ENVIRONMENTAL RESOURCES (27 PA.C.S.) - AMEND AGRICULTURAL ADVISORY BOARD
      ESTABLISHMENT, POWERS AND REVIEW AND WATER RESOURCES PLANNING,
                      ADMINISTRATION AND ENFORCEMENT
                 Act of Dec. 16, 2002, P.L. 1776, No. 220             Cl. 27
                             Session of 2002
                               No. 2002-220

     HB 2302

                                  AN ACT

     Amending Title 27 (Environmental Resources) of the Pennsylvania
        Consolidated Statutes, codifying the act of May 20, 1993
        (P.L.38, No.11), entitled "An act establishing the
        Agricultural Advisory Board in the Department of
        Environmental Resources and prescribing its powers; and
        providing for review by the board of certain proposed rules
        and regulations," further providing for establishment of the
        Agricultural Advisory Board; providing for water resources
        planning, administration and enforcement; making a repeal;
        and making editorial changes.

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

        Section 1.  Part I of Title 27 of the Pennsylvania
     Consolidated Statutes is amended by adding a chapter to read:
                                CHAPTER 7
                       AGRICULTURAL ADVISORY BOARD
     Sec.
     701.  Definitions.
     702.  Establishment of board.
     703.  Powers of board.
     704.  Review of regulations.
      § 701.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Agriculture."  Normal farming practices or innovative
     techniques used in the production and preparation for market of
     any crop or commodity included within the definition of "crops,
     livestock and livestock products" in section 3 of the act of
     June 30, 1981 (P.L.128, No.43), known as the Agricultural Area
     Security Law.
        "Board."  The Agricultural Advisory Board established in
     section 702 (relating to establishment of board).
        "Department."  The Department of Environmental Protection of
     the Commonwealth.
        "Normal farming practices."  The customary and generally
     accepted activities, practices and procedures that farmers
     adopt, use or engage in year after year in the production and
     preparation for market of any crop or commodity included within
     the definition of "crops, livestock and livestock products" in
     section 3 of the act of June 30, 1981 (P.L.128, No.43), known as
     the Agricultural Area Security Law.
        "Secretary."  The Secretary of Environmental Protection of
     the Commonwealth.
        "Sustainable agriculture."  An integrated system of plant and
     animal production practices as defined by the Food, Agriculture,
     Conservation and Trade Act of 1990 (Public Law 101-624, 104
     Stat. 3616).
      § 702.  Establishment of board.
        (a)  Creation.--There is hereby established in the department
     the Agricultural Advisory Board.
        (b)  Members.--The following persons shall comprise the
     board:
            (1)  Representatives of the Pennsylvania Farm Bureau, the
        Pennsylvania State Grange, PennAg Industries Association and
        the Pennsylvania Farmers Union. Each of these organizations
        shall annually name one person to represent it under this
        paragraph.
            (2)  A dairy producer, a livestock producer, a poultry
        producer, a grain producer, a fruit producer, a vegetable
        producer, a representative of the ornamental horticultural
        industry, a producer engaged in sustainable agriculture, a
        representative from the agricultural chemical manufacturers
        industry and a representative from the agribusiness industry.
        The Governor shall appoint these representatives to sit for a
        three-year term. Representatives appointed under this
        paragraph must receive a majority of their gross income from
        the activity which they represent.
            (3)  Representatives of the Pennsylvania Association of
        Conservation District Directors and The Pennsylvania State
        University. Each of these organizations shall annually name
        one person to represent it under this paragraph.
            (4)  Representatives of the Federal Farm Service Agency
        and the Federal Natural Resources Conservation Service. Each
        of these organizations shall annually name one person to
        represent it under this paragraph ex officio.
            (5)  Representatives of the Department of Agriculture and
        the department. Each department shall name a deputy secretary
        to represent it under this paragraph ex officio. If a named
        deputy secretary is unable to serve on the board, the deputy
        secretary must be replaced by another deputy secretary or by
        the secretary of that same department.
            (6)  The chairman and the minority chairman of the
        Agriculture and Rural Affairs Committee of the Senate or
        their designees and the chairman and the minority chairman of
        the Agriculture and Rural Affairs Committee of the House of
        Representatives or their designees to represent the General
        Assembly.
        (c)  Chairman.--The board shall annually elect a board
     chairman from among those members designated or appointed under
     subsection (b)(1) and (2). No member shall serve as chairman for
     more than two consecutive years.
        (d)  Staff.--The department shall furnish the board with
     administrative support.
      § 703.  Powers of board.
        (a)  General rule.--The board shall have the following
     powers:
            (1)  Provide advice and expertise to the secretary
        regarding the nature of agriculture in this Commonwealth.
            (2)  Assist the secretary and provide written comments on
        new departmental policy that will impact upon agriculture in
        this Commonwealth.
            (3)  Assist the secretary and provide comment on
        regulatory proposals pursuant to section 704 (relating to
        review of regulations).
            (4)  Provide comment to the secretary regarding existing
        departmental policy and regulations affecting agriculture in
        this Commonwealth.
        (b)  Exempt regulations.--Regulations subject to review by
     the seasonal farm labor committee under the act of June 23, 1978
     (P.L.537, No.93), known as the Seasonal Farm Labor Act, are
     exempt from review under subsection (a).
      § 704.  Review of regulations.
        (a)  Notice to board.--The department shall notify the board
     of the development of any regulatory proposal which would
     regulate agriculture as early as possible but not less than 120
     days prior to the date the Environmental Quality Board meets to
     initially consider any proposed rulemaking resulting from the
     regulatory proposal.
        (b)  Meeting and consultation with board.--At the request of
     the board, if the request is made within 30 days from the date
     of receipt of the notice required by subsection (a), the
     department shall meet and consult with the board in the
     formulation of any such regulatory proposal, and thereafter the
     board may provide the department with written comments thereon.
        (c)  Inclusion of comments with proposed rulemaking.--The
     department shall include any written comments of the board,
     received prior to the department's submission of a proposed
     rulemaking package to the Environmental Quality Board, as part
     of its submission to the Environmental Quality Board.
        (d)  Exceptions.--The requirements of this section shall not
     apply to regulations with mandatory statutory deadlines, to
     regulations required to be adopted by court order, to emergency
     regulations, to final regulations adopted pursuant to section
     204 of the act of July 31, 1968 (P.L.769, No.240), referred to
     as the Commonwealth Documents Law, or where interim regulations
     are otherwise authorized by statute. The department shall advise
     the board as soon as possible of the development of regulations
     identified in this subsection which would regulate agriculture.
        Section 2.  Part III of Title 27 is amended by adding a
     chapter to read:
                                CHAPTER 31
                         WATER RESOURCES PLANNING
     Subchapter
       A.  General Provisions
       B.  Water Resources Planning
       C.  Administration and Enforcement
                               SUBCHAPTER A
                            GENERAL PROVISIONS
     Sec.
     3101.  Scope.
     3102.  Definitions.
     3103.  Intergovernmental cooperation and coordination.
     3104.  Administrative agreements with other agencies.
      § 3101.  Scope.
        This chapter deals with water resources planning.
      § 3102.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Basin."  The watershed of one of the following major rivers
     or hydrologic systems: the Delaware River, the Great Lakes, the
     Ohio River, the Potomac River and the Susquehanna River.
        "Clean Streams Law."  The act of June 22, 1937 (P.L.1987,
     No.394), known as The Clean Streams Law.
        "Compact Basin Commission."  An interstate commission having
     jurisdiction with respect to the planning, development or
     regulation of water resources within a basin in Pennsylvania,
     created by interstate compact or Federal-interstate compact.
        "Confidential information."
            (1)  Records, reports or information or a particular
        portion thereof that, if made public, would:
                (i)  divulge production or sales figures or methods,
            processes or production unique to a person;
                (ii)  otherwise tend to affect adversely the
            competitive position of a person by revealing trade
            secrets, including intellectual property rights; or
                (iii)  present threats to the safety and security of
            water supplies, including information concerning public
            water supply agency vulnerability assessments.
