Regular Session 2017-2018 House Bill 2454 P.N. 3591

PRINTER'S NO. 3591

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2454

Session of

2018

INTRODUCED BY FRITZ, PICKETT, MILLARD, CUTLER, HELM, SAYLOR,

WARD, B. MILLER, WHEELAND AND MOUL, JUNE 4, 2018

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

JUNE 4, 2018

AN ACT

Amending the act of April 9, 1929 (P.L.343, No.176), entitled,

as amended, "An act relating to the finances of the State

government; providing for cancer control, prevention and

research, for ambulatory surgical center data collection and

for the Joint Underwriting Association, providing for the

settlement, assessment, collection, and lien of taxes, bonus,

and all other accounts due the Commonwealth, the collection

and recovery of fees and other money or property due or

belonging to the Commonwealth, or any agency thereof,

including escheated property and the proceeds of its sale,

the custody and disbursement or other disposition of funds

and securities belonging to or in the possession of the

Commonwealth, and the settlement of claims against the

Commonwealth, the resettlement of accounts and appeals to the

courts, refunds of moneys erroneously paid to the

Commonwealth, auditing the accounts of the Commonwealth and

all agencies thereof, of all public officers collecting

moneys payable to the Commonwealth, or any agency thereof,

and all receipts of appropriations from the Commonwealth,

authorizing the Commonwealth to issue tax anticipation notes

to defray current expenses, implementing the provisions of

section 7(a) of Article VIII of the Constitution of

Pennsylvania authorizing and restricting the incurring of

certain debt and imposing penalties; affecting every

department, board, commission, and officer of the State

government, every political subdivision of the State, and

certain officers of such subdivisions, every person,

association, and corporation required to pay, assess, or

collect taxes, or to make returns or reports under the laws

imposing taxes for State purposes, or to pay license fees or

other moneys to the Commonwealth, or any agency thereof,

every State depository and every debtor or creditor of the

Commonwealth," in additional special funds, providing for

restricted accounts for Department of Environmental

Protection; and making related repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The heading of Article XVII-A.1 of the act of

April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, is

amended to read:

ARTICLE XVII-A.1

ADDITIONAL SPECIAL FUNDS

AND RESTRICTED ACCOUNTS

Section 2. Article XVII-A.1 of the act is amended by adding

a subarticle to read:

SUBARTICLE G

RESTRICTED ACCOUNTS FOR

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Section 1761-A.1. Safe Drinking Water Account.

(a) Continuation.--The Safe Drinking Water Account is

continued as a restricted account in the General Fund.

(b) Deposits.--The following shall be deposited into the

restricted account:

(1) All fines, fees and penalties collected under the

act of May 1, 1984 (P.L.206, No.43), known as the

Pennsylvania Safe Drinking Water Act.

(2) All fines, fees and penalties collected under the

act of July 6, 1989 (P.L.207, No.33), known as the Plumbing

System Lead Ban and Notification Act.

(3) Any other deposits, appropriations or transfers to

the account.

for the following purposes:

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(1) For use in protecting the public from the hazards of

unsafe drinking water under the Pennsylvania Safe Drinking

Water Act.

(2) For the purposes provided under the Plumbing System

Lead Ban and Notification Act.

(3) To implement the provisions of the act of March 16,

1992 (P.L.10, No.5), known as the Small Water Systems

Assistance Act.

(d) Annual appropriation.--Money in the restricted account

shall only be expended upon appropriation by law to the

Department of Environmental Protection in an appropriation bill

encompassing only appropriations to the department.

Section 1762-A.1. Radiation Protection Fund.

(a) Continuation.--The Radiation Protection Fund is

continued as a restricted account in the General Fund.

(b) Deposits.--The following shall be deposited into the

restricted account:

(1) Fees and penalties received under sections 401 and

402(b.1)(1), (2), (3) and (4) of the act of July 10, 1984

(P.L.688, No.147), known as the Radiation Protection Act.

