4706.1 - Centralized emission inspection litigation settlement.
§ 4706.1. Centralized emission inspection litigation settlement. (a) Authorization.--Except as otherwise provided in subsection (d) and notwithstanding any other provision of law to the contrary, the Governor is hereby authorized to transfer funds from the specific funds and continuing appropriations set forth in subsection (b) for the sole purpose of paying all settlements and court orders arising from legal action related to any contract with the department for the conduct of a program of centralized emissions inspections entered into prior to November 16, 1994, pursuant to the act of December 16, 1992 (P.L.1250, No.166). (b) Sources of transferable funds.--The funds and continuing appropriations subject to the authorization under subsection (a) are as follows: (1) The Catastrophic Loss Benefits Continuation Fund established under section 1798.4 (relating to Catastrophic Loss Benefits Continuation Fund). (2) Any funds remaining unexpended, unencumbered or uncommitted from the continuing appropriations for the hazardous waste control program contained in: (i) Section 211 of the act of June 29, 1984 (P.L.1360, No.7A), known as the General Appropriation Act of 1984. (ii) Section 212 of the act of June 30, 1985 (P.L.592, No.5A), known as the General Appropriation Act of 1985. (iii) Section 212 of the act of July 1, 1986 (P.L.1776, No.5A), known as the General Appropriation Act of 1986. (iv) Section 213 of the act of July 3, 1987 (P.L.459, No.9A), known as the General Appropriation Act of 1987. (v) Section 213 of the act of July 1, 1988 (P.L.1956, No.5A), known as the General Appropriation Act of 1988. Funds from this fund and these appropriations may be transferred upon approval of the Governor to a restricted account and are hereby appropriated for the payment of any settlements and court orders arising from legal action related to any contract with the department for the conduct of a program of centralized emission inspections entered into before November 16, 1994. (c) Transfer mechanism.--The transfers shall be upon warrant of the State Treasurer upon requisition of the Governor and shall be for the sole purpose of settling the legal action under this section. A statement of the actual amount of each transfer shall be reported to the General Assembly within 14 days of the requisition. (d) Exceptions.--This section shall not authorize the Governor to transfer any funds from the Catastrophic Loss Benefits Continuation Fund if the transfer of funds for the purpose contained in this section prevents timely processing and payment of catastrophic loss benefits under section 1798.2 (relating to transition). (e) Expiration.--This section shall expire December 31, 1998. (Dec. 15, 1995, P.L.655, No.72, eff. imd.) 1995 Amendment. Act 72 added section 4706.1.