1Amending the act of March 1, 1988 (P.L.82, No.16), entitled "An
2act providing for the establishment, implementation and
3administration of the Pennsylvania Infrastructure Investment
4Authority; imposing powers and duties on a board of trustees;
5transferring the rights, powers, duties and obligations of
6the Water Facilities Loan Board to the Pennsylvania
7Infrastructure Investment Authority; providing for the
8issuance of notes and bonds; providing for financial
9assistance and for a comprehensive water facilities plan;
10authorizing a referendum to incur indebtedness; making an
11appropriation; and making repeals," further providing for
12definitions, for financial assistance and for annual report.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. The definitions of "department," "project" and
16"secretary" in section 3 of the act of March 1, 1988 (P.L.82,
17No.16), known as the Pennsylvania Infrastructure Investment
18Authority Act, amended July 14, 2005 (P.L.299, No.51), are
19amended <-and the section is amended by adding a definition to
20read:

21Section 3. Definitions.

22The following words and phrases when used in this act shall

1have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3* * *

4"Department." The Department of Environmental [Resources]
5Protection of the Commonwealth.

6* * *

7"Project." The eligible costs associated with the
8acquisition, construction, improvement, expansion, extension,
9repair, rehabilitation or security measures of all or part of
10any facility or system, whether publicly or[, in the case of
11paragraph (1) or (2),] privately owned:

12(1) for the collection, treatment or disposal of
13wastewater, including industrial waste;

14(2) for the supply, treatment, storage or distribution
15of drinking water;

16(3) for the control of <-point source pollution associated 
17with storm water, which may include, but need not be limited
18to, the transport, storage and the infiltration of storm
19water; or

20(4) for the best management practices to address [point 
21or] nonpoint source<-] pollution [associated with storm water 
22runoff or any other<-] including innovative techniques 
<-23developed to comply with the act of June 22, 1937 (P.L.1987, 
24No.394), known as The Clean Streams Law, or identified in the 
25county-prepared watershed plans pursuant to the act of 
26October 4, 1978 (P.L.864, No.167), known as the Storm Water 
27Management Act<-] or as identified in Pennsylvania's Nonpoint 
28Source Management Program Update, as required under section 
29319(b) of the Federal Water Pollution Control Act (62 Stat. 
301155, 33 U.S.C. § 1329(b)).

1"Secretary." The Secretary of Environmental [Resources]
2Protection of the Commonwealth.

3* * *

<-4"Urban runoff." Storm water from areas defined as developed
5in a county comprehensive plan prepared in accordance with the
6act of July 31, 1968 (P.L.805, No.247), known as the
7Pennsylvania Municipalities Planning Code.

8* * *

9Section 2. Section 10(b.1), (d) and (j) of the act, amended
10or added December 16, 1992 (P.L.1137, No.149), are amended <-and 
11the section is amended by adding a subsection to read:

12Section 10. Financial assistance.

13* * *

14(b.1) Storm water projects.--

15(1) [In the case of storm water projects, only a
16governmental unit may qualify for financial assistance under
17this act<-] (Reserved).

18(2) [A storm water project] <-A storm water project 
19designed to manage urban runoff shall be eligible for funding 
20if: <-Subject to paragraph (4), a storm water project designed 
21to manage storm water runoff shall be eligible for funding if 
22any of the following are applicable:

23(i) <-it the project is located within a watershed for
24which a county has [not] adopted a watershed storm water
25management plan and <-the municipality has adopted
26ordinances required to implement the plan[,<-] as required
27by the Storm Water Management Act[, shall be ineligible
28for financial assistance under this act, except that:

29(i) a storm water project within a watershed which
30includes land in more than one county and for which the

1department has required that a joint plan for the entire
2watershed be submitted by the affected counties shall be
3ineligible for financial assistance under this act only
4if the county in which the project is located is found to
5have failed to cooperate in the development of the joint
6plan; and

7(ii) a storm water] <-or as required by the National 
8Pollutant Discharge Elimination System storm water 
9permitting requirements;

10(ii) the project is specifically designed to
11maintain and/or improve existing water quality and to
12comply with the <-[National Pollutant Discharge Elimination
13System (NPDES)<-] act of June 22, 1937 (P.L.1987, No.394), 
14known as The Clean Streams Law, or storm water permitting
15requirements [shall be eligible for financial support
16under this act.

