THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PILEGGI, M. WHITE, MUSTO, RAFFERTY, COSTA, ERICKSON, EARLL, BROWNE, TARTAGLIONE, YAW, TOMLINSON, WOZNIAK, FARNESE, BRUBAKER AND WARD, FEBRUARY 26, 2010

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, MAY 24, 2010   

AN ACT

Amending the act of January 8, 1960 (1959 P.L.2119, No.787),

entitled, as amended, "An act to provide for the better

protection of the health, general welfare and property of the

people of the Commonwealth by the control, abatement,

reduction and prevention of the pollution of the air by

smokes, dusts, fumes, gases, odors, mists, vapors, pollens

and similar matter, or any combination thereof; imposing

certain powers and duties on the Department of Environmental

Resources, the Environmental Quality Board and the

Environmental Hearing Board; establishing procedures for the

protection of health and public safety during emergency

conditions; creating a stationary air contamination source

permit system; providing additional remedies for abating air

pollution; reserving powers to local political subdivisions,

and defining the relationship between this act and the

ordinances, resolutions and regulations of counties, cities,

boroughs, towns and townships; imposing penalties for

violation of this act; and providing for the power to enjoin

violations of this act; and conferring upon persons aggrieved

certain rights and remedies," further providing for

disposition of fees, fines and civil penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9.2 of the act of January 8, 1960 (1959

P.L.2119, No.787), known as the Air Pollution Control Act,

amended July 9, 1992 (P.L.460, No.95), is amended to read:

Section 9.2.  Disposition of Fees, Fines and Civil

Penalties.--(a)  [All] Except as provided under subsection

(a.1), all fines, civil penalties and fees collected under this

act shall be paid into the Treasury of the Commonwealth in a

special fund known as the Clean Air Fund, hereby established,

which, along with interest earned, shall be administered by the

department for use in the elimination of air pollution. The

department may establish such separate accounts as may be

necessary or appropriate to implement the requirements of this

act and the Clean Air Act. The board shall adopt rules and

regulations for the management and use of the money in the fund.

(a.1)  Notwithstanding subsection (a), when an incident

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results in the imposition of a fine or civil penalty, twenty-

five per centum (25%) of the fine or civil penalty collected

shall be returned by the department to the municipality in which

the violation occurred to be used solely for environmental

projects. If the costs or damages exceed twenty-five per centum

(25%) of the fine or penalty, the department may award

additional money from the fine or civil penalty to the

municipality.

(a.2)  When the department proposes to assess a civil penalty

for a violation of this act, the department shall notify the

municipality in which the violation occurred within forty-eight

(48) hours of the assessment.

(a.1)  The following shall apply:

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(1)  If an incident results in the imposition of a fine or

civil penalty of at least fifty thousand dollars ($50,000),

twenty-five per centum (25%) of the fine or civil penalty

collected shall be returned by the department to the

municipality in which the violation occurred to be used for

projects that eliminate or reduce air pollution or for parks,

recreation projects, trails or open space.

(2)  The department shall notify the municipality in which

the violation occurred of the imposition of the fine or civil

penalty under subsection (a) within five (5) business days after

the expiration of the right to file an appeal of the fine or

civil penalty or after all appeals of the fine or civil penalty

have been exhausted.

(3)  Within one hundred and eighty (180) days of the

department's notification of the municipality under clause (2),

the municipality shall submit a project proposal to the

department for review and approval.

(4)  Upon approval of the project, the department shall

release twenty-five per centum (25%) of the fine or civil

penalty collected to the municipality. If the cost of the

project exceeds twenty-five per centum (25%) of the fine or

civil penalty, the department may award additional money from

the fine or civil penalty to the municipality.

(5)  If all fines and civil penalties deposited into the

Clean Air Fund are less than one million, eight hundred fifty

thousand dollars ($1,850,000) for the previous fiscal year,

clause (1) shall not apply for the current fiscal year.

(6)  If the United States Environmental Protection Agency and

the department jointly prosecute a violation of the Clean Air

Act, this act or regulation adopted under this act, the fines

and penalties collected shall not be subject to this subsection

and subsection (a.2).

(a.2)  Within five (5) business days of imposition of a fine

or civil penalty under this act, the department shall notify the

municipality in which the violation occurred of the violation.

(b)  The Clean Air Fund may be supplemented by appropriations

from the General Assembly, the Federal, State or local

government or any private source.

(c)  The Clean Air Fund shall not be subject to 42 Pa.C.S.

Ch. 37 Subch. C (relating to judicial computer system).

Section 2.  This act shall take effect in 60 days.