(2) Costs recovered under section 402(b.2) of the

Radiation Protection Act.

(3) Fees under section 8 of the act of July 9, 1987

(P.L.238, No.43), known as the Radon Certification Act.

as appropriated annually by the General Assembly to the

Department of Environmental Protection for the purpose of

carrying out its powers and duties under the Radiation

Protection Act.

(d) Annual appropriation.--Money in the restricted account

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shall only be expended upon appropriation by law to the

Department of Environmental Protection in an appropriation bill

encompassing only appropriations to the department.

Section 1763-A.1. Clean Water Fund.

(a) Continuation.--The Clean Water Fund is continued as a

restricted account in the General Fund.

(b) Deposits.--The following shall be deposited into the

restricted account:

(1) All fines collected under penal provisions of the

act of June 22, 1937 (P.L.1987, No.394), known as The Clean

Streams Law.

(2) All civil penalties collected under section 605 of

The Clean Streams Law.

(3) All permit fees under The Clean Streams Law, except

those imposed under sections 202, 203 and 207 of that act.

(4) All bond forfeitures and costs recovered under

section 315 of The Clean Streams Law.

(5) All fines and penalties collected under the

provisions of the act of May 28, 1992 (P.L.249, No.41), known

as the Sewage System Cleaner Control Act.

(6) Amounts paid into the restricted account under

section 18(a)(3) of the act of May 31, 1945 (P.L.1198,

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

Reclamation Act.

as appropriated annually by the General Assembly to the

Department of Environmental Protection for the following

purposes:

(1) For the elimination of pollution under The Clean

Streams Law.

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(2) For the purposes of 27 Pa.C.S. Chapter 31 (relating

to water resources planning).

(d) Annual appropriation.--Money in the restricted account

shall only be expended upon appropriation by law to the

Department of Environmental Protection in an appropriation bill

encompassing only appropriations to the department.

Section 1764-A.1. Solid Waste Abatement Fund.

(a) Continuation.--The Solid Waste Abatement Fund is

continued as a restricted account in the General Fund.

(b) Deposits.--The following shall be deposited into the

restricted account:

(1) All fines, penalties and bond forfeitures collected

under the provisions of the act of July 7, 1980 (P.L.380,

No.97), known as the Solid Waste Management Act.

(2) Any amount transferred under section 706(d) of the

act of July 28, 1988 (P.L.556, No.101), known as the

Municipal Waste Planning, Recycling and Waste Reduction Act.

(3) Fines deposited under section 1709(b) of the

Municipal Waste Planning, Recycling and Waste Reduction Act.

(4) Proceeds deposited under section 1715(a) of the

Municipal Waste Planning, Recycling and Waste Reduction Act.

(5) Any other deposits, appropriations or transfers to

the restricted account.

for the elimination of present or potential hazards to human

health or to the environment from the improper treatment,

transportation, storage, processing or disposal of solid wastes

and for the enforcement of the Solid Waste Management Act.

(d) Annual appropriation.--Money in the restricted account

shall only be expended upon appropriation by law to the

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Department of Environmental Protection in an appropriation bill

encompassing only appropriations to the department.

Section 1765-A.1. Oil and Gas Regulation Restricted Account.

(a) Establishment.--The Oil and Gas Regulation Restricted

Account is established as a restricted account in the General

Fund.

(b) Deposits.--The following shall be deposited into the

restricted account:

(1) Fines, civil penalties and permit and registration

fees collected under 58 Pa.C.S. Ch. 32 (relating to

development).

(2) Any unexpended balance in the Orphan Well Plugging

Fund established under 58 Pa.C.S. § 3271(c) (relating to well

plugging funds) as of the effective date of this section.

(3) Any other deposits, appropriations or transfers to

the restricted account.

to carry out the purposes of 58 Pa.C.S. Ch 32.

(d) Annual appropriation.--Money in the restricted account

shall only be expended upon appropriation by law to the

Department of Environmental Protection in an appropriation bill

encompassing only appropriations to the department.

