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                                                      PRINTER'S NO. 1778

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1331 Session of 2007


        INTRODUCED BY CARROLL, GEORGE, BELFANTI, BOYD, CALTAGIRONE,
           CAPPELLI, DeLUCA, DENLINGER, FAIRCHILD, FRANKEL, FREEMAN,
           GIBBONS, HENNESSEY, HERSHEY, HESS, KORTZ, KULA, LEACH,
           MAHONEY, MUNDY, M. O'BRIEN, PETRARCA, REICHLEY, RUBLEY,
           SCAVELLO, SEIP, K. SMITH, SOLOBAY, SURRA, SWANGER, THOMAS,
           WALKO, YOUNGBLOOD, YUDICHAK, BARRAR, WANSACZ, PETRONE AND
           FABRIZIO, JUNE 5, 2007

        REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
           JUNE 5, 2007

                                     AN ACT

     1  Amending the act of July 6, 1989 (P.L.169, No.32), entitled, as
     2     amended, "An act providing for the regulation of storage
     3     tanks and tank facilities; imposing additional powers and
     4     duties on the Department of Environmental Protection and the
     5     Environmental Quality Board; and making an appropriation,"
     6     further providing for underground storage tank environmental
     7     cleanup program and for underground storage tank pollution
     8     prevention program.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 710(b.2) and (f) of the act of July 6,
    12  1989 (P.L.169, No.32), known as the Storage Tank and Spill
    13  Prevention Act, amended or added January 30, 1998 (P.L.46,
    14  No.13) and July 5, 2005 (P.L.97, No.36), are amended to read:
    15  Section 710.  Underground Storage Tank Environmental Cleanup
    16                 Program.
    17     * * *
    18     (b.2)  Additional allocation.--No more than $500,000 of the

     1  annual allocation for the Underground Storage Tank Environmental
     2  Cleanup Program may be used for costs of corrective action to
     3  assist owners of underground storage tanks with a capacity of
     4  3,000 gallons or less used for storing heating oil for
     5  consumption on the premises where stored. Payments made for
     6  eligible releases shall be limited in amount to the actual costs
     7  of corrective action or to $5,000, whichever is less. The amount
     8  allowed shall be subject to a $1,000 deductible which shall be
     9  paid first by the claimant. [This subsection shall expire June
    10  30, 2007. On or before that date the board shall make a report
    11  to the General Assembly with recommendations.] The board may
    12  promulgate regulations to carry out the provisions of this
    13  subsection.
    14     * * *
    15     (f)  Sunset.--The Underground Storage Tank Environmental
    16  Cleanup Program shall cease to exist on June 30, [2007] 2012,
    17  unless it is reestablished by action of the General Assembly.
    18     Section 2.  Section 711 of the act, added January 30, 1998
    19  (P.L.46, No.13), is amended to read:
    20  Section 711.  Underground Storage Tank Pollution Prevention
    21                 Program.
    22     (a)  Establishment.--The board is hereby authorized to
    23  establish an Underground Storage Tank Pollution Prevention
    24  Program for the purpose of reimbursing eligible owners, as
    25  defined in subsection (d), for the costs of removing regulated
    26  substances from and sealing the fill pipes of underground
    27  storage tanks which have not been upgraded to comply with the
    28  technical requirements of Federal and State regulations. The
    29  board shall establish guidelines for eligible expenses and
    30  procedures for reimbursement from the Underground Storage Tank
    20070H1331B1778                  - 2 -     

     1  Indemnification Fund.
     2     (b)  Allocation.--The board may allocate up to $1,000,000
     3  annually from the Underground Storage Tank Indemnification Fund
     4  for the Underground Storage Tank Pollution Prevention Program as
     5  long as the allocation does not impede the actuarial soundness
     6  of the fund's ability to pay claims.
     7     (c)  Implementation.--The Department of Environmental
     8  Protection shall assist the board with the implementation of
     9  this program and shall be reimbursed by the board from the fund
    10  for actual reimbursements made to eligible owners, but in no
    11  event shall the department be reimbursed from the fund for any
    12  administrative costs.
    13     (d)  Eligibility.--Owners of six or fewer underground storage
    14  tanks shall be eligible to participate in this program.
    15     (e)  Annual report.--The board shall annually transmit to the
    16  General Assembly a report outlining actions taken and
    17  expenditures made under this section for the preceding
    18  Commonwealth fiscal year.
    19     (f)  Sunset.--The Underground Storage Tank Pollution
    20  Prevention Program shall cease to exist on June 30, [2007] 2012,
    21  unless it is reestablished by action of the General Assembly.
    22     Section 3.  This act shall take effect immediately.






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