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HomeMy WebLinkAbout101 Section 900 Grants ----------~---_.- ~ ---- 588 Act 1988-101 LAWS OF PENNSYLVANIA (3) Up to 30% may be expended by the department for public infor- mation, public education and technical assistance programs concerning litter control, recycling and waste reduction, including technical assistance programs for counties and other municipalities, for research and demon- stration projects, for planning grants as set forth in section 901, for the host inspector training program as set forth in section 1102, and for other purposes consistent with this act. (4) No more than 30/0 may be expended for the collection and adminis- tration of moneys in the fund. (d) Transfer.-On the first day of the 16th year after the fee imposed by section 701 becomes effective, all moneys in the Recycling Fund that are not obligated shall be transferred to the Solid Waste Abatement Fund and expended in the same manner as other moneys in the Solid Waste Abatement Fund. On the first day of the 19th year after the fee imposed by section 701 becomes effective, all moneys in the Recycling Fund that are not expended shall be transferred to the Solid Waste Abatement Fund and expended in the same manner as other moneys in the Solid Waste Abatement Fund. (e) Advisory committee.- The secretary shall establish a Recycling Fund Advisory Committee composed of representatives of counties, other munici- palities, municipal authorities, the municipal waste management industry, the municipal waste recycling industry, the municipal waste generating industry and the general public. The committee shall also include members of the General Assembly, one appointed by each of the following: the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President pro tempore of the Senate and the Minority Leader of the Senate. The committee shall meet at least annually to review the Commonwealth's progress in meeting the goals under section 102(c), to recommend priorities on expenditures from the fund, and to ad\'isethesecre- tary on associated activities concerning the administration of the fund. The department shall reimburse members of the committee for reasonable travel, hotel and other necessary expenses incurred in performance of their duties under this section. (f) Annual reports,- The department shall submit an annual report to the General Assembly on receipts to and disbursements from the Recycling Fund in the previous fiscal year, projections for revenues and expenditures in the coming fiscal year, and the Commonwealth's progress in achieving the goals set forth in section 102(c). The annual report due two years before the expiration of the recycling fee under section 701(d) shall contain a recom- mendation whether the fee should continue to be imposed after the expira- tion date and, if so, the proposed amount of the fee. CHAPTER 9 GRANTS Section 901. Planning grants. The department shall, upon application from a county, award grants for the cost of preparing municipal waste management plans in accordance with this act; for carrying out related studies, surveys, investigations, inquiries, --_.--^ ----~--_.--._---~- _ _.___.u__ SESSION OF 1988 Act 1988-101 589 research and analyses, including those related by siting: and for environ- mental mediation. The department may also award grants under this section for feasibility studies and project development for municipal waste process- ing or disposal facilities, except for facilities for the combustion of municipal waste that are not proposed to be operated for the recovery of energy. The application shall be made on a form prepared and furnished by the depart- ment. The application shall contain such information as the department deems necessary to carry out the provisions and purposes of this act. The grant to any county under this section shall be 800/0 of the approved cost of such plans and studies. Section 902. Grants for development and implementation of municipal recycling programs. (a) Authorization.- The department shall award grants for development and implementation of municipal recycling programs, upon application from any municipality which meets the requirements of this section. The grant provided by this section may be used to identify markets. develop a public education campaign, purchase collection and storage equipment and do other things necessary to establish a municipal recycling program. The grant may be used to purchase collection equipment, only to the extent needed for coIlection of recyclable materials, and mechanical processing equipment, only to the extent that such equipment is not available to the program in the private sector. The application shall be made on a form pre- pared and furnished by the department. The application shall explain the structure and operation of the program and shall contain such other infor- mation as the department deems necessary to carry out the provisions and purposes of this act. The grant under this section to a municipality required by section I SO 1 to implement a recycling program shall be 90% of the approved cost of establishing a municipal recycling program. The grant under this section to a municipality not required by section I SO I to imple- ment a recycling program shall be 90% of the approved cost of establishing a municipal recycling program. In addition to the grant under this section, a financially distressed municipality, as defined in section 203(0 of the act of July 10, 1987 (P .L.246, No.47), known as the Financially Distressed Munici- palities Act, that is required by section 150l to implement a recycling program shall be eligible for an additional grant equal to 10% of the approved cost of establishing a municipal recycling program. (b) Prerequisites.