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        PRIOR PRINTER'S NOS. 3257, 3376               PRINTER'S NO. 3989

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2345 Session of 2002


        INTRODUCED BY HARPER, HERSHEY, KREBS, CREIGHTON, WATSON,
           R. STEVENSON, RUBLEY, FEESE, GORDNER, WANSACZ, DALLY, NAILOR,
           YUDICHAK, VANCE, FLICK, BUNT, PIPPY, J. BAKER, DAILEY, LEH,
           HENNESSEY, McILHINNEY, BROOKS, MAHER, HARHAI AND McGEEHAN,
           FEBRUARY 6, 2002

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 10, 2002

                                     AN ACT

     1  Amending Title 27 (Environmental Resources) of the Pennsylvania   <--
     2     Consolidated Statutes, further providing for the
     3     Environmental Stewardship Fund and for extension of fees.
     4  AMENDING TITLE 27 (ENVIRONMENTAL RESOURCES) OF THE PENNSYLVANIA   <--
     5     CONSOLIDATED STATUTES, FURTHER PROVIDING FOR LEGISLATIVE
     6     FINDINGS, FOR THE ENVIRONMENTAL STEWARDSHIP FUND AND FOR
     7     EXTENSION OF FEES; AND ESTABLISHING THE COMMUNITY RENEWAL
     8     ACCOUNT, THE CONSERVATION HERITAGE ACCOUNT AND THE VOLUNTEER
     9     FIRE COMPANY FUND.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Sections 6104(b)(1) and 6112(b) of Title 27 of     <--
    13  the Pennsylvania Consolidated Statutes are amended to read:
    14  § 6104.  Fund.
    15     * * *
    16     (b)  Sources.--
    17         (1)  Money appropriated by the General Assembly, interest
    18     earned by the fund, penalties, money received from the
    19     Federal Government or other sources and money received from


     1     the [fee] fees established under section 6112(b) (relating to
     2     extension of fees) shall be deposited in the fund. Moneys
     3     appropriated by the General Assembly to the fund shall be
     4     transferred on a quarterly basis in increments of at least
     5     20%.
     6         * * *
     7  § 6112.  Extension of fees.
     8     * * *
     9     (b)  [Fee] Fees established.--
    10         (1)  (i)  Each operator of a municipal waste landfill
    11         shall pay, in the same manner prescribed in section 701
    12         of the Municipal Waste Planning, Recycling and Waste
    13         Reduction Act, an amount equal to 25¢ per ton of weighted
    14         waste or 25¢ per three cubic yards of volume-measured
    15         waste for all solid waste received at the landfill.
    16         [These fees] (ii)  The fee established under this
    17         paragraph shall be paid to the State Treasury and
    18         deposited into the fund.
    19         (2) (i)  Each operator of a municipal waste landfill or
    20         resource recovery facility shall pay, in the same manner
    21         prescribed in Chapter 7 of the Municipal Waste Planning,
    22         Recycling and Waste Reduction Act, a disposal fee of $5
    23         per ton for all solid waste disposed of at the municipal
    24         waste landfill or processed at the resource recovery
    25         facility.
    26             (ii)  The fee established under this paragraph shall
    27         not apply to process residue and nonprocessible waste
    28         from a resource recovery facility that is disposed of at
    29         municipal waste landfills.
    30             (iii)  The operator and any person who collects or
    20020H2345B3989                  - 2 -