            (2)  The term does not include any of the following:
                (i)  Information identifying the general source of
            water used by a facility.
                (ii)  Information reporting the total amount of water
            withdrawn by a facility or the total amount of water used
            for consumptive uses or nonconsumptive uses by a
            facility.
        "Conservation district."  A county declared to be a
     conservation district by a resolution of its board of county
     commissioners.
        "Consumptive use."  The loss of water from a groundwater or
     surface water source through a manmade conveyance system,
     including such water that is purveyed through a public water
     supply system, due to transpiration by vegetation, incorporation
     into products during their manufacture, evaporation, diversion
     out of a basin or any other process to the extent that the water
     withdrawn is not returned to the waters of a basin. Deep well
     injection shall not be considered a return of waters to a basin.
        "Critical area resource plan."  A plan developed under
     section 3112(d) (relating to plan contents) for any watershed or
     watersheds within a critical water planning area.
        "Critical water planning area."  An area identified under
     section 3112(a)(6) or (d)(1) (relating to plan contents).
        "Deep well injection."  Injection of waste or wastewater
     substantially below aquifers containing fresh water.
        "Department."  The Department of Environmental Protection of
     the Commonwealth.
        "Domestic use."  The use of water for personal needs and
     ordinary household purposes.
        "Environmental Hearing Board."  The board established under
     the act of July 13, 1988 (P.L.530, No.94), known as the
     Environmental Hearing Board Act.
        "Environmental Quality Board."  The board established under
     section 1920-A of the act of April 9, 1929 (P.L.177, No.175),
     known as The Administrative Code of 1929.
        "Groundwater."  Water beneath the surface of the ground
     within a zone of saturation, whether or not flowing through
     known and definite channels or percolating through underground
     geologic formations and regardless of whether the result of
     natural or artificial recharge. The term includes water
     contained in aquifers, artesian and nonartesian basins,
     underground watercourses and other bodies of water below the
     surface of the earth.
        "Hydrologic unit."  A unit of surface water or groundwaters,
     or both, which are interconnected and hydrologically related.
     The term includes a surface watershed or basin, groundwater
     basin, aquifer or aquifer system.
        "Municipalities Planning Code."  The act of July 31, 1968
     (P.L.805, No.247), known as the Pennsylvania Municipalities
     Planning Code.
        "Municipality."  Any county, city, borough, town, township or
     home rule municipality or any agency or authority created by any
     one or more of the foregoing.
        "Nonconsumptive use."  A use of water withdrawn from water
     resources of this Commonwealth in such manner that it is
     returned to its basin of origin. Where only a portion of the
     water withdrawn is returned to the basin of origin, that portion
     which is returned is a nonconsumptive use, and the portion of
     water withdrawn which is not returned to the basin of origin is
     a consumptive use.
        "Nonwithdrawal use."  The functions of or activities in water
     that is not withdrawn from a water resource, including, but not
     limited to, navigation, in-stream hydropower production,
     recreation, fish and wildlife habitat and the aquatic
     environment.
        "Person."  An individual, partnership, association, company,
     corporation, municipality, municipal authority, Federal or
     Commonwealth administrative agency or an entity which is
     recognized by law as the subject of rights and obligations. The
     term shall include the officers, employees and agents of any
     legal entity.
        "Public water supply agency."  A community water system as
     defined by the act of May 1, 1984 (P.L.206, No.43), known as the
     Pennsylvania Safe Drinking Water Act, or any person subject to
     the act of June 24, 1939 (P.L.842, No.365), referred to as the
     Water Rights Law.
        "Reasonable and beneficial use."  The use of water for a
     useful and productive purpose, which is reasonable considering
     the rights of other users and consistent with the public
     interest, in a quantity and manner as is necessary for efficient
     utilization. The term includes withdrawal and nonwithdrawal
     uses.
        "Region."  One of the six regions established in section 3113
     (relating to regional committees).
        "Regional committee."  A regional water resources committee.
        "Safe Drinking Water Act."  The act of May 1, 1984 (P.L.206,
     No.43), known as the Pennsylvania Safe Drinking Water Act.
        "Safe yield."  For purposes of the State water plan, the
     amount of water that can be withdrawn from a water resource over
     a period of time without impairing the long-term utility of a
     water resource such as dewatering of an aquifer, impairing the
     long-term water quality of a water resource, inducing a health
     threat or causing irreparable or unmitigated impact upon
     reasonable and beneficial uses of the water resource. Safe yield
     of a particular water source is primarily to be determined based
     upon the predictable rate of natural and artificial
     replenishment of the water source over a reasonable period of
     time.
        "Secretary."  The Secretary of Environmental Protection of
     the Commonwealth.
        "State water plan."  The plan adopted under section 3115
     (relating to development, adoption, amendment and periodic
     review of State water plan). Prior to adoption of the State
     water plan in accordance with section 3115, the term shall mean
     the State water plan previously adopted and published in
     accordance with section 1904-A of the act of April 9, 1929
     (P.L.177, No.175), known as The Administrative Code of 1929.
        "Statewide committee."  The Statewide Water Resources
     Committee.
        "Surface water."  Water on the surface of the earth,
     including water in a perennial or intermittent watercourse,
     lake, reservoir, pond, spring, wetland, estuary, swamp or marsh,
     or diffused surface water, whether such body of water is natural
     or artificial. The term does not include recirculated process
     water or wastewater stored in an off-stream impoundment, pond,
     tank or other device unless such water or wastewater is
     withdrawn and used by a person other than the person who
     initially withdrew the water from a water resource or obtained
     such water from a public water supply agency.
        "Water availability evaluation."  An assessment of available
     safe yield of water in an area, both groundwater and surface
     water, including natural recharge capability, and an estimate of
     the present reasonable and beneficial uses and of the reasonable
     and beneficial uses for 20 years ahead by various categories
     such as in-stream, agricultural, domestic, energy development
     and production, industrial and recreational uses.
        "Water conservation practices and measures."  Those practices
     and measures which are technically feasible and economically
     practicable and which are designed to accomplish any of the
     following:
            (1)  Reduce the demand for water.
            (2)  Improve efficiency in water use and reduce leakage,
        losses and waste of water.
            (3)  Improve reuse and recycling of water.
            (4)  Improve land management practices to conserve water
        or to preserve or increase groundwater recharge.
        "Watercourse."  A distinct natural or artificial body of
     water flowing perennially or intermittently in a defined channel
     with bed and banks. The term includes a river, creek, stream,
     slough or canal.
        "Water resource."  Surface water or groundwater, within or on
     the boundaries of this Commonwealth.
        "Water resources emergency."  A drought or other water
     resource shortage declared by proclamation of the Governor that
     would result in a substantial and immediate shortage of
     available water supply in a region and that would be of
     sufficient severity and magnitude to warrant coordinated action
     to prevent or alleviate damage to property, human suffering,
     hardship or threats to health, safety, welfare and fish and
     wildlife habitat.
        "Water Rights Law."  The act of June 24, 1939 (P.L.842,
     No.365), referred to as the Water Rights Law.
        "Watershed."  The drainage area of a watercourse of a minimum
     drainage area determined in accordance with guidelines developed
     pursuant to section 3115(a)(2) (relating to development,
     adoption, amendment and periodic review of State water plan).
        "Withdrawal."  The removal or taking of water from any water
     resource, whether or not returned to the water resource.
        "Withdrawal use."  Any use of water which is withdrawn,
     including, but not limited to, domestic, municipal, public,
     commercial, industrial, energy development and production and
     agricultural water supply. The term includes the use of water
     transferred through interconnections but shall not include
     transfer of water within a system operated by the same public
     water supply agency.
      § 3103.  Intergovernmental cooperation and coordination.
        The Statewide committee, the regional committees and the
     department shall cooperate and coordinate with appropriate
     Compact Basin Commissions and Federal, interstate, State and
     political subdivisions, municipalities, public water supply
     agencies and other agencies for efficient planning for the
     maintenance and enhancement of the water resources of this
     Commonwealth.
      § 3104.  Administrative agreements with other agencies.
