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                                                       PRINTER'S NO. 157

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 92 Session of 1999


        INTRODUCED BY TILGHMAN, JANUARY 15, 1999

        REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 15, 1999


                                     AN ACT

     1  Providing for the preservation of existing water quality
     2     standards; and prohibiting amendment, revision or repeal of
     3     water quality standards.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Water Quality
     8  Standards Preservation Act.
     9  Section 2.  Legislative findings and declaration of policy.
    10     The General Assembly finds and declares as follows:
    11         (1)  Stringent water quality standards improve the
    12     quality of animal, plant and human life in this Commonwealth
    13     and promote a variety of recreational and leisure activities
    14     in which many Pennsylvanians participate.
    15         (2)  Existing water quality standards which exceed
    16     Federal standards have improved the quality of Pennsylvania's
    17     streams, waterways and drinking water supplies and have
    18     reduced public health hazards and environmental pollution.

     1         (3)  Public policy mandates that Pennsylvania continue to
     2     exceed Federal minimum water quality standards whenever and
     3     wherever it is in the public interest, practical and cost
     4     effective.
     5     Section 3.  Definitions.
     6     The following words and phrases when used in this act shall
     7  have the meanings given to them in this section unless the
     8  context clearly indicates otherwise:
     9     "Agency."  The term shall have the meaning ascribed to it in
    10  section 3 of act of June 25, 1982 (P.L.633, No.181), known as
    11  the Regulatory Review Act.
    12     "Water quality criteria."  Levels of parameters or stream
    13  conditions that need to be maintained or attained to prevent or
    14  eliminate pollution and to protect the public health and safety.
    15     "Water quality standards."  The combination of water uses to
    16  be protected and the water quality criteria necessary to protect
    17  those uses and the public health and safety.
    18  Section 4.  Prohibition.
    19     (a)  General rule.--Except as provided in subsection (b), the
    20  provisions relating to water quality of 25 Pa. Code (relating to
    21  environmental protection) shall not be subject to amendment,
    22  revision or repeal by any agency.
    23     (b)  Exception.--The provisions relating to water quality of
    24  25 Pa. Code may be amended or revised if the effect of the
    25  proposed amendment or revision is to make such provisions more
    26  stringent in order to reduce environmental pollution or to
    27  reduce public health hazards.
    28  Section 5.  Retroactivity.
    29     This act shall be retroactive to June 15, 1998.
    30  Section 6.  Effective date.
    19990S0092B0157                  - 2 -

     1     This act shall take effect immediately.




















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