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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PERRY, BAKER, CAUSER, CUTLER, FAIRCHILD, FLECK, GRELL, GROVE, HELM, HENNESSEY, KAUFFMAN, M. KELLER, MILLER, MOUL, ROCK, STERN, SWANGER, TRUE, WATSON, PICKETT, HUTCHINSON AND BARRAR, JANUARY 30, 2009 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 30, 2009 |
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| AN ACT |
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1 | Establishing the Nutrient Reduction Credit Trading Program, the |
2 | Nutrient Reduction Credit Trading Program Board and the |
3 | Chesapeake Bay Advisory Council; and providing for their |
4 | powers and duties and for improving energy efficiency in |
5 | agricultural operations. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Short title. |
9 | This act shall be known and may be cited as the Chesapeake |
10 | Bay Watershed Nutrient Reduction and Credit Trading Act. |
11 | Section 2. Legislative findings. |
12 | The General Assembly finds that: |
13 | (1) The Chesapeake Bay and its tributaries are an |
14 | important natural resource. The Chesapeake Bay watershed |
15 | encompasses more than 14,000,000 acres within this |
16 | Commonwealth which represents 35% of the total area of the |
17 | watershed. |
18 | (2) The Commonwealth is a party, along with Maryland, |
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1 | Virginia, Washington, D.C., the Chesapeake Bay Commission and |
2 | the United States Environmental Protection Agency, to the |
3 | Chesapeake Bay Program, whose duty it is to restore the |
4 | environmental integrity of the Chesapeake Bay. |
5 | (3) The Commonwealth has entered into several multistate |
6 | agreements, most recently in 2000, to set standards and goals |
7 | to curtail nutrient and sediment pollution into the |
8 | Chesapeake Bay from various sources in this Commonwealth. |
9 | (4) Many of these standards were based on the Federal |
10 | Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. § 1251 |
11 | et seq.) requirements necessary to remove the Chesapeake Bay |
12 | from the Federal list of "impaired" waters and to avoid the |
13 | United States Environmental Protection Agency's development |
14 | of a total maximum daily load for the Chesapeake Bay. |
15 | (5) The 2000 Bay Agreement resulted in the preparation |
16 | of the Pennsylvania Chesapeake Bay Tributary Strategy by the |
17 | Department of Environmental Protection. This document |
18 | released in 2005 sets standards and goals for nutrient and |
19 | sediment reduction from Pennsylvania point and nonpoint |
20 | sources. |
21 | (6) The Chesapeake Bay Tributary Strategy was further |
22 | refined in 2006, to include a nutrient credit trading program |
23 | and a phased approach for point source dischargers to meet |
24 | nutrient reduction goals. |
25 | (7) Proactive steps can be taken to control nutrient and |
26 | sediment runoff from agricultural operations, however, a |
27 | series of financial incentives will be necessary to engage |
28 | farmers in nutrient reduction techniques and methods. |
29 | (8) The existing Nutrient Credit Trading Program |
30 | established by the Pennsylvania Department of Environmental |
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1 | Protection is not sufficient to meet the needs of wastewater |
2 | treatment facility operators and farmers, and it is not |
3 | generating the credits needed to allow for future economic |
4 | development. |
5 | (9) There is a need to ensure the implementation and |
6 | availability of a viable nutrient credit trading program to |
7 | serve as an alternative to wastewater treatment plant |
8 | upgrades and to allow for continuing economic growth and |
9 | development within the Commonwealth's portion of the bay |
10 | watershed. |
11 | (10) Additional accountability and oversight is |
12 | necessary to ensure the methods used to attain the standards |
13 | and goals are implemented in a fair and cost-effective manner |
14 | so that meeting the strategy standards and goals does not |
15 | place an unrealistic financial burden on Commonwealth |
16 | taxpayers and does not inhibit economic growth and |
17 | development by limiting future wastewater capacity. |
18 | Section 3. Definitions. |
19 | The following words and phrases when used in this act shall |
20 | have the meanings given to them in this section unless the |
21 | context clearly indicates otherwise: |
22 | "Applicant." A municipality or municipal authority. |
23 | "Authority." The Pennsylvania Infrastructure Investment |
