H1705B2255A05324 DMS:JB 01/14/08 #90 A05324
AMENDMENTS TO HOUSE BILL NO. 1705
Sponsor: REPRESENTATIVE SONNEY
Printer's No. 2255
1 Amend Title, page 1, line 3, by striking out "and"
2 Amend Title, page 1, line 5, by inserting after
3 "Commonwealth"
4 , the Department of Environmental Protection, the
5 Environmental Quality Board
6 Amend Title, page 1, line 5, by removing the period after
7 "Compact" and inserting
8 ; and imposing penalties.
9 Amend Sec. 2, page 1, line 11, by striking out "Authority to
10 execute" and inserting
11 Enactment of
12 Amend Sec. 2, page 1, line 16, by inserting after "compact"
13 and enacts such compact into law
14 Amend Bill, page 47, lines 17 through 30; page 48, lines 1
15 through 17, by striking out all of said lines on said pages and
16 inserting
17 Section 3. Implementation of compact.
18 The compact shall be effectuated and implemented in
19 Pennsylvania in accordance with sections 4, 5, 6, 7, 8, 9 and 10
20 of this act, when the compact is ratified and becomes binding
21 and effective pursuant to section 9.4 of the compact.
22 Section 4. Additional definitions.
23 (a) General rule.--All words and phrases used in this act
24 which are defined in section 1.1 of the compact shall have the
25 meanings set forth in the compact.
26 (b) Definitions.--The following words and phrases when used
27 in this act shall have the meanings given to them in this
28 section unless the context clearly indicates otherwise:
29 "Confidential information." The term as defined in 27
1 Pa.C.S. § 3102 (relating to definitions).
2 "Department." The Department of Environmental Protection of
3 the Commonwealth.
4 "Environmental Hearing Board Act." The act of July 13, 1988
5 (P.L.530, No.94), known as the Environmental Hearing Board Act.
6 "Environmental Hearing Board." The board established
7 pursuant to the act of July 13, 1988 (P.L.530, No.94), known as
8 the Environmental Hearing Board Act.
9 "Environmental Quality Board." The board established
10 pursuant to section 1920-A of the act of April 9, 1929 (P.L.177,
11 No.175), known as The Administrative Code of 1929.
12 "Safe Drinking Water Act." The act of May 1, 1984 (P.L.206,
13 No.43), known as the Pennsylvania Safe Drinking Water Act.
14 "Water Rights Law." The act of June 24, 1939 (P.L.842,
15 No.365), referred to as the Water Rights Law.
16 Section 5. Powers and duties of department.
17 The department shall have the power and duty to implement and
18 enforce the compact, and to carry out the functions, powers and
19 duties contained in the compact which are assigned to
20 Pennsylvania as a party to the compact, consistent with
21 regulations adopted by the Environmental Quality Board and the
22 provisions of this act. The department shall have the power and
23 duty to:
24 (1) Administer and implement the programs for water
25 resources inventory, registration and reporting required
26 under section 4.1 of the compact, through the water use
27 registration and reporting program and regulations
28 established pursuant to 27 Pa.C.S. § 3118 (relating to water
29 use registration and reporting) and section 6 of this act.
30 (2) Administer and implement within the basin a water
31 conservation and efficiency program required under section
32 4.2 of the compact. Such program shall be a voluntary
33 program, utilizing the provisions of 27 Pa.C.S. § 3120
34 (relating to water conservation).
35 (3) Review and act upon proposals for new or increased
36 water withdrawals, consumptive uses or diversions and, if
37 approved, specify reasonable terms and conditions thereof. In
38 assessing the impacts of a withdrawal or consumptive use
39 proposal under the decision-making standard in section
40 4.11(2) of the compact, the department shall consider the
41 impacts to the waters and water-dependent natural resources
42 of the basin as a whole and the applicable source watershed
43 to be either the watershed of Lake Erie or Lake Ontario, as a
44 whole, whichever is the watershed from which water is
45 proposed to be withdrawn.
46 (4) Conduct inspections and enforce the provisions of
47 the compact and this act.
48 Section 6. Powers and duties of Environmental Quality Board.
49 The Environmental Quality Board shall have the power and duty
50 to adopt regulations as reasonably necessary to implement and
51 enforce the compact and the management programs required by the
52 compact and this act. Such regulations may include rules
53 establishing:
54 (1) Criteria and procedures for review and approval of
55 proposals for water withdrawals, consumptive uses or
56 diversions consistent with the standard of review and
57 decision set forth in the compact. For purposes of section
58 4.10 of the compact, the threshold for management and
59 regulation shall be as follows:
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1 (i) any new or increased withdrawal from the basin
2 in an amount that equals or exceeds 100,000 gallons per
3 day averaged over any 90-day period;
4 (ii) any new or increased consumptive use of water
5 withdrawn from the basin in an amount which equals or
6 exceeds 5,000,000 gallons per day averaged over any 90-
7 day period; or
8 (iii) any new or increased diversion of water from
9 the basin.
