Bill Text: PA HB2251 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for definitions and for disposition of fees, fines and civil penalties; establishing the Keystone Vehicle Program; and making editorial changes.

Spectrum: Moderate Partisan Bill (Republican 32-7)

Status: (Introduced - Dead) 2012-03-16 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB2251 Detail]

Download: Pennsylvania-2011-HB2251-Introduced.html

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PRINTER'S NO. 3223
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2251 Session of2012
INTRODUCED BY SAYLOR, BAKER, BOYD, CLYMER, CUTLER, DALEY, DENLINGER, ELLIS, FLECK, GEIST, GERGELY, GILLESPIE, GINGRICH, GODSHALL, GROVE, HARKINS, HARRIS, HICKERNELL, HORNAMAN, F. KELLER, W. KELLER, KOTIK, MAJOR, MARSHALL, MILLER, MOUL, OBERLANDER, PERRY, PETRARCA, PICKETT, ROCK, SCAVELLO, SONNEY, TRUITT AND VULAKOVICH, MARCH 16, 2012
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 16, 2012
AN ACT
Amending the act of January 8, 1960 (1959 P.L.2119, No.787),
entitled, as amended, "An act to provide for the better
protection of the health, general welfare and property of the
people of the Commonwealth by the control, abatement,
reduction and prevention of the pollution of the air by
smokes, dusts, fumes, gases, odors, mists, vapors, pollens
and similar matter, or any combination thereof; imposing
certain powers and duties on the Department of Environmental
Resources, the Environmental Quality Board and the
Environmental Hearing Board; establishing procedures for the
protection of health and public safety during emergency
conditions; creating a stationary air contamination source
permit system; providing additional remedies for abating air
pollution; reserving powers to local political subdivisions,
and defining the relationship between this act and the
ordinances, resolutions and regulations of counties, cities,
boroughs, towns and townships; imposing penalties for
violation of this act; and providing for the power to enjoin
violations of this act; and conferring upon persons aggrieved
certain rights and remedies," further providing for
definitions and for disposition of fees, fines and civil
penalties; establishing the Keystone Vehicle Program; and
making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of January 8, 1960 (1959
P.L.2119, No.787), known as the Air Pollution Control Act,
amended July 9, 1992 (P.L.460, No.95), is amended to read:
Section 3. Definitions.--The following words and phrases,
when used in this act, unless the context clearly indicates
otherwise, shall have the meaning ascribed to them in this
section:
"Administrator." The Administrator of the United States
Environmental Protection Agency.
"Air contaminant." Smoke, dust, fume, gas, odor, mist,
radioactive substance, vapor, pollen or any combination thereof.
"Air contamination." The presence in the outdoor atmosphere
of an air contaminant which contributes to any condition of air
pollution.
"Air contamination source." Any place, facility or
equipment, stationary or mobile, at, from or by reason of which
there is emitted into the outdoor atmosphere any air
contaminant.
"Air pollution." The presence in the outdoor atmosphere of
any form of contaminant, including, but not limited to, the
discharging from stacks, chimneys, openings, buildings,
structures, open fires, vehicles, processes or any other source
of any smoke, soot, fly ash, dust, cinders, dirt, noxious or
obnoxious acids, fumes, oxides, gases, vapors, odors, toxic,
hazardous or radioactive substances, waste or any other matter
in such place, manner or concentration inimical or which may be
inimical to the public health, safety or welfare or which is or
may be injurious to human, plant or animal life or to property
or which unreasonably interferes with the comfortable enjoyment
of life or property.
"Applicant." A company which meets the eligibility
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requirements for a Keystone Vehicle Grant.
"Approved air pollution control agency." An air pollution
control agency of any political subdivision of the Commonwealth
which has been granted approval by the Environmental Quality
Board.
"Board" or "EQB." The Environmental Quality Board.
"Clean Air Act." Public Law 95-95 as amended, 42 U.S.C. §
7401 et seq.