        In consultation with the Statewide committee, the department
     shall, to the extent practicable, enter into administrative
     agreements with appropriate Compact Basin Commissions and
     Federal, State, interstate, municipal and other agencies for the
     following purposes:
            (1)  To avoid unnecessary duplication of staff functions
        and facilitate coordinated review of projects and actions
        within the jurisdiction of such agencies.
            (2)  To provide a coordinated system for registration of
        significant water uses and the coordinated collection and
        maintenance of data regarding water resources.
            (3)  To provide for coordinated inspection, monitoring
        and enforcement of applicable statutes and regulations,
        provided that nothing in this section shall be deemed to
        confer enforcement authority on the Statewide committee.
            (4)  To accept delegations of authority from or obtain
        the services and assistance of a Compact Basin Commission or
        Federal or interstate agency concerning planning for the
        maintenance and enhancement of water resources. Nothing in
        this paragraph shall be construed to authorize a delegation
        to the Statewide committee or the department of any power to
        regulate, control or require permits for the withdrawal or
        use of water.
            (5)  To ensure coordinated and effective responses to
        water resources emergencies in conjunction with the
        Pennsylvania Emergency Management Agency and the Compact
        Basin Commissions.
                               SUBCHAPTER B
                         WATER RESOURCES PLANNING
     Sec.
     3111.  State water plan.
     3112.  Plan contents.
     3113.  Regional committees.
     3114.  Statewide Water Resources Committee.
     3115.  Development, adoption, amendment and periodic review
            of State water plan.
     3116.  Use of plan.
     3117.  Statewide data system.
     3118.  Water use registration and reporting.
     3119.  Confidential information.
     3120.  Water conservation.
     3121.  Grants.
      § 3111.  State water plan.
        (a)  Preparation and adoption.--In accordance with this
     chapter and with ongoing consultation with the Statewide
     committee and the department, each regional committee shall
     guide the development of and recommend to the Statewide
     committee a regional plan component for review, approval and
     incorporation into the State water plan. The Statewide committee
     shall guide the development of, approve and recommend to the
     secretary approval and adoption of the State water plan. The
     department shall draft and develop the State water plan,
     including regional plan components. The State water plan shall
     be completed and adopted within five years of the effective date
     of this chapter.
        (b)  Matters considered.--The State water plan shall reflect
     the matters set forth in section 3112 (relating to plan
     contents). The level of detail within the State water plan and
     each regional plan may vary among watersheds and other
     hydrologic units. In consultation with the regional committee
     and the Statewide committee, the department shall establish with
     the approval of the Statewide committee priorities and
     guidelines for the level of detail appropriate for different
     areas, considering among other factors the current or projected
     future water demands in comparison to the safe yield of
     available water resources in the area.
        (c)  Limitation of authority.--Nothing contained in this
     chapter shall be construed to authorize, expand or diminish the
     existing authority of the department, including the
     Environmental Quality Board, to regulate, control or require
     permits for the withdrawal or use of water.
      § 3112.  Plan contents.
        (a)  General rule.--The State water plan and regional plan
     shall include:
            (1)  An inventory of the surface water resources of each
        region of this Commonwealth, including an identification of
        the boundaries of significant watersheds and an estimate of
        the safe yield of such sources for withdrawal and
        nonwithdrawal uses during periods of normal conditions and
        drought.
            (2)  An inventory of the groundwater resources of each
        region of this Commonwealth, including an identification of
        aquifers and groundwater basins and an assessment of their
        safe yield, prime recharge areas, recharge capacity,
        withdrawal limits and relationship to stream base flows.
            (3)  An assessment and projection of existing and future
        nonwithdrawal use needs and the values of watercourses
        included within this Commonwealth or Federal wild and scenic
        river systems.
            (4)  An assessment and projection of existing and future
        withdrawal use demands.
            (5)  An identification of potential problems with water
        availability or conflicts among water uses and users.
            (6)  An identification of critical water planning areas
        comprising any significant hydrologic unit where existing or
        future demands exceed or threaten to exceed the safe yield of
        available water resources.
            (7)  An assessment of the current and future capabilities
        of public water supply agencies to provide an adequate
        quantity and quality of water to their service areas.
            (8)  An assessment of floodplain and storm water
        management problems.
            (9)  An assessment of navigation needs and the means for
        restoration, development and improvement of transportation by
        water.
            (10)  An assessment of the water resources required to
        serve areas with important or unique natural, scenic,
        environmental or recreational values of national, regional,
        local or Statewide significance, including national and State
        parks; designated wild, scenic and recreational rivers;
        national and State wildlife refuges; and the habitats of
        Federal and State endangered or threatened species.
            (11)  A process for identifying projects and practices
        that are being or have been implemented by water users that
        reduce the amount of water withdrawal or consumptive use,
        improve efficiency in water use, provide for reuse and
        recycling of water, increase the supply or storage of water
        or preserve or increase groundwater recharge and a
        recommended process for providing appropriate positive
        recognition of such projects or practices in actions,
        programs, policies, projects or management activities
        recommended under paragraph (16).
            (12)  An identification of practical alternatives for an
        adequate supply of water to satisfy existing and future
        reasonable and beneficial uses, including improved storage,
        groundwater recharge and surface water/groundwater
        conjunctive management programs.
            (13)  An assessment of both structural and nonstructural
        alternatives to address identified water availability
        problems, adverse impacts on water uses or conflicts between
        water users, including potential actions to develop
        additional or alternative supplies, conservation measures and
        management techniques.
            (14)  A review and evaluation of statutes, regulations,
        policies and institutional arrangements for the development,
        conservation, distribution and emergency management of water
        resources.
            (15)  A review and evaluation of water resources
        management alternatives and recommended programs, policies,
        institutional arrangements, projects and other provisions to
        meet the water resources needs of each region and of this
        Commonwealth.
            (16)  Proposed methods of implementing various
        recommended actions, programs, policies, projects or
        management activities.
        (b)  Considerations.--The State water plan and regional plans
     shall consider:
            (1)  The interconnections and relationships between
        groundwater and surface water as components of a single
        hydrologic resource.
            (2)  Regional water resources needs, objectives and
        priorities as identified and evaluated by the regional
        committee.
            (3)  Federal, State and interstate water resources
        policies, plans, objectives and priorities, including those
        identified in statutes, regulations, compacts, interstate
        agreements or comprehensive plans adopted by Federal and
        State agencies and Compact Basin Commissions.
            (4)  The needs and priorities reflected in comprehensive
        plans and zoning ordinances where one of the following
        conditions is satisfied:
                (i)  A county adopts a comprehensive plan in
            accordance with section 301 or 302 of the Municipalities
            Planning Code and municipalities in the county have
            adopted comprehensive plans and zoning ordinances in
            accordance with sections 301, 303(d) and 603(j) of the
            Municipalities Planning Code.
                (ii)  Municipalities have adopted a county plan or a
            multimunicipal plan under Article XI of the
            Municipalities Planning Code and the participating
            municipalities have conformed their local plans and
            ordinances to the county or multimunicipal plan by
            implementing cooperative agreements and adopting
            appropriate resolutions and ordinances.
                (iii)  A county adopts a comprehensive plan in
            accordance with section 301 or 302 of the Municipalities
            Planning Code and either:
                    (A)  the county has adopted and is administering,
                in lieu of municipalities in the county, a county
                comprehensive plan and county zoning ordinance in
                accordance with sections 301, 303(d) and 603(j) of
                the Municipalities Planning Code; or
                    (B)  the county has adopted a county
                comprehensive plan in accordance with section 301 or
                302 of the Municipalities Planning Code which is in
                effect, in lieu of comprehensive plans adopted by
                municipalities in the county, and municipalities in
                the county have adopted zoning ordinances generally
                consistent with such county comprehensive plan in
                accordance with sections 303(d) and 603(j) of the
                Municipalities Planning Code.
            (5)  The water quantity and quality necessary to support
        reasonable and beneficial uses.
            (6)  A balancing and encouragement of multiple uses of
        water resources, recognizing that all water resources of this
        Commonwealth are capable of serving multiple uses and human
        needs, including multiple uses of water resources for
        reasonable and beneficial uses.
