PRIOR PRINTER'S NO. 546 | PRINTER'S NO. 1456 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 308 | Session of 2013 |
INTRODUCED BY SAYLOR, AUMENT, BAKER, CUTLER, DENLINGER, EVANKOVICH, GINGRICH, GODSHALL, GROVE, C. HARRIS, HICKERNELL, KAUFFMAN, F. KELLER, KORTZ, MARSHALL, MATZIE, MILLER, MOUL, PICKETT, ROCK, SIMMONS, SWANGER, WATSON, PEIFER, MURT AND JAMES, FEBRUARY 5, 2013
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 10, 2013
AN ACT
1Amending the act of January 8, 1960 (1959 P.L.2119, No.787),
2entitled, as amended, "An act to provide for the better
3protection of the health, general welfare and property of the
4people of the Commonwealth by the control, abatement,
5reduction and prevention of the pollution of the air by
6smokes, dusts, fumes, gases, odors, mists, vapors, pollens
7and similar matter, or any combination thereof; imposing
8certain powers and duties on the Department of Environmental
9Resources, the Environmental Quality Board and the
10Environmental Hearing Board; establishing procedures for the
11protection of health and public safety during emergency
12conditions; creating a stationary air contamination source
13permit system; providing additional remedies for abating air
14pollution; reserving powers to local political subdivisions,
15and defining the relationship between this act and the
16ordinances, resolutions and regulations of counties, cities,
17boroughs, towns and townships; imposing penalties for
18violation of this act; and providing for the power to enjoin
19violations of this act; and conferring upon persons aggrieved
20certain rights and remedies," further providing for
21definitions and for disposition of fees, fines and civil
22penalties; establishing the Keystone Vehicle Program; and
23making editorial changes.
24The General Assembly of the Commonwealth of Pennsylvania
25hereby enacts as follows:
26Section 1. Section 3 of the act of January 8, 1960 (1959
1P.L.2119, No.787), known as the Air Pollution Control Act,
2amended July 9, 1992 (P.L.460, No.95), is amended to read:
3Section 3. Definitions.--The following words and phrases,
4when used in this act, unless the context clearly indicates
5otherwise, shall have the meaning ascribed to them in this
6section:
7"Administrator." The Administrator of the United States
8Environmental Protection Agency.
9"Air contaminant." Smoke, dust, fume, gas, odor, mist,
10radioactive substance, vapor, pollen or any combination thereof.
11"Air contamination." The presence in the outdoor atmosphere
12of an air contaminant which contributes to any condition of air
13pollution.
14"Air contamination source." Any place, facility or
15equipment, stationary or mobile, at, from or by reason of which
16there is emitted into the outdoor atmosphere any air
17contaminant.
18"Air pollution." The presence in the outdoor atmosphere of
19any form of contaminant, including, but not limited to, the
20discharging from stacks, chimneys, openings, buildings,
21structures, open fires, vehicles, processes or any other source
22of any smoke, soot, fly ash, dust, cinders, dirt, noxious or
23obnoxious acids, fumes, oxides, gases, vapors, odors, toxic,
24hazardous or radioactive substances, waste or any other matter
25in such place, manner or concentration inimical or which may be
26inimical to the public health, safety or welfare or which is or
27may be injurious to human, plant or animal life or to property
28or which unreasonably interferes with the comfortable enjoyment
29of life or property.
30"Applicant." A company which meets the eligibility
1requirements for a Keystone Vehicle Grant.
2"Approved air pollution control agency." An air pollution
3control agency of any political subdivision of the Commonwealth
4which has been granted approval by the Environmental Quality
5Board.
6"Board" or "EQB." The Environmental Quality Board.
7"Clean Air Act." Public Law 95-95 as amended, 42 U.S.C. §
87401 et seq.
9"Company." An entity doing business in this Commonwealth
10which owns five or more vehicles and which is subject to tax
11under Article III, IV or VI of the act of March 4, 1971 (P.L.6,
12No.2), known as the Tax Reform Code of 1971. The term includes
13the shareholder of a Pennsylvania S corporation that is eligible
14for a Keystone Vehicle Grant.
