PRIOR PRINTER'S NO. 1538 PRINTER'S NO. 1622
No. 1042 Session of 2004
INTRODUCED BY ERICKSON, M. WHITE, PILEGGI, BRIGHTBILL, CONTI,
LEMMOND, O'PAKE, PIPPY, MUSTO, RAFFERTY, ORIE, MOWERY,
CORMAN, GORDNER, BOSCOLA, C. WILLIAMS, WOZNIAK, WONDERLING
AND KASUNIC, APRIL 13, 2004
SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, AS
AMENDED, MAY 12, 2004
AN ACT
1 Establishing the Pennsylvania Pollution Reduction and Prevention
2 Program; establishing the Office of Pollution Reduction and
3 Prevention within the Department of Environmental Protection;
4 establishing a Pollution Prevention Index; providing an
5 Environmental Report Card; establishing the Rachel Carson
6 Environmental Excellence Award; providing for the disposition <--
7 of certain fines and penalties; and making an appropriation.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Pennsylvania
12 Pollution Reduction and Prevention Act.
13 Section 2. Declaration of policy.
14 The General Assembly finds and declares as follows:
15 (1) It is the goal of the Commonwealth to achieve zero
16 discharge of pollutants into our air, water and land through
17 pollution reduction and prevention.
18 (2) Traditional end-of-pipe pollution control techniques
19 fail to provide permanent pollution reductions and often
1 result in the transfer of pollutants from one environmental
2 medium to another. Reducing pollution and waste at its source
3 is the only way to achieve continued and sustainable
4 improvements in the environment.
5 (3) Pollution reduction and prevention programs not only
6 improve and restore the environment, but the cost savings
7 that many times result from these practices and new
8 technologies help make businesses more competitive, save jobs
9 and create new economic opportunity in this Commonwealth.
10 (4) Education programs are the key to letting
11 individuals and businesses know the best practices available
12 that will reduce and prevent pollution and conserve energy
13 and our natural resources.
14 (5) Helping individuals, businesses and farmers comply
15 with Federal and State environmental statutes and regulations
16 helps to reduce and eliminate pollution that may otherwise
17 occur if violations are left uncorrected.
18 (6) Tracking the results of pollution reduction programs
19 allows the public to see the progress made in restoring our
20 environment and provides measuring sticks for environmental
21 program managers to use to make program improvements.
22 (7) Reporting on the number and kinds of environmental
23 violations that occur will help in the design of education
24 programs needed to prevent future violations and result in
25 better managed environmental programs.
26 (8) Providing public recognition of individuals,
27 businesses, farmers and others for going beyond the minimum
28 environmental standards provides examples of success that
29 will inspire others to reduce and prevent pollution.
30 Section 3. Definitions.
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1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Department." The Department of Environmental Protection of
5 the Commonwealth.
6 "Office." The Office of Pollution Reduction and Prevention
7 in the Department of Environmental Protection.
8 "Small business." A business entity which has 150 or fewer
9 employees.
10 Section 4. Office of Pollution Reduction and Prevention.
11 (a) Establishment.--There is hereby established in the
12 department an Office of Pollution Reduction and Prevention
13 headed by a deputy secretary which shall be responsible for
14 developing and coordinating the implementation of programs to
15 reduce and prevent pollution, promote energy efficiency and
16 facilitate the development and use of green sources of energy.
17 (b) Duties.--The duties of the office shall include the
18 following:
19 (1) Developing and promoting methods and technologies
20 for reducing pollution affecting the air, land and water at
21 its source.
22 (2) Developing educational materials in a variety of
23 media and implementing training programs and workshops, both
24 in person and online, for small businesses and the public on
25 techniques and methods for reducing and preventing pollution
26 and promoting energy efficiency.
27 (3) Providing technical assistance to small businesses
28 and the public on how to comply with environmental statutes
29 and regulations.
30 (4) Promoting the beneficial use, reuse and reclamation
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1 of solid waste AND LIQUID WASTES by business and industry. <--
2 (5) Developing and promoting the best practices in the
3 reduction and prevention of pollution and in energy
4 efficiency to achieve sustainable businesses and communities.
5 (6) Promoting the adopting of comprehensive
6 environmental management systems by businesses, local
7 governments and other organizations.
8 (7) Establishing an audit program to assist small
9 businesses and local governments in developing strategies for
10 reducing pollution, energy use and waste at its source.
11 (8) Serving as the coordinating office for State energy
12 programs related to the United States Department of Energy
13 and promoting the expansion of green and renewable sources of
14 energy, reducing overall energy use and promoting the
15 development of domestic energy sources.
