Tuesday, March 24, 2015

Reid, Heller Introduce Nuclear Waste Informed Consent Act

For Immediate Release
Date: Tuesday, March 10, 2015
 
CONTACT: Kristen Orthman

Reid, Heller Introduce Nuclear Waste Informed Consent Act
 
Heck & Titus Introduce Companion Bill in House
 
Washington, D.C. – Nevada Senators Harry Reid and Dean Heller introduced today the Nuclear Waste Informed Consent Act. Representatives Joe Heck and Dina Titus will introduce companion legislation in the House of Representatives. The Nuclear Waste Informed Consent Act permits the Nuclear Regulatory Commission (NRC) to authorize construction of a nuclear waste repository only if the Secretary of Energy has secured written consent from the governor of the host state, affected units of local government, and affected Indian tribes.  The Nuclear Waste Informed Consent Act ensures that Nevada and every other state has a meaningful voice in the process if they are considered for a nuclear waste repository. The Nuclear Waste Informed Consent Act is consistent with recommendations made by the Blue Ribbon Commission on America’s Nuclear Future, stating that: “We believe a good gauge of consent would be the willingness of affected units of government—the host states, tribes, and local communities – to enter into legally binding agreements with the facility operator, where these agreements enable states, tribes, and communities to have confidence that they can protect the interests of their citizens.” Additionally, this act is consistent with the approach taken in bipartisan draft legislation circulated last Congress by the Senate Energy and Natural Resources Committee, which provided for a consent-based process for siting a future nuclear waste repository and interim storage facilities.
 
“For decades the federal government wasted billions of dollars attempting to recklessly move America’s deadly high-level nuclear waste to a dump at Yucca Mountain, despite the overwhelming objections of Nevadans,” said Senator Reid. “The Nuclear Waste Informed Consent Act would ensure that no state’s voice may be silenced in the process of being considered for a nuclear waste repository. The game was rigged against Nevada when Congress gutted the original science-based siting process for a nuclear waste repository nearly three decades ago.  The Government made things worse by spending decades trying to force Yucca Mountain on the people of Nevada over their objections.  The Act introduced today will give a voice to state and local governments and save our country from making another costly mistake like Yucca Mountain.”
 
“Our nation must find solutions to address spent nuclear fuel, but any potential waste repository should have the consent and support of the affected state and  local communities. No state, including Nevada, should be forced to accept waste against its will. With no conceivable path to building Yucca Mountain, it’s time for Washington to admit the obvious: the Yucca Mountain Nuclear Waste Repository is a figment of the federal government’s imagination.  Congress must move on and focus its efforts on a consent-based approach for siting project, as required by our bill and recommended by the Blue Ribbon Commission on America’s Nuclear Future, ” said Senator Heller.

Link:  http://www.reid.senate.gov/press_releases/2015-3-10-reid-heller-introduce-nuclear-waste-informed-consent-act

Download Documents
Harry Reid
Senator Harry Reid
114th Congress 1st Session
Nuclear Waste Informed Consent Act

Tuesday, March 17, 2015

Photo book on Fukushima in English on Sale in Kindle Format

PORTRAIT OF FUKUSHIMA:  2011-2015: LIFE AFTER MELTDOWN by Hiromichi Ugaya http://www.amazon.com/dp/B00UPC2E20/ref=cm_sw_r_tw_dp_ubybvb1ABJ6A4

This book was my challenge to break through the barrier of Japan's media industry's business downturn and self censorship and to deliver the news of nuclear disaster to the global audience. So please pass around this message on internet/SNS/ or by word of mouth.

Your help would be most appreciated. Thank you in advance.

Regards;

Hiro
ーーーーーーーーーーー
UGAYA, Hiromichi
Journalist / Photographer
http://www.ugaya.org
Facebook: http://www.facebook.com/profile.php?ref=profile&id=607079361

HB 2302 AN ACT Amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, codifying the act of May 20, 1993 (P.L.38, No.11)

HB 2302

                                 AN ACT

    Amending Title 27 (Environmental Resources) of the Pennsylvania
       Consolidated Statutes, codifying the act of May 20, 1993
       (P.L.38, No.11), entitled "An act establishing the
       Agricultural Advisory Board in the Department of
       Environmental Resources and prescribing its powers; and
       providing for review by the board of certain proposed rules
       and regulations," further providing for establishment of the
       Agricultural Advisory Board; providing for water resources
       planning, administration and enforcement; making a repeal;
       and making editorial changes.