"Company." An entity doing business in this Commonwealth
which owns five or more vehicles and which is subject to tax
under Article III, IV or VI of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971. The term includes
the shareholder of a Pennsylvania S corporation that is eligible
for a Keystone Vehicle Grant.
"Conversion plan." A natural gas conversion plan.
"Dedicated compressed natural gas vehicle." A new vehicle
that operates on ninety per centum (90%) or more compressed
natural gas fuel and ten per centum (10%) or less on gasoline or
diesel fuel.
"Dedicated liquefied natural gas vehicle." A new vehicle
that operates on ninety per centum (90%) or more liquefied
natural gas fuel and ten per centum (10%) or less on gasoline or
diesel fuel.
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth.
"Environmental Protection Agency" or "EPA." The United
States Environmental Protection Agency or the Administrator of
the United States Environmental Protection Agency.
"Fleet vehicle." A vehicle registered to a company.
"Gasoline-dispensing facility." A facility from which
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gasoline is transferred to motor vehicle fuel tanks.
"Hearing board." The Environmental Hearing Board.
"Incremental cost." The excess cost of a new natural gas
motor vehicle over the price for a gasoline or diesel fuel motor
vehicle of the same or similar model.
"Keystone Vehicle Grant." A grant awarded under section
14.2.
"Natural gas conversion plan." A company's plan to convert
their vehicle fleet to compressed or liquid natural gas-fueled
vehicles by purchasing new natural gas motor vehicles.
"New natural gas motor vehicle." Any of the following:
(1) A dedicated compressed natural gas vehicle.
(2) A dedicated liquefied natural gas vehicle.
"Person." Any individual, public or private corporation for
profit or not for profit, association, partnership, firm, trust,
estate, department, board, bureau or agency of the Commonwealth
or the Federal Government, political subdivision, municipality,
district, authority or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties.
"Plan approval." The written approval from the Department of
Environmental Resources which authorizes a person to construct,
assemble, install or modify any stationary air contamination
source or install thereon any air pollution control equipment or
device.
"Region." Any geographical subdivision of the Commonwealth
whose boundaries shall be determined by the Environmental
Quality Board.
"Secretary." The Secretary of Environmental Protection of
the Commonwealth.
"Small business stationary source." A stationary source
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that:
(1) is owned or operated by a person that employs one
hundred (100) or fewer individuals;
(2) is a small business as defined in the Small Business Act
(Public Law 85-536, 15 U.S.C. § 78a et seq.);
(3) is not a major stationary source;
(4) does not emit fifty (50) tons per year of any regulated
pollutant; and
(5) emits less than seventy-five (75) tons per year of all
regulated pollutants.
"Start date." The date on which a company will begin a
company's conversion plan to natural gas motor vehicles.
"State implementation plan." The plan or plan revision that
a state is authorized and required to submit under section 110
of the Clean Air Act (Public Law 95-95 as amended, 42 U.S.C. §
7410) to provide for attainment of the national ambient air
quality standards.
"Stationary air contamination source." Any air contamination
source other than that which, when operated, moves in a given
direction under its own power.
Section 2. Section 9.2(a) of the act, amended July 7, 2011
(P.L.271, No.57), is amended to read:
Section 9.2. Disposition of Fees, Fines and Civil
Penalties.--(a) (1) Except as provided under clause (2) and
subsection (a.1), [all] the following shall apply:
(i) All fines, civil penalties and fees collected under this
act shall be paid into the Treasury of the Commonwealth in a
special fund known as the Clean Air Fund, hereby established,
which, along with interest earned, shall be administered by the
department for use in the elimination of air pollution.
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(ii) The department may establish such separate accounts as
may be necessary or appropriate to implement the requirements of
this act and the Clean Air Act.
(iii) The board shall adopt rules and regulations for the
management and use of the money in the fund.
