PRIOR PRINTER'S NOS. 1538, 1622 PRINTER'S NO. 1692
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 THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 14, 2004
AN ACT
1 Establishing the Pennsylvania Pollution Reduction and Prevention <--
2 ENERGY AND POLLUTION REDUCTION Program; establishing the <--
3 Office of ENERGY AND Pollution Reduction and Prevention <--
4 within the Department of Environmental Protection;
5 establishing a Pollution Prevention Index; providing an <--
6 Environmental COMPLIANCE Report Card; establishing the Rachel <--
7 Carson Environmental Excellence Award; and making an
8 appropriation.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title.
12 This act shall be known and may be cited as the Pennsylvania
13 ENERGY AND Pollution Reduction and Prevention Act. <--
14 Section 2. Declaration of policy.
15 The General Assembly finds and declares as follows:
16 (1) CLEAN, ADVANCED INDIGENOUS ENERGY RESOURCES AND THE <--
17 PROGRAMS AND POLICIES WHICH ENCOURAGE THEM ENHANCE
18 PENNSYLVANIA'S ENERGY INDEPENDENCE, CREATE JOBS AND ECONOMIC
19 DEVELOPMENT OPPORTUNITIES AND CAN IMPROVE PENNSYLVANIA'S
1 ENVIRONMENT.
2 (1) (2) It is the goal of the Commonwealth to achieve <--
3 zero discharge of pollutants into our air, water and land
4 through pollution reduction and prevention.
5 (2) (3) Traditional end-of-pipe pollution control <--
6 techniques fail to provide permanent pollution reductions and
7 often result in the transfer of pollutants from one
8 environmental medium to another. Reducing pollution and waste
9 at its source is the only way to achieve continued and
10 sustainable improvements in the environment.
11 (3) (4) Pollution reduction and prevention ENERGY <--
12 EFFICIENCY programs not only improve and restore the
13 environment, but the cost savings that many times result from
14 these practices and new technologies help make businesses
15 more competitive, save jobs and create new economic
16 opportunity in this Commonwealth.
17 (4) (5) Education programs are the key to letting <--
18 individuals and businesses know the best practices available
19 that will reduce and prevent pollution and conserve energy
20 and our natural resources.
21 (5) (6) Helping individuals, businesses and farmers <--
22 comply with Federal and State environmental statutes and
23 regulations helps to reduce and eliminate pollution that may
24 otherwise occur if violations are left uncorrected.
25 (6) Tracking the results of pollution reduction programs <--
26 allows the public to see the progress made in restoring our
27 environment and provides measuring sticks for environmental
28 program managers to use to make program improvements.
29 (7) Reporting on the number and kinds of environmental
30 violations that occur will help in the design of education OR <--
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1 OTHER programs needed to prevent future violations and result
2 in better managed environmental programs.
3 (8) Providing public recognition of individuals,
4 businesses, farmers and others for going beyond the minimum
5 environmental standards provides examples of success that
6 will inspire others to reduce and prevent pollution.
7 Section 3. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "BUSINESS." A BUSINESS ENTITY WHICH HAS 100 OR FEWER <--
12 EMPLOYEES.
13 "Department." The Department of Environmental Protection of
14 the Commonwealth.
15 "Office." The Office of Pollution Reduction and Prevention <--
16 ENERGY AND POLLUTION REDUCTION in the Department of <--
17 Environmental Protection.
18 "Small business." A business entity which has 150 or fewer <--
19 employees.
20 Section 4. Office of Pollution Reduction and Prevention ENERGY <--
21 AND POLLUTION REDUCTION.
22 (a) Establishment.--There is hereby established in the
23 department an Office of Pollution Reduction and Prevention <--
24 ENERGY AND POLLUTION REDUCTION headed by a deputy secretary <--
25 which shall be responsible for developing and coordinating the
26 implementation of programs to reduce and prevent pollution,
27 promote energy efficiency and facilitate the development and use
28 of green sources of energy.
29 (b) Duties.--The duties of the office shall include the
30 following:
20040S1042B1692 - 3 -
1 (1) Developing and promoting methods and technologies
2 for reducing pollution affecting the air, land and water at
3 its source.
4 (2) Developing educational materials in a variety of
5 media and implementing training programs and workshops, both
6 in person and online, for small businesses and the public on <--
7 techniques and methods for reducing and preventing pollution
8 and promoting energy efficiency.
9 (3) Providing technical assistance to small businesses <--
10 and the public on how to comply with environmental statutes
11 and regulations.
12 (4) Promoting the beneficial use, reuse and reclamation
13 of solid and liquid wastes by business and industry. <--
14 (5) Developing and promoting the best practices in the
15 reduction and prevention of pollution and in energy
16 efficiency to achieve sustainable businesses and communities.
17 (6) Promoting the adopting of comprehensive
18 environmental management systems by businesses, local
19 governments and other organizations.
20 (7) Establishing an audit program to assist small <--
21 businesses and local governments in developing strategies for
22 reducing pollution, energy use and waste at its source.
23 (8) Serving as the coordinating office for State energy
24 programs related to the United States Department of Energy
25 and promoting the expansion of green and renewable sources of
26 energy, reducing overall energy use and promoting the
27 development of domestic energy sources.
28 (9) Administering the Alternative Fuels Incentive Grant
29 Program provided for by 75 Pa.C.S. Ch. 72 (relating to
30 alternative fuels).
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1 (c) Technical assistance program.--
2 (1) There shall be established a program to provide <--
3 direct, confidential assistance to small businesses to help
4 them comply with environmental statutes and regulations and
5 to assist in the preparation of strategies for reducing
6 pollution, energy use and waste at its source with an
7 emphasis on providing those services through private and
8 third-party sources.
