PRINTER'S NO. 3417
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
908
Session of
2015
INTRODUCED BY EVERETT, MILLARD, THOMAS, WHEELAND, ROZZI, O'BRIEN
AND MAJOR, MAY 24, 2016
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MAY 24, 2016
A RESOLUTION
Directing the Legislative Budget and Finance Committee to
conduct a study of the establishment, implementation and
administration of fees for the use of water for the purpose
of creating a Water Quality Improvement Fund.
WHEREAS, Pennsylvania is a water-rich state and is estimated
to have 7% of the nation's waterways with more than 86,000 miles
of streams and rivers, nearly 4,000 lakes covering 161,455 acres
and 80 trillion gallons of groundwater; and
WHEREAS, Residents of this Commonwealth rely upon clean water
for drinking, a wealth of recreational activities, tourism and,
for many, their livelihood; and
WHEREAS, Preventing pollution of the waters of this
Commonwealth and reclaiming and restoring our waterways is
essential to these purposes; and
WHEREAS, Pennsylvania's ability to attract growing businesses
and to provide a healthy environment for residents requires the
prioritization of clean water infrastructure and funding to
ensure the protection of clean water sources for residents of
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this Commonwealth; and
WHEREAS, Clean water provides greater health, stronger
communities and thriving economies in all regions of our
Commonwealth; and
WHEREAS, Article 1, section 27 of the Constitution of
Pennsylvania provides in part that, "Pennsylvania's public
natural resources are the common property of all the people...";
and
WHEREAS, The waters of Pennsylvania are one of these natural
resources owned jointly by the residents of this Commonwealth;
and
WHEREAS, The demand for water continues to grow with daily
withdrawals of billions of gallons of this Commonwealth's
surface water and groundwater; and
WHEREAS, Of the water withdrawn, some is consumed and not
returned to the watershed from which it came and more is used
and discharged to the environment in a degraded condition; and
WHEREAS, The Commonwealth receives no compensation for the
withdrawal and use of its water, whether for consumptive or
temporary use; and
WHEREAS, Article 1, section 27 of the Constitution of
Pennsylvania provides in part that, "The people have a right to
clean air, pure water..."; and
WHEREAS, This Commonwealth has approximately 19,000 miles of
rivers and streams that do not meet basic water quality
standards as a result of water pollution from a variety of
sources and has roughly 16% of the nation's impaired waters; and
WHEREAS, Pennsylvania faces many water quality challenges
including, but not limited to, Environmental Protection Agency
imposed Chesapeake Bay mandates, acid mine drainage, urban and
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suburban storm water runoff, sewage and industrial discharges,
fertilizer and nutrient runoff from agricultural operations and
other nonpoint source discharges; and
WHEREAS, Pennsylvania currently has no dedicated funding
mechanism to address these water quality issues and instead
relies on its General Fund; and
WHEREAS, Variability of funding through the General Fund from
year-to-year and administration-to-administration and
availability of funds due to economic conditions make it
difficult to consistently and adequately fund water quality
programs; and
WHEREAS, To meet its constitutional, statutory and regulatory
obligations, Pennsylvania needs a dedicated source of revenue
for a Water Quality Improvement Fund; therefore be it
RESOLVED, That the House of Representatives direct the
Legislative Budget and Finance Committee to study the
establishment of a fee for both the consumptive use and the use
and return of water; and be it further
RESOLVED, That the study examine how other states assess fees
for the use of water; and be it further
RESOLVED, That the study examine how other states have
directed the establishment and use of a dedicated fund for
environmental and water quality protection to serve the regional
needs of its residents and resources; and be it further
RESOLVED, That the study include an evaluation of any
legislation introduced in the General Assembly that would impose
a water use fee; and be it further
RESOLVED, That the study determine the practicality of
assessing fees on water use by examining a fixed-fee scale
classification based on per-gallon withdrawal, per-gallon use
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and other fee assessment methodologies; and be it further
RESOLVED, That the study identify whether a minimum threshold
or thresholds should apply to the assessment of a fee; and be it
further
RESOLVED, That the study recommend whether the Commonwealth
should consider any exemptions from the payment of the
assessment of withdrawal fees; and be it further
RESOLVED, That the study estimate the revenue generating
potential of various fee assessments and methodologies; and be
it further
RESOLVED, That the study evaluate how best to collect any
assessed fees; and be it further
RESOLVED, That the study recommend an appropriate
administrative entity, new or existing, to administer a Water
Quality Improvement Fund to receive and disburse revenue
generated from water use fees for the purposes of water quality
protection and restoration; and be it further
RESOLVED, That the Legislative Budget and Finance Committee
be authorized to seek and employ contractors or consultants to
assist in this study; and be it further
RESOLVED, That the Legislative Budget and Finance Committee
report all findings and conclusions on this issue to the House
of Representatives within 12 months of the adoption of this
resolution.
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