through solicitation of |
21 | proposals from three qualified vendors if available in |
22 | the market area; |
23 | (ii) it is practicable to obtain the quotations; and |
24 | (iii) procurement is made through issuance of a |
25 | contract. |
26 | (3) The purchase of pollutant reduction credits by a |
27 | municipality or municipal authority from a State-approved |
28 | public exchange, where the credits are used to meet legal |
29 | requirements for wastewater systems under a credit program |
30 | administered by the department if: |
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1 | (i) public notice is made prior to the purchase; and |
2 | (ii) the governing body of the municipality or |
3 | municipal authority has made a finding that the purchase |
4 | is in the best interests of the public and the customers |
5 | of the wastewater system. |
6 | (b) Competitive bid threshold.--If a water and wastewater |
7 | project is $100,000, or a higher amount in future years based |
8 | upon any increase in the Consumer Price Index as compared to the |
9 | Consumer Price Index on the effective date of this subsection, |
10 | as published annually in the Pennsylvania Bulletin by the |
11 | department, it shall be competitively bid. |
12 | Section 702. Use of multiple-factor and comprehensive bidding |
13 | and contracting. |
14 | (a) Procedures.--Notwithstanding any provision of law to the |
15 | contrary, where the use of competitive bidding by a municipality |
16 | or municipal authority is required by law for the erection, |
17 | construction and alteration of any water or wastewater system, |
18 | the following procedures may be used when the governing body of |
19 | the municipality or municipal authority has made a finding that |
20 | the procedures are in the best interests of the public and the |
21 | customers of the water or wastewater system: |
22 | (1) The architect, engineer or other person may prepare |
23 | specifications that contain all of the requirements for the |
24 | project, including performance-based criteria or multiple- |
25 | decision criteria to the extent that those criteria are |
26 | necessary to address the particular complexities of the |
27 | project, in addition to the lowest price. |
28 | (2) The person authorized to enter into contracts for |
29 | the erection, construction or alteration of the water or |
30 | wastewater system may receive bids responsive to the |
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1 | specifications, and may award contracts, only as necessary to |
2 | reflect the complexity of the project, considering the |
3 | qualifications, financial strength and past performance of |
4 | the contractor, the initial design and construction costs and |
5 | the long-term operating and replacement costs. |
6 | (b) Single contract.--Notwithstanding any contrary provision |
7 | of law, any municipality or municipal authority may procure |
8 | through a single contract the construction, the design and |
9 | construction or the design, construction and operation of water |
10 | and wastewater projects. |
11 | CHAPTER 9 |
12 | ENFORCEMENT |
13 | Section 901. Violations. |
14 | (a) Civil penalty.-- |
15 | (1) In addition to proceeding under any other remedy |
16 | available at law or in equity for a violation of this act, |
17 | any rule or regulation of the department under this act or |
18 | any term or condition relating to this act in any permit |
19 | issued by the department, the department may assess a civil |
20 | penalty upon a person for the violation. |
21 | (2) A civil penalty may only be assessed after the |
22 | department has issued an order relating to the violation and |
23 | the person fails to comply within 60 days of the issuance of |
24 | the order. |
25 | (3) A civil penalty may be assessed whether or not the |
26 | violation was willful or negligent. |
27 | (4) When the department assesses a civil penalty, it |
28 | shall inform the person of the amount of the penalty. The |
29 | person charged with the penalty must pay the penalty in full |
30 | within 30 days or, if the person wishes to contest either the |
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1 | amount of the penalty or the fact of the violation, the |
2 | person shall, within the 30-day period, file an appeal of the |
3 | action with the Environmental Hearing Board. Failure to |
4 | appeal within 30 days shall result in a waiver of all legal |
5 | rights to contest the violation or the amount of the penalty. |
6 | (5) The maximum civil penalty which may be assessed |
7 | pursuant to this section is $1,000 per day for each |
8 | violation. Each violation for each separate day and each |
9 | violation of any provision of this act, any rule or |
10 | regulation under this act, any order to the department or any |
11 | term and condition relating to this act in the permit shall |
12 | constitute a separate and distinct offense under this |
13 | section. |
14 | (b) Other remedies.--The penalties and remedies prescribed |
15 | by this act shall be deemed concurrent, and the existence of or |
16 | exercise of any remedy shall not prevent the department from |
17 | exercising any other remedy under this act, at law or in equity. |
18 | (c) Funding.--Any person who fails to make payments of |
19 | penalties in full within the appointed time will be ineligible |
20 | for any funding of State moneys for the purpose of water or |
21 | wastewater infrastructure construction until such time as the |
22 | penalty is paid in full. |
23 | CHAPTER 21 |
24 | MISCELLANEOUS PROVISIONS |
25 | Section 2101. Repeals. |
26 | (1) The General Assembly declares that the repeals under |
27 | paragraph (2) are necessary to effectuate the purposes of |
28 | this act. |
29 | (2) Repeals are as follows: |
30 | (i) Section 4.1 of the act of November 18, 1968 |
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1 | (P.L.1052, No.322), known as the Water and Wastewater |
2 | Systems Operators' Certification Act, is repealed. |
3 | (ii) Section 6(b) of the act of March 16, 1992 |
4 | (P.L.10, No.5), known as the Small Water Systems |
5 | Assistance Act, is repealed. |
6 | (iii) 53 Pa.C.S. § 5612(b) (relating to money of |
7 | authority), is repealed insofar as it relates to water |
8 | and wastewater systems. |
9 | Section 2102. Effective date. |
10 | This act shall take effect in 30 days. |
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