9 (1) THE PROGRAMS ESTABLISHED BY THE ACT OF JANUARY 8, <--
10 1960 (P.L.2119, NO.787), KNOWN AS THE AIR POLLUTION CONTROL
11 ACT, AND THE CLEAN AIR ACT (69 STAT. 322, 42 U.S.C. § 7401 ET
12 SEQ.) SHALL BE EXPANDED TO INCLUDE COMPLIANCE WITH ALL
13 PENNSYLVANIA ENVIRONMENTAL LAWS.
14 (2) The department shall maintain a catalog of private
15 pollution reduction and prevention and energy efficiency
16 service providers, including environmental auditors and
17 assessors, and make that catalog available to individuals and
18 small businesses in an up-to-date form.
19 (d) Financial assistance.--
20 (1) The office shall establish a program to provide <--
21 grants of up to $5,000 to small businesses for the purpose of
22 preparing strategies for reducing pollution, energy use and
23 waste at its source and implementing those strategies. A
24 grant recipient shall report to the department on the
25 measures adopted from the strategy and the permanent
26 reductions achieved.
27 (1) THE OFFICE SHALL ESTABLISH AND ADMINISTER A GRANT <--
28 PROGRAM OR PROGRAMS TO ASSIST SMALL BUSINESSES IN PREPARING
29 AND IMPLEMENTING STRATEGIES FOR REDUCING POLLUTION, ENERGY
30 USE AND WASTE AT ITS SOURCE IN ACCORDANCE WITH THE ACT OF
20040S1042B1692 - 5 -
1 DECEMBER 19, 1996 (P.L.1478, NO.190), ENTITLED "AN ACT
2 RELATING TO THE RECYCLING AND REUSE OF WASTE TIRES; PROVIDING
3 FOR THE PROPER DISPOSAL OF WASTE TIRES AND THE CLEANUP OF
4 STOCKPILED TIRES; AUTHORIZING INVESTMENT TAX CREDITS FOR
5 UTILIZING WASTE TIRES; PROVIDING REMEDIATION GRANTS FOR THE
6 CLEANUP OF TIRE PILES AND FOR POLLUTION PREVENTION PROGRAMS
7 FOR SMALL BUSINESS AND HOUSEHOLDS; ESTABLISHING THE SMALL
8 BUSINESS AND HOUSEHOLD POLLUTION PREVENTION PROGRAM AND
9 MANAGEMENT STANDARDS FOR SMALL BUSINESS HAZARDOUS WASTE;
10 PROVIDING FOR A HOUSEHOLD HAZARDOUS WASTE PROGRAM AND FOR
11 GRANT PROGRAMS; MAKING APPROPRIATIONS; AND MAKING REPEALS,"
12 OR OTHER APPROPRIATE FUNDING SOURCE. A GRANT RECIPIENT SHALL
13 REPORT TO THE DEPARTMENT ON THE MEASURES ADOPTED AND THE
14 PERMANENT REDUCTIONS ACHIEVED.
15 (2) The office shall coordinate with the Department of
16 Community and Economic Development on the administration of
17 the Pollution Prevention Assistance Accounts provided for by
18 12 Pa.C.S. Ch. 23 (relating to small business first).
19 (e) Pollution reduction index.-- <--
20 (1) The department shall establish the Pollution
21 Reduction Index to track the permanent pollution reductions,
22 natural resource and energy conservation results achieved by
23 businesses, individuals and local governments in this
24 Commonwealth that go beyond minimum regulatory requirements.
25 (2) The index shall include the results from voluntary
26 programs promoted by the Commonwealth, Federal agencies and
27 private and nonprofit groups.
28 (3) The department shall provide a copy of the Pollution
29 Reduction Index to the General Assembly and the public
30 covering each calendar year at the time the department
20040S1042B1692 - 6 -
1 submits its annual budget request.
2 (f) (E) Environmental COMPLIANCE report card.-- <--
3 (1) The department shall provide an Environmental
4 COMPLIANCE Report Card to the General Assembly and the public <--
5 annually on the number of companies, individuals and local
6 governments in compliance with department regulations in each
7 of its major program areas. The report shall identify the top
8 five types of violations in each major program and outline
9 the steps the agency will take to reduce those violations in
10 the future through education, enforcement or other actions.
11 (2) The Environmental COMPLIANCE Report Card shall cover <--
12 each calendar year and shall be submitted at the time the
13 department submits its annual budget request.
14 Section 5. Rachel Carson Environmental Excellence Award.
15 (a) Establishment.--There is hereby established a Rachel
16 Carson Environmental Excellence Award to be presented to those
17 individuals, businesses, local officials and nonprofit and other
18 organizations that exemplify the highest commitment to restoring
19 and protecting the environment in this Commonwealth.
20 (b) Categories.--The award shall recognize excellence in
21 resource protection, watershed stewardship, education and
22 outreach, land use and energy efficiency and other appropriate
23 areas of environmental achievement.
24 (c) Honorarium.--Each award shall include an honorarium of <--
25 $1,000 to be used by the recipient directly or for a designee to
26 better the environment of this Commonwealth.
27 Section 6. Appropriation.
28 The sum of $3,200,000 is hereby appropriated to the
29 Department of Environmental Protection for the purposes outlined
30 in this act for the Office of Pollution Reduction and Prevention <--
20040S1042B1692 - 7 -
1 ENERGY AND POLLUTION REDUCTION. <--
2 Section 7. Effective date.
3 This act shall take effect July 1, 2004, or immediately,
4 whichever is later.
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