PRINTER'S NO. 1846
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
20
Session of
2017
INTRODUCED BY STURLA, SCHLOSSBERG, PASHINSKI, McNEILL, O'BRIEN
AND FRANKEL, MAY 25, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MAY 25, 2017
AN ACT
Providing for registration of extraordinary nonagriculture and
nonmunicipal water users; imposing a water resource fee;
establishing the Water Use Fund; and providing for submission
of a question to the electorate authorizing incurring of
indebtedness for water-related environmental initiatives.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Section 103. Scope.
Chapter 3. Water Resource Protection
Section 301. Registration.
Section 302. Water resource fee.
Section 303. Distribution of water resource fees.
Chapter 5. Watershed Protection Bonds
Section 501. Authorization to incur indebtedness.
Section 502. Certification.
Section 503. Question to electorate.
Section 504. Referendum procedure.
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Section 505. Use of proceeds.
Chapter 7. Miscellaneous Provisions
Section 701. Regulations.
Section 702. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Pennsylvania
Water Resource Act.
Section 102. 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:
"Consume." Remove water from the waters of this Commonwealth
and not return it to the natural source.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Extraordinary water user." A person that withdraws more
than 10,000 gallons of water per day from the waters of this
Commonwealth for the purpose of for-profit business. The term
does not include withdrawals made by a community water system or
a noncommunity water system regulated by the department under
the act of May 1, 1984 (P.L.206, No.43), known as the
Pennsylvania Safe Drinking Water Act.
"Fund." The Water Use Fund established under section 303.
"Groundwater or surface water source." A river, stream,
brook, lake, body of water or aquifer located in this
Commonwealth.
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"PENNVEST." The Pennsylvania Infrastructure Investment
Authority established under the act of March 1, 1988 (P.L.82,
No.16), known as the Pennsylvania Infrastructure Investment
Authority Act.
"Returned." Put water back into the waters of this
Commonwealth, whether the water is diminished in quality or not.
"Watersheds." The Delaware, Erie, Ohio, Potomac, Susquehanna
and Genesee watersheds.
"Withdraw" or "withdrawal." The removal, diversion or taking
of water from a groundwater or surface water source.
Section 103. Scope.
This act applies to extraordinary nonagricultural and
nonmunicipal water withdrawals by for-profit businesses.
CHAPTER 3
WATER RESOURCE PROTECTION
Section 301. Registration.
(a) General rule.--No extraordinary water user may withdraw
water from a groundwater or surface water source for a
nonagricultural or nonmunicipal purpose without filing a
registration document with the department.
(b) Registration document.--The registration document shall
be submitted on a form prepared by the department and shall set
forth all of the following:
(1) The name and mailing address of the applicant.
(2) The name, if any, and location of the water source.
(3) The type of water source.
(4) The point in the water source from which the user
proposes to withdraw the water.
(5) The name, location and acreage of the lands or other
application for which the water is to be withdrawn.
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(6) The location and description of the water well,
canal, tunnel or piping and other works or equipment through
which the water is to be withdrawn.
(7) The amount, in gallons, of water withdrawn on an
average day of operation during the preceding year and the
number of days during the preceding year when water was
withdrawn.
(8) The total amount, in gallons, of water estimated to
be withdrawn and the periods of time when the withdrawal is
scheduled during the current year.
(9) The location, means and expected condition of any
water returned to the waterways of this Commonwealth.
Section 302. Water resource fee.
(a) Fee.--An extraordinary water user shall pay to the
Commonwealth the following fees:
(1) for water withdrawn and subsequently returned to the
water source, a water resource fee of $0.0001 per gallon for
water withdrawals greater than 10,000 gallons per day for
nonagricultural or nonmunicipal purposes; and
(2) for water withdrawn and consumed, a water resource
fee of $0.001 per gallon for water consumption greater than
10,000 gallons per day for nonagricultural or nonmunicipal
purposes.
(b) Water consumption calculation.--For purposes of
calculating the fee under subsection (a)(2), the following
apply:
(1) for those extraordinary water users that measure
water use by meter, the difference between the values of
daily withdrawn water and daily returned water shall be
reported as the amount consumed; and
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(2) for those extraordinary water users that do not
measure metered withdrawn and returned water, or due to
evaporation or method of use find it impossible to accurately
measure water consumed, the amount consumed shall be based on
the department's consumptive use coefficients. The department
shall determine which extraordinary water users are subject
to this paragraph and shall develop coefficients for those
users.
(c) Coordination with other fees.--The fees, if any, paid by
an extraordinary water user under the act of July 7, 1961
(P.L.518, No.268), known as the Delaware River Basin Compact,
and the act of July 17, 1968 (P.L.368, No.181), referred to as
the Susquehanna River Basin Compact Law, to the Susquehanna
River Basin Commission or the Delaware River Basin Commission,
at the rates set on the effective date of this act, shall be
subtracted from fees owed under this section.
Section 303. Distribution of water resource fees.
(a) Establishment of Water Use Fund.--The Water Use Fund is
established in the State Treasury.
(b) Distribution.--The fees collected under section 302
shall be paid into the fund. The fund shall be distributed as
follows:
(1) Thirty million dollars to the department for water-
related programs and activities with any remainder for
general government operations.
(2) Twenty-five million dollars to the Department of
Conservation and Natural Resources for water-related programs
and activities with any remainder for general government
operations.
(3) Five million dollars to the Pennsylvania Fish and
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Boat Commission for water-related programs and activities
with any remainder for general government operations.
(4) Five million dollars to the Department of
Agriculture for water-related programs and activities with
any remainder for general government operations.
(5) The remainder of the fund to PENNVEST, which shall
distribute the remainder under section 505 or use the
remainder to service the debt for any bonds issued under
Chapter 5.
CHAPTER 5
WATERSHED PROTECTION BONDS
Section 501. Authorization to incur indebtedness.
Pursuant to the provisions of section 7(a)(3) of Article VIII
of the Constitution of Pennsylvania, PENNVEST may submit the
question of a bond issuance in the amount of up to
$3,000,000,000 for the protection of watersheds, water
resources, water environments, fresh water sources, the
furthering of water conservation and other water-related
environmental initiatives to the electors at the next election
in the year that PENNVEST decides to issue bonds.
Section 502. Certification.
The Secretary of the Commonwealth shall certify the question
to the county board of elections.
Section 503. Question to electorate.
The question under section 501 shall be in the following
form:
Do you favor authorizing the Commonwealth to incur an
indebtedness of up to $ , to be repaid using
funds generated under the act of (P.L. , No. ),
known as the Pennsylvania Water Resource Act, for the
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issuance of bonds for the maintenance and protection of
watersheds, water resources, the furthering of water
conservation and other water-related environmental
initiatives?
Section 504. Referendum procedure.
The referendum shall be conducted in accordance with the act
of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
Election Code, except that:
(1) the requirements for advertising or notice related
to the question are waived;
(2) the requirements for a statement under section 201.1
of the Pennsylvania Election Code are waived; and
(3) the authority of the Secretary of the Commonwealth
to determine the form of the question is abrogated.
Section 505. Use of proceeds.
Proceeds of the borrowing shall be used for the maintenance
and the protection of watersheds, water resources, water
environments, fresh water sources, the furthering of water
conservation and other water-related environmental initiatives
and shall be allocated to the watersheds named in this act based
on the percentage of fees generated under section 302 in each
watershed respectively.
CHAPTER 7
MISCELLANEOUS PROVISIONS
Section 701. Regulations.
The department shall promulgate rules and regulations as
needed to administer and enforce this act.
Section 702. Effective date.
This act shall take effect in 60 days.
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