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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1667, 1982               PRINTER'S NO. 4184

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1202 Session of 2007


        INTRODUCED BY GERBER, GEORGE, BENNINGTON, CALTAGIRONE, CONKLIN,
           CURRY, DePASQUALE, DeWEESE, EACHUS, FABRIZIO, FREEMAN,
           GIBBONS, GOODMAN, HARHAI, HARKINS, HORNAMAN, JAMES, JOSEPHS,
           KORTZ, MAHONEY, MANDERINO, MUNDY, M. O'BRIEN, PETRONE,
           PRESTON, SANTONI, SHIMKUS, K. SMITH, M. SMITH, STABACK,
           SURRA, TANGRETTI, THOMAS, VITALI, WALKO, YUDICHAK, McCALL,
           LENTZ, R. TAYLOR, GRUCELA, SEIP AND WAGNER, MAY 24, 2007

        SENATOR ARMSTRONG, APPROPRIATIONS, RE-REPORTED AS AMENDED,
           JULY 2, 2008

                                     AN ACT

     1  Providing for the sale of transportation fuels containing clean,  <--
     2     renewable or alternative fuel content.
     3     PROVIDING FOR THE STUDY AND MANDATED CONTENT OF BIOFUELS.      <--

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.                                          <--
     7     This act shall be known and may be cited as the Clean Fuels
     8  and Energy Independence Act.
     9  Section 2.  Purpose.
    10     The purpose of this act is to do the following:
    11         (1)  Establish mandates for renewable content in on-road
    12     transportation fuels sold at retail in this Commonwealth.
    13         (2)  Improve air and water quality and reduce production
    14     of greenhouse gases and other environmentally harmful
    15     emissions in this Commonwealth.

     1         (3)  Promote energy independence.
     2         (4)  Stimulate this Commonwealth's economy by increasing
     3     demand for homegrown alternative fuel, creating production
     4     facility construction jobs and creating long-term
     5     manufacturing jobs.
     6         (5)  Provide alternative fuel sources that can be used to
     7     protect consumers in this Commonwealth, both individuals and
     8     businesses, from the volatile and ever-increasing costs of
     9     traditional fuel sources.
    10  Section 3.  Definitions.
    11     The following words and phrases when used in this act shall
    12  have the meanings given to them in this section unless the
    13  context clearly indicates otherwise:
    14     "Biodiesel."  A renewable, biodegradable, mono alkyl ester
    15  combustible liquid fuel that meets American Society for Testing
    16  and Materials Specification D6751 or its successor standard,
    17  Standard Specification for Biodiesel Fuel Blend Stock (B100) for
    18  Middle Distillate Fuels.
    19     "Department."  The Department of Environmental Protection of
    20  the Commonwealth.
    21     "Ethanol."  An ethyl alcohol that has a purity of at least
    22  99%, exclusive of added denaturants, that adheres to all of the
    23  following standards:
    24         (1)  It has been denatured in conformity with a method
    25     approved by the Bureau of Alcohol, Tobacco, Firearms and
    26     Explosives of the United States Department of Justice, as
    27     specified in 27 CFR Pts. 20 (relating to distribution and use
    28     of denatured alcohol and rum) and 21 (relating to formulas
    29     for denatured alcohol and rum).
    30         (2)  It meets all of the requirements of American Society
    20070H1202B4184                  - 2 -     

