HOUSE AMENDED
PRIOR PRINTER'S NO. 925 PRINTER'S NO. 2232
No. 849 Session of 1981
INTRODUCED BY HAGER, MOORE, REIBMAN, STAUFFER, JUBELIRER,
SHAFFER, HESS, PECORA, KUSSE, HELFRICK, MANBECK, WILT,
FISHER, CORMAN, O'CONNELL, GEKAS, LOEPER, HOLL, STAPLETON,
LEWIS, ROSS, LINCOLN, MELLOW, SMITH, LYNCH, ZEMPRELLI, SINGEL
AND KELLEY, JUNE 2, 1981
AS REPORTED FROM COMMITTEE ON CONSERVATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 17, 1982
AN ACT
1 Authorizing the incurring of indebtedness, with approval of the <--
2 electors, of $300,000,000 for the repair, reconstruction,
3 rehabilitation and improvement of community water supply
4 systems, flood control facilities, dams and port facilities
5 and providing the allotment of proceeds from borrowing
6 hereunder.
7 AMENDING THE ACT OF JANUARY 19, 1968 (1967 P.L.996, NO.443), <--
8 ENTITLED "AN ACT AUTHORIZING THE CREATION OF INDEBTEDNESS OF
9 FIVE HUNDRED MILLION DOLLARS FOR THE CONSERVATION AND
10 RECLAMATION OF LAND AND WATER RESOURCES; DEFINING THE POWERS
11 AND DUTIES OF CERTAIN OFFICES, AGENCIES AND POLITICAL
12 SUBDIVISIONS; PROVIDING FOR THE ALLOTMENT OF PROCEEDS
13 HEREUNDER INCLUDING COMMONWEALTH GRANTS; PRESCRIBING
14 STANDARDS AND MAKING APPROPRIATIONS," GRANTING THE SECRETARY
15 OF ENVIRONMENTAL RESOURCES THE RIGHT TO ENTER CERTAIN
16 PREMISES FOR THE PURPOSE OF CONSERVING AND RECLAIMING LAND
17 AND WATER RESOURCES; PROVIDING FOR THE LIENS UPON SUCH LAND;
18 PROVIDING FOR THE PROMULGATION OF RULES AND REGULATIONS AND
19 PROVIDING FOR RIGHTS OF RECOVERY FOR ABATEMENT OF EMERGENCY
20 CONDITIONS; ESTABLISHING AN ACCOUNT TO RECEIVE AND DISBURSE
21 FEDERAL FUNDS; AND REAPPROPRIATING LAPSED FUNDS.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. The question of incurring indebtedness of <--
25 $300,000,000 for loans for the repair, reconstruction and
1 rehabilitation of community water supply systems, flood control
2 facilities, dams and port facilities shall be submitted to the
3 electors at the next primary, municipal or general election
4 following enactment of this act.
5 Section 2. The Secretary of the Commonwealth shall forthwith
6 certify the question to the county boards of election.
7 Section 3. The question shall be in substantially the
8 following form:
9 Do you favor the incurring of indebtedness by the
10 Commonwealth of $300,000,000 for use as loans to repair,
11 reconstruct and rehabilitate water supply systems, flood
12 control facilities, dams and port facilities in order to
13 improve the health, safety and economic well-being of the
14 people of the Commonwealth?
15 Section 4. The election shall be conducted in accordance
16 with the act of June 3, 1937 (P.L.1333, No.320), known as the
17 "Pennsylvania Election Code," except that the time limits for
18 advertisement of notice of the election may be waived as to the
19 question.
20 Section 5. Proceeds of borrowing shall be used through loans
21 to provide for repairs, reconstruction and rehabilitation of
22 water supply systems, flood control facilities, dams and port
23 facilities necessary to insure compliance with State and Federal
24 health and safety standards and to promote the Commonwealth's
25 economic development.
