PRINTER'S NO. 1430
No. 1176 Session of 1997
INTRODUCED BY GERLACH, OCTOBER 27, 1997
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 27, 1997
AN ACT
1 Amending the act of June 28, 1995 (P.L.89, No.18), entitled "An
2 act creating the Department of Conservation and Natural
3 Resources consisting of certain functions of the Department
4 of Environmental Resources and the Department of Community
5 Affairs; renaming the Department of Environmental Resources
6 as the Department of Environmental Protection; defining the
7 role of the Environmental Quality Board in the Department of
8 Environmental Protection; making changes to responsibilities
9 of the State Conservation Commission and the Department of
10 Agriculture; transferring certain powers and duties to the
11 Department of Health; and repealing inconsistent acts,"
12 providing for the development by the Department of
13 Environmental Protection of a comprehensive plan for
14 protection, conservation, management and development of water
15 resources within this Commonwealth.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The title of the act of June 28, 1995 (P.L.89,
19 No.18), known as the Conservation and Natural Resources Act, is
20 amended to read:
21 Creating the Department of Conservation and Natural Resources
22 consisting of certain functions of the Department of
23 Environmental Resources and the Department of Community
24 Affairs; renaming the Department of Environmental Resources
1 as the Department of Environmental Protection; defining the
2 role of the Environmental Quality Board in the Department of
3 Environmental Protection; making changes to responsibilities
4 of the State Conservation Commission and the Department of
5 Agriculture; transferring certain powers and duties to the
6 Department of Health; providing for a comprehensive water
7 resources plan; and repealing inconsistent acts.
8 Section 2. Section 101 is amended by adding subsections to
9 read:
10 Section 101. Findings and statement of purpose.
11 * * *
12 (a.1) Additional findings and purpose.--The General Assembly
13 further finds and declares that development of a comprehensive
14 plan will facilitate protection, conservation, management and
15 development of this Commonwealth's water resources.
16 * * *
17 (b.1) Statement of additional intent.--It is the intent of
18 the General Assembly and an additional purpose of this act to
19 charge the Department of Environmental Protection with the
20 responsibility to develop a comprehensive water resources plan
21 to safeguard these resources for generations yet to come.
22 Section 3. The act is amended by adding a chapter to read:
23 CHAPTER 7
24 STATE WATER RESOURCES PLAN
25 Section 701. Definitions.
26 The following words and phrases when used in this chapter
27 shall have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Comprehensive plan." A strategy for protection,
30 conservation, management and development of this Commonwealth's
19970S1176B1430 - 2 -
1 water resources prepared under this chapter.
2 "Department." The Department of Environmental Protection of
3 the Commonwealth.
4 "Integrated water resources plan." A plan adopted by
5 municipalities under Article VIII-B of the act of July 31, 1968
6 (P.L.805, No.247), known as the Pennsylvania Municipalities
7 Planning Code.
8 "River basin commission plan." A comprehensive plan for the
9 immediate and long-range development and use of the water
10 resources of an area drained by a river formulated and adopted
11 by a body corporate and politic of which the Commonwealth is a
12 member.
13 "Special management area." A geographic zone defined by
14 natural features or other criteria established by the Department
15 of Environmental Protection by regulation where there is a
16 significant risk of groundwater depletion or degradation from
17 activities conducted at or near the land surface.
18 Section 702. Survey and study.
19 (a) Purpose.--The department shall undertake a survey and
20 study of the water resources of this Commonwealth for the
21 purpose of preparing the comprehensive plan. State agencies,
22 boards and commissions and municipalities shall cooperate with
23 the department to facilitate the survey and study.
24 (b) Duplication not required.--The department may use
25 existing water resources plans, surveys and studies, updating
26 them as may be necessary, in its preparation of the
27 comprehensive plan.
28 (c) Assistance.--The department may seek the assistance and
29 cooperation of the Federal Government and appropriate agencies
30 of other states in preparing the comprehensive plan.
19970S1176B1430 - 3 -
1 Section 703. Participation by public.
2 (a) Notice of commencement.--The department shall publish
3 notice of intention to prepare the comprehensive plan in the
4 Pennsylvania Bulletin. The notice shall also contain the
5 following:
6 (1) A brief description of the methodology that will be
7 employed to prepare the comprehensive plan.
8 (2) A tentative schedule for completion of significant
9 components of the comprehensive plan.
10 (3) An invitation for the public to comment on
11 preparation of the comprehensive plan.
12 (b) Public hearings.--During preparation of the
13 comprehensive plan, the department shall give notice of and
14 conduct public hearings on such aspects of the comprehensive
15 plan as may, in its discretion, warrant participation by the
16 public.
17 Section 704. Contents of comprehensive plan.
18 The plan shall include, but not be limited to, the following:
19 (1) Identification of existing water resources,
20 including water resources that originate outside basins or
21 subbasins.
22 (2) Identification of existing uses of water resources,
23 including consumptive and conjunctive uses.
24 (3) An estimate of future trends in uses of water,
25 including population and land use projections.
26 (4) Identification of the capacity of basins and
27 subbasins to provide adequate supplies to meet anticipated
28 demands by both withdrawal and nonwithdrawal users.