15"Conversion plan." A natural gas conversion plan.
16"Dedicated compressed natural gas vehicle." A new vehicle
17that operates on ninety per centum (90%) or more compressed
18natural gas fuel and ten per centum (10%) or less on gasoline or
19diesel fuel.
20"Dedicated liquefied natural gas vehicle." A new vehicle
21that operates on ninety per centum (90%) or more liquefied
22natural gas fuel and ten per centum (10%) or less on gasoline or
23diesel fuel.
24"Department." The Department of Environmental [Resources]
25Protection of the Commonwealth.
26"Environmental Protection Agency" or "EPA." The United
27States Environmental Protection Agency or the Administrator of
28the United States Environmental Protection Agency.
29"Fleet vehicle." A vehicle registered to a company.
30"Gasoline-dispensing facility." A facility from which
1gasoline is transferred to motor vehicle fuel tanks.
2"Hearing board." The Environmental Hearing Board.
3"Incremental cost." The excess cost of a new natural gas
4motor vehicle over the price for a gasoline or diesel fuel motor
5vehicle of the same or similar model.
6"Keystone Vehicle Grant." A grant awarded under section
714.2.
8"Natural gas conversion plan." A company's plan to convert
9their vehicle fleet to compressed or liquid natural gas-fueled
10vehicles by purchasing new natural gas motor vehicles.
11"New natural gas motor vehicle." Any of the following:
12(1) A dedicated compressed natural gas vehicle.
13(2) A dedicated liquefied natural gas vehicle.
14"Person." Any individual, public or private corporation for
15profit or not for profit, association, partnership, firm, trust,
16estate, department, board, bureau or agency of the Commonwealth
17or the Federal Government, political subdivision, municipality,
18district, authority or any other legal entity whatsoever which
19is recognized by law as the subject of rights and duties.
20"Plan approval." The written approval from the Department of
21Environmental Resources which authorizes a person to construct,
22assemble, install or modify any stationary air contamination
23source or install thereon any air pollution control equipment or
24device.
25"Region." Any geographical subdivision of the Commonwealth
26whose boundaries shall be determined by the Environmental
27Quality Board.
28"Secretary." The Secretary of Environmental Protection of
29the Commonwealth.
30"Small business stationary source." A stationary source
1that:
2(1) is owned or operated by a person that employs one
3hundred (100) or fewer individuals;
4(2) is a small business as defined in the Small Business Act
5(Public Law 85-536, 15 U.S.C. § 78a et seq.);
6(3) is not a major stationary source;
7(4) does not emit fifty (50) tons per year of any regulated
8pollutant; and
9(5) emits less than seventy-five (75) tons per year of all
10regulated pollutants.
11"Start date." The date on which a company will begin a
12company's conversion plan to natural gas motor vehicles.
13"State implementation plan." The plan or plan revision that
14a state is authorized and required to submit under section 110
15of the Clean Air Act (Public Law 95-95 as amended, 42 U.S.C. §
167410) to provide for attainment of the national ambient air
17quality standards.
18"Stationary air contamination source." Any air contamination
19source other than that which, when operated, moves in a given
20direction under its own power.
21Section 2. Section 9.2(a) of the act, amended July 7, 2011
22(P.L.271, No.57), is amended to read:
23Section 9.2. Disposition of Fees, Fines and Civil
24Penalties.--(a) (1) Except as provided under <-clause (2) and
25subsection (a.1), [all] the following shall apply:
26(i) All fines, civil penalties and fees collected under this
27act shall be paid into the Treasury of the Commonwealth in a
28special fund known as the Clean Air Fund, hereby established,
29which, along with interest earned, shall be administered by the
30department for use in the elimination of air pollution.
1(ii) The department may establish such separate accounts as
2may be necessary or appropriate to implement the requirements of
3this act and the Clean Air Act.
4(iii) The board shall adopt rules and regulations for the
5management and use of the money in the fund.
6(2) Beginning in fiscal year <-2013-2014 2015-2016 through
7fiscal year <-2018-2019 2020-2021, six million dollars
8($6,000,000.00) of the amount of <-funds deposited in the gross
9receipts tax collected under Article XI of the act of March 4,
101971 (P.L.6, No.2), known as the Tax Reform Code of 1971, shall
11be transferred to the Clean Air Fund <-and the transferred funds
12shall annually be used for Keystone Vehicle Grants.
