PRINTER'S NO. 188
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
221
Session of
2019
INTRODUCED BY HUGHES, FONTANA, BREWSTER, YUDICHAK, SANTARSIERO,
COSTA, FARNESE, TARTAGLIONE, KEARNEY AND SCHWANK,
FEBRUARY 5, 2019
REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT,
FEBRUARY 5, 2019
AN ACT
Establishing the Lead Remediation and Abatement Superfund; and
providing for powers and duties of the Commonwealth Financing
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 Lead
Remediation and Abatement 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:
"Authority." The Commonwealth Financing Authority.
"Eligible entity." Any of the following, for which tests
have shown elevated lead contamination levels:
(1) A school district.
(2) A charter school.
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(3) A child day care center that is licensed by the
Department of Human Services under Article X of the act of
June 13, 1967 (P.L.31, No.21), known as the Human Services
Code.
(4) A public housing authority.
(5) A municipality.
(6) An owner of a hazardous site.
"Lead remediation or abatement." The term includes, but is
not limited to, the following:
(1) Replacing lead or copper lead-solder pipes.
(2) Removing lead paint.
(3) Painting over lead paint.
(4) Burying lead-positive soil.
(5) Removing lead-positive soil.
(6) Any other method that the Department of
Environmental Protection determines is generally accepted as
a method to remediate or abate lead.
"Superfund." The Lead Remediation and Abatement Superfund
established under section 5.
Section 3. Bonds.
(a) Limit.--The authority may incur indebtedness under this
section in an amount up to $500,000,000 plus the payment of
reasonable costs and expenses related to the issuance of
indebtedness in accordance with 64 Pa.C.S. Ch. 15 (relating to
Commonwealth Financing Authority) for not more than 30 years.
(b) Use.--Proceeds of bonds issued under this section shall
be used for the purposes of this act.
(c) Final maturity.--Bonds may not have a final maturity in
excess of 30 years from the date of issuance.
(d) Deposit of bond proceeds.--Funds received from the
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issuance of bonds shall be deposited into the superfund.
Section 4. Debt service.
Payments on the principal of bond funds received by the
authority shall be paid from the general revenues of the
Commonwealth collected under Article II of the act of March 4,
1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
Section 5. Lead Remediation and Abatement Superfund.
(a) Establishment.--The Lead Remediation and Abatement
Superfund is established as a restricted account within the
State Treasury.
(b) Additional funding.--The fund may:
(1) Accept Federal funds granted by an act of Congress
or by executive order for any of the purposes of this act.
(2) Accept an appropriation from the Commonwealth.
(3) Accept a gift donation or bequest for any purpose of
this act.
Section 6. Applications, review and use of funds.
(a) Use.--Money in the superfund shall be awarded by the
authority to an eligible entity for the remediation or abatement
of lead in public buildings or at hazardous sites.
(b) Application.--The authority shall develop an application
process.
(c) Contents of application.--The authority shall determine
the application requirements. The application shall require the
eligible entity to submit estimates of the cost to remediate or
abate lead.
(d) Review and approval.--The authority shall accept
applications for funding from eligible entities. The authority
shall review the purpose for which the eligible entity plans to
use the funding and determine whether or not the purpose is in
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the public interest or reduces the risk to children of exposure
to lead. If the authority determines an eligible entity does not
meet the requirements for funding, the authority shall not
approve funding for the eligible entity. An eligible entity who
is denied funding by the authority may reapply.
(e) Use of funds.--Funds may be used by an eligible entity
to remediate or abate lead in any of the following:
(1) A school building.
(2) A day care.
(3) A public housing building or unit.
(4) A building or structure owned by a municipality that
is open to the public and where children may be located.
(5) A private home, if the municipality has a program
designed to assist residents with lead remediation or
abatement. Funding may not be given by the authority directly
to a private homeowner.
(6) A hazardous site.
(7) Any other building or structure the authority deems
in the public interest or reduces the risk to children of
exposure to lead.
Section 7. Awards.
(a) Grant awards.--If an application submitted to the
authority under section 6 is approved, the authority shall award
a grant to the eligible entity. Grants shall be awarded on a
first-come, first-served basis.
(b) Limitation.--The following limitations shall apply:
(1) The authority may not award grants in excess of the
amount available in the superfund.
(2) The authority may not award a grant in excess of the
amount detailed in an eligible entity's application for
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funding.
(3) The authority may not award one eligible entity more
than 10% of the amount available in the superfund.
(4) An eligible entity may not use more than 2% of the
funding the eligible entity receives under this act for
administrative costs.
(c) Reporting.--An eligible entity that receives funding
shall provide a full accounting of the use of the funds to the
authority within 90 days of completion of the lead remediation
or abatement. The authority may specify information required to
fulfill the full accounting requirements under this subsection.
If an eligible entity fails to provide a full accounting, the
eligible entity shall not be eligible for additional funding
until the required full accounting is completed.
Section 8. Effective date.
This act shall take effect July 1, 2019, or immediately,
whichever is later.
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