29 (5) A catalog of water resource shortfalls, potential
30 conflicts among users and basin and subbasin areas that
19970S1176B1430 - 4 -
1 require special management.
2 (6) Consideration of points of discharge of wastewater
3 to the subsurface and to rivers and streams.
4 (7) Programs and procedures, including conservation,
5 based upon principles of sound hydrologic management of
6 water, effective environmental protection and efficient
7 management, to address water resource problems.
8 Section 705. Regional and local plans.
9 (a) River basin plans and compacts.--The comprehensive plan
10 shall take into account and correlate with river basin
11 commission plans and plans adopted under multistate compacts for
12 conservation and management of water resources.
13 (b) Integrated water resources plans.--To the fullest extent
14 feasible, the comprehensive plan shall incorporate integrated
15 water resources plans.
16 Section 706. Special management areas.
17 (a) Identification in comprehensive plan.--The department in
18 its preparation of the comprehensive plan shall identify
19 locations that require special management to protect and
20 conserve water resources.
21 (b) Designation.--
22 (1) A special management area may be included in or
23 added to the comprehensive plan under this subsection.
24 (2) Following identification of an area that requires
25 special management, the department shall determine its
26 boundaries and declare its intent to designate a special
27 management area. Notice of intent shall be published in the
28 Pennsylvania Bulletin, and the public shall be afforded a
29 reasonable opportunity, not less than 60 days, to submit
30 comments to the department. Notice of intent shall also be
19970S1176B1430 - 5 -
1 published for two successive weeks in a newspaper of general
2 circulation within the proposed special management area. The
3 notice shall also contain the date, time and a location
4 within the proposed special management area of a public
5 hearing where the department will receive testimony and hear
6 arguments in support of and in opposition to its proposal.
7 (3) (i) Within 90 days after the period for public
8 comment has expired or within 90 days after the
9 conclusion of the public hearing, whichever is later, the
10 department shall designate the location as a special
11 management area if it finds any of the following:
12 (A) Current or projected demands and uses of
13 water resources exceed or threaten to exceed the safe
14 yield of water resources.
15 (B) Current or projected demands and uses of
16 water resources are consumptive uses that threaten
17 identified or existing uses and preservation of water
18 resources.
19 (C) Current or projected demands and uses of
20 water resources have reduced or will reduce the
21 quantity of water below the level required to meet
22 needs.
23 (D) Current or projected demands and uses of
24 water resources conflict with provisions of the
25 comprehensive plan or its implementation or conflict
26 with an interstate river basin commission plan.
27 (ii) In making a finding under this paragraph, the
28 department shall take into account the provisions of an
29 integrated water resources plan that lies within or is
30 adjacent to the proposed special management area.
19970S1176B1430 - 6 -
1 Section 707. Effect of special management area designation.
2 (a) Powers of department.--
3 (1) After a location has been designated a special
4 management area, the department may do the following with
5 regard to the area:
6 (i) Impose such management controls as the
7 Environmental Quality Board, by regulation, may
8 establish. Management controls shall be calculated to
9 conserve, develop, protect and regulate water resources
10 within the special management area and may include
11 requiring a permit from the department before a person
12 may make a surface or groundwater withdrawal.
13 (ii) Impose fees, as fixed by the Environmental
14 Quality Board by regulation in an amount that will fully
15 reimburse the department for its costs in administering
16 management controls, against persons and entities who
17 benefit from imposition of management controls.
18 (2) Where appropriate, implementation of management
19 controls shall be undertaken in cooperation with a river
20 basin commission or a commission operating under a multistate
21 compact to avoid duplication of effort and jurisdictional
22 conflicts.
23 (3) If a special management area lies within the
24 boundaries of an integrated water resources plan, the
25 department shall cooperate and interact with the
26 municipalities that adopted the plan to implement and
27 administer management controls.
28 (b) Municipal powers.--After a location has been designated
29 a special management area, a municipality that lies in whole or
30 in part within the area may enact zoning and other land use
19970S1176B1430 - 7 -
1 ordinances under the act of July 31, 1968 (P.L.805, No.247),
2 known as the Pennsylvania Municipalities Planning Code, to
3 protect, conserve, manage and develop water resources within the
4 portion of the special management area that lies within its
5 municipal boundaries. An ordinance adopted under this subsection
6 may not conflict with management controls imposed by the
7 department and shall be effective only in the municipality that
8 enacts it.
9 Section 708. Completion of comprehensive plan.
10 (a) Preliminary comprehensive plan.--After it completes its
11 survey and study of this Commonwealth's water resources, the
12 department shall prepare a preliminary comprehensive plan. The
13 preliminary comprehensive plan shall be made available for
14 public inspection at convenient locations throughout this
15 Commonwealth and the public shall be afforded the opportunity to
16 comment on it.
17 (b) Final comprehensive plan.--The department shall complete
18 a final comprehensive plan within five years of the effective
19 date of this chapter.
20 (c) Update of comprehensive plan.--After the final
21 comprehensive plan is complete, the department shall thereafter
22 revise and update the comprehensive plan every ten years.
23 Section 4. This act shall take effect immediately.
J14L27WMB/19970S1176B1430 - 8 -