Section 1766-A.1. Abandoned Well Plugging Fund.

(a) Establishment.--The Abandoned Well Plugging Fund is

continued as a restricted revenue account in the General Fund.

(b) Deposits.--The following shall be deposited into the

restricted revenue account:

(1) The $50 surcharge under 58 Pa.C.S. § 3271(b)

(relating to well plugging funds).

(2) Any other deposits, appropriations or transfers to

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the restricted revenue account.

be used to plug abandoned wells threatening the health and

safety of persons or property or causing pollution of waters of

this Commonwealth.

(d) Annual appropriation.--Money in the restricted revenue

account shall only be expended upon appropriation by law to the

Department of Environmental Protection in an appropriation bill

encompassing only appropriations to the department.

Section 1767-A.1. Orphaned Well Plugging Fund.

(a) Establishment.--The Orphaned Well Plugging Fund is

continued as a restricted revenue account in the General Fund.

(b) Deposits.--The following shall be deposited into the

restricted revenue account:

(1) The $100 surcharges on wells to be drilled for oil

production and the $200 surcharge for wells to be drilled for

gas production under 58 Pa.C.S. § 3271(c) (relating to well

plugging funds)

(2) Any other deposits, appropriations or transfers to

the restricted revenue account.

be used to plug orphan wells threatening the health and safety

of persons or property or causing pollution of waters of this

Commonwealth.

(d) Annual appropriation.--Money in the restricted revenue

account shall only be expended upon appropriation by law to the

Department of Environmental Protection in an appropriation bill

encompassing only appropriations to the department.

Section 1768-A.1. Industrial Land Recycling Fund.

(a) Continuation.--The Industrial Land Recycling Fund is

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continued as a restricted account in the General Fund.

(b) Deposits.--The following shall be deposited into the

restricted account:

(1) Any fines and penalties assessed under the act of

May 19, 1995 (P.L.4, No.2), known as the Land Recycling and

Environmental Remediation Standards Act.

(2) Any fee authorized under 27 Pa.C.S. § 6515 (relating

to Environmental Quality Board)

(3) Any other deposits, contributions, appropriations or

transfers to the restricted account.

for the purpose of implementing the Land Recycling and

Environmental Remediation Standards Act.

(d) Annual appropriation.--Money in the restricted account

shall only be expended upon appropriation by law to the

Department of Environmental Protection in an appropriation bill

encompassing only appropriations to the department.

(e) Annual report.--The Department of Environmental

Protection shall, on October 1 of each year, report to the

General Assembly on the expenditures and commitments made from

the Industrial Land Recycling Fund.

Section 1769-A.1. Waste Transportation Safety Account.

(a) Continuation.--The Waste Transportation Safety Account

is continued as a restricted account in the General Fund.

(b) Deposits.--The following shall be deposited into the

restricted account.

(1) All fees, fines and penalties collected under the

provisions of 27 Pa.C.S. Ch. 62 (relating to waste

transportation safety).

(2) All penalties and assessments deposited under 27

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Pa.C.S. § 6206(b) (relating to responsibilities of municipal

or residual waste processing or disposal facilities).

(3) All fines and penalties deposited under 27 Pa.C.S. §

6207(c) (relating to enforcement).

(4) All fines and penalties deposited under 27 Pa.C.S. §

6208(f) and (g) (relating to penalties).

(5) Any other deposits, contributions, appropriations or

transfers to the restricted account.

for the administration and enforcement of the Waste

Transportation Safety Program under 27 Pa.C.S. Ch. 62, including

the inspection of waste transportation vehicles and reimbursing

the Pennsylvania State Police and the Department of

Transportation for their costs in administering and enforcing

the provisions of 27 Pa.C.S. Ch. 62.

(d) Annual appropriation.--Money in the restricted account

shall only be expended upon appropriation by law to the

Department of Environmental Protection in an appropriation bill

encompassing only appropriations to the department.

