PRINTER'S NO. 1275
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No.
226
Session of
2017
INTRODUCED BY YUDICHAK, RESCHENTHALER, BREWSTER, WHITE, MENSCH,
REGAN, WAGNER AND BARTOLOTTA, OCTOBER 19, 2017
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 19, 2017
A RESOLUTION
Directing the Legislative Budget and Finance Committee to
conduct an independent performance evaluation of certain
Statewide environmental permitting programs administered by
the Department of Environmental Protection.
WHEREAS, The Department of Environmental Protection is
charged with the protection of this Commonwealth's air, land and
water from pollution, as well as the environmental health and
safety of residents; and
WHEREAS, Federal and State laws and regulations require the
Department of Environmental Protection to review environmental
permit applications and make determinations for approval,
including the Clean Streams Law, the Dam Safety and
Encroachments Act, the Federal Clean Water Act and related
statutes; and
WHEREAS, Municipalities and industry and business communities
that perform activities subject to environmental regulation and
permitting have raised concerns about the cost, economic
impairment and missed opportunities for job creation resulting
from instances of inconsistent review of environmental permit
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applications and unreasonable delays in environmental permit
review and issuance by the Department of Environmental
Protection; and
WHEREAS, The Department of Environmental Protection has
undertaken considerable efforts to address concerns raised
regarding its environmental permit review process and continues
to work to identify problems and implement technical solutions
within available resources; and
WHEREAS, Continued concerns expressed by stakeholders on all
sides of the environmental permitting process deserve the
attention of the General Assembly, which may be addressed
through an independent, thorough and impartial performance
evaluation; and
WHEREAS, Such a review of Statewide environmental permitting
programs by the Legislative Budget and Finance Committee, with
assistance from impartial experts, is necessary to establish a
fair baseline from which additional administrative and
legislative policies may be established; therefore be it
RESOLVED, That the Senate direct the Legislative Budget and
Finance Committee to conduct an independent performance
evaluation of environmental permitting under the Erosion and
Sediment Pollution Control Program and the Water Obstruction and
Encroachment Program administered by the Department of
Environmental Protection and county conservation districts; and
be it further
RESOLVED, That the Legislative Budget and Finance Committee,
in conducting the evaluation, shall seek assistance, through
cooperation or contract, from impartial individuals who have
recognized experience and expertise in the oversight and
implementation of environmental laws and regulations and
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environmental or energy engineering or sciences, including, but
not limited to, individuals from accredited academic
institutions; and be it further
RESOLVED, That the Legislative Budget and Finance Committee
include the following elements in its evaluation of permitting
under the Erosion and Sedimentation Program and Water
Obstruction and Encroachment Program:
(1) consideration of concerns for permitting programs
expressed by stakeholders, including the Department of
Environmental Protection and regulated municipality, business
and industry representatives;
(2) an analysis and comparison of total and individual
resources and workloads for the permitting programs and all
offices charged with administration of the programs,
including central and regional offices of the Department of
Environmental Protection and county conservation districts;
(3) a comparison of permit review times, performance
levels and goals for each office of the Department of
Environmental Protection and a representative sample of
county conservation districts charged with administration of
the permitting program;
(4) a review of the appropriateness and effectiveness of
applicable policies, procedures or guidance for permit review
and issuance, including the permit decision guarantee program
and related fee structures;
(5) an analysis of permit application procedures and
outcomes, including the examination of random samples of
applications and interviews with permit applicants and
appropriate program staff of the Department of Environmental
Protection and conservation districts;
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(6) an evaluation of recent and ongoing efforts and
initiatives by the Department of Environmental Protection or
conservation districts to remove obstacles to effective and
efficient permit reviews and improve outcomes for applicants;
(7) a review of similar permitting programs administered
in this Commonwealth or other states in an effort to identify
best practices or offer suggestions for improving review
performance without sacrificing environmental protection; and
(8) recommendations for practical administrative or
legislative actions that improve administration, timing and
outcomes of the permitting programs;
and be it further
RESOLVED, That the Legislative Budget and Finance Committee
provide a comprehensive report of its findings and
recommendations to the Senate not later than one year after the
adoption of this resolution.
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