Bill Text: PA HB961 | 2009-2010 | Regular Session | Amended

---

Bill Title: In recycling fee, further providing for recycling fee for municipal waste landfills and resource recovery facilities.

Spectrum: Slight Partisan Bill (Democrat 29-18)

Status: (Passed) 2010-05-12 - Act No. 24 [HB961 Detail]

Download: Pennsylvania-2009-HB961-Amended.html

---

SENATE AMENDED
PRIOR PRINTER'S NO. 1099 PRINTER'S NO. 3563
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 961 Session of2009
INTRODUCED BY BUXTON, MANN, BRENNAN, CALTAGIRONE, D. COSTA, DeLUCA, EVERETT, FAIRCHILD, FRANKEL, GEORGE, GIBBONS, GRELL, HALUSKA, HARRIS, HENNESSEY, HESS, HOUGHTON, JOSEPHS, M. KELLER, KORTZ, KULA, LONGIETTI, MANDERINO, MELIO, MILNE, MUNDY, M. O'BRIEN, O'NEILL, PETRI, READSHAW, ROSS, SCAVELLO, SIPTROTH, K. SMITH, STABACK, SWANGER, TRUE, VITALI, VULAKOVICH, WATSON, WHEATLEY, YUDICHAK, HORNAMAN, HARPER, YOUNGBLOOD, FREEMAN AND BRIGGS, MARCH 17, 2009
SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, APRIL 19, 2010
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 providing for the sunset <--
date for fees in recycling fee, further providing for <--
recycling fee for municipal waste landfills and resource
recovery facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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, amended November 9, 2006
(P.L.1347, No.140), is amended to read:
Section 701. Recycling fee for municipal waste landfills and
resource recovery facilities.
(a) Imposition.--There is imposed a recycling fee of $2 per
ton for all solid waste processed at resource recovery
facilities and for all solid waste except process residue and
nonprocessible waste from a resource recovery facility that is
disposed of at municipal waste landfills. Such fee shall be paid
by the operator of each municipal waste landfill and resource
recovery facility.
(b) Alternative calculation.--The fee for operators of
municipal waste landfills and resource recovery facilities that
do not weigh solid waste when it is received shall be calculated
as if three cubic yards were equal to one ton of solid waste.
(c) Waste weight requirement.--On and after April 9, 1990,
each operator of a municipal waste landfill and resource
recovery facility that has received 30,000 or more cubic yards
of solid waste in the previous calendar year shall weigh all
solid waste when it is received. The scale used to weigh solid
waste shall conform to the requirements of the act of December
1, 1965 (P.L.988, No.368), known as the Weights and Measures Act
of 1965, and the regulations promulgated pursuant thereto. The
operator of the scale shall be a licensed public weighmaster
under the act of April 28, 1961 (P.L.135, No.64), known as the
Public Weighmaster's Act, and the regulations promulgated
pursuant thereto.
(d) Sunset for fee.--No fee shall be imposed under this
section on and after [January 1, 2012] December 31, 2015. <--
Section 2. This act shall take effect in 60 days. January 1, <--
20090HB0961PN3563 - 2 -
[2012] 2020.
Section 2. The act is amended by adding a section to read:
Section 707. Used tire pile remediation.
(a) Funding transfers.--Beginning in fiscal year 2009-2010,
through and including fiscal year 2012-2013, $1,250,000 shall be
transferred annually from the Recycling Fund created under
section 706 to the Used Tire Pile Remediation Restricted Account
established under section 110 of the act of December 19, 1996
(P.L.1478, No.190), entitled "An act relating to the recycling
and reuse of waste tires; providing for the proper disposal of
waste tires and the cleanup of stockpiled tires; authorizing
investment tax credits for utilizing waste tires; providing
remediation grants for the cleanup of tire piles and for
pollution prevention programs for small business and households;
establishing the Small Business and Household Pollution
Prevention Program and management standards for small business
hazardous waste; providing for a household hazardous waste
program and for grant programs; making appropriations; and
making repeals."
(b) Use of funding.--For fiscal year 2009-2010 through
fiscal year 2012-2013 moneys in the account shall be used for
the following purposes:
(1) The remediation of waste tire piles on the priority
enforcement list maintained by the department pursuant to
section 107(a) and (b) of the act of December 19, 1996
(P.L.1478, No.190).
(2) The remediation of waste tire piles on the list of
additional waste tire sites maintained by the department
pursuant to section 107(d) of the act of December 19, 1996
(P.L.1478, No.190).
20090HB0961PN3563 - 3 -
(3) For the award of grants pursuant to section 111 of
the act of December 19, 1996 (P.L.1478, No.190) for
remediation of waste tire piles as provided in this
subsection or for activities authorized under that section
which the department determines will assist with the
remediation of waste tire piles as provided in this
subsection.
(c) Annual report by department.--No later than December 31,
2010, and no later than each December 31 thereafter, the
department shall provide a report to the Environmental Resources
and Energy Committee of the Senate, the Appropriations Committee
of the Senate, the Environmental Resources and Energy Committee
of the House of Representatives and the Appropriations Committee
of the House of Representatives on the Used Tire Pile
Remediation Restricted Account and the remediation of used tire
piles. The last report to be submitted by the department
pursuant to this subsection shall be submitted no later than
December 31, 2014. Within seven days following submission of
each report to the Senate and House committees, the department
shall post the report on the department's publicly accessible
Internet website. The report shall include:
(1) The current balance of the account and the projected
balance of the account at the end of the fiscal year for
which the department's budget is being submitted.
(2) A listing of waste tire piles remediated or to be
remediated pursuant to subsection (b) during the prior fiscal
year and cumulatively since the effective date of this
subsection.
(3) Those waste tire piles which the department expects
to remediate pursuant to subsection (b) during the fiscal
20090HB0961PN3563 - 4 -
year for which its budget is being submitted and the
projected cost for remediation of those waste tire piles.
(4) Those waste tire piles which will remain to be
remediated pursuant to subsection (b) and the projected cost
for remediation of those waste tire piles.
Section 3. This act shall take effect immediately.
20090HB0961PN3563 - 5 -