Regular Session 2021-2022 House Bill 1780 P.N. 3274

SENATE AMENDED

PRIOR PRINTER'S NOS. 2020, 3134

PRINTER'S NO. 3274

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1780

Session of

2021

INTRODUCED BY ARMANINI, MOUL, SMITH, ZIMMERMAN AND CIRESI,

AUGUST 12, 2021

SENATOR YAW, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE, AS

AMENDED, JUNE 20, 2022

AN ACT

Amending the act of July 6, 1989 (P.L.169, No.32), entitled "An

act providing for the regulation of storage tanks and tank

facilities; imposing additional powers and duties on the

Department of Environmental Protection and the Environmental

Quality Board; and making an appropriation," in general

provisions, further providing for definitions AND FOR

ADVISORY COMMITTEE; and, in financial provisions, further

providing FOR UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD,

for powers and duties of Underground Storage Tank

Indemnification Board, for Underground Storage Tank

Environmental Cleanup Program and for Underground Storage

Tank Pollution Prevention Program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "secretary" in section 103 of

the act of July 6, 1989 (P.L.169, No.32), known as the Storage

Tank and Spill Prevention Act, is amended to read:

Section 103. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

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"Secretary." The Secretary of Environmental [Resources]

Protection of the Commonwealth.

* * *

Section 2. Sections 105(A)(1), 703(A)(1)(I), 705(d)(1),

710(f) and 711(f) of the act are amended to read:

SECTION 105. ADVISORY COMMITTEE.

(A) APPOINTMENT, COMPOSITION, ETC.--A STORAGE TANK ADVISORY

COMMITTEE SHALL BE APPOINTED BY THE SECRETARY WITHIN 30 DAYS

AFTER THE EFFECTIVE DATE OF THIS ACT. THE COMMITTEE SHALL

CONSIST OF NO MORE THAN 17 MEMBERS. FOUR MEMBERS SHALL BE

REPRESENTATIVES OF LOCAL GOVERNMENT, SIX MEMBERS SHALL BE

REPRESENTATIVES OF THE REGULATED COMMUNITY, ONE MEMBER SHALL BE

A REGISTERED PROFESSIONAL ENGINEER WITH THREE YEARS OF

EXPERIENCE IN THIS COMMONWEALTH, ONE MEMBER SHALL BE A

HYDROGEOLOGIST, FOUR MEMBERS SHALL BE REPRESENTATIVES OF THE

PUBLIC AND ONE MEMBER SHALL BE AN ACTIVE COMMERCIAL FARM OWNER

OR OPERATOR NOMINATED BY STATEWIDE GENERAL FARM ORGANIZATIONS.

MEMBERS SHALL SERVE WITHOUT COMPENSATION OTHER THAN

REIMBURSEMENT FOR REASONABLE AND NECESSARY EXPENSES IN

ACCORDANCE WITH COMMONWEALTH POLICY OR REGULATIONS AND SHALL

SERVE FOR TERMS FIXED BY THE SECRETARY. THE SIX REPRESENTATIVES

FROM THE REGULATED COMMUNITY SHALL BE APPOINTED BY THE

SECRETARY, ONE EACH FROM A LIST OF THREE NOMINEES PROVIDED BY

THE FOLLOWING:

(1) THE [ASSOCIATED PETROLEUM INDUSTRIES OF

PENNSYLVANIA] AMERICAN PETROLEUM INSTITUTE PENNSYLVANIA.

* * *

SECTION 703. UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD.

(A) ESTABLISHMENT OF BOARD, APPOINTMENT AND TERMS.--THERE IS

HEREBY CREATED THE UNDERGROUND STORAGE TANK INDEMNIFICATION

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BOARD WHICH SHALL CONSIST OF 14 MEMBERS. THE INSURANCE

COMMISSIONER AND THE SECRETARY OF ENVIRONMENTAL PROTECTION SHALL

BE EX OFFICIO MEMBERS. TWO MEMBERS SHALL BE APPOINTED FROM THE

SENATE, ONE MEMBER BY THE PRESIDENT PRO TEMPORE OF THE SENATE

AND ONE MEMBER BY THE MINORITY LEADER OF THE SENATE. TWO MEMBERS

SHALL BE APPOINTED FROM THE HOUSE OF REPRESENTATIVES, ONE MEMBER

BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE MEMBER BY

THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES. EIGHT

MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, AS FOLLOWS:

(1) SIX MEMBERS WHO SHALL BE PERSONS WITH PARTICULAR

EXPERTISE IN THE MANAGEMENT OF UNDERGROUND STORAGE TANKS.

THREE OF THESE MEMBERS SHALL BE APPOINTED FOR TERMS OF FOUR

YEARS AND THREE SHALL BE APPOINTED FOR A TERM OF THREE YEARS.

THE GOVERNOR SHALL APPOINT THE MEMBERS, ONE EACH FROM A LIST

OF NOMINEES PROVIDED BY EACH OF THE FOLLOWING:

(I) THE [ASSOCIATED PETROLEUM INDUSTRIES OF

PENNSYLVANIA] AMERICAN PETROLEUM INSTITUTE PENNSYLVANIA.

* * *

Section 705. Powers and duties of Underground Storage Tank

Indemnification Board.

* * *

(d) Fees.--

(1) The board, by regulation, shall establish fees to be

paid by the owner, operator or certified tank installer, as

appropriate, of underground storage tanks. Fees shall be set

on an actuarial basis in order to provide an amount

sufficient to pay outstanding and anticipated claims against

the Underground Storage Tank Indemnification Fund in a timely

manner. Fees shall also include an amount sufficient to meet

all other financial requirements of the board. Fees shall be

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adjusted as deemed necessary by the board, but no more than

once a year. The board shall annually evaluate the fee amount

to determine if it is sufficient to meet the anticipated

expenses of the fund and provide a copy of its evaluation to

the Environmental Resources and Energy Committee of the

Senate and the [Conservation] Environmental Resources and

Energy Committee of the House of Representatives. The board

shall analyze the claims experience of storage tanks to

determine which types of underground tanks or tank

configurations result in less frequent leaks.

* * *

Section 710. Underground Storage Tank Environmental Cleanup

Program.

* * *

(f) Sunset.--The Underground Storage Tank Environmental

Cleanup Program shall cease to exist on [June 30, 2022] December

31, 2027, unless it is reestablished by action of the General

Assembly.

Section 711. Underground Storage Tank Pollution Prevention

Program.

* * *

(f) Sunset.--The Underground Storage Tank Pollution

Prevention Program shall cease to exist on [June 30, 2022]

December 31, 2027, unless it is reestablished by action of the

General Assembly.

Section 3. This act shall take effect immediately.

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