PRINTER'S NO. 2500

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2153

Session of

2021

INTRODUCED BY BOBACK, RYAN, T. DAVIS, RIGBY, LONGIETTI, MILLARD,

C. WILLIAMS, QUINN AND MIZGORSKI, DECEMBER 10, 2021

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 27 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

Sec.

3301. Scope of chapter.

3302. Findings and declarations.

The General Assembly finds and declares as follows:

(1) The rivers and streams in this Commonwealth provide

an abundance of fresh water that support the settlement,

growth and industrialization of this Commonwealth.

(2) Almost one-third of the waters in this Commonwealth

do not meet safety standards for humans or fish.

(3) Poor water quality in this Commonwealth adversely

impacts this Commonwealth's environment, human health,

drinking water supplies, recreational enjoyment and

opportunities and economic and commercial businesses and jobs

that depend on good water quality.

management practices far exceeds currently available public

and private funds.

(6) Improving water quality will improve drinking water

supplies and recreational and related commercial

opportunities as well as create jobs and promote economic

growth in this Commonwealth.

(7) Local governments throughout this Commonwealth have

struggled to fund the projects and efforts required under the

Federal mandate for Municipal Separate Storm Sewer Systems

(MS4s).

context clearly indicates otherwise:

"Best management practice" or "BMP." A practice or

combination of practices determined by the commission or by the

Natural Resources Conservation Service of the United States

Department of Agriculture to be effective and practical,

considering technological, economic and institutional factors,

to manage nutrient and sediment to protect surface water and

groundwater.

"Commission." The State Conservation Commission established

under the act of May 15, 1945 (P.L.547, No.217), known as the

Conservation District Law.

"Fund." The Municipal Storm Water Assistance Fund

established under section 3304(a) (relating to Municipal Storm

Water Assistance Fund).

"Groundwater." Water that is located within the saturated

zone below the water table and is available to supply wells and

springs.

"Nutrient." Nitrogen or phosphorous.

"Nutrient or sediment pollution reduction." A reduction in a

nitrogen, phosphorus or sediment pollution load discharged to

surface water or groundwater that can be directly quantified or

pollution reduction, in pounds per year, achieved by

implementing a best management practice.

"Program." T he Municipal Storm Water Assistance Program

established under section 3305(a) (relating to Municipal Storm

Water Assistance Program).

"Sediment." Soil or another erodible material transported by

water, wind or other means as a product of erosion.

"Storm water." Drainage runoff from the surface of the land

resulting from precipitation or snow or ice melt.

"Surface water." Perennial and intermittent streams, rivers,

lakes, reservoirs, ponds, wetlands, springs, natural seeps and

Fund is established in the State Treasury.

(b) Deposits.--The following shall be deposited into the

fund under subsection (a):

(1) Money appropriated for purposes of the fund.

(2) Federal money appropriated or authorized for

purposes of the fund.

(3) Money received from another governmental agency

through an interagency agreement or memorandum of

understanding.

(4) A gift or other contribution from a public or

refunds.

(c) Nonreversion.--Any money remaining in the fund,

including interest at the end of each fiscal year, shall not

revert to the General Fund but shall remain in the fund.

(d) Status of fund.--The fund shall not be subject to 42

Pa.C.S. Ch. 37 Subch. C (relating to judicial computer system).

(e) Appropriation.--For fiscal year 2021-2022, the sum of

$300,000,000 is hereby appropriated from Federal money available

to the Commonwealth under the American Rescue Plan Act of 2021

(Public Law 117-2, 135 Stat. 4) to the fund.

§ 3305. Municipal Storm Water Assistance Program.

(3) Federal money appropriated or authorized for

purposes of the program.

(4) Money received from another governmental agency

through an interagency agreement or memorandum of

understanding and directed to the program.

(5) A gift or other contribution from a public or

private source and directed to the program.

(6) Return on money dedicated for the program, including

interest on loans, investment interest or refunds.

(c) Powers and duties of department.--The department shall:

(i) Planning for storm water management under the

act of October 4, 1978 (P.L.864, No.167), known as the

Storm Water Management Act.

(ii) Implementation of projects pursuant to a

Pollution Reduction Plan as part of a National Pollutant

Discharge Elimination System (NPDES) Permit for

Stormwater Discharges from Municipal Separate Storm Sewer

Systems (MS4s).

(2) Adopt performance standards for administration and

oversight of the program and procedures for public

participation in the development and revision of the project

including any of the following:

(i) Projects that are part of a multimunicipal

regional storm water plan or integrated water resources

plan.

(ii) Projects with a perpetual easement protecting

the implemented practice, where applicable.

(iii) Projects with a contract for long-term

maintenance of the implemented project.

(iv) Projects that utilize geographic information

systems or other targeting techniques to identify cost-

(vi) Projects located in an environmental justice

area as designated by the department.

(vii) Projects that will provide multiple benefits,

such as filtering toxic pollutants or mitigating

flooding.

(5) Annually assess the program and produce a report

that describes the numbers and types of projects funded, the

names and locations of projects and description of each

project and the amount of funding provided, the number of

applications received, the benefits that have resulted and

are expected to result, other measures taken by the

Senate.

(ii) The chairperson and minority chairperson of the

Environmental Resources and Energy Committee of the House

of Representatives.

(iii) The chairperson and minority chairperson of

the Urban Affairs and Housing Committee of the Senate.

(iv) The chairperson and minority chairperson of the

Urban Affairs Committee of the House of Representatives.

(v) The chairperson and minority chairperson of the

Local Government Committee of the Senate.

(6) Create a system for collecting and reporting of

collected data on funded practices to governmental agencies,

in a manner consistent with criteria established under

Federal and State law.

(d) Administration expenses.--The department may dedicate no

more than 5% of available program funds for expenses incurred in

administration of the program by the department.