PRINTER'S NO. 298
No. 294 Session of 2001
INTRODUCED BY GERLACH, COSTA, CONTI, KUKOVICH, LEMMOND, BOSCOLA,
BELL, HOLL AND O'PAKE, FEBRUARY 5, 2001
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 5, 2001
AN ACT
1 Amending the act of June 28, 1995 (P.L.89, No.18), entitled "An
2 act creating the Department of Conservation and Natural
3 Resources consisting of certain functions of the Department
4 of Environmental Resources and the Department of Community
5 Affairs; renaming the Department of Environmental Resources
6 as the Department of Environmental Protection; defining the
7 role of the Environmental Quality Board in the Department of
8 Environmental Protection; making changes to responsibilities
9 of the State Conservation Commission and the Department of
10 Agriculture; transferring certain powers and duties to the
11 Department of Health; and repealing inconsistent acts,"
12 providing for the development by the Department of
13 Environmental Protection of a comprehensive plan for
14 protection, conservation, management and development of water
15 resources within this Commonwealth.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The title of the act of June 28, 1995 (P.L.89,
19 No.18), known as the Conservation and Natural Resources Act, is
20 amended to read:
21 AN ACT
22 Creating the Department of Conservation and Natural Resources
23 consisting of certain functions of the Department of
24 Environmental Resources and the Department of Community
1 Affairs; renaming the Department of Environmental Resources
2 as the Department of Environmental Protection; defining the
3 role of the Environmental Quality Board in the Department of
4 Environmental Protection; making changes to responsibilities
5 of the State Conservation Commission and the Department of
6 Agriculture; transferring certain powers and duties to the
7 Department of Health; providing for a comprehensive water
8 resources plan; and repealing inconsistent acts.
9 Section 2. Section 101 of the act is amended by adding
10 subsections to read:
11 Section 101. Findings and statement of purpose.
12 * * *
13 (a.1) Additional findings and purpose.--The General Assembly
14 further finds and declares that development of a comprehensive
15 plan will facilitate protection, conservation, management and
16 development of this Commonwealth's water resources.
17 * * *
18 (b.1) Statement of additional intent.--It is the intent of
19 the General Assembly and an additional purpose of this act to
20 charge the Department of Environmental Protection with the
21 responsibility to develop a comprehensive water resources plan
22 to safeguard these resources for generations yet to come.
23 Section 3. The act is amended by adding a chapter to read:
24 CHAPTER 7
25 STATE WATER RESOURCES PLAN
26 Section 701. Definitions.
27 The following words and phrases when used in this chapter
28 shall have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Comprehensive plan." A strategy for protection,
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1 conservation, management and development of this Commonwealth's
2 water resources prepared under this chapter.
3 "Department." The Department of Environmental Protection of
4 the Commonwealth.
5 "Integrated water resources plan." A plan adopted by
6 municipalities under Article VIII-B of the act of July 31, 1968
7 (P.L.805, No.247), known as the Pennsylvania Municipalities
8 Planning Code.
9 "River basin commission plan." A comprehensive plan for the
10 immediate and long-range development and use of the water
11 resources of an area drained by a river formulated and adopted
12 by a body corporate and politic of which the Commonwealth is a
13 member.
14 "Special management area." A geographic zone defined by
15 natural features or other criteria established by the Department
16 of Environmental Protection by regulation where there is a
17 significant risk of groundwater depletion or degradation from
18 activities conducted at or near the land surface.
19 Section 702. Survey and study.
20 (a) Purpose.--The department shall undertake a survey and
21 study of the water resources of this Commonwealth for the
22 purpose of preparing the comprehensive plan. State agencies,
23 boards and commissions and municipalities shall cooperate with
24 the department to facilitate the survey and study.
25 (b) Duplication not required.--The department may use
26 existing water resources plans, surveys and studies, updating
27 them as may be necessary, in its preparation of the
28 comprehensive plan.
29 (c) Assistance.--The department may seek the assistance and
30 cooperation of the Federal Government and appropriate agencies
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1 of other states in preparing the comprehensive plan.
2 Section 703. Participation by public.
3 (a) Notice of commencement.--The department shall publish
4 notice of intention to prepare the comprehensive plan in the
5 Pennsylvania Bulletin. The notice shall also contain the
6 following:
7 (1) A brief description of the methodology that will be
8 employed to prepare the comprehensive plan.
9 (2) A tentative schedule for completion of significant
10 components of the comprehensive plan.
11 (3) An invitation for the public to comment on
12 preparation of the comprehensive plan.
13 (b) Public hearings.--During preparation of the
14 comprehensive plan, the department shall give notice of and
15 conduct public hearings on such aspects of the comprehensive
16 plan as may, in its discretion, warrant participation by the
17 public.
18 Section 704. Contents of comprehensive plan.
19 The plan shall include, but not be limited to, the following:
20 (1) Identification of existing water resources,
21 including water resources that originate outside basins or
22 subbasins.
23 (2) Identification of existing uses of water resources,
24 including consumptive and conjunctive uses.
25 (3) An estimate of future trends in uses of water,
26 including population and land use projections.
