PRINTER'S NO. 942
No. 800 Session of 1999
INTRODUCED BY WHITE, MUSTO, BRIGHTBILL, CONTI, GERLACH, MADIGAN, KUKOVICH AND BOSCOLA, APRIL 27, 1999
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 27, 1999
AN ACT 1 Providing for watershed protection and environmental 2 stewardship; establishing the Environmental Stewardship Fund; 3 conferring powers and duties on the Department of 4 Conservation and Natural Resources, the Department of 5 Environmental Protection and the Pennsylvania Infrastructure 6 Investment Authority; imposing a recycling fee; making an 7 appropriation; and making repeals. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Short title. 11 This act shall be known and may be cited as the Watershed 12 Protection and Environmental Stewardship Act. 13 Section 2. Legislative findings. 14 The General Assembly hereby determines, declares and finds as 15 follows: 16 (1) Ninety-six percent of the water-quality-impaired 17 watersheds in this Commonwealth are polluted because of 18 nonpoint sources of pollution such as past mining activities, 19 urban and agricultural runoff, atmospheric deposition, on-lot 20 sewage systems and earthmoving and timber harvesting
1 activities. 2 (2) The Commonwealth continues to have unmet needs in 3 the area of water and sewer infrastructure. New and improved 4 water sources, treatment and distribution systems are 5 necessary for public drinking water supplies. 6 (3) The Commonwealth owns approximately 2.4 million 7 acres of State park and State forest lands and many of these 8 lands suffer from past environmental problems including 9 unreclaimed mines, acid mine drainage and abandoned oil and 10 gas wells. 11 (4) Open space, greenways, trails, river corridors, fish 12 and wildlife habitats, parks and recreation areas and scenic 13 environments protect the environment, conserve natural 14 resources and add value to communities. 15 (5) State programs and State funding should provide 16 maximum flexibility for elected county and municipal 17 government officials to identify, prioritize and address 18 local environmental concerns. 19 (6) Land use solutions must be voluntary and driven by 20 local initiative. 21 (7) Respecting the Commonwealth's tradition of local 22 government, the 21st Century Environment Commission organized 23 by the Governor urges strengthening the ability and authority 24 of community officials to plan their growth. 25 (8) Legislation is necessary to provide incentives to 26 local governments to implement sound land use practices to 27 further encourage the preservation of open space, clean and 28 protect watersheds, improve recreational opportunities, 29 protect natural areas and habitats and address existing 30 environmental problems. 19990S0800B0942 - 2 -
1 Section 3. Definitions. 2 The following words and phrases when used in this act shall 3 have the meanings given to them in this section unless the 4 context clearly indicates otherwise: 5 "Acquisition." The purchase, or lease with an option to 6 purchase, of land, easements or buildings for public parks, 7 conservation, historical or recreation uses. 8 "Authority." The Pennsylvania Infrastructure Investment 9 Authority. 10 "Authorized organization." An entity involved in research, 11 restoration, rehabilitation, planning, acquisition, development, 12 education or other activities, which furthers the protection, 13 enhancement, conservation, preservation or enjoyment of this 14 Commonwealth's environmental, conservation, recreation or 15 similar resources. The organization must be a tax-exempt 16 institution under section 501(c)(3) of the Internal Revenue Code 17 of 1986 (Public Law 99-154, 26 U.S.C. § 501(c)(3)) and 18 registered with the Bureau of Charitable Organizations or an 19 educational institution involved in these authorized activities. 20 "Departments." The Department of Conservation and Natural 21 Resources and the Department of Environmental Protection of the 22 Commonwealth. 23 "Development." New construction, improvement, alteration or 24 renovation required for and compatible with the physical 25 development or improvement of land or buildings. 26 "Environmental department." The Department of Environmental 27 Protection of the Commonwealth. 28 "Fund." The Environmental Stewardship Fund established in 29 section 4. 30 "Planning." The preparation of park, recreation and open 19990S0800B0942 - 3 -
1 space plans, river corridor and watershed plans, master site 2 development plans, feasibility studies, natural areas studies 3 and inventories, greenways and trail plans, maintenance 4 management plans, conservation plans, zoning plans, land use 5 plans, environmental management plans and research or education 6 documents, useful in assisting municipalities, Commonwealth 7 agencies, conservation districts, watershed organizations and 8 authorized organizations in developing a strategy for 9 environmental improvement, natural resource management, park and 10 recreation development and land conservation. 11 "Rehabilitation and repair." Restoration or renovation of 12 facilities or conditions of existing public conservation and 13 recreation resources. The term excludes routine maintenance. 14 "Sound land use practices." Practices that are generally 15 consistent with the inventory of land use practices published by 16 the Governor's Center for Local Government Services in the 17 Department of Community and Economic Development. The inventory 18 of practices should promote regional cooperation, seek to 19 minimize the impact on the environment, open space and farmland 20 and encourage development in previously developed areas or in 21 locally designated growth areas. 22 "Technical assistance." Provision of financial grants and 23 professional services. The term includes, publications, 24 research, video tapes, workshops, meetings, phone consultation 25 and written and electronic communication. 26 "Watershed organization." An entity recognized by either or 27 both of the Department of Conservation and Natural Resources and 28 the Department of Environmental Protection and established by 29 volunteer community members to promote local watershed 30 conservation efforts in an identified watershed. 19990S0800B0942 - 4 -