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

       Section 1.  Part I of Title 27 of the Pennsylvania
    Consolidated Statutes is amended by adding a chapter to read:
                               CHAPTER 7
                      AGRICULTURAL ADVISORY BOARD
    Sec.
    701.  Definitions.
    702.  Establishment of board.
    703.  Powers of board.
    704.  Review of regulations.
     § 701.  Definitions.
       The following words and phrases when used in this chapter
    shall have the meanings given to them in this section unless the
    context clearly indicates otherwise:
       "Agriculture."  Normal farming practices or innovative
    techniques used in the production and preparation for market of
    any crop or commodity included within the definition of "crops,
    livestock and livestock products" in section 3 of the act of
    June 30, 1981 (P.L.128, No.43), known as the Agricultural Area
    Security Law.
       "Board."  The Agricultural Advisory Board established in
    section 702 (relating to establishment of board).
       "Department."  The Department of Environmental Protection of
    the Commonwealth.
       "Normal farming practices."  The customary and generally
    accepted activities, practices and procedures that farmers
    adopt, use or engage in year after year in the production and
    preparation for market of any crop or commodity included within
    the definition of "crops, livestock and livestock products" in
    section 3 of the act of June 30, 1981 (P.L.128, No.43), known as
    the Agricultural Area Security Law.
       "Secretary."  The Secretary of Environmental Protection of
    the Commonwealth.
       "Sustainable agriculture."  An integrated system of plant and
    animal production practices as defined by the Food, Agriculture,
    Conservation and Trade Act of 1990 (Public Law 101-624, 104
    Stat. 3616).
     § 702.  Establishment of board.
       (a)  Creation.--There is hereby established in the department
    the Agricultural Advisory Board.
       (b)  Members.--The following persons shall comprise the
    board:
           (1)  Representatives of the Pennsylvania Farm Bureau, the
       Pennsylvania State Grange, PennAg Industries Association and
       the Pennsylvania Farmers Union. Each of these organizations
       shall annually name one person to represent it under this
       paragraph.
           (2)  A dairy producer, a livestock producer, a poultry
       producer, a grain producer, a fruit producer, a vegetable
       producer, a representative of the ornamental horticultural
       industry, a producer engaged in sustainable agriculture, a
       representative from the agricultural chemical manufacturers
       industry and a representative from the agribusiness industry.
       The Governor shall appoint these representatives to sit for a
       three-year term. Representatives appointed under this
       paragraph must receive a majority of their gross income from
       the activity which they represent.
           (3)  Representatives of the Pennsylvania Association of
       Conservation District Directors and The Pennsylvania State
       University. Each of these organizations shall annually name
       one person to represent it under this paragraph.
           (4)  Representatives of the Federal Farm Service Agency
       and the Federal Natural Resources Conservation Service. Each
       of these organizations shall annually name one person to
       represent it under this paragraph ex officio.
           (5)  Representatives of the Department of Agriculture and
       the department. Each department shall name a deputy secretary
       to represent it under this paragraph ex officio. If a named
       deputy secretary is unable to serve on the board, the deputy
       secretary must be replaced by another deputy secretary or by
       the secretary of that same department.
           (6)  The chairman and the minority chairman of the
       Agriculture and Rural Affairs Committee of the Senate or
       their designees and the chairman and the minority chairman of
       the Agriculture and Rural Affairs Committee of the House of
       Representatives or their designees to represent the General
       Assembly.
       (c)  Chairman.--The board shall annually elect a board
    chairman from among those members designated or appointed under
    subsection (b)(1) and (2). No member shall serve as chairman for
    more than two consecutive years.
       (d)  Staff.--The department shall furnish the board with
    administrative support.
     § 703.  Powers of board.
       (a)  General rule.--The board shall have the following
    powers:
           (1)  Provide advice and expertise to the secretary
       regarding the nature of agriculture in this Commonwealth.
           (2)  Assist the secretary and provide written comments on
       new departmental policy that will impact upon agriculture in
       this Commonwealth.
           (3)  Assist the secretary and provide comment on
       regulatory proposals pursuant to section 704 (relating to
       review of regulations).
           (4)  Provide comment to the secretary regarding existing
       departmental policy and regulations affecting agriculture in
       this Commonwealth.
       (b)  Exempt regulations.--Regulations subject to review by
    the seasonal farm labor committee under the act of June 23, 1978
    (P.L.537, No.93), known as the Seasonal Farm Labor Act, are
    exempt from review under subsection (a).
     § 704.  Review of regulations.
       (a)  Notice to board.--The department shall notify the board
    of the development of any regulatory proposal which would
    regulate agriculture as early as possible but not less than 120
    days prior to the date the Environmental Quality Board meets to
    initially consider any proposed rulemaking resulting from the
    regulatory proposal.
       (b)  Meeting and consultation with board.--At the request of
    the board, if the request is made within 30 days from the date
    of receipt of the notice required by subsection (a), the
    department shall meet and consult with the board in the
    formulation of any such regulatory proposal, and thereafter the
    board may provide the department with written comments thereon.
       (c)  Inclusion of comments with proposed rulemaking.--The
    department shall include any written comments of the board,
    received prior to the department's submission of a proposed
    rulemaking package to the Environmental Quality Board, as part
    of its submission to the Environmental Quality Board.
       (d)  Exceptions.--The requirements of this section shall not
    apply to regulations with mandatory statutory deadlines, to
    regulations required to be adopted by court order, to emergency
    regulations, to final regulations adopted pursuant to section
    204 of the act of July 31, 1968 (P.L.769, No.240), referred to
    as the Commonwealth Documents Law, or where interim regulations
    are otherwise authorized by statute. The department shall advise
    the board as soon as possible of the development of regulations
    identified in this subsection which would regulate agriculture.
       Section 2.  Part III of Title 27 is amended by adding a
    chapter to read:
                               CHAPTER 31
                        WATER RESOURCES PLANNING
    Subchapter
      A.  General Provisions
      B.  Water Resources Planning
      C.  Administration and Enforcement
                              SUBCHAPTER A
                           GENERAL PROVISIONS
    Sec.
    3101.  Scope.
    3102.  Definitions.
    3103.  Intergovernmental cooperation and coordination.
    3104.  Administrative agreements with other agencies.
     § 3101.  Scope.
       This chapter deals with water resources planning.
     § 3102.  Definitions.
       The following words and phrases when used in this chapter
    shall have the meanings given to them in this section unless the
    context clearly indicates otherwise:
       "Basin."  The watershed of one of the following major rivers
    or hydrologic systems: the Delaware River, the Great Lakes, the
    Ohio River, the Potomac River and the Susquehanna River.
       "Clean Streams Law."  The act of June 22, 1937 (P.L.1987,
    No.394), known as The Clean Streams Law.
       "Compact Basin Commission."  An interstate commission having
    jurisdiction with respect to the planning, development or
    regulation of water resources within a basin in Pennsylvania,
    created by interstate compact or Federal-interstate compact.
       "Confidential information."
           (1)  Records, reports or information or a particular
       portion thereof that, if made public, would:
               (i)  divulge production or sales figures or methods,
           processes or production unique to a person;
               (ii)  otherwise tend to affect adversely the
           competitive position of a person by revealing trade
           secrets, including intellectual property rights; or
               (iii)  present threats to the safety and security of
           water supplies, including information concerning public
           water supply agency vulnerability assessments.
           (2)  The term does not include any of the following:
               (i)  Information identifying the general source of
           water used by a facility.
               (ii)  Information reporting the total amount of water
           withdrawn by a facility or the total amount of water used
           for consumptive uses or nonconsumptive uses by a
           facility.
       "Conservation district."  A county declared to be a
    conservation district by a resolution of its board of county
    commissioners.
       "Consumptive use."  The loss of water from a groundwater or
    surface water source through a manmade conveyance system,
    including such water that is purveyed through a public water
    supply system, due to transpiration by vegetation, incorporation
    into products during their manufacture, evaporation, diversion
    out of a basin or any other process to the extent that the water
    withdrawn is not returned to the waters of a basin. Deep well
    injection shall not be considered a return of waters to a basin.
       "Critical area resource plan."  A plan developed under
    section 3112(d) (relating to plan contents) for any watershed or
    watersheds within a critical water planning area.
       "Critical water planning area."  An area identified under
    section 3112(a)(6) or (d)(1) (relating to plan contents).
       "Deep well injection."  Injection of waste or wastewater
    substantially below aquifers containing fresh water.
       "Department."  The Department of Environmental Protection of
    the Commonwealth.
       "Domestic use."  The use of water for personal needs and
    ordinary household purposes.
       "Environmental Hearing Board."  The board established under
    the act of July 13, 1988 (P.L.530, No.94), known as the
    Environmental Hearing Board Act.
       "Environmental Quality Board."  The board established under
    section 1920-A of the act of April 9, 1929 (P.L.177, No.175),
    known as The Administrative Code of 1929.
       "Groundwater."  Water beneath the surface of the ground
    within a zone of saturation, whether or not flowing through
    known and definite channels or percolating through underground
    geologic formations and regardless of whether the result of
    natural or artificial recharge. The term includes water
    contained in aquifers, artesian and nonartesian basins,
    underground watercourses and other bodies of water below the
    surface of the earth.
       "Hydrologic unit."  A unit of surface water or groundwaters,
    or both, which are interconnected and hydrologically related.
    The term includes a surface watershed or basin, groundwater
    basin, aquifer or aquifer system.
       "Municipalities Planning Code."  The act of July 31, 1968
    (P.L.805, No.247), known as the Pennsylvania Municipalities
    Planning Code.
       "Municipality."  Any county, city, borough, town, township or
    home rule municipality or any agency or authority created by any
    one or more of the foregoing.
       "Nonconsumptive use."  A use of water withdrawn from water
    resources of this Commonwealth in such manner that it is
    returned to its basin of origin. Where only a portion of the
    water withdrawn is returned to the basin of origin, that portion
    which is returned is a nonconsumptive use, and the portion of
    water withdrawn which is not returned to the basin of origin is
    a consumptive use.
       "Nonwithdrawal use."  The functions of or activities in water
    that is not withdrawn from a water resource, including, but not
    limited to, navigation, in-stream hydropower production,
    recreation, fish and wildlife habitat and the aquatic
    environment.
       "Person."  An individual, partnership, association, company,
    corporation, municipality, municipal authority, Federal or
    Commonwealth administrative agency or an entity which is
    recognized by law as the subject of rights and obligations. The
    term shall include the officers, employees and agents of any
    legal entity.
       "Public water supply agency."  A community water system as
    defined by the act of May 1, 1984 (P.L.206, No.43), known as the
    Pennsylvania Safe Drinking Water Act, or any person subject to
    the act of June 24, 1939 (P.L.842, No.365), referred to as the
    Water Rights Law.
       "Reasonable and beneficial use."  The use of water for a
    useful and productive purpose, which is reasonable considering
    the rights of other users and consistent with the public
    interest, in a quantity and manner as is necessary for efficient
    utilization. The term includes withdrawal and nonwithdrawal
    uses.
       "Region."  One of the six regions established in section 3113
    (relating to regional committees).
       "Regional committee."  A regional water resources committee.
       "Safe Drinking Water Act."  The act of May 1, 1984 (P.L.206,
    No.43), known as the Pennsylvania Safe Drinking Water Act.
       "Safe yield."  For purposes of the State water plan, the