10 (2) Criteria and procedures for establishing the
11 baseline amount of existing withdrawals, consumptive uses and
12 diversions, consistent with section 8 of this act.
13 (3) Reasonable fees for processing of applications for
14 proposals subject to review and approval by the department.
15 Such fees shall bear a reasonable relationship to the actual
16 cost of administering the program.
17 The Environmental Quality Board shall not adopt rules to
18 implement any mandatory program governing water conservation and
19 efficiency pursuant to section 4.2 of the compact, unless the
20 General Assembly enacts legislation specifically authorizing the
21 adoption of such regulations or implementation of a mandatory
22 program.
23 Section 7. Process for amendment of standard of review and
24 decision.
25 (a) Substantive amendments.--No regulation adopted by the
26 council pursuant to section 3.1 of the compact which revises the
27 standard of review and decision as set forth in the compact
28 shall be deemed duly-adopted in accordance with the statutory
29 authorities and applicable procedures of this Commonwealth
30 unless such regulation is approved by enactment of the General
31 Assembly.
32 (b) Exceptions.--Subsection (a) shall not apply to a
33 regulation adopted pursuant to section 3.3 of the compact which
34 interprets, explains or provides for administration of the
35 standard of review and decision as set forth in the compact, but
36 does not substantively revise the standard of review and
37 decision.
38 (c) Prior notification to General Assembly.--The
39 Commonwealth's representative to the council shall provide prior
40 notice to and consultation with the chairman and minority
41 chairman of the Environmental Resources and Energy Committee of
42 the Senate and the chairman and minority chairman of the
43 Environmental Resources and Energy Committee of the House of
44 Representatives and the members of the General Assembly
45 representing the affected districts regarding any proposed
46 revision by the council to the standard of review and decision.
47 Such notice and consultation shall occur within 30 days of the
48 issuance of the proposed revision by the council.
49 Section 8. Baseline for determining new or increased
50 withdrawals, consumptive uses or diversions.
51 (a) Basis for determining baseline.--The baseline amount of
52 existing withdrawals, consumptive uses or diversions shall be
53 the larger of either of the following:
54 (1) the applicable withdrawal limitation specified in a
55 permit issued under the Water Rights Law or the Safe Drinking
56 Water Act; or
57 (2) the physical capacity of the existing systems,
58 considering withdrawal capacity, treatment capacity,
59 distribution capacity or other capacity-limiting factors.
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1 (b) Process.--The department shall prepare a proposed
2 listing of baseline amounts and provide notice of such proposed
3 list to the public and to the owner and operator of each
4 affected facility. The notice shall provide at least 30 days for
5 public comment. After consideration of such comments, the
6 department shall provide written notice of the final list to the
7 owner and operator of each affected facility and to the public.
8 An action of the department determining a baseline amount
9 adversely affecting a person shall be subject to appeal to the
10 Environmental Hearing Board in accordance with the provisions of
11 the Environmental Hearing Board Act. Based upon the final
12 resolution of any such appeal, the department shall submit to
13 the regional body and council a revised list, if required, to
14 reflect the baseline amount determined pursuant to such appeal.
15 Section 9. Confidential information.
16 Information required to be submitted to the department or any
17 other Commonwealth agency pursuant to the compact shall be
18 subject to the provisions of 27 Pa.C.S. § 3119 (relating to
19 confidential information). Pursuant to section 8.3 of the
20 compact, the department and any other Commonwealth agency
21 distributing information to the council or other parties shall
22 take such measures, including, but not limited to, deletion and
23 redaction, deemed necessary to protect confidential information.
24 Section 10. Civil penalties.
25 For purposes of implementing section 7.3.2.A of the compact,
26 upon a complaint brought by the department, the council or any
27 party to the compact, the Environmental Hearing Board or any
28 court of competent jurisdiction may assess a civil penalty upon
29 any person who violates the compact or this act. The maximum
30 civil penalty that may be assessed is $5,000 per day for each
31 violation. Each violation of any provision of the compact or
32 this act, and each violation for each separate day, shall
33 constitute a separate offense. In determining the amount of a
34 civil penalty, the Environmental Hearing Board or court shall
35 consider the degree of willfulness or negligence, the duration
36 of the violation, savings resulting to the person as the result
37 of the violation, damage to the water resources or water-related
38 natural resources resulting from the violation, cooperation by
39 the alleged violator in correcting any violations or related
40 impacts and other relevant factors.
41 Amend Sec. 5, page 48, line 18, by striking out "5" and
42 inserting
43 11
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