SENATE AMENDED
PRIOR PRINTER'S NO. 2866 PRINTER'S NO. 4188
No. 2099 Session of 1986
INTRODUCED BY BOWLEY, MANDERINO, IRVIS, PIEVSKY, ITKIN,
DOMBROWSKI, D. R. WRIGHT, SEVENTY, PETRONE, GRUITZA, LLOYD,
CAWLEY, VEON, COWELL, STABACK, BELFANTI, CALTAGIRONE, TRELLO,
PETRARCA, VAN HORNE, COLE, DeLUCA, FREEMAN, GRUPPO, STEWART,
CAPPABIANCA, KASUNIC, TELEK, MRKONIC, WAMBACH, GEORGE,
LINTON, LUCYK, LESCOVITZ, McCALL, DUFFY, MICHLOVIC, WOZNIAK,
MORRIS, BATTISTO, COLAFELLA, PRESTON, STEIGHNER, GALLAGHER,
DAWIDA, HERMAN, COY, DEAL, MAYERNIK AND RUDY,
FEBRUARY 4, 1986
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 20, 1986
AN ACT
1 Amending the act of July 2, 1984 (P.L.527, No.106), entitled "An <--
2 act providing for the rehabilitation, development and
3 acquisition of land, water and structural resources; defining
4 the powers and duties of certain offices, agencies and
5 municipalities; providing for the allotment of proceeds
6 hereunder including Commonwealth grants; prescribing
7 standards; and making appropriations," increasing the amount,
8 duration and obligations of the appropriation to the
9 Department of Environmental Resources; and further providing
10 for small municipalities.
11 AMENDING THE ACT OF JULY 10, 1986 (P.L.1398, NO.122), ENTITLED <--
12 "AN ACT ESTABLISHING A SPECIAL FUND FOR MONEYS RECEIVED BY
13 THE COMMONWEALTH FROM RESOLUTION OF OIL OVERCHARGE MATTERS;
14 DESIGNATING CERTAIN LOW-INCOME ENERGY CONSERVATION AND
15 ASSISTANCE PROGRAMS FOR FUNDING FROM THIS SPECIAL FUND; AND
16 MAKING APPROPRIATIONS," FURTHER PROVIDING FOR A LIMITED GRANT
17 PROGRAM; AND MAKING AN APPROPRIATION TO THE DEPARTMENT OF
18 ENVIRONMENTAL RESOURCES.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 4(a) of the act of July 2, 1984 (P.L.527, <--
22 No.106), known as the Recreational Improvement and
1 Rehabilitation Act, is amended to read:
2 Section 4. Appropriation of moneys.
3 (a) Appropriation.--From the moneys received by the
4 Commonwealth from the issuance and sale of bonds and notes
5 pursuant to the act of July 2, 1984 (P.L.512, No.104), known as
6 the Pennsylvania Economic Revitalization Act, there are hereby
7 appropriated as follows:
8 (1) The sum of [$12,000,000] $20,780,000, or as much
9 thereof as may be necessary, is appropriated from the
10 Pennsylvania Economic Revitalization Fund to the Department
11 of Environmental Resources for the period beginning July 1,
12 1984, and ending June 30, [1986] 1988, for site development
13 and material costs for projects authorized and funded under
14 the act of July 2, 1984 (P.L.561, No.112), known as the
15 Pennsylvania Conservation Corps Act. The Secretary of
16 Environmental Resources shall have the power to promulgate
17 such statements of policy, guidelines, rules and regulations
18 as may be necessary to effectuate the programs undertaken,
19 including contracting with persons, firms, partnerships,
20 associations or corporations as may be necessary. The
21 Department of Environmental Resources shall establish
22 procedures for the application and distribution of funds
23 pursuant to this section. Municipalities sponsoring projects
24 authorized and funded under the Pennsylvania Conservation
25 Corps Act shall be eligible to receive funding under this
26 paragraph only for those projects having recreation purposes
27 and then no more than 75% of the cost of development and
28 materials for those projects. All other projects sponsored by
29 municipalities shall be ineligible for funding under this
30 paragraph.
