S0367B2209A11398     JKL:BTW  06/07/12     #90        A11398

  

  

  

  

AMENDMENTS TO SENATE BILL NO. 367

Printer's No. 2209

  

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Amend Bill, page 1, line 2, by striking out "and" where it

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occurs the first time

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Amend Bill, page 1, line 3, by inserting after "Education"

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; and providing for contractual and lease restrictions on

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the use of waivers and variances

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Amend Bill, page 5, by inserting between lines 17 and 18

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Section 4.1.  Contractual and lease restrictions on the use of

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waivers and variances.

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(a)  State system land.--The department may not enter into a

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contract or lease in the name of the Commonwealth under this act

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unless it contains a provision that a lessee or its assignees

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may not request a waiver or a variance from the Department of

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Environmental Protection regarding a location restriction

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provided in the law of this Commonwealth without explicit

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written consent of the department, the system and the specific

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system school. The Department of Environmental Protection shall

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publish notice in the Pennsylvania Bulletin of the application

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for a waiver or variance under this subsection.

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(b)  Certain land uses.--The department may not enter into a

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contract or lease in the name of the Commonwealth under this act

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unless it contains a provision that a lessee or its assignees

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may not request a waiver or a variance from the Department of

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Environmental Protection regarding a location restriction

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provided in the law of this Commonwealth for a building that is

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used as a residence, dormitory, student center, student health

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center, hospital, athletic facility, classroom, laboratory,

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auditorium, cafeteria, chapel or day care center.

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(c)  Certain water uses.--The department may not enter into a

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contract or lease in the name of the Commonwealth under this act

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unless it contains a provision that a lessee or its assignees

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may not request a waiver or a variance from the Department of

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Environmental Protection from a location restriction provided in

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the law of this Commonwealth regarding an existing water well,

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surface water intake, reservoir or other water supply extraction

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point used by a water purveyor or solid blue lined stream,

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spring or body of water as identified on the most current 7 1/2

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minute topographic quadrangle map of the United States

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Geological Survey.

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