24 | Authority. |
25 | "Best management practice." A practice or combination of |
26 | practices recognized as effective and practical in the |
27 | management or reduction of nutrients or sediment to protect |
28 | surface water or groundwater, considering technological, |
29 | economic and institutional factors. |
30 | "Board." The Nutrient Reduction Credit Trading Program Board |
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1 | established in section 5. |
2 | "Chesapeake Bay tributary strategy." A state-specific plan |
3 | outlining a combination of actions that can be utilized to |
4 | address nutrient reductions entering the Chesapeake Bay and its |
5 | tributaries from various sources. |
6 | "Department." The Department of Environmental Protection of |
7 | the Commonwealth. |
8 | "Municipal authority." A public authority established under |
9 | 53 Pa.C.S. Ch. 56 (relating to municipal authorities) or the |
10 | former act of May 2, 1945 (P.L.382, No.164), known as the |
11 | Municipality Authorities Act of 1945, which supplies water or |
12 | provides wastewater services to the public for a fee. |
13 | "NPDES." The National Pollutant Discharge Elimination |
14 | System. |
15 | "Nutrient reduction credit." The unit of compliance that |
16 | corresponds with a pound of reduction of discharge of nitrogen, |
17 | phosphorus or sediment to the Chesapeake Bay watershed as |
18 | recognized by the Nutrient Reduction Credit Trading Program |
19 | Board. |
20 | "Nutrient Reduction Credit Trading Program." A program |
21 | designed to improve water quality using public and private |
22 | market mechanisms and which permits entities exceeding certain |
23 | statutory and regulatory requirements to generate credits for |
24 | nutrient reduction strategies that can be purchased and used by |
25 | other entities to produce nutrient reductions and to meet |
26 | regulatory requirements. |
27 | "Nutrient reduction project." A project undertaken by a |
28 | publicly owned wastewater treatment plant to remove either |
29 | nitrogen or phosphorous during the treatment process to meet |
30 | nutrient reduction goals established to reduce the levels of |
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1 | these nutrients that enter the Chesapeake Bay and its |
2 | tributaries. |
3 | "Wastewater treatment facility." A facility designed and |
4 | operated for the sole purpose of treating wastewater for |
5 | discharge into the environment. The term includes a wastewater |
6 | treatment plant and any part thereof, including an expansion, |
7 | addition and modification to an existing wastewater treatment |
8 | facility. |
9 | Section 4. Phase-in schedule. |
10 | (a) Establishment.--The department shall establish a |
11 | multiphased nutrient reduction compliance schedule for |
12 | wastewater treatment facilities required to reduce nutrient |
13 | levels within the Chesapeake Bay watershed. |
14 | (b) Procedures and requirements.-- |
15 | (1) The department shall, at a minimum, develop a |
16 | program for wastewater treatment facilities to reduce |
17 | nutrient levels within the Chesapeake Bay watershed in the |
18 | following manner: |
19 | (i) All plants identified by the department with |
20 | flows over 400,000 gallons per day which are not |
21 | presently under annual nutrient load limits as part of |
22 | their operating permit shall be given annual nutrient |
23 | load limits based upon an average of 6 mg/l of total |
24 | nitrogen and 0.8mg/l of total phosphorous at the annual |
25 | average design flow of each wastewater facility. |
26 | (ii) In an effort to achieve nutrient reduction |
27 | compliance levels, a three-tiered compliance schedule |
28 | shall be used. The department shall place each wastewater |
29 | treatment plant in one of three tiers to ensure all |
30 | facilities will be deemed in compliance over a seven-year |
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1 | period beginning with permits issued on or after July 1, |
2 | 2008, and ending June 31, 2015. |
3 | (2) Nothing in this subsection shall be construed to |
4 | prohibit the right of appeal to NPDES permit conditions by a |
5 | permittee. |
6 | (c) New construction.-- |
7 | (1) A new wastewater treatment facility at which |
8 | construction commenced on or after January 1, 2008, shall |
9 | meet nutrient load limits based upon an average of 4 mg/l |
10 | total nitrogen and 0.3 mg/l total phosphorus at the annual |
11 | average design flow. A new system constructed to the limits |
