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                                                      PRINTER'S NO. 1100

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 934 Session of 2007


        INTRODUCED BY SCAVELLO, BROOKS, BELFANTI, BRENNAN, CREIGHTON,
           EVERETT, FAIRCHILD, GEORGE, GINGRICH, GOODMAN, HARHART,
           HARRIS, HENNESSEY, HORNAMAN, M. KELLER, KILLION, KIRKLAND,
           LONGIETTI, MILLARD, PYLE, SIPTROTH, SURRA, THOMAS, YOUNGBLOOD
           AND REICHLEY, MARCH 29, 2007

        REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
           MARCH 29, 2007

                                     AN ACT

     1  Amending the act of July 28, 1988 (P.L.556, No.101), entitled
     2     "An act providing for planning for the processing and
     3     disposal of municipal waste; requiring counties to submit
     4     plans for municipal waste management systems within their
     5     boundaries; authorizing grants to counties and municipalities
     6     for planning, resource recovery and recycling; imposing and
     7     collecting fees; establishing certain rights for host
     8     municipalities; requiring municipalities to implement
     9     recycling programs; requiring Commonwealth agencies to
    10     procure recycled materials; imposing duties; granting powers
    11     to counties and municipalities; authorizing the Environmental
    12     Quality Board to adopt regulations; authorizing the
    13     Department of Environmental Resources to implement this act;
    14     providing remedies; prescribing penalties; establishing a
    15     fund; and making repeals," further providing for powers and
    16     duties of counties.

    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19     Section 1.  Section 303 of the act of July 28, 1988 (P.L.556,
    20  No.101), known as the Municipal Waste Planning, Recycling and
    21  Waste Reduction Act, is amended by adding a subsection to read:
    22  Section 303.  Powers and duties of counties.
    23     * * *

     1     (g)  Recycling and waste management fee.--
     2         (1)  A county or its designated agent may impose a
     3     recycling and waste management fee on municipal solid waste
     4     generated within its borders and disposed of at resource
     5     recovery facilities or municipal waste landfills designated
     6     in the county's municipal waste management plan as provided
     7     for in Chapter 5.
     8         (2)  (i)  The fee shall not exceed $4 per ton for the
     9         first five years in which it is imposed.
    10             (ii)  After the first five-year period, the limit on
    11         the fee under subparagraph (i) shall be increased every
    12         five years to account for inflation by taking the average
    13         of the five prior years' increase, if any, in the
    14         Consumer Price Index for All Urban Consumers (CPI-U)
    15         categorized further as Philadelphia All Items as
    16         officially reported by the Department of Labor, Bureau of
    17         Labor Statistics.
    18             (iii)  The fee shall be collected by the disposal
    19         facilities and paid to the counties or their agent on a
    20         quarterly basis or as otherwise negotiated.
    21         (3)  The transporter or transfer station that is charged
    22     a fee pursuant to this subsection may pass through and obtain
    23     the fee from the generator of such waste as a surcharge on
    24     any fee schedule established pursuant to law, ordinance,
    25     resolution or contract for solid waste collection, transfer,
    26     transport and delivery.
    27         (4)  Funds generated by the fee imposed under this
    28     subsection shall be deposited in a dedicated account or fund
    29     to be used exclusively for recycling and waste management
    30     activities, services, staff or plan implementation. These
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     1     activities may include:
     2             (i)  Recycling and composting collection, processing,
     3         research or program planning.
     4             (ii)  Related alternative energy, waste and recycling
     5         activities.
     6             (iii)  Collections for special materials.
     7             (iv)  Household hazardous waste or universal waste
     8         programs.
     9             (v)  Illegal dump and litter remediation and
    10         prevention activities.
    11             (vi)  Public education and promotion associated with
    12         and enforcement of waste and recycling programs.
    13             (vii)  Staff and overhead costs associated with
    14         administration and implementation of these programs.
    15         (5)  The county solid waste authority or county solid
    16     waste advisory committee, as described in section 503(a), or
    17     its designee, shall review a spending plan for the funds
    18     collected under this subsection, make suggestions and propose
    19     any changes it believes appropriate.
    20         (6)  Counties or their agents may enter into agreements
    21     with municipalities, councils of governments or other
    22     appropriate agencies to provide these services.
    23         (7)  This subsection shall not be construed to preclude:
    24             (i)  Counties or their designated agent from
    25         negotiating other fees to support programs described in
    26         paragraph (4).
    27             (ii)  Municipalities or their agents from charging
    28         user fees for services incident to their self-
    29         administered and/or contracted recycling programs.
    30     Section 2.  This act shall take effect in 60 days.
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