PRIOR PRINTER'S NO. 1025
PRINTER'S NO. 1106
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
832
Session of
2021
INTRODUCED BY YAW, MARTIN, LAUGHLIN, BARTOLOTTA, SCAVELLO,
YUDICHAK, GORDNER, COSTA, PITTMAN, BAKER, A. WILLIAMS AND
COMITTA, AUGUST 11, 2021
SENATOR YAW, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED,
SEPTEMBER 28, 2021
AN ACT
Amending Titles 3 (Agriculture) and 27 (Environmental Resources)
of the Pennsylvania Consolidated Statutes, in Conservation
Excellence Grant Program, further providing for criteria for
evaluation of applications; providing for nonpoint source
pollution reduction and establishing the Agriculture
Conservation Assistance Program, the Pennsylvania Clean Water
Procurement Program and the Municipal Storm Water Assistance
Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3107(2) of Title 3 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3107. Criteria for evaluation of applications.
In approving applications for eligible projects under the
program, the commission shall give priority to complete
applications based upon the following criteria:
* * *
(2) Priority practices as follows:
(i) Livestock exclusion fencing.
(ii) Stream-side buffers.
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(iii) Streambank restoration.
(iv) Barnyard and feedlot runoff abatement.
(v) Stream crossings.
(vi) Off-stream watering.
(vii) Manure storage facilities.
(viii) Nutrient management plans and manure
management plans.
(ix) Conservation plans or agricultural erosion and
sedimentation plans.
(x) Cover crops.
(xi) Remediation of legacy sediment that was:
(A) eroded from upland areas after the arrival
of early Pennsylvania settlers and during centuries
of intensive land use;
(B) deposited in valley bottoms along stream
corridors, burying presettlement streams,
floodplains, wetlands and valley bottoms; and
(C) altered and continues to impair the
hydrologic, biologic, aquatic, riparian and water
quality functions of presettlement and modern
environments .
(xii) Any other priority practices approved by the
commission.
* * *
Section 2. Title 27 is amended by adding a chapter to read:
CHAPTER 33
NONPOINT SOURCE POLLUTION REDUCTION
Sec.
3301. Scope of chapter.
3302. Findings and declarations.
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3303. Definitions.
3304. Clean Streams Fund.
3305. Agriculture Conservation Assistance Program.
3306. Pennsylvania Clean Water Procurement Program.
3307. Municipal Storm Water Assistance Program .
§ 3301. Scope of chapter.
This chapter relates to nonpoint source pollution reduction.
§ 3302. Findings and declarations.
The General Assembly finds and declares that:
(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 those waters do not meet safety
standards for humans or fish.
(3) Poor water quality in this Commonwealth adversely
impacts Pennsylvania's environment, human health, drinking
water supplies, recreational enjoyment and opportunities, and
economic and commercial businesses and jobs that depend on
good water quality.
(4) Poor water quality in Pennsylvania also adversely
impacts downstream waters in neighboring states, prompting
Federal scrutiny, oversight and litigation.
(5) The leading causes of local water quality impairment
are historic mining and agricultural activity.
(6) Best management practices are available to cost-
effectively mitigate the impacts of nonpoint source
pollution, but the cost to meaningfully implement them far
exceeds currently available public and private funds.
(7) Introduction of pay-for-success approaches will spur
further innovation and private investment.
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(8) 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.
§ 3303. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Aggregator." A person or entity that facilitates or
coordinates a best management practice implemented by another
person for nutrient or sediment reduction. The term includes an
agricultural or conservation business, educational institution
or nonprofit agricultural or conservation organization that:
(1) acts on behalf of farmers through a production
contract or cooperative membership; or
(2) administers a publicly or privately supported system
for implementation of a best management practice to reduce
nutrient or sediment pollution on a farm.
"Agricultural erosion and sediment control plan." A site-
specific plan identifying best management practices to minimize
accelerated erosion and sedimentation from agricultural runoff
required by 25 Pa. Code Ch. 102 (relating to erosion and
sediment control).