(2) Beginning in fiscal year 2012-2013 through fiscal year
2017-2018, six million dollars ($6,000,000.00) of the amount of
funds deposited in the Clean Air Fund shall annually be used for
Keystone Vehicle Grants.
* * *
Section 3. The act is amended by adding sections to read:
Section 14. Keystone Vehicle Program.--The Keystone Vehicle
Program is established to award Keystone Vehicle Grants and
shall be administered by the department in accordance with this
act.
Section 14.1. Keystone Vehicle Grants.--(a) In order to be
eligible to receive a Keystone Vehicle Grant, a company must
provide or demonstrate to the department the following:
(1) A comprehensive natural gas conversion plan of fleet
vehicles within four years of the start date which is
financially viable and includes the construction and utilization
of a natural gas fueling station in this Commonwealth or the use
of an existing natural gas fueling station in this Commonwealth.
(2) A statement of the projected usage of natural gas stated
in gasoline gallon equivalents accompanied by the methodology
utilized.
(3) The intent to maintain operations in this Commonwealth
for a period of not less than six (6) years from the start date.
(4) Either:
(i) an agreement between the applicant and a third-party
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natural gas fueling provider in this Commonwealth to supply
natural gas fuel to the fleet if the Keystone Vehicle Grant is
awarded; or
(ii) a minimum fuel usage of 324,000 gasoline gallon
equivalents per year or more. Fuel usage requirements may be met
from a single applicant or multiple companies under a single
application if:
(A) The companies have an agreement to utilize a single
natural gas fueling facility in this Commonwealth.
(B) The companies demonstrate that the utilization of the
single natural gas fueling facility would be at a minimum level
of 324,000 gasoline gallon equivalents per year.
(5) The majority of operations to be performed by the new
natural gas motor vehicles purchased with the Keystone Vehicle
Grant will be for any of the following:
(i) The transportation of persons or goods from between
points within this Commonwealth.
(ii) The transportation of persons or goods from between
points in this Commonwealth and points outside this
Commonwealth.
(iii) A combination of the operations under subparagraphs
(i) and (ii).
(6) All of the new natural gas motor vehicles purchased with
the Keystone Vehicle Grant will be registered in this
Commonwealth.
(7) The company's start date will be no more than ninety
(90) days following the receipt of a Keystone Vehicle Grant by
the company.
(b) The following shall constitute eligible vehicle types
under the Keystone Vehicle Program:
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(1) Dedicated compressed natural gas vehicles having a gross
vehicle weight rating of at least 33,000 pounds.
(2) Dedicated liquefied natural gas vehicles having a gross
vehicle weight rating of at least 33,000 pounds.
Section 14.2. Application Process.--(a) A company must
complete and submit to the department a Keystone Vehicle Program
application.
(b) The department shall review each application submitted
under subsection (a) and may, in its sole discretion, approve a
Keystone Vehicle Grant for eligible applicants. The department
and the company whose application has been approved for a
Keystone Vehicle Grant shall execute a commitment letter
containing the following:
(1) A description of the natural gas conversion plan which
shall include a statement of the projected minimum yearly
natural gas usage in terms of gasoline gallon equivalents.
(2) The amount of private capital investment in the plan.
(3) A signed statement that the company intends to complete
its plan and remain in this Commonwealth for six (6) years from
the start date.
(4) Any other information as the department deems
appropriate.
(c) After a commitment letter has been signed by the
Commonwealth and the company, the company shall receive a
Keystone Vehicle Grant.
Section 14.3. Keystone Vehicle Grant Funding and
Limitations.--(a) The amount under section 9.2(a)(2) shall be
transferred annually to fund the Keystone Vehicle Program.
(b) A company that is approved to receive a Keystone Vehicle
Grant shall use the funds to purchase new natural gas motor
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vehicles.
(c) A company may receive a Keystone Vehicle Grant of up to
fifty per centum (50%) of the incremental cost for new natural
gas motor vehicles having a gross vehicle weight rating of at
least 33,000 pounds. The incremental cost for vehicles shall be
capped at fifty thousand dollars ($50,000.00).
