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PRINTER'S NO. 255
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
348
Session of
2015
INTRODUCED BY YUDICHAK, FONTANA, GREENLEAF, HUGHES, COSTA,
SCHWANK AND TARTAGLIONE, JANUARY 28, 2015
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 28, 2015
AN ACT
Amending the act of June 28, 1995 (P.L.89, No.18), entitled "An
act creating the Department of Conservation and Natural
Resources consisting of certain functions of the Department
of Environmental Resources and the Department of Community
Affairs; renaming the Department of Environmental Resources
as the Department of Environmental Protection; defining the
role of the Environmental Quality Board in the Department of
Environmental Protection; making changes to responsibilities
of the State Conservation Commission and the Department of
Agriculture; transferring certain powers and duties to the
Department of Health; and repealing inconsistent acts,"
further providing for forests.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 302(b)(11) of the act of June 28, 1995
(P.L.89, No.18), known as the Conservation and Natural Resources
Act, is amended and subsection (a) is amended by adding
paragraphs to read:
Section 302. Forests.
(a) Acquisition, establishment and disposition.--The
department has the following powers and duties with respect to
the acquisition, establishment and disposition of State forest
lands and certain other Commonwealth-owned resources:
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* * *
(14) Prior to entering into any agreement, contract or
lease to recover natural gas from unconventional formations
with unconventional wells on lands underlying State forests
or parks, to hold at least one public hearing in advance of
awarding any agreement, contract or lease. The public hearing
shall be held pursuant to public notice and advertised once a
week for three weeks in at least two newspapers published
nearest the locality indicated. If, after the public hearing
held upon the proposed agreement, contract or lease, the
proposed agreement, contract or lease is substantially
revised, the department shall hold another public hearing
pursuant to public notice, before proceeding to act on the
agreement, contract or lease.
(15) Prior to entering into any agreement, contract or
lease for the recovery of natural gas where the Commonwealth
does not own the natural gas underlying those lands, and
after the public hearing held pursuant to paragraph (14), if
the department finds that because of the land's unique
environmental, natural, historical or cultural features, the
land is especially worthy of permanent preservation to
attempt to acquire ownership of any rights necessary to
permanently preserve the land. In fulfilling the obligations
of this paragraph, the department may use money in the Oil
and Gas Lease Fund to the extent it is available.
(b) Utilization and protection.--The department has the
following powers and duties with respect to the utilization and
protection of State forest lands:
* * *
(11) To lease, with the approval of the Governor, and in
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cooperation with the Department of [Commerce] Community and
Economic Development, those State forest lands acquired by
gift from Pennsylvania State University or by acquisition
from the Curtiss-Wright Corporation which are located at
Quehanna, Pennsylvania, or recovered through the termination
of a lease with Curtiss-Wright Corporation relating to
Quehanna, Pennsylvania, and upon which are erected certain
industrial buildings constructed by the Curtiss-Wright
Corporation for industrial or economic development purposes
or for nuclear reactor safety zone purposes. Such leases may
be made with industrial tenants or nonprofit industrial
development corporations. The department in securing tenants
shall cooperate fully with the Department of [Commerce]
Community and Economic Development. Every such lease entered
into shall conform in general to the terms of the standard
industrial lease used by the department and approved by the
General Counsel and the Attorney General. Every such lease
shall otherwise than as in this act prescribed be upon such
terms and conditions as the secretary considers in the best
interests of this Commonwealth. However, all paved roads
through the Quehanna project shall remain open to the general
public use. Any such lease may permit the tenant to alter or
expand, at its own expense and with the approval of the
department first obtained in writing, existing buildings to
meet the requirements of its particular industrial operation.
Every such lease shall provide for the deposit of industrial
floor space rentals and sewage and water rentals in a
restricted revenue account from which the department may draw
moneys for use in developing, operating and maintaining the
water and sewage disposal facilities, and replacing
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machinery, equipment and fixtures appurtenant thereto, at
aforesaid Quehanna. The restricted revenue account shall be
audited two years from the effective date of this act and at
two-year intervals thereafter, with any residue appearing in
the account at the end of each auditing period to be
deposited in the General Fund. The department is hereby
authorized to indemnify and hold harmless PermaGrain
Products, Inc., from and against any and all damages incurred
by PermaGrain Products, Inc., related to personal injury or
property damage, resulting from radioactive contamination
arising exclusively from performance by this Commonwealth or
its contractors of the characterization, remediation,
decontamination and removal of radioactive materials from
contaminated structures on those State forest lands acquired
from the Pennsylvania State University or Curtiss-Wright
Corporation and located at Quehanna, Pennsylvania.
* * *
Section 2. This act shall take effect in 60 days.
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