26 Section 6. This act shall take effect immediately.
27 SECTION 1. THE FIRST PARAGRAPH OF CLAUSE (1) OF SUBSECTION <--
28 (A) OF SECTION 16, ACT OF JANUARY 19, 1968 (1967 P.L.996,
29 NO.443), KNOWN AS "THE LAND AND WATER CONSERVATION AND
30 RECLAMATION ACT," AMENDED OCTOBER 10, 1980 (P.L.921, NO.158), IS
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1 AMENDED TO READ:
2 SECTION 16. ALLOTMENT OF MONEYS.--(A) THE MONEYS RECEIVED
3 BY THE COMMONWEALTH FROM THE ISSUANCE AND SALE OF BONDS AND
4 NOTES PURSUANT TO THIS ACT WHEN APPROPRIATED BY THE GENERAL
5 ASSEMBLY FROM THE DEVELOPMENT FUND SHALL BE ALLOTTED FOR THE
6 FOLLOWING SPECIFIC PURPOSES:
7 (1) TO THE DEPARTMENT OF ENVIRONMENTAL RESOURCES THE SUM OF
8 TWO HUNDRED MILLION DOLLARS ($200,000,000) FOR THE ELIMINATION
9 OF LAND AND WATER SCARS CREATED BY PAST MINING PRACTICES, [ONE
10 HUNDRED THIRTY MILLION DOLLARS ($130,000,000)] ONE HUNDRED
11 TWENTY MILLION DOLLARS ($120,000,000) OF WHICH SHALL BE USED FOR
12 THE PREVENTION, CONTROL AND ELIMINATION OF STREAM POLLUTION FROM
13 MINE DRAINAGE, THE RESTORATION OF ABANDONED STRIP MINE AREAS, OR
14 THE ELIMINATION OR CONTROL OF ABANDONED MINE CONDITIONS
15 DETRIMENTAL TO PUBLIC HEALTH AND SAFETY, TWENTY MILLION DOLLARS
16 ($20,000,000) OF WHICH SHALL BE USED FOR THE PREVENTION, CONTROL
17 AND ELIMINATION OF AIR POLLUTION FROM ABANDONED BURNING COAL
18 REFUSE BANKS PROVIDED SUCH LAND AND BANK MATERIAL IS PUBLICLY
19 OWNED, AND [FIFTY MILLION DOLLARS ($50,000,000)] SIXTY MILLION
20 DOLLARS ($60,000,000) OF WHICH SHALL BE USED FOR THE PREVENTION
21 OF SURFACE SUBSIDENCE AND ELIMINATION OF SUBSIDENCE HAZARDS
22 ABOVE ABANDONED MINE OPERATIONS, FOR THE SEALING OF ABANDONED
23 DEEP MINES, FOR THE CONTROL AND EXTINGUISHMENT OF SURFACE AND
24 UNDERGROUND FIRES FROM ABANDONED MINES AND FOR ADMINISTRATION
25 EXPENSES ATTENDANT THERETO.
26 * * *
27 SECTION 2. SUBSECTION (E) OF SECTION 20 OF THE ACT, ADDED
28 OCTOBER 10, 1980 (P.L.921, NO.158), IS AMENDED TO READ:
29 SECTION 20. APPROPRIATIONS.--* * *
30 (E) ALL MONEYS LAPSED UNDER CLAUSE (1) OF SUBSECTION (A) OF
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1 SECTION 16 ARE HEREBY APPROPRIATED FOR FOUR FISCAL YEARS
2 BEGINNING JULY 1, 1979, TO THE DEPARTMENT OF ENVIRONMENTAL
3 RESOURCES FOR THE PURPOSES SPECIFIED IN CLAUSE (1) OF SUBSECTION
4 (A) OF SECTION 16. EXPENDITURES FROM SUCH APPROPRIATION SHALL
5 NOT BE SUBJECT TO THE LIMITATION SET FORTH IN SUBSECTION (C) OF
6 SECTION 16. THE BALANCE OF THE FOREGOING APPROPRIATION TOGETHER
7 WITH SUCH OTHER APPROPRIATIONS MADE FOR THE PURPOSE OF CLAUSE
8 (1) OF SUBSECTION (A) OF SECTION 16 WHICH REMAINS UNEXPENDED,
9 UNENCUMBERED OR UNCOMMITTED AFTER JUNE 30, 1983, SHALL [LAPSE]
10 NOT LAPSE BUT SHALL REMAIN TO THE CREDIT OF THE DEPARTMENT OF
11 ENVIRONMENTAL RESOURCES UNTIL EXPENDED IN ACCORDANCE WITH THE
12 PROVISIONS OF THIS APPROPRIATION.
13 * * *
14 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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