     1         transports solid waste subject to the fee established
     2         under this paragraph may collect the fee as a surcharge
     3         in accordance with section 705 of the Municipal Waste
     4         Planning, Recycling and Waste Reduction Act.
     5             (iv)  The fee established under this paragraph is in
     6         addition to the fee prescribed in section 701 of the
     7         Municipal Waste Planning, Recycling and Waste Reduction
     8         Act and shall be paid to the State Treasurer and
     9         deposited into the fund.
    10     Section 2.  This act shall take effect in 60 days.
    11     SECTION 1.  SECTIONS 6102, 6104(B)(1) AND (2) AND (D)(3),      <--
    12  6105(A)(1) AND 6112 OF TITLE 27 OF THE PENNSYLVANIA CONSOLIDATED
    13  STATUTES ARE AMENDED TO READ:
    14  § 6102.  LEGISLATIVE FINDINGS.
    15     THE GENERAL ASSEMBLY HEREBY DETERMINES, DECLARES AND FINDS AS
    16  FOLLOWS:
    17         (1)  NINETY-SIX PERCENT OF THE WATER-QUALITY-IMPAIRED
    18     WATERSHEDS IN THIS COMMONWEALTH ARE POLLUTED BECAUSE OF
    19     NONPOINT SOURCES OF POLLUTION SUCH AS PAST MINING ACTIVITIES,
    20     URBAN AND AGRICULTURAL RUNOFF, ATMOSPHERIC DEPOSITION, ON-LOT
    21     SEWAGE SYSTEMS AND EARTHMOVING.
    22         (2)  THE COMMONWEALTH CONTINUES TO HAVE UNMET NEEDS IN
    23     THE AREA OF WATER AND SEWER INFRASTRUCTURE. NEW AND IMPROVED
    24     WATER SOURCES, TREATMENT AND DISTRIBUTION SYSTEMS ARE
    25     NECESSARY FOR PUBLIC DRINKING WATER SUPPLIES.
    26         (3)  THE COMMONWEALTH OWNS APPROXIMATELY 2.4 MILLION
    27     ACRES OF STATE PARK AND STATE FOREST LANDS AND MANY OF THESE
    28     LANDS SUFFER FROM PAST ENVIRONMENTAL PROBLEMS, INCLUDING
    29     UNRECLAIMED MINES, ACID MINE DRAINAGE AND ABANDONED OIL AND
    30     GAS WELLS.
    20020H2345B3989                  - 3 -

     1         (4)  OPEN SPACE, GREENWAYS, RECREATIONAL TRAILS, RIVER
     2     CORRIDORS, FISH AND WILDLIFE HABITATS, PARKS AND RECREATION
     3     AREAS AND SCENIC ENVIRONMENTS PROTECT THE ENVIRONMENT,
     4     CONSERVE NATURAL RESOURCES AND ADD VALUE TO COMMUNITIES.
     5         (5)  STATE PROGRAMS AND STATE FUNDING SHOULD PROVIDE
     6     MAXIMUM FLEXIBILITY FOR ELECTED COUNTY AND MUNICIPAL
     7     GOVERNMENTAL OFFICIALS TO IDENTIFY, PRIORITIZE AND ADDRESS
     8     LOCAL ENVIRONMENTAL CONCERNS, INCLUDING ODOR ABATEMENT
     9     PROBLEMS AT SEWAGE TREATMENT PLANTS.
    10         (6)  GENERATORS OF SOLID WASTE IN AND OUTSIDE THIS
    11     COMMONWEALTH WHOSE SOLID WASTE IS DISPOSED OF AT MUNICIPAL
    12     WASTE LANDFILLS IN THIS COMMONWEALTH SHOULD CONTRIBUTE TO THE
    13     ENVIRONMENTAL STEWARDSHIP FUND.
    14  § 6104.  FUND.
    15     * * *
    16     (B)  SOURCES.--
    17         (1)  MONEY APPROPRIATED BY THE GENERAL ASSEMBLY, INTEREST
    18     EARNED BY THE FUND, PENALTIES, MONEY RECEIVED FROM THE
    19     FEDERAL GOVERNMENT OR OTHER SOURCES AND MONEY RECEIVED FROM
    20     THE [FEE] FEES ESTABLISHED UNDER SECTION 6112(B) (RELATING TO
    21     EXTENSION OF FEES) SHALL BE DEPOSITED IN THE FUND. MONEYS
    22     APPROPRIATED BY THE GENERAL ASSEMBLY TO THE FUND SHALL BE
    23     TRANSFERRED ON A QUARTERLY BASIS IN INCREMENTS OF AT LEAST
    24     20%.
    25         [(2)  FOR FISCAL YEARS 1999-2000 THROUGH 2003-2004, THE
    26     FUND MAY RECEIVE MONEY, UPON APPROVAL OF THE GOVERNOR, FROM
    27     THE RECYCLING FUND AND THE HAZARDOUS SITES CLEANUP FUND. THE
    28     COMBINED TOTAL OF APPROPRIATIONS FROM THESE TWO FUNDS FOR THE
    29     PROGRAM SHALL NOT EXCEED $30,000,000 ANNUALLY.]
    30         * * *
    20020H2345B3989                  - 4 -