    amount of water that can be withdrawn from a water resource over
    a period of time without impairing the long-term utility of a
    water resource such as dewatering of an aquifer, impairing the
    long-term water quality of a water resource, inducing a health
    threat or causing irreparable or unmitigated impact upon
    reasonable and beneficial uses of the water resource. Safe yield
    of a particular water source is primarily to be determined based
    upon the predictable rate of natural and artificial
    replenishment of the water source over a reasonable period of
    time.
       "Secretary."  The Secretary of Environmental Protection of
    the Commonwealth.
       "State water plan."  The plan adopted under section 3115
    (relating to development, adoption, amendment and periodic
    review of State water plan). Prior to adoption of the State
    water plan in accordance with section 3115, the term shall mean
    the State water plan previously adopted and published in
    accordance with section 1904-A of the act of April 9, 1929
    (P.L.177, No.175), known as The Administrative Code of 1929.
       "Statewide committee."  The Statewide Water Resources
    Committee.
       "Surface water."  Water on the surface of the earth,
    including water in a perennial or intermittent watercourse,
    lake, reservoir, pond, spring, wetland, estuary, swamp or marsh,
    or diffused surface water, whether such body of water is natural
    or artificial. The term does not include recirculated process
    water or wastewater stored in an off-stream impoundment, pond,
    tank or other device unless such water or wastewater is
    withdrawn and used by a person other than the person who
    initially withdrew the water from a water resource or obtained
    such water from a public water supply agency.
       "Water availability evaluation."  An assessment of available
    safe yield of water in an area, both groundwater and surface
    water, including natural recharge capability, and an estimate of
    the present reasonable and beneficial uses and of the reasonable
    and beneficial uses for 20 years ahead by various categories
    such as in-stream, agricultural, domestic, energy development
    and production, industrial and recreational uses.
       "Water conservation practices and measures."  Those practices
    and measures which are technically feasible and economically
    practicable and which are designed to accomplish any of the
    following:
           (1)  Reduce the demand for water.
           (2)  Improve efficiency in water use and reduce leakage,
       losses and waste of water.
           (3)  Improve reuse and recycling of water.
           (4)  Improve land management practices to conserve water
       or to preserve or increase groundwater recharge.
       "Watercourse."  A distinct natural or artificial body of
    water flowing perennially or intermittently in a defined channel
    with bed and banks. The term includes a river, creek, stream,
    slough or canal.
       "Water resource."  Surface water or groundwater, within or on
    the boundaries of this Commonwealth.
       "Water resources emergency."  A drought or other water
    resource shortage declared by proclamation of the Governor that
    would result in a substantial and immediate shortage of
    available water supply in a region and that would be of
    sufficient severity and magnitude to warrant coordinated action
    to prevent or alleviate damage to property, human suffering,
    hardship or threats to health, safety, welfare and fish and
    wildlife habitat.
       "Water Rights Law."  The act of June 24, 1939 (P.L.842,
    No.365), referred to as the Water Rights Law.
       "Watershed."  The drainage area of a watercourse of a minimum
    drainage area determined in accordance with guidelines developed
    pursuant to section 3115(a)(2) (relating to development,
    adoption, amendment and periodic review of State water plan).
       "Withdrawal."  The removal or taking of water from any water
    resource, whether or not returned to the water resource.
       "Withdrawal use."  Any use of water which is withdrawn,
    including, but not limited to, domestic, municipal, public,
    commercial, industrial, energy development and production and
    agricultural water supply. The term includes the use of water
    transferred through interconnections but shall not include
    transfer of water within a system operated by the same public
    water supply agency.
     § 3103.  Intergovernmental cooperation and coordination.
       The Statewide committee, the regional committees and the
    department shall cooperate and coordinate with appropriate
    Compact Basin Commissions and Federal, interstate, State and
    political subdivisions, municipalities, public water supply
    agencies and other agencies for efficient planning for the
    maintenance and enhancement of the water resources of this
    Commonwealth.
     § 3104.  Administrative agreements with other agencies.
       In consultation with the Statewide committee, the department
    shall, to the extent practicable, enter into administrative
    agreements with appropriate Compact Basin Commissions and
    Federal, State, interstate, municipal and other agencies for the
    following purposes:
           (1)  To avoid unnecessary duplication of staff functions
       and facilitate coordinated review of projects and actions
       within the jurisdiction of such agencies.
           (2)  To provide a coordinated system for registration of
       significant water uses and the coordinated collection and
       maintenance of data regarding water resources.
           (3)  To provide for coordinated inspection, monitoring
       and enforcement of applicable statutes and regulations,
       provided that nothing in this section shall be deemed to
       confer enforcement authority on the Statewide committee.
           (4)  To accept delegations of authority from or obtain
       the services and assistance of a Compact Basin Commission or
       Federal or interstate agency concerning planning for the
       maintenance and enhancement of water resources. Nothing in
       this paragraph shall be construed to authorize a delegation
       to the Statewide committee or the department of any power to
       regulate, control or require permits for the withdrawal or
       use of water.
           (5)  To ensure coordinated and effective responses to
       water resources emergencies in conjunction with the
       Pennsylvania Emergency Management Agency and the Compact
       Basin Commissions.
                              SUBCHAPTER B
                        WATER RESOURCES PLANNING
    Sec.
    3111.  State water plan.
    3112.  Plan contents.
    3113.  Regional committees.
    3114.  Statewide Water Resources Committee.
    3115.  Development, adoption, amendment and periodic review
           of State water plan.
    3116.  Use of plan.
    3117.  Statewide data system.
    3118.  Water use registration and reporting.
    3119.  Confidential information.
    3120.  Water conservation.
    3121.  Grants.
     § 3111.  State water plan.
       (a)  Preparation and adoption.--In accordance with this
    chapter and with ongoing consultation with the Statewide
    committee and the department, each regional committee shall
    guide the development of and recommend to the Statewide
    committee a regional plan component for review, approval and
    incorporation into the State water plan. The Statewide committee
    shall guide the development of, approve and recommend to the
    secretary approval and adoption of the State water plan. The
    department shall draft and develop the State water plan,
    including regional plan components. The State water plan shall
    be completed and adopted within five years of the effective date
    of this chapter.
       (b)  Matters considered.--The State water plan shall reflect
    the matters set forth in section 3112 (relating to plan
    contents). The level of detail within the State water plan and
    each regional plan may vary among watersheds and other
    hydrologic units. In consultation with the regional committee
    and the Statewide committee, the department shall establish with
    the approval of the Statewide committee priorities and
    guidelines for the level of detail appropriate for different
    areas, considering among other factors the current or projected
    future water demands in comparison to the safe yield of
    available water resources in the area.
       (c)  Limitation of authority.--Nothing contained in this
    chapter shall be construed to authorize, expand or diminish the
    existing authority of the department, including the
    Environmental Quality Board, to regulate, control or require
    permits for the withdrawal or use of water.
     § 3112.  Plan contents.
       (a)  General rule.--The State water plan and regional plan
    shall include:
           (1)  An inventory of the surface water resources of each
       region of this Commonwealth, including an identification of
       the boundaries of significant watersheds and an estimate of
       the safe yield of such sources for withdrawal and
       nonwithdrawal uses during periods of normal conditions and
       drought.
           (2)  An inventory of the groundwater resources of each
       region of this Commonwealth, including an identification of
       aquifers and groundwater basins and an assessment of their
       safe yield, prime recharge areas, recharge capacity,
       withdrawal limits and relationship to stream base flows.
           (3)  An assessment and projection of existing and future
       nonwithdrawal use needs and the values of watercourses
       included within this Commonwealth or Federal wild and scenic
       river systems.
           (4)  An assessment and projection of existing and future
       withdrawal use demands.
           (5)  An identification of potential problems with water
       availability or conflicts among water uses and users.
           (6)  An identification of critical water planning areas
       comprising any significant hydrologic unit where existing or
       future demands exceed or threaten to exceed the safe yield of
       available water resources.
           (7)  An assessment of the current and future capabilities
       of public water supply agencies to provide an adequate
       quantity and quality of water to their service areas.
           (8)  An assessment of floodplain and storm water
       management problems.
           (9)  An assessment of navigation needs and the means for
       restoration, development and improvement of transportation by
       water.
           (10)  An assessment of the water resources required to
       serve areas with important or unique natural, scenic,
       environmental or recreational values of national, regional,
       local or Statewide significance, including national and State
       parks; designated wild, scenic and recreational rivers;
       national and State wildlife refuges; and the habitats of
       Federal and State endangered or threatened species.
           (11)  A process for identifying projects and practices
       that are being or have been implemented by water users that
       reduce the amount of water withdrawal or consumptive use,
       improve efficiency in water use, provide for reuse and
       recycling of water, increase the supply or storage of water
       or preserve or increase groundwater recharge and a
       recommended process for providing appropriate positive
       recognition of such projects or practices in actions,
       programs, policies, projects or management activities
       recommended under paragraph (16).
           (12)  An identification of practical alternatives for an
       adequate supply of water to satisfy existing and future
       reasonable and beneficial uses, including improved storage,
       groundwater recharge and surface water/groundwater
       conjunctive management programs.
           (13)  An assessment of both structural and nonstructural
       alternatives to address identified water availability
       problems, adverse impacts on water uses or conflicts between
       water users, including potential actions to develop
       additional or alternative supplies, conservation measures and
       management techniques.
           (14)  A review and evaluation of statutes, regulations,
       policies and institutional arrangements for the development,
       conservation, distribution and emergency management of water
       resources.
           (15)  A review and evaluation of water resources
       management alternatives and recommended programs, policies,
       institutional arrangements, projects and other provisions to
       meet the water resources needs of each region and of this
       Commonwealth.
           (16)  Proposed methods of implementing various
       recommended actions, programs, policies, projects or
       management activities.
       (b)  Considerations.--The State water plan and regional plans
    shall consider:
           (1)  The interconnections and relationships between
       groundwater and surface water as components of a single
       hydrologic resource.
           (2)  Regional water resources needs, objectives and
       priorities as identified and evaluated by the regional
       committee.
           (3)  Federal, State and interstate water resources
       policies, plans, objectives and priorities, including those
       identified in statutes, regulations, compacts, interstate
       agreements or comprehensive plans adopted by Federal and
       State agencies and Compact Basin Commissions.
           (4)  The needs and priorities reflected in comprehensive
       plans and zoning ordinances where one of the following
       conditions is satisfied:
               (i)  A county adopts a comprehensive plan in
           accordance with section 301 or 302 of the Municipalities
           Planning Code and municipalities in the county have
           adopted comprehensive plans and zoning ordinances in
           accordance with sections 301, 303(d) and 603(j) of the
           Municipalities Planning Code.
               (ii)  Municipalities have adopted a county plan or a
