PRINTER'S NO. 2901
No. 2199 Session of 1998
INTRODUCED BY COY, CAPPABIANCA, BUNT, HERSHEY, DeWEESE, ITKIN, M. COHEN, KREBS, EVANS, NICKOL, CURRY, TANGRETTI, TULLI, BELFANTI, BOSCOLA, STABACK, SATHER, GODSHALL, LAUGHLIN, VANCE, WALKO, EACHUS, READSHAW, PETRARCA, BATTISTO, TRICH, MELIO, SAINATO, HESS, ARGALL, McILHATTAN, BAKER, McCALL, STEELMAN, HANNA, STURLA, SHANER, HERMAN, MASLAND, STERN, ALLEN, COWELL, RAMOS, SEYFERT, HALUSKA, WAUGH, GORDNER, CLARK AND BENNINGHOFF, FEBRUARY 9, 1998
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 9, 1998
AN ACT 1 Amending the act of July 28, 1988 (P.L.556, No.101), entitled 2 "An act providing for planning for the processing and 3 disposal of municipal waste; requiring counties to submit 4 plans for municipal waste management systems within their 5 boundaries; authorizing grants to counties and municipalities 6 for planning, resource recovery and recycling; imposing and 7 collecting fees; establishing certain rights for host 8 municipalities; requiring municipalities to implement 9 recycling programs; requiring Commonwealth agencies to 10 procure recycled materials; imposing duties; granting powers 11 to counties and municipalities; authorizing the Environmental 12 Quality Board to adopt regulations; authorizing the 13 Department of Environmental Resources to implement this act; 14 providing remedies; prescribing penalties; establishing a 15 fund; and making repeals," enlarging the scope of the act; 16 providing for agricultural loss mitigation; making editorial 17 changes; and making an appropriation. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. The title of the act of July 28, 1988 (P.L.556, 21 No.101), known as the Municipal Waste Planning, Recycling and 22 Waste Reduction Act, is amended to read:
1 AN ACT 2 Providing for planning for the processing and disposal of 3 municipal waste; requiring counties to submit plans for 4 municipal waste management systems within their boundaries; 5 authorizing grants to counties and municipalities for 6 planning, resource recovery and recycling; imposing and 7 collecting fees; establishing certain rights for host 8 municipalities; requiring municipalities to implement 9 recycling programs; requiring Commonwealth agencies to 10 procure recycled materials; imposing duties; granting powers 11 to counties and municipalities; authorizing the Environmental 12 Quality Board to adopt regulations; authorizing the 13 Department of Environmental [Resources] Protection and the 14 Department of Agriculture to implement this act; providing 15 remedies; prescribing penalties; establishing [a fund] funds; 16 providing for agricultural loss mitigation; and making 17 repeals. 18 Section 2. The definition of "department" in section 103 of 19 the act is amended and the section is amended by adding a 20 definition to read 21 Section 103. Definitions. 22 The following words and phrases when used in this act shall 23 have the meanings given to them in this section unless the 24 context clearly indicates otherwise: 25 * * * 26 "Department." The Department of Environmental [Resources] 27 Protection of the Commonwealth and its authorized 28 representatives. 29 * * * 30 "Farm land." Land which is being used for agricultural 19980H2199B2901 - 2 -
1 production. The term includes farm structures, buildings, 2 facilities and farm family residences situated on the land. 3 * * * 4 Section 3. Section 706 of the act is amended to read: 5 Section 706. Recycling Fund. 6 (a) Establishment.--All fees received by the department 7 pursuant to section 701 shall be paid into the State Treasury 8 into a special fund to be known as the Recycling Fund, which is 9 hereby established. 10 (b) Appropriation.--All moneys placed in the Recycling Fund 11 are hereby appropriated to the department for the purposes set 12 forth in this section. The department shall annually submit to 13 the Governor for his approval estimates of amounts to be 14 expended under this act. 15 (c) Allocations.--The department shall, to the extent 16 practicable, allocate the moneys received by the Recycling Fund, 17 including all interest generated thereon, in the following 18 manner over the life of the fund: 19 (1) At least 70% shall be expended by the department for 20 grants to municipalities for the development and 21 implementation of recycling programs as set forth in section 22 902, recycling coordinators as provided in section 903, for 23 grants for municipal recycling programs as set forth in 24 section 904, and market development and waste reduction 25 studies as set forth in section 508; for implementation of 26 the recommendations in the studies required by section 508; 27 and for research conducted or funded by the Department of 28 Transportation pursuant to section 1506. 29 (2) Up to [10%] 5% may be expended by the department for 30 grants for feasibility studies for municipal waste processing 19980H2199B2901 - 3 -
