THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY M. WHITE, PILEGGI, ERICKSON, VANCE, WOZNIAK, ALLOWAY, WONDERLING, EARLL, D. WHITE, SMUCKER AND BRUBAKER, MARCH 5, 2009

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, MARCH 23, 2009   

AN ACT

Amending the act of December 15, 1955 (P.L.865, No.256),

entitled "An act requiring rents and royalties from oil and

gas leases of Commonwealth land to be placed in a special

fund to be used for conservation, recreation, dams, and flood

control; authorizing the Secretary of Forests and Waters to

determine the need for and location of such projects and to

acquire the necessary land," providing for an interfund

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transfer; making appropriations from the Oil and Gas Lease

Fund; authorizing an expenditure; and making editorial

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changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title of the act of December 15, 1955

(P.L.865, No.256), entitled "An act requiring rents and

royalties from oil and gas leases of Commonwealth land to be

placed in a special fund to be used for conservation,

recreation, dams, and flood control; authorizing the Secretary

of Forests and Waters to determine the need for and location of

such projects and to acquire the necessary land," is amended to

read:

AN ACT

Requiring rents and royalties from oil and gas leases of

Commonwealth land to be placed in a special fund to be used

for conservation, recreation, dams, and flood control;

authorizing the Secretary of [Forests and Waters]

Conservation and Natural Resources to determine the need for

and location of such projects and to acquire the necessary

land.

Section 2.  Sections 2 and 3 of the act are amended to read:

Section 2.  It shall be within the discretion of the

Secretary of [Forests and Waters] Conservation and Natural

Resources to determine the need for and the location of any

project authorized by this act. The Secretary of [Forests and

Waters] Conservation and Natural Resources shall have the power

to acquire in the name of the Commonwealth by purchase,

condemnation or otherwise such lands as may be needed.

Section 3.  All the moneys from time to time paid into the

"Oil and Gas Lease Fund" are specifically appropriated to the

Department of [Forests and Waters] Conservation and Natural

Resources to carry out the purposes of this act.

Section 3.  The act is amended by adding a section to read:

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Section 4.  Notwithstanding any other provisions of this act,

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the following amounts are hereby appropriated from the "Oil and

Gas Lease Fund":

(1)  The sum of $174,000,000 to the General Fund.

(2)  The sum of $5,000,000 to the Department of

Environmental Protection for the review and processing of oil

and gas permit applications and to conduct inspections of

permitted oil and gas sites.

(3)  The sum of $3,500,000 to the Department of

Environmental Protection for implementation of a nutrient

credit trading program as provided by law.

(4)  The sum of $1,000,000 to the Department of

Conservation and Natural Resources for the administration of

the Pennsylvania Natural Heritage Program and for the

processing of online environmental review applications

submitted under the Pennsylvania Natural Diversity Inventory.

(5)  The sum of $500,000 to the Pennsylvania Fish and

Boat Commission for the administration of environmental

reviews received under the Pennsylvania Natural Diversity

Inventory.

(6)  The sum of $500,000 to the Pennsylvania Game

Commission for the administration of environmental reviews

received under the Pennsylvania Natural Diversity Inventory.

Section 4.  This act shall take effect in 60 days.

SECTION 3.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:

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Section 4.  Notwithstanding any other provision of this act

or other law to the contrary, for fiscal year 2009-2010:

(1)  The sum of $174,000,000 shall be immediately

transferred from the Oil and Gas Lease Fund to the General

Fund.

(2)  The following amounts are hereby appropriated from

the Oil and Gas Lease Fund:

(i)  The sum of $1,000,000 to the Department of

Environmental Protection for distribution to county

conservation districts that have responsibilities related

to oil and gas development activities regulated by the

department and to conduct inspections of permitted oil

and gas sites.

(ii)  The sum of $3,500,000 to the Department of

Environmental Protection for implementation of a nutrient

credit trading program as provided by law.

(iii)  The sum of $1,000,000 to the Department of

Conservation and Natural Resources for the administration

of the Pennsylvania Natural Heritage Program and for the

processing of online environmental review applications

submitted under the Pennsylvania Natural Diversity

Inventory.

(iv)  The sum of $500,000 to the Pennsylvania Fish

and Boat Commission for the administration of

environmental reviews received under the Pennsylvania

Natural Diversity Inventory.

(v)  The sum of $500,000 to the Pennsylvania Game

Commission for the administration of environmental

reviews received under the Pennsylvania Natural Diversity

Inventory.

Section 4.  The Department of Conservation and Natural

Resources is authorized to expend up to $2,000,000 from the Oil

and Gas Lease Fund for the pilot project authorized under 66

Pa.C.S. § 2815(c)(2).

Section 5.  This act shall take effect immediately.