           multimunicipal plan under Article XI of the
           Municipalities Planning Code and the participating
           municipalities have conformed their local plans and
           ordinances to the county or multimunicipal plan by
           implementing cooperative agreements and adopting
           appropriate resolutions and ordinances.
               (iii)  A county adopts a comprehensive plan in
           accordance with section 301 or 302 of the Municipalities
           Planning Code and either:
                   (A)  the county has adopted and is administering,
               in lieu of municipalities in the county, a county
               comprehensive plan and county zoning ordinance in
               accordance with sections 301, 303(d) and 603(j) of
               the Municipalities Planning Code; or
                   (B)  the county has adopted a county
               comprehensive plan in accordance with section 301 or
               302 of the Municipalities Planning Code which is in
               effect, in lieu of comprehensive plans adopted by
               municipalities in the county, and municipalities in
               the county have adopted zoning ordinances generally
               consistent with such county comprehensive plan in
               accordance with sections 303(d) and 603(j) of the
               Municipalities Planning Code.
           (5)  The water quantity and quality necessary to support
       reasonable and beneficial uses.
           (6)  A balancing and encouragement of multiple uses of
       water resources, recognizing that all water resources of this
       Commonwealth are capable of serving multiple uses and human
       needs, including multiple uses of water resources for
       reasonable and beneficial uses.
           (7)  The distinctions between short-term and long-term
       conditions, impacts, needs and solutions to ensure
       appropriate and cost-effective responses to water resources
       issues.
           (8)  The benefits and costs and social and environmental
       impacts of alternative policies, programs, projects and
       actions.
           (9)  Application of the principle of equal and uniform
       treatment of all water users that are similarly situated and
       all users of related facilities without regard to established
       political boundaries.
       (c)  Balancing of considerations.--In approving, recommending
    and adopting the State water plan, the Statewide committee and
    secretary shall provide serious and deliberative consideration
    to regional priorities, objectives and recommendations expressed
    by the regional committees, reconcile differences or conflicts
    among regional plans and assure that the regional plans and
    State water plan adequately consider and reflect Federal, State
    and Compact Basin Commission policies, plans, objectives and
    priorities of national, Statewide or interstate importance.
       (d)  Designation of critical water planning areas and
    preparation and approval of critical area resource plans.--
           (1)  Critical water planning areas shall be identified as
       provided under subsection (a)(6). A regional committee may,
       in advance of the formal adoption of a regional plan or the
       State water plan and if justified by evidence developed in
       the planning process, recommend the designation of a critical
       water planning area. Upon such recommendation, the Statewide
       committee and secretary may designate the area for the
       development of a critical area resource plan for any
       watershed or watersheds within a critical water planning area
       pursuant to this subsection.
           (2)  In preparing a critical area resource plan for a
       critical water planning area, the regional committee shall
       establish a critical area advisory committee. This committee
       shall be composed of persons representative of appropriate
       governmental agencies, agricultural, public water supply,
       industrial and other water users in the area, conservation
       and environmental organizations and other persons who have
       knowledge of, background in or an understanding of water
       resources planning and management. The critical area advisory
       committee shall evaluate policy, program and management
       alternatives and advise the regional committee and department
       throughout the critical water area planning process.
           (3)  For each critical water planning area identified and
       designated under this subsection or subsection (a)(6), the
       regional committee shall, in consultation with a critical
       area advisory committee, guide the development of and
       recommend to the Statewide committee and secretary and the
       department shall draft a critical area resource plan. The
       regional committee may recommend to the department the
       engagement of county or regional agencies or expert
       consulting firms to assist in the process of preparing such a
       plan.
           (4)  A critical area resource plan shall be subject to
       review and adoption through the same process as a regional
       plan as provided in this section and section 3115 (relating
       to development, adoption, amendment and periodic review of
       State water plan). Prior to final recommendation by the
       regional committee to the Statewide committee, a copy of the
       proposed critical area resource plan shall be submitted to
       the official planning agency and governing body of each
       municipality in the designated critical water planning area,
       the appropriate county planning agency and regional planning
       agencies for review and comment as to consistency with other
       plans and programs affecting the critical water planning
       area, and each such agency and governing body shall be
       provided 45 days to provide comments.
           (5)  The critical area resource plans shall include:
               (i)  An identification of existing and future
           reasonable and beneficial uses.
               (ii)  A water availability evaluation, including a
           quantitative assessment of the available water resources
           and their relationship to the existing and future
           reasonable and beneficial uses.
               (iii)  An identification of the quantity of water
           available for new or increased uses of water in the
           forseeable future and an identification of quantities
           required for future water uses associated with planned
           projects or developments.
               (iv)  An assessment of water quality issues that have
           a direct and substantial effect on water resource
           availability.
               (v)  A consideration of storm water and floodplain
           management within the critical water planning area and
           their impacts on water quality and quantity.
               (vi)  Identification of existing and potential
           adverse impacts on uses or conflicts among users or areas
           of the critical water planning area and identification of
           alternatives for avoiding or resolving such conflicts.
               (vii)  An identification of practicable supply-side
           and demand-side alternatives for assuring an adequate
           supply of water to satisfy existing and future reasonable
           and beneficial uses.
           (6)  Critical area resource plans shall be construed as a
       component of the State water plan and may be implemented
       voluntarily.
     § 3113.  Regional committees.
       (a)  Creation.--There is created within the department a
    regional committee for each of the following regions in this
    Commonwealth:
           (1)  The watershed drainage area of the Delaware River
       and its tributaries.
           (2)  The watershed drainage area of the West Branch
       Susquehanna River subbasin and the upper Susquehanna, middle
       Susquehanna and Chemung subbasins and their tributaries.
           (3)  The watershed drainage area of the Juniata River and
       lower Susquehanna River and its tributaries below Sunbury,
       and Gunpowder, Northeast and Elk Creek Watersheds draining to
       the Chesapeake Bay.
           (4)  The watershed drainage area of the Ohio River and
       its tributaries.
           (5)  The watershed drainage area of Lake Erie and the
       Genesee River.
           (6)  The watershed drainage area of the Potomac River and
       its tributaries.
    Each regional committee shall be subject to the provisions
    applicable generally to boards and commissions identified in
    section 203 of the act of April 9, 1929 (P.L.177, No.175), known
    as The Administrative Code of 1929.
       (b)  Membership.--
           (1)  Each regional committee shall be composed of:
               (i)  Four members with a knowledge, background or
           understanding of water resources planning and management
           who are county conservation district or planning
           commission directors or, where a county conservation
           district does not cover a portion of a region, who are
           representatives of the governing body of the county or
           city of the first class, as appropriate, and shall
           represent a geographic cross section of the region. At
           least two county conservation district directors shall be
           appointed to each regional committee. Such members shall
           be appointed by the Governor from recommendations made
           separately by the governing bodies of each county or city
           of the first class which is in whole or in part within
           the region.
               (ii)  Seventeen members appointed by the Governor
           from recommendations made separately by Statewide and
           regional organizations representing such interests whose
           residence or place of business is within the region and
           who meet the following criteria:
                   (A)  Two members shall be representative of
               agriculture, one from production agriculture and one
               from horticulture.
                   (B)  One member shall be an officer or employee
               of a public water supply agency providing residential
               service within the region.
                   (C)  One member shall be an officer or employee
               of a public wastewater agency providing service
               within the region.
                   (D)  Three members shall represent significant
               industrial and commercial enterprises, energy
               development and production interests.
                   (E)  Three members shall represent environmental
               and conservation interests.
                   (F)  Four members with education and experience
               in professions relating to water resources
               management, including engineering, hydrology,
               geology, planning, law and economics, one of whom
               shall be a registered professional geologist.
                   (G)  Three members representing local governments
               other than counties.
           The members appointed under this subparagraph shall
           represent a cross section of the region, considering the
           distribution of population within each region.
               (iii)  One member, appointed by the secretary, who is
           a department employee. This member shall advise the
           regional committee without voting on any matter before
           the regional committee.
               (iv)  Where a Compact Basin Commission exists with
           jurisdiction over all or a portion of the region, a
           representative of such Compact Basin Commission shall be
           invited to serve as an ex officio voting member of the
           regional committee.
           (2)  Members shall be appointed no later than 180 days
       after the effective date of this chapter.
           (3)  A member shall be appointed for a term of three
       years. Of the members first appointed by the Governor under
       paragraph (1)(i) and (ii), five members shall serve for terms
       of one year, five members shall serve for terms of two years
       and five members shall serve for terms of three years.
           (4)  Vacancies shall be filled for the remainder of an
       unexpired term in the same manner as original appointments. A
       member, upon expiration of the term, shall continue to hold
       office until a successor is appointed.
           (5)  A majority of the membership of a regional committee
       shall constitute a quorum for the transaction of regional
       committee business. Action may be taken on a matter before
       the regional committee by a majority vote of the full
       membership of the regional committee.
           (6)  Members of a regional committee shall serve without
       compensation but may be reimbursed from funds appropriated
       for such purposes for necessary and reasonable travel and
       other expenses incurred during the performance of their
       duties.
           (7)  A chairperson shall be elected annually by a
       majority vote of the full membership of the regional
       committee.
       (c)  Powers and duties.--A regional committee has the
    following powers and duties:
           (1)  Guide the development of and recommend to the
       Statewide committee the regional plan component for review
       and incorporation into the State water plan.
           (2)  Consult with, advise and make recommendations to the
       department and the Statewide committee prior to and
       throughout the process of preparing the regional plan
       component of the State water plan and amendments to the
       regional plan component of the State water plan.
           (3)  Advise the Statewide committee and the department
       regarding the engagement and selection of consultants or
       experts to assist in the preparation of the regional
       component of the State water plan.
           (4)  Recommend to the Statewide committee and the