12 | in this section shall make a one-time monetary assessment to |
13 | the nutrient reduction credit bank identified under section |
14 | 8(d)(3). The assessment contribution shall be determined by |
15 | the Nutrient Reduction Credit Trading Program Board |
16 | established under section 8(b). The assessment shall, at a |
17 | minimum, be based upon the difference in treatment level |
18 | between 4 mg/l of nitrogen and 0.3 mg/l of phosphorus and the |
19 | zero net discharge limit applied to new facilities through |
20 | the department under the strategy. |
21 | (2) The purchase of nutrient credits shall be recognized |
22 | as an alternative method to meet the zero net discharge limit |
23 | applied to new facilities that do not meet the criteria in |
24 | paragraph (1). The purchase of nutrient credits shall also be |
25 | recognized as an alternative method to meet the zero net |
26 | discharge limit applied to expansion of existing plants. |
27 | (3) In the event of an addition, expansion or |
28 | modification to a wastewater facility, the mass discharge |
29 | limits contained in this subsection shall apply only to the |
30 | increase in the annual average design flow, resulting from |
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1 | the addition, expansion or modification. |
2 | Section 5. Nutrient Reduction Credit Trading Program. |
3 | (a) Establishment.--The department shall establish the |
4 | Nutrient Reduction Credit Trading Program for the Chesapeake Bay |
5 | watershed and shall administer it in accordance with this |
6 | section. |
7 | (b) Program board.-- |
8 | (1) The Nutrient Reduction Credit Trading Program Board |
9 | is established. The purpose of the board shall be to manage |
10 | and provide oversight to the Nutrient Reduction Credit |
11 | Trading Program. |
12 | (2) The board shall consist of: |
13 | (i) The Secretary of Environmental Protection, or a |
14 | designee. |
15 | (ii) The Secretary of Agriculture, or a designee. |
16 | (iii) The Executive Director of the authority, or a |
17 | designee. |
18 | (iv) One representative from county conservation |
19 | districts appointed by the State Conservation Commission. |
20 | (v) One representative from municipal authorities |
21 | representing wastewater treatment facilities chosen by |
22 | the Pennsylvania Municipal Authorities Association. |
23 | (vi) One representative of the housing industry |
24 | chosen by the Pennsylvania Builders Association. |
25 | (vii) One water quality engineer appointed by the |
26 | chairman of the Joint Legislative Air and Water Pollution |
27 | Control and Conservation Committee. |
28 | (viii) One representative from the agricultural |
29 | sector appointed by the Secretary of Agriculture. |
30 | (ix) One representative from an environmental |
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1 | organization representing an environmental organization |
2 | related to the Chesapeake Bay appointed by the Secretary |
3 | of Environmental Protection. |
4 | (x) Three representatives of local government, one |
5 | representing boroughs, one representing townships and one |
6 | representing cities. These representatives shall be |
7 | chosen by their respective Statewide organizations. |
8 | (xi) One representative from the Pennsylvania |
9 | delegation to the Chesapeake Bay Commission appointed by |
10 | members of the Pennsylvania delegation to the commission. |
11 | (xii) One representative from the United States |
12 | Department of Agriculture Natural Resources Conservation |
13 | Service appointed by the service's State conservationist |
14 | for Pennsylvania. |
15 | (c) Chairperson.--The board shall elect a chairperson from |
16 | among its members. |
17 | (d) Powers and duties.--The board will adopt policies and |
18 | implement programs necessary to manage the Nutrient Reduction |
19 | Credit Trading Program for the Chesapeake Bay watershed. The |
20 | board shall have the following specific duties and |
21 | responsibilities: |
22 | (1) To establish procedures and requirements relating to |
23 | applications for credits and the process by which |
24 | applications shall be reviewed consistent with the following: |
25 | (i) Applications shall be reviewed for completeness, |
26 | technical acceptability and consistency with regulatory |
27 | and legal requirements. |
28 | (ii) The board shall make a determination on an |
29 | application to generate credits within 60 days after |
30 | receipt of a complete application. |
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1 | (iii) The board shall post credit application |