17This paragraph shall not apply to a]; or

18(iii) the project is located in a municipality which
19has enacted a storm water management ordinance that
20requires land owners and any person engaged in the
21alteration or development of land to implement measures
22to ensure that the maximum rate<-, volume and quality of
23storm water runoff is no greater after the development
24than prior to development activities [or<-] and to manage
25the quantity, velocity and direction of resulting storm
26water runoff in a manner which otherwise adequately
27protects the health and property of residents from
28possible injury<-] as required by the Storm Water
29Management Act <-or The Clean Streams Law.

30[(3)] (2) A storm water project <-designed to manage urban 

1runoff located within a municipality which is not
2implementing ordinances pursuant to a county-prepared and
3department-approved watershed plan <-developed pursuant to the 
4Storm Water Management Act shall be ineligible.<-]

<-5(3) A project designed to manage storm water that is not
6considered urban runoff shall be considered a nonpoint source
7project and must be consistent with Pennsylvania's Nonpoint
8Source Management Program Update as required under section
9319(b) of the Federal Water Pollution Control Act (62 Stat.
101155, 33 U.S.C. § 1329(b)).

<-11(4) A storm water project to be undertaken by an entity
12other than a municipality shall comply with all of the
13following:

14(i) the project shall be in compliance with
15ordinances, policies and plans adopted by the
16municipality where the project is located; and

17(ii) the project shall be approved by other impacted
18municipalities as required by the board.

19(b.2) Nonpoint source management program projects.--A
20project that is consistent with Pennsylvania's Nonpoint Source
21Management Program Update, as required under section 319(b) of
22the Federal Water Pollution Control Act (62 Stat. 1155, 33
23U.S.C. § 1329(b)) that has a water quality benefit as determined
24by the department, shall be eligible for funding.

25* * *

26(d) Small projects.--

27(1) The board shall establish a program of assistance to
28water supply and sewage disposal systems serving communities
29with a population of 12,000 people or less or systems having
30hookups of 1,000 or less.

1(2) The board shall establish a program to financially
2assist storm water projects [by] for municipalities with a
3population of 12,000 people or less. In addition to other
4factors which the board in its discretion may consider in
5assigning priorities under this program, preference shall be
6given where the [municipality [undertaking] <-community in 
7which impacted by the project <-is located:

8(i) has no natural watercourse within its
9boundaries;

10(ii) relies on methods of storm water control which
11do not comply with Federal or State rules, regulations or
12standards; or

13(iii) has been found to be subject to karst sinkhole
14development or other geologic condition which poses a
15danger to person or property and which may be aggravated
16by uncontrolled storm water flows.

17* * *

18(j) Continuing education of operators.--No agreement with
19individuals or entities shall be valid in the absence of an
20agreement by the individuals or entities seeking assistance
21under this act to assure that the system operators are
22participating or will participate in continuing education
23programs developed by the [Department of Environmental
24Resources] department. If the board determines that the system
25operator of a system receiving assistance is not participating
26in continuing education programs, the board shall take all steps
27necessary to cease all financial assistance and recover all
28prior payments, including, but not limited to, the immediate
29repayment of any outstanding loans and interest and any grants.
30The provisions of this subsection shall not apply to cases where

1financial assistance is provided for storm water projects.

2* * *

3Section 3. Section 13 of the act is amended to read:

4Section 13. Annual report.

5The board shall provide the Governor and the General Assembly
6with an annual report detailing all projects funded under
7section 10. Each annual report shall be published and maintained 
8on the authority's publicly accessible Internet website and may 
9be submitted to the Governor and General Assembly by electronic 
10mail.

11Section 4. This act shall take effect immediately.