     1     for Testing and Materials Specification D4806 or its
     2     successor standard, Standard Specification for Denatured Fuel
     3     Ethanol for Blending with Gasolines for Use as Automotive
     4     Spark-Ignition Engine Fuel.
     5     "E85."  A petroleum product that is a blend of denatured
     6  ethanol and gasoline or natural gasoline that typically contains
     7  85% ethanol by volume. E85 produced for use as a motor fuel
     8  shall comply with American Society for Testing and Materials
     9  Specification D5798 or its successor standard.
    10  Section 4.  Biodiesel content in diesel fuel sold in this
    11                 Commonwealth.
    12     (a)  Volume standards.--The following standards shall apply:
    13         (1)  All diesel fuel sold or offered for sale in this
    14     Commonwealth must contain at least 2% biodiesel by volume,
    15     one year after in-State production volume of 30 million
    16     gallons of biodiesel has been reached and sustained for three
    17     months on an annualized basis.
    18         (2)  All diesel fuel sold or offered for sale in this
    19     Commonwealth must contain at least 5% biodiesel by volume,
    20     one year after in-State production volume of 75 million
    21     gallons of biodiesel has been reached and sustained for three
    22     months on an annualized basis.
    23         (3)  All diesel fuel sold or offered for sale in this
    24     Commonwealth must contain at least 10% biodiesel by volume,
    25     one year after in-State production volume of 150 million
    26     gallons of biodiesel has been reached and sustained for three
    27     months on an annualized basis, provided vehicle manufacturers
    28     recognize engine warranties associated with the use of
    29     biodiesel blends 10% or greater.
    30         (4)  All diesel fuel sold or offered for sale in this
    20070H1202B4184                  - 3 -     

     1     Commonwealth must contain at least 20% biodiesel by volume,
     2     one year after in-State production volume of 300 million
     3     gallons of biodiesel has been reached and sustained for three
     4     months on an annualized basis, provided vehicle manufacturers
     5     recognize engine warranties associated with the use of
     6     biodiesel blends 20% or greater.
     7     (b)  Exception.--The requirements of subsection (a) shall not
     8  apply to aviation fuel or where prohibited by law.
     9     (c)  Coal-to-liquids substitution.--Nonsulfur diesel fuel
    10  derived from coal can be used in place of biodiesel to meet the
    11  requirements of this section provided the fuel's carbon
    12  emissions are fully offset, either through carbon sequestration
    13  or by participating in carbon offset programs as provided by
    14  section 6(b)(1).
    15  Section 5.  Ethanol content in gasoline sold in this
    16                 Commonwealth.
    17     (a)  Ethanol content required.--All gasoline sold or offered
    18  for sale in this Commonwealth, except gasoline sold for use as
    19  aviation fuel or as prohibited by law, must contain at least 10%
    20  ethanol by volume as determined by an appropriate United States
    21  Environmental Protection Agency or American Society for Testing
    22  and Materials standard method of analysis within one year after
    23  the following conditions have been met:
    24         (1)  An in-State production volume of 200 million gallons
    25     of ethanol has been reached and sustained for three months on
    26     an annualized basis.
    27         (2)  The department and the Department of Transportation
    28     have made a determination, after a public hearing process,
    29     that infrastructure sufficient to accommodate the
    30     distribution and sale of gasoline containing 10% ethanol by
    20070H1202B4184                  - 4 -     

     1     volume is in place Statewide. In making this determination
     2     the department and the Department of Transportation shall
     3     assess rail capability Statewide, including terminal
     4     facilities capable of handling volumes of ethanol sufficient
     5     to meet the requirements of this act.
     6     (b)  Reporting required.--If the department and the
     7  Department of Transportation determine that the necessary
     8  infrastructure is not in place Statewide under subsection
     9  (a)(2), the agencies shall, within 60 days following the
    10  determination and annually thereafter, if necessary, report to
    11  the Governor and the General Assembly as follows:
    12         (1)  Identify areas where necessary infrastructure is not
    13     in place.
    14         (2)  Describe actions planned or being taken to install
    15     the necessary infrastructure.
    16         (3)  Identify any impediments to the installation of the
    17     necessary infrastructure.
    18         (4)  Make recommendations for the installation of the
    19     necessary infrastructure.
    20     (c)  Construction.--Nothing in this section shall prohibit
    21  the sale of E85 or gasoline with concentrations of ethanol
    22  greater than 10%.
    23  Section 6.  Agency responsibilities.
    24     (a)  Department of Agriculture.--With the exception of
    25  section 4(c), the Department of Agriculture shall ensure
    26  compliance with this act and, in consultation with the
    27  department and the Department of Transportation, promulgate
    28  regulations as necessary to enforce the requirements of this
    29  act.
    30     (b)  Department.--
    20070H1202B4184                  - 5 -     

