PRINTER'S NO. 220
No. 3 Session of 2005
INTRODUCED BY QUIGLEY, HARPER, ADOLPH, HERSHEY, BUNT, McGILL,
CRAHALLA, CORNELL, RUBLEY, E. Z. TAYLOR, WATSON, SCHRODER,
FICHTER, FLICK, GODSHALL, O'NEILL, PETRI, WRIGHT, HENNESSEY,
ALLEN, ARGALL, ARMSTRONG, BAKER, BALDWIN, BARRAR, BASTIAN,
BOYD, BROWNE, CALTAGIRONE, CAPPELLI, CIVERA, DALLY, J. EVANS,
FAIRCHILD, FEESE, FLEAGLE, GANNON, GEIST, GILLESPIE,
GINGRICH, GOOD, GOODMAN, HARHART, HASAY, HERMAN, HICKERNELL,
M. KELLER, KENNEY, KILLION, LEH, MAHER, R. MILLER, MUSTIO,
PYLE, RAPP, RAYMOND, REICHLEY, ROSS, SATHER, SAYLOR,
SCAVELLO, S. H. SMITH, STERN, R. STEVENSON, THOMAS, TRUE,
YOUNGBLOOD AND YUDICHAK, FEBRUARY 3, 2005
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 3, 2005
AN ACT
1 Amending Title 27 (Environmental Resources) of the Pennsylvania
2 Consolidated Statutes, further providing for definitions;
3 establishing the Environmental Endowment Account and the
4 Environmental Stewardship Sinking Fund; continuing the
5 Hazardous Sites Cleanup Fund; further providing for agencies;
6 providing for intergovernmental coordination, for evaluation
7 of applications and for extension of fees; authorizing
8 incurring of indebtedness, sale of bonds, temporary financing
9 and debt retirement; providing for certification and
10 publication of certification; further providing for deposit
11 of disposal fees, for sunset and for adjustments; and making
12 a repeal.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The definition of "departments" in section 6103
16 of Title 27 of the Pennsylvania Consolidated Statutes is amended
17 and the section is amended by adding definitions to read:
18 § 6103. Definitions.
1 The following words and phrases when used in this chapter
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 * * *
5 "Agricultural Conservation Easement Purchase Fund." The
6 Agricultural Conservation Easement Purchase Fund established in
7 the act of June 30, 1981 (P.L.128, No.43), known as the
8 Agricultural Area Security Law.
9 * * *
10 "Capital Facilities Debt Enabling Act." The act of February
11 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt
12 Enabling Act.
13 "Departments." The [Department of Agriculture, the]
14 Department of Conservation and Natural Resources and the
15 Department of Environmental Protection of the Commonwealth.
16 * * *
17 "Environmental Endowment Account." The Environmental
18 Endowment Account established in section 6104.1 (relating to
19 funds and accounts).
20 "Environmental Stewardship Sinking Fund." The Environmental
21 Stewardship Sinking Fund established in section 6104.1 (relating
22 to funds and accounts).
23 * * *
24 "Green PA Bond Act." The act of , 2005 (P.L. , No.
25 ), known as the Green PA Bond Act.
26 "Hazardous Sites Cleanup Fund." The Hazardous Sites Cleanup
27 Fund established in section 6104.1(c) (relating to funds and
28 accounts).
29 * * *
30 "Issuing officials." The Governor, the Auditor General and
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1 the State Treasurer.
2 * * *
3 Section 2. Section 6104 of Title 27 is amended to read:
4 § 6104. Fund.
5 (a) Establishment.--There is established a special fund in
6 the State Treasury, to be known as the Environmental Stewardship
7 Fund.
8 [(b) Sources.--
9 (1) Money appropriated by the General Assembly, interest
10 earned by the fund, penalties, money received from the
11 Federal Government or other sources and money received from
12 the fee established under section 6112(b) (relating to
13 extension of fees) shall be deposited in the fund. Moneys
14 appropriated by the General Assembly to the fund shall be
15 transferred on a quarterly basis in increments of at least
16 20%.
17 (2) For fiscal years 1999-2000 through 2003-2004, the
18 fund may receive money, upon approval of the Governor, from
19 the Recycling Fund and the Hazardous Sites Cleanup Fund. The
20 combined total of appropriations from these two funds for the
21 program shall not exceed $30,000,000 annually.
