PRINTER'S NO. 697
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
624
Session of
2017
INTRODUCED BY SCARNATI AND YAW, APRIL 13, 2017
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 13, 2017
AN ACT
Amending the act of April 27, 1966 (1st Sp.Sess., P.L.31, No.1),
entitled "An act to protect the public health, welfare and
safety by regulating the mining of bituminous coal; declaring
the existence of a public interest in the support of surface
structures; providing a remedy for the restoration or
replacement of water supplies affected by underground mining;
providing a remedy for the restoration or replacement or
compensation for surface structures damaged by underground
mining; providing standards for the prevention of hazards to
human safety and material damage to certain structures;
requiring permits, and in certain circumstances bonds, for
the mining of bituminous coal; providing for the filing of
maps or plans with recorders of deeds; providing for the
giving of notice of mining operations to political
subdivisions and surface landowners of record; requiring mine
inspectors to accompany municipal officers and their agents
on inspection trips; granting powers to public officers and
affected property owners to enforce the act; requiring
grantors to certify as to whether any structures on the lands
conveyed are entitled to support from the underlying coal and
grantees to sign an admission of a warning of the possible
lack of any such right of support; requiring grantors to
provide notice of the existence of voluntary agreements for
the restoration or replacement of water supplies or for the
repair or compensation for structural damage; imposing duties
on the Department of Environmental Resources for the
compilation and analysis of data; and imposing liability for
violation of the act," providing for planned subsidence and
for retroactivity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5 of the act of April 27, 1966 (1st
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Sp.Sess., P.L.31, No.1), known as The Bituminous Mine Subsidence
and Land Conservation Act, is amended by adding subsections to
read:
Section 5. Permit; application; map or plan; bond or other
security; filing; general rulemaking authority; prevention of
damage; mine stability; maintenance of use and value of lands.--
* * *
(i) Planned subsidence in a predictable and controlled
manner, which is not predicted to result in the permanent
disruption of existing or designated uses of water of the
Commonwealth shall not be considered presumptive evidence that a
bituminous coal mine subject to this act has the potential to
cause pollution as defined in section 1 of the act of June 22,
1937 (P.L.1987, No.394), known as "The Clean Streams Law."
(j) The provisions of subsection (i) shall only apply if a
bituminous coal mine subject to this act:
(1) submits a plan to the department that provides for the
mitigation of predicted subsidence-induced impacts; and
(2) the plan is approved by the department.
Section 2. Section 9.1(d) of the act is amended to read:
Section 9.1. Prevention of hazards to human safety and
material damage to certain buildings.--* * *
(d) Nothing in this act shall be construed to amend, modify
or otherwise supersede:
(1) standards related to prevailing hydrologic balance
contained in the Surface Mining Control and Reclamation Act of
1977 (Public Law 95-87, 30 U.S.C. ยง 1201 et seq.) and
regulations promulgated by the Environmental Quality Board for
the purpose of obtaining or maintaining primary jurisdiction
over the enforcement and administration of that act [nor]; and
20170SB0624PN0697 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) except as provided for under section 5(i), any standard
contained in the act of June 22, 1937 (P.L.1987, No.394), known
as "The Clean Streams Law," or any regulation promulgated
thereunder by the Environmental Quality Board.
Section 3. The addition of section 5(i) and (j) and the
amendment of section 9.1(d) of the act shall apply retroactively
to all permits issued under the act that were the subject of an
appeal heard by the Environmental Hearing Board after June 30,
2016.
Section 4. This act shall take effect immediately.
20170SB0624PN0697 - 3 -
1
2
3
4
5
6
7
8
9
10