13* * *
14Section 3. The act is amended by adding sections to read:
15Section 14. Keystone Vehicle Program.--The Keystone Vehicle
16Program is established to award Keystone Vehicle Grants and
17shall be administered by the department in accordance with this
18act.
19Section 14.1. Keystone Vehicle Grants.--(a) In order to be
20eligible to receive a Keystone Vehicle Grant, a company must
21provide or demonstrate to the department the following:
22(1) A comprehensive natural gas conversion plan of fleet
23vehicles within four years of the start date which is
24financially viable and includes the construction and utilization
25of a natural gas fueling station in this Commonwealth or the use
26of an existing natural gas fueling station in this Commonwealth.
27(2) A statement of the projected usage of natural gas stated
28in gasoline gallon equivalents accompanied by the methodology
29utilized.
30(3) The intent to maintain operations in this Commonwealth
1for a period of not less than six (6) years from the start date.
2(4) Either:
3(i) an agreement between the applicant and a third-party
4natural gas fueling provider in this Commonwealth to supply
5natural gas fuel to the fleet if the Keystone Vehicle Grant is
6awarded; or
7(ii) a minimum fuel usage of 324,000 gasoline gallon
8equivalents per year or more. Fuel usage requirements may be met
9from a single applicant or multiple companies under a single
10application if:
11(A) The companies have an agreement to utilize a single
12natural gas fueling facility in this Commonwealth.
13(B) The companies demonstrate that the utilization of the
14single natural gas fueling facility would be at a minimum level
15of 324,000 gasoline gallon equivalents per year.
16(5) The majority of operations to be performed by the new
17natural gas motor vehicles purchased with the Keystone Vehicle
18Grant will be for any of the following:
19(i) The transportation of persons or goods from between
20points within this Commonwealth.
21(ii) The transportation of persons or goods from between
22points in this Commonwealth and points outside this
23Commonwealth.
24(iii) A combination of the operations under subparagraphs
25(i) and (ii).
26(6) All of the new natural gas motor vehicles purchased with
27the Keystone Vehicle Grant will be registered in this
28Commonwealth.
29(7) The company's start date will be no more than ninety
30(90) days following the receipt of a Keystone Vehicle Grant by
1the company.
2(b) The following shall constitute eligible vehicle types
3under the Keystone Vehicle Program:
4(1) Dedicated compressed natural gas vehicles having a gross
5vehicle weight rating of at least 33,000 pounds.
6(2) Dedicated liquefied natural gas vehicles having a gross
7vehicle weight rating of at least 33,000 pounds.
8Section 14.2. Application Process.--(a) A company must
9complete and submit to the department a Keystone Vehicle Program
10application.
11(b) The department shall review each application submitted
12under subsection (a) and may, in its sole discretion, approve a
13Keystone Vehicle Grant for eligible applicants. The department
14and the company whose application has been approved for a
15Keystone Vehicle Grant shall execute a commitment letter
16containing the following:
17(1) A description of the natural gas conversion plan which
18shall include a statement of the projected minimum yearly
19natural gas usage in terms of gasoline gallon equivalents.
20(2) The amount of private capital investment in the plan.
21(3) A signed statement that the company intends to complete
22its plan and remain in this Commonwealth for six (6) years from
23the start date.
24(4) Any other information as the department deems
25appropriate.
26(c) After a commitment letter has been signed by the
27Commonwealth and the company, the company shall receive a
28Keystone Vehicle Grant.
29Section 14.3. Keystone Vehicle Grant Funding and
30Limitations.--(a) The amount under section 9.2(a)(2) shall be
1transferred annually to fund the Keystone Vehicle Program.
2(b) A company that is approved to receive a Keystone Vehicle
3Grant shall use the funds to purchase new natural gas motor
4vehicles.
5(c) A company may receive a Keystone Vehicle Grant of up to
6fifty per centum (50%) of the incremental cost for new natural
7gas motor vehicles having a gross vehicle weight rating of at
8least 33,000 pounds. The incremental cost for vehicles shall be
9capped at fifty thousand dollars ($50,000.00).
