See other bills
under the
same topic
SENATE AMENDED
PRIOR PRINTER'S NOS. 284, 339, 1478,
2068
PRINTER'S NO. 2087
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
290
Session of
2017
INTRODUCED BY METZGAR, GODSHALL, SCHWEYER, MILLARD, A. HARRIS,
ZIMMERMAN, SANKEY, WARD, GABLER, SAYLOR, WHEELAND, RADER,
CUTLER AND DUSH, FEBRUARY 2, 2017
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 20, 2017
AN ACT
Amending the act of July 6, 1989 (P.L.169, No.32), entitled, as
amended, "An act providing for the regulation of storage
tanks and tank facilities; imposing additional powers and
duties on the Department of Environmental Protection and the
Environmental Quality Board; and making an appropriation," in
financial provisions, further providing for Underground
Storage Tank Indemnification Board, for Underground Storage
Tank Environmental Cleanup Program and, for Underground
Storage Tank Pollution Prevention Program AND FOR
INVESTIGATION AND CLOSURE COSTS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 703(a), 710(f) and 711(f) of the act of
July 6, 1989 (P.L.169, No.32), known as the Storage Tank and
Spill Prevention Act, are amended to read:
SECTION 1. SECTIONS 703(A), 710(B.2) AND (F), 711(B) AND (F)
AND 713 HEADING AND (A) OF THE ACT OF JULY 6, 1989 (P.L.169,
NO.32), KNOWN AS THE STORAGE TANK AND SPILL PREVENTION ACT, ARE
AMENDED TO READ:
Section 703. Underground Storage Tank Indemnification Board.
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
(a) Establishment of board, appointment and terms.--There is
hereby created the Underground Storage Tank Indemnification
Board which shall consist of ten members. The Insurance
Commissioner and the Secretary of the Department of
Environmental Protection shall be ex officio members. Eight
members shall be appointed [by the Governor,] as follows:
(1) Six members who shall be persons with particular
expertise in the management of underground storage tanks.
Three of these members shall be appointed for terms of four
years and three shall be appointed for a term of three years.
The Governor shall appoint [the members,] two members, the
President pro tempore of the Senate shall appoint one member,
the Minority Leader of the Senate shall appoint one member,
the Speaker of the House of Representatives shall appoint one
member and the Minority Leader of the House of
Representatives shall appoint one member. The appointments
shall include one each from a list of nominees provided by
each of the following:
(i) The Associated Petroleum Industries of
Pennsylvania.
(ii) The Pennsylvania Petroleum Association.
(iii) The Service Station Dealers and Automotive
Repair Association of Pennsylvania and Delaware and the
Petroleum Retailers and Auto Repair Association, Inc.
(iv) [The Middle Atlantic Truck Stop Operators] A
Statewide organization representing fuel retailers and
food merchants.
(v) The Pennsylvania Farm Bureau, Pennsylvania State
Grange and Pennsylvania Farmers Union.
(vi) The Tank Installers of Pennsylvania.
20170HB0290PN2087 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) [One] The Governor shall appoint one local
government member who shall have knowledge and expertise in
underground storage tanks. The local government member shall
be appointed for a term of two years.
(3) [One] The Governor shall appoint one public member
who shall not be an owner or operator of storage tanks nor
affiliated in any way with any person regulated under this
act. The public member shall be appointed for a term of three
years.
* * *
Section 710. Underground Storage Tank Environmental Cleanup
Program.
* * *
(B.2) ADDITIONAL ALLOCATION.--NO MORE THAN [$500,000]
$750,000 OF THE ANNUAL ALLOCATION FOR THE UNDERGROUND STORAGE
TANK ENVIRONMENTAL CLEANUP PROGRAM MAY BE USED FOR COSTS OF
CORRECTIVE ACTION TO ASSIST OWNERS OF UNDERGROUND STORAGE TANKS
WITH A CAPACITY OF 3,000 GALLONS OR LESS USED FOR STORING
HEATING OIL FOR CONSUMPTION ON THE PREMISES WHERE STORED.
PAYMENTS MADE FOR ELIGIBLE RELEASES SHALL BE LIMITED IN AMOUNT
TO THE ACTUAL COSTS OF CORRECTIVE ACTION OR TO $5,000, WHICHEVER
IS LESS. THE AMOUNT ALLOWED SHALL BE SUBJECT TO A $1,000
DEDUCTIBLE WHICH SHALL BE PAID FIRST BY THE CLAIMANT. THE BOARD
MAY PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS
SUBSECTION.
* * *
(f) Sunset.--The Underground Storage Tank Environmental
Cleanup Program shall cease to exist on June 30, [2017] 2022,
unless it is reestablished by action of the General Assembly.
Section 711. Underground Storage Tank Pollution Prevention
20170HB0290PN2087 - 3 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Program.
* * *
(B) ALLOCATION.--THE BOARD MAY ALLOCATE UP TO [$1,000,000]
$350,000 ANNUALLY FROM THE UNDERGROUND STORAGE TANK
INDEMNIFICATION FUND FOR THE UNDERGROUND STORAGE TANK POLLUTION
PREVENTION PROGRAM AS LONG AS THE ALLOCATION DOES NOT IMPEDE THE
ACTUARIAL SOUNDNESS OF THE FUND'S ABILITY TO PAY CLAIMS.
* * *
(f) Sunset.--The Underground Storage Tank Pollution
Prevention Program shall cease to exist on June 30, [2017] 2022,
unless it is reestablished by action of the General Assembly.
SECTION 713. INVESTIGATION [AND], CLOSURE, COMPLIANCE AND
ENFORCEMENT COSTS.
(A) [INVESTIGATION AND CLOSURE REVIEW COSTS] GENERAL RULE.--
THE DEPARTMENT MAY REQUEST THE BOARD TO REIMBURSE THE DEPARTMENT
UP TO [$3,000,000] $7,000,000 ANNUALLY FOR ITS COSTS RELATED TO
INVESTIGATING, DETERMINING RESPONSIBILITY, OVERSEEING
REMEDIATION AND THIRD PARTY RESPONSE AND CLOSING OUT CASES OF
SPILLS AND LEAKS RELATED TO STORAGE TANKS AND FOR INSPECTING,
DETERMINING COMPLIANCE AND TAKING ENFORCEMENT ACTIONS AGAINST
OWNERS OF STORAGE TANKS BEGINNING IN FISCAL YEAR [2007-2008]
2017-2018.
* * *
Section 2. This act shall take effect in 60 days. AS
FOLLOWS:
(1) THE FOLLOWING SHALL TAKE EFFECT IMMEDIATELY:
(I) THIS SECTION.
(II) THE AMENDMENT OF SECTIONS 710(F) AND 711(F) OF
THE ACT.
SECTION 2. IF THIS SECTION TAKES EFFECT AFTER JUNE 30, 2017,
20170HB0290PN2087 - 4 -
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
THE FOLLOWING PROVISIONS SHALL APPLY RETROACTIVELY TO JUNE 30,
2017:
(1) THE AMENDMENT OF SECTION 710(F) OF THE ACT.
(2) THE AMENDMENT OF SECTION 711(F) OF THE ACT.
SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
IMMEDIATELY:
(I) THE AMENDMENT OF SECTION 710(F) OF THE ACT.
(II) THE AMENDMENT OF SECTION 711(F) OF THE ACT.
(III) SECTION 2 OF THIS ACT.
(IV) THIS SECTION.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
20170HB0290PN2087 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13