            (7)  The distinctions between short-term and long-term
        conditions, impacts, needs and solutions to ensure
        appropriate and cost-effective responses to water resources
        issues.
            (8)  The benefits and costs and social and environmental
        impacts of alternative policies, programs, projects and
        actions.
            (9)  Application of the principle of equal and uniform
        treatment of all water users that are similarly situated and
        all users of related facilities without regard to established
        political boundaries.
        (c)  Balancing of considerations.--In approving, recommending
     and adopting the State water plan, the Statewide committee and
     secretary shall provide serious and deliberative consideration
     to regional priorities, objectives and recommendations expressed
     by the regional committees, reconcile differences or conflicts
     among regional plans and assure that the regional plans and
     State water plan adequately consider and reflect Federal, State
     and Compact Basin Commission policies, plans, objectives and
     priorities of national, Statewide or interstate importance.
        (d)  Designation of critical water planning areas and
     preparation and approval of critical area resource plans.--
            (1)  Critical water planning areas shall be identified as
        provided under subsection (a)(6). A regional committee may,
        in advance of the formal adoption of a regional plan or the
        State water plan and if justified by evidence developed in
        the planning process, recommend the designation of a critical
        water planning area. Upon such recommendation, the Statewide
        committee and secretary may designate the area for the
        development of a critical area resource plan for any
        watershed or watersheds within a critical water planning area
        pursuant to this subsection.
            (2)  In preparing a critical area resource plan for a
        critical water planning area, the regional committee shall
        establish a critical area advisory committee. This committee
        shall be composed of persons representative of appropriate
        governmental agencies, agricultural, public water supply,
        industrial and other water users in the area, conservation
        and environmental organizations and other persons who have
        knowledge of, background in or an understanding of water
        resources planning and management. The critical area advisory
        committee shall evaluate policy, program and management
        alternatives and advise the regional committee and department
        throughout the critical water area planning process.
            (3)  For each critical water planning area identified and
        designated under this subsection or subsection (a)(6), the
        regional committee shall, in consultation with a critical
        area advisory committee, guide the development of and
        recommend to the Statewide committee and secretary and the
        department shall draft a critical area resource plan. The
        regional committee may recommend to the department the
        engagement of county or regional agencies or expert
        consulting firms to assist in the process of preparing such a
        plan.
            (4)  A critical area resource plan shall be subject to
        review and adoption through the same process as a regional
        plan as provided in this section and section 3115 (relating
        to development, adoption, amendment and periodic review of
        State water plan). Prior to final recommendation by the
        regional committee to the Statewide committee, a copy of the
        proposed critical area resource plan shall be submitted to
        the official planning agency and governing body of each
        municipality in the designated critical water planning area,
        the appropriate county planning agency and regional planning
        agencies for review and comment as to consistency with other
        plans and programs affecting the critical water planning
        area, and each such agency and governing body shall be
        provided 45 days to provide comments.
            (5)  The critical area resource plans shall include:
                (i)  An identification of existing and future
            reasonable and beneficial uses.
                (ii)  A water availability evaluation, including a
            quantitative assessment of the available water resources
            and their relationship to the existing and future
            reasonable and beneficial uses.
                (iii)  An identification of the quantity of water
            available for new or increased uses of water in the
            forseeable future and an identification of quantities
            required for future water uses associated with planned
            projects or developments.
                (iv)  An assessment of water quality issues that have
            a direct and substantial effect on water resource
            availability.
                (v)  A consideration of storm water and floodplain
            management within the critical water planning area and
            their impacts on water quality and quantity.
                (vi)  Identification of existing and potential
            adverse impacts on uses or conflicts among users or areas
            of the critical water planning area and identification of
            alternatives for avoiding or resolving such conflicts.
                (vii)  An identification of practicable supply-side
            and demand-side alternatives for assuring an adequate
            supply of water to satisfy existing and future reasonable
            and beneficial uses.
            (6)  Critical area resource plans shall be construed as a
        component of the State water plan and may be implemented
        voluntarily.
      § 3113.  Regional committees.
        (a)  Creation.--There is created within the department a
     regional committee for each of the following regions in this
     Commonwealth:
            (1)  The watershed drainage area of the Delaware River
        and its tributaries.
            (2)  The watershed drainage area of the West Branch
        Susquehanna River subbasin and the upper Susquehanna, middle
        Susquehanna and Chemung subbasins and their tributaries.
            (3)  The watershed drainage area of the Juniata River and
        lower Susquehanna River and its tributaries below Sunbury,
        and Gunpowder, Northeast and Elk Creek Watersheds draining to
        the Chesapeake Bay.
            (4)  The watershed drainage area of the Ohio River and
        its tributaries.
            (5)  The watershed drainage area of Lake Erie and the
        Genesee River.
            (6)  The watershed drainage area of the Potomac River and
        its tributaries.
     Each regional committee shall be subject to the provisions
     applicable generally to boards and commissions identified in
     section 203 of the act of April 9, 1929 (P.L.177, No.175), known
     as The Administrative Code of 1929.
        (b)  Membership.--
            (1)  Each regional committee shall be composed of:
                (i)  Four members with a knowledge, background or
            understanding of water resources planning and management
            who are county conservation district or planning
            commission directors or, where a county conservation
            district does not cover a portion of a region, who are
            representatives of the governing body of the county or
            city of the first class, as appropriate, and shall
            represent a geographic cross section of the region. At
            least two county conservation district directors shall be
            appointed to each regional committee. Such members shall
            be appointed by the Governor from recommendations made
            separately by the governing bodies of each county or city
            of the first class which is in whole or in part within
            the region.
                (ii)  Seventeen members appointed by the Governor
            from recommendations made separately by Statewide and
            regional organizations representing such interests whose
            residence or place of business is within the region and
            who meet the following criteria:
                    (A)  Two members shall be representative of
                agriculture, one from production agriculture and one
                from horticulture.
                    (B)  One member shall be an officer or employee
                of a public water supply agency providing residential
                service within the region.
                    (C)  One member shall be an officer or employee
                of a public wastewater agency providing service
                within the region.
                    (D)  Three members shall represent significant
                industrial and commercial enterprises, energy
                development and production interests.
                    (E)  Three members shall represent environmental
                and conservation interests.
                    (F)  Four members with education and experience
                in professions relating to water resources
                management, including engineering, hydrology,
                geology, planning, law and economics, one of whom
                shall be a registered professional geologist.
                    (G)  Three members representing local governments
                other than counties.
            The members appointed under this subparagraph shall
            represent a cross section of the region, considering the
            distribution of population within each region.
                (iii)  One member, appointed by the secretary, who is
            a department employee. This member shall advise the
            regional committee without voting on any matter before
            the regional committee.
                (iv)  Where a Compact Basin Commission exists with
            jurisdiction over all or a portion of the region, a
            representative of such Compact Basin Commission shall be
            invited to serve as an ex officio voting member of the
            regional committee.
            (2)  Members shall be appointed no later than 180 days
        after the effective date of this chapter.
            (3)  A member shall be appointed for a term of three
        years. Of the members first appointed by the Governor under
        paragraph (1)(i) and (ii), five members shall serve for terms
        of one year, five members shall serve for terms of two years
        and five members shall serve for terms of three years.
            (4)  Vacancies shall be filled for the remainder of an
        unexpired term in the same manner as original appointments. A
        member, upon expiration of the term, shall continue to hold
        office until a successor is appointed.
            (5)  A majority of the membership of a regional committee
        shall constitute a quorum for the transaction of regional
        committee business. Action may be taken on a matter before
        the regional committee by a majority vote of the full
        membership of the regional committee.
            (6)  Members of a regional committee shall serve without
        compensation but may be reimbursed from funds appropriated
        for such purposes for necessary and reasonable travel and
        other expenses incurred during the performance of their
        duties.
            (7)  A chairperson shall be elected annually by a
        majority vote of the full membership of the regional
        committee.
        (c)  Powers and duties.--A regional committee has the
     following powers and duties:
            (1)  Guide the development of and recommend to the
        Statewide committee the regional plan component for review
        and incorporation into the State water plan.