"Agricultural operation." The management and use of farming
resources for production of crops, livestock or poultry.
"Agriculturally impaired stream miles." Stream miles that
are designated impaired due to the identified source being
agriculture as defined by the most recent Pennsylvania
Integrated Water Quality Monitoring and Assessment Report by the
department.
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"Animal concentration area." The following:
(1) A barnyard, feedlot, loafing area, exercise lot or
other similar animal confinement area that will not maintain
a growing crop or where deposited manure nitrogen is in
excess of crop needs.
(2) The term does not include:
(i) An area managed as pastures or other cropland.
(ii) Pasture access ways, if they do not cause
direct flow of nutrients to surface water or groundwater.
"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.
"Chesapeake Bay Total Maximum Daily Load." The most current
Chesapeake Bay Total Maximum Daily Load for nitrogen, phosphorus
and sediment as established by the United States Environmental
Protection Agency.
"Commission." The State Conservation Commission established
under the act of May 15, 1945 (P.L.547, No.217), known as the
Conservation District Law.
"Conservation district." A county conservation district
established under the Conservation District Law.
"Conservation plan." A plan that identifies conservation
practices and includes site-specific BMPs for agricultural
plowing or tilling activities and animal heavy-use areas.
"Cropland acres." The acres of land used to produce adapted
crops for harvest, which includes both cultivated and
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noncultivated crops and areas managed for forage production that
are harvested by livestock or a combination of livestock and
mechanical harvesting.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Erosion." The natural process by which the surface of the
land is worn away by water, wind or chemical action.
"Fund." The Clean Streams Fund established under section
3304 (relating to Clean Streams Fund).
"Groundwater." Water that is located within the saturated
zone below the water table and is available to supply wells and
springs.
"Livestock." Animals raised, stabled, fed or maintained on
an agricultural operation with the purpose of generating income
or providing work, recreation or transportation. The term does
not include aquatic species.
"Locally impaired watershed." The land area, corresponding
to a watershed not larger than a 12-digit Hydrologic Unit Code
as designated by the United States Geological Survey, that
includes a body of water on the Commonwealth's list of impaired
waters under section 303(d) of the Federal Water Pollution
Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.).
"Manure management plan." A plan developed and implemented
in accordance with 25 Pa. Code Ch. 91 (relating to general
provisions).
"Nonpoint source pollution." Waterborne pollution which does
not have a discernible or confined discrete conveyance and
includes, but is not limited to, pollution caused by storm water
runoff across the land or infiltration into the groundwater such
as pollution from agriculture, abandoned mining activities and
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urban runoff. The term does not include activities subject to a
National Pollutant Discharge Elimination System permit under the
Federal Water Pollution Control Act.
"Nutrient." Nitrogen or phosphorous.
"Nutrient management plan." A written site-specific plan
which incorporates BMPs to manage the use of plant nutrients for
crop production and water quality protection consistent with the
criteria established in 3 Pa.C.S. §§ 504 (relating to powers and
duties of commission) and 506 (relating to nutrient management
plans).
"Nutrient or sediment reduction." A reduction in a nitrogen,
phosphorus or sediment pollution load discharged to surface
water or groundwater that can be directly quantified or modeled
using any model approved or accepted by the department or the
United States Environmental Protection Agency for the purpose of
determining the amount of nutrient or sediment pollution
reduction, in pounds per year, achieved by implementing a best
management practice.
"PENNVEST." The Pennsylvania Infrastructure Investment
Authority.
"Poultry." B irds raised, fed or maintained on an
agricultural operation with the purpose of generating income.
"Qualified bidder." A person or aggregator with a
verification plan approved by the department.
"Sediment." Soil or another erodible material transported by
water, wind or other means as a product of erosion.
"Small farm." An agricultural operation, except for a
concentrated animal feeding operation or "CAFO" as defined under
25 Pa. Code § 92a.2 (relating to definitions).
"Storm water." Drainage runoff from the surface of the land
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resulting from precipitation or snow or ice melt.
