act-2005-0-45•Pennsylvania Act 2005-45 — ENVIRONMENTAL RESOURCES (27 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2005-45 — ENVIRONMENTAL RESOURCES (27 PA.C.S.) - OMNIBUS AMENDMENTS
act-2005-0-452005 Pa. Act 45Law
Act text
ENVIRONMENTAL RESOURCES (27 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Jul. 13, 2005, P.L. 213, No. 45 Cl. 27
Session of 2005
No. 2005-45
HB 3
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, further providing for definitions, for
allocation of Environmental Stewardship Fund and for
administrative expenses; deleting provisions relating to
environmental infrastructure grants; providing for fee
deposits; authorizing indebtedness for environmental
initiatives; authorizing sale of bonds, temporary financing
and debt retirement; further providing for disposal fee for
municipal waste landfills and deposit of disposal fee;
deleting certain sunset provisions; and making a repeal
relating to the Hazardous Sites Cleanup Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6103 of Title 27 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 6103. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Bond fund." The Growing Greener Bond Fund established under
section 6116 (relating to establishment of bond fund and
allocation and use of bond proceeds).
* * *
"Geological hazard." A naturally occurring or manmade
geologic condition or phenomenon that presents a risk or is a
potential danger to life and property. The term includes, but is
not limited to, landslide, avalanche, ground subsidence and
coastal and beach erosion.
"Growing Greener bond referendum." The referendum authorized
under the act of April 13, 2005 (P.L.1, No.1), known as the
Growing Greener Environmental Stewardship and Watershed
Protection Enhancement Authorization Act, and approved by the
electorate authorizing the Commonwealth to incur indebtedness of
up to $625,000,000 for the maintenance and protection of the
environment, open space and farmland preservation, watershed
protection, abandoned mine reclamation, acid mine drainage
remediation and other environmental initiatives.
* * *
"Watershed protection." Activities that address regional
water priorities, including priorities within the Delaware,
Erie, Ohio, Potomac and Susquehanna watersheds and compliance by
the Commonwealth with its commitments under Chesapeake Bay
agreements and implementation of the provisions of Chapter 31
(relating to water resources planning).
* * *
Section 2. Section 6104(d) of Title 27 is amended and the
section is amended by adding subsections to read:
§ 6104. Fund.
* * *
(d) Allocation.--[It is the intent of the General Assembly
that the] The money appropriated in subsection (c) shall be
allocated annually as follows:
(1) For fiscal year 1999-2000, 28.4% to the Department
of Conservation and Natural Resources, 43.7% to the
Department of Environmental Protection and 27.9% to the
authority.
(2) For fiscal years 2000-2001 through 2003-2004, 24.1%
to the Department of Conservation and Natural Resources,
37.4% to the Department of Environmental Protection, 14.8% to
the Department of Agriculture and 23.7% to the authority.
(3) For fiscal year 2004-2005 [and each year
thereafter], moneys in the fund shall be allocated in
accordance with paragraph (1).
(4) For fiscal year 2005-2006, up to $20,000,000 of the
moneys in the fund shall be deposited into the Hazardous
Sites Cleanup Fund and the remaining moneys shall be
allocated in accordance with paragraph (2).
(5) For fiscal year 2006-2007, up to $30,000,000 of the
moneys in the fund shall be deposited into the Hazardous
Sites Cleanup Fund and the remaining moneys shall be
allocated in accordance with paragraph (2).
(6) For fiscal year 2007-2008, and each year thereafter
moneys in the fund shall be allocated in accordance with
paragraph (2).
(d.1) Calculation of allocations.--The annual allocations
under subsection (d)(4), (5) and (6) shall be calculated after
moneys have been deposited into the Hazardous Sites Cleanup Fund
pursuant to subsection (d)(4) and (5) and after payments
authorized by section 6115(d)(4) (relating to Commonwealth
indebtedness). The annual allocations shall be determined by the
Secretary of the Budget.