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1 (2) The sum of $18,000,000, or as much thereof as may be
2 necessary, is appropriated from the Pennsylvania Economic
3 Revitalization Fund to the Department of Community Affairs
4 for the period beginning July 1, 1984, and ending June 30,
5 1987, for State grants-in-aid to municipalities for land
6 acquisition, rehabilitation, studies and development projects
7 for recreation and conservation purposes, community centers
8 and open space benefits as specified in section 3. The
9 appropriated funds shall be expended equally over the three-
10 year funding period. Funding shall be allocated to projects
11 in accordance with the following:
12 (i) Not less than 50% of the total allocation shall
13 be used to pay up to 50% for rehabilitation, studies and
14 development projects.
15 (ii) Not more than 25% of the total allocation shall
16 be used to pay up to 50% of the project costs for
17 acquisition of recreation, park and open space benefit
18 lands.
19 (iii) Not more than 25% of the total allocation
20 shall be used to pay up to 50% for community center
21 projects.
22 (iv) The department shall develop a small community
23 or small projects component. This program shall be for
24 the above purposes and those under section 3. This
25 component shall be for grants-in-aid for projects of up
26 to $10,000 in amount, shall be up to 100% grants-in-aid
27 and will cover only material costs, to assist those
28 municipalities with a population of 4,000 or less
29 residents unable to meet the matching requirements
30 specified in this section.
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1 (v) No municipality shall be eligible to receive
2 more than $200,000 in grants-in-aid in any fiscal year.
3 * * *
4 Section 2. Section 5 of the act is amended by adding a
5 subsection to read:
6 Section 5. Guidelines and regulations.
7 * * *
8 (d) Additional one-year exemption.--Notwithstanding the
9 provisions of subsection (a), in order to facilitate the speedy
10 implementation of the program under section 4(a)(1) and in
11 conformity with the provisions of section 11 of the act of July
12 2, 1984 (P.L.561, No.112), known as the Pennsylvania
13 Conservation Corps Act, the Department of Environmental
14 Resources shall have the power and authority to promulgate,
15 adopt and use guidelines which shall be published in the
16 Pennsylvania Bulletin. The guidelines shall not be subject to
17 review pursuant to section 205 of the act of July 31, 1968
18 (P.L.769, No.240), referred to as the Commonwealth Documents
19 Law, sections 204(b) and 301(10) of the act of October 15, 1980
20 (P.L.950, No.164), known as the Commonwealth Attorneys Act, or
21 the act of June 25, 1982 (P.L.633, No.181), known as the
22 Regulatory Review Act, and, except as provided in subsection
23 (c), shall be effective for a period not to exceed one year from
24 July 2, 1986.
25 Section 3. Section 9 of the act is amended to read:
26 Section 9. Termination.
27 No funds under this act shall be [encumbered by the
28 Department of Environmental Resources after June 30, 1986, or]
29 awarded as grants-in-aid by the Department of Community Affairs
30 after June 30, 1987. [Funds not expended by the Department of
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1 Environmental Resources by June 30, 1986, shall be
2 reappropriated by the General Assembly for eligible recreation
3 purposes under the provisions of this act.] All funds
4 appropriated under section 4 to the Department of Environmental
5 Resources shall be encumbered by June 30, 1987, and shall be
6 expended by June 30, 1988.
7 Section 4. This act shall take effect immediately.
8 SECTION 1. THE ACT OF JULY 10, 1986 (P.L.1398, NO.122), <--
9 KNOWN AS THE ENERGY CONSERVATION AND ASSISTANCE ACT, IS AMENDED
10 BY ADDING A SECTION TO READ:
11 SECTION 8.1. LIMITED GRANTS FOR RESOURCE RECOVERY PROJECTS.
12 (A) GENERAL RULE.--PURSUANT TO THE PROGRAMS SET FORTH IN
13 SECTION 3(1), THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT
14 OF ENVIRONMENTAL RESOURCES A LIMITED GRANT PROGRAM AS PART OF
15 THE STATE ENERGY CONSERVATION PLAN TO ASSIST MUNICIPALITIES IN
16 DEVELOPING RESOURCE RECOVERY PROJECTS. CONSISTENT WITH FEDERAL
17 LAW AND REGULATIONS, INCLUDING THOSE GOVERNING STATE ENERGY
18 CONSERVATION PLANS, AND DEPARTMENTAL REGULATIONS, THE PROGRAM
19 SHALL PROVIDE GRANTS WHICH COVER UP TO 75% OF THE FOLLOWING:
20 (1) COSTS ASSOCIATED WITH FEASIBILITY STUDIES.