"Surface water." Perennial and intermittent streams, rivers,
lakes, reservoirs, ponds, wetlands, springs, natural seeps and
estuaries. The term does not include water at facilities
approved for wastewater treatment such as wastewater treatment
impoundments, cooling water ponds and constructed wetlands used
as part of a wastewater treatment process.
"Technical assistance." Advice, technical expertise,
information, training and tools provided to a landowner,
commission, conservation district or others regarding program
implementation, including, but not limited to, the proper
planning, design and installation of best management practices.
"Verification plan." A written plan that describes the
method that a qualified bidder will use to verify performance of
a best management practice for nutrient or sediment reduction in
accordance with a protocol approved or accepted by the
department.
"Verified nutrient or sediment reduction." Nutrient or
sediment reduction measured in pounds created by a best
management practice in accordance to a verification plan and
approved by the department.
"Watershed implementation plan." A plan created to achieve
water quality improvement goals within a watershed of this
Commonwealth, including, but not limited to, Chesapeake Bay
Watershed implementation plans, county action plans or other
watershed-based restoration and implementation plans.
§ 3304. Clean Streams Fund.
(a) Establishment.--The Clean Streams Fund is established in
the State Treasury.
(b) Deposits.--
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(1) The following shall be deposited into the fund under
subsection (a):
(i) Money appropriated for purposes of the fund.
(ii) Federal money appropriated or authorized for
purposes of the fund.
(iii) Money received from another governmental
agency through an interagency agreement or memorandum of
understanding.
(iv) A gift or other contribution from a public or
private source.
(v) Return on money dedicated for the fund,
including, but not limited to, interest on loans,
investment interest or refunds.
(2) For fiscal year 2021-2022, at least $250,000,000 is
appropriated to the fund.
(c) Distribution.--The deposits made to the fund under
subsection (b) shall be distributed annually as follows:
(1) Fifty percent to the commission to implement the
program under section 3305 (relating to Agriculture
Conservation Assistance Program).
(2) Twenty percent to the department for the Acid Mine
Drainage Abatement and Treatment Fund.
(3) Ten percent to PENNVEST for implementation of the
Pennsylvania Clean Water Procurement Program established in
section 3306 (relating to Pennsylvania Clean Water
Procurement Program).
(4) Ten percent to the department for Municipal Storm
Water Assistance Program established in section 3307
(relating to Municipal Storm Water Assistance Program).
(5) Two and one-half percent to the Department of
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Conservation and Natural Resources for the Keystone Tree
Restricted Account as established under section 6602
(relating to establishment).
(6) Seven and one-half percent to the Nutrient
Management Fund established in 3 Pa.C.S. § 512 (relating to
Nutrient Management Fund).
(d) 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.
(e) Status of fund.--The fund shall not be subject to 42
Pa.C.S. Ch. 37 Subch. C (relating to judicial computer system).
§ 3305. Agriculture Conservation Assistance Program.
(a) Establishment.--The Agriculture Conservation Assistance
Program is established in the commission.
(b) Sources of funding.--Funding for the program may be
provided through any of the following:
(1) Money allocated from the fund under section 3304(c)
(relating to Clean Streams Fund).
(2) Other money appropriated for the purposes of the
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.
(5) A gift or other contribution from a public or
private source.
(6) Return on money dedicated for the program, including
interest on loans, investment interest or refunds.
(c) Powers and duties of commission.-- The commission shall:
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(1) Adopt performance standards for the administration
and oversight of the program, including best management
practices to be implemented and receive funding under the
program.
(2) Provide a system of program evaluation and quality
control.
(3) Annually assess the program and report the
assessment to:
(i) The chairperson and minority chairperson of the
Agriculture and Rural Affairs Committee of the Senate.
(ii) The chairperson and minority chairperson of the
Agriculture and Rural Affairs Committee of the House of
Representatives.
