9106 - Dirt and gravel road maintenance.

     § 9106.  Dirt and gravel road maintenance.        (a)  Statement of purpose.--It is the intent and purpose of     this section:            (1)  To fund safe, efficient and environmentally sound        maintenance of sections of dirt and gravel roads which have        been identified as sources of dust and sediment pollution.            (2)  To establish a dedicated and earmarked funding        mechanism that provides streamlined appropriation to the        county level and enables local officials to establish fiscal        and environmental controls.        (b)  General rule.--Of the funds available under section     9502(a)(1) (relating to imposition of tax), $1,000,000 shall be     annually distributed to the Department of Conservation and     Natural Resources for the maintenance and mitigation of dust and     sediment pollution from forestry roads. Funds in the amount of     $4,000,000 shall be appropriated annually to the State     Conservation Commission and administered in a nonlapsing,     nontransferable account restricted to maintenance and     improvement of dirt and gravel roads. The State Conservation     Commission shall apportion the funds based on written criteria     it develops to establish priorities based on preventing dust and     sediment pollution. In the first fiscal year, top priority shall     be given to specific trouble spot locations already mapped by     the Task Force on Dirt and Gravel Roads and available from the     department.        (c)  Apportionment criteria.--The apportionment criteria     shall:            (1)  Be based on verified need to correct pollution        problems related to the road.            (2)  Consider the total miles of dirt and gravel roads        maintained by local municipalities or State agencies that are        open to the public during any period of the year.            (3)  Consider total miles of dirt and gravel roads within        watersheds protected as of November 1996 as exceptional value        or high quality waters of this Commonwealth.            (4)  Consider allowances for the local costs of limestone        aggregate.            (5)  Consider the commitments of grant applicants to        comply with the nonpollution requirements established.        (d)  State Conservation Commission.--The State Conservation     Commission shall:            (1)  Adopt performance standards.            (2)  Provide for a system of audit.            (3)  Annually assess the program and annually report to        the Transportation Committee of the Senate and the        Transportation Committee of the House of Representatives on        its acceptance and effectiveness.     The State Conservation Commission shall be entitled to withhold     and expend the costs of the audit and report preparation up to     the maximum limit of 2% of the funds administered.        (e)  Quality assurance boards.--Apportioned funds are to be     dispersed to county conservation districts which apply for them     and are to be used by State agencies and local municipalities     that maintain roads within the county and fulfill certain     requirements specified under subsection (g). Within the     conservation district a quality assurance board shall be     impaneled to establish and administer the grant program. The     four-member quality assurance board is to be comprised of a     nonvoting chairman appointed by the conservation district     directors and one local representative appointed by each of the     following entities:            (1)  The Federal Natural Resources Conservation Service.            (2)  The Pennsylvania Fish and Boat Commission.            (3)  The county conservation district.     If circumstances require, the chairman may vote to decide a tie     vote.        (f)  Administration.--The quality assurance board's     administration of funding shall include:            (1)  Adoption of written criteria to assure equal access        for all eligible applicants within specified funding        categories.            (2)  Provision of documentation that application has been        made for all required permits.            (3)  Adoption of procedures that assure a minimal amount        of procedural paperwork.            (4)  Adoption of written criteria to specify priorities.            (5)  Adoption of funding categories to provide for        separate budgeting for:                (i)  Department of Conservation and Natural            Resources, Bureau of Forestry roads.                (ii)  Municipal government roads.                (iii)  Road demonstration projects.                (iv)  Training grants restricted to 15% of funding.                (v)  Administrative costs, limited to actual            documented costs and restricted to a maximum of 10%.            (6)  Adoption of incentives for training road managers        and equipment operators.            (7)  Adoption of standards that prohibit use of materials        or practices which are environmentally harmful.            (8)  Adoption of site inspection requirements to verify        completion of work.        (g)  Grant applications.--Each grant application shall:            (1)  Be specific to one work location or one type of work        except that all State forest roads within one county and        within one forest district may be authorized on a single        grant.            (2)  Expedite the approval process by allowing the        quality assurance board to insert additional requirements        that complete and qualify the grant for approval and which        when accepted by the applicant become a binding obligation on        the applicant.            (3)  Require minimal handwritten information such as        location, problem being solved, basis of cost estimate,        project work schedule, basis of successful completion and        type and amount of pollution reduced.     The grant application shall not exceed one page with reference     to published standards being acceptable.     (Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997)        1997 Amendment.  Act 3 added section 9106.