Section 1770-A.1. Electronic Materials Recycling Account.

(a) Continuation.--The Electronic Materials Recycling

Account is continued as a restricted account in the General

Fund.

(b) Deposits.--The following shall be deposited into the

restricted account:

(1) All proceeds resulting from manufacturers'

registration fees, renewal fees, penalties and judicial

actions under the act of November 23, 2010 (P.L.1083,

No.108), known as the Covered Device Recycling Act.

(2) Any other deposits, contributions, appropriations or

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transfers to the restricted account.

to carry out the duties imposed on the Department of

Environmental Protection under the Covered Device Recycling Act.

(d) Annual appropriation.--Money in the restricted account

shall only be expended upon appropriation by law to the

Department of Environmental Protection in an appropriation bill

encompassing only appropriations to the department.

Section 3. Repeals are as follows:

(1) The General Assembly finds that the repeals under

paragraphs (2), (3) and (4) are necessary to effectuate the

addition of section 1761-A.1 of the act.

(2) Section 14 of the act of May 1, 1984 (P.L.206,

No.43), known as the Pennsylvania Safe Drinking Water Act, is

repealed.

(3) Section 15 of the act of July 6, 1989 (P.L.207,

No.33), known as the Plumbing System Lead Ban and

Notification Act, is repealed.

(4) Section 15 of the act of March 16, 1992 (P.L.10,

No.5), known as the Small Water Systems Assistance Act, is

repealed to the extent it is inconsistent with section 1761-

A.1 of the act.

(5) The General Assembly finds that the repeal under

paragraph (6) is necessary to effectuate the addition of

section 1762-A.1 of the act.

(6) Section 403(a) of the act of July 10, 1984 (P.L.688,

No.147), known as the Radiation Protection Act, is repealed.

(7) The General Assembly finds that the repeals under

paragraphs (8) and (9) are necessary to effectuate the

addition of section 1763-A.1 of the act.

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(8) The provisions of 27 Pa.C.S. § 3131(e) are repealed.

(9) Section 13 of the act of May 28, 1992 (P.L.249,

No.41), known as the Sewage System Cleaner Control Act, is

repealed.

(10) The General Assembly declares that the repeal under

paragraph (11) is necessary to effectuate the addition of

section 1764-A.1 of the act.

(11) Section 701 of the act of July 7, 1980 (P.L.380,

No.97), known as the Solid Waste Management Act, is repealed.

(12) The General Assembly declares that the repeal under

paragraph (13) is necessary to effectuate the addition of

section 1765-A.1 of the act.

(13) The provisions of 58 Pa.C.S. § 3271(a) are

repealed.

(14) The General Assembly declares that the repeal under

paragraph (15) is necessary to effectuate the addition of

section 1766-A.1 of the act.

(15) The second sentence of 58 Pa.C.S. § 3271(b) is

repealed.

(16) The General Assembly declares that the repeal under

paragraph (17) is necessary to effectuate the addition of

section 1767-A.1 of the act.

(17) The first and third sentences of 58 Pa.C.S. §

3271(c)(1) and paragraphs (2) and (3) are repealed.

(18) The General Assembly declares that the repeal under

paragraph (19) is necessary to effectuate the addition of

section 1768-A.1 of the act.

(19) Section 701 of the act of May 19, 1995 (P.L.4,

No.2), known as the Land Recycling and Environmental

Remediation Standards Act, is repealed.

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(20) The General Assembly declares that the repeal under

paragraph (21) is necessary to effectuate the addition of

section 1769-A.1 of the act.

(21) The provisions of 27 Pa.C.S. § 6204(l) are

repealed.

(22) The General Assembly declares that the repeal under

paragraph (23) is necessary to effectuate the addition of

section 1770-A.1 of the act.

(23) Section 510 of the act of November 23, 2010

(P.L.1083, No.108), known as the Covered Device Recycling

Act, is repealed.

Section 4. This act shall take effect July 1, 2018, or

immediately, whichever is later.

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