THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HUTCHINSON, CALTAGIRONE, CAUSER, CLYMER, ELLIS, EVERETT, GEORGE, HARRIS, HENNESSEY, HORNAMAN, MURT, OBERLANDER, PICKETT, PYLE, RAPP, REICHLEY, STERN AND VULAKOVICH, FEBRUARY 10, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 10, 2011  

AN ACT

Amending the act of May 31, 1945 (P.L.1198, No.418), entitled,

as amended, "An act providing for the conservation and

improvement of land affected in connection with surface

mining; regulating such mining; providing for the

establishment of an Emergency Bond Fund for anthracite deep

mine operators; and providing penalties," further providing

for Surface Mining Conservation and Reclamation Fund,

Remining Environmental Enhancement Fund, Remining Financial

Assurance Fund and department authority for awarding of

grants.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 18 of the act of May 31, 1945 (P.L.1198,

No.418), known as the Surface Mining Conservation and

Reclamation Act, is amended by adding a subsection to read:

Section 18.  Surface Mining Conservation and Reclamation

Fund; Remining Environmental Enhancement Fund; Remining

Financial Assurance Fund; Department Authority for Awarding of

Grants.--* * *

(a.5)  (1)  The department may use premium fees collected

after the effective date of this subsection for the purpose of

paying the costs associated with treating post-mining

pollutional discharges at ABS legacy sites.

(2)  For purposes of this subsection:

"ABS legacy site" means a mine site permitted under the

department's alternate bonding program that has a post-mining

pollutional discharge where the operator has defaulted on its

obligation to adequately treat the discharge and the bond or

other financial guarantee established for the mine site is

insufficient to cover the costs associated with treating the

discharge.

"Premium fee" means the fee collected for a sum-certain

financial guarantee needed to facilitate the implementation of

full-cost bonding.

* * *

Section 2.  This act shall take effect in 60 days.