2 | requirements and review procedures on the publicly |
3 | accessible Internet website of the authority. |
4 | (iv) Prior to a determination on an application to |
5 | generate credits, the board shall verify that the |
6 | relevant regulatory and legal requirements have been met |
7 | by the applicant. The board shall establish a process to |
8 | verify nutrient and sediment reductions after approval of |
9 | an application. |
10 | (2) To develop a method to calculate nutrient reduction |
11 | credits consistent with the following: |
12 | (i) The credits shall be measured in terms that |
13 | correspond to a unit of compliance and a time period. |
14 | (ii) The board shall, by regulation, establish |
15 | procedures and methodologies by which credits will be |
16 | calculated. The procedures and methodologies may have |
17 | general applicability or they may be specific to a |
18 | particular watershed, as determined by regulation. |
19 | (iii) The board shall ensure that credits shall not |
20 | be generated from the purchase and idling of whole or |
21 | substantial portions of farms to provide credits for use |
22 | offsite. Credits may be generated when converting one |
23 | land use to another, as provided by regulation. |
24 | (3) To create a registry of credits that have been |
25 | approved and that are available for sale. The board shall |
26 | track and verify the disposition of credits registered under |
27 | this section. |
28 | (4) To permit credits approved and registered under this |
29 | section to be used to meet the requirements of permits |
30 | administered by the department, including National Pollutant |
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1 | Discharge Elimination System (NPDES) permits required under |
2 | the Federal Water Pollution Control Act (62 Stat. 1155, 33 |
3 | U.S.C. § 1251 et seq.). |
4 | (5) To purchase nutrient reduction credits from |
5 | wastewater treatment facilities or agricultural or other |
6 | sources. The board shall utilize $50,000,000 in funds |
7 | provided by the Environmental Protection Agency and |
8 | previously approved by the authority board of directors for |
9 | use in the establishment of a nutrient credit trading |
10 | program. Credits shall be available for purchase only after |
11 | department certification that nutrient and sediment |
12 | reductions have occurred or will occur upon implementation of |
13 | the proposed nutrient reduction project. The board shall |
14 | cooperate with the department and the Department of |
15 | Agriculture or their agents to verify credits from wastewater |
16 | treatment facilities and agricultural and other sources. The |
17 | board may allow approved third parties to perform credit |
18 | verifications on its behalf or on behalf of entities that |
19 | have submitted applications. |
20 | (6) To offer for sale nutrient reduction credits to |
21 | wastewater treatment facilities, developers, municipalities, |
22 | nonpoint source entities and others required to meet nutrient |
23 | reductions. |
24 | (7) (i) To establish a nutrient reduction credit bank |
25 | to provide for the purchase and sale of credits within |
26 | the Nutrient Reduction Credit Trading Program. The board |
27 | will establish procedures and set monetary assessments to |
28 | generate a system of nutrient credits that can be used by |
29 | wastewater treatment facilities and others to reach |
30 | compliance with nutrient reduction requirements |
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1 | identified by the department and to allow for new growth. |
2 | (ii) Nothing in this subsection shall be construed |
3 | to prohibit the private purchase and sale of credits |
4 | within the trading market. |
5 | (8) For wastewater treatment facilities, to establish |
6 | phased payment schedules, provided the payment amounts will |
7 | fund all annual reductions that are necessary to meet |
8 | nutrient reduction requirements identified by the department |
9 | as follows: |
10 | (i) The payment amounts for new facilities shall be |
11 | sufficient to fund all necessary annual reductions given |
12 | the facilities' anticipated design flow and connections |
13 | schedule so that zero net discharge requirements are met. |
14 | (ii) The bank shall use these funds to provide |
15 | grants to the agricultural sector to support projects |
16 | that will implement the highest value nutrient reduction |
17 | best management practices. |
18 | (iii) Preference shall be given to those nutrient |
19 | reduction best management practices that provide the |
