PRIOR PRINTER'S NO. 132                        PRINTER'S NO. 630

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 118 Session of 1985


        INTRODUCED BY COLE, DAVIES, LUCYK, COWELL, COY, FEE, MORRIS,
           SCHULER, JACKSON, MARKOSEK, MAYERNIK, HERSHEY, G. M. SNYDER,
           SCHEETZ, BOOK, BARLEY, PHILLIPS, COSLETT, BURD, E. Z. TAYLOR
           AND SHOWERS, JANUARY 28, 1985

        AS REPORTED FROM COMMITTEE ON FEDERAL-STATE RELATIONS,
           HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 20, 1985

                                     AN ACT

     1  Establishing a Chesapeake Bay Pollution Abatement Account to be
     2     administered by the State Conservation Commission; and
     3     providing for the powers and duties of the commission with
     4     respect to the account.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  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     "Account."  The Chesapeake Bay Pollution Abatement Restricted
    12  Receipt Account.
    13     "BMP."  Pennsylvania Agricultural Best Management Practice as
    14  established by the Statewide Plan for Agricultural and
    15  Earthmoving Activities or any other practice approved by the
    16  State Conservation Commission.
    17     "Commission."  The State Conservation Commission created by


     1  the act of May 15, 1945 (P.L.547, No.217), known as the
     2  Conservation District Law.
     3     "Department."  The Department of Environmental Resources.
     4     "Program."  The Chesapeake Bay Pollution Abatement Program.
     5  Section 2.  Chesapeake Bay Pollution Abatement Account.
     6     There is hereby created a Chesapeake Bay Pollution Abatement
     7  Account as a restricted account in the Treasury Department. It
     8  shall be utilized by the department as a nonlapsing, revolving    <--
     9  account for carrying out the provisions of this act. To it shall
    10  be credited funds appropriated by the General Assembly for the
    11  program together with all Federal augmentation amounts
    12  appropriated for the program and funds from any other source
    13  designated for the program. All such funds are hereby
    14  appropriated to the department for the purposes of this act.
    15  Section 3.  Administration of account.
    16     (a)  Powers and duties of commission.--The account shall be    <--
    17  administered by the commission, which shall have the power and
    18  its duty shall be:
    19         (1)  To coordinate the program and be responsible for
    20     expenditures from the account.
    21         (2)  To utilize a portion of the account to establish and
    22     administer a cost-share program to provide assistance to
    23     agricultural producers to accelerate the installation of best
    24     management practices in watersheds which lie within the
    25     Chesapeake Bay drainage basin. The commission shall establish
    26     guidelines and regulations RULES AND REGULATIONS, STATEMENTS   <--
    27     OF POLICY OR GUIDELINES for the cost-share program which
    28     shall, as nearly as possible, correspond with cost-share
    29     programs authorized by the act of May 15, 1945 (P.L.547,
    30     No.217), known as the Conservation District Law, and similar
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     1     programs administered by the Federal Soil Conservation
     2     Service and the Agricultural Stabilization and Conservation
     3     Service of the United States Department of Agriculture. Such
     4     assistance shall not exceed 80% of the cost of installing any
     5     BMP. In establishing regulations SUCH RULES AND REGULATIONS,   <--
     6     STATEMENTS OF POLICY OR GUIDELINES for cost-share programs,
     7     the commission shall consider the following:
     8             (i)  The effectiveness of the BMP to be installed.
     9             (ii)  The emphasis of the BMP on nutrient management
    10         practices.
    11             (iii)  The greater need for assisting individual BMP
    12         projects than for assisting long-term ongoing projects.
    13     (b)  Guidelines and regulations.--                             <--
    14         (1)  In order to facilitate the speedy implementation of
    15     this program, the department shall have the power and
    16     authority to promulgate, adopt and use guidelines which shall
    17     be published in the Pennsylvania Bulletin. The guidelines
    18     shall not be subject to review pursuant to section 205 of the
    19     act of July 31, 1968 (P.L.769, No.240), referred to as the
    20     Commonwealth Documents Law, sections 204(b) and 301(10) of
    21     the act of October 15, 1980 (P.L.950, No.164), known as the
    22     Commonwealth Attorneys Act, or the act of June 25, 1982
    23     (P.L.633, No.181), known as the Regulatory Review Act, and,
    24     except as provided in paragraph (3), shall be effective for a
    25     period not to exceed one year from the effective date of this
    26     act.
    27         (2)  Except as provided in paragraph (3), after the
    28     expiration of the one-year period, all guidelines shall
    29     expire and shall be replaced by regulations which shall have
    30     been promulgated, adopted and published as provided by law.
    19850H0118B0630                  - 3 -

     1         (3)  The General Assembly may provide for an extension of
     2     the guidelines adopted pursuant to paragraph (1), if the
     3     Leadership Committee created pursuant to sections 3 and 4 of
     4     the act of December 22, 1981 (P.L.508, No.142), known as the
     5     Sunset Act, extends the guidelines adopted pursuant to
     6     paragraph (1).
     7  SECTION 4.  NONLAPSING PROVISION.                                 <--
     8     ALL FUNDS CREDITED TO THE ACCOUNT PURSUANT TO SECTION 2 OF
     9  THIS ACT SHALL NOT LAPSE UNTIL JUNE 30, 1987, WHEN ALL
    10  UNENCUMBERED, UNCOMMITTED OR UNEXPENDED FUNDS SHALL LAPSE INTO
    11  THE GENERAL FUND.
    12  Section 4 5.  Expiration.                                         <--
    13     The account, together with the functions and duties            <--
    14  authorized for the commission under this act, shall terminate     <--
    15  and go out of existence on June 30, 1989. Evaluation and review,
    16  termination, reestablishment and continuation of the account      <--
    17  COMMISSION shall be conducted pursuant to the provisions of the   <--
    18  act of December 22, 1981 (P.L.508, No.142), known as the Sunset
    19  Act.
    20  Section 5 6.  Effective date.                                     <--
    21     This act shall take effect immediately.






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