(d.2) Allocation reductions.--The annual allocation to the
authority under subsection (d)(4), (5) and (6) shall be reduced,
as and if necessary, by the following sums, which shall be
determined by the Secretary of the Budget:
(1) Up to $2,500,000 to the General Fund for
reimbursement for any tax exclusion granted for certain
energy efficient appliances pursuant to legislation enacted
for this purpose.
(2) Up to $10,000,000 to the General Fund for
reimbursement of any historic preservation tax credit program
established pursuant to legislation enacted for this purpose,
or to the agency administering any historic preservation
grant program established pursuant to legislation enacted for
this purpose, for reimbursement of funds expended for such
program, as the case may be.
(d.3) Additional deposit.--From within the funds allocated
under section 6116 (relating to establishment of bond fund and
allocation and use of bond proceeds), the Secretary of the
Budget may deposit into the fund amounts equal to those
deposited into the Hazardous Sites Cleanup Fund under subsection
(d)(4) and (5) and may, at the secretary's discretion, apply the
amount of the funds so deposited into the fund under this
subsection against the amounts allocated in section 6116(c).
Section 3. Sections 6105(a), (b) and (e), 6110 and 6112 of
Title 27 are amended to read:
§ 6105. Agencies.
(a) The Department of Conservation and Natural Resources.--
(1) The Department of Conservation and Natural Resources
shall utilize money it receives from the fund for the
following purposes:
(i) To rehabilitate, repair and develop State park
and State forest lands and facilities and the acquisition
of interior lands within State parks and State forests.
(ii) To provide grants to a county or other
municipality, council of governments, conservation
districts and authorized organizations for the purpose of
planning, education, acquisition, development,
rehabilitation and repair of greenways, recreational
trails, open space, natural areas, river corridors,
watersheds, community and heritage parks and recreation
facilities; community conservation and beautification
projects; forest conservation; and other conservation
purposes. Grants under this paragraph may not be used by
an authorized organization for land acquisition unless
the authorized organization obtains the approval of all
counties in which the land is situated. Grant moneys may
also be used for the acquisition of farmland for the
purposes set forth in this paragraph.
(iii) To provide grants to a county or other
municipality and authorized organizations for the purpose
of research, planning, inventories and technical
assistance intended to protect and conserve the
biological diversity of this Commonwealth.
(2) The Department of Conservation and Natural Resources
may require matching funds as a condition of the award of a
grant under this subsection.
(b) The Department of Environmental Protection.--
(1) The Department of Environmental Protection shall
utilize money it receives from the fund for the following
purposes:
(i) To implement acid mine drainage abatement and
cleanup efforts and plug abandoned and orphan oil and gas
wells.
(ii) To provide funding for technical assistance and
financial incentives to facilitate remining.
(iii) To provide grants to a county or other
municipality, council of governments, county conservation
districts, watershed organizations and other authorized
organizations for acid mine drainage abatement, mine
cleanup efforts and well plugging.
(iv) To provide grants and technical assistance to a
county or other municipality, council of governments,
county conservation districts, watershed organizations
and other authorized organizations to plan and implement
local watershed-based conservation efforts.
(v) To improve water-quality-impaired watersheds,
including those polluted by past mining activities,
agricultural and urban runoff, atmospheric deposition,
on-lot sewage systems and earthmoving activities.
[(vi) To provide grants for safe drinking water
projects and wastewater treatment projects as provided
for in section 6110 (relating to environmental
infrastructure grants to water and wastewater treatment
facilities).]
(vii) For watershed protection.
(2) County conservation districts may further distribute
grants received under this section to watershed organizations
and other authorized organizations to assist in the
implementation of this chapter.
(3) The Department of Environmental Protection may
require matching funds as a condition of the award of a grant
under this subsection.
(4) For the period commencing with the effective date of
this chapter and ending June 30, 2004, the Department of
Environmental Protection may utilize up to 10% of the money
allocated annually to it under section 6104(d) (relating to
fund) to provide grants for safe drinking water projects and
wastewater treatment projects. Grants under this paragraph
shall be made for the same purposes and shall be subject to
the same limitations as grants authorized in section 6110.
