Bill Text: PA HB1069 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Further providing for powers and duties of counties.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-05-06 - Re-committed to APPROPRIATIONS [HB1069 Detail]

Download: Pennsylvania-2009-HB1069-Introduced.html

---

PRINTER'S NO. 1251
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1069 Session of2009
INTRODUCED BY SCAVELLO, McILVAINE SMITH, GEORGE, PEIFER, SIPTROTH, BELFANTI, BEYER, BRENNAN, BROOKS, FABRIZIO, FAIRCHILD, FRANKEL, FREEMAN, GEIST, GIBBONS, HARHART, HARRIS, HELM, HENNESSEY, HOUGHTON, M. KELLER, KORTZ, LONGIETTI, MAHONEY, MAJOR, MILLARD, MILLER, MOUL, MURT, PASHINSKI, PYLE, THOMAS, WAGNER, WANSACZ AND YOUNGBLOOD, MARCH 24, 2009
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 24, 2009
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," 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) Recycling and waste management fee.--
(1) A county or its designated agent may impose a
recycling and waste management fee on municipal solid waste
generated within its borders and received at resource
recovery facilities or municipal waste landfills.
(2) (i) The fee shall not exceed $4 per ton.
(ii) The fee shall be collected by the disposal
facilities and paid to the counties or their agent on a
quarterly basis or as otherwise negotiated.
(3) The transporter or transfer station that is charged
a fee pursuant to this subsection may pass through and obtain
the fee from the generator of such waste as a surcharge on
any fee schedule established pursuant to law, ordinance,
resolution or contract for solid waste collection, transfer,
transport and delivery.
(4) Funds generated by the fee imposed 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. These
activities may include:
(i) Recycling and composting collection, processing,
marketing, 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.
20090HB1069PN1251 - 2 -
(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.
(5) The county solid waste advisory committee, as
described in section 503(a), or its designee, shall review a
spending plan for the funds collected under this subsection,
make suggestions and propose any changes it believes
appropriate.
(6) Counties or their agents may enter into agreements
with municipalities, councils of governments or other
appropriate agencies to provide these services.
(7) This subsection shall not be construed to preclude:
(i) Counties or their designated agent from
negotiating other fees to support programs described in
paragraph (4).
(ii) Municipalities or their agents from charging
user fees for services incident to their self-
administered and/or contracted recycling programs.
Section 2. This act shall take effect in 60 days.
20090HB1069PN1251 - 3 -