PRIOR PRINTER'S NO. 2167
PRINTER'S NO. 2556
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1533
Session of
2015
INTRODUCED BY RADER, McGINNIS, B. MILLER, ZIMMERMAN, GROVE, FEE
AND JOZWIAK, SEPTEMBER 8, 2015
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 18, 2015
AN ACT
Amending the act of July 28, 1988 (P.L.556, No.101), entitled
"An act providing for planning for the processing and
disposal of municipal waste; requiring counties to submit
plans for municipal waste management systems within their
boundaries; authorizing grants to counties and municipalities
for planning, resource recovery and recycling; imposing and
collecting fees; establishing certain rights for host
municipalities; requiring municipalities to implement
recycling programs; requiring Commonwealth agencies to
procure recycled materials; imposing duties; granting powers
to counties and municipalities; authorizing the Environmental
Quality Board to adopt regulations; authorizing the
Department of Environmental Resources to implement this act;
providing remedies; prescribing penalties; establishing a
fund; and making repeals," in recycling and waste reduction,
further providing for municipal implementation of recycling
programs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1501(a) of the act of July 28, 1988
(P.L.556, No.101), known as the Municipal Waste Planning,
Recycling and Waste Reduction Act, is amended to read:
SECTION 1. SECTION 1501(A) AND (B) OF THE ACT OF JULY 28,
1988 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE PLANNING,
RECYCLING AND WASTE REDUCTION ACT, ARE AMENDED AND THE SECTION
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IS AMENDED BY ADDING A SUBSECTION TO READ:
Section 1501. Municipal implementation of recycling programs.
(a) Large population.--[Within two years after the effective
date of this act, each] EXCEPT AS PROVIDED IN SUBSECTION (B.2),
A municipality other than a county that has a population of
10,000 or more people, and which has a population density of
more than 500 people per square mile, shall establish and
implement a source-separation and collection program for
recyclable materials in accordance with this section. Population
shall be determined by the most recent decennial census by the
UNITED STATES Bureau of the Census [of the United States
Department of Commerce].
(B) SMALL POPULATION.--[WITHIN THREE YEARS AFTER THE
EFFECTIVE DATE OF THIS ACT, EACH] EXCEPT AS PROVIDED IN
SUBSECTION (B.2), A MUNICIPALITY OTHER THAN A COUNTY THAT HAS A
POPULATION OF MORE THAN 5,000 PEOPLE BUT LESS THAN 10,000
PEOPLE[, AND WHICH] AND THAT HAS A POPULATION DENSITY OF MORE
THAN 300 PEOPLE PER SQUARE MILE[,] SHALL ESTABLISH AND IMPLEMENT
A SOURCE-SEPARATION AND COLLECTION PROGRAM FOR RECYCLABLE
MATERIALS IN ACCORDANCE WITH THIS SECTION. POPULATION SHALL BE
DETERMINED BASED ON THE MOST RECENT DECENNIAL CENSUS BY THE
UNITED STATES BUREAU OF THE CENSUS [OF THE UNITED STATES
DEPARTMENT OF COMMERCE].
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(B.2) LEAF WASTE.--A MUNICIPALITY OTHER THAN A COUNTY THAT
HAS A POPULATION OF MORE THAN 5,000 PEOPLE AND THAT HAS A
POPULATION DENSITY OF 500 OR FEWER PEOPLE PER SQUARE MILE SHALL
BE EXEMPT FROM ESTABLISHING A LEAF WASTE COLLECTION PROGRAM
PROVIDED THAT THE MUNICIPALITY HAS ENACTED AN ORDINANCE
PROHIBITING THE BURNING OF LEAF WASTE. IF A MUNICIPALITY HAS NOT
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ENACTED AN ORDINANCE PROHIBITING THE BURNING OF LEAF WASTE, THE
MUNICIPALITY SHALL BE SUBJECT TO THE REQUIREMENTS OF:
(1) SUBSECTION (A) IF IT HAS A POPULATION OF 10,000 OR
MORE PEOPLE; OR
(2) SUBSECTION (B) IF IS HAS A POPULATION OF MORE THAN
5,000 PEOPLE BUT LESS THAN 10,000 PEOPLE AND HAS A POPULATION
DENSITY OF MORE THAN 300 PEOPLE PER SQUARE MILE.
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Section 2. This act shall take effect in 60 days.
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