            (2)  Consult with, advise and make recommendations to the
        department and the Statewide committee prior to and
        throughout the process of preparing the regional plan
        component of the State water plan and amendments to the
        regional plan component of the State water plan.
            (3)  Advise the Statewide committee and the department
        regarding the engagement and selection of consultants or
        experts to assist in the preparation of the regional
        component of the State water plan.
            (4)  Recommend to the Statewide committee and the
        department the identification of critical water planning
        areas.
            (5)  Utilize an open process, including public notice and
        at least one combined public meeting and hearing, to solicit
        comments from interested persons on water resources planning
        issues related to the preparation of the regional component
        of the State water plan.
            (6)  Meet as necessary to accomplish the purposes of this
        chapter.
            (7)  Adopt bylaws and procedures for conducting business.
      § 3114.  Statewide Water Resources Committee.
        (a)  Establishment.--There is established within the
     department the Statewide Water Resources Committee. The purpose
     of the committee is to coordinate the development of the State
     water plan, recommend policies and guidelines for and oversee
     the development of the State water plan and, in continuing
     consultation and collaboration with the regional committees and
     the department and with the full opportunity for public review
     and comment, approve and recommend to the secretary approval and
     adoption of the State water plan. The Statewide committee shall
     be subject to the provisions applicable generally to boards and
     commissions identified in section 203 of the act of April 9,
     1929 (P.L.177, No.175), known as The Administrative Code of
     1929.
        (b)  Membership.--
            (1)  The Statewide committee shall be composed of members
        selected as set forth in this subsection.
            (2)  Eighteen members shall be appointed as follows:
                (i)  Six members shall be representatives of the
            regional committees, appointed as provided in this
            paragraph. The Majority Leader of the Senate and Majority
            Leader of the House of Representatives shall each appoint
            two members from among the members of the regional
            committees. The Minority Leader of the Senate and the
            Minority Leader of the House of Representatives shall
            each appoint one member from among the members of the
            regional committees. Each regional committee shall
            nominate from among their members individuals to be
            considered for appointment under this paragraph, and no
            more than one member from each regional committee shall
            be appointed under this paragraph.
                (ii)  The Governor shall appoint six members
            representing a cross section of water user interests,
            including agriculture, conservation districts, industrial
            and commercial enterprises, mining, energy development
            and production and public water supply. The Governor
            shall seek suggestions and recommendations for Statewide
            committee membership from representative organizations.
                (iii)  The Governor shall appoint six members
            representing local government, environmental and
            conservation interests and professions relating to water
            resources management. The Governor shall seek suggestions
            and recommendations for Statewide committee membership
            from representative organizations.
            (3)  The Secretary of Environmental Protection, Secretary
        of Agriculture, Secretary of Conservation and Natural
        Resources, Executive Director of the Pennsylvania Fish and
        Boat Commission, Chairman of the Pennsylvania Public Utility
        Commission and Executive Director of the Pennsylvania
        Emergency Management Agency or their designees shall be ex
        officio voting members of the Statewide committee. The
        Secretary of Community and Economic Development and the
        Executive Director of the Governor's Center for Local
        Government Services or their designees and a representative
        of each Compact Basin Commission shall be invited to serve as
        ex officio nonvoting members of the Statewide committee.
            (4)  Members shall be appointed no later than 180 days
        after the effective date of this chapter.
            (5)  A member shall be appointed for a term of four
        years. Of the initial members appointed by the Governor:
                (i)  Six members shall serve initial terms of two
            years.
                (ii)  Six members shall serve initial terms of four
            years.
                (iii)  After such initial terms, individuals
            appointed by the Governor shall serve for a term of four
            years.
            (6)  Members must, as a result of educational background,
        training or experience, have an understanding of water
        resources planning and management issues.
            (7)  The chairperson of the Statewide committee shall be
        elected by a majority vote of the full membership of the
        committee.
            (8)  Vacancies shall be filled for the remainder of an
        unexpired term in the same manner as original appointments. A
        member, upon expiration of the term, shall continue to hold
        office until a successor is appointed.
            (9)  A majority of the membership of the Statewide
        committee shall constitute a quorum for the transaction of
        business. Action may be taken on a matter before the
        committee by a majority vote of the full membership of the
        committee.
            (10)  Members of the Statewide committee shall serve
        without compensation but may be reimbursed from funds
        appropriated for such purposes for necessary and reasonable
        travel and other expenses incurred during the performance of
        their duties.
        (c)  Powers and duties.--The Statewide committee shall:
            (1)  Recommend to the secretary the approval and adoption
        of the State water plan, including regional plan components,
        following consultation with the regional committees, the
        department, Compact Basin Commission and other appropriate
        agencies and after the public comment and hearing process
        specified in section 3115(b) (relating to development,
        adoption, amendment and periodic review of State water plan).
            (2)  Assist the department, in cooperation with regional
        committees, with the development of a public participation
        process to encourage the input from persons interested in
        water resources issues throughout the process of developing
        and formulating regional plan components and the State water
        plan.
            (3)  Recommend approval by the secretary of policies and
        guidelines for the preparation and development of regional
        plans and the State water plan in order to assure consistency
        in the methods used to carry out the assessments and
        inventories required under section 3112 (relating to plan
        contents).
            (4)  Review and comment upon regulations and policies
        proposed by the department under this chapter. In furtherance
        of this responsibility, the Statewide committee shall be
        given a reasonable opportunity to review and comment on
        regulations promulgated under this chapter affecting water
        resources prior to the submission to the Environmental
        Quality Board for both initial and final consideration. The
        written report of the Statewide committee shall be presented
        to the Environmental Quality Board with any regulatory
        proposal under this chapter. The chairperson of the Statewide
        committee shall be invited to participate in the presentation
        of all regulations promulgated under this chapter affecting
        water resources before the Environmental Quality Board.
            (5)  Carry out the duties and responsibilities assigned
        to the Statewide committee under this chapter or other
        applicable statutes.
      § 3115.  Development, adoption, amendment and periodic review
                of State water plan.
        (a)  Preparation of State water plan.--
            (1)  A State water plan shall be developed and adopted in
        accordance with this section within five years of the
        effective date of this chapter. After the initial adoption of
        a State water plan, the plan shall be amended and updated
        every five years.
            (2)  The department, in consultation with the Statewide
        committee, shall develop policies and guidelines for:
                (i)  Preparing or amending the regional plan
            components and the State water plan.
                (ii)  Ensuring public participation in the
            development or amendment of the State water plan.
                (iii)  Identifying critical water planning areas.
                (iv)  Developing critical area resources plans.
        Policies and guidelines shall be adopted only upon approval
        by both the Statewide committee and the secretary.
            (3)  All meetings, hearings and public review under this
        chapter shall be in accordance with the provisions of 65
        Pa.C.S. Ch. 7 (relating to open meetings) and any regulations
        promulgated thereunder.
        (b)  Development of the State water plan.--
            (1)  Each regional committee shall:
                (i)  Hold at least one combined public meeting and
            hearing within its region to solicit input on water
            resources management and water resources planning within
            the region.
                (ii)  Make recommendations to the department and the
            Statewide committee on the development or amendment of
            the State water plan.
                (iii)  Make recommendations on the identification of
            critical water planning areas within the region.
            (2)  Based upon the recommendations and guidance of the
        regional committees and consistent with the policies and
        guidelines established under subsection (a)(2), the
        department, in consultation with the Statewide committee,
        shall prepare drafts of the initial regional plan components
        to be used in the development or amendment of the State water
        plan. The department may also utilize other available
        resources to assist with the preparation of the drafts.
            (3)  The department, in conjunction with the Statewide
        committee and the regional committee, shall hold at least one
        combined public meeting and hearing in each region to solicit
        input on the drafts of the initial regional plan components
        to be used in the development or amendment of the State water
        plan.
            (4)  Following public participation and the combined
        public meeting and hearing required under paragraph (3), each
        regional committee shall select, by a majority vote, the
        planning alternatives and provisions to be recommended as
        part of the regional plan component of the State water plan.
