Bill Text: PA HB1798 | 2009-2010 | Regular Session | Amended

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Bill Title: In allocation of funds, providing for certification of funds and for request for appropriation; and in water or sewer, storm water, flood control and high hazard unsafe dam projects, further providing for Commonwealth Financing Authority and for review by agencies.

Spectrum: Moderate Partisan Bill (Democrat 22-6)

Status: (Engrossed - Dead) 2009-09-09 - Re-referred to APPROPRIATIONS [HB1798 Detail]

Download: Pennsylvania-2009-HB1798-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NO. 2334 PRINTER'S NO. 2516
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1798 Session of2009
INTRODUCED BY EACHUS, CARROLL, REICHLEY, MANN, STURLA, YOUNGBLOOD, PAYTON, GEORGE, D. COSTA, DALEY, HARKINS, JOSEPHS, MILNE, M. O'BRIEN, PASHINSKI, PYLE, SIPTROTH, BRADFORD, WHITE, BRIGGS, CALTAGIRONE, McILVAINE SMITH, HANNA, STABACK, K. SMITH, BEAR, SCAVELLO AND MENSCH, JUNE 30, 2009
SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, REPORTED AS AMENDED, IN SENATE, JULY 28, 2009
AN ACT
Amending the act of July 9, 2008 (P.L.908, No.63), entitled "An
act providing for the allocation of money in the Pennsylvania
Gaming Economic Development and Tourism Fund and for funding
of water or sewer projects, storm water projects, flood
control projects and high hazard unsafe dam projects," in
allocation of funds, providing for certification of funds and
for request for appropriation; and in water or sewer, storm
water, flood control and high hazard unsafe dam projects,
further providing for Commonwealth Financing Authority and
for review by agencies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 9, 2008 (P.L.908, No.63), known
as the H2O PA Act, is amended by adding sections to read:
Section 302. Certification of funds.
On or before January 1 of each year, the Secretary of the
Budget shall certify to the authority and the State Treasurer
the amount of funds available for transfer under the provisions
of section 301 for the next fiscal year.
Section 303. Request for appropriation.
If inadequate funds are available under 4 Pa.C.S. § 1407 <--
(relating to Pennsylvania Gaming Economic Development and
Tourism Fund) or under the act of July 25, 2007 (P.L.342,
No.53), known as the Pennsylvania Gaming Economic Development
and Tourism Fund Capital Budget Itemization Act of 2007, to pay
all the costs related to indebtedness incurred to fund projects
under this act, the Secretary of the Budget on behalf of the
Commonwealth Financing Authority shall seek an appropriation
from the General Fund to fully pay the costs.
Section 2. Sections 501(d) and 503(c) of the act are amended
to read:
Section 501. Commonwealth Financing Authority.
* * *
(d) Making of grants.--Grants shall be made as follows:
(1) A minimum of [$100,000,000] $85,000,000 shall be
awarded to flood control projects.
(2) A minimum of [$35,000,000] $50,000,000 shall be
awarded to high hazard unsafe dam projects. No more than
$20,000,000 may go to an eligible applicant that is the
Commonwealth or an independent agency.
* * *
Section 503. Review by agencies.
* * *
(c) High hazard unsafe dams.--The department shall review
all applications for grants under section 502(a)(3)[.] subject
to the following provisions:
(1) The review shall include an analysis of the
following:
(i) The level of hazard posed by the dam.
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(ii) Whether the proposed project represents the
most cost-effective way to address the hazard.
(2) To be eligible, the owner of the high hazard unsafe
dam shall:
(i) Obtain all applicable permits required under the
act of November 26, 1978 (P.L.1375, No.325), known as the
Dam Safety and Encroachments Act.
(ii) Develop an emergency action plan as required by
section 5(a)(4) of the Dam Safety and Encroachments Act
and distribute the plan to affected county and municipal
emergency management officials.
(iii) Comply with all inspection requirements and
submit inspection reports to the department as required
by law.
(3) Notwithstanding any other provision of this act to
the contrary, a not-for-profit organization that owns a high
hazard unsafe dam and has filed with the authority an
application for a grant under section 502(a)(3) prior to the
effective date of this paragraph shall be an eligible
applicant for a grant under section 502(a)(3).
Section 3. This act shall take effect in 60 days.
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