21 (2) COSTS ASSOCIATED WITH PROJECT DEVELOPMENT ACTIVITY.
22 NO GRANT FUNDS SHALL BE USED TO COVER IN ANY MANNER ANY
23 CONSTRUCTION COSTS INCURRED FOR RESOURCE RECOVERY PROJECTS.
24 (B) FUNDING.--MONEY FOR THE GRANT PROGRAM SHALL BE DERIVED
25 FROM THE APPROPRIATION IN SECTION 9(C.1).
26 (C) DURATION.--THIS GRANT PROGRAM SHALL CONTINUE UNTIL JUNE
27 30, 1988, AT WHICH TIME THE PROGRAM SHALL EXPIRE AND ANY
28 UNEXPENDED FUNDS SHALL LAPSE BACK TO THE ENERGY CONSERVATION AND
29 ASSISTANCE FUND.
30 (D) GOVERNOR'S ENERGY COUNCIL.--IN ADMINISTERING THIS
19860H2099B4188 - 5 -
1 PROGRAM, THE DEPARTMENT OF ENVIRONMENTAL RESOURCES SHALL COMPLY
2 WITH SUCH PROCEDURES AND RESTRICTIONS AND SUBMIT SUCH REPORTS AS
3 MAY BE REQUIRED BY THE GOVERNOR'S ENERGY COUNCIL IN ORDER TO
4 FULFILL ITS FEDERALLY MANDATED RESPONSIBILITIES REGARDING THE
5 STATE ENERGY CONSERVATION PLAN.
6 SECTION 2. SECTION 9(C) AND (D) OF THE ACT ARE AMENDED AND
7 THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
8 SECTION 9. APPROPRIATIONS.
9 * * *
10 (C) GOVERNOR'S ENERGY COUNCIL.--
11 [(1) THE SUM OF $5,000,000, IS HEREBY TRANSFERRED FROM
12 THE FUND TO THE PENNSYLVANIA SOLID WASTE - RESOURCE RECOVERY
13 DEVELOPMENT FUND FOR THE FISCAL YEAR JULY 1, 1986, TO JUNE
14 30, 1987, TO BE USED FOR RECYCLING PROGRAMS, SOLID WASTE
15 DISPOSAL PROJECTS, WASTE-TO-ENERGY PROJECTS, INCLUDING
16 AGRICULTURAL WASTE-TO-ENERGY PROJECTS AND OTHER PROJECTS
17 PERMISSIBLE UNDER STATE AND FEDERAL LAW.
18 (2)] THE SUM OF $5,000,000, OR AS MUCH THEREOF AS MAY BE
19 NECESSARY, IS HEREBY APPROPRIATED TO THE GOVERNOR'S ENERGY
20 COUNCIL FOR THE FISCAL YEAR JULY 1, 1986, TO JUNE 30, 1987,
21 FOR THE PROGRAMS SET FORTH IN SECTION 7. AT LEAST 75% OF
22 THESE FUNDS MUST BE USED TO FUND THOSE PROGRAMS LISTED AS
23 PRIORITIES IN SECTION 7(B).
24 (C.1) DEPARTMENT OF ENVIRONMENTAL RESOURCES.--THE SUM OF
25 $5,000,000 IS HEREBY TRANSFERRED TO THE PENNSYLVANIA SOLID WASTE
26 - RESOURCE RECOVERY DEVELOPMENT FUND FOR THE FISCAL PERIOD JULY
27 1, 1986, TO JUNE 30, 1988, TO BE USED FOR GRANTS UNDER SECTION
28 8.1. THIS TRANSFER SHALL BE FOR A TWO-YEAR PERIOD OF TIME ENDING
29 ON JUNE 30, 1988.
30 (D) LAPSE.--[ANY] EXCEPT AS PROVIDED IN SUBSECTION (C.1),
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1 ANY FUNDS UNEXPENDED, UNCOMMITTED AND UNENCUMBERED AS OF JUNE
2 30, 1987, SHALL LAPSE AND SHALL BE AVAILABLE FOR APPROPRIATION
3 FROM THE FUND FOR FUTURE FISCAL YEARS.
4 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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