PRINTER'S NO. 3095
No. 2408 Session of 1992
INTRODUCED BY LEVDANSKY, MIHALICH, FARGO, VEON, STURLA, FAJT,
STEELMAN, BELARDI, KOSINSKI, COY, STAIRS, KRUSZEWSKI,
RICHARDSON, D. R. WRIGHT, GAMBLE, TIGUE, COLAFELLA, PRESTON,
JOSEPHS, GODSHALL, DALEY, TRELLO, LaGROTTA, COLAIZZO,
KUKOVICH, MICHLOVIC, KASUNIC AND COLE, FEBRUARY 10, 1992
REFERRED TO COMMITTEE ON CONSERVATION, FEBRUARY 10, 1992
AN ACT
1 Providing for research and development of air emissions
2 reduction technologies; adding to the powers and duties of
3 the Pennsylvania Energy Office; establishing the Reduced Air
4 Emissions Research and Development Grant Fund; and directing
5 20% of the revenues received from air emission permit fees
6 into the fund.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Reduced Air
11 Emissions Research and Development Act.
12 Section 2. Legislative findings and declaration of policy.
13 The General Assembly finds and declares as follows:
14 (1) A recent report of the American Lung Association
15 indicates that annual health costs to Pennsylvanians
16 resulting from emissions of air pollutants range from
17 $200,000,000 to $4,000,000,000.
18 (2) The achievement of reduced emissions of air
1 pollutants is an essential goal in the betterment of this
2 Commonwealth's environment and the health of its citizens.
3 (3) The development of new processes and technologies
4 which reduce the emissions of air pollutants would make a
5 substantial contribution toward obtaining the goal of a
6 healthier and cleaner environment.
7 (4) Realization of reduced emissions of air pollutants
8 should be done in a manner as cost effective as possible to
9 minimize the economic impact upon Commonwealth businesses.
10 (5) Providing incentives for research and development of
11 new emission technologies will position this Commonwealth as
12 a leader in this field, benefit its citizens through cleaner
13 air and assist Commonwealth businesses to meet new Federal
14 and State emission standards.
15 (6) The Commonwealth, in fulfilling its obligation to
16 promote the health, safety and welfare of its citizens and to
17 protect the environment, should set an example of concern for
18 improving air quality by encouraging the development and
19 application of new emission reduction technologies.
20 Section 3. Definitions.
21 The following words and phrases when used in this act shall
22 have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Air pollutants." Emissions of carbon dioxide, nitrous
25 oxide, sulphur dioxide, reactive hydrocarbons or air toxics, as
26 defined by the Environmental Protection Agency.
27 "Fund." The special fund established by this act and
28 referred to as the Reduced Air Emissions Research and
29 Development Grant Fund.
30 "Office." The Pennsylvania Energy Office.
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1 "Research and development." Includes, but is not limited to,
2 the design, development or implementation of an experimental
3 facility, a plant process, a product, a formula, an invention, a
4 system or similar items and the improvement of already existing
5 items of a like nature, and field testing of new technologies or
6 processes. The phrase does not include expenditures for
7 efficiency surveys; studies of management, management techniques
8 and organization; consumer surveys; advertising promotions or
9 items of a like nature.
10 Section 4. Reduced Air Emissions Research and Development
11 Program.
12 (a) Application for grant.--Any legal entity doing business
13 in this Commonwealth may apply to the office for a grant not to
14 exceed 20% or $250,000, whichever is less, of the costs
15 associated with a research or development project related to
16 reducing air emissions of air pollutants from either stationary
17 or mobile sources. Preference will be given to projects which
18 the office believes has the greatest potential for the
19 development of technologies or processes which will assist the
20 greatest number of Commonwealth businesses to comply with the
21 provisions of the Clean Air Act (Public Law 95-95, 42 U.S.C. §
22 7401 et seq.) and the act of January 8, 1960 (1959 P.L.2119,
23 No.787), known as the Air Pollution Control Act, or will result
24 in the greatest reduction of emissions of air pollutants.
25 (b) Adjustment of amount of grant.--The $250,000 limitation
26 in subsection (a) shall be indexed to the Consumer Price Index
27 and adjusted annually on July 1.
28 (c) Rules and regulations.--The office shall promulgate the
29 rules and regulations to implement the provisions of this act.
30 (d) Administrative expenses.--The office may retain up to 5%
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1 of the funds to cover expenses related to administering this
2 act.
3 (e) Annual reports.--The office shall issue an annual report
4 listing projects funded, the air pollutants to be reduced, the
5 technologies developed through project grants, potential
6 applications of those technologies and the environmental
7 benefits achieved.
8 Section 5. Reduced Air Emissions Research and Development Grant
9 Fund.
10 There is hereby established a special fund to be administered
11 by the office. Twenty percent of all revenues generated through
12 fees and fines authorized by the act of January 8, 1960 (1959
13 P.L.2119, No.787), known as the Air Pollution Control Act, after
14 July 1, 1994, shall be deposited when received into the fund.
15 This fund shall be nonlapsing and used exclusively for the
16 purposes of this act. For purposes of this section, the term
17 "fees" shall mean all fees assessed and collected under
18 authority of the Air Pollution Control Act, except for those
19 fees identified by the Department of Environmental Resources as
20 application fees or interim fees.
21 Section 6. Effective date.
22 This act shall take effect immediately.
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