       department the identification of critical water planning
       areas.
           (5)  Utilize an open process, including public notice and
       at least one combined public meeting and hearing, to solicit
       comments from interested persons on water resources planning
       issues related to the preparation of the regional component
       of the State water plan.
           (6)  Meet as necessary to accomplish the purposes of this
       chapter.
           (7)  Adopt bylaws and procedures for conducting business.
     § 3114.  Statewide Water Resources Committee.
       (a)  Establishment.--There is established within the
    department the Statewide Water Resources Committee. The purpose
    of the committee is to coordinate the development of the State
    water plan, recommend policies and guidelines for and oversee
    the development of the State water plan and, in continuing
    consultation and collaboration with the regional committees and
    the department and with the full opportunity for public review
    and comment, approve and recommend to the secretary approval and
    adoption of the State water plan. The Statewide committee shall
    be subject to the provisions applicable generally to boards and
    commissions identified in section 203 of the act of April 9,
    1929 (P.L.177, No.175), known as The Administrative Code of
    1929.
       (b)  Membership.--
           (1)  The Statewide committee shall be composed of members
       selected as set forth in this subsection.
           (2)  Eighteen members shall be appointed as follows:
               (i)  Six members shall be representatives of the
           regional committees, appointed as provided in this
           paragraph. The Majority Leader of the Senate and Majority
           Leader of the House of Representatives shall each appoint
           two members from among the members of the regional
           committees. The Minority Leader of the Senate and the
           Minority Leader of the House of Representatives shall
           each appoint one member from among the members of the
           regional committees. Each regional committee shall
           nominate from among their members individuals to be
           considered for appointment under this paragraph, and no
           more than one member from each regional committee shall
           be appointed under this paragraph.
               (ii)  The Governor shall appoint six members
           representing a cross section of water user interests,
           including agriculture, conservation districts, industrial
           and commercial enterprises, mining, energy development
           and production and public water supply. The Governor
           shall seek suggestions and recommendations for Statewide
           committee membership from representative organizations.
               (iii)  The Governor shall appoint six members
           representing local government, environmental and
           conservation interests and professions relating to water
           resources management. The Governor shall seek suggestions
           and recommendations for Statewide committee membership
           from representative organizations.
           (3)  The Secretary of Environmental Protection, Secretary
       of Agriculture, Secretary of Conservation and Natural
       Resources, Executive Director of the Pennsylvania Fish and
       Boat Commission, Chairman of the Pennsylvania Public Utility
       Commission and Executive Director of the Pennsylvania
       Emergency Management Agency or their designees shall be ex
       officio voting members of the Statewide committee. The
       Secretary of Community and Economic Development and the
       Executive Director of the Governor's Center for Local
       Government Services or their designees and a representative
       of each Compact Basin Commission shall be invited to serve as
       ex officio nonvoting members of the Statewide committee.
           (4)  Members shall be appointed no later than 180 days
       after the effective date of this chapter.
           (5)  A member shall be appointed for a term of four
       years. Of the initial members appointed by the Governor:
               (i)  Six members shall serve initial terms of two
           years.
               (ii)  Six members shall serve initial terms of four
           years.
               (iii)  After such initial terms, individuals
           appointed by the Governor shall serve for a term of four
           years.
           (6)  Members must, as a result of educational background,
       training or experience, have an understanding of water
       resources planning and management issues.
           (7)  The chairperson of the Statewide committee shall be
       elected by a majority vote of the full membership of the
       committee.
           (8)  Vacancies shall be filled for the remainder of an
       unexpired term in the same manner as original appointments. A
       member, upon expiration of the term, shall continue to hold
       office until a successor is appointed.
           (9)  A majority of the membership of the Statewide
       committee shall constitute a quorum for the transaction of
       business. Action may be taken on a matter before the
       committee by a majority vote of the full membership of the
       committee.
           (10)  Members of the Statewide committee shall serve
       without compensation but may be reimbursed from funds
       appropriated for such purposes for necessary and reasonable
       travel and other expenses incurred during the performance of
       their duties.
       (c)  Powers and duties.--The Statewide committee shall:
           (1)  Recommend to the secretary the approval and adoption
       of the State water plan, including regional plan components,
       following consultation with the regional committees, the
       department, Compact Basin Commission and other appropriate
       agencies and after the public comment and hearing process
       specified in section 3115(b) (relating to development,
       adoption, amendment and periodic review of State water plan).
           (2)  Assist the department, in cooperation with regional
       committees, with the development of a public participation
       process to encourage the input from persons interested in
       water resources issues throughout the process of developing
       and formulating regional plan components and the State water
       plan.
           (3)  Recommend approval by the secretary of policies and
       guidelines for the preparation and development of regional
       plans and the State water plan in order to assure consistency
       in the methods used to carry out the assessments and
       inventories required under section 3112 (relating to plan
       contents).
           (4)  Review and comment upon regulations and policies
       proposed by the department under this chapter. In furtherance
       of this responsibility, the Statewide committee shall be
       given a reasonable opportunity to review and comment on
       regulations promulgated under this chapter affecting water
       resources prior to the submission to the Environmental
       Quality Board for both initial and final consideration. The
       written report of the Statewide committee shall be presented
       to the Environmental Quality Board with any regulatory
       proposal under this chapter. The chairperson of the Statewide
       committee shall be invited to participate in the presentation
       of all regulations promulgated under this chapter affecting
       water resources before the Environmental Quality Board.
           (5)  Carry out the duties and responsibilities assigned
       to the Statewide committee under this chapter or other
       applicable statutes.
     § 3115.  Development, adoption, amendment and periodic review
               of State water plan.
       (a)  Preparation of State water plan.--
           (1)  A State water plan shall be developed and adopted in
       accordance with this section within five years of the
       effective date of this chapter. After the initial adoption of
       a State water plan, the plan shall be amended and updated
       every five years.
           (2)  The department, in consultation with the Statewide
       committee, shall develop policies and guidelines for:
               (i)  Preparing or amending the regional plan
           components and the State water plan.
               (ii)  Ensuring public participation in the
           development or amendment of the State water plan.
               (iii)  Identifying critical water planning areas.
               (iv)  Developing critical area resources plans.
       Policies and guidelines shall be adopted only upon approval
       by both the Statewide committee and the secretary.
           (3)  All meetings, hearings and public review under this
       chapter shall be in accordance with the provisions of 65
       Pa.C.S. Ch. 7 (relating to open meetings) and any regulations
       promulgated thereunder.
       (b)  Development of the State water plan.--
           (1)  Each regional committee shall:
               (i)  Hold at least one combined public meeting and
           hearing within its region to solicit input on water
           resources management and water resources planning within
           the region.
               (ii)  Make recommendations to the department and the
           Statewide committee on the development or amendment of
           the State water plan.
               (iii)  Make recommendations on the identification of
           critical water planning areas within the region.
           (2)  Based upon the recommendations and guidance of the
       regional committees and consistent with the policies and
       guidelines established under subsection (a)(2), the
       department, in consultation with the Statewide committee,
       shall prepare drafts of the initial regional plan components
       to be used in the development or amendment of the State water
       plan. The department may also utilize other available
       resources to assist with the preparation of the drafts.
           (3)  The department, in conjunction with the Statewide
       committee and the regional committee, shall hold at least one
       combined public meeting and hearing in each region to solicit
       input on the drafts of the initial regional plan components
       to be used in the development or amendment of the State water
       plan.
           (4)  Following public participation and the combined
       public meeting and hearing required under paragraph (3), each
       regional committee shall select, by a majority vote, the
       planning alternatives and provisions to be recommended as
       part of the regional plan component of the State water plan.
       Each regional committee shall recommend, by a majority vote,
       the regional plan component to the Statewide committee. Each
       regional committee shall provide to another regional
       committee any proposed regional plan component recommendation
       that may affect any other region for review and comment prior
       to recommendation of the regional plan component to the
       Statewide committee.
           (5)  With consideration of the regional plan components
       developed under paragraphs (1) through (4), and consistent
       with the policies and guidelines established under subsection
       (a)(2), the department, in ongoing consultation with the
       Statewide committee, shall prepare a draft of the State water
       plan or amendments to the State water plan. The department,
       in conjunction with the Statewide committee, shall make the
       draft of the State water plan available for public review to
       solicit input on the draft of the State water plan or
       amendments to the State water plan.
       (c)  Adoption of regional plan components and State water
    plan.--Regional plans and the State water plan shall be
    recommended and adopted in accordance with the following
    procedures:
           (1)  Each regional committee shall, by a majority vote,
       recommend the regional plan components to the Statewide
       committee as provided in subsection (b).
           (2)  If a regional committee fails to comply with the
       obligations set forth in this chapter, the Statewide
       committee shall, after providing 90 days' written notice to
       the regional committee, propose, approve and recommend the
       regional plan components for that region.
           (3)  The Statewide committee or the secretary may direct
       modification of a new or previously approved regional plan,
       in whole or in part, upon finding one of the following:
               (i)  Recommended planning or management alternatives
           or provisions of two or more regional plans are
           inconsistent, or two or more regional planning committees
           are unable to agree on an alternative or provision
           affecting their respective regions.
               (ii)  A recommended planning or management
           alternative or provision is inconsistent with:
                   (A)  this chapter;
                   (B)  Federal or State statutes, regulations or
               officially adopted policies or plans; or
                   (C)  compacts or other interstate agreements and
               plans.
               (iii)  A regional plan component is inconsistent with
           or conflicts with the provisions or objectives of the
           overall State water plan.
               (iv)  The recommended regional plan component fails
           to conform to section 3112 (relating to plan contents) or
           the requirements established by policies adopted pursuant
           to subsection (a)(2).
           (4)  Following consultation with the regional committees,
       the Statewide committee shall approve and recommend to the
       secretary approval and adoption of regional plan components
       and the State water plan, subject to the following
       procedures:
               (i)  Within 90 days of submission of a regional plan,