     1     (D)  ALLOCATION.--IT IS THE INTENT OF THE GENERAL ASSEMBLY
     2  THAT THE MONEY APPROPRIATED IN SUBSECTION (C) BE ALLOCATED
     3  ANNUALLY AS FOLLOWS:
     4         * * *
     5         (3)  FOR FISCAL YEAR 2004-2005 AND EACH YEAR THEREAFTER,
     6     MONEYS IN THE FUND SHALL BE ALLOCATED IN ACCORDANCE WITH
     7     PARAGRAPH [(1)] (2).
     8     * * *
     9  § 6105.  AGENCIES.
    10     (A)  THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.--
    11         (1)  THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
    12     SHALL UTILIZE MONEY IT RECEIVES FROM THE FUND FOR THE
    13     FOLLOWING PURPOSES:
    14             (I)  TO REHABILITATE, REPAIR AND DEVELOP STATE PARK
    15         AND STATE FOREST LANDS AND FACILITIES AND THE ACQUISITION
    16         OF INTERIOR LANDS WITHIN STATE PARKS AND STATE FORESTS.
    17             (II)  TO PROVIDE GRANTS TO A COUNTY OR OTHER
    18         MUNICIPALITY, CONSERVATION DISTRICTS AND AUTHORIZED
    19         ORGANIZATIONS FOR THE PURPOSE OF PLANNING, EDUCATION,
    20         ACQUISITION, DEVELOPMENT, REHABILITATION AND REPAIR OF
    21         GREENWAYS, RECREATIONAL TRAILS, OPEN SPACE, NATURAL
    22         AREAS, RIVER CORRIDORS, WATERSHEDS, COMMUNITY AND
    23         HERITAGE PARKS AND RECREATION FACILITIES; COMMUNITY
    24         CONSERVATION AND BEAUTIFICATION PROJECTS; FOREST
    25         CONSERVATION; AND OTHER CONSERVATION PURPOSES. GRANTS
    26         UNDER THIS PARAGRAPH MAY NOT BE USED BY AN AUTHORIZED
    27         ORGANIZATION FOR LAND ACQUISITION UNLESS THE AUTHORIZED
    28         ORGANIZATION OBTAINS THE APPROVAL OF ALL COUNTIES IN
    29         WHICH THE LAND IS SITUATED. GRANT MONEYS MAY ALSO BE USED
    30         FOR THE ACQUISITION OF FARMLAND FOR THE PURPOSES SET
    20020H2345B3989                  - 5 -

     1         FORTH IN THIS PARAGRAPH.
     2             (III)  TO PROVIDE GRANTS TO A COUNTY OR OTHER
     3         MUNICIPALITY AND AUTHORIZED ORGANIZATIONS FOR THE PURPOSE
     4         OF RESEARCH, PLANNING, INVENTORIES AND TECHNICAL
     5         ASSISTANCE INTENDED TO PROTECT AND CONSERVE THE
     6         BIOLOGICAL DIVERSITY OF THIS COMMONWEALTH.
     7             (IV)  NOT LESS THAN 15% OF THE ALLOCATION SHALL BE
     8         USED FOR THE FUNDING AND ENHANCEMENT OF PENNSYLVANIA'S
     9         HERITAGE PARKS PROGRAM TO PROVIDE GRANTS TO STATE-
    10         DESIGNATED HERITAGE PARK AGENCIES FOR THE ACQUISITION,
    11         DEVELOPMENT AND MANAGEMENT OF HERITAGE AREAS.
    12         * * *
    13  § 6112.  EXTENSION OF FEES.
    14     (A)  RECYCLING FEE.--NO FEE SHALL BE IMPOSED UNDER SECTION
    15  701 OF THE ACT OF JULY 28, 1988 (P.L.556, NO.101), KNOWN AS THE
    16  MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT, ON
    17  OR AFTER OCTOBER 15, [2004] 2009.
    18     (B)  [FEE] FEES ESTABLISHED.--
    19         (1)  (I)  EACH OPERATOR OF A MUNICIPAL WASTE LANDFILL
    20         SHALL PAY, IN THE SAME MANNER PRESCRIBED IN SECTION 701
    21         OF THE MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE
    22         REDUCTION ACT, AN AMOUNT EQUAL TO 25¢ PER TON OF WEIGHTED
    23         WASTE OR 25¢ PER THREE CUBIC YARDS OF VOLUME-MEASURED
    24         WASTE FOR ALL SOLID WASTE RECEIVED AT THE LANDFILL.
    25         [THESE FEES)
    26             (II)  THE FEE ESTABLISHED UNDER THIS PARAGRAPH SHALL
    27         BE PAID TO THE STATE TREASURY AND DEPOSITED INTO THE
    28         FUND.
    29         (2) (I)  EACH OPERATOR OF A MUNICIPAL WASTE LANDFILL
    30         SHALL PAY, IN THE SAME MANNER PRESCRIBED IN CHAPTER 7 OF
    20020H2345B3989                  - 6 -

