Pennsylvania Act 2006-140 — MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT - SUNSET FOR RECYCLING FEE AND FOR PERFORMANCE GRANTS FOR MUNICIPAL RECYCLING PROGRAMS

Act text

MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT - SUNSET FOR
RECYCLING FEE AND FOR PERFORMANCE GRANTS FOR MUNICIPAL RECYCLING PROGRAMS
                 Act of Nov. 9, 2006, P.L. 1347, No. 140              Cl. 27
                             Session of 2006
                               No. 2006-140

     HB 1902

                                  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 sunset for
        recycling fee and for performance grants for municipal
        recycling programs.

        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 December 9, 2002
     (P.L.1404, No.175), is amended to read:
      Section 701.  Recycling fee for municipal waste landfills and
                    resource recovery facilities.
        * * *
        (d)  Sunset for fee.--No fee shall be imposed under this
     section on and after January 1, [2009] 2012.
        Section 2.  Section 904(a) and (d) of the act are amended and
     the section is amended by adding a subsection to read:
      Section 904.  Performance grants for municipal recycling
                    programs.
        (a)  Authorization.--The department shall award annual
     performance grants for municipal recycling programs, upon
     application from a municipality. The application shall be made
     on a form prepared and furnished by the department. The
     application shall contain such information as the department
     deems necessary to carry out the provisions and purposes of this
     act[.], including, but not limited to, information pertaining to
     details of the applicant's recycling and composting programs.
        * * *
        (d)  Prerequisites.--The department shall not award any grant
     under this section unless [the application is complete and
     accurate, and the materials were actually marketed. The
     department shall not award any grant under this section for the
     operation of a leaf waste composting facility.] it is
     demonstrated to the department's satisfaction that:
            (1)  The application is complete and accurate.
            (2)  The materials were actually marketed.
            (3)  The materials have not been produced by a leaf or
        other organics composting facility.
            (4)  Mandated curbside municipalities and other
        municipalities, except for counties, receiving more than
        $10,000 in funding under this section have met the following
        performance requirements:
                (i)  Requires, through ordinance, that all residents
            have waste and recycling service.
                (ii)  Has an implemented residential recycling
            program and facilitates a commercial recycling program or
            participates in a similar county or multimunicipal
            program.
                (iii)  Has a residential and business recycling
            education program.
                (iv)  Has a program of enforcement that periodically
            monitors participation, receives complaints and issues
            warnings for required participants and provides fines,
            penalties, or both, in its recycling ordinance.
                (v)  Has provisions, participates in a county or
            multimunicipal program or facilitates a private sector
            program for the recycling of special materials.
                (vi)  Sponsors a program, facilitates a program or
            supports an organization to address illegal dumping
            and/or littering problems.
                (vii)  Has a person or entity designated as recycling
            coordinator who is responsible for recycling data
            collection and reporting recycling program performance in
            the municipality or municipalities.
            (5)  If the requirements of paragraph (4) are not
        satisfied by the municipality, then the grant funds awarded
        under this section shall be expended by the municipality only
        to satisfy the requirements of paragraph (4).
            (6)  If the requirements of paragraph (4) are satisfied
        by the municipality, then the grant funds awarded under this
        section may be expended by the municipality on any expense as
        determined in the discretion of the municipality.
        (e)  Compliance.--The department may require budget documents
     or other expenditure records and may deny funding through this
     section if an applicant cannot demonstrate that funds have been
     expended on eligible activities.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 9th day of November, A. D. 2006.

     EDWARD G. RENDELL