1 Section 4. Fund. 2 (a) Establishment.--There is established a special fund in 3 the State Treasury, to be known as the Environmental Stewardship 4 Fund, which shall be administered by the Department of 5 Environmental Protection. 6 (b) Sources.-- 7 (1) Money appropriated by the General Assembly, interest 8 earned by the fund, penalties, and money received from the 9 Federal Government or other sources shall be deposited in the 10 fund. The General Assembly may appropriate up to $55,000,000 11 annually from the General Fund. 12 (2) For a period of five years from the effective date 13 of this act, the fund may receive money, upon approval of the 14 Governor, from the Recycling Fund and the Hazardous Sites 15 Cleanup Fund. The combined total of appropriations from these 16 two funds for the program shall not exceed $30,000,000 17 annually. 18 (c) Appropriation.--The money in the fund is hereby 19 appropriated, upon approval of the Governor, to the departments 20 and the authority for the purpose of implementing the provisions 21 of this act. 22 (d) Allocation.--It is the intent of the General Assembly 23 that the money appropriated in subsection (c) be allocated 24 annually as follows: 34% to the Department of Conservation and 25 Natural Resources; 41% to the Department of Environmental 26 Protection and 25% to the authority. 27 Section 5. Agencies. 28 (a) The Department of Conservation and Natural Resources.-- 29 The Department of Conservation and Natural Resources shall 30 utilize money it receives from the fund for the following 19990S0800B0942 - 5 -
1 purposes: 2 (1) Rehabilitation, repair and development of State park 3 and State forest lands and facilities and the acquisition of 4 interior holdings and other land which the Department of 5 Conservation and Natural Resources determines will protect or 6 enhance State parks and State forests. 7 (2) Grants to municipalities, conservation districts and 8 authorized organizations for the purpose of planning, 9 education, acquisition, development, rehabilitation and 10 repair of greenways, trails, open space, natural areas, river 11 corridors, watersheds, community parks and recreation 12 facilities; community conservation and beautification 13 projects; forest conservation; and other conservation 14 purposes. Grant moneys may also be used for the acquisition 15 of farmland for the above-stated purposes. Priority in the 16 consideration of grant awards and other incentives shall be 17 given to projects which support sound land use practices. 18 (3) Grants to municipalities and authorized 19 organizations for purposes of research, planning, inventories 20 and technical assistance, intended to protect and conserve 21 the biological diversity of this Commonwealth. 22 (b) The Department of Environmental Protection.-- 23 (1) The Department of Environmental Protection shall 24 utilize money it receives from the fund for the following 25 purposes: 26 (i) To implement acid mine drainage abatement and 27 cleanup efforts and plug abandoned and orphan oil and gas 28 wells. 29 (ii) To provide funding for technical assistance and 30 financial incentives to facilitate remining. 19990S0800B0942 - 6 -
1 (iii) To provide grants to municipalities, county 2 conservation districts, watershed organizations and other 3 authorized organizations for acid mine drainage 4 abatement, mine cleanup efforts and well plugging. 5 (iv) To provide grants and technical assistance to 6 municipalities, county conservation districts, watershed 7 organizations and other authorized organizations to plan 8 and implement local watershed-based conservation efforts, 9 giving priority and other incentives to projects that 10 support sound land use practices. 11 (v) To improve water-quality-impaired watersheds, 12 including those polluted by past mining activities, 13 agricultural and urban runoff, atmospheric deposition, 14 on-lot sewage systems, and earth moving and timber 15 harvesting activities. Priority and other incentives 16 shall be given to projects which support sound land use 17 practices. 18 (2) County conservation districts are authorized to 19 further distribute grants from the Department of 20 Environmental Protection to watershed organizations and other 21 authorized organizations to assist in the implementation of 22 this act. 23 (c) The authority.--The authority shall utilize its 24 allocation from the fund for the following purposes: 25 (1) To provide financial assistance, including, but not 26 limited to, grants, matching grants and low-interest loans 27 for nonpoint sources, with incentives to promote sound land 28 use practices. 29 (2) To provide financial assistance, including, but not 30 limited to, grants, matching grants and low-interest loans 19990S0800B0942 - 7 -
