PRINTER'S NO. 1399
No. 1227 Session of 1987
INTRODUCED BY GEORGE, HASAY, WOZNIAK, REBER, JAROLIN, BELARDI,
LUCYK, MICHLOVIC, HAYDEN, BARLEY, WASS, JADLOWIEC, SAURMAN,
ARGALL, SCHEETZ, LEVDANSKY, DOMBROWSKI, FEE, O'DONNELL, NOYE,
MORRIS, LETTERMAN, STUBAN, KUKOVICH, LaGROTTA, CAPPABIANCA,
VAN HORNE, CARLSON, DeWEESE, MRKONIC, PHILLIPS, BALDWIN,
TIGUE, MAYERNIK, DUFFY, DISTLER, HERSHEY, HALUSKA, PETRARCA,
BLAUM, LLOYD, JOHNSON, STABACK, D. R. WRIGHT, McHALE,
MARKOSEK, ANGSTADT, KOSINSKI, KASUNIC, COLE, HERMAN, JACKSON,
COLAFELLA, BUNT, LESCOVITZ, RAYMOND, SEMMEL, STAIRS, FLICK,
GRUPPO, COY, SHOWERS, FISCHER, ARTY, YANDRISEVITS, LASHINGER,
VEON, REINARD, DeLUCA AND RITTER, APRIL 29, 1987
REFERRED TO COMMITTEE ON CONSERVATION, APRIL 29, 1987
AN ACT
1 Establishing an Emergency Water Facilities Grant Program;
2 imposing additional powers and duties on the Department of
3 Environmental Resources; and making an appropriation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Emergency
8 Water Facilities Grant Program Act.
9 Section 2. Declaration of policy.
10 (a) Legislative intent.--There are numerous communities
11 throughout this Commonwealth which, because of declining
12 population, deterioration of the tax base and the changing
13 economy, have been unable to provide contingency funds in
14 amounts necessary to provide for unanticipated expenses
1 resulting from emergency disruptions in water facility
2 operations. It is the intent of the General Assembly to provide
3 funds to those municipalities which do not have, or cannot
4 reasonably be expected to have, necessary funds available to
5 assist them in making nonbudgeted, unanticipated payments
6 necessary to make emergency repairs to water facilities in cases
7 where failure to make such repairs would result in a serious
8 imminent threat to the health and safety of the residents of the
9 municipality and the adjacent area.
10 (b) Purpose.--The purpose of the Emergency Water Facilities
11 Grant Program is to assist economically disadvantaged
12 communities in protecting public health and safety, which might
13 become endangered as the result of a disruption of the operation
14 of the municipal water system created by unanticipated damages
15 which occur to the system, and to provide funds for the
16 immediate repair of the system in those cases where the
17 municipality has inadequate funds because of its position as an
18 economically disadvantaged municipality.
19 (c) Use of funds.--It is intended that grants made under
20 this act shall be used only to make water system repairs or
21 alterations that are deemed by the department to be necessary,
22 under the provisions of this act, to protect the public health
23 and safety of the people and for which the economically
24 disadvantaged municipality has inadequate funds available for
25 such repairs.
26 Section 3. Definitions.
27 The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Adjacent area." The area served by the municipal water
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1 facility outside its boundaries, including any area on or
2 through which the facility or its components are located.
3 "Department." The Department of Environmental Resources of
4 the Commonwealth.
5 "Disruption." A malfunction of a water facility which is not
6 intentionally caused, which occurs unexpectedly during normal
7 operation of the facility and which precludes the normal, safe
8 and proper use and operation of the facility to provide
9 essential services to the municipality.
10 "Economically distressed municipality." A municipality where
11 the:
12 (1) per capita income of the residents of the
13 municipality was $6,500 or less; and
14 (2) municipality had a budget deficit of at least 2% in
15 1986 and projects a budget deficit which equals or exceeds
16 the 1986 deficit.
17 "Emergency." A situation caused by a disruption which is
18 reasonably unanticipated, caused by circumstances beyond control
19 of the municipality which could not be foreseen or reasonably
20 known to exist and which, if not remedied, would result in a
21 clear and present danger to human health and safety.