           the secretary shall in writing either approve the
           regional plan or disapprove the regional plan if the
           secretary finds that the regional plan fails to meet any
           of the criteria set forth in paragraph (3)(i) through
           (iv).
               (ii)  Within 90 days of submission of the State water
           plan, the secretary shall in writing either approve the
           State water plan or disapprove the plan if the secretary
           finds that the State water plan fails to conform to the
           requirements of section 3112 or the policies adopted
           pursuant to subsection (a)(2).
               (iii)  Upon disapproval of a regional plan or State
           water plan, the secretary shall advise the Statewide
           committee and affected regional committee in writing of
           the reasons for such disapproval.
               (iv)  Upon receipt of any notice of disapproval, the
           Statewide committee, any affected regional committee and
           the department shall undertake expeditious and diligent
           efforts to confer and resolve the issues identified as
           the reasons for disapproval. Within 90 days of receipt of
           any disapproval notice, the Statewide committee shall
           recommend a revised plan which addresses and resolves the
           issues.
           (5)  Final adoption of each regional plan component and
       the State water plan shall occur only upon the approval and
       recommendation by the Statewide committee to the secretary
       for the approval and adoption of the State water plan and
       subsequent adoption by the secretary.
           (6)  Upon adoption of the State water plan, the
       department shall publish notice of the adoption or amendment
       of the State water plan in the Pennsylvania Bulletin and on
       the department's World Wide Web site.
       (d)  Periodic review.--The Statewide committee and the
    department shall, at least once every five years and after
    consultation with the regional committees, review the State
    water plan to determine whether it reflects the objectives,
    policies and purposes of this chapter. This determination,
    including recommendations for revisions to regional plans, shall
    be set forth in writing.
       (e)  Plan amendment.--The State water plan may be amended in
    accordance with the requirements of this section.
     § 3116.  Use of plan.
       (a)  General use of plan.--The State water plan is intended
    to serve as a policy and guidance document, providing
    information, objectives, priorities and recommendations to be
    considered and weighed in a broad range of State, local and
    private decisions. The State water plan is not intended to
    constitute or contain legally binding regulations, prohibitions
    or prescriptions.
       (b)  Specific uses of plan.--Among other uses, it is intended
    that the State water plan will be used to:
           (1)  Identify and prioritize water resource and water
       supply development projects to be carried out by private
       organizations or government agencies.
           (2)  Provide information to public and private decision
       makers regarding water availability to help guide efficient
       investment and economic development.
           (3)  Identify opportunities for improving operation of
       this Commonwealth's existing water resources infrastructure.
           (4)  Guide the development and implementation of policies
       and programs by State agencies that will reduce the risk of
       flooding, water shortages from drought and conflicts between
       water users or uses.
           (5)  Guide policies on activities that directly and
       significantly affect the quantity and quality of water
       available with the objective of balancing and encouraging
       multiple uses of water resources.
           (6)  Educate public officials and the public at large
       regarding the sources and uses of water in this Commonwealth.
     § 3117.  Statewide data system.
       (a)  General rule.--In cooperation with the Compact Basin
    Commissions and Federal, State and regional agencies with
    responsibilities relating to water resources management, the
    department shall establish and maintain a Statewide system to
    gather, process and distribute information on the availability,
    distribution, quality and use of water resources of this
    Commonwealth.
       (b)  Other commissions and agencies.--The department shall
    invite interested Compact Basin Commissions and Federal, State
    and regional agencies with responsibilities relating to water
    resources management to join the Statewide data system and shall
    cooperate with any such agency choosing to join the system.
       (c)  Fee.--Information gathered in the Statewide data system,
    subject to protection provided to confidential business
    information under section 3119 (relating to confidential
    information), shall be made available to any person on payment
    of a reasonable fee, as established by the department with the
    advice of the Statewide committee, to cover the expenses of
    making such information available to that person.
     § 3118.  Water use registration and reporting.
       (a)  Interim registration program.--Pending the adoption of
    regulations for registration and reporting under subsection (b),
    each public water supply agency and each hydropower facility,
    irrespective of the amount of withdrawal, and each person whose
    total withdrawal or withdrawal use from one or more points of
    withdrawal within a watershed operated as a system either
    concurrently or sequentially exceeds an average rate of 10,000
    gallons a day in a 30-day period shall register with the
    department the source, location and amount of withdrawal or use
    or both. Registrations shall be submitted not later than 12
    months after the effective date of this chapter or 30 days
    following the initiation of any such withdrawal or use,
    whichever is later. Registrations shall be submitted on forms as
    prescribed by the department.
       (b)  General rule; requirements for registration and
    reporting.--In order to provide accurate information for water
    resources planning, the department in consultation with the
    Statewide committee shall recommend and the Environmental
    Quality Board shall adopt regulations establishing requirements
    for the registration, periodic reporting and recordkeeping of
    withdrawals in accordance with the following provisions:
           (1)  Each public water supply agency and each hydropower
       facility, irrespective of the amount of withdrawal, and each
       person whose total withdrawal or withdrawal use from one or
       more points of withdrawal within a watershed operated as a
       system either concurrently or sequentially exceeds an average
       rate of 10,000 gallons a day in a 30-day period shall comply
       with recordkeeping and periodic reporting requirements
       established by regulation. Such regulations shall require
       water users subject to the registration requirements of this
       section to monitor, maintain records and submit to the
       department periodic reports regarding the source, location
       and amount of withdrawals or uses or both from surface waters
       and groundwaters, including the amount of consumptive and
       nonconsumptive uses, the locations and amounts of any waters
       returned and discharged and the amounts of water transferred
       between public water supply agencies via interconnections.
       Such regulations shall not require submission of periodic
       reports more frequently than annually. Where alternative
       methods exist to obtain a reasonably accurate evaluation of
       withdrawals or withdrawal uses, consumptive or nonconsumptive
       uses and return flows, such regulations shall allow for use
       of the alternative methods to obtain a reasonable estimate or
       indirect calculation of such in lieu of direct metering or
       measurement. With respect to withdrawal uses, other than
       public water supply agency withdrawals and hydropower
       facilities, involving a withdrawal of less than 50,000
       gallons per day in a 30-day period, the regulations shall
       provide for the use of alternative methods to obtain a
       reasonable estimate or indirect calculation of such in lieu
       of direct metering or measurement.
           (2)  The regulations may provide for the adjustment of or
       variations in registration, recordkeeping or periodic
       reporting requirements for identified classification of user
       or volume of withdrawal if such requirements are not
       necessary to obtain information required to adequately assess
       water uses, monitor demands and otherwise prepare accurate
       and complete regional and State water plans and, if
       applicable, critical area resource plans.
           (3)  The regulations shall include a process under which
       water users may document and register practices or projects
       that they have implemented to reduce water withdrawals or
       consumptive use, promote groundwater recharge or otherwise
       conserve or enhance water supplies for consideration and use
       in providing appropriate recognition and credit during the
       implementation of existing or future water supply programs.
           (4)  To avoid duplication of efforts, regulations
       implementing the periodic reporting requirements of this
       subsection shall provide that the requirements may be
       satisfied by the filing of discharge monitoring reports
       prepared under the Clean Streams Law, water supply reports
       prepared under the Safe Drinking Water Act, water withdrawal
       and use reports prepared and submitted pursuant to
       regulations adopted by the Delaware River Basin Commission
       and Susquehanna River Basin Commission, or other reports
       submitted under other applicable statutes and regulations, to
       the extent that the reports provide the required information.
           (5)  Nothing in this section shall be construed to
       authorize the department or the Environmental Quality Board
       to require metering of homeowner wells.
           (6)  Where a registered withdrawal is terminated or is
       reduced to an amount which over a 12-month period is less
       than the 30-day average threshold amounts requiring
       registration, the person responsible for such withdrawal may
       file a written notice with the department of such termination
       and reduction. After filing such notice, the person shall be
       relieved of further obligations relating to period reporting
       under this section.
           (7)  Persons required to register and report water
       withdrawals or uses under this section shall keep records
       required by regulation for a period of five years and make
       such records available for inspection by the department upon
       request.
           (8)  Registration of a withdrawal or use shall not be
       construed as a determination of a person's water rights or
       approval of a withdrawal or use by any agency of the
       Commonwealth or by a Compact Basin Commission.
       (c)  Confidentiality of information.--Information provided to
    the department under this section shall be subject to the
    provisions of section 3119 (relating to confidential
    information).
     § 3119.  Confidential information.
       (a)  General rule.--Except as provided in subsection (b),
    information required to be submitted to the department under
    this chapter shall be subject to the provisions of the act of
    June 21, 1957 (P.L.390, No.212), referred to as the Right-to-
    Know Law.
       (b)  Exception.--The department, the Statewide committee and
    any regional committee shall not disclose confidential
    information required to be submitted to the department under
    this chapter unless:
           (1)  the confidential information is contained in a
       report in which the identity of the submitting person has
       been removed and the confidential information is aggregated
       by hydrologic unit or region; or
           (2)  the confidential information is disclosed to
       employees, contractors, agents or authorized representatives
       of the department, including the State and regional planning
       committees for the purposes of this chapter.
       (c)  Confidential information submitted.--If a person submits
    confidential information under this chapter, the person must
    identify the information that is confidential information and
    provide a justification for its confidential nature. The
    department, Statewide committee or regional committees shall
    hold the confidential information in a file separate from the
    general records relating to the person.
     § 3120.  Water conservation.
       (a)  Technical assistance center.--The department shall
    establish and maintain a water resources technical assistance
    center to promote voluntary water conservation and to provide
    technical assistance on water resources uses issues, including
    methods for efficient water use, including reduction of
    unaccounted-for water loss and the replenishment and
    conservation of water resources. The center shall:
           (1)  Establish a voluntary Statewide water conservation
       program for all water users.
           (2)  Establish guidelines for the development of
       voluntary water use reduction plans in critical water
       planning areas.
           (3)  Establish voluntary water use reduction goals for
       all water users.
           (4)  Identify water conservation principles, practices
       and technology to assist all water users in conserving water.
           (5)  Develop a water conservation educational program for
       households, industry and other water users.
           (6)  Establish a Governor's Water Conservation Award to
       recognize outstanding conservation of water.
           (7)  Develop a program to promote voluntary reduction of