1 and disposal facilities, except for facilities for the 2 combustion of municipal waste that are not proposed to be 3 operated for the recovery of energy as set forth in section 4 901. 5 (2.1) Up to 5% shall be deposited into the Livestock, 6 Crop and Equipment Mitigation Fund established in section 7 1803. 8 (3) Up to 30% may be expended by the department for 9 [public] all of the following: 10 (i) Public information, public education and 11 technical assistance programs concerning litter control, 12 recycling and waste reduction, including technical 13 assistance programs for counties and other 14 municipalities[, for research]. 15 (ii) Research and demonstration projects[, for 16 planning]. 17 (iii) Planning grants as set forth in section 901, 18 for the host inspector training program as set forth in 19 section 1102[, and for other]. 20 (iv) Removal of illegally discarded beverage 21 containers from farmland sponsored by a municipality or 22 by a nonprofit organization approved by the Department of 23 Agriculture. Expenditures under this subparagraph shall 24 be made by individual grants as follows: 25 (A) By November 30, an applicant must submit an 26 application to the department for a grant. 27 (B) The application must contain all of the 28 following and such other information as the 29 department shall require: 30 (I) Name of organization. 19980H2199B2901 - 4 -
1 (II) Description of activities. 2 (III) Approval by Department of Agriculture. 3 (IV) General location within the county 4 where cleanup will take place. 5 (V) Program implementation schedule. 6 (VI) Materials to be collected. 7 (VII) Methods of disposal of items cleaned 8 up. 9 (C) By January 31 of the year following 10 submission of the application, the department must 11 transmit to the applicant in writing one of the 12 following decisions: 13 (I) To award the grant in the amount of not 14 more than $1,000. 15 (II) To deny the grant. 16 (D) If a decision is not transmitted by the date 17 specified in clause (C), the grant shall be deemed 18 awarded. 19 (E) Clause (C) is subject to 2 Pa.C.S. Ch. 5 20 Subch. A (relating to practice and procedure of 21 Commonwealth agencies). A denial under clause (C)(II) 22 is subject to 2 Pa.C.S. Ch 7 Subch. A (relating to 23 judicial review of Commonwealth agency action). 24 (F) By March 1 of the year following submission 25 of the application, the department shall award all 26 grants under this subparagraph. 27 (v) Other purposes consistent with this act. 28 (4) No more than 3% may be expended for the collection 29 and administration of moneys in the fund. 30 (d) Transfer.--On the first day of the 16th year after the 19980H2199B2901 - 5 -
1 fee imposed by section 701 becomes effective, all moneys in the 2 Recycling Fund that are not obligated shall be transferred to 3 the Solid Waste Abatement Fund and expended in the same manner 4 as other moneys in the Solid Waste Abatement Fund. On the first 5 day of the 19th year after the fee imposed by section 701 6 becomes effective, all moneys in the Recycling Fund that are not 7 expended shall be transferred to the Solid Waste Abatement Fund 8 and expended in the same manner as other moneys in the Solid 9 Waste Abatement Fund. 10 (e) Advisory committee.--The secretary shall establish a 11 Recycling Fund Advisory Committee composed of representatives of 12 counties, other municipalities, municipal authorities, the 13 municipal waste management industry, the municipal waste 14 recycling industry, the municipal waste generating industry and 15 the general public. The committee shall also include members of 16 the General Assembly, one appointed by each of the following: 17 the Speaker of the House of Representatives, the Minority Leader 18 of the House of Representatives, the President pro tempore of 19 the Senate and the Minority Leader of the Senate. The committee 20 shall meet at least annually to review the Commonwealth's 21 progress in meeting the goals under section 102(c), to recommend 22 priorities on expenditures from the fund, and to advise the 23 secretary on associated activities concerning the administration 24 of the fund. The department shall reimburse members of the 25 committee for reasonable travel, hotel and other necessary 26 expenses incurred in performance of their duties under this 27 section. 28 (f) Annual reports.--The department shall submit an annual 29 report to the General Assembly on receipts to and disbursements 30 from the Recycling Fund in the previous fiscal year, projections 19980H2199B2901 - 6 -
1 for revenues and expenditures in the coming fiscal year, and the 2 Commonwealth's progress in achieving the goals set forth in 3 section 102(c). The annual report due two years before the 4 expiration of the recycling fee under section 701(d) shall 5 contain a recommendation whether the fee should continue to be 6 imposed after the expiration date and, if so, the proposed 7 amount of the fee. 8 Section 4. The act is amended by adding a chapter to read: 9 CHAPTER 18 10 AGRICULTURAL LOSS MITIGATION 11 Section 1801. Definitions. 12 The following words and phrases when used in this chapter 13 shall have the meanings given to them in this section unless the 14 context clearly indicates otherwise: 15 "Agricultural equipment or machinery." Equipment or 16 machinery designed and used for agricultural production. The 17 term includes farm tractors, tires, choppers, balers, reapers, 18 mowers, pickers, threshers, combines, plows, harrows, planters 19 and any other vehicle or machine used as an implement of 20 husbandry or multipurpose agricultural vehicle. 