PRINTER'S NO.  126

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

152

Session of

2011

  

  

INTRODUCED BY D. WHITE, ARGALL, ERICKSON, YAW, ALLOWAY, WOZNIAK, M. WHITE, SCARNATI, BRUBAKER, CORMAN, PIPPY, WAUGH AND MENSCH, JANUARY 12, 2011

  

  

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 12, 2011  

  

  

  

AN ACT

  

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Amending the act of March 1, 1988 (P.L.82, No.16), entitled "An

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act providing for the establishment, implementation and

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administration of the Pennsylvania Infrastructure Investment

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Authority; imposing powers and duties on a board of trustees;

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transferring the rights, powers, duties and obligations of

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the Water Facilities Loan Board to the Pennsylvania

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Infrastructure Investment Authority; providing for the

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issuance of notes and bonds; providing for financial

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assistance and for a comprehensive water facilities plan;

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authorizing a referendum to incur indebtedness; making an

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appropriation; and making repeals," further providing for

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definitions, for financial assistance and for annual report.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The definitions of "department," "project" and

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"secretary" in section 3 of the act of March 1, 1988 (P.L.82,

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No.16), known as the Pennsylvania Infrastructure Investment

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Authority Act, amended July 14, 2005 (P.L.299, No.51), are

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amended and the section is amended by adding a definition to

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read:

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Section 3.  Definitions.

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The following words and phrases when used in this act shall

 


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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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* * *

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"Department."  The Department of Environmental [Resources] 

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Protection of the Commonwealth.

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* * *

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"Project."  The eligible costs associated with the

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acquisition, construction, improvement, expansion, extension,

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repair, rehabilitation or security measures of all or part of

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any facility or system, whether publicly or[, in the case of

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paragraph (1) or (2),] privately owned:

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(1)  for the collection, treatment or disposal of

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wastewater, including industrial waste;

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(2)  for the supply, treatment, storage or distribution

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of drinking water;

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(3)  for the control of point source pollution associated

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with storm water, which may include, but need not be limited

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to, the transport, storage and the infiltration of storm

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water; or

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(4)  for the best management practices to address [point

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or] nonpoint source pollution [associated with storm water

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runoff or any other innovative techniques identified in the

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county-prepared watershed plans pursuant to the act of

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October 4, 1978 (P.L.864, No.167), known as the Storm Water

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Management Act] as identified in Pennsylvania's Nonpoint

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Source Management Program Update, as required under section

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319(b) of the Federal Water Pollution Control Act (62 Stat.

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1155, 33 U.S.C. § 1329(b)).

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"Secretary."  The Secretary of Environmental [Resources] 

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Protection of the Commonwealth.

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* * *

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"Urban runoff."  Storm water from areas defined as developed

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in a county comprehensive plan prepared in accordance with the

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act of July 31, 1968 (P.L.805, No.247), known as the

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Pennsylvania Municipalities Planning Code.

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* * *

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Section 2.  Section 10(b.1), (d) and (j) of the act, amended

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or added December 16, 1992 (P.L.1137, No.149), are amended to

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read:

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Section 10.  Financial assistance.

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* * *

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(b.1)  Storm water projects.--

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(1)  [In the case of storm water projects, only a

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governmental unit may qualify for financial assistance under

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this act.

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(2)  A storm water project] A storm water project

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designed to manage urban runoff shall be eligible for funding

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if:

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(i)  It is located within a watershed for which a

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county has [not] adopted a watershed storm water

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management plan and ordinances required to implement the

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plan, as required by the Storm Water Management Act[,

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shall be ineligible for financial assistance under this

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act, except that:

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(i)  a storm water project within a watershed which

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includes land in more than one county and for which the

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department has required that a joint plan for the entire

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watershed be submitted by the affected counties shall be

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ineligible for financial assistance under this act only

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if the county in which the project is located is found to

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have failed to cooperate in the development of the joint

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plan; and

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(ii)  a storm water];

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(ii)  The project is specifically designed to

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maintain and/or improve existing water quality and to

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comply with the National Pollutant Discharge Elimination

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System (NPDES) storm water permitting requirements [shall

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be eligible for financial support under this act.

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This paragraph shall not apply to a]; or

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(iii)  The project is located in a municipality which

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has enacted a storm water management ordinance that

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requires land owners and any person engaged in the

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alteration or development of land to implement measures

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to ensure that the maximum rate of storm water runoff is

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no greater after the development than prior to

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development activities [or] and to manage the quantity,

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velocity and direction of resulting storm water runoff in

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a manner which otherwise adequately protects the health

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and property of residents from possible injury as

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required by the Storm Water Management Act.

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[(3)] (2)  A storm water project designed to manage urban

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runoff located within a municipality which is not

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implementing ordinances pursuant to a county-prepared and

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department-approved watershed plan developed pursuant to the

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Storm Water Management Act shall be ineligible.

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(3)  A project designed to manage storm water that is not

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considered urban runoff shall be considered a nonpoint source

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project and must be consistent with Pennsylvania's Nonpoint

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Source Management Program Update as required under section

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319(b) of the Federal Water Pollution Control Act (62 Stat.

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1155, 33 U.S.C. § 1329(b)).

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* * *

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(d)  Small projects.--

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(1)  The board shall establish a program of assistance to

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water supply and sewage disposal systems serving communities

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with a population of 12,000 people or less or systems having

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hookups of 1,000 or less.

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(2)  The board shall establish a program to financially

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assist storm water projects [by] for municipalities with a

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population of 12,000 people or less. In addition to other

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factors which the board in its discretion may consider in

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assigning priorities under this program, preference shall be

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given where the [municipality undertaking] community in which 

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the project is located:

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(i)  has no natural watercourse within its

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boundaries;

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(ii)  relies on methods of storm water control which

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do not comply with Federal or State rules, regulations or

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standards; or

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(iii)  has been found to be subject to karst sinkhole

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development or other geologic condition which poses a

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danger to person or property and which may be aggravated

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by uncontrolled storm water flows.

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* * *

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(j)  Continuing education of operators.--No agreement with

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individuals or entities shall be valid in the absence of an

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agreement by the individuals or entities seeking assistance

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under this act to assure that the system operators are

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participating or will participate in continuing education

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programs developed by the [Department of Environmental

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Resources] department. If the board determines that the system

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operator of a system receiving assistance is not participating

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in continuing education programs, the board shall take all steps

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necessary to cease all financial assistance and recover all

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prior payments, including, but not limited to, the immediate

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repayment of any outstanding loans and interest and any grants.

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The provisions of this subsection shall not apply to cases where

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financial assistance is provided for storm water projects.

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* * *

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Section 3.  Section 13 of the act is amended to read:

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Section 13.  Annual report.

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The board shall provide the Governor and the General Assembly

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with an annual report detailing all projects funded under

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section 10. Each annual report shall be published and maintained

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on the authority's publicly accessible Internet website and may

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be submitted to the Governor and General Assembly by electronic

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mail.

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Section 4.  This act shall take effect immediately.

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