Section 14.4. Guidelines.--The department shall establish
guidelines for the approval of applications under section 14.2.
Section 14.5. Penalties.--(a) A company which receives a
Keystone Vehicle Grant and fails to attain at least ninety per
centum (90%) of the projected minimum yearly natural gas usage
as stated in the commitment letter by the conclusion of the
fourth year after the start date shall refund to the
Commonwealth the total amount of the Keystone Vehicle Grant.
(b) A company which receives a Keystone Vehicle Grant and
fails to complete the natural gas conversion plan within four
(4) years shall refund to the Commonwealth the total amount of
the Keystone Vehicle Grant.
(c) A company which receives a Keystone Vehicle Grant and
fails to maintain registration in this Commonwealth of all new
natural gas motor vehicles purchased with the Keystone Vehicle
Grant for a minimum of six (6) years shall refund to the
Commonwealth the total amount of the Keystone Vehicle Grant per
new natural gas motor vehicle for each new natural gas motor
vehicle that has not maintained registration in this
Commonwealth.
(d) If a company fails to meet the operations requirements
under section 14.1(a)(5), the total amount of the Keystone
Vehicle Grant shall be refunded to the Commonwealth.
(e) (1) The department may waive the penalties under
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subsections (a), (b), (c) and (d) if it is determined that a
company's natural gas conversion plan was not completed because
of circumstances beyond the company's control, including natural
disasters, unforeseen industry trends or a loss of a major
supplier or market.
(2) The company shall promptly notify the department of
circumstances beyond its control which would delay completion of
the plan.
Section 14.6. Report to General Assembly.--Not later than
June 1, 2013, and each June 1 thereafter, the department shall
submit a report on the Keystone Vehicle Grants awarded under
section 14.2. The report shall include the names of companies
who utilized the Keystone Vehicle Grants as of the date of the
report and the amount of Keystone Vehicle Grants approved. The
report may include recommendations for changes in the
calculation or administration of the Keystone Vehicle Program
and other information as the department deems appropriate. The
report shall be submitted to all of the following:
(1) The chairman and minority chairman of the Appropriations
Committee of the Senate.
(2) The chairman and minority chairman of the Appropriations
Committee of the House of Representatives.
(3) The chairman and minority chairman of the Finance
Committee of the Senate.
(4) The chairman and minority chairman of the Finance
Committee of the House of Representatives.
Section 14.7. Regulations.--The secretary shall promulgate
regulations necessary for the implementation and administration
of the Keystone Vehicle Program.
Section 4. Sections 14 and 15 of the act are renumbered to
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read:
Section [14] 41. Severability.--The provisions of this act
are severable and if any provision, sentence, clause, section or
part thereof shall be held illegal, invalid, unconstitutional or
inapplicable to any person or circumstances, such illegality,
invalidity, unconstitutionality or inapplicability shall not
affect or impair any of the remaining provisions, sentences,
clauses, sections or parts of the ordinance or their application
to him or to other persons and circumstances. It is hereby
declared to be the legislative intent that this act would have
been adopted if such illegal, invalid or unconstitutional
provision, sentence, clause, section or part had not been
included therein, and if the person or circumstances to which
the ordinance or any part thereof is inapplicable had not
specifically been exempted therefrom.
Section [15] 42. Effective Date.--This act shall take effect
immediately: Provided, however, That the rules and regulations
promulgated pursuant to the provisions of this act shall be of
no effect until one (1) year after the passage of this act.
Section 5. The provisions of 25 Pa. Code § 143.1(a) are
abrogated to the extent they are inconsistent with the
following:
(1) The amendment of sections 3 and 9.2 of the act.
(2) The addition of sections 14, 14.1, 14.2, 14.3, 14.4,
14.5, 14.6 and 14.7 of the act.
Section 6. This act shall take effect in 60 days.
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