2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3115 - Development, adoption, amendment and periodic review of State water plan

§ 3115. Development, adoption, amendment and periodic review of
State water plan.
(a) Preparation of State water plan.
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(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.
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(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.
Cross References.
Section 3115 is referred to in sections 3102, 3112, 3114 of this title.