(a) General rule.--The commission shall have the power and its duties shall be to:

(b) Schedule for facilities.--Within 90 days following the commission's organizational meeting, the commission shall establish a schedule that outlines the process for siting new hazardous waste disposal facilities identified as necessary in the Pennsylvania Hazardous Waste Facilities Plan. The commission may amend such schedule from time to time.

(c) Criteria.--The commission shall use existing departmental regulations for the siting of hazardous waste disposal facilities as set forth in Phase I of departmental siting criteria found in 25 Pa. Code Ch. 75 Subch. F.

(d) Selection of site by commission.--The commission shall apply the siting criteria to the entire Commonwealth and shall identify potentially suitable sites for hazardous waste disposal facilities throughout this Commonwealth. The commission may, at any time, solicit proposals from interested persons to develop hazardous waste disposal facilities at such sites as may be identified by the commission. If no such proposals are received by January 1, 1994, the commission may make application to the department, in the name of the Commonwealth, for the necessary permits to establish a State-owned hazardous waste disposal facility. In carrying out its duties under this subsection, the commission shall be authorized to lease such real estate owned by the Commonwealth which is not being used in connection with the work of any department, board or commission thereof for a period of not more than 50 years to individuals, firms, corporations or the Federal Government pursuant to section 2402(i) of the act of April 9, 1929 (P.L. 177, No. 175),¹ known as The Administrative Code of 1929, and shall also have the power of eminent domain to acquire a site or sites as may be deemed necessary, for the purpose of establishing a hazardous waste disposal facility.

(e) Transition.--The department shall complete its review of any permit application for a commercial hazardous waste disposal facility, which is deemed administratively complete and has been filed with the department prior to or on July 1, 1992. The siting module portion of a permit application for a commercial hazardous waste disposal facility that is subject to review subsequent to July 1, 1992, shall be filed with the commission in accordance with this section. For the purpose of implementing this section, the authority of the department with regard to the review and approval of the siting module portion of a permit application for a commercial hazardous waste disposal facility as set forth in section 309(c)² and applicable provisions of the Solid Waste Management Act³ is hereby transferred to the commission only to the extent that it relates to the siting of a commercial hazardous waste disposal facility within this Commonwealth.

(f) Applicability.--Nothing in this section shall be construed to affect, impair or supersede the authority of the department to issue a permit for a hazardous waste disposal facility pursuant to the Solid Waste Management Act.