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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY D. WHITE, MUSTO, ARGALL, RAFFERTY, BAKER, O'PAKE, FARNESE, WAUGH, M. WHITE, ALLOWAY, BRUBAKER, MENSCH AND WASHINGTON, JUNE 24, 2010 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 24, 2010 |
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| AN ACT |
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1 | Amending the act of March 1, 1988 (P.L.82, No.16), entitled "An |
2 | act providing for the establishment, implementation and |
3 | administration of the Pennsylvania Infrastructure Investment |
4 | Authority; imposing powers and duties on a board of trustees; |
5 | transferring the rights, powers, duties and obligations of |
6 | the Water Facilities Loan Board to the Pennsylvania |
7 | Infrastructure Investment Authority; providing for the |
8 | issuance of notes and bonds; providing for financial |
9 | assistance and for a comprehensive water facilities plan; |
10 | authorizing a referendum to incur indebtedness; making an |
11 | appropriation; and making repeals," further providing for |
12 | definitions and for financial assistance. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. The definitions of "department," "project" and |
16 | "secretary" in section 3 of the act of March 1, 1988 (P.L.82, |
17 | No.16), known as the Pennsylvania Infrastructure Investment |
18 | Authority Act, amended July 14, 2005 (P.L.299, No.51), are |
19 | amended and the section is amended by adding a definition to |
20 | read: |
21 | Section 3. Definitions. |
22 | The following words and phrases when used in this act shall |
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1 | have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | * * * |
4 | "Department." The Department of Environmental [Resources] |
5 | Protection of the Commonwealth. |
6 | * * * |
7 | "Project." The eligible costs associated with the |
8 | acquisition, construction, improvement, expansion, extension, |
9 | repair, rehabilitation or security measures of all or part of |
10 | any facility or system, whether publicly or[, in the case of |
11 | paragraph (1) or (2),] privately owned: |
12 | (1) for the collection, treatment or disposal of |
13 | wastewater, including industrial waste; |
14 | (2) for the supply, treatment, storage or distribution |
15 | of drinking water; |
16 | (3) for the control of storm water, which may include, |
17 | but need not be limited to, the transport, storage and the |
18 | infiltration of storm water; or |
19 | (4) for the best management practices to address [point |
20 | or] nonpoint source pollution [associated with storm water |
21 | runoff or any other innovative techniques identified in the |
22 | county-prepared watershed plans pursuant to the act of |
23 | October 4, 1978 (P.L.864, No.167), known as the Storm Water |
24 | Management Act] as identified in Pennsylvania's Nonpoint |
25 | Source Management Program Update, as required under section |
26 | 319(b) of the Federal Water Pollution Control Act (62 Stat. |
27 | 1155, 33 U.S.C. § 319(b)). |
28 | "Secretary." The Secretary of Environmental [Resources] |
29 | Protection of the Commonwealth. |
30 | * * * |
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1 | "Urban runoff." Storm water from areas defined as developed |
2 | in a county comprehensive plan prepared in accordance with the |
3 | act of July 31, 1968 (P.L.805, No.247), known as the |
4 | Pennsylvania Municipalities Planning Code. |
5 | * * * |
6 | Section 2. Section 10(b.1), (d) and (j) of the act, amended |
7 | or added December 16, 1992 (P.L.1137, No.149), are amended to |
8 | read: |
9 | Section 10. Financial assistance. |
10 | * * * |
11 | (b.1) Storm water projects.-- |
12 | (1) [In the case of storm water projects, only a |
13 | governmental unit may qualify for financial assistance under |
14 | this act. |
15 | (2) A storm water project] A storm water project |
16 | designed to manage urban runoff shall be eligible for funding |
17 | if: |
18 | (i) It is located within a watershed for which a |
19 | county has [not] adopted a watershed storm water |
20 | management plan and ordinances required to implement the |
21 | plan, as required by the Storm Water Management Act[, |
22 | shall be ineligible for financial assistance under this |
23 | act, except that: |
24 | (i) a storm water project within a watershed which |
25 | includes land in more than one county and for which the |
26 | department has required that a joint plan for the entire |
27 | watershed be submitted by the affected counties shall be |
28 | ineligible for financial assistance under this act only |
29 | if the county in which the project is located is found to |
30 | have failed to cooperate in the development of the joint |
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1 | plan; and |
2 | (ii) a storm water]; |
3 | (ii) The project is specifically designed to |
4 | maintain and/or improve existing water quality and to |
5 | comply with the National Pollutant Discharge Elimination |
6 | System (NPDES) storm water permitting requirements [shall |
7 | be eligible for financial support under this act. |
8 | This paragraph shall not apply to a]; or |
9 | (iii) The project is located in a municipality which |
10 | has enacted a storm water management ordinance that |
11 | requires land owners and any person engaged in the |
12 | alteration or development of land to implement measures |
13 | to ensure that the maximum rate of storm water runoff is |
14 | no greater after the development than prior to |
15 | development activities [or] and to manage the quantity, |
16 | velocity and direction of resulting storm water runoff in |
17 | a manner which otherwise adequately protects the health |
18 | and property of residents from possible injury as |
19 | required by the Storm Water Management Act. |
20 | [(3)] (2) A storm water project designed to manage urban |
21 | runoff located within a municipality which is not |
22 | implementing ordinances pursuant to a county-prepared and |
23 | department-approved watershed plan developed pursuant to the |
24 | act of October 4, 1978 (P.L.864, No.167), known as the Storm |
25 | Water Management Act, shall be ineligible. |
26 | (3) Projects designed to manage storm water that are not |
27 | considered urban runoff shall be considered a nonpoint source |
28 | project and must be consistent with Pennsylvania's Nonpoint |
29 | Source Management Program Update as required under section |
30 | 319(b) of the Federal Water Pollution Control Act (62 Stat. |
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1 | 1155, 33 U.S.C. § 319(b)). |
2 | * * * |
3 | (d) Small projects.-- |
4 | (1) The board shall establish a program of assistance to |
5 | water supply and sewage disposal systems serving communities |
6 | with a population of 12,000 people or less or systems having |
7 | hookups of 1,000 or less. |
8 | (2) The board shall establish a program to financially |
9 | assist storm water projects [by] for municipalities with a |
10 | population of 12,000 people or less. In addition to other |
11 | factors which the board in its discretion may consider in |
12 | assigning priorities under this program, preference shall be |
13 | given where the [municipality undertaking] community in which |
14 | the project is located: |
15 | (i) has no natural watercourse within its |
16 | boundaries; |
17 | (ii) relies on methods of storm water control which |
18 | do not comply with Federal or State rules, regulations or |
19 | standards; or |
20 | (iii) has been found to be subject to karst sinkhole |
21 | development or other geologic condition which poses a |
22 | danger to person or property and which may be aggravated |
23 | by uncontrolled storm water flows. |
24 | * * * |
25 | (j) Continuing education of operators.--No agreement with |
26 | individuals or entities shall be valid in the absence of an |
27 | agreement by the individuals or entities seeking assistance |
28 | under this act to assure that the system operators are |
29 | participating or will participate in continuing education |
30 | programs developed by the [Department of Environmental |
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1 | Resources] department. If the board determines that the system |
2 | operator of a system receiving assistance is not participating |
3 | in continuing education programs, the board shall take all steps |
4 | necessary to cease all financial assistance and recover all |
5 | prior payments, including, but not limited to, the immediate |
6 | repayment of any outstanding loans and interest and any grants. |
7 | The provisions of this subsection shall not apply to cases where |
8 | financial assistance is provided for storm water projects. |
9 | * * * |
10 | Section 3. This act shall take effect immediately. |
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