- The department shall not award any grant under this section unless it is demonstrated to the department's satisfaction-thae (1) The application is complete and accurate. (2) The recycling program for which the grant is sought does not duplicate any other recycling programs operating within the municipality. (3) If the applicant is not required to implement a recycling program by section 1501, the application describes the collection system for the program, including: (i) materials collected and persons affected: (ii) contracts for the operation of the program: ._-_.._._-_.~ ------. -- 590 Act 1988~101 LAWS OF PENNSYLVANIA (Hi) markets or uses for collected materials, giving consideration to the results of the market development study required by section 508 if the results are available; (iv) ordinances or other mechanisms that will be used to ensure that materials are collected: (v) public information and education; (vi) program economics, including avoided, processing or disposal costs: and (vii) other information deemed necessary by the department. (4) If the municipality proposes to use some or all of the grant funds to purchase mechanical processing equipment, the equipment is not available to the program in the private sector. Before submitting the appli- cation to the department, the municipality shall p~blish in a newspaper of general circulation a notice describing in reasonable detail the equipment which the municipality proposes to purchase, or cause to be purchased, and the proposed uses of the equipment, and allow 30 days for written response from any interested persons. The application shall describe the responses received and shall explain why the municipality has concluded that such equipment is not available from the private sector. (c) Municipal retroactive grants with restrictions.- The grant authorized by this section may be awarded to any municipality for eligible costs incurred for a municipal recycling program after 60 days prior to the effective date of this act. However, no grant may be authorized under this section for a municipal recycling program that has received a grant from the department under the act of July 20, 1974 (P.L.572, No.l98), known as the Pennsylvania Solid Waste - Resource Recovery Development Act, except for costs that were not paid by such grant. (d) Priority.-Each municipality, other than a county, which establishes and implements a mandatory source separation and collection program for recyclable materials shall be given the same priority with municipalities subject to the requirements of section 1501 for grants under this section. Section 903. Grants for recycling coordinators. (a) Authorization.- The department shall award grants to reimburse counties for authorized costs incurred for the salary and expenses of recy- cling coordinators, upon application from any county. The application shall be made on a form prepared and furnished by the department. The applica- tion shall explain the duties and activities of the county recycling coordi- nator. If a recycling coordinator has been active prior to the year for which the grant is sought, the application shall also explain the coordinator's activ- ities and achievements in the previous year . (b) Limit on grant.- The grant under this section shall not exceed 50% of the approved cost of the recycling coordinator's salary and expenses. 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 munici- pality. The application shall be made on a form prepared and furnished by the department. The application shall contain such information as the SESSION OF 1988 Act 1988-10 1 591 department deems necessary to carry out the provisions and purposes of this act. (b) Availability.-The department shall award a grant under this section to a municipality based on the type and weight of source-separated recyclable materials identified in section 1501 that were recycled in the previous calen- dar year, and the population of the municipality. (c) Amount.- The amount of the grant shall be based on available funds under section 706 and shall be available to all municipalities which have a recycling program in existence on or will initiate a program after the effective date of this act. (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. Section 90S. General limitations. (a) Content of application.-Each grant application under this chapter shall include provisions for an independent performance audit, which shall be completed within six months after all reimbursable work under the grant has been completed. (b) Monetary limit on grant.- The department may not award more than 10Ofo of the moneys available under any grant under this chapter in any fiscal year to any county. (c) Other limitations on grants.- The department may not award any grant under this chapter to any county or municipality that has failed to comply with the conditions set forth in previously awarded grants under this chapter, the requirements of this chapter and any regulations promulgated pursuant thereto. (d) Lapse of grant.-A grant offering pursuant to this chapter shall lapse automatically if funds for the grant are not encumbered within one year of the offering. To obtain the grant after an offering has lapsed, the grantee must submit a new application in a subsequent funding period. (e) Lapse of encumbered funds.-Grant funds that have been encum- bered shall lapse automatically to the recycling fund if the funds are not expended within two years after they have been encumbered. The depart- ment may, upon written request from the grantee, extend the two-year period for an additional period of up to three months. To obtain any funds that have lapsed to the recycling fund, the grantee must submit a new appli- cation in a subsequent funding period. (f) AvailabilitY of funds.-AlI obligations of the Commonwealth under this chapter are contingent upon the availability of funds under section 706. CHAPTER 11 ASSISTANCE TO MUNICIPALITIES Section HOl. Information provided to host municipalities. (a) Departmental information.- The department will provide all of the following information to the governing body of host municipalities for municipal waste landfills and resource recovery facilities: