SENATE AMENDED
PRIOR PRINTER'S NOS. 2778, 3320, 3744 PRINTER'S NO. 3781
No. 2216 Session of 1991
INTRODUCED BY COWELL, COLAFELLA, DAVIES, MUNDY, SCHULER,
E. Z. TAYLOR, KOSINSKI, FOX, CALTAGIRONE, GIGLIOTTI, PESCI,
PRESTON, VEON, COLAIZZO, MIHALICH, TRELLO, KRUSZEWSKI,
CORRIGAN, RICHARDSON, LINTON AND THOMAS, NOVEMBER 20, 1991
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 15, 1992
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," further providing for
21 WATER SUPPLIES AND FOR exemption for certain conveyances; <--
22 PROVIDING FOR STORAGE AND HANDLING OF LIQUEFIED PETROLEUM
23 GASES AND FOR VOLUNTARY CONTRIBUTIONS TO THE UNITED STATES
24 OLYMPIC COMMITTEE; AND MAKING REPEALS.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 2409-A of the act of April 9, 1929 <--
1 (P.L.177, No.175), known as The Administrative Code of 1929,
2 SECTION 1. SECTION 1918-A OF THE ACT OF APRIL 9, 1929 <--
3 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS
4 AMENDED BY ADDING CLAUSES TO READ:
5 SECTION 1918-A. WATER SUPPLY.--THE DEPARTMENT OF
6 ENVIRONMENTAL RESOURCES SHALL HAVE THE POWER AND ITS DUTY SHALL
7 BE:
8 * * *
9 (4) TO REQUIRE WATER USE METERING OF WATER TAKEN OR DIVERTED
10 FROM ANY RIVERS, STREAMS, NATURAL LAKES AND PONDS OR OTHER
11 SURFACE WATERS WITHIN OR PARTLY WITHIN AND PARTLY WITHOUT THE
12 COMMONWEALTH, EXCEPT NATURAL SPRINGS OR PONDS WHOSE SOURCE OF
13 WATER IS PRIMARILY FROM NATURAL SPRINGS WITH A FLOW OF TEN
14 MILLION OR MORE GALLONS PER DAY.
15 (5) TO REQUIRE THE FILTERING OF SURFACE WATER SOURCES OF
16 PUBLIC WATER SUPPLIES WHERE NECESSARY AND APPROPRIATE TO INSURE
17 COMPLIANCE WITH THE FILTRATION TREATMENT TECHNIQUE REQUIREMENTS
18 OF THE SAFE DRINKING WATER ACT (PUBLIC LAW 93-523, 21 U.S.C. §
19 349 AND 42 U.S.C. §§ 201 AND 300F ET SEQ.) PURSUANT TO A
20 SCHEDULE ESTABLISHED BY THE DEPARTMENT. IF PUBLIC WATER SUPPLIES
21 MEET THE CRITERIA TO AVOID FILTRATION ESTABLISHED IN 40 CFR PART
22 141 (RELATING TO NATIONAL PRIMARY DRINKING WATER REGULATIONS),
23 THE DEPARTMENT MAY NOT REQUIRE FILTRATION. FOR PURPOSES OF THIS
24 CLAUSE, A SURFACE WATER SOURCE SHALL NOT INCLUDE A NATURAL
25 SPRING OR POND WHOSE SOURCE OF WATER IS PRIMARILY FROM A NATURAL
26 SPRING THAT IS UNAFFECTED BY SURFACE WATER RUNOFF.
27 (6) TO AUTHORIZE, IF REQUESTED, PUBLIC WATER SYSTEMS SERVING
28 THIRTY OR FEWER RESIDENCES WITH NITRATE CONCENTRATIONS WHICH
29 EXCEED MAXIMUM CONTAMINANT LEVELS ESTABLISHED PURSUANT TO THE
30 SAFE DRINKING WATER ACT (PUBLIC LAW 93-523, 21 U.S.C. § 349 AND
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1 42 U.S.C. §§ 201 AND 300F ET SEQ.) TO PROVIDE BOTTLED WATER FOR
2 CONSUMPTION PURPOSES AS A TEMPORARY OR PERMANENT TREATMENT
3 TECHNIQUE IN LIEU OF REQUIRING NITRATE REMOVAL OR TREATMENT
4 SYSTEMS. THE PUBLIC WATER SYSTEM SHALL BE RESPONSIBLE FOR
5 ENFORCING THE USE OF BOTTLED WATER FOR CONSUMPTION WITHIN THE
6 SYSTEM.
7 SECTION 2. SECTION 2409-A OF THE ACT, added February 25,
8 1982 (P.L.92, No.34), is amended to read:
9 Section 2409-A. Exemption for Certain Conveyances.--(a)
10 This article shall not apply to a conveyance by The General
11 State Authority where a resolution authorizing such conveyance
12 was adopted by the board of directors of the authority on or
13 before July 1, 1981.