     1         (1)  The department shall promulgate and ensure
     2     compliance with regulations for achieving the carbon offset
     3     requirements of section 4(c).
     4         (2)  The department shall conduct a study to evaluate the
     5     effects this act has on the ability of this Commonwealth to
     6     attain and maintain the National Ambient Air Quality
     7     Standards.
     8  Section 7.  Effective date.
     9     This act shall take effect immediately.
    10  SECTION 1.  SHORT TITLE.                                          <--
    11     THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE BIOFUEL
    12  DEVELOPMENT AND IN-STATE PRODUCTION INCENTIVE ACT.
    13  SECTION 2.  DEFINITIONS.
    14     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
    15  HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    16  CONTEXT CLEARLY INDICATES OTHERWISE:
    17     "BIODIESEL."  A RENEWABLE, BIODEGRADABLE, MONO ALKYL ESTER
    18  COMBUSTIBLE LIQUID FUEL THAT MEETS AMERICAN SOCIETY FOR TESTING
    19  AND MATERIALS SPECIFICATION D-6751-02, OR ITS SUCCESSOR
    20  STANDARD, BIODIESEL FUEL (B100) BLEND STOCK FOR DISTILLATE
    21  FUELS.
    22     "CELLULOSIC ETHANOL."  THE TERM SHALL HAVE THE SAME MEANING
    23  AS CELLULOSIC BIOFUEL SET FORTH IN SECTION 211(O)(1)(E) OF THE
    24  CLEAN AIR ACT (69 STAT. 322, 42 U.S.C. § 7545(O)(1)(E)), AS
    25  AMENDED BY SECTION 201 OF THE ENERGY INDEPENDENCE AND SECURITY
    26  ACT OF 2007 (P.L. 110-140, TITLE II, SUBTITLE A, § 201, 121
    27  STAT. 1519 (2007)).
    28     "DEPARTMENT."  THE DEPARTMENT OF AGRICULTURE OF THE
    29  COMMONWEALTH.
    30     "NONPETROLEUM RENEWABLE RESOURCES."  VEGETABLE OILS, ANIMAL
    20070H1202B4184                  - 6 -     

     1  FATS OR ANIMAL WASTES.
     2     "RENEWABLE DIESEL."  A NONESTER DIESEL FUEL OR FUEL BLENDING
     3  COMPONENT DERIVED FROM NONPETROLEUM RENEWABLE RESOURCES THAT
     4  MEETS ALL OF THE FOLLOWING CRITERIA:
     5         (1)  IS USED TO REPLACE OR REDUCE THE QUANTITY OF FOSSIL
     6     FUELS PRESENT IN FUELS SOLD TO THE CONSUMER.
     7         (2)  IS REGISTERED UNDER 40 CFR PT. 79 (RELATING TO
     8     REGISTRATION OF FUELS AND FUEL ADDITIVES) FOR MOTOR VEHICLE
     9     FUELS OR FUEL ADDITIVES.
    10         (3)  MEETS AN ESTABLISHED AMERICAN SOCIETY FOR TESTING
    11     AND MATERIALS SPECIFICATION, SUCH AS D975 FOR DIESEL FUELS OR
    12     D396 FOR FUEL OILS.
    13         (4)  IS COMPATIBLE FOR USE IN ENGINES AND EQUIPMENT
    14     DESIGNED TO RUN ON CONVENTIONAL PETROLEUM DIESEL FUELS.
    15         (5)  IS DERIVED FROM RENEWABLE CONTENT AT THE PERCENTAGES
    16     REQUIRED BY THIS ACT.
    17  SECTION 3.  BIODIESEL CONTENT IN DIESEL FUEL SOLD FOR ON-ROAD
    18                 USE.
    19     (A)  VOLUME STANDARDS.--THE FOLLOWING STANDARDS SHALL APPLY:
    20         (1)  ALL DIESEL FUEL SOLD OR OFFERED FOR SALE TO ULTIMATE
    21     CONSUMERS IN THIS COMMONWEALTH FOR USE IN ON-ROAD COMPRESSION
    22     IGNITION ENGINES MUST CONTAIN AT LEAST 2% BIODIESEL BY VOLUME
    23     ONE YEAR AFTER THE IN-STATE PRODUCTION VOLUME OF 40,000,000
    24     GALLONS OF BIODIESEL HAS BEEN REACHED AND SUSTAINED FOR THREE
    25     MONTHS ON AN ANNUALIZED BASIS AS DETERMINED BY THE
    26     DEPARTMENT.
    27         (2)  ALL DIESEL FUEL SOLD OR OFFERED FOR SALE TO ULTIMATE
    28     CONSUMERS IN THIS COMMONWEALTH FOR USE IN ON-ROAD COMPRESSION
    29     IGNITION ENGINES MUST CONTAIN AT LEAST 5% BIODIESEL BY VOLUME
    30     ONE YEAR AFTER THE IN-STATE PRODUCTION VOLUME OF 100,000,000
    20070H1202B4184                  - 7 -     

