Regular Session 2021-2022 House Bill 2020 P.N. 2704

PRINTER'S NO. 2704

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2020

Session of

2022

INTRODUCED BY SCHLEGEL CULVER, QUINN, GUENST, MADDEN, SAPPEY,

MILLARD, HENNESSEY, THOMAS, LONGIETTI, PICKETT, O'MARA,

STEPHENS, BOBACK, MENTZER, STRUZZI, RADER, CIRESI, GILLESPIE,

TWARDZIK, STAATS, OWLETT, ZIMMERMAN, HEFFLEY, BROOKS, SCHMITT

AND R. BROWN, FEBRUARY 3, 2022

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

FEBRUARY 3, 2022

AN ACT

Amending Title 27 (Environmental Resources) of the Pennsylvania

Consolidated Statutes, in environmental stewardship and

watershed protection, further providing for legislative

findings, for fund and for agencies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. This act shall be known and may be cited as the

Growing Greener III Act.

Section 2. Sections 6102, 6104(b) and (d) and 6105 of Title

27 of the Pennsylvania Consolidated Statutes are amended to

read:

§ 6102. Legislative findings.

The General Assembly hereby determines, declares and finds as

follows:

[(1) Ninety-six percent of the water-quality-impaired

watersheds in this Commonwealth are polluted because of

nonpoint sources of pollution such as past mining activities,

urban and agricultural runoff, atmospheric deposition, on-lot

sewage systems and earthmoving.

(2) The Commonwealth continues to have unmet needs in

the area of water and sewer infrastructure. New and improved

water sources, treatment and distribution systems are

necessary for public drinking water supplies.

(3) The Commonwealth owns approximately 2.4 million

acres of State park and State forest lands and many of these

lands suffer from past environmental problems, including

unreclaimed mines, acid mine drainage and abandoned oil and

gas wells.

(4) Open space, greenways, recreational trails, river

corridors, fish and wildlife habitats, parks and recreation

areas and scenic environments protect the environment,

conserve natural resources and add value to communities.

(5) State programs and State funding should provide

maximum flexibility for elected county and municipal

governmental officials to identify, prioritize and address

local environmental concerns, including odor abatement

problems at sewage treatment plants.]

(1) As stated in section 27 of Article I of the

Constitution of Pennsylvania:

The people have a right to clean air, pure water and to

the preservation of the natural, scenic, historic and

esthetic values of the environment. Pennsylvania's public

natural resources are the common property of all the

people, including generations yet to come. As trustee of

these resources, the Commonwealth shall conserve and

maintain them for the benefit of all the people.

(2) The Commonwealth has an obligation to provide

20220HB2020PN2704 - 2 -

greater investments to conserve land and water resources,

restore damaged waterways and land, and create prosperous and

sustainable communities.

(3) Clean water is vital:

(i) to the continued economic growth of this

Commonwealth;

(ii) to support tourism, agriculture, industry,

power generation and recreation;

(iii) for drinking water supplies; and

(iv) to protect public health and aquatic life.

(4) This Commonwealth continues to have water and sewer

infrastructure needs. New and improved water sources,

treatment and distribution systems are necessary for public

drinking water supplies.

(5) As noted in the Commonwealth's award-winning 2014-

2019 Pennsylvania Statewide Comprehensive Outdoor Recreation

Plan, our 5,600 local parks and recreation areas are the most

frequently visited recreational asset in this Commonwealth,

but most need additional funding to address aging

infrastructure, deferred maintenance and limited capacity to

carry out programs and services.

(6) The Commonwealth owns approximately 2.5 million

acres of State park and State forest lands. Our State park

system has estimated that many of these parks have

environmental projects and infrastructure and deferred

maintenance needs, such as dams, roads, bridges, water and

wastewater treatment facilities, buildings and boat launches.

(7) Conservation of public and private forest lands is a

cost-effective method for protecting water quality. Forest

lands function as a reserve of clean water for this

20220HB2020PN2704 - 3 -

Commonwealth, including municipalities that rely on public

water supplies drawn from water resources on public and

private forested properties. Forest lands act as groundwater

recharge areas, protect surface water quality, reduce soil

erosion, enhance fish and wildlife habitats and provide

opportunities for fishing, boating, hunting and trapping.

(8) Abandoned mines remain across 189,000 acres in 43

counties and cause issues in the streams into which they

discharge.

(9) More than 2,000 working farms remain on county

waiting lists to be preserved for continued agricultural use.

(10) Open space, greenways, recreational trails, river

corridors, fish and wildlife habitats, parks and recreation

areas and scenic environments protect the environment,

conserve natural resources and add quality-of-life value that

attracts jobs, is essential to Pennsylvania outdoor

recreation and tourism industries and improves public health.

(11) State programs and State funding should provide

opportunity and flexibility for elected county and municipal

government officials and authorized organizations to

identify, prioritize and address local environmental

concerns.

§ 6104. Fund.

* * *

(b) Sources.--

(1) Money appropriated by the General Assembly, interest

earned by the fund, penalties, money received from the

Federal Government or other sources and money received from

the fee established under section 6112(b) (relating to

extension of fees) shall be deposited in the fund. Moneys

20220HB2020PN2704 - 4 -

appropriated by the General Assembly to the fund shall be

transferred on a quarterly basis in increments of at least

20%.