(iii) The chairperson and minority chairperson of
the Environmental Resources and Energy Committee of the
Senate.
(iv) The chairperson and minority chairperson of the
Environmental Resources and Energy Committee of the House
of Representatives.
(4) Develop a training, education and technical
assistance program for technicians, engineers and other
individuals performing work under the program.
(5) 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 laws.
(d) Delegation of powers and duties.--In performance of its
powers and duties, the commission may delegate to The
Pennsylvania State University or other entity determined
appropriate by the commission to execute specific administrative
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tasks and activities. Up to 4% 2% of the funds provided under
subsection (b) may be committed by the commission to compensate
the entities performing the administrative tasks and activities.
(e) Administration expenses.--The commission may dedicate up
to 4% 2% of the funds allocated under subsection (b) for
expenses incurred in administration of the program.
(f) Apportionment criteria.--The commission shall apportion
the funds under subsection (b) to participating conservation
districts based on written apportionment criteria developed by
the commission to establish priorities based on preventing
nutrient and sediment pollution. The following shall apply:
(1) The apportionment criteria shall consider:
(i) Agriculturally impaired stream miles.
(ii) The number of cropland acres.
(iii) The number of farms.
(iv) The number of livestock and poultry.
(v) Other criteria as established by the commission.
(2) Any apportioned funds that are not used in any
fiscal year may roll over for the following fiscal year. Any
unused apportioned funds after two years shall be
reapportioned to participating conservation districts in the
following year, consistent with the apportionment criteria
prescribed under this section.
(g) Powers and duties of participating conservation
districts.--The following shall apply:
(1) Each conservation district participating in the
program shall manage and administer funds apportioned by the
commission in a manner consistent with this section and the
guidelines established by the commission. Each participating
conservation district shall enter into an agreement with the
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commission to establish the administrative responsibilities
and activities to be performed by the conservation district.
(2) Funds apportioned to a participating conservation
district shall be used for:
(i) Approving and providing financial assistance to
the person who received approval for the project to
install and implement BMPs, consistent with the criteria
for approval of projects provided under subsection (j) .
(ii) Costs for technical training and education and
technical assistance in administration of projects
approved by the conservation district, including
technical assistance provided by third parties in
accordance with the provisions of subsection (c)(4).
(iii) Establishment of procedures for submission and
approval of applications for financial assistance for
BMPs that minimize, to the extent feasible, procedural
tasks and obligations for applicants.
(iv) Adoption of written criteria for ranking of
applications for financial assistance and determination
of proposed projects to be given priority.
(v) Entering into written agreements with recipients
of approved funding.
(vi) Administration and procedures to ensure
recipients of financial assistance timely complete
projects in a manner that meets established design and
construction standards.
(vii) Adoption of procedures to ensure that
recipients of the approved funding will fully comply with
requirements for future maintenance activities
established under the terms of agreement.
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(viii) Development of procedures to ensure proper
performance of agreements executed under the program.
(3) A participating district may dedicate up to 12% 6%
of the annual amount apportioned by the commission under
subsection (f) for expenses incurred in administration of the
program.
(h) Advisory committee.--Within a conservation district, a
committee may be appointed by the conservation district board to
advise the program and identify local priorities and
opportunities to complement other programs. The committee shall
include, at a minimum, one staff member of the conservation
district and one local representative of the United States
Department of Agriculture Natural Resources Conservation Service
and may include up to three other local representatives who are
knowledgeable of agricultural operations and conservation.
(i) Applications and certifications.--The following shall
apply:
(1) In a county with a participating conservation
district, a person may apply to the person's applicable
delegated conservation district for an eligible project under
the program. In a county without a participating conservation
district, a person may apply directly to the commission for
an eligible project under the program. The conservation
district and commission shall prescribe the respective form
and manner of the application. The application, at a minimum,
shall include:
(i) The location of the project.
(ii) The description of the project, including the
planned BMPs.