     1     GALLONS OF BIODIESEL HAS BEEN REACHED AND SUSTAINED FOR THREE
     2     MONTHS ON AN ANNUALIZED BASIS AS DETERMINED BY THE
     3     DEPARTMENT.
     4         (3)  ALL DIESEL FUEL SOLD OR OFFERED FOR SALE TO ULTIMATE
     5     CONSUMERS IN THIS COMMONWEALTH FOR USE IN ON-ROAD COMPRESSION
     6     IGNITION ENGINES MUST CONTAIN AT LEAST 10% BIODIESEL BY
     7     VOLUME ONE YEAR AFTER THE IN-STATE PRODUCTION VOLUME OF
     8     200,000,000 GALLONS OF BIODIESEL HAS BEEN REACHED AND
     9     SUSTAINED FOR THREE MONTHS ON AN ANNUALIZED BASIS AS
    10     DETERMINED BY THE DEPARTMENT.
    11         (4)  ALL DIESEL FUEL SOLD OR OFFERED FOR SALE TO ULTIMATE
    12     CONSUMERS IN THIS COMMONWEALTH FOR USE IN ON-ROAD COMPRESSION
    13     IGNITION ENGINES MUST CONTAIN AT LEAST 20% BIODIESEL BY
    14     VOLUME ONE YEAR AFTER THE IN-STATE PRODUCTION VOLUME OF
    15     400,000,000 GALLONS OF BIODIESEL HAS BEEN REACHED AND
    16     SUSTAINED FOR THREE MONTHS ON AN ANNUALIZED BASIS AS
    17     DETERMINED BY THE DEPARTMENT.
    18     (B)  APPLICABILITY OF STANDARDS.--THE VOLUME STANDARDS
    19  MANDATED IN SUBSECTION (A)(3) AND (4) SHALL BE EFFECTIVE ONLY IF
    20  THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF
    21  TRANSPORTATION AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION,
    22  MAKES A DETERMINATION THAT MANUFACTURERS OF DIESEL-FUELED
    23  VEHICLES THAT ARE SOLD IN THIS COMMONWEALTH HAVE INDICATED
    24  PUBLICLY THAT THEY WILL NOT VOID OR WITHDRAW VEHICLE ENGINE
    25  WARRANTIES DUE TO THE USE OF BIODIESEL BLENDS AT THE PERCENTAGES
    26  CONTAINED IN THE CORRESPONDING SUBSECTION. THIS DETERMINATION
    27  SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN AND TRANSMITTED
    28  TO THE MAJORITY LEADER AND THE MINORITY LEADER OF THE SENATE AND
    29  THE MAJORITY LEADER AND THE MINORITY LEADER OF THE HOUSE OF
    30  REPRESENTATIVES.
    20070H1202B4184                  - 8 -     