20 | greatest nutrient reductions for the least amount of cost |
21 | and that, once implemented, generate credits on a |
22 | continuing annual basis. |
23 | (iv) Excess credits generated from the transactions |
24 | shall be made available for purchase by wastewater |
25 | treatment facilities, upon request, if needed to meet |
26 | nutrient effluent limits. |
27 | (9) To offer for sale excess credits held by the bank |
28 | identified under paragraph (7), but shall hold a minimum |
29 | percentage of credits as a reserve balance to offset any |
30 | failures or loss of nutrient reduction credits within the |
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1 | bank. In addition to this reserve, the board shall hold a |
2 | minimum percentage of credits in reserve for new growth. The |
3 | board shall set these reserves at percentages it deems |
4 | necessary, but in no instance shall the reserve for new |
5 | growth be lower than 5% of all credits held by the bank. |
6 | (10) To process credits on a continual basis. The board |
7 | shall establish and update as necessary the selling price of |
8 | nutrient reduction credits and post the information regarding |
9 | cost and methods of purchasing and selling credits on the |
10 | Internet website of the authority. The board shall post on |
11 | the Internet website of the authority a list of those |
12 | projects that have been certified to generate credits by the |
13 | department. |
14 | (11) To establish overall time frames for the use of |
15 | nutrient reduction credits purchased through the bank |
16 | necessary to meet the compliance requirements established by |
17 | the department. The board shall develop and implement a |
18 | process that allows credits to be purchased in advance of |
19 | when they may be needed to ensure compliance with the |
20 | requirements established by the department. |
21 | (12) To establish a subcommittee to provide technical |
22 | assistance to entities proposing credit-generating projects. |
23 | Members of the subcommittee shall be appointed by the board |
24 | and shall have appropriate technical training and experience. |
25 | The subcommittee shall conduct a technical review of credit |
26 | proposals consistent with the department's existing guidance |
27 | on credit proposal reviews and make a recommendation |
28 | regarding credit certification. Proposals that have undergone |
29 | technical review by the subcommittee and are recommended by |
30 | the subcommittee for certification shall be submitted by the |
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1 | board to the department for review. The department shall |
2 | render a decision on the proposal within 60 days of receipt |
3 | of the submission from the board. A proposal on which the |
4 | department fails to act within this time period shall be |
5 | deemed approved. |
6 | (13) To establish procedures to allow the nutrient |
7 | reduction credit bank to act as a clearinghouse and make |
8 | available information on the availability of nutrient |
9 | reduction credits from public and private sector |
10 | organizations other than the nutrient reduction credit bank. |
11 | (e) Regulations.--The authority, the department and the |
12 | Department of Agriculture may jointly develop regulations as |
13 | necessary to implement the provisions of this act. The |
14 | regulations shall be promulgated in accordance with the act of |
15 | June 25, 1982 (P.L.633, No.181), known as the Regulatory Review |
16 | Act. |
17 | (f) Administration.--The authority shall provide all |
18 | necessary administrative and technical support for the operation |
19 | of the Nutrient Reduction Credit Trading Program and the |
20 | Nutrient Reduction Credit Trading Board. The authority may enter |
21 | into contracts to assist in administration of the bank, provide |
22 | technical assistance to entities proposing credit-generating |
23 | projects and provide all other necessary technical and |
24 | administrative support to the board. |
25 | Section 6. Accountability. |
26 | (a) Evaluation.--The department shall annually evaluate |
27 | progress toward meeting the needed reductions in nutrients and |
28 | sediments entering the Chesapeake Bay watershed. This evaluation |
29 | shall consist of a quantitative and qualitative analysis on the |
30 | progress made in reaching the nutrient reduction goals for all |
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1 | point and nonpoint sources delineated in the Chesapeake Bay |