27 (4) Identification of the capacity of basins and
28 subbasins to provide adequate supplies to meet anticipated
29 demands by both withdrawal and nonwithdrawal users.
30 (5) A catalog of water resource shortfalls, potential
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1 conflicts among users and basin and subbasin areas that
2 require special management.
3 (6) Consideration of points of discharge of wastewater
4 to the subsurface and to rivers and streams.
5 (7) Programs and procedures, including conservation,
6 based upon principles of sound hydrologic management of
7 water, effective environmental protection and efficient
8 management, to address water resource problems.
9 Section 705. Regional and local plans.
10 (a) River basin plans and compacts.--The comprehensive plan
11 shall take into account and correlate with river basin
12 commission plans and plans adopted under multistate compacts for
13 conservation and management of water resources.
14 (b) Integrated water resources plans.--To the fullest extent
15 feasible, the comprehensive plan shall incorporate integrated
16 water resources plans.
17 Section 706. Special management areas.
18 (a) Identification in comprehensive plan.--The department in
19 its preparation of the comprehensive plan shall identify
20 locations that require special management to protect and
21 conserve water resources.
22 (b) Designation.--
23 (1) A special management area may be included in or
24 added to the comprehensive plan under this subsection.
25 (2) Following identification of an area that requires
26 special management, the department shall determine its
27 boundaries and declare its intent to designate a special
28 management area. Notice of intent shall be published in the
29 Pennsylvania Bulletin, and the public shall be afforded a
30 reasonable opportunity, not less than 60 days, to submit
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1 comments to the department. Notice of intent shall also be
2 published for two successive weeks in a newspaper of general
3 circulation within the proposed special management area. The
4 notice shall also contain the date, time and a location
5 within the proposed special management area of a public
6 hearing where the department will receive testimony and hear
7 arguments in support of and in opposition to its proposal.
8 (3) (i) Within 90 days after the period for public
9 comment has expired or within 90 days after the
10 conclusion of the public hearing, whichever is later, the
11 department shall designate the location as a special
12 management area if it finds any of the following:
13 (A) Current or projected demands and uses of
14 water resources exceed or threaten to exceed the safe
15 yield of water resources.
16 (B) Current or projected demands and uses of
17 water resources are consumptive uses that threaten
18 identified or existing uses and preservation of water
19 resources.
20 (C) Current or projected demands and uses of
21 water resources have reduced or will reduce the
22 quantity of water below the level required to meet
23 needs.
24 (D) Current or projected demands and uses of
25 water resources conflict with provisions of the
26 comprehensive plan or its implementation or conflict
27 with an interstate river basin commission plan.
28 (ii) In making a finding under this paragraph, the
29 department shall take into account the provisions of an
30 integrated water resources plan that lies within or is
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1 adjacent to the proposed special management area.
2 Section 707. Effect of special management area designation.
3 (a) Powers of department.--
4 (1) After a location has been designated a special
5 management area, the department may do the following with
6 regard to the area:
7 (i) Impose such management controls as the
8 Environmental Quality Board, by regulation, may
9 establish. Management controls shall be calculated to
10 conserve, develop, protect and regulate water resources
11 within the special management area and may include
12 requiring a permit from the department before a person
13 may make a surface or groundwater withdrawal.
14 (ii) Impose fees, as fixed by the Environmental
15 Quality Board by regulation in an amount that will fully
16 reimburse the department for its costs in administering
17 management controls, against persons and entities who
18 benefit from imposition of management controls.
19 (2) Where appropriate, implementation of management
20 controls shall be undertaken in cooperation with a river
21 basin commission or a commission operating under a multistate
22 compact to avoid duplication of effort and jurisdictional
23 conflicts.
24 (3) If a special management area lies within the
25 boundaries of an integrated water resources plan, the
26 department shall cooperate and interact with the
27 municipalities that adopted the plan to implement and
28 administer management controls.
29 (b) Municipal powers.--After a location has been designated
30 a special management area, a municipality that lies in whole or
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1 in part within the area may enact zoning and other land use
2 ordinances under the act of July 31, 1968 (P.L.805, No.247),
3 known as the Pennsylvania Municipalities Planning Code, to
4 protect, conserve, manage and develop water resources within the
5 portion of the special management area that lies within its
6 municipal boundaries. An ordinance adopted under this subsection
7 may not conflict with management controls imposed by the
8 department and shall be effective only in the municipality that
9 enacts it.
10 Section 708. Completion of comprehensive plan.
11 (a) Preliminary comprehensive plan.--After it completes its
12 survey and study of this Commonwealth's water resources, the
13 department shall prepare a preliminary comprehensive plan. The
14 preliminary comprehensive plan shall be made available for
15 public inspection at convenient locations throughout this
16 Commonwealth and the public shall be afforded the opportunity to
17 comment on it.
18 (b) Final comprehensive plan.--The department shall complete
19 a final comprehensive plan within five years of the effective
20 date of this chapter.
21 (c) Update of comprehensive plan.--After the final
22 comprehensive plan is complete, the department shall thereafter
23 revise and update the comprehensive plan every ten years.
24 Section 4. This act shall take effect immediately.
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