PRIOR PRINTER'S NO. 81
PRINTER'S NO. 933
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
198
Session of
2023
INTRODUCED BY BARTOLOTTA, STEFANO, DUSH AND HUTCHINSON,
JANUARY 19, 2023
AS AMENDED ON THIRD CONSIDERATION, JUNE 20, 2023
AN ACT
Amending the act of July 13, 1988 (P.L.530, No.94), entitled "An
act establishing the Environmental Hearing Board as an
independent, quasi-judicial agency; providing for the
membership and staff, the powers and duties, the seats and
the existing members of the board; transferring certain
funds; and making repeals," further providing for definitions
and for jurisdiction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of July 13, 1988 (P.L.530,
No.94), known as the Environmental Hearing Board Act, is amended
to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Environmental Hearing Board of the
Commonwealth.
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth.
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"Record of decision." A decision justification document
prepared by the department. The term includes any department
correspondence on a permit application to an applicant,
including administrative completeness determination, technical
deficiency letter and written response to the department by an
applicant, summary of the department's written response to
public comment on a permit application, applicant written
response to public comment, other State agency written comment
to a permit application and written response by the department
or permit applicant. THE DOCUMENT ISSUED BY THE DEPARTMENT TO AN
APPLICANT WHICH CONVEYS THE DEPARTMENT'S APPROVAL OR DENIAL OF A
PERMIT APPLICATION, ALONG WITH ANY AND ALL DOCUMENTS OR OTHER
EVIDENCE ISSUED, CREATED OR RELIED UPON BY THE DEPARTMENT IN ITS
CONSIDERATION OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO,
CORRESPONDENCE TO OR FROM AN APPLICANT, ANY ADMINISTRATIVE
COMPLETENESS DETERMINATION, ANY TECHNICAL DEFICIENCY LETTER OR
WRITTEN RESPONSE THERETO , ANY RECORDS OR DOCUMENTS SUBMITTED TO
THE DEPARTMENT REGARDING THE APPLICATION, ANY PUBLIC COMMENT ON
THE APPLICATION AND ANY WRITTEN RESPONSE BY THE DEPARTMENT OR
THE APPLICANT REGARDING PUBLIC COMMENT ON A PERMIT APPLICATION,
OTHER STATE AGENCY WRITTEN COMMENT TO A PERMIT APPLICATION AND
WRITTEN RESPONSE BY THE DEPARTMENT OR PERMIT APPLICANT.
"Rules committee." The Environmental Hearing Board Rules
Committee established under section 5.
"Secretary." The Secretary of Environmental Resources of the
Commonwealth.
Section 2. Section 4 of the act is amended by adding a
subsection to read:
Section 4. Jurisdiction.
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(c.1) Standard of review.--In an appeal of a permit issued
by the department in which a record of decision has been
prepared by the department at the time of the permit decision,
the standard for review by the board shall be exclusively
limited to the record of decision. The moving party must prove
by the preponderance of evidence contained in the record of
decision that the department's action in issuing or denying the
permit was arbitrary and capricious. NO PARTY SHALL BE PERMITTED
TO PRESENT NEW EVIDENCE BEFORE THE BOARD THAT WAS NOT PART OF
THE RECORD OF DECISION AS CONSIDERED BY THE DEPARTMENT. ANY
PARTY CHALLENGING THE DECISION OF THE DEPARTMENT BEFORE THE
BOARD MUST DEMONSTRATE, BY A PREPONDERANCE OF THE EVIDENCE, THAT
THE DEPARTMENT COMMITTED AN ABUSE OF ITS DISCRETION IN DENYING
OR GRANTING THE PERMIT APPLICATION BEING APPEALED.
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Section 3. This act shall take effect in 60 days.
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