     1     (C)  CALCULATIONS.--THE DEPARTMENT, IN COOPERATION WITH THE
     2  DEPARTMENT OF ENVIRONMENTAL PROTECTION, SHALL DETERMINE BY JUNE
     3  30, 2009, AND EACH JUNE 30 THEREAFTER, THE NAME AND LOCATION OF
     4  EACH BIODIESEL PRODUCTION FACILITY LOCATED WITHIN THIS
     5  COMMONWEALTH, THE AMOUNT OF BIODIESEL PRODUCED BY THE BIODIESEL
     6  PRODUCTION FACILITY IN THE PRECEDING YEAR AND AN AMOUNT AND
     7  DESCRIPTION OF ANY FINANCIAL ASSISTANCE MADE AVAILABLE TO THE
     8  BIODIESEL PRODUCTION FACILITY BY THE COMMONWEALTH IN THE
     9  PRECEDING YEAR.
    10     (D)  COAL-TO-LIQUIDS SUBSTITUTION.--NONSULFUR DIESEL FUEL
    11  DERIVED FROM COAL MAY BE USED IN PLACE OF BIODIESEL TO MEET THE
    12  REQUIREMENTS OF THIS SECTION, PROVIDED THAT THE FUEL'S CARBON
    13  EMISSIONS ARE FULLY OFFSET, EITHER THROUGH CARBON SEQUESTRATION
    14  OR BY PARTICIPATION IN CARBON OFFSET PROGRAMS.
    15     (E)  RENEWABLE DIESEL SUBSTITUTION.--RENEWABLE DIESEL
    16  PRODUCED IN THIS COMMONWEALTH MAY BE USED IN PLACE OF BIODIESEL
    17  TO MEET THE VOLUME STANDARD REQUIREMENTS OF THIS SECTION, UP TO
    18  A MAXIMUM OF 25% OF THE VOLUME OF BIODIESEL NECESSARY TO MEET
    19  THE STATEWIDE MANDATED CONTENTS REQUIRED BY THIS ACT. WITHIN 180
    20  DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT, IN
    21  COLLABORATION WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION,
    22  MAY ESTABLISH REPORTING REQUIREMENTS TO ENSURE RENEWABLE DIESEL
    23  MEETS THE REQUIREMENTS OF THIS ACT.
    24     (F)  EXCEPTION.--THE REQUIREMENTS OF THIS SECTION SHALL NOT
    25  APPLY TO AVIATION FUEL, HOME HEATING FUEL OR WHERE PROHIBITED BY
    26  LAW.
    27  SECTION 4.  CELLULOSIC ETHANOL CONTENT IN GASOLINE.
    28     (A)  CELLULOSIC ETHANOL CONTENT REQUIRED.--ALL GASOLINE SOLD
    29  OR OFFERED FOR SALE TO ULTIMATE CONSUMERS IN THIS COMMONWEALTH
    30  MUST CONTAIN AT LEAST 10% CELLULOSIC ETHANOL BY VOLUME AS
    20070H1202B4184                  - 9 -     

