58 PA Cons Stat § 2315 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 58 - OIL AND GAS|Chapter 23 - Unconventional Gas Well Fee|Section 2315 - Statewide initiatives

§ 2315. Statewide initiatives. (a) Establishment.--There is established in the State Treasury a fund to be known as the Marcellus Legacy Fund.  (a.1) Deposit and distribution.--Following distribution under section 2314(c), (c.1) and (c.2) (relating to distribution of fee) from fees collected for 2011 and each year thereafter, 40% of the remaining revenue in the fund shall be deposited into the Marcellus Legacy Fund and appropriated to the commission and distributed within three months after the date the fee is due as follows:  (1) Twenty percent to the Commonwealth Financing Authority for grants to eligible applicants for the following:  (i) Acid mines: damage, abatement and cleanup and mine reclamation, with priority given to projects which recycle and treat water for use in drilling operations.  (ii) Orphan or abandoned oil and gas well plugging. (iii) Complying with the act of January 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities Act.  (iv) Planning acquisition, development, rehabilitation and repair of greenways, recreational trails, open space, parks and beautification projects.  (v) Programs to establish baseline water quality data on private water supplies. (vi) Watershed programs and related projects. (vii) Up to 25% of funds distributed to the Commonwealth Financing Authority under this paragraph may be utilized for flood control projects.  (2) Ten percent to the Environmental Stewardship Fund. (3) Twenty-five percent to the Highway Bridge Improvement Restricted Account in the Motor License Fund to counties to be distributed to fund the cost of the replacement or repair of locally owned at-risk deteriorated bridges. Funds shall be distributed to counties proportionately based on the population of the county as follows:  (i) In each county, the distribution shall be according to the following formula: (A) Divide: (I) the total population of the county; by (II) the total population of the Commonwealth; (B) Express the quotient under clause (A) as a percentage. (C) Multiply: (I) the percentage under clause (B); by (II) the amount of money to be distributed under this paragraph. (ii) Each county shall receive a minimum of $40,000 to the extent funds are available. (iii) The Department of Transportation shall release money under this paragraph upon approval of a plan submitted by a county or municipality to repair an at-risk deteriorated bridge. The plan must include funding for replacement or repair.  (iv) A county of the first or second class may submit a plan to use its funds under this paragraph for at-risk deteriorated bridges owned by a public transportation authority.  (4) Twenty-five percent for water and sewer projects. Fifty percent of the amount distributed under this paragraph shall be transmitted to the Pennsylvania Infrastructure Investment Authority to be used in accordance with the act of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania Infrastructure Investment Authority Act. Fifty percent of the amount distributed under this paragraph shall be distributed to the H2O PA program to be used by the Commonwealth Financing Authority in accordance with section 301 of the act of July 9, 2008 (P.L.908, No.63), known as the H2O PA Act. The prohibition on grants for projects located in a city or county of the first or second class under section 301 of the H2O PA Act shall not apply to funds distributed to the H2O PA Program under this paragraph.  (5) Fifteen percent for the planning, acquisition, development, rehabilitation and repair of greenways, recreational trails, open space, natural areas, community conservation and beautification projects, community and heritage parks and water resource management. Funds may be used to acquire lands for recreational or conservation purposes and land damaged or prone to drainage by storms or flooding. Funds shall be distributed to counties proportionately based on the population of the county as follows:  (i) In each county, the distribution shall be according to the following formula: (A) Divide: (I) the total population of the county; by (II) the total population of the Commonwealth. (B) Express the quotient under clause (A) as a percentage. (C) Multiply: (I) the percentage under clause (B); by (II) the amount of funds available under this paragraph. (ii) Each county shall receive a minimum of $25,000 to the extent funds are available. (6) Five percent for distribution as follows: (i) From fees collected in 2011, 2012 and 2013, to the Department of Community and Economic Development for projects to provide for the planning, development, remodeling, remediation and construction of projects relating to oil, natural gas or other chemical substances. Projects under this subparagraph may include blending facilities to liquefy or refine natural gas or to convert natural gas to ethane, propane or other substances; facilities to refine oil; or facilities to refine or process oil, heating oil, jet fuel or any other chemical substance. Following 2014, funds not utilized by the Department of Community and Economic Development under this subparagraph shall be deposited in the Hazardous Sites Cleanup Fund.  (ii) After 2013, to the Hazardous Sites Cleanup Fund. (b) Restriction on use of proceeds.-- (1) Funds distributed under subsection (a.1) shall not be used for the purpose of public relations, outreach not directly related to project implementation, communications, lobbying or litigation.  (2) Funds distributed under subsection (a.1) may not be used by an authorized organization as defined in 27 Pa.C.S. § 6103 (relating to definitions) for land acquisition unless the authorized organization has obtained the written consent of the county and municipality in which the land is situated.  (c) Coordination.--The department and the Department of Conservation and Natural Resources shall review applications for funding as requested by the Commonwealth Financing Authority and provide recommendations on priority of projects and project approval.    2013 Partial Repeal. Section 20(8) of Act 71 of 2013 provided that section 2315 is repealed insofar as it is inconsistent with the addition of section 1774.1-A of the act of April 9, 1929, P.L.343, No.176, known as The Fiscal Code.  Cross References. Section 2315 is referred to in sections 2302, 2314 of this title.