* * *
(e) Administrative expense limitation.--The departments[,]
and the authority [and grant recipients that receive moneys from
the fund for the purposes set forth in this section] may not
expend more than [2%] 2.5% of the moneys received from the fund
on administrative expenses. The Department of Environmental
Protection may not expend more than an aggregate of 2.5% of the
moneys received from the fund and the moneys directed to the
Hazardous Sites Cleanup Fund pursuant to section 6104(d)(4) and
(5) (relating to fund) on administrative expenses. Grant
recipients that receive moneys from the fund for the purposes
set forth in this section may not expend more than 5% of the
moneys received from the fund on administrative expenses.
* * *
[§ 6110. Environmental infrastructure grants to water and
wastewater treatment facilities.
(a) Separate account.--
(1) Savings realized in section 6109 (relating to sewage
construction payments to municipalities) shall be placed in
an account within the fund, which shall be cumulative,
separate from the allocations in section 6104(d) (relating to
fund) and for expenditure by the Department of Environmental
Protection for environmental infrastructure grants to a
county or other municipality, municipal authorities and
school districts for water and wastewater treatment
facilities which:
(i) install or implement new or innovative
technologies in their operations;
(ii) implement pollution prevention techniques in
their operations;
(iii) undertake treatment process modernization or
other improvements, including rehabilitation of
collection and conveyance systems; or
(iv) implement odor abatement programs in their
operations.
(2) A grant from the account shall not be used for the
construction of a new facility. An applicant for funding must
disclose in the application if funding has been applied for
from both the account and the authority. An applicant that
receives funding from the account shall not receive funding
from the authority under this chapter for the same portion of
the project or equipment. An applicant that receives funding
from the authority under this chapter shall not receive
funding from the account for the same portion of the project
or equipment.
(b) Limitation.--Funding under this section shall be limited
to improvements to the physical operation of the treatment
facility and shall not be used for administrative purposes or
for machinery or equipment peripherally related to the
operation.
(c) Funding availability.--Funding shall be available to all
counties or other municipalities, municipal authorities and
school districts on the basis of cost of the environmental or
public health improvement and not based on demographics, per
capita income or other unit of measure not tied to the cost of
the environmental improvement.
(d) Calculation of fund moneys.--The account shall annually
receive the difference between:
(1) the amount paid under the act of August 20, 1953
(P.L.1217, No.339), entitled "An act providing for payments
by the Commonwealth to municipalities which have expended
money to acquire and construct sewage treatment plants in
accordance with the Clean Streams Program and the act,
approved the twenty-second day of June, one thousand nine
hundred thirty-seven (Pamphlet Laws 1987), and making an
appropriation," in 2001-2002; and
(2) the amount paid under section 6109.]
§ 6112. Extension of fees.
* * *
(b) Fee established.--Each operator of a municipal waste
landfill shall pay, in the same manner prescribed in section 701
of the Municipal Waste Planning, Recycling and Waste Reduction
Act, an amount equal to 25¢ per ton of weighted waste or 25¢ per
three cubic yards of volume-measured waste for all solid waste
received at the landfill. [These fees] The fee established by
this subsection shall be paid to the State Treasury and
deposited into the fund[.] and shall not be subject to the
provisions of section 701(d) of the act of July 28, 1988
(P.L.556, No.101), known as the Municipal Waste Planning,
Recycling and Waste Reduction Act.
Section 4. Title 27 is amended by adding sections to read:
§ 6115. Commonwealth indebtedness.
(a) Borrowing authorized.--
(1) Pursuant to section 7(a)(3) of Article VIII of the
Constitution of Pennsylvania and the act of April 13, 2005
(P.L.1, No.1), known as the Growing Greener Environmental
Stewardship and Watershed Protection Enhancement
Authorization Act, the issuing officials are authorized and
directed to borrow, on the credit of the Commonwealth, money
not exceeding in the aggregate the sum of $625,000,000, in
increments of not more than $210,000,000 every two years over
a five-year period after the effective date of this chapter,
not including money borrowed to refund outstanding bonds,
notes or replacement notes as may be necessary to carry out
the purposes of this chapter.