     1         THE MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE
     2         REDUCTION ACT, A DISPOSAL FEE OF $6 PER TON FOR ALL SOLID
     3         WASTE DISPOSED OF AT THE MUNICIPAL WASTE LANDFILL.
     4             (II)  THE FEE ESTABLISHED UNDER THIS PARAGRAPH SHALL
     5         APPLY TO ALL PROCESS RESIDUE AND NONPROCESSIBLE WASTE
     6         FROM A RESOURCE RECOVERY FACILITY THAT IS DISPOSED OF AT
     7         THE MUNICIPAL WASTE LANDFILL, EXCEPT FOR PROCESS RESIDUE
     8         AND NONPROCESSIBLE WASTE THAT IS PERMITTED FOR BENEFICIAL
     9         USE OR FOR USE AS ALTERNATE DAILY COVER AT THE MUNICIPAL
    10         WASTE LANDFILL.
    11             (III)  THE FEE ESTABLISHED UNDER THIS PARAGRAPH SHALL
    12         NOT APPLY TO SOLID WASTE FROM A HAZARDOUS WASTE TREATMENT
    13         FACILITY THAT IS CONVERTED INTO NONHAZARDOUS WASTE AND
    14         DISPOSED OF AT THE MUNICIPAL WASTE LANDFILL.
    15             (IV)  THE OPERATOR AND ANY PERSON WHO COLLECTS OR
    16         TRANSPORTS SOLID WASTE SUBJECT TO THE FEE ESTABLISHED
    17         UNDER THIS PARAGRAPH MAY COLLECT THE FEE AS A SURCHARGE
    18         IN ACCORDANCE WITH SECTION 705 OF THE MUNICIPAL WASTE
    19         PLANNING, RECYCLING AND WASTE REDUCTION ACT.
    20             (V)  THE FEE ESTABLISHED UNDER THIS PARAGRAPH IS IN
    21         ADDITION TO THE FEE PRESCRIBED IN SECTION 701 OF THE
    22         MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION
    23         ACT AND SHALL BE PAID TO THE STATE TREASURER AND
    24         DEPOSITED AS PROVIDED IN PARAGRAPH (3).
    25         (3)  (I)  THE DEPARTMENT SHALL DEPOSIT $3.50 PER TON OF
    26         THE FEE COLLECTED UNDER PARAGRAPH (2) IN THE
    27         ENVIRONMENTAL STEWARDSHIP FUND TO BE ALLOCATED IN
    28         ACCORDANCE WITH SECTIONS 6104(D) (RELATING TO FUND) AND
    29         6105 (RELATING TO AGENCIES).
    30             (II)  THE DEPARTMENT SHALL DEPOSIT $1 PER TON OF THE
    20020H2345B3989                  - 7 -

