THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SWANGER, BEAR, BEYER, BOYD, CLYMER, FLECK, GINGRICH, HARPER, KORTZ, MAJOR, MELIO, MURT, MUSTIO, SEIP, STERN, THOMAS AND VULAKOVICH, MARCH 3, 2009

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 3, 2009  

AN ACT

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

amended, "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,"

adding a definition; and further providing for Underground

Storage Tank Indemnification Fund, 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.  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 by adding a definition 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:

* * *

"Board."  The Underground Storage Tank Indemnification Board

established in section 703.

* * *

Section 2.  Section 704(b) of the act is amended by adding a

paragraph to read:

Section 704.  Underground Storage Tank Indemnification Fund.

* * *

(b)  Limit of payments to owners or operators.--

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(5)  (i)  For any claim under this section where

eligibility was determined or payment was made prior to

December 13, 2001, the board may, in Fiscal Year

2008-2009, award an additional amount of up to $500,000

per occurrence to previously approved claimants who

reached the $1,000,000 payment limit in effect prior to

December 13, 2001.

(ii)  The total of all awards made under this

paragraph shall not exceed $3,500,000.

* * *

Section 3.  Sections 710(b.2) and 711(a) of the act, amended

June 30, 2007 (P.L.66, No.20), are amended to read:

Section 710.  Underground Storage Tank Environmental Cleanup

Program.

* * *

(b.2)  Additional allocation.--

(1)  No more than $500,000 of the annual allocation for

the Underground Storage Tank Environmental Cleanup Program

may be used for costs of corrective action to assist owners

of underground storage tanks with a capacity of 3,000 gallons

or less used for storing heating oil for consumption on the

premises where stored. Payments made for eligible releases

shall be limited in amount to the actual costs of corrective

action or to $5,000, whichever is less. The amount allowed

shall be subject to a $1,000 deductible which shall be paid

first by the claimant. The board may promulgate regulations

to carry out the provisions of this subsection.

(2)  This subsection shall expire June 30, 2010. On or

before that date, the board shall make a report to the

General Assembly with recommendations.

* * *

Section 711.  Underground Storage Tank Pollution Prevention

Program.

(a)  Establishment.--The board is hereby authorized to

establish an Underground Storage Tank Pollution Prevention

Program for the purpose of reimbursing eligible owners, as

defined in subsection (d), for the costs of removing regulated

substances from and sealing the fill pipes of underground

storage tanks [which have not been upgraded] to comply with the

technical requirements of Federal and State regulations. The

board shall establish guidelines for eligible expenses and

procedures for reimbursement from the Underground Storage Tank

Indemnification Fund.

* * *

Section 4.  This act shall take effect in 60 days.