       unaccounted for water loss.
           (8)  Identify principles, practices and technologies to
       encourage groundwater recharge.
       (b)  Grant approval.--When approving funding pursuant to the
    act of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania
    Infrastructure Investment Authority Act, the Pennsylvania
    Infrastructure Investment Authority shall give special
    consideration to funding projects that:
           (1)  address unaccounted-for water loss or that implement
       water conservation practices by a public water supply agency
       whose unaccounted-for water loss rate exceeds 20%, provided
       that, as a condition for such assistance, the applicant shall
       agree to attempt to recover the true cost of service from
       ratepayers and adopt and implement a water system management
       program that conforms to minimum standards established by the
       department, the Pennsylvania Public Utility Commission or any
       Compact Basin Commission for water metering, meter testing
       and replacement, leak detection, unaccounted-for water
       tracking and reporting and conservation education; or
           (2)  provide for interconnection between water systems to
       improve reliability.
     § 3121.  Grants.
       (a)  Authorization.--The department is authorized to provide
    grants for the following purposes:
           (1)  Reimbursement of up to 75% of the cost of preparing
       a voluntary water use reduction plan under section 3120(a)(2)
       (relating to water conservation).
           (2)  Water resources education, technical assistance and
       water conservation, including the promotion of voluntary
       reduction of unaccounted-for water loss, under section
       3120(a).
       (b)  Funding.--Grants shall be made from funds available for
    this purpose.
                              SUBCHAPTER C
                     ADMINISTRATION AND ENFORCEMENT
    Sec.
    3131.  Administration.
    3132.  Public nuisance.
    3133.  Enforcement orders.
    3134.  Civil remedies.
    3135.  Preservation of rights and remedies.
    3136.  Relation to other laws.
     § 3131.  Administration.
       (a)  Use of funds.--The department shall use fees collected
    from the use of the Statewide data system to defray the
    reasonable costs of administering sections 3117 (relating to
    Statewide data system) and 3118 (relating to water use
    registration and reporting).
       (b)  Public records and confidentiality of information.--
    Except as provided in section 3119 (relating to confidential
    information) or in another statute, reports and other
    information obtained by the Statewide committee, a regional
    committee or the department under this chapter shall be a matter
    of public record and shall be available for inspection and
    review at the offices of the department, the Statewide committee
    or the appropriate regional committee.
       (c)  Investigations and inspections.--To determine compliance
    with this chapter, the department is authorized, during
    reasonable hours and upon reasonable notice, to make such
    reasonable inspections, conduct such reasonable tests or
    sampling or examine books, papers and records related
    specifically to any withdrawal under investigation pursuant to
    section 3118 (relating to water use registration and reporting)
    as it deems necessary.
       (d)  Water Resources Fund.--Fines and penalties collected
    under this chapter shall be paid into the State Treasury in a
    special fund known as the Water Resources Fund. This fund shall
    be administered by the department to carry out the purposes of
    this chapter.
       (e)  Use of other funds.--Money in the Clean Water Fund
    established by the act of June 22, 1937 (P.L.1987, No.394),
    known as The Clean Streams Law, may be used by the department
    for purposes of this chapter.
     § 3132.  Public nuisance.
       (a)  General rule.--A violation of this chapter or an order
    or regulation under this chapter shall constitute a public
    nuisance.
       (b)  Applicability of other law.--Nothing in this chapter
    shall be construed as affecting the application of 18 Pa.C.S. §
    5101 (relating to obstructing administration of law or other
    governmental function).
     § 3133.  Enforcement orders.
       (a)  Issuance.--The department may issue orders necessary to
    aid in the enforcement of this chapter. An order may be issued
    if the department finds that a person is in violation of this
    chapter or of a regulation issued under this chapter. The
    department may, in its order, require compliance with terms and
    conditions necessary to effect the purposes of this chapter.
       (b)  Effective date.--An order issued under this section
    shall take effect upon notice unless the order specifies
    otherwise.
       (c)  Other remedies preserved.--The right of the department
    to issue an order under this section is in addition to any
    penalty which may be imposed or any other action taken under
    this chapter.
       (d)  Duty to comply.--It shall be the duty of any person to
    proceed diligently to comply with any order issued by the
    department under this section. If such person fails to proceed
    diligently or fails to comply with the order within such time,
    if any, which may be specified in the order, the person shall be
    guilty of contempt and shall be punished by the court in an
    appropriate manner. For this purpose, application may be made by
    the department to the Commonwealth Court, which court is hereby
    granted jurisdiction.
     § 3134.  Civil remedies.
       (a)  Abatement of nuisances.--An activity or condition
    declared to be a public nuisance under section 3132 (relating to
    public nuisance) shall be restrained or prevented in the manner
    provided by law or equity for abatement of public nuisances, and
    the reasonable expense thereof may be recovered from the
    violator.
       (b)  Civil remedies.--The department may bring an action in
    any court of competent jurisdiction to restrain and abate the
    violation of this chapter or any regulation issued under this
    chapter. Any other provision of law to the contrary
    notwithstanding, the courts of common pleas and Commonwealth
    Court shall have jurisdiction of such actions, and venue in such
    actions shall be set forth in the Pennsylvania Rules of Civil
    Procedure concerning actions in assumpsit.
       (c)  Civil penalties.--In addition to proceeding under any
    other remedy available under this chapter for the violation of
    any provision of this chapter or any regulation or order issued
    under this chapter, the department may assess a civil penalty
    upon a person for such violation. The maximum civil penalty that
    may be assessed is $1,000 per day for each violation. Each
    violation of any provision of this chapter and each violation
    for each separate day shall constitute a separate and distinct
    offense. The civil penalty may be assessed whether or not the
    violation was willful or negligent. In determining the amount of
    a civil penalty, the department shall consider the degree of
    willfulness and duration of the violation, savings resulting to
    the person as the result of the violation, the damage to water
    resources of this Commonwealth resulting from the violation and
    other relevant factors. When the department proposes to assess a
    civil penalty, it shall inform the person of the proposed amount
    of such penalty. The person charged with the civil penalty shall
    then have 30 days to pay the proposed penalty in full or, if the
    person wishes to contest either the amount of the penalty or the
    fact of the violation, the person shall within the 30-day period
    file an appeal of the action with the Environmental Hearing
    Board. Failure to appeal within the 30-day period shall result
    in a waiver of all legal rights to contest the violation and the
    amount of the civil penalty.
       (d)  Remedies to be concurrent.--The remedies prescribed in
    this chapter shall be deemed concurrent, and the existence or
    exercise of any remedy shall not prevent the department from
    exercising any other remedy under this chapter, at law or in
    equity.
     § 3135.   Preservation of rights and remedies.
       (a)  Other remedies.--The collection of a penalty under this
    chapter shall not be construed as estopping the Commonwealth, a
    municipality or an authorized agency from proceeding in courts
    of law or equity to abate public nuisances under existing law.
       (b)  Remedies additional and cumulative.--It is declared to
    be the purpose of this section to provide additional and
    cumulative remedies to protect the public interest in the water
    resources of this Commonwealth.
       (c)  Pending suits.--This chapter does not apply to suits
    instituted prior to its effective date.
     § 3136.  Relation to other laws.
       (a)  Limitations upon department.--Nothing contained in this
    chapter shall be construed to authorize, diminish or expand the
    existing authority of the department, including the
    Environmental Quality Board, to regulate, control or require
    permits for the withdrawal or use of water. Nothing contained in
    this chapter shall be construed to authorize, diminish or expand
    the existing authority of the department under the act of June
    22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.
    Further, nothing set forth in this chapter, any regulations
    adopted under this chapter or in the State water plan shall
    authorize the department to take any action to:
           (1)  Modify or impair any permits, agreements or other
       approvals issued under other State statutes or vested rights
       related to water withdrawals or uses.
           (2)  Interfere with or impose additional conditions upon
       the use or operation of any existing reservoir or water
       storage facility.
           (3)  Regulate or impose any conditions upon any activity
       or use not currently authorized under applicable State
       statutes and regulations.
       (b)  Limitations on water allocation authority.--The General
    Assembly reiterates the declarations of other statutes
    reflecting the need to manage water resources on a watershed
    basis without respect to political boundaries and the
    understanding that water management programs should be based
    upon an accurate and current State water plan. Accordingly, no
    political subdivision shall have any power to allocate water
    resources or to regulate the location, amount, timing, terms or
    conditions of any water withdrawal by any person.
       (c)  Limitations on municipalities.--Nothing in subsection
    (b) shall affect the power of any municipality to adopt and
    enforce ordinances pursuant to 35 Pa.C.S. Pt. V (relating to
    emergency management services) or regulate the use of land
    pursuant to the Pennsylvania Municipalities Planning Code or
    other laws. Further, each municipality shall retain and may
    exercise such authority as conferred by other statutes to adopt
    ordinances and regulations concerning:
           (1)  mandatory connection to and use of available public
       water supplies; and
           (2)  the prohibition or regulation of withdrawals from
       particular sources of water that may be contaminated in order
       to protect public health and safety from exposure to the
       contamination or avoid the induced migration of the
       contamination.
       (d)  Limitations relating to compacts.--Nothing in this
    chapter shall be construed to supersede or abrogate any
    provisions of the act of July 7, 1961 (P.L.518, No.268), known
    as the Delaware River Basin Compact, or the act of July 17, 1968
    (P.L.368, No.181), referred to as the Susquehanna River Basin
    Compact Law, and this chapter shall be construed in pari materia
    with such compacts.
       Section 3.  Repeals are as follows:
           (1)  The act of May 20, 1993 (P.L.38, No.11), known as
       the Department of Environmental Resources Agricultural
       Advisory Board Act, is repealed.
           (2)  All acts and parts of acts are repealed insofar as
       they are inconsistent with the addition of 27 Pa.C.S. Ch. 31.
       Section 4.  The addition of 27 Pa.C.S. Ch. 7 is a
    continuation of the act of May 20, 1993 (P.L.38, No.11), known
    as the Department of Environmental Resources Agricultural
    Advisory Board Act. The following apply:
           (1)  Except as otherwise provided in 27 Pa.C.S. Ch. 7,
       all activities initiated under the Department of
       Environmental Resources Agricultural Advisory Board Act shall
       continue and remain in full force and effect and may be
       completed under 27 Pa.C.S. Ch. 7. Orders, regulations, rules
       and decisions which were made under the Department of
       Environmental Resources Agricultural Advisory Board Act and
       which are in effect on the effective date of section 3 of
       this act shall remain in full force and effect until revoked,
       vacated or modified under 27 Pa.C.S. Ch. 7.
           (2)  Except as set forth in paragraph (3), any difference
       in language between 27 Pa.C.S. Ch. 7 and the Department of
       Environmental Resources Agricultural Advisory Act is intended
       only to conform to the style of the Pennsylvania Consolidated
       Statutes and is not intended to change or affect the
       legislative intent, judicial construction or administration
       and implementation of the Department of Environmental
       Resources Agricultural Advisory Board Act.
           (3)  Paragraph (2) does not apply to the addition of 27
       Pa.C.S. § 702(b) and (c).
       Section 5.  This act shall take effect as follows:
           (1)  This section shall take effect immediately.
           (2)  The following provisions shall take effect in 60
       days:
               (i)  The addition of 27 Pa.C.S. Ch. 7.
               (ii)  Section 3(1) of this act.
               (iii)  Section 4 of this act.
           (3)  The remainder of this act shall take effect in 90
       days.

