

     § 6104.  Fund.
        (a)  Establishment.--There is established a special fund in
     the State Treasury, to be known as the Environmental Stewardship
     Fund.
        (b)  Sources.--
            (1)  Money appropriated by the General Assembly, interest
        earned by the fund, penalties, money received from the
        Federal Government or other sources and money received from
        the fee established under section 6112(b) (relating to
        extension of fees) shall be deposited in the fund. Moneys
        appropriated by the General Assembly to the fund shall be
        transferred on a quarterly basis in increments of at least
        20%.
            (2)  For fiscal years 1999-2000 through 2003-2004, the
        fund may receive money, upon approval of the Governor, from
        the Recycling Fund and the Hazardous Sites Cleanup Fund. The
        combined total of appropriations from these two funds for the
        program shall not exceed $30,000,000 annually.
            (3)  It is the intent of the General Assembly that
        $100,000,000 per fiscal year be appropriated from the General
        Fund for fiscal years 2000-2001 through 2003-2004 to the
        fund. The Governor's annual budget submission for fiscal
        years 2000-2001 through 2003-2004 shall include the sum of
        $100,000,000 per fiscal year for allocation in accordance
        with this section.
        (c)  Appropriation.--The money in the fund is hereby
     appropriated, upon approval of the Governor, to the departments
     and the authority for the purpose of implementing the provisions
     of this chapter.
        (d)  Allocation.-- The money appropriated in subsection (c)
     shall be allocated annually as follows:
            (1)  For fiscal year 1999-2000, 28.4% to the Department
        of Conservation and Natural Resources, 43.7% to the
        Department of Environmental Protection and 27.9% to the
        authority.
            (2)  For fiscal years 2000-2001 through 2003-2004, 24.1%
        to the Department of Conservation and Natural Resources,
        37.4% to the Department of Environmental Protection, 14.8% to
        the Department of Agriculture and 23.7% to the authority.
            (3)  For fiscal year 2004-2005, moneys in the fund shall
        be allocated in accordance with paragraph (1).
            (4)  For fiscal year 2005-2006, up to $20,000,000 of the
        moneys in the fund shall be deposited into the Hazardous
        Sites Cleanup Fund and the remaining moneys shall be
        allocated in accordance with paragraph (2).
            (5)  For fiscal year 2006-2007, up to $30,000,000 of the
        moneys in the fund shall be deposited into the Hazardous
        Sites Cleanup Fund and the remaining moneys shall be
        allocated in accordance with paragraph (2).
            (6)  For fiscal year 2007-2008 and each year thereafter,
        moneys in the fund shall be allocated in accordance with
        paragraph (2).
        (d.1)  Calculation of allocations.--The annual allocations
     under subsection (d)(4), (5) and (6) shall be calculated after
     moneys have been deposited into the Hazardous Sites Cleanup Fund
     pursuant to subsection (d)(4) and (5) and after payments
     authorized by section 6115(d)(4) (relating to Commonwealth
     indebtedness). The annual allocations shall be determined by the
     Secretary of the Budget.
        (d.2)  Allocation reductions.--The annual allocation to the
     authority under subsection (d)(4), (5) and (6) shall be reduced,
     as and if necessary, by the following sums, which shall be
     determined by the Secretary of the Budget:
            (1)  Up to $2,500,000 to the General Fund for
        reimbursement for any tax exclusion granted for certain
        energy efficient appliances pursuant to legislation enacted
        for this purpose.
            (2)  Up to $10,000,000 to the General Fund for
        reimbursement of any historic preservation tax credit program
        established pursuant to legislation enacted for this purpose,
        or to the agency administering any historic preservation
        grant program established pursuant to legislation enacted for
        this purpose, for reimbursement of funds expended for such
        program, as the case may be.
        (d.3)  Additional deposit.--From within the funds allocated
     under section 6116 (relating to establishment of bond fund and
     allocation and use of bond proceeds), the Secretary of the
     Budget may deposit into the fund amounts equal to those
     deposited into the Hazardous Sites Cleanup Fund under subsection
     (d)(4) and (5) and may, at the secretary's discretion, apply the
     amount of the funds so deposited into the fund under this
     subsection against the amounts allocated in section 6116(c).
        (e)  Legislative oversight.--
            (1)  An annual expenditure plan for the fund shall be
        submitted by the Governor to the General Assembly as part of
        the Governor's annual budget submission. The expenditure plan
        shall be open for review and comment by the members of the
        General Assembly and shall include a detailed listing of the
        types of programs for the actual year, current year and
        proposed budget year.
            (2)  The Secretary of the Budget shall provide quarterly
        financial statements showing the status of the Recycling
        Fund, the Hazardous Sites Cleanup Fund and the Environmental
        Stewardship Fund to the chairman and minority chairman of the
        Appropriations Committee of the Senate and the chairman and
        minority chairman of the Appropriations Committee of the
        House of Representatives. Such statements shall be provided
        within 30 days of the close of each quarter of the fiscal
        year and shall commence with the quarter ending March 31,
        2000.
     (July 13, 2005, P.L.213, No.45, eff. imd.)

        2005 Amendment.  Act 45 amended subsec. (d) and added
     subsecs. (d.1), (d.2) and (d.3).
        Cross References.  Section 6104 is referred to in sections
     6103, 6105, 6305 of this title.
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Last modified: November 27, 2007