     1  DETERMINED BY AN APPROPRIATE ENVIRONMENTAL PROTECTION AGENCY OR
     2  AMERICAN SOCIETY FOR TESTING MATERIALS STANDARD METHOD OF
     3  ANALYSIS ONE YEAR AFTER THE IN-STATE PRODUCTION VOLUME OF
     4  350,000,000 GALLONS OF CELLULOSIC ETHANOL HAS BEEN REACHED AND
     5  SUSTAINED FOR THREE MONTHS ON AN ANNUALIZED BASIS AS DETERMINED
     6  BY THE DEPARTMENT.
     7     (B)  RENEWABLE FUEL SUBSTITUTION.--A PERSON MAY APPLY TO THE
     8  DEPARTMENT FOR APPROVAL TO USE RENEWABLE FUEL OTHER THAN
     9  CELLULOSIC ETHANOL TO MEET THE REQUIREMENTS OF THIS SECTION. THE
    10  APPLICANT SHALL DEMONSTRATE THAT THE RENEWABLE FUEL COMPLIES
    11  WITH REGULATIONS PROMULGATED BY THE DEPARTMENT WHICH SHALL
    12  INCLUDE, AT A MINIMUM, THE FOLLOWING CRITERIA:
    13         (1)  MEETS THE REQUIREMENTS OF 40 CFR PT. 79 (RELATING TO
    14     REGISTRATION OF FUELS AND FUEL ADDITIVES).
    15         (2)  HAS AN EMISSIONS PROFILE AT LEAST AS ENVIRONMENTALLY
    16     PROTECTIVE AS THE CELLULOSIC ETHANOL THAT THE PROPOSED
    17     RENEWABLE FUEL IS REPLACING OR CAN DEMONSTRATE COMMENSURATE
    18     ENVIRONMENTAL OR COST-EFFECTIVE BENEFITS AS DEFINED BY THE
    19     DEPARTMENT.
    20         (3)  IS SUITABLE FOR USE IN MOTOR VEHICLE ENGINES.
    21         (4)  IS DERIVED FROM RENEWABLE RESOURCES OR FEEDSTOCK.
    22     (C)  EXCEPTION.--THE REQUIREMENTS OF THIS SECTION SHALL NOT
    23  APPLY TO GASOLINE SOLD IN REGIONS OF THIS COMMONWEALTH WHERE THE
    24  USE OF CELLULOSIC ETHANOL WOULD VIOLATE, CONFLICT WITH OR
    25  OTHERWISE EXACERBATE COMPLIANCE WITH A NATIONAL AMBIENT AIR
    26  QUALITY STANDARDS STATE IMPLEMENTATION PLAN.
    27  SECTION 5.  AGENCY RESPONSIBILITIES.
    28     (A)  COMPLIANCE.--WITH THE EXCEPTION OF SECTION 3(D), THE
    29  DEPARTMENT SHALL ENSURE COMPLIANCE WITH THIS ACT AND, IN
    30  CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION AND THE
    20070H1202B4184                 - 10 -     

     1  DEPARTMENT OF ENVIRONMENTAL PROTECTION, SHALL PROMULGATE
     2  REGULATIONS AS NECESSARY TO IMPLEMENT AND ENFORCE THE
     3  REQUIREMENTS OF THIS ACT.
     4     (B)  ENVIRONMENTAL QUALITY BOARD.--THE ENVIRONMENTAL QUALITY
     5  BOARD SHALL PROMULGATE REGULATIONS AS NECESSARY TO ENSURE
     6  COMPLIANCE WITH THE CARBON OFFSET REQUIREMENTS OF SECTION 3(D).
     7     (C)  REPORT.--BEGINNING ONE YEAR FROM THE EFFECTIVE DATE OF
     8  THIS ACT AND EACH YEAR THEREAFTER, THE DEPARTMENT OF
     9  CONSERVATION AND NATURAL RESOURCES SHALL REPORT ON THE EFFECT,
    10  IF ANY, OF IN-STATE PRODUCTION OF CELLULOSIC ETHANOL FROM WOODY
    11  BIOMASS ON FOREST HEALTH, CONDITION AND PRODUCTIVITY.
    12     (D)  REDUCTION.--THE DEPARTMENT, IN CONSULTATION WITH THE
    13  DEPARTMENT OF ENVIRONMENTAL PROTECTION, MAY SUSPEND OR MODIFY TO
    14  REDUCE THE MANDATED CONTENTS REQUIRED BY SECTION 3 OR 4 IF THE
    15  DEPARTMENT DETERMINES THAT DOING SO IS WARRANTED BY FACTORS,
    16  INCLUDING, BUT NOT LIMITED TO, SUBSTANTIALLY INCREASED COSTS TO
    17  CONSUMERS OR INSUFFICIENT QUANTITY OR DISTRIBUTION OF BIODIESEL
    18  OR CELLULOSIC ETHANOL.
    19  SECTION 6.  INFRASTRUCTURE REPORTS.
    20     (A)  CERTIFICATION.--AT LEAST SIX MONTHS PRIOR TO THE
    21  EFFECTIVE DATES OF THE MANDATED CONTENT REQUIREMENTS CONTAINED
    22  IN SECTIONS 3(A)(1), (2), (3) AND (4) AND 4, THE DEPARTMENT AND
    23  THE DEPARTMENT OF TRANSPORTATION SHALL JOINTLY MAKE A
    24  CERTIFICATION AS TO WHETHER THERE IS SUFFICIENT TRANSPORTATION,
    25  DISTRIBUTION AND OTHER NECESSARY INFRASTRUCTURE, INCLUDING RAIL
    26  CAPABILITY AND TERMINAL FACILITIES, IN THIS COMMONWEALTH TO MEET
    27  THE REQUIREMENTS OF THIS ACT.
    28     (B)  HEARING.--THE DEPARTMENT AND THE DEPARTMENT OF
    29  TRANSPORTATION SHALL CONDUCT AT LEAST THREE PUBLIC HEARINGS
    30  ACROSS THIS COMMONWEALTH FOR EACH REPORT REQUIRED UNDER THIS
    20070H1202B4184                 - 11 -     