22 (3) It is the intent of the General Assembly that
23 $100,000,000 per fiscal year be appropriated from the General
24 Fund for fiscal years 2000-2001 through 2003-2004 to the
25 fund. The Governor's annual budget submission for fiscal
26 years 2000-2001 through 2003-2004 shall include the sum of
27 $100,000,000 per fiscal year for allocation in accordance
28 with this section.
29 (c) Appropriation.--The money in the fund is hereby
30 appropriated, upon approval of the Governor, to the departments
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1 and the authority for the purpose of implementing the provisions
2 of this chapter.]
3 (b.1) Sources.--The following shall be credited by the
4 Treasury Department to the fund:
5 (1) Proceeds from the sale of the bonds issued in
6 accordance with the Green PA Bond Act and section 6114(a)
7 (relating to Commonwealth indebtedness).
8 (2) Money received from the Federal Government or other
9 sources.
10 (3) Any money that may be appropriated by the General
11 Assembly.
12 (d) Allocation[.--It is the intent of the General Assembly
13 that the money appropriated in subsection (c) be allocated
14 annually] and appropriation.--Money in the fund is hereby
15 appropriated on a continuing basis as follows:
16 (1) For fiscal year 1999-2000, 28.4% to the Department
17 of Conservation and Natural Resources, 43.7% to the
18 Department of Environmental Protection and 27.9% to the
19 authority.
20 (2) For fiscal years 2000-2001 through 2003-2004, 24.1%
21 to the Department of Conservation and Natural Resources,
22 37.4% to the Department of Environmental Protection, 14.8% to
23 the Department of Agriculture and 23.7% to the authority.
24 (3) For fiscal year 2004-2005 [and each year
25 thereafter], moneys in the fund shall be allocated in
26 accordance with paragraph (1).
27 (4) For fiscal year 2005-2006 and each fiscal year
28 thereafter, 31.3% to the Department of Conservation and
29 Natural Resources, 43.7% to the Department of Environmental
30 Protection, and 25% to the authority.
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1 (e) Legislative oversight.--
2 (1) An annual expenditure plan for the fund shall be
3 submitted by the Governor to the General Assembly as part of
4 the Governor's annual budget submission. The expenditure plan
5 shall be open for review and comment by the members of the
6 General Assembly and shall include a detailed listing of the
7 types of programs for the actual year, current year and
8 proposed budget year.
9 (2) The Secretary of the Budget shall provide quarterly
10 financial statements showing the status of the Recycling
11 Fund, the Hazardous Sites Cleanup Fund [and], the
12 Environmental Stewardship Fund and the Environmental
13 Stewardship Sinking Fund to the [chairman] chairperson and
14 minority [chairman] chairperson of the Appropriations
15 Committee of the Senate and the [chairman] chairperson and
16 minority [chairman] chairperson of the Appropriations
17 Committee of the House of Representatives. Such statements
18 shall be provided within 30 days of the close of each quarter
19 of the fiscal year and shall commence with the quarter ending
20 March 31, 2000.
21 (3) The Secretary of Environmental Protection, the
22 Secretary of Conservation and Natural Resources and the
23 Director of the Pennsylvania Infrastructure Investment
24 Authority shall each submit a report no later than September
25 15, 2006, and each September 15 thereafter, to the
26 chairperson and minority chairperson of the Environmental
27 Resources and Energy Committee of the Senate and to the
28 chairperson and minority chairperson of the Environmental
29 Resources and Energy Committee of the House of
30 Representatives for the prior fiscal year. Each report shall
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1 include all of the following:
2 (i) A detailed list of all grants and loans awarded
3 or made with funds received under this chapter.
4 (ii) A description of each project which received a
5 grant or loan awarded or made with funds received under
6 this chapter.
7 (iii) A description of the source of each local
8 match for each project which received a grant or loan
9 awarded or made with funds received under this chapter.
10 (iv) The environmental impact of each project which
11 received a grant or loan awarded or made with funds
12 received under this chapter.
13 (v) Any other information the secretary or director
14 deems necessary or useful for the committee to access the
15 environmental impact of a grant or loan.
16 Section 3. Title 27 is amended by adding a section to read:
17 § 6104.1. Funds and accounts.