14 (b) Notwithstanding the provisions of this act, including
15 without limitation this article, or any other act to the
16 contrary, the Department of General Services is authorized to
17 convey, with the approval of the Governor, any project within
18 the meaning of the act of March 31, 1949 (P.L.372, No.34), known
19 as "The General State Authority Act of one thousand nine hundred
20 forty-nine," which was conveyed and transferred by resolution of
21 The General State Authority and under the authority of the act
22 of July 22, 1975 (P.L.75, No.45), entitled "An act amending the
23 act of April 9, 1929 (P.L.177, No.175), entitled 'An act
24 providing for and reorganizing the conduct of the executive and
25 administrative work of the Commonwealth by the Executive
26 Department thereof and the administrative departments, boards,
27 commissions, and officers thereof, including the boards of
28 trustees of State Normal Schools, or Teachers Colleges;
29 abolishing, creating, reorganizing or authorizing the
30 reorganization of certain administrative departments, boards,
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1 and commissions; defining the powers and duties of the Governor
2 and other executive and administrative officers, and of the
3 several administrative departments, boards, commissions, and
4 officers; fixing the salaries of the Governor, Lieutenant
5 Governor, and certain other executive and administrative
6 officers; providing for the appointment of certain
7 administrative officers, and of all deputies and other
8 assistants and employes in certain departments, boards, and
9 commissions; and prescribing the manner in which the number and
10 compensation of the deputies and all other assistants and
11 employes of certain departments, boards and commissions shall be
12 determined,' creating the Department of General Services and
13 defining its functions, powers and duties; and transferring
14 certain functions, records, equipment, personnel and
15 appropriations from the Department of Property and Supplies and
16 The General State Authority to such department," to the
17 Department of General Services, provided that:
18 (1) The grantee is an institution of higher education
19 located in this Commonwealth.
20 (2) The project was constructed by The General State
21 Authority on behalf of the grantee.
22 (3) The consideration for each conveyance shall be based
23 upon either the outstanding principle and interest indebtedness
24 of the project or the total cost of the project adjusted to its
25 present value as determined by the Department of General
26 Services in consultation with the Secretary of the Budget.
27 (4) All costs of the transaction are borne by the grantee.
28 (5) No part of the consideration or transaction costs are
29 paid with General Fund moneys or Capital Facilities Fund moneys.
30 (6) No conveyance shall be made under the authority of this
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1 subsection to an institution of the State System of Higher
2 Education.
3 (C) NOTWITHSTANDING THE PROVISIONS OF THIS ACT, INCLUDING <--
4 WITHOUT LIMITATION THIS ARTICLE, OR ANY OTHER ACT TO THE
5 CONTRARY, THE DEPARTMENT OF GENERAL SERVICES IS AUTHORIZED TO
6 CONVEY, WITH THE APPROVAL OF THE GOVERNOR, TO THE PENNSYLVANIA
7 STATE UNIVERSITY, THE UNIVERSITY OF PITTSBURGH, TEMPLE
8 UNIVERSITY OR LINCOLN UNIVERSITY ANY PROJECT WHICH THE GENERAL
9 STATE AUTHORITY OR THE DEPARTMENT OF GENERAL SERVICES
10 CONSTRUCTED ON BEHALF OF THE GRANTEE, PROVIDED THAT:
11 (1) ALL OUTSTANDING PRINCIPAL AND INTEREST INDEBTEDNESS OF
12 THE PROJECT HAS BEEN RETIRED.
13 (2) ALL COSTS OF THE TRANSACTION ARE BORNE BY THE
14 UNIVERSITY.
15 (3) THE UNIVERSITY SHALL PAY ONE DOLLAR ($1.00) FOR EACH
16 PROJECT TRANSFERRED.
17 (4) NO PART OF THE TRANSACTION COSTS IS PAID WITH GENERAL
18 FUND MONEYS OR CAPITAL FACILITIES FUND MONEYS.
19 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
20 SECTION 2217. STORAGE AND HANDLING OF LIQUEFIED PETROLEUM
21 GASES.--(A) THE DEPARTMENT OF LABOR AND INDUSTRY SHALL MAKE,
22 PROMULGATE AND ENFORCE REGULATIONS SETTING FORTH MINIMUM GENERAL
23 STANDARDS FOR THE DESIGN, INSTALLATION AND CONSTRUCTION OF
24 CONTAINERS AND PERTINENT EQUIPMENT FOR THE STORAGE AND HANDLING
25 OF LIQUEFIED PETROLEUM GASES THAT ARE LIQUEFIED BY PRESSURE AND
26 OF LIQUEFIED PETROLEUM GASES THAT ARE LIQUEFIED BY TEMPERATURE
27 CONTROL, AND SPECIFYING THE ODORIZATION OF SAID GASES. SAID
28 REGULATIONS ISSUED UNDER THE AUTHORITY OF THIS ACT AND THE ACT
29 OF DECEMBER 27, 1951 (P.L.1793, NO.475), REFERRED TO AS THE
30 LIQUEFIED PETROLEUM GAS ACT, SHALL BE SUCH AS ARE REASONABLY
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1 NECESSARY FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY
