| HOUSE AMENDED |
| PRIOR PRINTER'S NO. 125 | PRINTER'S NO. 1426 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PILEGGI, ERICKSON, TARTAGLIONE, SCARNATI, BROWNE, YAW, RAFFERTY, D. WHITE, ALLOWAY, M. WHITE, FARNESE, BRUBAKER, WASHINGTON, MENSCH, EARLL AND WARD, JANUARY 12, 2011 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 24, 2011 |
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| AN ACT |
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1 | Amending the act of January 8, 1960 (1959 P.L.2119, No.787), |
2 | entitled, as amended, "An act to provide for the better |
3 | protection of the health, general welfare and property of the |
4 | people of the Commonwealth by the control, abatement, |
5 | reduction and prevention of the pollution of the air by |
6 | smokes, dusts, fumes, gases, odors, mists, vapors, pollens |
7 | and similar matter, or any combination thereof; imposing |
8 | certain powers and duties on the Department of Environmental |
9 | Resources, the Environmental Quality Board and the |
10 | Environmental Hearing Board; establishing procedures for the |
11 | protection of health and public safety during emergency |
12 | conditions; creating a stationary air contamination source |
13 | permit system; providing additional remedies for abating air |
14 | pollution; reserving powers to local political subdivisions, |
15 | and defining the relationship between this act and the |
16 | ordinances, resolutions and regulations of counties, cities, |
17 | boroughs, towns and townships; imposing penalties for |
18 | violation of this act; and providing for the power to enjoin |
19 | violations of this act; and conferring upon persons aggrieved |
20 | certain rights and remedies," further providing for |
21 | disposition of fees, fines and civil penalties. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
23 | hereby enacts as follows: |
24 | Section 1. Section 9.2 of the act of January 8, 1960 (1959 |
25 | P.L.2119, No.787), known as the Air Pollution Control Act, |
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1 | amended July 9, 1992 (P.L.460, No.95), is amended to read: |
2 | Section 9.2. Disposition of Fees, Fines and Civil |
3 | Penalties.--(a) [All] Except as provided under subsection |
4 | (a.1), all fines, civil penalties and fees collected under this |
5 | act shall be paid into the Treasury of the Commonwealth in a |
6 | special fund known as the Clean Air Fund, hereby established, |
7 | which, along with interest earned, shall be administered by the |
8 | department for use in the elimination of air pollution. The |
9 | department may establish such separate accounts as may be |
10 | necessary or appropriate to implement the requirements of this |
11 | act and the Clean Air Act. The board shall adopt rules and |
12 | regulations for the management and use of the money in the fund. |
13 | (a.1) The following shall apply: |
14 | (1) If an incident results in the imposition of a fine or |
15 | civil penalty of at least fifty thousand dollars ($50,000), |
16 | twenty-five per centum (25%) of the fine or civil penalty |
17 | collected shall be returned by the department to the |
18 | municipality in which the violation occurred to be used for |
19 | projects that eliminate or reduce air pollution or for parks, |
20 | recreation projects, trails or open space. |
21 | (2) The department shall notify the municipality in which |
22 | the violation occurred of the imposition of the fine or civil |
23 | penalty under subsection (a) within five (5) business days after |
24 | the expiration of the right to file an appeal of the fine or |
25 | civil penalty or after all appeals of the fine or civil penalty |
26 | have been exhausted. |
27 | (3) Within one hundred and eighty (180) days of the |
28 | department's notification of the municipality under clause (2), |
29 | the municipality shall submit a project proposal to the |
30 | department for review and approval. |
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1 | (4) Upon approval of the project, the department shall |
2 | release twenty-five per centum (25%) of the fine or civil |
3 | penalty collected to the municipality. If the cost of the |
4 | project exceeds twenty-five per centum (25%) of the fine or |
5 | civil penalty, the department may award additional money from |
6 | the fine or civil penalty to the municipality. |
7 | (5) If all fines and civil penalties deposited into the |
8 | Clean Air Fund are less than one million, eight hundred fifty |
9 | thousand dollars ($1,850,000) for the previous fiscal year, |
10 | clause (1) shall not apply for the current fiscal year. |
11 | (6) If the United States Environmental Protection Agency and |
12 | the department jointly prosecute a violation of the Clean Air |
13 | Act, this act or regulation adopted under this act, the fines |
14 | and penalties collected shall not be subject to this subsection |
15 | and subsection (a.2). |
16 | (7) A municipality may assign its claim to funding under | <-- |
17 | clause (1) to the county in which the violation occurred within |
18 | the one hundred eighty (180) day period specified in clause (3). |
19 | The county shall submit a project proposal in compliance with |
20 | clause (1) to the department for review and approval within |
21 | forty-five (45) days of the expiration of the one hundred eighty |
22 | (180) day period. |
23 | (8) If a municipality does not submit a project proposal |
24 | within the one hundred eighty (180) day period specified in |
25 | clause (3) or provides notification of its intent not to file a |
26 | project proposal during the one hundred eighty (180) day period, |
27 | the county in which the violation occurred may submit a project |
28 | proposal in compliance with clause (1) to the department for |
29 | review and approval within forty-five (45) days of the |
30 | expiration of the one hundred eighty (180) day period. |
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1 | (a.2) Within five (5) business days of imposition of a fine |
2 | or civil penalty under this act, the department shall notify the |
3 | municipality in which the violation occurred of the violation. |
4 | (b) The Clean Air Fund may be supplemented by appropriations |
5 | from the General Assembly, the Federal, State or local |
6 | government or any private source. |
7 | (c) The Clean Air Fund shall not be subject to 42 Pa.C.S. |
8 | Ch. 37 Subch. C (relating to judicial computer system). |
9 | Section 2. This act shall take effect in 60 days. |
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