THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GEORGE, BARBIN, BELFANTI, CALTAGIRONE, CARROLL, DALEY, DERMODY, GOODMAN, HARHAI, JOSEPHS, KILLION, MAHONEY, MURPHY, READSHAW, ROSS, SIPTROTH, SOLOBAY, STURLA, WAGNER, WHITE, YOUNGBLOOD, YUDICHAK AND HALUSKA, JUNE 22, 2010

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 22, 2010  

AN ACT

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

act providing for the establishment, implementation and

administration of the Pennsylvania Infrastructure Investment

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

transferring the rights, powers, duties and obligations of

the Water Facilities Loan Board to the Pennsylvania

Infrastructure Investment Authority; providing for the

issuance of notes and bonds; providing for financial

assistance and for a comprehensive water facilities plan;

authorizing a referendum to incur indebtedness; making an

appropriation; and making repeals," further providing for

definitions and for financial assistance.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

No.16), known as the Pennsylvania Infrastructure Investment

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

amended and the section is amended by adding a definition to

read:

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Department."  The Department of Environmental [Resources]

Protection of the Commonwealth.

* * *

"Project."  The eligible costs associated with the

acquisition, construction, improvement, expansion, extension,

repair, rehabilitation or security measures of all or part of

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

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

(1)  for the collection, treatment or disposal of

wastewater, including industrial waste;

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

of drinking water;

(3)  for the control of storm water, which may include,

but need not be limited to, the transport, storage and the

infiltration of storm water; or

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

or] nonpoint source pollution [associated with storm water

runoff or any other innovative techniques identified in the

county-prepared watershed plans pursuant to the act of

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

Management Act] as identified in Pennsylvania's Nonpoint

Source Management Program Update, as required under section

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

1155, 33 U.S.C. § 1251 et seq.).

"Secretary."  The Secretary of Environmental [Resources]

Protection of the Commonwealth.

* * *

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

in a county comprehensive plan prepared in accordance with the

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

Pennsylvania Municipalities Planning Code.

* * *

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

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

amended to read:

Section 10.  Financial assistance.

* * *

(b.1)  Storm water projects.--

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

governmental unit may qualify for financial assistance under

this act.] A storm water project designed to manage urban

runoff shall be eligible for funding if:

[(2)  A storm water project] (i)  it is located

within a watershed for which a county has [not] adopted a

watershed storm water management plan and ordinances

required to implement the plan, as required by the Storm

Water Management Act[, shall be ineligible for financial

assistance under this act, except that:

(i)  a storm water project within a watershed which

includes land in more than one county and for which the

department has required that a joint plan for the entire

watershed be submitted by the affected counties shall be

ineligible for financial assistance under this act only

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

have failed to cooperate in the development of the joint

plan; and];

(ii)  [a storm water] the project is specifically

designed to maintain and/or improve existing water

quality and to comply with the National Pollutant

Discharge Elimination System (NPDES) storm water

permitting requirements [shall be eligible for financial

support under this act.

This paragraph shall not apply to a]; or

(iii)  the project is located in a municipality which

has enacted a storm water management ordinance that

requires land owners and any person engaged in the

alteration or development of land to implement measures

to ensure that the maximum rate of storm water runoff is

no greater after the development than prior to

development activities [or] and to manage the quantity,

velocity and direction of resulting storm water runoff in

a manner which otherwise adequately protects the health

and property of residents from possible injury as

required by the Storm Water Management Act.

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

runoff located within a municipality which is not

implementing ordinances pursuant to a county-prepared and

department-approved watershed plan developed under the Storm

Water Management Act shall be ineligible.

(3)  Projects designed to manage storm water that are not

considered urban runoff shall be considered a nonpoint source

project and must be consistent with Pennsylvania's Nonpoint

Source Management Program Update as required under section

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

1155, 33 U.S.C. § 1251 et seq.).

* * *

(d)  Small projects.--

* * *

(2)  The board shall establish a program to financially

assist storm water projects [by] for municipalities with a

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

factors which the board in its discretion may consider in

assigning priorities under this program, preference shall be

given [where] in the [municipality undertaking] community

where the project is located:

(i)  has no natural watercourse within its

boundaries;

(ii)  relies on methods of storm water control which

do not comply with Federal or State rules, regulations or

standards; or

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

development or other geologic condition which poses a

danger to person or property and which may be aggravated

by uncontrolled storm water flows.

* * *

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

individuals or entities shall be valid in the absence of an

agreement by the individuals or entities seeking assistance

under this act to assure that the system operators are

participating or will participate in continuing education

programs developed by the [Department of Environmental

Resources] department. If the board determines that the system

operator of a system receiving assistance is not participating

in continuing education programs, the board shall take all steps

necessary to cease all financial assistance and recover all

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

repayment of any outstanding loans and interest and any grants.

The provisions of this subsection shall not apply to cases where

financial assistance is provided for storm water projects.

* * *

Section 3. This act shall take effect immediately.