        Each regional committee shall recommend, by a majority vote,
        the regional plan component to the Statewide committee. Each
        regional committee shall provide to another regional
        committee any proposed regional plan component recommendation
        that may affect any other region for review and comment prior
        to recommendation of the regional plan component to the
        Statewide committee.
            (5)  With consideration of the regional plan components
        developed under paragraphs (1) through (4), and consistent
        with the policies and guidelines established under subsection
        (a)(2), the department, in ongoing consultation with the
        Statewide committee, shall prepare a draft of the State water
        plan or amendments to the State water plan. The department,
        in conjunction with the Statewide committee, shall make the
        draft of the State water plan available for public review to
        solicit input on the draft of the State water plan or
        amendments to the State water plan.
        (c)  Adoption of regional plan components and State water
     plan.--Regional plans and the State water plan shall be
     recommended and adopted in accordance with the following
     procedures:
            (1)  Each regional committee shall, by a majority vote,
        recommend the regional plan components to the Statewide
        committee as provided in subsection (b).
            (2)  If a regional committee fails to comply with the
        obligations set forth in this chapter, the Statewide
        committee shall, after providing 90 days' written notice to
        the regional committee, propose, approve and recommend the
        regional plan components for that region.
            (3)  The Statewide committee or the secretary may direct
        modification of a new or previously approved regional plan,
        in whole or in part, upon finding one of the following:
                (i)  Recommended planning or management alternatives
            or provisions of two or more regional plans are
            inconsistent, or two or more regional planning committees
            are unable to agree on an alternative or provision
            affecting their respective regions.
                (ii)  A recommended planning or management
            alternative or provision is inconsistent with:
                    (A)  this chapter;
                    (B)  Federal or State statutes, regulations or
                officially adopted policies or plans; or
                    (C)  compacts or other interstate agreements and
                plans.
                (iii)  A regional plan component is inconsistent with
            or conflicts with the provisions or objectives of the
            overall State water plan.
                (iv)  The recommended regional plan component fails
            to conform to section 3112 (relating to plan contents) or
            the requirements established by policies adopted pursuant
            to subsection (a)(2).
            (4)  Following consultation with the regional committees,
        the Statewide committee shall approve and recommend to the
        secretary approval and adoption of regional plan components
        and the State water plan, subject to the following
        procedures:
                (i)  Within 90 days of submission of a regional plan,
            the secretary shall in writing either approve the
            regional plan or disapprove the regional plan if the
            secretary finds that the regional plan fails to meet any
            of the criteria set forth in paragraph (3)(i) through
            (iv).
                (ii)  Within 90 days of submission of the State water
            plan, the secretary shall in writing either approve the
            State water plan or disapprove the plan if the secretary
            finds that the State water plan fails to conform to the
            requirements of section 3112 or the policies adopted
            pursuant to subsection (a)(2).
                (iii)  Upon disapproval of a regional plan or State
            water plan, the secretary shall advise the Statewide
            committee and affected regional committee in writing of
            the reasons for such disapproval.
                (iv)  Upon receipt of any notice of disapproval, the
            Statewide committee, any affected regional committee and
            the department shall undertake expeditious and diligent
            efforts to confer and resolve the issues identified as
            the reasons for disapproval. Within 90 days of receipt of
            any disapproval notice, the Statewide committee shall
            recommend a revised plan which addresses and resolves the
            issues.
            (5)  Final adoption of each regional plan component and
        the State water plan shall occur only upon the approval and
        recommendation by the Statewide committee to the secretary
        for the approval and adoption of the State water plan and
        subsequent adoption by the secretary.
            (6)  Upon adoption of the State water plan, the
        department shall publish notice of the adoption or amendment
        of the State water plan in the Pennsylvania Bulletin and on
        the department's World Wide Web site.
        (d)  Periodic review.--The Statewide committee and the
     department shall, at least once every five years and after
     consultation with the regional committees, review the State
     water plan to determine whether it reflects the objectives,
     policies and purposes of this chapter. This determination,
     including recommendations for revisions to regional plans, shall
     be set forth in writing.
        (e)  Plan amendment.--The State water plan may be amended in
     accordance with the requirements of this section.
      § 3116.  Use of plan.
        (a)  General use of plan.--The State water plan is intended
     to serve as a policy and guidance document, providing
     information, objectives, priorities and recommendations to be
     considered and weighed in a broad range of State, local and
     private decisions. The State water plan is not intended to
     constitute or contain legally binding regulations, prohibitions
     or prescriptions.
        (b)  Specific uses of plan.--Among other uses, it is intended
     that the State water plan will be used to:
            (1)  Identify and prioritize water resource and water
        supply development projects to be carried out by private
        organizations or government agencies.
            (2)  Provide information to public and private decision
        makers regarding water availability to help guide efficient
        investment and economic development.
            (3)  Identify opportunities for improving operation of
        this Commonwealth's existing water resources infrastructure.
            (4)  Guide the development and implementation of policies
        and programs by State agencies that will reduce the risk of
        flooding, water shortages from drought and conflicts between
        water users or uses.
            (5)  Guide policies on activities that directly and
        significantly affect the quantity and quality of water
        available with the objective of balancing and encouraging
        multiple uses of water resources.
            (6)  Educate public officials and the public at large
        regarding the sources and uses of water in this Commonwealth.
      § 3117.  Statewide data system.
        (a)  General rule.--In cooperation with the Compact Basin
     Commissions and Federal, State and regional agencies with
     responsibilities relating to water resources management, the
     department shall establish and maintain a Statewide system to
     gather, process and distribute information on the availability,
     distribution, quality and use of water resources of this
     Commonwealth.
        (b)  Other commissions and agencies.--The department shall
     invite interested Compact Basin Commissions and Federal, State
     and regional agencies with responsibilities relating to water
     resources management to join the Statewide data system and shall
     cooperate with any such agency choosing to join the system.
        (c)  Fee.--Information gathered in the Statewide data system,
     subject to protection provided to confidential business
     information under section 3119 (relating to confidential
     information), shall be made available to any person on payment
     of a reasonable fee, as established by the department with the
     advice of the Statewide committee, to cover the expenses of
     making such information available to that person.
      § 3118.  Water use registration and reporting.
        (a)  Interim registration program.--Pending the adoption of
     regulations for registration and reporting under subsection (b),
     each public water supply agency and each hydropower facility,
     irrespective of the amount of withdrawal, and each person whose
     total withdrawal or withdrawal use from one or more points of
     withdrawal within a watershed operated as a system either
     concurrently or sequentially exceeds an average rate of 10,000
     gallons a day in a 30-day period shall register with the
     department the source, location and amount of withdrawal or use
     or both. Registrations shall be submitted not later than 12
     months after the effective date of this chapter or 30 days
     following the initiation of any such withdrawal or use,
     whichever is later. Registrations shall be submitted on forms as
     prescribed by the department.
        (b)  General rule; requirements for registration and
     reporting.--In order to provide accurate information for water
     resources planning, the department in consultation with the
     Statewide committee shall recommend and the Environmental
     Quality Board shall adopt regulations establishing requirements
     for the registration, periodic reporting and recordkeeping of
     withdrawals in accordance with the following provisions:
            (1)  Each public water supply agency and each hydropower
        facility, irrespective of the amount of withdrawal, and each
        person whose total withdrawal or withdrawal use from one or
        more points of withdrawal within a watershed operated as a
        system either concurrently or sequentially exceeds an average
        rate of 10,000 gallons a day in a 30-day period shall comply
        with recordkeeping and periodic reporting requirements
        established by regulation. Such regulations shall require
        water users subject to the registration requirements of this
        section to monitor, maintain records and submit to the
        department periodic reports regarding the source, location
        and amount of withdrawals or uses or both from surface waters
        and groundwaters, including the amount of consumptive and
        nonconsumptive uses, the locations and amounts of any waters
        returned and discharged and the amounts of water transferred
        between public water supply agencies via interconnections.