18 (a) Environmental Stewardship Sinking Fund.--There is
19 established a special fund to be known as the Environmental
20 Stewardship Sinking Fund. The Environmental Stewardship Sinking
21 Fund shall be used to make principal and interest payments under
22 section 6114(d) (relating to Commonwealth indebtedness).
23 (b) Environmental Endowment Account.--
24 (1) There is established within the fund a restricted
25 account to be known as the Environmental Endowment Account.
26 The following shall be deposited in the Environmental
27 Endowment Account:
28 (i) Interest earned on the fund.
29 (ii) Ninety percent of any excess money in the
30 Environmental Stewardship Sinking Fund balance as
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1 certified in accordance with section 6115 (relating to
2 certifications).
3 (iii) Penalties and fees imposed by the Department
4 of Environmental Protection and Department of
5 Conservation and Natural Resources under this chapter or
6 Chapter 63 (relating to disposal fee).
7 (2) Money held or deposited in the Environmental
8 Endowment Account may be invested or reinvested by the State
9 Treasurer as are other funds in the custody of the State
10 Treasurer in the manner provided by law. Any proceeds from
11 the investment of the Environmental Endowment Account shall
12 be credited by the Treasury Department to the Environmental
13 Endowment Account.
14 (3) Beginning in fiscal year 2007-2008, whenever the
15 Governor determines that money from the Environmental
16 Endowment Account is necessary to meet the environmental
17 needs of the citizens of this Commonwealth, he shall present
18 a request for an appropriation along with the specifics of
19 his proposal and such suggested ancillary and substantive
20 legislation as may be necessary to the chairperson of the
21 Appropriations Committee of the Senate and the chairperson of
22 the Appropriation Committee of the House of Representatives.
23 The General Assembly may then, through approval of a separate
24 appropriation bill by a vote of two-thirds of the members
25 elected to the Senate and the House of Representatives,
26 appropriate money from the Environmental Endowment Account to
27 meet the needs identified in the Governor's proposal. Any
28 money appropriated according to this section which then
29 lapsed shall be returned to the Environmental Endowment
30 Account.
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1 (c) Hazardous Sites Cleanup Fund.--There is established a
2 special fund to be known as the Hazardous Sites Cleanup Fund.
3 Section 4. Sections 6105 and 6112 of Title 27 are amended to
4 read:
5 § 6105. Agencies.
6 (a) The Department of Conservation and Natural Resources.--
7 (1) The Department of Conservation and Natural Resources
8 shall utilize money it receives from the fund for the
9 following purposes:
10 (i) To rehabilitate, repair and develop State park
11 and State forest lands and facilities and the acquisition
12 of interior lands within State parks and State forests.
13 (ii) To provide grants to a county [or other],
14 municipality, conservation [districts and] district or
15 authorized [organizations] organization for open space
16 preservation. Grants provided under this subparagraph may
17 be used for the purpose of land use planning, education,
18 acquisition, development, rehabilitation and repair of
19 greenways, recreational trails, [open space,] natural
20 areas, river corridors, watersheds, community and
21 heritage parks and recreation facilities; community
22 conservation and beautification projects; forest
23 conservation; and other conservation purposes. Grants
24 under this paragraph may not be used by an authorized
25 organization for land acquisition unless the authorized
26 organization obtains the approval of all counties in
27 which the land is situated. [Grant moneys may also be
28 used for the acquisition of farmland for the purposes set
29 forth in this paragraph.]
30 (iii) To provide grants to a county [or other],
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1 municipality [and] or authorized [organizations]
2 organization for the purpose of research, planning,
3 inventories and technical assistance intended to protect
4 and conserve the biological diversity of this
5 Commonwealth.
6 (2) The Department of Conservation and Natural Resources
7 [may] shall require matching funds as a condition of the
8 award of a grant under this subsection. As used in this
9 paragraph, the term "matching funds" shall include all of the
10 following:
11 (i) Personnel and maintenance costs.
12 (ii) Outreach activities.
13 (iii) Land and other in-kind contributions.
14 (3) For fiscal year 2005-2006, and each fiscal year
15 thereafter, the Department of Conservation and Natural
16 Resources shall use a minimum of $15,000,000 of the money it
17 receives pursuant to this chapter for grants for open space
18 preservation under paragraph (1)(ii).