(2) All bonds and notes issued under this chapter shall
be:
(i) exempt from taxation for State and local
purposes; and
(ii) eligible for tax-exempt bond funding status
under existing Federal tax law.
(3) Borrowing authorized under paragraph (1) shall be
carried out in accordance with the provisions of sections 307
and 308 of the act of February 9, 1999 (P.L.1, No.1), known
as the Capital Facilities Debt Enabling Act, including the
terms and conditions of section 307(c).
(b) Sale of bonds and notes.--
(1) All sales of bonds and notes shall be made in
accordance with the provisions of section 309 of the Capital
Facilities Debt Enabling Act.
(2) The proceeds realized from the sale of bonds and
notes, except refunding bonds and replacement notes under
this chapter, shall be used solely for the purposes of this
chapter. The proceeds of the sale of refunding bonds and
replacement notes shall be paid to the State Treasurer and
applied to the payment of principal, any accrued interest and
premium and cost of redemption of the bonds and notes for
which the obligations have been issued.
(3) Pending the allocation under this chapter, money
held or deposited by the State Treasurer may be invested or
reinvested as are other funds in the custody of the State
Treasurer in the manner provided by law. All earnings
received from the investment or deposit of the funds shall be
used for the same purposes as the proceeds realized from the
sale of bonds and notes under this chapter.
(4) The necessary registry book shall be kept in the
office of the authorized loan and transfer agent of the
Commonwealth for the registration of bonds, at the request of
owners of the bonds, according to the terms and conditions of
issue directed by the issuing officials.
(5) There is hereby appropriated to the State Treasurer
from the proceeds realized from the sale of bonds and notes
under this chapter as much money as may be necessary for all
costs and expenses in connection with the issue and sale and
registration of the bonds and notes in connection with this
chapter and the payment of interest arbitrage rebates.
(c) Temporary financing authorization.--
(1) Pending the issuance of bonds of the Commonwealth as
authorized, the issuing officials are authorized, in
accordance with this chapter and on the credit of the
Commonwealth, to make temporary borrowings not to exceed one
year in anticipation of the issue of bonds in order to
provide funds in amounts as deemed advisable prior to the
issue of bonds. In order to provide for and in connection
with any temporary borrowing, the issuing officials are
authorized in the name and on behalf of the Commonwealth to
enter into purchase, loan or credit agreements or other
agreements with any bank or trust company, other lending
institution, investment banking firm or person in the United
States having power to enter into the agreement. The
agreements may contain provisions not inconsistent with this
chapter as authorized by the issuing officials.
(2) Temporary borrowings made under this subsection
shall be made in accordance with the provisions of section
306(b), (c) and (d) of the Capital Facilities Debt Enabling
Act.
(3) Outstanding notes evidencing the borrowings may be
funded and retired by the issuance and sale of the bonds of
the Commonwealth as authorized in this paragraph. The
refunding bonds shall be issued and sold not later than a
date one year after the date of issuance of the first notes
evidencing the borrowing to the extent that payment of the
notes has not otherwise been made or provided for by sources
other than proceeds of replacement notes.
(4) The proceeds of all temporary borrowing shall be
paid to the State Treasurer to be held and disposed of in
accordance with this chapter.
(d) Debt retirement.--
(1) All bonds issued under this chapter shall be
redeemed at maturity, together with all interest due.
Principal and interest payments shall be paid as provided in
this chapter.
(2) By November 1 of each year, the State Treasurer
shall determine and report the following to the Secretary of
the Budget:
(i) The amount of money necessary for the payment of
interest on the outstanding obligations.
(ii) The principal of the obligation for the
following fiscal year.
(iii) The times and amounts of the payments.
