Bill Text: PA HB206 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for powers and duties of counties.

Sponsorship: Slight Partisan Bill (Republican 17-10)

Status: (Introduced - Dead) 2011-01-25 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB206 Detail]

Download: Pennsylvania-2011-HB206-Introduced.html

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PRINTER'S NO. 158
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 206 Session of2011
INTRODUCED BY SCAVELLO, CALTAGIRONE, CARROLL, EVERETT, GEIST, GEORGE, GROVE, HARKINS, HARRIS, HENNESSEY, M.K. KELLER, KORTZ, LONGIETTI, MAJOR, MILLARD, MILLER, MOUL, PYLE, REICHLEY, K. SMITH AND WAGNER, JANUARY 25, 2011
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 25, 2011
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 powers and
duties of counties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 303 of the act of July 28, 1988 (P.L.556,
No.101), known as the Municipal Waste Planning, Recycling and
Waste Reduction Act, is amended by adding a subsection to read:
Section 303. Powers and duties of counties.
* * *
(g) Recycling and waste management fee.--
(1) A county or its designated agent may impose a
recycling and waste management fee on municipal solid waste
generated within its borders or outside this Commonwealth, or
both, and received at resource recovery facilities or
municipal waste landfills.
(2) (i) The fee shall not exceed $4 per ton.
(ii) For municipal solid waste that is generated
within the borders of a county imposing the fee,
regardless of whether the municipal solid waste is
received in that county, the fee shall be collected by
the operator of the resource recovery facility or
municipal waste landfill that receives the municipal
solid waste and shall be paid to the county in which the
municipal solid waste was generated or the agent of the
county on a quarterly basis or as otherwise negotiated
between the county and the owner.
(iii) For municipal solid waste that is generated
outside this Commonwealth and that is received at a
resource recovery facility or municipal waste landfill in
a county imposing the fee, the fee shall be collected by
the operator of the resource recovery facility or
municipal waste landfill and paid to the county on a
quarterly basis or as otherwise negotiated between the
county and the owner.
(3) The transporter or transfer station that is charged
a fee pursuant to this subsection may pass through and obtain
the fee from the generator of such waste as a surcharge on
any fee schedule established pursuant to law, ordinance,
resolution or contract for solid waste collection, transfer,
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transport and delivery.
(4) Funds generated by the fee imposed under this
subsection shall be deposited in a dedicated account or fund
of the county to be used exclusively for recycling and waste
management activities, services, staff or plan
implementation. These activities may include:
(i) Recycling and composting collection, processing,
marketing, research or program planning.
(ii) Related alternative energy, waste and recycling
activities.
(iii) Collections for special materials.
(iv) Household hazardous waste or universal waste
programs.
(v) Illegal dump and litter remediation and
prevention activities.
(vi) Public education and promotion associated with
and enforcement of waste and recycling programs.
(vii) Staff and overhead costs associated with
administration and implementation of these programs.
(5) The county solid waste advisory committee, as
described in section 503(a), or its designee, shall review a
spending plan for the funds collected under this subsection,
make suggestions and propose any changes it believes
appropriate.
(6) Counties or their agents may enter into agreements
with municipalities, councils of governments or other
appropriate agencies to provide these services.
(7) This subsection shall not be construed to preclude:
(i) Counties or their designated agent from
negotiating other fees to support programs described in
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paragraph (4).
(ii) Municipalities or their agents from charging
user fees for services incident to their self-
administered or contracted recycling programs.
Section 2. This act shall take effect in 60 days.
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