        Such regulations shall not require submission of periodic
        reports more frequently than annually. Where alternative
        methods exist to obtain a reasonably accurate evaluation of
        withdrawals or withdrawal uses, consumptive or nonconsumptive
        uses and return flows, such regulations shall allow for use
        of the alternative methods to obtain a reasonable estimate or
        indirect calculation of such in lieu of direct metering or
        measurement. With respect to withdrawal uses, other than
        public water supply agency withdrawals and hydropower
        facilities, involving a withdrawal of less than 50,000
        gallons per day in a 30-day period, the regulations shall
        provide for the use of alternative methods to obtain a
        reasonable estimate or indirect calculation of such in lieu
        of direct metering or measurement.
            (2)  The regulations may provide for the adjustment of or
        variations in registration, recordkeeping or periodic
        reporting requirements for identified classification of user
        or volume of withdrawal if such requirements are not
        necessary to obtain information required to adequately assess
        water uses, monitor demands and otherwise prepare accurate
        and complete regional and State water plans and, if
        applicable, critical area resource plans.
            (3)  The regulations shall include a process under which
        water users may document and register practices or projects
        that they have implemented to reduce water withdrawals or
        consumptive use, promote groundwater recharge or otherwise
        conserve or enhance water supplies for consideration and use
        in providing appropriate recognition and credit during the
        implementation of existing or future water supply programs.
            (4)  To avoid duplication of efforts, regulations
        implementing the periodic reporting requirements of this
        subsection shall provide that the requirements may be
        satisfied by the filing of discharge monitoring reports
        prepared under the Clean Streams Law, water supply reports
        prepared under the Safe Drinking Water Act, water withdrawal
        and use reports prepared and submitted pursuant to
        regulations adopted by the Delaware River Basin Commission
        and Susquehanna River Basin Commission, or other reports
        submitted under other applicable statutes and regulations, to
        the extent that the reports provide the required information.
            (5)  Nothing in this section shall be construed to
        authorize the department or the Environmental Quality Board
        to require metering of homeowner wells.
            (6)  Where a registered withdrawal is terminated or is
        reduced to an amount which over a 12-month period is less
        than the 30-day average threshold amounts requiring
        registration, the person responsible for such withdrawal may
        file a written notice with the department of such termination
        and reduction. After filing such notice, the person shall be
        relieved of further obligations relating to period reporting
        under this section.
            (7)  Persons required to register and report water
        withdrawals or uses under this section shall keep records
        required by regulation for a period of five years and make
        such records available for inspection by the department upon
        request.
            (8)  Registration of a withdrawal or use shall not be
        construed as a determination of a person's water rights or
        approval of a withdrawal or use by any agency of the
        Commonwealth or by a Compact Basin Commission.
        (c)  Confidentiality of information.--Information provided to
     the department under this section shall be subject to the
     provisions of section 3119 (relating to confidential
     information).
      § 3119.  Confidential information.
        (a)  General rule.--Except as provided in subsection (b),
     information required to be submitted to the department under
     this chapter shall be subject to the provisions of the act of
     June 21, 1957 (P.L.390, No.212), referred to as the Right-to-
     Know Law.
        (b)  Exception.--The department, the Statewide committee and
     any regional committee shall not disclose confidential
     information required to be submitted to the department under
     this chapter unless:
            (1)  the confidential information is contained in a
        report in which the identity of the submitting person has
        been removed and the confidential information is aggregated
        by hydrologic unit or region; or
            (2)  the confidential information is disclosed to
        employees, contractors, agents or authorized representatives
        of the department, including the State and regional planning
        committees for the purposes of this chapter.
        (c)  Confidential information submitted.--If a person submits
     confidential information under this chapter, the person must
     identify the information that is confidential information and
     provide a justification for its confidential nature. The
     department, Statewide committee or regional committees shall
     hold the confidential information in a file separate from the
     general records relating to the person.
      § 3120.  Water conservation.
        (a)  Technical assistance center.--The department shall
     establish and maintain a water resources technical assistance
     center to promote voluntary water conservation and to provide
     technical assistance on water resources uses issues, including
     methods for efficient water use, including reduction of
     unaccounted-for water loss and the replenishment and
     conservation of water resources. The center shall:
            (1)  Establish a voluntary Statewide water conservation
        program for all water users.
            (2)  Establish guidelines for the development of
        voluntary water use reduction plans in critical water
        planning areas.
            (3)  Establish voluntary water use reduction goals for
        all water users.
            (4)  Identify water conservation principles, practices
        and technology to assist all water users in conserving water.
            (5)  Develop a water conservation educational program for
        households, industry and other water users.
            (6)  Establish a Governor's Water Conservation Award to
        recognize outstanding conservation of water.
            (7)  Develop a program to promote voluntary reduction of
        unaccounted for water loss.
            (8)  Identify principles, practices and technologies to
        encourage groundwater recharge.
        (b)  Grant approval.--When approving funding pursuant to the
     act of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania
     Infrastructure Investment Authority Act, the Pennsylvania
     Infrastructure Investment Authority shall give special
     consideration to funding projects that:
            (1)  address unaccounted-for water loss or that implement
        water conservation practices by a public water supply agency
        whose unaccounted-for water loss rate exceeds 20%, provided
        that, as a condition for such assistance, the applicant shall
        agree to attempt to recover the true cost of service from
        ratepayers and adopt and implement a water system management
        program that conforms to minimum standards established by the
        department, the Pennsylvania Public Utility Commission or any
        Compact Basin Commission for water metering, meter testing
        and replacement, leak detection, unaccounted-for water
        tracking and reporting and conservation education; or
            (2)  provide for interconnection between water systems to
        improve reliability.
      § 3121.  Grants.
        (a)  Authorization.--The department is authorized to provide
     grants for the following purposes:
            (1)  Reimbursement of up to 75% of the cost of preparing
        a voluntary water use reduction plan under section 3120(a)(2)
        (relating to water conservation).
            (2)  Water resources education, technical assistance and
        water conservation, including the promotion of voluntary
        reduction of unaccounted-for water loss, under section
        3120(a).
        (b)  Funding.--Grants shall be made from funds available for
     this purpose.
                               SUBCHAPTER C
                      ADMINISTRATION AND ENFORCEMENT
     Sec.
     3131.  Administration.
     3132.  Public nuisance.
     3133.  Enforcement orders.
     3134.  Civil remedies.
     3135.  Preservation of rights and remedies.
     3136.  Relation to other laws.
      § 3131.  Administration.
        (a)  Use of funds.--The department shall use fees collected
     from the use of the Statewide data system to defray the
     reasonable costs of administering sections 3117 (relating to
     Statewide data system) and 3118 (relating to water use
     registration and reporting).
        (b)  Public records and confidentiality of information.--
     Except as provided in section 3119 (relating to confidential
     information) or in another statute, reports and other
     information obtained by the Statewide committee, a regional
     committee or the department under this chapter shall be a matter
     of public record and shall be available for inspection and
     review at the offices of the department, the Statewide committee
     or the appropriate regional committee.
        (c)  Investigations and inspections.--To determine compliance
     with this chapter, the department is authorized, during
     reasonable hours and upon reasonable notice, to make such
     reasonable inspections, conduct such reasonable tests or
     sampling or examine books, papers and records related
     specifically to any withdrawal under investigation pursuant to
     section 3118 (relating to water use registration and reporting)
     as it deems necessary.
        (d)  Water Resources Fund.--Fines and penalties collected
     under this chapter shall be paid into the State Treasury in a
     special fund known as the Water Resources Fund. This fund shall
     be administered by the department to carry out the purposes of
     this chapter.
        (e)  Use of other funds.--Money in the Clean Water Fund
     established by the act of June 22, 1937 (P.L.1987, No.394),
     known as The Clean Streams Law, may be used by the department
     for purposes of this chapter.
      § 3132.  Public nuisance.
        (a)  General rule.--A violation of this chapter or an order
     or regulation under this chapter shall constitute a public
     nuisance.
        (b)  Applicability of other law.--Nothing in this chapter
     shall be construed as affecting the application of 18 Pa.C.S. §
     5101 (relating to obstructing administration of law or other
     governmental function).
      § 3133.  Enforcement orders.