(3) The Governor shall include in each annual budget
submitted to the General Assembly complete information
relating to:
(i) The issuance of bonds and notes under this
chapter.
(ii) The status of the fund created under this
chapter.
(iii) The payment of principal of and interest on
the bonds and notes at maturity.
(4) The Secretary of the Budget, upon approval by the
Governor, shall utilize up to $60,000,000 of the moneys in
the fund on an annual basis for payment of principle and
interest for debt service on bonds issued pursuant to this
section and any other debt incurred by the Commonwealth for
projects eligible for funding under this chapter.
(e) Refunding.--The issuing officials may by resolution
issue refunding bonds for the purpose of refunding any
outstanding debt issued under this chapter, either by voluntary
exchange with the holders of the outstanding debt or to provide
funds to redeem and retire the outstanding debt with accrued
interest, and premium payable thereon, and to pay the costs of
issuance and retirement of the debt, at maturity or at any call
date. The issuance of the refunding bonds, the maturities and
other details, the rights of the holders thereof and the duties
of the issuing officials in respect thereto shall be governed by
the provisions of this subsection, as applicable. Refunding
bonds may be issued by the issuing officials to refund debt
originally issued or to refund bonds previously issued for
refunding purposes.
(f) Proceeds restricted.--The proceeds from the sale of
bonds under this section shall only be used to fund capital
improvement projects under sections 6116 (relating to
establishment of bond fund and allocation and use of bond
proceeds) and 6117 (relating to county environmental initiative
program) and shall not be used for salaries and other
administrative costs or expenses.
(g) Prohibition.--No project shall be funded by the proceeds
of the obligations incurred under this section if the project
would cause the bonds to lose their Federal tax-exempt status
under the Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. § 1 et seq.).
(h) Definition.--As used in this section, the term "capital
improvement project" or "project" means a project eligible for
tax-exempt financing under the Internal Revenue Code of 1986.
§ 6116. Establishment of bond fund and allocation and use of
bond proceeds.
(a) Establishment of bond fund.--There is hereby established
a special fund in the State Treasury to be known as the Growing
Greener Bond Fund. Prior to allocation, moneys in the bond fund
may be invested or reinvested as are other funds in the custody
of the State Treasurer in a manner provided by law. The
following amounts shall be deposited by the Treasury Department
into the bond fund:
(1) Funds borrowed under section 6115(a) (relating to
Commonwealth indebtedness) for use as prescribed in this
chapter.
(2) Earnings derived from the investment of the money in
the bond fund after deduction of investment expenses.
(3) Any other money appropriated to the bond fund.
(b) Plan.--An annual allocation plan for the bond fund shall
be submitted by the Governor to the General Assembly as part of
the Governor's annual budget. The allocation plan shall be open
for review and comment by the members of the General Assembly
and shall include a detailed listing of the types of programs to
be funded for the fiscal year. The General Assembly may review
and provide comment on the allocation plan.
(c) Allocation and use of funds.--Moneys in the bond fund
shall be allocated and used as follows:
(1) The amount of $230,000,000 to the Department of
Environmental Protection for its existing programs for
watershed protection, mine and acid mine drainage
remediation, plugging of abandoned oil and gas wells,
advanced energy projects as authorized in subparagraph (i),
flood protection, geological hazards and brownfields
remediation. At least $60,000,000 shall be used for acid mine
drainage abatement and mine cleanup efforts. The Department
of Environmental Protection is authorized to make portions of
these moneys available to the following Commonwealth agencies
and authorities for the purposes designated:
(i) up to $10,000,000 annually to the Energy
Development Authority for advanced energy projects; and
(ii) up to $5,000,000 annually to the Department of
Community and Economic Development for brownfields
remediation.
(2) The amount of $217,500,000 to the Department of
Conservation and Natural Resources for its existing programs
for the improvement of State parks and State forests,
community park and recreation grants and open space
preservation. Not less than $100,000,000 of these moneys
shall be used for facility and infrastructure improvements to
State parks and State forests, and $90,000,000 of these
moneys shall be used for open space conservation. Except for
interior lands of existing State park or State forest lands,
funds under this subsection shall not be used for acquisition
of additional State park or State forest lands without the
approval of the board of commissioners in the county where
the acquisition is situated.