     1         FEE COLLECTED UNDER PARAGRAPH (2) IN THE COMMUNITY
     2         RENEWAL ACCOUNT ESTABLISHED IN SECTION 6114 (RELATING TO
     3         COMMUNITY RENEWAL ACCOUNT).
     4             (III)  THE DEPARTMENT SHALL DEPOSIT 50¢ PER TON OF
     5         THE FEE COLLECTED UNDER PARAGRAPH (2) IN THE CONSERVATION
     6         HERITAGE ACCOUNT ESTABLISHED IN SECTION 6115 (RELATING TO
     7         CONSERVATION HERITAGE ACCOUNT).
     8             (IV)  THE DEPARTMENT SHALL DEPOSIT $1 PER TON, UP TO
     9         A MAXIMUM OF $25,000,000 ANNUALLY, IN THE VOLUNTEER FIRE
    10         COMPANY FUND ESTABLISHED IN SECTION 6116 (RELATING TO
    11         VOLUNTEER FIRE COMPANY FUND).
    12     SECTION 2.  TITLE 27 IS AMENDED BY ADDING SECTIONS TO READ:
    13  § 6114.  COMMUNITY RENEWAL ACCOUNT.
    14     (A)  ESTABLISHMENT.--THE COMMUNITY RENEWAL ACCOUNT IS HEREBY
    15  ESTABLISHED AS A SEPARATE FUND WITHIN THE STATE TREASURY. THE
    16  MONEYS OF THE ACCOUNT ARE HEREBY APPROPRIATED ON A CONTINUING
    17  BASIS TO CARRY OUT THE PROVISIONS OF THIS SECTION.
    18     (B)  SOURCE OF FUNDING.--THE MONEYS OF THE ACCOUNT SHALL
    19  CONSIST OF THE PORTION OF THE RECYCLING FEE ALLOCATED UNDER
    20  SECTION 6112(B)(3)(II) (RELATING TO EXTENSION OF FEES), ALL
    21  INTEREST EARNED ON THOSE MONEYS AND ANY OTHER MONEYS
    22  APPROPRIATED OR MADE AVAILABLE TO THE DEPARTMENT FOR DEPOSIT
    23  INTO THE ACCOUNT.
    24     (C)  ALLOCATION.--THE MONEYS OF THE ACCOUNT, TOGETHER WITH
    25  ALL INTEREST EARNED THEREON, SHALL BE ALLOCATED ANNUALLY AS
    26  FOLLOWS:
    27         (1)  90% TO A RESTRICTED REVENUE ACCOUNT WITHIN THE
    28     COMMUNITY RENEWAL ACCOUNT FOR USE BY THE DEPARTMENT OF
    29     COMMUNITY AND ECONOMIC DEVELOPMENT.
    30         (2)  10% TO A RESTRICTED REVENUE ACCOUNT WITHIN THE
    20020H2345B3989                  - 8 -

     1     COMMUNITY RENEWAL ACCOUNT FOR USE BY THE PENNSYLVANIA
     2     HISTORICAL AND MUSEUM COMMISSION.
     3     (D)  USE OF ACCOUNT.--
     4         (1)  THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
     5     SHALL USE ITS ALLOCATION FOR URBAN AND COMMUNITY
     6     REVITALIZATION AIMED AT ADDRESSING THE ROOT CAUSES OF
     7     SUBURBAN SPRAWL AND LOSS OF HABITAT AND OPEN SPACE; IMPROVING
     8     THE ECONOMIC VITALITY AND QUALITY OF LIFE IN CITIES AND TOWNS
     9     THROUGHOUT THIS COMMONWEALTH; MAKING THESE AREAS MORE
    10     ATTRACTIVE FOR HOME OWNERSHIP AND THE REHABILITATION OF
    11     RESIDENTIAL PROPERTIES; ENCOURAGING INVESTMENT IN AREAS THAT
    12     ALREADY POSSESS WATER, SEWER, TRANSPORTATION AND OTHER FORMS
    13     OF INFRASTRUCTURE; AND ENSURING THAT THE BENEFITS OF PROGRAMS
    14     FUNDED BY AN INCREASE IN THE SOLID WASTE TIPPING FEE FLOW TO
    15     ALL OF THE CITIZENS OF THIS COMMONWEALTH. NOT MORE THAN 20%
    16     OF THE ALLOCATION MAY BE EXPENDED IN ANY ONE FISCAL YEAR IN
    17     ANY ONE COUNTY. THE DEPARTMENT OF COMMUNITY AND ECONOMIC
    18     DEVELOPMENT'S ALLOCATION SHALL BE USED FOR THE FOLLOWING
    19     PROGRAMS:
    20             (I)  NOT LESS THAN 20% OF THE ALLOCATION FOR THE
    21         FUNDING AND ENHANCEMENT OF THE MAIN STREET PROGRAM,
    22         INCLUDING ANY AND ALL CLASSES OF PROGRAM PARTICIPATION AS
    23         THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MAY
    24         DETERMINE.
    25             (II)  NOT LESS THAN 10% OF THE ALLOCATION FOR THE
    26         ESTABLISHMENT AND FUNDING OF AN ELM STREET PROGRAM TO
    27         REVITALIZE CORE RESIDENTIAL AREAS ADJACENT TO DOWNTOWN
    28         COMMERCIAL AREAS AS DEFINED BY THE RELEVANT REGULATIONS
    29         GOVERNING THAT PROGRAM.
    30             (III)  NOT LESS THAN 15% OF THE ALLOCATION FOR THE
    20020H2345B3989                  - 9 -

