Pennsylvania Act 2002-175 — MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT - AMEND RECYCLING FEE SUNSET PROVISIONS, RECYCLING FUND, AWARDING OF GRANTS AND RECYCLING PROGRAM DEVELOPMENT

Act text

MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT - AMEND
 RECYCLING FEE SUNSET PROVISIONS, RECYCLING FUND, AWARDING OF GRANTS AND
                      RECYCLING PROGRAM DEVELOPMENT
                 Act of Dec. 9, 2002, P.L. 1404, No. 175              Cl. 27
                             Session of 2002
                               No. 2002-175

     HB 2190

                                  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 defining "municipality";
        further providing for the recycling fee sunset provisions,
        for Recycling Fund and for awarding of grants; providing for
        the development of a recycling program plan; and making a
        repeal.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definition of "municipality" in section 103
     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 to read:
      Section 103.  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:
        * * *
        "Municipality."  A county, city, borough, incorporated town,
     township or home rule municipality. For the purposes of sections
     902 and 904 only, the term shall include a council of
     governments, consortium or other similar entities established by
     two or more municipalities under 53 Pa.C.S. Ch. 23 Subch. A
     (relating to intergovernmental cooperation).
        * * *
        Section 2.  Sections 701(d), 706(d) and 905(c) of the act are
     amended to read:
      Section 701.  Recycling fee for municipal waste landfills and
                    resource recovery facilities.
        * * *
        (d)  Sunset for fee.--No fee shall be imposed under this
     section on and after [the first day of the 11th year following
     the effective date of this act] January 1, 2009.
      Section 706.  Recycling Fund.
        * * *
        (d)  Transfer.--On the first day of the [16th] 27th year
     after the fee imposed by section 701 becomes effective, all
     moneys in the Recycling Fund that are not obligated shall be
     transferred to the Solid Waste Abatement Fund and expended in
     the same manner as other moneys in the Solid Waste Abatement
     Fund. On the first day of the [19th] 30th year after the fee
     imposed by section 701 becomes effective, all moneys in the
     Recycling Fund that are not expended shall be transferred to the
     Solid Waste Abatement Fund and expended in the same manner as
     other moneys in the Solid Waste Abatement Fund.
        * * *
      Section 905.  General limitations.
        * * *
        (c)  Other limitations on grants.--The department may not
     award any grant under this chapter to any county or municipality
     that has failed to comply with the conditions set forth in
     previously awarded grants under this chapter, the requirements
     of this chapter and any regulations promulgated pursuant
     thereto, provided that the department shall not prohibit the
     award of any grant to a county or municipality that has adopted
     an ordinance allowing the limited burning of yard waste.
        * * *
        Section 3.  The act is amended by adding a section to read:
      Section 1513.  Development of recycling program plan.
        The department shall develop a plan to assist municipalities
     in making recycling programs under this act financially self-
     sufficient and shall submit the proposed plan to the General
     Assembly within one year from the effective date of this
     section. The plan shall:
            (1)  Include a market development program to be funded by
        the Recycling Fund.
            (2)  Specifically address the extent to which municipal
        recycling programs under this act can be sustained by
        restructuring the allocation of available recycling grants
        provided by Chapter 9.
            (3)  Include recommendations to county recycling
        coordinators designed to encourage market development.
            (4)  Identify the specific means, including
        recommendations for legislative changes, that the department
        intends to use to assist municipalities in making their
        recycling programs under this act self-sufficient.
        Section 4.  The provisions of 27 Pa.C.S. § 6112(a) are
     repealed.
        Section 5.  This act shall take effect immediately.

     APPROVED--The 9th day of December, A. D. 2002.

     MARK S. SCHWEIKER