PRINTER'S NO. 730
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
724
Session of
2015
INTRODUCED BY VOGEL, GREENLEAF, SCARNATI AND WARD,
APRIL 14, 2015
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 14, 2015
AN ACT
Providing for the creation of a watershed improvement program,
for establishment of a verified TMDL parameter credit
program, for the powers and duties of the Department of
Environmental Protection and the Pennsylvania Infrastructure
Investment Authority.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Watershed
Improvement Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Environmental Quality Board.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Fund." The Watershed Improvement Fund established under
section 5.
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"PENNVEST." The Pennsylvania Infrastructure Investment
Authority.
"Permittee." An individual, partnership, corporation,
association, institution, municipality or public authority or
cooperative enterprise that discharges or releases a TMDL
parameter to surface or ground waters of this Commonwealth. The
term does not include a person engaged in agricultural
production, as defined in section 3 of the act of June 30, 1981
(P.L.128, No.43), known as the Agricultural Area Security Law.
"Program." The Watershed Improvement Program.
"Sediment." Soils or other erodible materials transported by
storm water as a product of erosion.
"TMDL." Total maximum daily load.
"TMDL parameter." Pollutant that has been identified as the
cause of nonattainment of water quality standards and for which
a TMDL has been developed to set allowable loading targets.
"Unmet TMDL parameter." Total outstanding permittee
requirements, going forward three years, issued by the
department.
"Verified TMDL parameter credit." A unit of pollutant load
reduction for a TMDL parameter achieved through a pollutant
reduction activity approved by the department as a verified
reduction based upon an approved verification plan.
"Water year." The 12-month period beginning October 1 of
each calendar year.
Section 3. Watershed Improvement Program.
(a) Establishment.--The Watershed Improvement Program is
established. The program shall provide for the purchase of
department-verified TMDL parameter credits through a competitive
process consistent with 62 Pa.C.S. Pt.1 (relating to
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Commonwealth Procurement Code) and any other process determined
to be appropriate by the department and PENNVEST.
(b) Powers and duties.--The department and PENNVEST shall
administer the program and take any actions necessary to
effectuate the purposes of this act.
(c) Contracts with TMDL parameter credit sellers.--
(1) The following shall apply:
(i) The department shall, beginning with the water
year in which this subsection takes effect and the next
two water years, publish a notice of the unmet TMDL
requirements in the Pennsylvania Bulletin.
(ii) No later than 60 days following publication of
the notice under subparagraph (i), PENNVEST shall issue,
in consultation with the department, a request for
proposals under 62 Pa.C.S. Pt. I for purchase of long-
term verified TMDL parameter credits in order to meet the
unmet TMDL parameter for those water years included in
the notice. A long-term verified TMDL parameter credit
under this subparagraph must be at least 10 years.
(2) The department, in consultation with PENNVEST, shall
determine the conditions or evaluation factors applicable to
the procurement and purchase of verified TMDL parameter
credits to best achieve cost-effective water quality
improvements within the watershed defined by the TMDL. The
conditions or evaluation factors shall include, but not be
limited to, cost, environmental benefits and whether multiple
TMDL parameters would be met.
(3) Within 30 days following the date for submission of
responses to the request for proposals, the department and
PENNVEST shall determine the cost for purchase of each long-
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term individual verified TMDL parameter credit included in
the request for proposals and shall publish a notice of the
cost in the Pennsylvania Bulletin.
Section 4. Voluntary options for compliance.
(a) Voluntary compliance opt-in.--The department shall
establish a voluntary TMDL parameter permit compliance program
to allow permittees and other buyers to elect to comply with
TMDL parameter permit requirements by agreeing to make payments
to the fund for the requisite number of verified TMDL parameter
credits obtained under section 3 needed in order to meet permit
requirements.
(b) Payment amounts.--Payment amounts under subsection (a)
shall be based on the cost determination made under section 3(c)
(3) as published in the Pennsylvania Bulletin.
(c) Election to opt in.--A permittee shall have 30 days
following publication of the notice under section 3(c)(3) to
notify the department of the permittee's election to opt in to
the voluntary TMDL parameter permit compliance program or
proceed with an alternative compliance method under subsection
(e).
(d) Offset.--Verified TMDL parameter credits obtained under
subsection (a) shall be deemed by the department to satisfy
applicable waste water and storm water TMDL parameter permitting
requirements.
(e) Alternative compliance.--A permittee which elects not to
opt in to the voluntary TMDL parameter compliance program under
subsection (a) shall, as part of the permittee's wastewater or
storm water permitting process, demonstrate to the department
the cost-effectiveness of the alternative TMDL compliance method
selected in comparison with other alternatives, including opting
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in to the voluntary TMDL parameter permit compliance program
under subsection (a) and as part of the permittee's review under
the act of January 24, 1966 (1965 P.L.1535, No.537), known as
the Pennsylvania Sewage Facilities Act and the act of October 4,
1978 (P.L.864, No.167), known as the Storm Water Management Act.
Section 5. Watershed Improvement Fund.
(a) Establishment.--The Watershed Improvement Fund is
created within the State Treasury as a special fund.
(b) Deposits.--The following shall be deposited into the
fund:
(1) Any appropriation made to the fund.
(2) Any other Federal or State appropriation or other
money determined by the department, in consultation with the
Governor's Office of the Budget, to be available for the
program.
(3) Any money received from a permittee under section 4.
(c) Use.--Money in the fund shall be used by PENNVEST for
the purchase of verified TMDL parameter credits under section 3.
Section 6. Regulations.
The board may promulgate regulations to carry out the
provisions of this act.
Section 7. Effective date.
This act shall take effect in 30 days.
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