     1         ESTABLISHMENT AND FUNDING OF AN ENHANCED LAND USE AND
     2         COMMUNITY PLANNING PROGRAM INCLUDING CURRENT PROGRAM
     3         ACTIVITIES BUT WITH A FURTHER EMPHASIS ON SMART GROWTH
     4         INITIATIVES INCLUDING TRANSIT REVITALIZATION INVESTMENT
     5         DISTRICTS.
     6             (IV)  NOT LESS THAN 15% OF THE ALLOCATION FOR THE
     7         ESTABLISHMENT AND FUNDING OF AN EXPANDED PROGRAM TO
     8         ASSIST WITH THE ACQUISITION AND REHABILITATION OF ANCHOR
     9         BUILDINGS THAT ARE KEY AND HIGH VISIBILITY COMMERCIAL
    10         STRUCTURES WITHIN THE CENTRAL BUSINESS DISTRICT OF A
    11         COMMUNITY AS DEFINED BY THE RELEVANT REGULATIONS
    12         GOVERNING THAT PROGRAM.
    13             (V)  NOT LESS THAN 20% OF THE ALLOCATION FOR THE
    14         ESTABLISHMENT AND FUNDING OF A STATEWIDE URBAN
    15         HOMESTEADING PROGRAM TO PROVIDE INCENTIVES FOR THE
    16         REDEVELOPMENT OF ABANDONED RESIDENTIAL DWELLINGS OR
    17         VACANT LOTS, AND TO ASSIST MUNICIPALITIES WITH OTHER
    18         PROGRAMS OR INITIATIVES TO COMBAT URBAN BLIGHT.
    19             (VI)  NOT LESS THAN 20% OF THE ALLOCATION FOR
    20         RETENTION AS A CONTINGENCY TO FUND EXCESS DEMAND FOR ANY
    21         OF THE PROGRAMS REFERENCED IN SUBPARAGRAPHS (I) THROUGH
    22         (V), EXCEPT THAT NO SINGLE PROGRAM MAY RECEIVE MORE THAN
    23         75% OF THE CONTINGENCY ALLOCATION.
    24         (2)  THE PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION
    25     SHALL USE ITS ALLOCATION UNDER SUBSECTION (C) FOR THE FUNDING
    26     OF THE HISTORIC HOMESITE GRANT PROGRAM TO PROVIDE GRANTS OR
    27     LOANS TO REHABILITATE HISTORIC RESIDENTIAL PROPERTIES.
    28     (E)  ADMINISTRATIVE EXPENSE LIMITATION.--THE DEPARTMENT AND
    29  AGENCY THAT RECEIVE MONEYS FROM THE COMMUNITY RENEWAL ACCOUNT
    30  FOR THE PURPOSES SET FORTH IN THIS SECTION MAY NOT EXPEND MORE
    20020H2345B3989                 - 10 -

     1  THAN 2% OF THE MONEYS ON ADMINISTRATIVE EXPENSES.
     2  § 6115.  CONSERVATION HERITAGE ACCOUNT.
     3     (A)  ESTABLISHMENT.--THE CONSERVATION HERITAGE ACCOUNT IS
     4  HEREBY ESTABLISHED AS A SEPARATE FUND WITHIN THE STATE TREASURY.
     5  THE MONEYS OF THE ACCOUNT ARE HEREBY APPROPRIATED ON A
     6  CONTINUING BASIS TO CARRY OUT THE PROVISIONS OF THIS SECTION.
     7     (B)  SOURCE OF FUNDING.--THE MONEYS OF THE CONSERVATION
     8  HERITAGE ACCOUNT SHALL CONSIST OF THE PORTION OF THE RECYCLING
     9  FEE ALLOCATED UNDER SECTION 6112(B)(3)(III) (RELATING TO
    10  EXTENSION OF FEES), ALL INTEREST EARNED ON THOSE MONEYS AND ANY
    11  OTHER MONEYS APPROPRIATED OR MADE AVAILABLE TO THE DEPARTMENT
    12  FOR DEPOSIT INTO THE ACCOUNT.
    13     (C)  ALLOCATION.--THE MONEYS OF THE CONSERVATION HERITAGE
    14  ACCOUNT SHALL BE ALLOCATED ANNUALLY AS FOLLOWS:
    15         (1)  45% TO A RESTRICTED REVENUE ACCOUNT WITHIN THE
    16     CONSERVATION HERITAGE ACCOUNT FOR USE BY THE PENNSYLVANIA
    17     FISH AND BOAT COMMISSION.
    18         (2)  45% TO A RESTRICTED REVENUE ACCOUNT WITHIN THE
    19     CONSERVATION HERITAGE ACCOUNT FOR USE BY THE PENNSYLVANIA
    20     GAME COMMISSION.
    21         (3)  10% TO A RESTRICTED REVENUE ACCOUNT WITHIN THE
    22     CONSERVATION HERITAGE ACCOUNT FOR TRANSFER TO THE WILD
    23     RESOURCE CONSERVATION FUND.
    24     (D) USE OF ACCOUNT.--
    25         (1)  THE PENNSYLVANIA FISH AND BOAT COMMISSION SHALL USE
    26     ITS ALLOCATION UNDER SUBSECTION (C)(1) FOR THE CONSTRUCTION
    27     AND REHABILITATION OF INFRASTRUCTURE.
    28         (2)  THE PENNSYLVANIA GAME COMMISSION SHALL USE ITS
    29     ALLOCATION UNDER SUBSECTION (C)(2) FOR THE CONSTRUCTION AND
    30     REHABILITATION OF INFRASTRUCTURE.
    20020H2345B3989                 - 11 -