2 | tributary strategy. In conducting the evaluation, the department |
3 | shall annually review and estimate the costs and benefits |
4 | related to compliance with the Chesapeake Bay tributary strategy |
5 | by all affected economic sectors. |
6 | (b) Contents of evaluation.--The evaluation shall include, |
7 | but may not be limited to: |
8 | (1) The number and type of nutrient reduction credit |
9 | transactions. |
10 | (2) A description of the methods that have been |
11 | implemented by the various sectors toward achieving |
12 | compliance with the established nutrient reduction goals. |
13 | (3) A review of any changes to the financial resources |
14 | and regulatory requirements that other states in the |
15 | Chesapeake Bay watershed have implemented in regard to the |
16 | nutrient reduction goals. |
17 | (c) Submittal of evaluation.--The evaluation shall be |
18 | submitted with the annual report required under section 8. |
19 | (d) Program changes.--The department shall identify any and |
20 | all substantive changes that may be necessary to ensure |
21 | compliance with the nutrient reduction requirements needed. The |
22 | department shall present recommendations to the General Assembly |
23 | for any substantive changes needed to the nutrient and sediment |
24 | reduction requirements, storm water management reduction |
25 | requirements, stream loading or other requirements as deemed |
26 | necessary. |
27 | Section 7. Chesapeake Bay Advisory Council. |
28 | (a) Establishment.--The Chesapeake Bay Advisory Council is |
29 | established as an advisory body to the department. |
30 | (b) Composition.--The advisory council shall be composed of |
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1 | individuals representing the State Conservation Commission, |
2 | local governments, environmental organizations, county |
3 | conservation districts, Federal and State agencies, educational |
4 | institutions, agricultural organizations, businesses, watershed |
5 | organizations and other groups as deemed appropriate by the |
6 | Secretary of Environmental Protection. Advisory council |
7 | membership shall not be limited to a specific number, but shall |
8 | be determined by the department. |
9 | (c) Duties.--The advisory council shall: |
10 | (1) Advise the department in all matters relating to the |
11 | Chesapeake Bay and its tributaries and in the implementation |
12 | of methods designed to provide for nutrient reductions |
13 | entering the bay and its tributaries. |
14 | (2) Provide citizen input to the department on the |
15 | Commonwealth's efforts to meet its commitments in the |
16 | Chesapeake 2000 Agreement, as well as future agreements. |
17 | (3) Advise the department and provide input on the |
18 | Commonwealth's tributary strategies. |
19 | (4) Advise the department on agricultural and other |
20 | appropriate nonpoint source issues within the Chesapeake Bay |
21 | watershed. |
22 | (5) Advise the department on the implementation of |
23 | programs under the Chesapeake Bay Nonpoint Source Pollution |
24 | Abatement Program. |
25 | (6) Provide recommendations to the department for |
26 | communicating with watershed groups, Federal and State |
27 | agencies, local governments and others in an effort to build |
28 | further support for the Chesapeake Bay Program. |
29 | (7) Provide input, comments and recommendations to the |
30 | department on educational strategies targeted to the needs of |
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1 | local citizens, businesses, schools, communities, local |
2 | governments and watershed groups. |
3 | (8) Report to and advise the department on emerging |
4 | issues and trends pertinent to the Chesapeake 2000 Agreement |
5 | and other issues relating to the Chesapeake Bay and its |
6 | tributaries and offer recommendations to the department to |
7 | enhance or modify program activities. |
8 | (9) Provide general comment to the department and remain |
9 | apprised of water quality and resource management issues that |
10 | are addressed by the Chesapeake Bay Program task forces and |
11 | committees. |
12 | (10) Provide input to the department on the overall |
13 | implementation of the Chesapeake Bay tributary strategy, |
14 | including assistance in annually evaluating the costs, |
15 | benefits and specific implementation methods used to meet the |
16 | nutrient reduction goals. |
17 | (d) Evaluation.-- |
18 | (1) The advisory council, in conjunction with the |
19 | citizens advisory council to the department, shall review the |
20 | results of the department's evaluation of the progress toward |
