PRIOR PRINTER'S NO. 798
PRINTER'S NO. 2741
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
597
Session of
2023
INTRODUCED BY KIM, MADDEN, SIEGEL, KINSEY, SANCHEZ, HILL-EVANS,
SAPPEY, D. WILLIAMS, FREEMAN, GALLOWAY, GREEN, BOROWSKI, BOYD
AND ISAACSON, MARCH 21, 2023
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 19, 2024
AN ACT
Amending the act of July 28, 1988 (P.L.556, No.101), entitled
"An act providing for planning for the processing and
disposal of municipal waste; requiring counties to submit
plans for municipal waste management systems within their
boundaries; authorizing grants to counties and municipalities
for planning, resource recovery and recycling; imposing and
collecting fees; establishing certain rights for host
municipalities; requiring municipalities to implement
recycling programs; requiring Commonwealth agencies to
procure recycled materials; imposing duties; granting powers
to counties and municipalities; authorizing the Environmental
Quality Board to adopt regulations; authorizing the
Department of Environmental Resources to implement this act;
providing remedies; prescribing penalties; establishing a
fund; and making repeals," in powers and duties, further
providing for powers and duties of counties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 303 of the act of July 28, 1988 (P.L.556,
No.101), known as the Municipal Waste Planning, Recycling and
Waste Reduction Act, is amended by adding a subsection to read:
Section 303. Powers and duties of counties.
* * *
(g) Fees.--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(1) A county may impose a recycling and waste management
fee on municipal solid waste generated within its borders and
disposed of at resource recovery facilities or municipal
waste landfills designated in the county's municipal waste
management plan as provided for in Chapter 5.
(2) The fee:
(i) May not initially exceed $4 per ton. This limit
may be increased every five years to account for
inflation by taking the average of the five prior years'
increases, if any, in the Consumer Price Index for All
Urban Consumers (CPI-U) categorized further as
Philadelphia All Items as officially reported by the
United States Department of Labor, Bureau of Labor
Statistics.
(ii) Shall be collected by the operator and paid to
the county or its agent on a quarterly basis or as
otherwise negotiated on a form approved by the county.
(III) MAY BE IMPOSED IN ADDITION TO ANY OTHER FEE
PROVIDED FOR UNDER THIS ACT.
(3) The operator that is charged a fee under this
subsection may pass through and obtain the fee from the
generator of the waste as a surcharge on any fee schedule
established under law, ordinance, resolution or contract for
solid waste collection, transfer, transport and delivery.
(4) If an operator fails to make a timely payment of a
fee imposed by a county, the county may require interest and
any additional penalty as authorized under section 703. The
county or its designee shall collect interest or additional
penalties under the requirements of section 703. The interest
or additional penalties imposed may not be recoverable by the
20230HB0597PN2741 - 2 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
operator.
(5) Funds generated by a fee under this subsection shall
be deposited in a dedicated account or fund to be used
exclusively for recycling and waste management activities,
services, staff or plan implementation. The activities may
include:
(i) Recycling and composting collection, processing,
research or program planning.
(ii) Related alternative energy, waste and recycling
activities.
(iii) Collections for special materials.
(iv) Household hazardous waste or Universal Waste
programs.
(v) Illegal dump and litter remediation and
prevention activities.
(vi) Public education and promotion associated with
and enforcement of waste and recycling programs.
(vii) Staff and overhead costs associated with
administration and implementation of these programs.
(6) The county solid waste authority or county solid
waste advisory committee, as described in section 503(a), or
its designee shall review a spending plan for these funds,
make suggestions and propose any changes it believes
appropriate.
(7) AT THE END OF EACH FISCAL YEAR, THE COUNTY OR ITS
AGENTS SHALL PROVIDE A REPORT TO THE DEPARTMENT AND THE
COUNTY SOLID WASTE AUTHORITY OR COUNTY SOLID WASTE ADVISORY
COMMITTEE DETAILING:
(I) HOW THE FUNDS WERE ALLOCATED.
(II) THE IMPACT OF THE ACTIVITY OR ACTIVITIES THAT
20230HB0597PN2741 - 3 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
THE FUNDS SUPPORTED.
(7) (8) A county or its agents may enter into agreements
with municipalities, councils of governments or other
appropriate agencies to provide these services.
(8) (9) The provisions of this subsection may not
preclude a county or its designated agent from negotiating
other fees to support programs described in paragraph (5).
Section 2. This act shall take effect in 60 days.
20230HB0597PN2741 - 4 -
<--
<--
1
2
3
4
5
6
7
8