19 (b) The Department of Environmental Protection.--
20 (1) The Department of Environmental Protection shall
21 utilize money it receives from the fund for the following
22 purposes:
23 (i) To implement acid mine drainage abatement [and
24 cleanup efforts and plug abandoned and orphan oil and gas
25 wells], mine cleanup efforts and funding for abandoned
26 mine reclamation.
27 (ii) To provide funding for technical assistance and
28 financial incentives to facilitate remining.
29 (iii) To provide grants to a county [or other],
30 municipality, county conservation [districts] district,
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1 watershed [organizations and] organization or other
2 authorized [organizations] organization for acid mine
3 drainage abatement, mine cleanup efforts and [well
4 plugging] abandoned mine reclamation.
5 (iv) To provide grants and technical assistance to a
6 county [or other], municipality, county conservation
7 [districts] district, watershed [organizations and]
8 organization or other authorized [organizations]
9 organization to plan and implement local watershed-based
10 conservation efforts.
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 earthmoving activities.
15 (vi) To provide grants for safe drinking water
16 projects and wastewater treatment projects as provided
17 for in section 6110 (relating to environmental
18 infrastructure grants to water and wastewater treatment
19 facilities).
20 (vii) To plug abandoned and orphan oil and gas
21 wells.
22 (viii) To provide grants to a county, municipality,
23 county conservation district, watershed organization or
24 other authorized organization for well plugging.
25 (2) County conservation districts may further distribute
26 grants received under this section to watershed organizations
27 and other authorized organizations to assist in the
28 implementation of this chapter.
29 (3) The Department of Environmental Protection [may]
30 shall require matching funds as a condition of the award of a
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1 grant under this subsection.
2 [(4) For the period commencing with the effective date
3 of this chapter and ending June 30, 2004, the Department of
4 Environmental Protection may utilize up to 10% of the money
5 allocated annually to it under section 6104(d) (relating to
6 fund) to provide grants for safe drinking water projects and
7 wastewater treatment projects. Grants under this paragraph
8 shall be made for the same purposes and shall be subject to
9 the same limitations as grants authorized in section 6110.]
10 As used in this paragraph, the term "matching funds" shall
11 include all of the following:
12 (i) Personnel and maintenance costs.
13 (ii) Outreach activities.
14 (iii) Land and other in-kind contributions.
15 (5) For fiscal year 2005-2006, and each year thereafter,
16 the Department of Environmental Protection shall use a
17 minimum of $15,000,000 of the money it receives pursuant to
18 this chapter for Commonwealth efforts or grants for acid mine
19 drainage abatement, mine cleanup and abandoned mine
20 reclamation under paragraph (1)(i) and (iii).
21 [(c) Department of Agriculture.--Funds allocated to the
22 Department of Agriculture under this chapter shall be deposited
23 in the Agricultural Conservation Easement Purchase Fund and are
24 subject to the provisions of the act of June 30, 1981 (P.L.128,
25 No.43), known as the Agricultural Area Security Law.]
26 (d) The authority.--The authority shall utilize money it
27 receives from the fund to provide financial assistance in the
28 form of grants and matching grants for storm water, water and
29 sewer infrastructure projects, including construction or
30 rehabilitation of collection and conveyance systems. The
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1 authority shall develop criteria to be used to award grants
2 under this subsection. The criteria and proposed changes thereto
3 shall be submitted to the Environmental Resources and Energy
4 Committee of the Senate and the Environmental Resources and
5 Energy Committee of the House of Representatives for review and
6 comment. The committees shall have 60 days to submit comments to
7 the authority. Criteria shall be reviewed by the authority and
8 the committees at least once every three years.
9 (e) Administrative expense limitation.--The departments,
10 authority and grant recipients that receive moneys from the fund
11 for the purposes set forth in this section may not expend more
12 than 2% of the moneys on administrative expenses.
13 (f) Expenditure [limitation.--] limitations.--
14 (1) No moneys made available through the fund shall be
15 used for any purpose which, directly or indirectly, precludes
16 access to or use of any forested land for the practice of
17 sustainable forestry and commercial production of timber or
18 other forest products. This [subsection] paragraph shall not
19 apply to funds used by the Department of Conservation and
20 Natural Resources, counties or municipalities for the
21 purchase or improvement of park land to be used for public
22 recreation.
