PRINTER'S NO. 1100
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 20070H0934B1100 - 2 -
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. C13L27DMS/20070H0934B1100 - 3 -