16 (9) Administering the Alternative Fuels Incentive Grant
17 Program provided for by 75 Pa.C.S. Ch. 72 (relating to
18 alternative fuels).
19 (c) Technical assistance program.--
20 (1) There shall be established a program to provide
21 direct, confidential assistance to small businesses to help
22 them comply with environmental statutes and regulations and
23 to assist in the preparation of strategies for reducing
24 pollution, energy use and waste at its source with an
25 emphasis on providing those services through private and
26 third-party sources.
27 (2) The department shall maintain a catalog of private
28 pollution reduction and prevention and energy efficiency
29 service providers, including environmental auditors and
30 assessors, and make that catalog available to individuals and
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1 small businesses in an up-to-date form.
2 (d) Financial assistance.--
3 (1) The office shall establish a program to provide
4 grants of up to $5,000 to small businesses for the purpose of
5 preparing strategies for reducing pollution, energy use and
6 waste at its source and implementing those strategies. A
7 grant recipient shall report to the department on the
8 measures adopted from the strategy and the permanent
9 reductions achieved.
10 (2) The office shall coordinate with the Department of
11 Community and Economic Development on the administration of
12 the Pollution Prevention Assistance Accounts provided for by
13 12 Pa.C.S. Ch. 23 (relating to small business first).
14 (e) Pollution reduction index.--
15 (1) The department shall establish the Pollution
16 Reduction Index to track the permanent pollution reductions,
17 natural resource and energy conservation results achieved by
18 businesses, individuals and local governments in this
19 Commonwealth that go beyond minimum regulatory requirements.
20 (2) The index shall include the results from voluntary
21 programs promoted by the Commonwealth, Federal agencies and
22 private and nonprofit groups.
23 (3) The department shall provide a copy of the Pollution
24 Reduction Index to the General Assembly and the public
25 covering each calendar year at the time the department
26 submits its annual budget request.
27 (f) Environmental report card.--
28 (1) The department shall provide an Environmental Report
29 Card to the General Assembly and the public annually on the
30 number of companies, individuals and local governments in
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1 compliance with department regulations in each of its major
2 program areas. The report shall identify the top five types
3 of violations in each major program and outline the steps the
4 agency will take to reduce those violations in the future
5 through education, enforcement or other actions.
6 (2) The Environmental Report Card shall cover each
7 calendar year and shall be submitted at the time the
8 department submits its annual budget request.
9 Section 5. Rachel Carson Environmental Excellence Award.
10 (a) Establishment.--There is hereby established a Rachel
11 Carson Environmental Excellence Award to be presented to those
12 individuals, businesses, local officials and nonprofit and other
13 organizations that exemplify the highest commitment to restoring
14 and protecting the environment in this Commonwealth.
15 (b) Categories.--The award shall recognize excellence in
16 resource protection, watershed stewardship, education and
17 outreach, land use and energy efficiency and other appropriate
18 areas of environmental achievement.
19 (c) Honorarium.--Each award shall include an honorarium of
20 $1,000 to be used by the recipient directly or for a designee to
21 better the environment of this Commonwealth.
22 Section 6. Pollution Reduction and Prevention Fund. <--
23 (a) Establishment.--There is hereby established a special
24 nonlapsing fund in the State Treasury to be known as the
25 Pollution Reduction and Prevention Fund. An amount equal to 20%
26 of the moneys collected annually from fines, penalties and
27 natural resource damage settlements deposited in special funds
28 or restricted revenue accounts administered by the department
29 shall be deposited in this fund. This annual allocation amount
30 shall be based upon the amounts collected in the previous fiscal
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1 year. All moneys placed in the fund and the interest it accrues
2 are hereby appropriated, upon authorization by the Governor, to
3 the department to accomplish the purposes of this act.
4 (b) Allocation.--Fifty percent of the moneys in the fund
5 shall be used for the technical assistance programs established
6 in section 4 and the remainder for the financial assistance
7 programs established in section 4 and the awards program
8 established in section 5.
9 (c) Appropriation.--There is hereby appropriated $3,200,000
10 SECTION 6. APPROPRIATION. <--
11 THE SUM OF $3,200,000 IS HEREBY APPROPRIATED to the
12 Department of Environmental Protection for the purposes outlined
13 in this act for the Office of Pollution Reduction and
14 Prevention.
15 Section 7. Effective date.
16 This act shall take effect July 1, 2004, OR IMMEDIATELY, <--
17 WHICHEVER IS LATER.
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