(iii) If applicable, the amount and sources of
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funding available for the project.
(iv) The total cost of the project.
(v) Any other information as required by the
conservation district or commission, as applicable.
(vi) Relevance of the project to the development,
improvement or implementation of the applicant's manure
or nutrient management plan, conservation plan or
agriculture erosion and sediment control plan.
(2) The conservation district or commission, as
applicable, shall review complete applications based upon the
criteria established under subsection (j) on an ongoing basis
and in the order received. Within 90 days of receipt of a
complete application, unless extenuating circumstances
prevent the conservation district or commission from doing
so, the conservation district or commission, as applicable,
shall notify the applicant of:
(i) Whether the project is approved for funding
under the program.
(ii) The total amount of funds approved for the
project.
(iii) The amount of each type of funding approved
for the project.
(3) Upon completion of a project funded under the
program, the person who received the approval for the project
shall notify the conservation district or commission, as
applicable, of the completion of the project and shall submit
all documents to certify the completion.
(4) Projects funded under the program may be subject to
inspection by the commission, conservation district or a
designated agent.
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(5) The funds shall be distributed upon certification
and verification that the funded project has been completed
and design and construction standards have been met.
(j) Criteria for evaluation of applications.--In approving
applications for eligible projects under the program, the
applicable delegated conservation district or commission shall
give priority to complete applications based upon the following
criteria:
(1) The project meets the goals of any applicable
watershed implementation plan.
(2) If applicable to the agricultural operation, the
applicant has a conservation plan or agricultural erosion and
sediment control plan and a manure management plan or
nutrient management plan. Development of the plans shall be
included in the application if not yet developed prior to the
application.
(3) The project implements best management practices
included in a conservation plan, agricultural erosion and
sediment control plan, manure management plan or nutrient
management plan. For purposes of this paragraph, the
conservation district or commission shall give priority to
projects that implement best management practices for control
of nitrogen or phosphorus.
(4) An agricultural operation with an animal
concentration area shall have implemented best management
practices necessary to abate storm water runoff, loss of
sediment, loss of nutrients and runoff of other pollutants
from the animal concentration area or the implementation of
best management practices shall be included in an application
for funds.
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(5) Proximity to surface waters, public drinking water
sources or karst geology with underground drainage systems or
open sinkholes.
(6) The project meets the design and construction
standards established by the commission. If standards do not
exist for a best management practice approved by the
commission, the commission may establish or approve design,
construction and certification standards for a best
management practice.
(7) Any other criteria considered by the conservation
district, as applicable, and approved by the commission.
(k) Liability for failure of performance .--A person
receiving funds under an approved project who fails to
adequately perform any term of the agreement executed for the
project shall be liable for repayment of money provided to the
recipient related to adequate performance of the agreement term.
The commission or conservation district may initiate any legal
action in law or equity to compel adequate performance of a
project agreement or recoup funds provided under an approved
project for which the recipient is liable for repayment under
this subsection. Any funds repaid to the commission as a result
of failure of performance of a project agreement may be provided
to the conservation district that was party to that project
agreement for use in other project agreements.
(l) Definition.--As used in this section, the term "program"
shall mean the Agricultural Conservation Assistance Program
established under this section.
§ 3306. Pennsylvania Clean Water Procurement Program.
(a) Establishment.--The Pennsylvania Clean Water Procurement
Program is established and shall provide for the purchase of a
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verified nutrient or sediment reduction through a competitive
bidding process consistent with 62 Pa.C.S. Pt. I (relating to
Commonwealth Procurement Code).
(b) Funding.--
(1) Funding for the program may be provided through an y
of the following:
(i) Money allocated under section 3304(c) (relating
to Clean Streams Fund).
(ii) Any other money appropriated for the program
that is not transferred from money available to the
department or another agency for a similar program.
(iii) Federal money appropriated or authorized for
purposes of the program.
(iv) Money received from another governmental agency
through an interagency agreement or memorandum of
understanding.