    APPROVED--The 16th day of December, A. D. 2002.

    MARK S. SCHWEIKER

NRC Issues Order to Honeywell to Address Discrimination Concerns

NRC Issues Order to Honeywell to Address Discrimination Concerns

The Nuclear Regulatory Commission has issued a confirmatory order to Honeywell International, Inc., requiring new training, communications, policies and guidance following an incident in which a contractor for the company terminated an employee, allegedly in part because the employee reported smelling alcohol on a supervisor’s breath while on duty.

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Rulemakings and Adjudications Staff (2.802 Petition for Rulemaking on In-Core Monitoring)

March 13, 2015

Annette L. Vietti-Cook
Secretary
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Attention: Rulemakings and Adjudications Staff

PETITION FOR RULEMAKING

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PPL Response to Shareowner Proposal (Spinoff Resolution)

March 10, 2015

VIA FEDEX AND E-MAIL

Mr. Eric Joseph Epstein
4100 Hillsdale Road
Harrisburg, PA, 17112
lechambon@comcast.net

Re:     Proposal for Shareowner Consideration at the PPL 2015 Annual Meeting

Dear Mr. Epstein:

In light of the expected filing date of our proxy statement this year and in accordance with Rule 14a-8 under the Securities Exchange Act of 1934, I have attached PPL Corporation's response to your shareowner proposal regarding PPL’s spinoff of its PPL Energy Supply, LLC business, together with your proposal, as each will appear in PPL Corporation's proxy statement this year if no-action relief for exclusion is not granted by the SEC. PPL’s submission of its no-action letter to the SEC to exclude your proposal from PPL’s proxy statement is still pending before the SEC.  If relief is granted by the SEC, we will exclude your proposal from this year’s proxy statement.

I would appreciate your confirmation of receipt of this e-mail by return e-mail.  Thank you.

Sincerely yours,

Elizabeth Stevens Duane

Attachment
Elizabeth Stevens Duane
Associate General Counsel and Assistant Secretary
PPL
Two North Ninth Street
Allentown, PA  18101 

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Monday, March 9, 2015

Three Mile Island Nuclear Station, Unit 1 - Review of Steam Generator tube Inspection Report for Fall 2013 Outage (TAC NO. MF4192)

Three Mile Island Nuclear Station, Unit 1 - Review of Steam Generator tube Inspection Report for Fall 2013 Outage (TAC NO. MF4192)

Download ML15043A144

Annual Assessment Letter for Peach Bottom Atomic Power Station (Report 05000277/2014001 and 05000278/2014001)

Annual Assessment Letter for Peach Bottom Atomic Power Station (Report 05000277/2014001 and 05000278/2014001)

Download ML15062A180

Annual Assessment Letter for Susquehanna Steam Electric Station, Units 1 and 2 (Report 05000387/2014001 and 05000388/2014001)

Annual Assessment Letter for Susquehanna Steam Electric Station, Units 1 and 2 (Report 05000387/2014001 and 05000388/2014001)

Download ML15062A232

Annual Assessment Letter for Three Mile Island Nuclear Station, Unit 1 (Report 05000289/2014001)

Annual Assessment Letter for Three Mile Island Nuclear Station, Unit 1 (Report 05000289/2014001)

Download ML15062A402

Three Mile Island Nuclear Station, Unit 1 - Project Manager Assignment

Three Mile Island Nuclear Station, Unit 1 - Project Manager Assignment

Download ML15057A335

Tuesday, March 3, 2015

Eric Epstein's Response to PPL's Proposed Spin-off, (SEC, 2/27/15)

February 27, 2015

Office of Chief Counsel,
Division of Corporation Finance,
Securities and Exchange Commission
100 F. Street, 
Washington, D.C. 20549

PPL’s  (“PPL” or the “Company”) arguments for a No Action Exclusion
of Eric Joseph Epstein’s (“Epstein” or “Mr. Epstein”) share owner proposal
submitted on December 1, 2014 (Exhibit A) are fatally flawed and should be
rejected by the Staff.

The Company's Exclusion proposal, submitted on January 19, 2015,
(Exhibit B) ignored the directive issued on January 16, 2015, by Security
and Exchange Commission (“SEC”) Chairwoman Mary Jo White.
Chairwoman White directed the Commission staff to review and report
to the Commission “on the proper scope and application” of Rule 14a-8(i)(9),
the “conflicts with management proposal” grounds for excluding a shareholder
proposal from an issuer’s proxy statement.

Despite Chairwoman's White’s directive , PPL requested “the Staff’s
concurrence that the Company exclude the Proposal from its Proxy Materials”. 
In light of Chairwoman White’s directive , PPL’s No Action Request -  at a minimum -
should be held in abeyance until the SEC’s investigation is concluded.

Mr. Epstein’s shareowner proposal is timely, and should be voted on at PPL’s
Annual Shareholder meeting scheduled for this spring. Mr.  Epstein respectfully
requests that his shareholder proposal be advertised and voted upon at the Annual
Meeting.   

Respectfully submitted,

Eric Joseph Epstein,
4100 Hillsdale Road,
Harrisburg, PA, 17112

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Supplements to the PPL License Transfer Request

As we discussed, here are the ADAMS links for the supplements to the License Transfer request.

View ADAMS P8 Properties ML14311A672
Open ADAMS P8 Document (Susquehanna Steam Electric Station - Response To Request For Additional Information Re: Application For Approval Of Indirect Transfer Of Control PLA-7245.)


View ADAMS P8 Properties ML14311A689
Open ADAMS P8 Document (PPL_Talen Energy - Appendices in Support of Joint Application - Non-Proprietary Version.)


View ADAMS P8 Properties ML14311A292
Open ADAMS P8 Document (Susquehanna - Supplemental Information To The Application For Approval Of Indirect Transfer Of Control.)


View ADAMS P8 Properties ML15002A215
Open ADAMS P8 Document (Susquehanna Steam Electric Station Clarification of RAI Response PLA-7261.)


View ADAMS P8 Properties ML14344A207
Open ADAMS P8 Document (Susquehanna - Update to July 11 Request for Order Approving Indirect Transfer of Control.)


View ADAMS P8 Properties ML15007A408
Open ADAMS P8 Document (Susquehanna Steam Electric Station - Response to Second Request for Additional Information Regarding Application for Approval of Indirect Transfer of Control PLA-7274.)


View ADAMS P8 Properties ML15016A050
Open ADAMS P8 Document (Susquehanna, Updated Information re: Application for Approval of Indirect Transfer of Control PlA-7278.)


Let me know if you have any issues opening the documents.

Thanks,

Jeffrey Whited
Project Manager
Plant Licensing Branch II-1
Division of Operating Reactor Licensing
Office of Nuclear Reactor Regulation
U.S. Nuclear Regulatory Commission