23 (2) No moneys made available through the fund shall be
24 used to purchase supplies or construction as those terms are
25 used in 62 Pa.C.S. § 103 (relating to definitions) unless the
26 purchase is made under 62 Pa.C.S. § 512 (relating to
27 competitive sealed bidding).
28 (g) Regulations.--The departments and the authority may
29 promulgate regulations necessary to carry out the purposes of
30 this chapter.
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1 (h) Intergovernmental coordination.--Prior to providing a
2 grant or loan with money received pursuant to this chapter, an
3 agency shall ensure that the project is generally consistent
4 with the county comprehensive plan and any applicable municipal
5 plan.
6 (i) Evaluation of applications.--In reviewing applications,
7 the departments and the authority shall give priority
8 consideration to applications which maximize the ratio of
9 environmental benefit received when compared to dollars spent.
10 Approved projects must be eligible for tax-exempt bond funding.
11 § 6112. Extension of fees.
12 (b) Fee established.--Each operator of a municipal waste
13 landfill shall pay, in the same manner prescribed in section 701
14 of the Municipal Waste Planning, Recycling and Waste Reduction
15 Act, an amount equal to 25¢ per ton of weighted waste or 25¢ per
16 three cubic yards of volume-measured waste for all solid waste
17 received at the landfill. These fees shall be paid to the State
18 Treasury and deposited into the fund. For fiscal year 2005-2006
19 and each fiscal year thereafter, these fees shall be deposited
20 into the Agricultural Conservation Easement Purchase Fund.
21 Section 5. Title 27 is amended by adding sections to read:
22 § 6114. Commonwealth indebtedness.
23 (a) Borrowing authorized.--
24 (1) Pursuant to section 7(a)(3) of Article VIII of the
25 Constitution of Pennsylvania and the referendum authorized by
26 the Green PA Bond Act and approved by the electorate, the
27 issuing officials are authorized and directed to borrow, on
28 the credit of the Commonwealth, money not exceeding in the
29 aggregate the sum of $800,000,000, in annual increments not
30 to exceed $115,000,000, not including money borrowed to
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1 refund outstanding bonds, notes or replacement notes as may
2 be found necessary to carry out the purposes of this chapter.
3 (2) All bonds and notes issued under this chapter shall
4 be:
5 (i) exempt from taxation for State and local
6 purposes; and
7 (ii) eligible for tax-exempt bond funding status
8 under existing Federal law.
9 (3) Borrowing authorized under paragraph (1) shall be
10 made in accordance with the procedures specified in sections
11 307 and 308 of the act of February 9, 1999 (P.L.1, No.1),
12 known as the Capital Facilities Debt Enabling Act, as of the
13 effective date of this paragraph.
14 (b) Sale of bonds.--
15 (1) All sales of the bonds shall be made in accordance
16 with procedures specified in section 309 of the Capital
17 Facilities Debt Enabling Act, as of the effective date of
18 this paragraph.
19 (2) The proceeds realized from the sale of bonds and
20 notes except refunding bonds and replacement notes under this
21 chapter shall be paid into the fund and are specifically
22 dedicated to the purposes of this chapter. The proceeds shall
23 be paid by the State Treasurer to the departments in
24 accordance with the allocations specified in section
25 6104(d)(4) (relating to fund). The proceeds of the sale of
26 refunding bonds and replacement notes shall be paid to the
27 State Treasurer and applied to the payment of principal, and
28 any accrued interest and premium, and cost of redemption, of
29 the bonds and notes for which the obligations have been
30 issued.
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1 (3) Pending their application for the purposes
2 authorized, money held or deposited by the State Treasurer
3 may be invested or reinvested as are other funds in the
4 custody of the State Treasurer in the manner provided by law.
5 All earnings received from the investment or deposit of the
6 funds shall be paid into the fund and credited to the
7 Environmental Endowment Account.
8 (4) The Auditor General shall prepare the necessary
9 registry book to be kept in the office of the authorized loan
10 and transfer agent of the Commonwealth for the registration
11 of bonds, at the request of owners of the bonds, according to
12 the terms and conditions of issue directed by the issuing
13 officials.
