THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SONNEY, MILLER, QUINN, BARBIN, D. COSTA, FABRIZIO, GEIST, GEORGE, GRELL, HALUSKA, HARKINS, MILLARD, MILNE, ROCK, YOUNGBLOOD AND DeLUCA, AUGUST 10, 2011

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, AUGUST 10, 2011  

AN ACT

Amending the act of December 7, 1990 (P.L.639, No.165), entitled

"An act establishing a Statewide hazardous material safety

program; creating the Hazardous Material Response Fund;

providing for the creation of Hazardous Material Emergency

Response Accounts in each county; further providing for the

powers and duties of the Pennsylvania Emergency Management

Agency, of the Pennsylvania Emergency Management Council and

of the counties and local governments; imposing obligations

on certain handlers of hazardous materials; and imposing

penalties," further providing for facility insurance.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 302 and 305 of the act of December 7,

1990 (P.L.639, No.165), known as the Hazardous Material

Emergency Planning and Response Act, are amended to read:

Section 302.  Penalties and fines.

(a) Civil penalty.--

(1)  A person [who violates] is subject to a civil

penalty under paragraph (2) if the person does any of the

following:

(i)  Violates any of the emergency reporting,

planning or notification requirements of, or fails to pay

the fees outlined in, sections 201 through 207 or any

regulations promulgated under those sections [shall be

subject to a civil penalty of].

(ii)  Fails to maintain insurance under section

305(a).

(2)  The amount of the penalty shall be not less than

$1,000 and not more than $25,000.  Each day of continuing

violation shall be considered a separate offense.

(b)  Misdemeanor.--A person who:

(1)  Knowingly and willfully fails to report the release

of a hazardous substance or extremely hazardous substance as

required by sections 205 and 206 commits a misdemeanor of the

third degree and shall, upon conviction, be sentenced to pay

a fine of not less than $1,000 and not more than $2,500 for

each separate offense or imprisonment in the county jail for

a period of not more than one year, or both.  For the purpose

of this paragraph, each day of continued violation

constitutes a separate offense.

(2)  Intentionally obstructs or impairs, by force,

violence, physical interference or obstacle, a representative

of PEMA, a certified hazardous material response team or the

local committee attempting to perform the duties and

functions set forth in section 211 commits a misdemeanor of

the second degree and shall, upon conviction, be sentenced to

pay a fine of not less than $1,000 and not more than $5,000

for each separate offense or imprisonment in the county jail

for a period of not more than two years, or both.

(c)  Disposition.--One half of all civil penalties and fines

collected under this section shall be deposited into the

Hazardous Material Response Fund and one-half shall be deposited

into the appropriate county Hazardous Material Emergency

Response Account.

Section 305.  Facility insurance.

(a)  Requirement.--A person that owns or operates a facility

in this Commonwealth shall maintain appropriate comprehensive

insurance for liability which:

(1)  arises out of the release of hazardous material; and

(2)  is for:

(i)  wrongful death;

(ii)  personal injury;

(iii)  property damage; or

(iv)  damage to the environment.

(b)  Discount.--A facility that complies with the emergency

reporting requirements of section 205(a), (b) and (c), as

applicable to that facility, may receive a discount from that

facility's insurance company as that insurance company loss

experience justifies.

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