     1         (3)  THE AMOUNT ALLOCATED UNDER SUBSECTION (C)(3) TO THE
     2     WILD RESOURCE CONSERVATION FUND SHALL BE USED FOR THE
     3     PURPOSES SPECIFIED FOR THAT FUND IN THE ACT OF JUNE 23, 1982
     4     (P.L.597, NO.170), KNOWN AS THE WILD RESOURCE CONSERVATION
     5     ACT.
     6     (E)  ADMINISTRATIVE EXPENSE LIMITATION.--
     7         (1)  THE PENNSYLVANIA FISH AND BOAT COMMISSION AND THE
     8     PENNSYLVANIA GAME COMMISSION SHALL NOT EXPEND ANY MONEYS FROM
     9     THE CONSERVATION HERITAGE ACCOUNT UNDER SUBSECTION (C)(1) OR
    10     (2) ON ADMINISTRATIVE EXPENSES.
    11         (2)  ANY DEPARTMENT THAT RECEIVES MONEYS FROM THE
    12     CONSERVATION HERITAGE ACCOUNT FROM SUBSECTION (C)(3) MAY NOT
    13     EXPEND MORE THAN 2% OF THE MONEYS ON ADMINISTRATIVE EXPENSES.
    14  § 6116.  VOLUNTEER FIRE COMPANY FUND.
    15     (A)  ESTABLISHMENT.--THE VOLUNTEER FIRE COMPANY FUND IS
    16  ESTABLISHED IN THE STATE TREASURY. THE MONEYS OF THE VOLUNTEER
    17  FIRE COMPANY FUND ARE HEREBY APPROPRIATED ON A CONTINUING BASIS
    18  TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT TO CARRY
    19  OUT THE PROVISIONS OF THIS SECTION.
    20     (B)  SOURCE OF FUNDING.--THE MONEYS OF THE VOLUNTEER FIRE
    21  COMPANY FUND SHALL CONSIST OF THE PORTION OF THE RECYCLING FEE
    22  ALLOCATED UNDER SECTION 6112(B)(3)(IV) (RELATING TO EXTENSION OF
    23  FEES) AND ANY OTHER MONEYS APPROPRIATED OR MADE AVAILABLE TO THE
    24  DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR DEPOSIT
    25  INTO THE VOLUNTEER FIRE COMPANY FUND.
    26     (C)  USE OF FUND.--THE MONEYS OF THE VOLUNTEER FIRE COMPANY
    27  FUND SHALL BE USED, IN CONSULTATION WITH THE STATE FIRE
    28  COMMISSIONER, TO PROVIDE SUPPORT FOR VOLUNTEER FIRE COMPANIES AS
    29  DETERMINED BY REGULATIONS OF THE DEPARTMENT OF COMMUNITY AND
    30  ECONOMIC DEVELOPMENT.
    20020H2345B3989                 - 12 -

     1     SECTION 3.  THIS ACT SHALL TAKE EFFECT IN 60 DAYS.




















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