        (a)  Issuance.--The department may issue orders necessary to
     aid in the enforcement of this chapter. An order may be issued
     if the department finds that a person is in violation of this
     chapter or of a regulation issued under this chapter. The
     department may, in its order, require compliance with terms and
     conditions necessary to effect the purposes of this chapter.
        (b)  Effective date.--An order issued under this section
     shall take effect upon notice unless the order specifies
     otherwise.
        (c)  Other remedies preserved.--The right of the department
     to issue an order under this section is in addition to any
     penalty which may be imposed or any other action taken under
     this chapter.
        (d)  Duty to comply.--It shall be the duty of any person to
     proceed diligently to comply with any order issued by the
     department under this section. If such person fails to proceed
     diligently or fails to comply with the order within such time,
     if any, which may be specified in the order, the person shall be
     guilty of contempt and shall be punished by the court in an
     appropriate manner. For this purpose, application may be made by
     the department to the Commonwealth Court, which court is hereby
     granted jurisdiction.
      § 3134.  Civil remedies.
        (a)  Abatement of nuisances.--An activity or condition
     declared to be a public nuisance under section 3132 (relating to
     public nuisance) shall be restrained or prevented in the manner
     provided by law or equity for abatement of public nuisances, and
     the reasonable expense thereof may be recovered from the
     violator.
        (b)  Civil remedies.--The department may bring an action in
     any court of competent jurisdiction to restrain and abate the
     violation of this chapter or any regulation issued under this
     chapter. Any other provision of law to the contrary
     notwithstanding, the courts of common pleas and Commonwealth
     Court shall have jurisdiction of such actions, and venue in such
     actions shall be set forth in the Pennsylvania Rules of Civil
     Procedure concerning actions in assumpsit.
        (c)  Civil penalties.--In addition to proceeding under any
     other remedy available under this chapter for the violation of
     any provision of this chapter or any regulation or order issued
     under this chapter, the department may assess a civil penalty
     upon a person for such violation. The maximum civil penalty that
     may be assessed is $1,000 per day for each violation. Each
     violation of any provision of this chapter and each violation
     for each separate day shall constitute a separate and distinct
     offense. The civil penalty may be assessed whether or not the
     violation was willful or negligent. In determining the amount of
     a civil penalty, the department shall consider the degree of
     willfulness and duration of the violation, savings resulting to
     the person as the result of the violation, the damage to water
     resources of this Commonwealth resulting from the violation and
     other relevant factors. When the department proposes to assess a
     civil penalty, it shall inform the person of the proposed amount
     of such penalty. The person charged with the civil penalty shall
     then have 30 days to pay the proposed penalty in full or, if the
     person wishes to contest either the amount of the penalty or the
     fact of the violation, the person shall within the 30-day period
     file an appeal of the action with the Environmental Hearing
     Board. Failure to appeal within the 30-day period shall result
     in a waiver of all legal rights to contest the violation and the
     amount of the civil penalty.
        (d)  Remedies to be concurrent.--The remedies prescribed in
     this chapter shall be deemed concurrent, and the existence or
     exercise of any remedy shall not prevent the department from
     exercising any other remedy under this chapter, at law or in
     equity.
      § 3135.   Preservation of rights and remedies.
        (a)  Other remedies.--The collection of a penalty under this
     chapter shall not be construed as estopping the Commonwealth, a
     municipality or an authorized agency from proceeding in courts
     of law or equity to abate public nuisances under existing law.
        (b)  Remedies additional and cumulative.--It is declared to
     be the purpose of this section to provide additional and
     cumulative remedies to protect the public interest in the water
     resources of this Commonwealth.
        (c)  Pending suits.--This chapter does not apply to suits
     instituted prior to its effective date.
      § 3136.  Relation to other laws.
        (a)  Limitations upon department.--Nothing contained in this
     chapter shall be construed to authorize, diminish or expand the
     existing authority of the department, including the
     Environmental Quality Board, to regulate, control or require
     permits for the withdrawal or use of water. Nothing contained in
     this chapter shall be construed to authorize, diminish or expand
     the existing authority of the department under the act of June
     22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.
     Further, nothing set forth in this chapter, any regulations
     adopted under this chapter or in the State water plan shall
     authorize the department to take any action to:
            (1)  Modify or impair any permits, agreements or other
        approvals issued under other State statutes or vested rights
        related to water withdrawals or uses.
            (2)  Interfere with or impose additional conditions upon
        the use or operation of any existing reservoir or water
        storage facility.
            (3)  Regulate or impose any conditions upon any activity
        or use not currently authorized under applicable State
        statutes and regulations.
        (b)  Limitations on water allocation authority.--The General
     Assembly reiterates the declarations of other statutes
     reflecting the need to manage water resources on a watershed
     basis without respect to political boundaries and the
     understanding that water management programs should be based
     upon an accurate and current State water plan. Accordingly, no
     political subdivision shall have any power to allocate water
     resources or to regulate the location, amount, timing, terms or
     conditions of any water withdrawal by any person.
        (c)  Limitations on municipalities.--Nothing in subsection
     (b) shall affect the power of any municipality to adopt and
     enforce ordinances pursuant to 35 Pa.C.S. Pt. V (relating to
     emergency management services) or regulate the use of land
     pursuant to the Pennsylvania Municipalities Planning Code or
     other laws. Further, each municipality shall retain and may
     exercise such authority as conferred by other statutes to adopt
     ordinances and regulations concerning:
            (1)  mandatory connection to and use of available public
        water supplies; and
            (2)  the prohibition or regulation of withdrawals from
        particular sources of water that may be contaminated in order
        to protect public health and safety from exposure to the
        contamination or avoid the induced migration of the
        contamination.
        (d)  Limitations relating to compacts.--Nothing in this
     chapter shall be construed to supersede or abrogate any
     provisions of the act of July 7, 1961 (P.L.518, No.268), known
     as the Delaware River Basin Compact, or the act of July 17, 1968
     (P.L.368, No.181), referred to as the Susquehanna River Basin
     Compact Law, and this chapter shall be construed in pari materia
     with such compacts.
        Section 3.  Repeals are as follows:
            (1)  The act of May 20, 1993 (P.L.38, No.11), known as
        the Department of Environmental Resources Agricultural
        Advisory Board Act, is repealed.
            (2)  All acts and parts of acts are repealed insofar as
        they are inconsistent with the addition of 27 Pa.C.S. Ch. 31.
        Section 4.  The addition of 27 Pa.C.S. Ch. 7 is a
     continuation of the act of May 20, 1993 (P.L.38, No.11), known
     as the Department of Environmental Resources Agricultural
     Advisory Board Act. The following apply:
            (1)  Except as otherwise provided in 27 Pa.C.S. Ch. 7,
        all activities initiated under the Department of
        Environmental Resources Agricultural Advisory Board Act shall
        continue and remain in full force and effect and may be
        completed under 27 Pa.C.S. Ch. 7. Orders, regulations, rules
        and decisions which were made under the Department of
        Environmental Resources Agricultural Advisory Board Act and
        which are in effect on the effective date of section 3 of
        this act shall remain in full force and effect until revoked,
        vacated or modified under 27 Pa.C.S. Ch. 7.
            (2)  Except as set forth in paragraph (3), any difference
        in language between 27 Pa.C.S. Ch. 7 and the Department of
        Environmental Resources Agricultural Advisory Act is intended
        only to conform to the style of the Pennsylvania Consolidated
        Statutes and is not intended to change or affect the
        legislative intent, judicial construction or administration
        and implementation of the Department of Environmental
        Resources Agricultural Advisory Board Act.
            (3)  Paragraph (2) does not apply to the addition of 27
        Pa.C.S. § 702(b) and (c).
        Section 5.  This act shall take effect as follows:
            (1)  This section shall take effect immediately.
            (2)  The following provisions shall take effect in 60
        days:
                (i)  The addition of 27 Pa.C.S. Ch. 7.
                (ii)  Section 3(1) of this act.
                (iii)  Section 4 of this act.
            (3)  The remainder of this act shall take effect in 90
        days.

     APPROVED--The 16th day of December, A. D. 2002.

     MARK S. SCHWEIKER