21 "Agricultural production." The production for commercial 22 purposes of crops, livestock and livestock products. The term 23 includes the processing or retail marketing of such crops, 24 livestock or livestock products if more than 50% of the 25 processed or merchandised products are produced by the farmer. 26 "Beverage container." The individual, separate bottle, can, 27 jar or carton, composed of glass, metal, paper, plastic, or any 28 combination of those materials which is produced for the purpose 29 of containing a beverage. 30 "Cooperative extension." The Cooperative Extension Service 19980H2199B2901 - 7 -
1 of The Pennsylvania State University. 2 "Crops." The term includes all of the following: 3 (1) Field crops. 4 (2) Fruits. 5 (3) Vegetables. 6 (4) Horticultural specialties, including nursery stock 7 ornamental shrubs, ornamental trees and flowers. 8 "Farmer." A person who is engaged in agricultural production 9 for commercial purposes. 10 "Fund." The Livestock, Crop and Equipment Mitigation Fund 11 established in section 1803. 12 "Livestock or livestock products." The term includes cattle, 13 sheep, hogs, goats, horses, poultry, furbearing animals, milk, 14 eggs and furs. 15 "Loss." Damage to agricultural equipment or machinery, to 16 crops or to livestock or livestock products which: 17 (1) is caused by ingestion of or exposure to illegally 18 disposed beverage containers; and 19 (2) is not covered by insurance. 20 Section 1802. Department of Agriculture. 21 The Department of Agriculture has the following powers and 22 duties: 23 (1) To administer the fund under sections 1803(d) and 24 1804. 25 (2) To promulgate regulations to implement this chapter. 26 Section 1803. Fund. 27 (a) Establishment.--The Livestock, Crop and Equipment 28 Mitigation Fund is established as a separate fund in the State 29 Treasury. The money in the fund shall constitute a continuing, 30 nonlapsing appropriation for the purposes set forth in 19980H2199B2901 - 8 -
1 subsection (b). 2 (b) Use.--The fund shall be used for the following purposes: 3 (1) To award loss mitigation payments under section 4 1804. 5 (2) By August 1, to return to the Recycling Fund any 6 money in the fund in excess, as of the end of the prior 7 fiscal year, of $5,000,000. 8 (c) Source.--The following are the sources of the fund: 9 (1) Allocations under section 706(c)(2.1). 10 (2) Appropriations. 11 (d) Administration.--The Department of Agriculture shall 12 administer the fund to carry out the purposes of subsection (b). 13 Section 1804. Loss mitigation payments. 14 (a) Eligibility.--A farmer is eligible for a mitigation 15 payment if all of the following apply: 16 (1) The farmer suffers a loss. 17 (2) The loss is attested to by: 18 (i) a veterinarian; 19 (ii) an agent of the cooperative extension; or 20 (iii) a food or animal inspector of the Department 21 of Agriculture. 22 (b) Application.-- 23 (1) By January 31, an applicant must submit an 24 application to the Department of Agriculture for losses 25 incurred during the preceding calendar year. 26 (2) The application must contain all of the following: 27 (i) Name of farmer. 28 (ii) Address of farm. 29 (iii) Description of loss. This subparagraph 30 includes date, nature and amount of loss. 19980H2199B2901 - 9 -
1 (iv) Attestation under subsection (a)(2). 2 (c) Decision.-- 3 (1) By April 30, for each application, the Department of 4 Agriculture must transmit to the applicant in writing one of 5 the following decisions: 6 (i) To award the loss mitigation payment in the 7 amount of the lesser of: 8 (A) 2/3 of the amount of the loss; or 9 (B) $2,000. 10 (ii) To deny the loss mitigation payment. 11 (2) If a decision is not transmitted by the date 12 specified in paragraph (1), the loss mitigation payment shall 13 be deemed awarded. 14 (3) Paragraph (1) is subject to 2 Pa.C.S. Ch. 5 Subch. A 15 (relating to practice and procedure of Commonwealth 16 agencies). A denial under paragraph (1)(ii) is subject to 2 17 Pa.C.S. Ch 7 Subch. A (relating to judicial review of 18 Commonwealth agency action). 19 (d) Award.--By June 15, the Department of Agriculture shall 20 do all of the following: 21 (1) Determine the total amount of loss mitigation 22 payments awarded under subsection (c)(1)(i) or (2). 23 (2) If there is sufficient money in the fund, make all 24 of the loss mitigation payments awarded under paragraph (1). 25 (3) If there is insufficient money in the fund, make the 26 loss mitigation payments awarded under paragraph (1) on a 27 proportionate basis. 28 Section 5. The sum of $5,000,000 is hereby appropriated to 29 the Livestock, Crop and Equipment Mitigation Fund to carry out 30 the provisions of this act. 19980H2199B2901 - 10 -
1 Section 6. This act shall take effect as follows: 2 (1) This section shall take effect immediately. 3 (2) The addition of section 1804 of the act shall take 4 effect January 1, 1999. 5 (3) The remainder of this act shall take effect in 60 6 days. B4L27VDL/19980H2199B2901 - 11 -