Bill Text: PA HB2591 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for definitions, for financial assistance and for annual report.

Spectrum: Moderate Partisan Bill (Democrat 23-3)

Status: (Engrossed - Dead) 2010-10-14 - Laid on the table [HB2591 Detail]

Download: Pennsylvania-2009-HB2591-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NO. 3944 PRINTER'S NO. 4309
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2591 Session of2010
INTRODUCED BY GEORGE, BARBIN, BELFANTI, CALTAGIRONE, CARROLL, DALEY, DERMODY, GOODMAN, HARHAI, JOSEPHS, KILLION, MAHONEY, MURPHY, READSHAW, ROSS, SIPTROTH, SOLOBAY, STURLA, WAGNER, WHITE, YOUNGBLOOD, YUDICHAK, HALUSKA, MUNDY, BROWN AND GRUCELA, JUNE 22, 2010
SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE, AS AMENDED, SEPTEMBER 22, 2010
AN ACT
Amending the act of March 1, 1988 (P.L.82, No.16), entitled "An
act providing for the establishment, implementation and
administration of the Pennsylvania Infrastructure Investment
Authority; imposing powers and duties on a board of trustees;
transferring the rights, powers, duties and obligations of
the Water Facilities Loan Board to the Pennsylvania
Infrastructure Investment Authority; providing for the
issuance of notes and bonds; providing for financial
assistance and for a comprehensive water facilities plan;
authorizing a referendum to incur indebtedness; making an
appropriation; and making repeals," further providing for
definitions and, for financial assistance and for annual <--
report.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "department," "project" and
"secretary" in section 3 of the act of March 1, 1988 (P.L.82,
No.16), known as the Pennsylvania Infrastructure Investment
Authority Act, amended July 14, 2005 (P.L.299, No.51), are
amended and the section is amended by adding a definition to
read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth.
* * *
"Project." The eligible costs associated with the
acquisition, construction, improvement, expansion, extension,
repair, rehabilitation or security measures of all or part of
any facility or system, whether publicly or[, in the case of
paragraph (1) or (2),] privately owned:
(1) for the collection, treatment or disposal of
wastewater, including industrial waste;
(2) for the supply, treatment, storage or distribution
of drinking water;
(3) for the control of point source pollution associated <--
with storm water, which may include, but need not be limited
to, the transport, storage and the infiltration of storm
water; or
(4) for the best management practices to address [point
or] nonpoint source pollution [associated with storm water
runoff or any other innovative techniques identified in the
county-prepared watershed plans pursuant to the act of
October 4, 1978 (P.L.864, No.167), known as the Storm Water
Management Act] as identified in Pennsylvania's Nonpoint
Source Management Program Update, as required under section
319(b) of the Federal Water Pollution Control Act (62 Stat.
1155, 33 U.S.C. § 1251 et seq.).
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"Secretary." The Secretary of Environmental [Resources]
Protection of the Commonwealth.
* * *
"Urban runoff." Storm water from areas defined as developed
in a county comprehensive plan prepared in accordance with the
act of July 31, 1968 (P.L.805, No.247), known as the
Pennsylvania Municipalities Planning Code.
* * *
Section 2. Section 10(b.1), (d)(2) and (j) of the act,
amended or added December 16, 1992 (P.L.1137, No.149), are
amended to read:
Section 10. Financial assistance.
* * *
(b.1) Storm water projects.--
(1) [In the case of storm water projects, only a
governmental unit may qualify for financial assistance under
this act.] A storm water project designed to manage urban
runoff shall be eligible for funding if:
[(2) A storm water project] (i) it is located
within a watershed for which a county has [not] adopted a
watershed storm water management plan and ordinances
required to implement the plan, as required by the Storm
Water Management Act[, shall be ineligible for financial
assistance under this act, except that:
(i) a storm water project within a watershed which
includes land in more than one county and for which the
department has required that a joint plan for the entire
watershed be submitted by the affected counties shall be
ineligible for financial assistance under this act only
if the county in which the project is located is found to
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have failed to cooperate in the development of the joint
plan; and];
(ii) [a storm water] the project is specifically
designed to maintain and/or improve existing water
quality and to comply with the National Pollutant
Discharge Elimination System (NPDES) storm water
permitting requirements [shall be eligible for financial
support under this act.
This paragraph shall not apply to a]; or
(iii) the project is located in a municipality which
has enacted a storm water management ordinance that
requires land owners and any person engaged in the
alteration or development of land to implement measures
to ensure that the maximum rate of storm water runoff is
no greater after the development than prior to
development activities [or] and to manage the quantity,
velocity and direction of resulting storm water runoff in
a manner which otherwise adequately protects the health
and property of residents from possible injury as
required by the Storm Water Management Act.
[(3)] (2) A storm water project designed to manage urban
runoff located within a municipality which is not
implementing ordinances pursuant to a county-prepared and
department-approved watershed plan developed under the Storm
Water Management Act shall be ineligible.
(3) Projects designed to manage storm water that are not
considered urban runoff shall be considered a nonpoint source
project and must be consistent with Pennsylvania's Nonpoint
Source Management Program Update as required under section
319(b) of the Federal Water Pollution Control Act (62 Stat.
20100HB2591PN4309 - 4 -
1155, 33 U.S.C. § 1251 et seq.).
* * *
(d) Small projects.--
* * *
(2) The board shall establish a program to financially
assist storm water projects [by] for municipalities with a
population of 12,000 people or less. In addition to other
factors which the board in its discretion may consider in
assigning priorities under this program, preference shall be
given [where] in the [municipality undertaking] community
where the project is located:
(i) has no natural watercourse within its
boundaries;
(ii) relies on methods of storm water control which
do not comply with Federal or State rules, regulations or
standards; or
(iii) has been found to be subject to karst sinkhole
development or other geologic condition which poses a
danger to person or property and which may be aggravated
by uncontrolled storm water flows.
* * *
(j) Continuing education of operators.--No agreement with
individuals or entities shall be valid in the absence of an
agreement by the individuals or entities seeking assistance
under this act to assure that the system operators are
participating or will participate in continuing education
programs developed by the [Department of Environmental
Resources] department. If the board determines that the system
operator of a system receiving assistance is not participating
in continuing education programs, the board shall take all steps
20100HB2591PN4309 - 5 -
necessary to cease all financial assistance and recover all
prior payments, including, but not limited to, the immediate
repayment of any outstanding loans and interest and any grants.
The provisions of this subsection shall not apply to cases where
financial assistance is provided for storm water projects.
* * *
Section 3. Section 13 of the act is amended to read: <--
Section 13. Annual report.
The board shall provide the Governor and the General Assembly
with an annual report detailing all projects funded under
section 10. Each annual report shall be published and maintained
on the authority's publicly accessible Internet website and may
be submitted to the Governor and General Assembly by e-mail.
Section 3 4. This act shall take effect immediately. <--
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