Pennsylvania Act 2005-45 — ENVIRONMENTAL RESOURCES (27 PA.C.S.) - OMNIBUS AMENDMENTS

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