14 (5) There is hereby appropriated to the State Treasurer
15 from the fund as much money as may be necessary for all costs
16 and expenses in connection with the issue and sale and
17 registration of the bonds and notes in connection with this
18 chapter and the payment of interest arbitrage rebates.
19 (c) Temporary financing authorization.--
20 (1) Pending the issuance of bonds of this Commonwealth
21 as authorized, the issuing officials are authorized, in
22 accordance with this chapter and on the credit of this
23 Commonwealth, to make temporary borrowings not to exceed one
24 year in anticipation of the issue of bonds in order to
25 provide funds in amounts as deemed advisable prior to the
26 issue of bonds. In order to provide for and in connection
27 with any temporary borrowing, the issuing officials are
28 authorized in the name and on behalf of the Commonwealth to
29 enter into purchase, loan or credit agreements or other
30 agreement with any bank or trust company, other lending
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1 institution, investment banking firm or person in the United
2 States having power to enter into the agreement. The
3 agreement may contain provisions not inconsistent with this
4 chapter as authorized by the issuing officials.
5 (2) Temporary borrowings made under this subsection
6 shall be made in accordance with the provisions of section
7 306(b), (c) and (d) of the Capital Facilities Debt Enabling
8 Act as of the effective date of this paragraph.
9 (3) Outstanding notes evidencing the borrowings may be
10 funded and retired by the issuance and sale of the bonds of
11 this Commonwealth as authorized in this paragraph. The
12 refunding bonds shall be issued and sold not later than a
13 date one year after the date of issuance of the first notes
14 evidencing the borrowing to the extent that payment of the
15 notes has not otherwise been made or provided for by sources
16 other than proceeds of replacement notes.
17 (4) The proceeds of all temporary borrowing shall be
18 paid to the State Treasurer to be held and disposed of in
19 accordance with this chapter.
20 (d) Debt retirement.--
21 (1) All bonds issued under the authority of this chapter
22 shall be redeemed at maturity, together with all interest
23 due. Principal and interest payments shall be paid from the
24 Environmental Stewardship Sinking Fund. For the specific
25 purpose of redeeming the bonds at maturity and paying all
26 interest on the bonds in accordance with the information
27 received from the Governor, the General Assembly shall
28 annually appropriate money from the Environmental Stewardship
29 Sinking Fund for the payment of interest on the bonds and
30 notes and the principal of the bonds and notes at maturity.
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1 All money in the Environmental Stewardship Sinking Fund and
2 all of the money not necessary to pay accruing interest shall
3 be invested by the State Treasurer in securities as are
4 provided by law for the investment of the sinking funds of
5 the Commonwealth.
6 (2) The State Treasurer shall annually determine and
7 report to the Secretary of the Budget by November 1:
8 (i) the amount of money necessary for the payment of
9 interest on outstanding obligations;
10 (ii) the principal of the obligations for the
11 following fiscal year; and
12 (iii) the times and amounts of the payments.
13 (3) The Governor shall include in every budget submitted
14 to the General Assembly full information relating to:
15 (i) the issuance of bonds and notes under this
16 chapter;
17 (ii) the status of the fund and the Environmental
18 Stewardship Sinking Fund; and
19 (iii) the payment of principal of and interest on
20 the bonds and notes at maturity.
21 § 6115. Certifications.
22 (a) General rule.--Beginning June 30, 2006, and annually
23 thereafter, the Secretary of the Budget shall certify to the
24 chairpersons of the Appropriations Committee of the Senate and
25 the chairpersons of the Appropriations Committee of the House of
26 Representatives any excess Environmental Stewardship Sinking
27 Fund balance for the current and future fiscal years. The excess
28 fund balance shall be calculated by subtracting the total actual
29 debt service on currently outstanding Green PA bonds plus
30 projected debt service on remaining Green PA bonds authorized
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1 but not issued, from the current balance of the Environmental
2 Stewardship Sinking Fund plus anticipated Environmental
3 Stewardship Sinking Fund revenues deposited in accordance with
4 section 6302 (relating to deposit of disposal fee).
