Pennsylvania Act 2007-77 — HAZARDOUS SITES CLEANUP FUND FUNDING ACT - ENACTMENT

Act text

HAZARDOUS SITES CLEANUP FUND FUNDING ACT - ENACTMENT
                  Act of Dec. 18, 2007, P.L. 486, No. 77              Cl. 27
                                  AN ACT

     Providing for the Hazardous Sites Cleanup Fund, for its funding,
        for expenditures from the fund and for audits of the fund;
        making an appropriation; and making related repeals.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Hazardous
     Sites Cleanup Fund Funding Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Department."  The Department of Environmental Protection of
     the Commonwealth.
        "Fund."  The Hazardous Sites Cleanup Fund.
     Section 3.  Lapsing of prior legislative appropriations.
        (a)  Determination.--Within ten days of the effective date of
     this section, the State Treasurer shall determine the amounts of
     appropriations for the Legislative Department under the general
     appropriation acts for all fiscal periods prior to July 1, 2007,
     which remain unexpended, uncommitted or unencumbered as of the
     effective date of this section.
        (b)  Lapse of Legislative Department amounts.--Any amounts
     remaining of appropriations for the Legislative Department
     enacted in general appropriation acts prior to July 1, 2004,
     which are unexpended, uncommitted or unencumbered as of the
     effective date of this section are hereby automatically lapsed.
        (c)  Lapse of Capitol Centennial Commission amounts.--Any
     amounts remaining of appropriations for the Legislative
     Department for the Capitol Centennial Commission which remain
     unexpended, uncommitted or unencumbered as of the effective date
     of this section are hereby automatically lapsed.
        (d)  Lapse of certain amounts.--Eight and one-half percent of
     any amount remaining unexpended, uncommitted or unencumbered in
     each appropriation for the Legislative Department enacted in a
     general appropriation act after June 30, 2004, and prior to July
     1, 2007, is hereby automatically lapsed.
        (e)  Actions.--The State Treasurer shall take such actions as
     may be necessary to effectuate the lapse of funds provided by
     this section.
     Section 4.  Transfer of funds.
        (a)  Transfer for future fiscal years.--In fiscal years
     beginning after June 30, 2008, the State Treasurer shall
     transfer $40,000,000 of the revenues received pursuant to the
     tax imposed under Article VI of the act of March 4, 1971 (P.L.6,
     No.2), known as the Tax Reform Code of 1971, to the fund.
        (b)  Transfer.--A sum of money equal to the amount lapsed
     under section 3 shall be transferred to the Hazardous Sites
     Cleanup Fund by the State Treasurer within 30 days of the
     effective date of this section.
     Section 5.  Appropriation.
        Money deposited in the fund is appropriated upon
     authorization of the Governor for expenditures by the department
     for the purposes enumerated in section 902(a) of the act of
     October 18, 1988 (P.L.756, No.108), known as the Hazardous Sites
     Cleanup Act.
     Section 6.  Annual report.
        (a)  Submission and posting.--The annual report required
     under section 902(c) of the act of October 18, 1988 (P.L.756,
     No.108), known as the Hazardous Sites Cleanup Act, shall be
     transmitted by the department to the General Assembly no later
     than August 31 of each year. The annual report may be submitted
     to the General Assembly via electronic mail. The department
     shall also publish and maintain the annual report on the
     department's publicly accessible Internet website.
        (b)  Contents.--In addition to the information required to be
     submitted under section 902(c) of the Hazardous Sites Cleanup
     Act, the annual report shall also contain, at a minimum, the
     following information:
            (1)  The number and a description of the emergency
        responses initiated by the department and the costs incurred
        in the aggregate and for each emergency response.
            (2)  The number and nature of violations of the Hazardous
        Sites Cleanup Act and the amount of fines and penalties
        assessed in the aggregate and for each violation.
            (3)  The amount expended for personnel costs.
     Section 7.  Audit.
        The Department of Auditor General shall annually conduct an
     audit of the fund and shall submit a copy of the audit to the
     chairman and the minority chairman of the Environmental
     Resources and Energy Committee of the Senate and the chairman
     and minority chairman of the Environmental Resources and Energy
     Committee of the House of Representatives.
     Section 18.  Repeals.
        (a)  Absolute.--
            (1)  The General Assembly declares that:
                (i)  the repeal under paragraph (2)(ii) is necessary
            to effectuate section 3; and
                (ii)  the repeal under paragraph (2)(i) is necessary
            to effectuate section 4.
            (2)  The following acts and parts of acts are repealed:
                (i)  Section 602.3 of the act of March 4, 1971
            (P.L.6, No.2), known as the Tax Reform Code of 1971.
                (ii)  Section 901(c)(7) of the act of October 18,
            1988 (P.L.756, No.108), known as the Hazardous Sites
            Cleanup Act.
        (b)  Inconsistent.--The act of October 18, 1988 (P.L.756,
     No.108), known as the Hazardous Sites Cleanup Act, is repealed
     to the extent of any inconsistency with this act.
     Section 19.  Applicability (Reserved).
     Section 20.  Effective date.
        This act shall take effect immediately.