2 OF THE PUBLIC AND PERSONS USING SUCH MATERIALS, AND SHALL BE IN
3 SUBSTANTIAL CONFORMITY WITH THE GENERALLY ACCEPTED STANDARDS OF
4 SAFETY CONCERNING THE SAME SUBJECT MATTER.
5 (B) NO PERSON, FIRM, ASSOCIATION OR CORPORATION SHALL STORE
6 LIQUEFIED PETROLEUM GAS THAT IS LIQUEFIED BY TEMPERATURE
7 CONTROL. ANY PERMIT OR OTHER DOCUMENT ISSUED BY THE DEPARTMENT
8 WHICH ALLOWS SUCH STORAGE SHALL BE VOID REGARDLESS OF WHETHER
9 ISSUANCE TOOK PLACE PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
10 THIS SUBSECTION (B) SHALL EXPIRE ON THE EFFECTIVE DATE OF
11 DEPARTMENTAL REGULATIONS SETTING FORTH MINIMUM GENERAL STANDARDS
12 COVERING THE DESIGN, INSTALLATION AND CONSTRUCTION OF CONTAINERS
13 AND PERTINENT EQUIPMENT FOR THE STORAGE AND HANDLING OF
14 LIQUEFIED PETROLEUM GASES THAT ARE LIQUEFIED BY TEMPERATURE
15 CONTROL.
16 SECTION 4. SECTION 2504 OF THE ACT IS REPEALED.
17 SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
18 SECTION 2506. SPACE ON FORM FOR CONTRIBUTIONS.--(A) THE
19 DEPARTMENT OF REVENUE SHALL PROVIDE A SPACE ON THE FACE OF THE
20 INDIVIDUAL INCOME TAX RETURN FORM WHEREBY AN INDIVIDUAL MAY
21 VOLUNTARILY DESIGNATE A CONTRIBUTION OF ANY AMOUNT DESIRED TO
22 THE UNITED STATES OLYMPIC COMMITTEE, PENNSYLVANIA DIVISION.
23 (B) THE AMOUNT SO DESIGNATED BY AN INDIVIDUAL ON THE INCOME
24 TAX RETURN FORM SHALL BE DEDUCTED FROM THE TAX REFUND TO WHICH
25 SUCH INDIVIDUAL IS ENTITLED AND SHALL NOT CONSTITUTE A CHARGE
26 AGAINST THE INCOME TAX REVENUES DUE THE COMMONWEALTH.
27 (C) THE DEPARTMENT OF REVENUE SHALL DETERMINE ANNUALLY THE
28 TOTAL AMOUNT DESIGNATED PURSUANT TO THIS SECTION, LESS
29 REASONABLE ADMINISTRATIVE COSTS, AND SHALL REPORT SUCH AMOUNT TO
30 THE STATE TREASURER, WHO SHALL TRANSFER SUCH AMOUNT FROM THE
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1 GENERAL FUND TO THE UNITED STATES OLYMPIC COMMITTEE,
2 PENNSYLVANIA DIVISION.
3 (D) THIS SECTION SHALL EXPIRE DECEMBER 31, 1993.
4 SECTION 6. THE PROVISIONS OF SECTION 2506 SHALL APPLY TO
5 TAXABLE YEARS BEGINNING JANUARY 1, 1992, AND JANUARY 1, 1993.
6 Section 2 7. All moneys from the conveyances authorized by <--
7 this act shall be deposited into the Capital Debt Fund.
8 Section 3 8. The conveyances authorized by this act shall be <--
9 exempt from all taxes, imposts, fees and costs relating to such
10 conveyances which are levied, imposed or chargeable by any
11 taxing authority as long as the documents necessary to effect
12 such conveyances are recorded prior to January 1, 1993.
13 SECTION 9. ANY EXISTING REQUIREMENT, ORDER, CONSENT ORDER OR <--
14 REGULATION ENFORCED BY THE DEPARTMENT OF ENVIRONMENTAL RESOURCES
15 WHICH IS INCONSISTENT WITH THE REQUIREMENTS OF SECTION 1918-A(4)
16 OR (5) OR WHICH DID NOT GIVE PUBLIC WATER SUPPLIERS THE OPTIONS
17 PRESENTED BY SECTION 1918-A(4) OR (5) SHALL BE SUPERSEDED BY
18 THIS ACT.
19 SECTION 10. SECTION 315 OF THE ACT OF MARCH 4, 1971 (P.L.6,
20 NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, IS REPEALED AS
21 OBSOLETE.
22 Section 4 11. This act shall take effect immediately. <--
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