(v) A gift or other contribution from a public or
private source.
(vi) Return on money dedicated to the program,
including, but not limited to interest on loans,
investment interest or refunds.
(2) No more than 4% of the money dedicated to the
progra m may be used by the department to perform its duties
under subsection (g).
(c) Duties of PENNVEST.--PENNVEST shall:
(1) Issue a request for proposals or initiate
competitive bidding process under 62 Pa.C.S. Pt. I for the
supply of a verified nutrient or sediment reduction toward
the achievement of the Chesapeake Bay Total Maximum Daily
Load. PENNVEST shall require that a response to the request
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for proposals or competitive bidding process shall include:
(i) The legal name, address and contact information,
including where available a telephone number and email
address of the person submitting the proposal.
(ii) A description of the project or practices to be
used or implemented to achieve the proposed nutrient or
sediment reduction, including an estimate of the amount
of reduction in pounds per year for each year of the
contract and the basis for estimates.
(iii) The location where the projects or practices
will be used or implemented.
(iv) The expected life of each reduction that will
be achieved as a result of the proposed projects or
practices.
(v) A description of the ownership, or written
agreement with the owner, of each parcel of land or
facility that will be used in implementing the projects
or practices.
(vi) A description of the measures to be used to
quantify, by measurement or modeling, the amounts of the
reductions of nutrients or sediment resulting from the
proposed projects or practices, and a "verification plan"
to verify the reductions, at such times or intervals as
PENNVEST or the department shall specify.
(vii) A suggested payment schedule.
(viii) A statement of the qualified bidder's
qualification, experience and resources.
(ix) A statement of the qualified bidder's proposed
surety and other financial assurances.
(2) Evaluate, in consultation with the department and
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the commission, the responses to the request for proposals or
competitive bidding process under paragraph (1).
(3) Execute a contract with a qualified bidder. A
contract under this paragraph:
(i) May not be for a term of more than 10 years.
(ii) Shall require periodic submissions from the
qualified bidder, which may be required in conjunction
with specified performance targets, in accordance with a
verification plan approved by the department.
(iii) Shall require that payment be conditioned on
the achievement of specific outcomes based on defined
performance targets in accordance with a verification
plan approved by the department.
(iv) Shall specify measures that PENNVEST will take
in the event of a failure by the qualified bidder to meet
or satisfy any performance obligation, or otherwise fail
to comply with any term or condition of the contract,
including the withholding of payments or portions of
payments that would otherwise be made, the use of payment
adjustments and time schedules, including the extension
of any target date, if performance targets or schedules
are not met, cancellation of the contract in the event of
a substantial failure of performance that cannot be
readily corrected or mitigated, and such other measures
as may be appropriate.
(4) After the department has verified a nutrient or
sediment reduction, purchase a verified nutrient or sediment
reduction in accordance with the terms of a contract under
paragraph (3).
(d) Publicly funded reductions.--A verified nutrient or
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sediment reduction funded entirely by public funding may not be
eligible to be purchased under the program. If a percentage of a
verified nutrient or sediment reduction is funded by public
funding, the percentage of the remaining verified nutrient or
sediment reduction that is eligible to be purchased shall be
commensurate with the percentage of the verified nutrient or
sediment reduction that is not provided by public funding.
(e) Criteria.--The criteria for the evaluation of responses
to the request for proposals or competitive bidding process
under subsection (c)(1) and the weighted percentage to be
applied to each factor in the evaluation of the responses shall
be determined by PENNVEST in consultation with the department
and commission and be published as part of the request for
proposals or competitive bidding process under subsection (c)
(1). The criteria to be considered must include all of the
following:
(1) The quantity of nutrient or sediment loads
anticipated to be reduced.
(2) The dollar cost per pound of nutrient or sediment
removed.
(3) A verified nutrient or sediment reduction in a
locally impaired watershed.
