THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PYLE, METZGAR, BOYD, CHRISTIANA, CREIGHTON, CUTLER, DALEY, ELLIS, EVERETT, FAIRCHILD, GABLER, GEIST, GEORGE, GINGRICH, GROVE, HALUSKA, HARHAI, HESS, HORNAMAN, HUTCHINSON, KOTIK, METCALFE, MURT, OBERLANDER, PICKETT, RAPP, ROAE, SOLOBAY, SONNEY, STEVENSON, SWANGER, TALLMAN AND VULAKOVICH, MARCH 12, 2010

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 12, 2010  

AN ACT

Amending the act of May 31, 1945 (P.L.1198, No.418), entitled,

as amended, "An act providing for the conservation and

improvement of land affected in connection with surface

mining; regulating such mining; providing for the

establishment of an Emergency Bond Fund for anthracite deep

mine operators; and providing penalties," further providing

for mining permit, reclamation plan and bond.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4(a) introductory paragraph of the act of

May 31, 1945 (P.L.1198, No.418), known as the Surface Mining

Conservation and Reclamation Act, amended December 18, 1992

(P.L.1384, No.173), is amended and the section is amended by

adding a subsection to read:

Section 4.  Mining Permit; Reclamation Plan; Bond.--(a)

Before any person shall hereafter proceed to mine coal by the

surface mining method, he shall apply to the department, on a

form prepared and furnished by the department, for a permit for

each separate operation. The department is authorized to charge

and collect from persons a [reasonable] filing fee. Such fee

shall not exceed the cost of reviewing, administering and

enforcing such permit and may not be increased annually more

than ten per cent by the department, except as otherwise

provided under subsection (a.1). As a part of each application

for a permit, the operator shall, unless modified or waived by

the department for cause, furnish the following:

* * *

(a.1)  In the event that the department determines in any

year that the permit fee authorized under subsection (a) needs

to be increased in excess of ten per cent, the department shall

conduct a comprehensive analysis of the costs to administer the

program and shall provide the analysis to the Environmental

Resources and Energy Committee of the Senate and the

Environmental Resources and Energy Committee of the House of

Representatives. The analysis shall identify any disparities

between the amount of program income generated by the fee and

the costs to administer the program and shall contain any

recommendations to increase the fee to eliminate the disparity.

In no event may the department increase the permit fee in excess

of ten per cent unless there is statutory authority to do so and

the statutory authority is enacted after the date the analysis

is filed with the committees.

* * *

Section 2.  This act shall take effect in 60 days.