(2) For fiscal years 1999-2000 through 2003-2004, the

fund may receive money, upon approval of the Governor, from

the Recycling Fund and the Hazardous Sites Cleanup Fund. The

combined total of appropriations from these two funds for the

program shall not exceed $30,000,000 annually.

(3) It is the intent of the General Assembly that

$100,000,000 per fiscal year be appropriated from the General

Fund for fiscal years 2000-2001 through 2003-2004 to the

fund. The Governor's annual budget submission for fiscal

years 2000-2001 through 2003-2004 shall include the sum of

$100,000,000 per fiscal year for allocation in accordance

with this section.

(4) For fiscal year 2021-2022, the fund shall be

appropriated $500,000,000 from money received by the

Commonwealth from the Federal Government under the American

Rescue Plan Act of 2021 (Public Law 117-2, 135 Stat. 4).

* * *

(d) Allocation.--The money appropriated in subsection (c)

shall be allocated annually as follows:

(1) For fiscal year 1999-2000, 28.4% to the Department

of Conservation and Natural Resources, 43.7% to the

Department of Environmental Protection and 27.9% to the

authority.

(2) For fiscal years 2000-2001 through 2003-2004, 24.1%

to the Department of Conservation and Natural Resources,

37.4% to the Department of Environmental Protection, 14.8% to

the Department of Agriculture and 23.7% to the authority.

20220HB2020PN2704 - 5 -

(3) For fiscal year 2004-2005, moneys in the fund shall

be allocated in accordance with paragraph (1).

(4) For fiscal year 2005-2006, up to $20,000,000 of the

moneys in the fund shall be deposited into the Hazardous

Sites Cleanup Fund and the remaining moneys shall be

allocated in accordance with paragraph (2).

(5) For fiscal year 2006-2007, up to $30,000,000 of the

moneys in the fund shall be deposited into the Hazardous

Sites Cleanup Fund and the remaining moneys shall be

allocated in accordance with paragraph (2).

(6) For fiscal [year 2007-2008 and each year

thereafter,] years 2017-2018 through 2020-2021, moneys in the

fund shall be allocated in accordance with paragraph (2).

(7) For fiscal year 2021-2022 and each year thereafter,

moneys in the fund shall be allocated as follows:

(i) Forty-five percent to the Department of

Conservation and Natural Resources, which shall use the

allocation as follows:

(A) Twenty percent for grants for projects of

which the recipient is a county or other

municipality, council of governments, conservation

district or authorized organization.

(B) Five percent for land trust projects.

located within the watershed of the Susquehanna River

and its tributaries.

(ii) Forty percent to the Department of

Environmental Protection, whic h shall use at least 40% of

its funds for projects and programs within the watershed

of the Susquehanna River and its tributaries.

20220HB2020PN2704 - 6 -

(iii) Fifteen percent to the Department of

Agriculture, which shall use the allocation as follows:

(A) At least 30% for grants to authorized

organizations to preserve farmland.

(B) At least 50% for projects and programs

located within the watershed of the Susquehanna River

and its tributaries.

* * *

§ 6105. Agencies.

(a) The Department of Conservation and Natural Resources.--

(1) The Department of Conservation and Natural Resources

shall utilize money it receives from the fund for the

following purposes:

(i) To rehabilitate, repair and develop State park

and State forest lands and facilities and the acquisition

of [interior] lands [within] for State parks and State

forests.

(ii) To provide grants to a county or other

municipality, council of governments, conservation

districts and authorized organizations for the purpose of

planning, education, acquisition, development,

rehabilitation and repair of greenways, recreational

trails, including connections between trails, open space,

natural areas, river corridors and access to riverfronts,

watersheds, community [and heritage] parks and recreation

facilities; community conservation and beautification

projects; forest conservation[;], including conser vation

of forested riparian buffers; heritage areas and other

conservation and recreation purposes. Grants under this

paragraph may not be used by an authorized organization

20220HB2020PN2704 - 7 -

for land acquisition unless the authorized organization

obtains the approval of all counties in which the land is

situated. Grant moneys may also be used for the

acquisition of farmland for the purposes set forth in

this paragraph.

(iii) To provide grants to a county or other

municipality and authorized organizations for the purpose

of research, planning, inventories and technical

assistance intended to protect and conserve the

biological diversity of this Commonwealth.

(2) The Department of Conservation and Natural Resources

may require matching funds as a condition of the award of a

grant under this subsection.

(b) The Department of Environmental Protection.--

(1) The Department of Environmental Protection shall

utilize money it receives from the fund for the following

purposes:

(i) To implement acid mine drainage abatement and

cleanup efforts and abandoned mine land cleanup efforts

and plug abandoned and orphan oil and gas wells.

(ii) To provide funding for technical assistance and

financial incentives to facilitate remining.

(iii) To provide grants to a county or other

municipality, council of governments, county conservation

districts, watershed organizations and other authorized

organizations for acid mine drainage abatement and

cleanup, mine and mine land cleanup efforts and well

plugging.