5 (b) Additional indebtedness.--Beginning with fiscal year
6 2006-2007 and each fiscal year thereafter, prior to the issuing
7 officials incurring additional indebtedness under section 6114
8 (relating to Commonwealth indebtedness), the Secretary of the
9 Budget shall certify to the chairperson of the Appropriations
10 Committee of the Senate and the chairperson of the
11 Appropriations Committee of the House of Representatives whether
12 sufficient money will exist in the Environmental Stewardship
13 Sinking Fund to pay the principal of and interest on the
14 existing indebtedness and proposed additional indebtedness,
15 incurred and to be incurred by the Commonwealth under section
16 6114. If the Secretary of the Budget certifies that sufficient
17 money will exist in the Environmental Stewardship Sinking Fund
18 to pay the principal of and interest on the existing
19 indebtedness and the proposed additional indebtedness, the
20 issuing officials may, upon publication of the certification
21 under subsection (a), incur the additional indebtedness in
22 accordance with section 6114. If the Secretary of the Budget
23 certifies that sufficient money will not exist in the
24 Environmental Stewardship Sinking Fund to pay the principal of
25 and interest on the existing indebtedness and the proposed
26 additional indebtedness, the issuing officials may not incur the
27 additional indebtedness. Upon a publication of a certification
28 to the chairperson of the Appropriations Committee of the Senate
29 and the chairperson of the Appropriations Committee of the House
30 of Representatives that sufficient money will exist, the issuing
20050H0003B0220 - 18 -
1 officials may incur additional indebtedness in accordance with
2 section 6114.
3 (c) Publication.--The Secretary of the Budget shall transmit
4 notice of the certifications to the Legislative Reference Bureau
5 for publication in the Pennsylvania Bulletin.
6 Section 6. Sections 6302, 6304 and 6306 of Title 27 are
7 amended to read:
8 § 6302. Deposit of disposal fee.
9 (1) For the fiscal year 2002-2003, fees received by the
10 department pursuant to section 6301 (relating to disposal fee
11 for municipal waste landfills) shall be paid into the State
12 Treasury as follows:
13 (i) The first $50,000,000 in fees collected shall be
14 deposited into the Environmental Stewardship Fund
15 established in Chapter 61 (relating to environmental
16 stewardship and watershed protection).
17 (ii) Any fees collected thereafter shall be
18 deposited in the General Fund.
19 (2) For the fiscal [year 2003-2004 and beyond] years
20 2003-2004 and 2004-2005, all fees collected shall be
21 deposited into the Environmental Stewardship Fund established
22 in Chapter 61.
23 (3) For fiscal year 2005-2006 and each fiscal year
24 thereafter, fees received by the Commonwealth under section
25 6301 shall be deposited as follows:
26 (i) $2.50 per ton shall be deposited into the
27 Environmental Stewardship Sinking Fund.
28 (ii) $1.25 per ton shall be deposited into the
29 Hazardous Sites Cleanup Fund.
30 (iii) 25¢ per ton shall be deposited into the
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1 Agricultural Conservation Easement Purchase Fund.
2 [§ 6304. Sunset.
3 No fee or surcharge shall be imposed under this chapter on
4 and after July 1, 2012.
5 § 6306. Adjustments.
6 When the Governor's proposed budget for the upcoming fiscal
7 year, as submitted pursuant to section 12 of Article VIII of the
8 Constitution of Pennsylvania, contains a revision to the revenue
9 estimate for the current year of at least 3% less than the
10 official revenue estimate for the current year, the funds
11 deposited pursuant to section 6302(2) (relating to deposit of
12 disposal fee) may be adjusted by transferring or redirecting up
13 to 25% of these deposits to the General Fund.]
14 Section 7. Section 602.3 of the act of March 4, 1971 (P.L.6,
15 No.2), known as the Tax Reform Code of 1971, is repealed.
16 Section 8. Section 6104.1(c) of Title 27 is a continuation
17 of the former section 602.3(a) of the act of March 4, 1971
18 (P.L.6, No.2), known as the Tax Reform Code of 1971.
19 Section 9. If the electorate ratifies the question under the
20 act of 2005 (P.L. , No. ), known as the Green PA Bond Act, the
21 Secretary of the Commonwealth shall immediately transmit notice
22 of the ratification to the Legislative Reference Bureau for
23 publication in the Pennsylvania Bulletin.
24 Section 10. This act shall take effect as follows:
25 (1) The following provisions shall take effect
26 immediately:
27 (i) Section 9 of this act.
28 (ii) This section.
29 (2) The remainder of this act shall take effect upon
30 publication of the notice under section 9 of this act.
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