1Amending the act of March 1, 1988 (P.L.82, No.16), entitled "An
2act providing for the establishment, implementation and
3administration of the Pennsylvania Infrastructure Investment
4Authority; imposing powers and duties on a board of trustees;
5transferring the rights, powers, duties and obligations of
6the Water Facilities Loan Board to the Pennsylvania
7Infrastructure Investment Authority; providing for the
8issuance of notes and bonds; providing for financial
9assistance and for a comprehensive water facilities plan;
10authorizing a referendum to incur indebtedness; making an
11appropriation; and making repeals," further providing for
12definitions, for financial assistance and for annual report.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1.  The definitions of "department," "project" and
16"secretary" in section 3 of the act of March 1, 1988 (P.L.82,
17No.16), known as the Pennsylvania Infrastructure Investment
18Authority Act, amended July 14, 2005 (P.L.299, No.51), are
19amended and the section is amended by adding a definition to
20read:

21Section 3.  Definitions.

22The following words and phrases when used in this act shall

1have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3* * *

4"Department."  The Department of Environmental [Resources]
5Protection of the Commonwealth.

6* * *

7"Project."  The eligible costs associated with the
8acquisition, construction, improvement, expansion, extension,
9repair, rehabilitation or security measures of all or part of
10any facility or system, whether publicly or[, in the case of
11paragraph (1) or (2),] privately owned:

12(1)  for the collection, treatment or disposal of
13wastewater, including industrial waste;

14(2)  for the supply, treatment, storage or distribution
15of drinking water;

16(3)  for the control of point source pollution associated 
17with storm water, which may include, but need not be limited
18to, the transport, storage and the infiltration of storm
19water; or

20(4)  for the best management practices to address [point 
21or] nonpoint source pollution [associated with storm water 
22runoff or any other innovative techniques identified in the 
23county-prepared watershed plans pursuant to the act of 
24October 4, 1978 (P.L.864, No.167), known as the Storm Water 
25Management Act] as identified in Pennsylvania's Nonpoint 
26Source Management Program Update, as required under section 
27319(b) of the Federal Water Pollution Control Act (62 Stat. 
281155, 33 U.S.C. § 1329(b)).

29"Secretary."  The Secretary of Environmental [Resources]
30Protection of the Commonwealth.

1* * *

2"Urban runoff."  Storm water from areas defined as developed
3in a county comprehensive plan prepared in accordance with the
4act of July 31, 1968 (P.L.805, No.247), known as the
5Pennsylvania Municipalities Planning Code.

6* * *

7Section 2.  Section 10(b.1), (d) and (j) of the act, amended
8or added December 16, 1992 (P.L.1137, No.149), are amended to
9read:

10Section 10.  Financial assistance.

11* * *

12(b.1)  Storm water projects.--

13(1)  [In the case of storm water projects, only a
14governmental unit may qualify for financial assistance under
15this act.

16(2)  A storm water project] A storm water project 
17designed to manage urban runoff shall be eligible for funding 
18if:

19(i)  it is located within a watershed for which a
20county has [not] adopted a watershed storm water
21management plan and ordinances required to implement the
22plan, as required by the Storm Water Management Act[,
23shall be ineligible for financial assistance under this
24act, except that:

25(i)  a storm water project within a watershed which
26includes land in more than one county and for which the
27department has required that a joint plan for the entire
28watershed be submitted by the affected counties shall be
29ineligible for financial assistance under this act only
30if the county in which the project is located is found to

1have failed to cooperate in the development of the joint
2plan; and

3(ii)  a storm water];

4(ii)  the project is specifically designed to
5maintain and/or improve existing water quality and to
6comply with the National Pollutant Discharge Elimination
7System (NPDES) storm water permitting requirements [shall
8be eligible for financial support under this act.

9This paragraph shall not apply to a]; or

10(iii)  the project is located in a municipality which
11has enacted a storm water management ordinance that
12requires land owners and any person engaged in the
13alteration or development of land to implement measures
14to ensure that the maximum rate of storm water runoff is
15no greater after the development than prior to
16development activities [or] and to manage the quantity,
17velocity and direction of resulting storm water runoff in
18a manner which otherwise adequately protects the health
19and property of residents from possible injury as
20required by the Storm Water Management Act.

21[(3)] (2)  A storm water project designed to manage urban 
22runoff located within a municipality which is not
23implementing ordinances pursuant to a county-prepared and
24department-approved watershed plan developed pursuant to the 
25Storm Water Management Act shall be ineligible.

26(3)  A project designed to manage storm water that is not
27considered urban runoff shall be considered a nonpoint source
28project and must be consistent with Pennsylvania's Nonpoint
29Source Management Program Update as required under section
30319(b) of the Federal Water Pollution Control Act (62 Stat.

11155, 33 U.S.C. § 1329(b)).

2* * *

3(d)  Small projects.--

4(1)  The board shall establish a program of assistance to
5water supply and sewage disposal systems serving communities
6with a population of 12,000 people or less or systems having
7hookups of 1,000 or less.

8(2)  The board shall establish a program to financially
9assist storm water projects [by] for municipalities with a
10population of 12,000 people or less. In addition to other
11factors which the board in its discretion may consider in
12assigning priorities under this program, preference shall be
13given where the [municipality undertaking] community in which
14the project is located:

15(i)  has no natural watercourse within its
16boundaries;

17(ii)  relies on methods of storm water control which
18do not comply with Federal or State rules, regulations or
19standards; or

20(iii)  has been found to be subject to karst sinkhole
21development or other geologic condition which poses a
22danger to person or property and which may be aggravated
23by uncontrolled storm water flows.

24* * *

25(j)  Continuing education of operators.--No agreement with
26individuals or entities shall be valid in the absence of an
27agreement by the individuals or entities seeking assistance
28under this act to assure that the system operators are
29participating or will participate in continuing education
30programs developed by the [Department of Environmental

1Resources] department. If the board determines that the system
2operator of a system receiving assistance is not participating
3in continuing education programs, the board shall take all steps
4necessary to cease all financial assistance and recover all
5prior payments, including, but not limited to, the immediate
6repayment of any outstanding loans and interest and any grants.
7The provisions of this subsection shall not apply to cases where
8financial assistance is provided for storm water projects.

9* * *

10Section 3.  Section 13 of the act is amended to read:

11Section 13.  Annual report.

12The board shall provide the Governor and the General Assembly
13with an annual report detailing all projects funded under
14section 10. Each annual report shall be published and maintained 
15on the authority's publicly accessible Internet website and may 
16be submitted to the Governor and General Assembly by electronic 
17mail.

18Section 4.  This act shall take effect immediately.