(4) A verified nutrient or sediment reduction in a
county designated by the department as a Tier 1 Chesapeake
Bay county.
(5) The extent to which the project includes small
farms.
(6) The extent to which the project would provide
additional community and environmental benefits, including
mitigation of flooding, human exposure to toxic substances
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and climate change.
(7) Any additional criteria determined relevant and
necessary by PENNVEST, the department and commission.
(f) Annual report.-- PENNVEST shall publish and make
avai lable to the public an annual report on the program
detailing all of following for the prior year:
(1) The total cost of the program.
(2) The best management practices implemented which
resulted in nutrient or sediment reductions.
(3) The verified nutrient or sediment reductions
achieved toward the satisfaction of the Chesapeake Bay Total
Maximum Daily Load.
(4) The total cost for each verified nutrient or
sediment reduction.
(5) The participation of small farms in the program.
(g) Duties of department.--The department shall:
(1) Advise PENNVEST as it establishes criteria under
subsection (e).
(2) Review and approve a verification plan submitted
with a response to a request for proposals or competitive
bidding process under subsection (c)(1) and advise PENNVEST
regarding the acceptability of a verification plan , including
what changes, if any, must be made in order for it to be
acceptable. To be approved, a verification plan must describe
the procedures that can be easily used by the bidder, the
department or a technically qualified inspection contractor
engaged by the department, to inspect any projects or
practices utilized by a bidder and determine the amount of
any reduction of nutrients or sediment being achieved under
the terms of the contract.
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(3) Evaluate the responses to the request for proposals
or competitive bidding process based on the criteria under
subsection (e) and advise PENNVEST regarding the
acceptability of the responses.
(4) In accordance with a contract under subsection (c)
(3), ensure, through inspections, compliance audits or other
means, that a qualified bidder is in compliance with an
approved verification plan. The department may enter into an
agreement with a third party to perform the duty under this
paragraph.
(h) Duties of commission.--The commission shall:
(1) Advise PENNVEST as criteria is established under
subsection (e).
(2) Review a response to a request for proposals or
competitive bidding process under subsection (c)(1) and
advise PENNVEST accordingly.
(i) Regulations.--The department may promulgate regulations
necessary to administer the provisions of this section. A lack
of regulations promulgated under this section shall not preclude
the department, the commission or PENNVEST from administering
and implementing the provisions of this section.
(j) Definition.--As used in this section, the term "program"
means the Pennsylvania Clean Water Procurement Program
established under this section.
(k) Expiration.--This section shall expire 10 years after
the effective date of this section.
§ 3307. Municipal Storm Water Assistance Program.
(a) Establishment.--The Municipal Storm Water Assistance
Program is established in the department.
(b) Sources of funding.--Funding for the program may be
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provided through any of the following:
(1) Money allocated from the fund under section 3304(c)
(relating to Clean Streams Fund).
(2) Any other money appropriated for the 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:
(1) Provide a system of financial assistance to
counties, municipalities or municipal authorities for the:
(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
ranking criteria established in this section.
(3) Establish a system of program evaluation and quality
control.
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(4) Adopt written and publicly available criteria for
ranking of applications for financial assistance and
determination of proposed projects to be given priority,
including:
(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-
effective practice choices and siting.
(v) projects that leverage a greater ratio of
matching funds based on fiscal need of the applicant.
(vi) Location of projects in an environmental
justice area as designated by the department; and
(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
department to implement the program, a financial accounting
of funds received and expended and any other information that
the department determines would be appropriate. Copies of the
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report shall be provided to the following:
(i) The chairperson and minority chairperson of the
Environmental Resources and Energy Committee of 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.
(vi) The chairperson and minority chairperson of the
Local Government Committee of the House of
Representatives.
(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 the funds allocated in subsection (b) for
expenses incurred in administration of the program by the
department.
(e) Definition.--For purposes of this section, the term
"program" means the Municipal Storm Water Assistance Program
established under this section.
Section 3. This act shall take effect in 60 days.
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