(iv) To provide grants and technical assistance to a

county or other municipality, council of governments,

20220HB2020PN2704 - 8 -

county conservation districts, watershed organizations

and other authorized organizations to plan and implement

local watershed-based conservation efforts.

(v) To improve water-quality-impaired watersheds,

including those polluted by past mining activities,

agricultural and urban runoff, atmospheric deposition,

on-lot sewage systems and earthmoving activities.

(vii) For watershed protection.

(viii) For the reduction of nonpoint source

pollution and protection of local drinking water supplies

through grants to watershed organizations and other

authorized organizations, the creation of forested and

other vegetative stream buffers and watershed restoration

efforts, including reducing runoff from agriculture,

construction, waste disposal and abandoned mine and mine

land sites.

(ix) For grants to characterize, remediate or

eliminate environmental hazards at abandoned industrial

properties or brownfields and to promote economic

development by facilitating the return of these

properties to productive use.

(x) For nonstructural floodplain management and

mitigation measures to minimize flood damage, reclaim and

restore the quality of floodplains, remove obstacles and

improve the natural functions of stream channels.

(xi) For grants to municipalities and municipal

authorities to design and build projects and implement

best management practices, with an emphasis on green

infrastructure, in order to implement Municipal Separate

Storm Sewer System (MS4) plans or that count toward the

20220HB2020PN2704 - 9 -

reductions identified in the Pennsylvania Integrated

Water Quality Monitoring and Assessment Report, implement

Total Maximum Daily Load Plans or the Chesapeake Bay

Total Maximum Daily Load requirements.

(xii) For funding to participating county

conservation districts to assist the owners of farms and

other properties in protecting local water quality and

improving the soil, water and air through the

installation and maintenance of best maintenance

practices.

(xiii) For grant purposes enumerated in section

902(a) of the act of October 18, 1988 (P.L.756, No.108),

known as the Hazardous Sites Cleanup Act, not to exceed

more than 10% of the funds distributed under section

6104(d)(7)(ii).

(2) County conservation districts may further distribute

grants received under this section to watershed organizations

and other authorized organizations to assist in the

implementation of this chapter.

(3) The Department of Environmental Protection may

require matching funds as a condition of the award of a grant

under this subsection.

(4) For the period commencing with the effective date of

this chapter and ending June 30, 2004, the Department of

Environmental Protection may utilize up to 10% of the money

allocated annually to it under section 6104(d) (relating to

fund) to provide grants for safe drinking water projects and

wastewater treatment projects. Grants under this paragraph

shall be made for the same purposes and shall be subject to

the same limitations as grants authorized in former section

20220HB2020PN2704 - 10 -

6110 (relating to environmental infrastructure grants to

water and wastewater treatment facilities).

Department of Agriculture under this chapter shall be [deposited

in the] used for the following purposes:

(1) For counties to preserve farmland through the

Agricultural Conservation Easement Purchase Fund [and are]

subject to the provisions of the act of June 30, 1981

(P.L.128, No.43), known as the Agricultural Area Security

Law.

(2) For grants to authorized organizations to preserve

farmland through the acquisition of conservation easements

conforming with section 170(h) of the Internal Revenue Code

of 1986 (Public Law 99-514, 26 U.S.C. § 170(h)).

(3) For projects and programs under section 6104(d)(7)

(iii)(B).

(d) The authority.--The authority shall utilize money it

receives from the fund to provide financial assistance in the

form of grants and matching grants for storm water, water and

sewer infrastructure projects, including construction or

rehabilitation of collection and conveyance systems. The

authority shall develop criteria to be used to award grants

under this subsection. The criteria and proposed changes thereto

shall be submitted to the Environmental Resources and Energy

Committee of the Senate and the Environmental Resources and

Energy Committee of the House of Representatives for review and

comment. The committees shall have 60 days to submit comments to

the authority. Criteria shall be reviewed by the authority and

the committees at least once every three years.

(e) Administrative expense limitation.--The departments,

20220HB2020PN2704 - 11 -

commissions and the authority may not expend more than 2.5% of

the moneys received from the fund on administrative expenses.

The Department of Environmental Protection may not expend more

than an aggregate of 2.5% of the moneys received from the fund

and the moneys directed to the Hazardous Sites Cleanup Fund

pursuant to section 6104(d)(4) and (5) on administrative

expenses. Grant recipients that receive moneys from the fund for

the purposes set forth in this section may not expend more than

5% of the moneys received from the fund on administrative

expenses.

(f) Expenditure limitation.--No moneys made available

through the fund shall be used for any purpose which, directly

or indirectly, precludes access to or use of any forested land

for the practice of sustainable forestry and commercial

production of timber or other forest products. This subsection

shall not apply to funds used [by the Department of Conservation

and Natural Resources, counties or municipalities] for the

purchase or improvement of park land to be used for public

recreation.

(g) Regulations.--The departments, the commissions and the

authority may promulgate regulations necessary to carry out the

purposes of this chapter.

Section 3. This act shall take effect in 60 days.

20220HB2020PN2704 - 12 -