22 "Municipal water facility." A water facility owned and
23 operated by a municipality.
24 "Municipality." Any city, town, township or borough, or any
25 authority created by any of the foregoing.
26 "Repair." The restoration of the facility to minimal
27 acceptable operating condition consistent with applicable law
28 and regulation.
29 "Secretary." The Secretary of Environmental Resources of the
30 Commonwealth.
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1 "Water facility." Any system for the collection, treatment
2 and distribution of water.
3 Section 4. Establishment of program.
4 There is hereby established an Emergency Water Facilities
5 Grant Program. The department shall administer the program and
6 may make grants for emergency water facility repairs in
7 economically disadvantaged communities for the purpose of making
8 emergency water facility repairs deemed necessary to protect the
9 public health and safety of the residents of the municipality
10 and adjacent areas.
11 Section 5. Powers and duties of department.
12 The department shall have the following powers and duties:
13 (1) Establish, consistent with this act, criteria to be
14 used in determining whether a municipality is an economically
15 disadvantaged municipality.
16 (2) Establish, consistent with this act, criteria to be
17 used to determine if a water facility disruption constitutes
18 an emergency situation which creates an imminent danger to
19 public health and safety.
20 (3) Specify application forms and procedures by which
21 economically disadvantaged communities may apply for grants.
22 (4) Make determinations, pursuant to the provisions of
23 this act, after receipt of application, as to whether the
24 municipality is economically disadvantaged and if the water
25 facility disruption is of such a nature as to present real
26 and imminent danger to the health and safety of the residents
27 of the municipality and the adjacent area.
28 (5) Make grants under the program for specific projects
29 in economically disadvantaged municipalities after
30 determination that a water facility disruption has occurred
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1 which poses an imminent threat to the public health and
2 safety of the residents of the municipality and the adjacent
3 area.
4 (6) Provide technical assistance to municipalities which
5 apply for grants under this act to assist them in making
6 maximum use of grant funds.
7 (7) Promulgate rules and regulations as necessary to
8 carry out the provisions of this act.
9 Section 6. Grant requirements.
10 Grants shall be given by the department to municipalities
11 which meet all of the following requirements:
12 (1) The municipality is designated as an economically
13 distressed municipality.
14 (2) The water facility disruption is designated a threat
15 to public health and safety by the department in accordance
16 with rules, regulations and guidelines promulgated under this
17 act.
18 (3) The water facility disruption is designated an
19 emergency condition by the department in accordance with this
20 act.
21 Section 7. Limitation on grants.
22 Qualifying municipalities may receive grants under this act
23 in an amount as deemed necessary by the department up to
24 $100,000. No municipality may be eligible for more than one
25 grant under this act during any one fiscal year, nor may any
26 municipality be eligible for more than one grant for any one
27 water facility emergency repair project. Any grants made under
28 this program shall be made only to supplement funds available
29 from the municipality and only in amounts necessary to
30 effectuate the necessary emergency repairs.
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1 Section 8. Reporting.
2 On or before one year from the effective date of this act,
3 the department shall provide a report to the Speaker of the
4 House of Representatives and the President pro tempore of the
5 Senate for the preceding year. The report shall contain, at a
6 minimum, the following information:
7 (1) A list of the approved grants and the amount of the
8 grants.
9 (2) A description of the criteria met by the
10 municipality which qualified the municipality for the grant.
11 (3) A list of the grants not approved in the preceding
12 fiscal year, including reasons for nonapproval.
13 Section 9. Appropriation.
14 The sum of $5,000,000, or as much thereof as may be
15 necessary, is hereby appropriated to the Department of
16 Environmental Resources for the fiscal year July 1, 1987, to
17 June 30, 1988, to carry out the provisions of this act. This
18 appropriation shall be a continuing appropriation and shall not
19 lapse at the end of any fiscal year. No more than 5% of the
20 moneys hereby appropriated shall be used for the administration
21 of this act.
22 Section 10. Effective date.
23 This act shall take effect immediately.
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