21 | meeting the needed reductions of nutrients and sediments |
22 | entering the Chesapeake Bay and its tributaries. |
23 | (2) The department shall forward all information for |
24 | review to the advisory council and the citizens advisory |
25 | council within 30 days of the department's finalization of |
26 | the results. |
27 | (3) The advisory council and the citizens advisory |
28 | council shall issue the results of their findings in an |
29 | annual report to the chairman and minority chairman of the |
30 | Environmental Resources and Energy Committee of the Senate |
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1 | and the chairman and minority chairman of the Environmental |
2 | Resources and Energy Committee of the House of |
3 | Representatives no later than March 15 of each year. |
4 | Section 8. Report to standing committees. |
5 | (a) Content.-- |
6 | (1) The authority and the department shall submit a |
7 | joint annual report to the chairman and the minority chairman |
8 | of the Environmental Resources and Energy Committee of the |
9 | Senate, the chairman and minority chairman of the |
10 | Environmental Resources and Energy Committee of the House of |
11 | Representatives and the Pennsylvania delegation of the |
12 | Chesapeake Bay Commission no later than July 1 following the |
13 | first fiscal year or any portion thereof in which the program |
14 | is in effect and no later than July 1 for all succeeding |
15 | fiscal years in which the program is in effect. |
16 | (2) The report shall include: |
17 | (i) A list of all of the recipients of loans or |
18 | grants awarded by the authority in the previous fiscal |
19 | year. |
20 | (ii) The amount of the loans or grants awarded. |
21 | (iii) A description of the nutrient reduction |
22 | project and the public purposes that it advances. |
23 | (iv) The documentation submitted by the applicant |
24 | demonstrating that the nutrient reduction project met at |
25 | least one of the criteria under section 6(b). The report |
26 | shall include the results of the evaluation and |
27 | recommendations required under section 6. |
28 | (v) A description of all activities conducted by the |
29 | Nutrient Reduction Credit Trading Program Board for that |
30 | reporting period. |
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1 | (b) Publication.--The authority shall post a copy of the |
2 | report to the standing committees on the Internet websites of |
3 | the authority and the department. The reports shall remain on |
4 | the sites until the reports for the next year are posted. |
5 | Section 9. Improving energy efficiency in agricultural |
6 | operations. |
7 | (a) General authority.--The conservation districts shall |
8 | work in close cooperation with the agricultural community to |
9 | deliver a system of technical assistance designed to assist with |
10 | conservation planning requirements, in the production of |
11 | biofuels, feedstocks and appropriate energy efficiency |
12 | applications and best management practices as they relate to |
13 | reducing the discharge of nutrients and other pollutants into |
14 | the Chesapeake Bay watershed. |
15 | (b) Energy efficiency and energy resources program.--The |
16 | conservation districts shall engage in the development of energy |
17 | efficiency and energy resources which shall include, but may not |
18 | be limited to, delivering technical assistance to producers to |
19 | improve the energy efficiency of farming operations and to |
20 | provide technical assistance in the development and |
21 | implementation of best management practices related to cropping |
22 | systems to be used as feedstock for the production of biofuels. |
23 | (c) Conservation planning.--The conservation districts shall |
24 | develop and implement an electronic-based system of providing |
25 | technical assistance to the agricultural sector in meeting |
26 | Federal and State natural resources planning requirements, |
27 | including the development of appropriate training programs and |
28 | materials. |
29 | (d) Annual interfund transfer.--The Governor shall transfer |
30 | $10,000,000 annually from the State Stores Fund to the |
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1 | Conservation District Fund. The amount shall be distributed to |
2 | the conservation districts to carry out the activities |
3 | identified in subsections (b) and (c). |
4 | Section 10. Effective date. |
5 | This act shall take effect immediately. |
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