| SENATE AMENDED |
| PRIOR PRINTER'S NO. 2334 | PRINTER'S NO. 2516 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, REPORTED AS AMENDED, IN SENATE, JULY 28, 2009 |
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| AN ACT |
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1 | Amending the act of July 9, 2008 (P.L.908, No.63), entitled "An |
2 | act providing for the allocation of money in the Pennsylvania |
3 | Gaming Economic Development and Tourism Fund and for funding |
4 | of water or sewer projects, storm water projects, flood |
5 | control projects and high hazard unsafe dam projects," in |
6 | allocation of funds, providing for certification of funds and |
7 | for request for appropriation; and in water or sewer, storm |
8 | water, flood control and high hazard unsafe dam projects, |
9 | further providing for Commonwealth Financing Authority and |
10 | for review by agencies. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. The act of July 9, 2008 (P.L.908, No.63), known |
14 | as the H2O PA Act, is amended by adding sections to read: |
15 | Section 302. Certification of funds. |
16 | On or before January 1 of each year, the Secretary of the |
17 | Budget shall certify to the authority and the State Treasurer |
18 | the amount of funds available for transfer under the provisions |
19 | of section 301 for the next fiscal year. |
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1 | Section 303. Request for appropriation. |
2 | If inadequate funds are available under 4 Pa.C.S. § 1407 | <-- |
3 | (relating to Pennsylvania Gaming Economic Development and |
4 | Tourism Fund) or under the act of July 25, 2007 (P.L.342, |
5 | No.53), known as the Pennsylvania Gaming Economic Development |
6 | and Tourism Fund Capital Budget Itemization Act of 2007, to pay |
7 | all the costs related to indebtedness incurred to fund projects |
8 | under this act, the Secretary of the Budget on behalf of the |
9 | Commonwealth Financing Authority shall seek an appropriation |
10 | from the General Fund to fully pay the costs. |
11 | Section 2. Sections 501(d) and 503(c) of the act are amended |
12 | to read: |
13 | Section 501. Commonwealth Financing Authority. |
14 | * * * |
15 | (d) Making of grants.--Grants shall be made as follows: |
16 | (1) A minimum of [$100,000,000] $85,000,000 shall be |
17 | awarded to flood control projects. |
18 | (2) A minimum of [$35,000,000] $50,000,000 shall be |
19 | awarded to high hazard unsafe dam projects. No more than |
20 | $20,000,000 may go to an eligible applicant that is the |
21 | Commonwealth or an independent agency. |
22 | * * * |
23 | Section 503. Review by agencies. |
24 | * * * |
25 | (c) High hazard unsafe dams.--The department shall review |
26 | all applications for grants under section 502(a)(3)[.] subject |
27 | to the following provisions: |
28 | (1) The review shall include an analysis of the |
29 | following: |
30 | (i) The level of hazard posed by the dam. |
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1 | (ii) Whether the proposed project represents the |
2 | most cost-effective way to address the hazard. |
3 | (2) To be eligible, the owner of the high hazard unsafe |
4 | dam shall: |
5 | (i) Obtain all applicable permits required under the |
6 | act of November 26, 1978 (P.L.1375, No.325), known as the |
7 | Dam Safety and Encroachments Act. |
8 | (ii) Develop an emergency action plan as required by |
9 | section 5(a)(4) of the Dam Safety and Encroachments Act |
10 | and distribute the plan to affected county and municipal |
11 | emergency management officials. |
12 | (iii) Comply with all inspection requirements and |
13 | submit inspection reports to the department as required |
14 | by law. |
15 | (3) Notwithstanding any other provision of this act to |
16 | the contrary, a not-for-profit organization that owns a high |
17 | hazard unsafe dam and has filed with the authority an |
18 | application for a grant under section 502(a)(3) prior to the |
19 | effective date of this paragraph shall be an eligible |
20 | applicant for a grant under section 502(a)(3). |
21 | Section 3. This act shall take effect in 60 days. |
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