1 for water, storm water and sewer infrastructure projects and 2 other incentives to promote sound land use practices for 3 water, sewer and storm water projects in economically 4 disadvantaged communities. 5 (d) Regulations.--The departments and the authority may 6 promulgate such regulations necessary to carry out the purposes 7 of this act. 8 Section 6. Property and equipment restrictions. 9 (a) Prohibiting.--Recipients of grants under this act may 10 not dispose of or convert property or equipment acquired with 11 grant funds for purposes other than the purposes approved in the 12 project applications without the prior written approval of the 13 agency which provided the grant. 14 (b) Remedy.--If disposition or conversion in violation of 15 subsection (a) occurs, the agency may: 16 (1) Require the recipient to refund all grants for the 17 particular project, including 10% annual interest, compounded 18 four times annually, from the date the original grant was 19 received until it is repaid. 20 (2) Require acquisition by the recipient of equivalent 21 replacement land, as determined by the agency. 22 (3) Take possession of the property or equipment funded 23 by the agency. 24 Section 7. Pollution prevention. 25 The sum of $2,000,000 is hereby appropriated to the 26 Department of Environmental Protection from the Hazardous Sites 27 Cleanup Fund established for the purposes of expanding the Small 28 Business and Household Pollution Prevention Program to provide 29 on-site assessments and recommendations for pollution prevention 30 and energy efficiency techniques for the fiscal year July 1, 19990S0800B0942 - 8 -
1 1999, through June 30, 2000. The General Assembly may 2 appropriate up to $2,000,000 in additional funds from the 3 Hazardous Sites Cleanup Fund for this purpose in fiscal year 4 2000-2001. 5 Section 8. Federal programs. 6 Agencies may utilize available Federal funds to augment funds 7 available under this act. 8 Section 9. Wild Resource Conservation Fund; duties of 9 Department of Conservation and Natural Resources. 10 (a) Appropriation.--The moneys contained in the Wild 11 Resource Conservation Fund are hereby appropriated, upon 12 approval of the Governor, to the Department of Conservation and 13 Natural Resources for the purposes of carrying out the 14 provisions of subsection (b), section 5(a)(3) and the act of 15 June 23, 1982 (P.L.597, No.170), known as the Wild Resource 16 Conservation Act. 17 (b) Projects and programs.--The Wild Resource Conservation 18 Board, after reviewing the recommendations of interested persons 19 and consulting with the professional staffs of the agencies 20 represented on the board, may approve projects or programs 21 deemed necessary to preserve and enhance wild resources, for 22 which the Department of Conservation and Natural Resources may 23 allocate moneys from the Wild Resource Conservation Fund. 24 (c) Sale of stamps and decals.--The Department of 25 Conservation and Natural Resources shall have the right to issue 26 for sale to the public stamps, decals or other items of personal 27 property intended to signify the interest of the purchaser in 28 contributing to programs established by the department under 29 this section, the net proceeds of which shall be deposited in 30 the Wild Resource Conservation Fund. 19990S0800B0942 - 9 -
1 (d) Activities of other agencies.--The authority granted 2 pursuant to subsection (c) shall not affect or interfere with 3 similar authority vested by law in any agency represented on the 4 board to sell items of personal property which promote the 5 independent programs of those respective agencies. Said agencies 6 shall likewise have the right to issue for sale items of 7 personal property intended to signify the interest of the 8 purchaser in contributing to programs established by the 9 department, the net proceeds of which shall be deposited in the 10 fund. 11 Section 10. Repeals. 12 (a) Municipal recycling grants.--Section 1937-A(b) of the 13 act of April 9, 1929 (P.L.177, No.175), known as The 14 Administrative Code of 1929, is repealed. 15 (b) Sewage construction payments to municipalities.--The act 16 of August 20, 1953 (P.L.1217, No.339), entitled "An act 17 providing for payments by the Commonwealth to municipalities 18 which have expended money to acquire and construct sewage 19 treatment plants in accordance with the Clean Streams Program 20 and the act, approved the twenty-second day of June, one 21 thousand nine hundred thirty-seven (Pamphlet Laws 1987), and 22 making an appropriation," is repealed. 23 (c) Site-specific postclosure fund.--Sections 1108(b) and 24 (c) of the act of July 28, 1988 (P.L.556, No.101), known as the 25 Municipal Waste Planning, Recycling and Waste Reduction Act, are 26 repealed. A county which established a landfill closure account 27 may spend the money in that account to develop, implement plans 28 that promote sound land use practices, fund county conservation 29 districts, protect farmland or to accomplish any other purpose 30 authorized by this act. An expenditure for farmland preservation 19990S0800B0942 - 10 -
1 must comply with the act of June 30, 1981 (P.L.128, No.43), 2 known as the Agricultural Area Security Law. 3 (d) Wild Resource Conservation.--Section 5305(d), 4 5306(b)(3), (4), (5) and (6), (c), (d), (e), (f) and (g) of the 5 act of June 23, 1982 (P.L.597, No.170), known as the Wild 6 Resource Conservation Act, are repealed. 7 (e) General.--All other acts and parts of acts are repealed 8 insofar as they are inconsistent with this act. 9 Section 11. Extension of fees. 10 No fee shall be imposed under section 701 of the act of July 11 28, 1988 (P.L.556, No.101), known as the Municipal Waste 12 Planning, Recycling and Waste Reduction Act, on or after October 13 15, 2004. 14 Section 12. Effective date. 15 This act shall take effect July 1, 1999, or immediately, 16 whichever is later. D9L35DMS/19990S0800B0942 - 11 -