(3) The amount of $80,000,000 to the Department of
Agriculture for its existing county-based farmland
preservation programs.
(4) Not more than $50,000,000 to the Department of
Community and Economic Development for main street and
downtown redevelopment related to smart growth, including
improvements to existing water and wastewater infrastructure.
(5) The amount of $27,500,000 to the Pennsylvania Fish
and Boat Commission for capital improvement projects to its
existing lands and facilities. The executive director of the
Pennsylvania Fish and Boat Commission shall, no later than
June 30 of each year, provide an annual allocation plan
detailing the projects to be funded under this paragraph, the
amount of each project and the anticipated environmental
benefit of the project to the chairman and minority chairman
of the Game and Fisheries Committee of the Senate and the
chairman and minority chairman of the Game and Fisheries
Committee of the House of Representatives.
(6) The amount of $20,000,000 to the Pennsylvania Game
Commission for capital improvement projects to its existing
lands and facilities. The executive director of the
Pennsylvania Game Commission shall, no later than June 30 of
each year, provide an annual allocation plan detailing the
projects to be funded under this paragraph, the amount of
each project and the anticipated environmental benefit of the
project to the chairman and minority chairman of the Game and
Fisheries Committee of the Senate and the chairman and
minority chairman of the Game and Fisheries Committee of the
House of Representatives. Funds under this paragraph shall
not be used for land acquisition.
(d) Definition.--As used in this section, the term "capital
improvement project" or "project" means a project eligible for
tax-exempt financing under the Internal Revenue Code of 1986
(Public Law 99-514, 26 U.S.C. § 1 et seq.).
§ 6117. County environmental initiative program.
(a) Establishment.--There is established the County
Environmental Initiative Program. From within the amounts
allocated in section 6116(c)(1), (2), (3) and (4) (relating to
establishment of bond fund and allocation and use of bond
proceeds), $90,000,000 shall be available for capital
improvement projects designated by counties as set forth in this
section.
(b) Amount of funding.--Each county shall be provided with
an annual funding amount according to its class as designated by
the laws of this Commonwealth. Amounts shall be annually
determined by the Secretary of the Budget, who shall notify the
counties of the same on or before October 1 of each year. Within
the first six fiscal years after the effective date of this
section, each county shall receive the following amounts:
(1) Counties of the first, second and second A class -
$2,700,000.
(2) Counties of the third class - $1,750,000.
(3) Counties of the fourth and fifth class - $1,390,000.
(4) Counties of the sixth, seventh and eighth class -
$1,000,000.
(c) Capital improvement project designation.--Each county,
in consultation with the county conservation district where one
exists, shall annually be permitted to designate capital
improvement projects that are eligible to be funded under
section 6116 up to its funding amount established pursuant to
subsection (b). If a county's proposed project complies with all
laws, regulations and procedures that apply to the program
category for which funding is designated, the applicable
department receiving an allocation under section 6116 shall fund
the project. The applicable department shall consider a county's
recurring environmental and conservation funding levels to
ensure the project supplements existing efforts.
(d) Application of funding.--Funding provided to capital
improvement projects under this section shall be applied against
the total allocations made to the departments under section
6116(c)(1), (2), (3) and (4). Designation of a capital
improvement project by a county under this section shall not
obligate a department to provide funds to the project in excess
of the amount of county environmental initiative funds so
allocated.
(e) Reallocation.--If a county fails to designate capital
improvement projects that will use the entirety of its funding
amount for a fiscal year, the department shall allocate the
remaining funds to other eligible projects.
(f) Definition.--As used in this section, the term "capital
improvement project" or "project" means a project eligible for
tax-exempt financing under the Internal Revenue Code of 1986
(Public Law 99-514, 26 U.S.C. § 1 et seq.).