     1  ACT.
     2     (C)  POSTING.--THE INFRASTRUCTURE REPORTS SHALL BE SUBMITTED
     3  TO THE GENERAL ASSEMBLY AND POSTED AND MAINTAINED ON EACH
     4  DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
     5     (D)  INSUFFICIENT INFRASTRUCTURE.--IF ANY INFRASTRUCTURE
     6  REPORT DETERMINES THAT THERE IS INSUFFICIENT INFRASTRUCTURE IN
     7  PLACE TO MEET ANY OF THE MANDATED VOLUME STANDARD REQUIREMENTS
     8  CONTAINED IN SECTION 3 OR 4, THAT MANDATED CONTENT REQUIREMENT
     9  SHALL BE DELAYED AT LEAST SIX MONTHS, OR UNTIL THE DEPARTMENT
    10  AND THE DEPARTMENT OF TRANSPORTATION CERTIFY THAT SUFFICIENT
    11  INFRASTRUCTURE IS IN PLACE THROUGH THE ISSUANCE OF A NEW
    12  INFRASTRUCTURE REPORT, WHICHEVER IS LATER.
    13  SECTION 7.  NATIONAL AMBIENT AIR QUALITY STANDARDS IMPACT STUDY.
    14     (A)  CONTRACTS.--THE DEPARTMENT OF ENVIRONMENTAL PROTECTION
    15  SHALL CONTRACT WITH AN INDEPENDENT THIRD PARTY CERTIFIED IN
    16  CONDUCTING AMBIENT AIR QUALITY STUDIES TO DETERMINE THE IMPACT
    17  OF THIS ACT ON THE COMMONWEALTH'S ABILITY TO ACHIEVE AND
    18  MAINTAIN THE NATIONAL AMBIENT AIR QUALITY STANDARDS.
    19     (B)  STUDY.--THE STUDY REQUIRED UNDER SUBSECTION (A) SHALL BE
    20  COMPLETED NO LATER THAN DECEMBER 31, 2009.
    21     (C)  SUBMISSION AND POSTING.--THE STUDY REQUIRED UNDER
    22  SUBSECTION (A) SHALL BE SUBMITTED TO THE GENERAL ASSEMBLY AND
    23  POSTED AND MAINTAINED ON THE DEPARTMENT OF ENVIRONMENTAL
    24  PROTECTION'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.
    25     (D)  FUNDING.--THE DEPARTMENT OF ENVIRONMENTAL PROTECTION IS
    26  AUTHORIZED TO UTILIZE UP TO $200,000 OF FUNDS CONTAINED IN THE
    27  CLEAN AIR FUND TO PAY FOR THE STUDY REQUIRED BY THIS SECTION.
    28  SECTION 20.  EFFECTIVE DATE.
    29     THIS ACT SHALL TAKE EFFECT IN 90 DAYS.

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