SENATE AMENDED
PRIOR PRINTER'S NOS. 2950, 3315, 3988, PRINTER'S NO. 4584
4024
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 M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE,
RE-REPORTED AS AMENDED, NOVEMBER 13, 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 providing for the
16 recycling fee sunset provisions, for awarding of grants and <--
17 for the host municipality benefit fee; and making a repeal.
18 PROVISIONS, FOR RECYCLING FUND AND FOR AWARDING OF GRANTS; <--
19 PROVIDING FOR THE DEVELOPMENT OF A RECYCLING PROGRAM PLAN;
20 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 701. Recycling fee for municipal waste landfills and
7 resource recovery facilities.
8 * * *
9 [(d) Sunset for fee.--No fee shall be imposed under this <--
10 section on and after [the first day of the 11th year following <--
11 the effective date of this act.] ACT] JANUARY 1, 2009. <--
12 SECTION 706. RECYCLING FUND. <--
13 * * *
14 (D) TRANSFER.--ON THE FIRST DAY OF THE [16TH] 27TH YEAR
15 AFTER THE FEE IMPOSED BY SECTION 701 BECOMES EFFECTIVE, ALL
16 MONEYS IN THE RECYCLING FUND THAT ARE NOT OBLIGATED SHALL BE
17 TRANSFERRED TO THE SOLID WASTE ABATEMENT FUND AND EXPENDED IN
18 THE SAME MANNER AS OTHER MONEYS IN THE SOLID WASTE ABATEMENT
19 FUND. ON THE FIRST DAY OF THE [19TH] 30TH YEAR AFTER THE FEE
20 IMPOSED BY SECTION 701 BECOMES EFFECTIVE, ALL MONEYS IN THE
21 RECYCLING FUND THAT ARE NOT EXPENDED SHALL BE TRANSFERRED TO THE
22 SOLID WASTE ABATEMENT FUND AND EXPENDED IN THE SAME MANNER AS
23 OTHER MONEYS IN THE SOLID WASTE ABATEMENT FUND.
24 * * *
25 Section 905. General limitations.
26 * * *
27 (c) Other limitations on grants.--The department may not
28 award any grant under this chapter to any county or municipality
29 that has failed to comply with the conditions set forth in
30 previously awarded grants under this chapter, the requirements
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1 of this chapter and any regulations promulgated pursuant thereto
2 provided that the department shall not prohibit the award of any
3 grant to a county or municipality that has adopted an ordinance
4 allowing the limited burning of yard waste.
5 * * *
6 Section 1301. Host municipality benefit fee. <--
7 * * *
8 (b) Amount.--The fee is [$1] $2 per ton of weighed solid
9 waste or $1 per three cubic yards of volume-measured solid waste
10 for all solid waste received at a landfill or facility. Any
11 amounts paid by an operator to a host municipality pursuant to a
12 preexisting agreement shall serve as a credit against the fee
13 amount imposed by this section.
14 * * *
15 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
16 SECTION 1513. DEVELOPMENT OF RECYCLING PROGRAM PLAN.
17 THE DEPARTMENT SHALL DEVELOP A PLAN TO MAKE RECYCLING
18 PROGRAMS UNDER THIS ACT SELF-SUFFICIENT AND SHALL SUBMIT THE
19 PROPOSED PLAN TO THE GENERAL ASSEMBLY WITHIN ONE YEAR FROM THE
20 EFFECTIVE DATE OF THIS SECTION. THE PLAN SHALL:
21 (1) INCLUDE A MARKET DEVELOPMENT PROGRAM TO BE FUNDED BY
22 THE RECYCLING FUND.
23 (2) SPECIFICALLY ADDRESS THE EXTENT TO WHICH MUNICIPAL
24 RECYCLING PROGRAMS UNDER THIS ACT CAN BE SUSTAINED BY
25 RESTRUCTURING THE ALLOCATION OF AVAILABLE RECYCLING GRANTS
26 PROVIDED BY CHAPTER 9.
27 (3) INCLUDE RECOMMENDATIONS TO COUNTY RECYCLING
28 COORDINATORS DESIGNED TO ENCOURAGE MARKET DEVELOPMENT.
29 (4) IDENTIFY THE SPECIFIC MEANS THAT THE DEPARTMENT
30 INTENDS TO USE TO MAKE MUNICIPAL RECYCLING PROGRAMS UNDER
20010H2190B4584 - 3 -
1 THIS ACT SELF-SUFFICIENT.
2 Section 2 3. The provisions of 27 Pa.C.S. § 6112(a) are <--
3 repealed.
4 Section 3 4. This act shall take effect immediately. <--
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