§ 6118. Interfund transfer.
(a) Transfer.--The Secretary of the Budget, in his
discretion, may annually transfer funds from the Alternative
Fuels Incentive Fund to the fund in such amounts as will allow
the fund to continue to distribute moneys to the departments and
the authority at historic levels.
(b) Amount.--In determining the amount to be transferred
under subsection (a), the Secretary of the Budget shall assure
that sufficient funds remain in the Alternative Fuels Incentive
Fund so that implementation of the Alternative Fuels Incentive
Program, as established in the act of November 29, 2004
(P.L.1376, No.178), known as the Alternative Fuels Incentive
Act, shall not be affected.
§ 6119. Reporting.
(a) State departments and agencies.--Every State department
and agency receiving funds under this chapter shall publish a
report of all projects funded on the department or agency's
publicly accessible Internet website at least annually.
(b) Counties.--Every county designating capital improvement
projects under section 6117 (relating to county environmental
initiative program) shall publish a report of all projects
funded on the county's publicly accessible Internet website at
least annually.
Section 5. Sections 6301 and 6304 of Title 27 are amended to
read:
§ 6301. Disposal fee for municipal waste landfills.
(a) Imposition.--Except as otherwise provided in subsection
(b), each operator of a municipal waste landfill shall pay, in
the same manner prescribed in Chapter 7 of the act of July 27,
1988 (P.L.556, No.101), known as the Municipal Waste Planning,
Recycling and Waste Reduction Act, a disposal fee of $4 per ton
for all solid waste disposed of at the municipal waste landfill.
The fee established in this section shall apply to process
residue and nonprocessible waste from a resource recovery
facility that is disposed of at the municipal waste landfill and
is in addition to the fee established in section 701 of the
Municipal Waste Planning, Recycling and Waste Reduction Act. The
fee established by this subsection shall not be subject to the
provisions of section 701(d) of the Municipal Waste Planning,
Recycling and Waste Reduction Act.
(b) Exceptions.--The fee established under this section
shall not apply to the following:
(1) Process residue and nonprocessible waste that is
permitted for beneficial use or for use as alternate daily
cover at a municipal waste landfill.
(2) Solid waste from a hazardous waste treatment
facility that is converted into nonhazardous waste and
disposed of at a municipal waste landfill.
(c) Operator.--For purposes of imposition of the disposal
fee under this section, the term "operator" shall be defined
consistent with the definition of "operator" in the Municipal
Waste Planning, Recycling and Waste Reduction Act and shall
include municipalities or municipal authorities that operate
disposal facilities.
[§ 6304. Sunset.
No fee or surcharge shall be imposed under this chapter on
and after July 1, 2012.]
Section 6. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment or
addition of the following provisions:
(i) 27 Pa.C.S. § 6103.
(ii) 27 Pa.C.S. § 6104(d), (d.1), (d.2) and (d.3).
(iii) 27 Pa.C.S § 6105(a), (b) and (e).
(iv) 27 Pa.C.S. § 6110.
(v) 27 Pa.C.S. § 6112.
(vi) 27 Pa.C.S. § 6115.
(vii) 27 Pa.C.S. § 6116.
(viii) 27 Pa.C.S. § 6117.
(ix) 27 Pa.C.S. § 6118.
(x) 27 Pa.C.S. § 6119.
(xi) 27 Pa.C.S. § 6301.
(xii) 27 Pa.C.S. § 6304.
(2) Section 602.3(a.1) of the act of March 4, 1971
(P.L.6, No.2), known as the Tax Reform Code of 1971, is
repealed.
Section 7. The amendment of 27 Pa.C.S. § 6301 shall be
retroactive to July 9, 2002.
Section 8. The amendment of 27 Pa.C.S. § 6301 shall be
considered as a codification of the law then in effect.
Section 9. This act shall take effect immediately.
APPROVED--The 13th day of July, A. D. 2005.
EDWARD G. RENDELL
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