10Section 14.4. Guidelines.--The department shall establish
11guidelines for the approval of applications under section 14.2.
12Section 14.5. Penalties.--(a) A company which receives a
13Keystone Vehicle Grant and fails to attain at least ninety per
14centum (90%) of the projected minimum yearly natural gas usage
15as stated in the commitment letter by the conclusion of the
16fourth year after the start date shall refund to the
17Commonwealth the total amount of the Keystone Vehicle Grant.
18(b) A company which receives a Keystone Vehicle Grant and
19fails to complete the natural gas conversion plan within four
20(4) years shall refund to the Commonwealth the total amount of
21the Keystone Vehicle Grant.
22(c) A company which receives a Keystone Vehicle Grant and
23fails to maintain registration in this Commonwealth of all new
24natural gas motor vehicles purchased with the Keystone Vehicle
25Grant for a minimum of six (6) years shall refund to the
26Commonwealth the total amount of the Keystone Vehicle Grant per
27new natural gas motor vehicle for each new natural gas motor
28vehicle that has not maintained registration in this
29Commonwealth.
30(d) If a company fails to meet the operations requirements
1under section 14.1(a)(5), the total amount of the Keystone
2Vehicle Grant shall be refunded to the Commonwealth.
3(e) (1) The department may waive the penalties under
4subsections (a), (b), (c) and (d) if it is determined that a
5company's natural gas conversion plan was not completed because
6of circumstances beyond the company's control, including natural
7disasters, unforeseen industry trends or a loss of a major
8supplier or market.
9(2) The company shall promptly notify the department of
10circumstances beyond its control which would delay completion of
11the plan.
12Section 14.6. Report to General Assembly.--Not later than
13June 1, 2015, and each June 1 thereafter, the department shall
14submit a report on the Keystone Vehicle Grants awarded under
15section 14.2. The report shall include the names of companies
16who utilized the Keystone Vehicle Grants as of the date of the
17report and the amount of Keystone Vehicle Grants approved. The
18report may include recommendations for changes in the
19calculation or administration of the Keystone Vehicle Program
20and other information as the department deems appropriate. The
21report shall be submitted to all of the following:
22(1) The chairman and minority chairman of the Appropriations
23Committee of the Senate.
24(2) The chairman and minority chairman of the Appropriations
25Committee of the House of Representatives.
26(3) The chairman and minority chairman of the Finance
27Committee of the Senate.
28(4) The chairman and minority chairman of the Finance
29Committee of the House of Representatives.
30Section 14.7. Regulations.--The secretary shall promulgate
1regulations necessary for the implementation and administration
2of the Keystone Vehicle Program.
3Section 4. Sections 14 and 15 of the act are renumbered to
4read:
5Section [14] 41. Severability.--The provisions of this act
6are severable and if any provision, sentence, clause, section or
7part thereof shall be held illegal, invalid, unconstitutional or
8inapplicable to any person or circumstances, such illegality,
9invalidity, unconstitutionality or inapplicability shall not
10affect or impair any of the remaining provisions, sentences,
11clauses, sections or parts of the ordinance or their application
12to him or to other persons and circumstances. It is hereby
13declared to be the legislative intent that this act would have
14been adopted if such illegal, invalid or unconstitutional
15provision, sentence, clause, section or part had not been
16included therein, and if the person or circumstances to which
17the ordinance or any part thereof is inapplicable had not
18specifically been exempted therefrom.
19Section [15] 42. Effective Date.--This act shall take effect
20immediately: Provided, however, That the rules and regulations
21promulgated pursuant to the provisions of this act shall be of
22no effect until one (1) year after the passage of this act.
23Section 5. The provisions of 25 Pa. Code § 143.1(a) are
24abrogated to the extent they are inconsistent with the
25following:
26(1) The amendment of sections 3 and 9.2 of the act.
27(2) The addition of sections 14, 14.1, 14.2, 14.3, 14.4,
2814.5, 14.6 and 14.7 of the act.
29Section 6. This act shall take effect in 60 days.