PRINTER'S NO. 1295
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1101
Session of
2017
INTRODUCED BY MENTZER, ZIMMERMAN, CUTLER, HICKERNELL, MILLARD,
GODSHALL, FEE, GREINER, IRVIN, BARRAR, BLOOM, KAUFFMAN,
TOPPER, GROVE, CAUSER, COX, GABLER, HEFFLEY, WARD, EVERETT,
PICKETT, SACCONE, ROTHMAN, MASSER, SANKEY, SAYLOR, NESBIT,
A. HARRIS, DIAMOND AND WHEELAND, APRIL 7, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 7, 2017
AN ACT
Providing for environmental permitting reform; establishing a
permit program to expedite decisions on approval or denial of
permit applications; and imposing duties on the Department of
Environmental Protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Environmental
Permitting Reform Act.
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:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Licensed professional." An individual licensed by the
Commonwealth as a professional landscape architect, engineer,
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land surveyor or geologist.
"Permit." A written authorization issued by the department
or an authorization under a delegated agreement by the
department to engage in a regulated activity, including, but not
limited to, a new permit, permit renewal, permit amendment,
permit modification, permit transfer, change of ownership, plan
approval or registration under a general permit. The term does
not include a certification or license.
"Permit application." The document submitted to the
department by an applicant that, if approved, grants a permit to
an applicant.
"Permit decision." The issuance or denial of a permit.
"Permit decision delay." The failure of the department to
issue a permit decision within:
(1) the time period specified by statute or regulation
or by the relevant time period established under 4 Pa. Code
Ch. 7a Subch. H (relating to permit decision guarantee for
the Department of Environmental Protection); or
(2) 30 days after the submission of a permit application
or request for plan approval or other authorization when no
time period is specified by statute, regulation or 4 Pa. Code
Ch. 7a Subch. H.
"Permit program." The operation and management of permits
identified which are subject to permit decision delay.
Section 3. Initial review by department.
Within 30 days after the effective date of this act, the
department shall review all permit decisions and permit decision
delays during the immediately prior calendar year and submit a
report of findings to the chairperson and minority chairperson
of the Environmental Resources and Energy Committee of the
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Senate and the chairperson and minority chairperson of the
Environmental Resources and Energy Committee of the House of
Representatives.
Section 4. Third-party review under permit program.
(a) Establishment and administration of permit program.--
Within one year of the issuance of the initial report under
section 3, the department shall establish and implement a permit
program. The department shall contract with third-party licensed
professionals for the purpose of administering the permit
program.
(b) Transfer of information.--Within one year after the
establishment of the permit program under subsection (a), the
department shall transfer information regarding permit decisions
and permit decision delays to the third-party licensed
professionals with whom the department has contracted.
(c) Fees.--Fees collected by the department from permit
applications in the permit program shall be remitted to the
respective third-party licensed professionals with whom the
department has contracted for the permit program.
(d) Agent of Commonwealth.--A third-party licensed
professional with whom the department has contracted for the
permit program shall be duly recognized as an agent of the
Commonwealth for the permit program to resolve each permit
application which is subject to a permit decision delay.
Section 5. Annual reports.
No later than January 31 of each year, the department shall
submit to the General Assembly an annual report which, at a
minimum, shall contain the following information from the
immediately prior calendar year:
(1) The number of permit applications received.
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(2) The number of permit applications reviewed by the
department and third-party licensed professionals with whom
the department has contracted for the permit program.
(3) The average time frame for permit decisions by the
department and third-party licensed professionals with whom
the department has contracted for the permit program.
(4) The number and average workload of third-party
licensed professionals with whom the department has
contracted for the permit program.
(5) The number and average workload of staff members
within the department reviewing permit applications,
organized by each regional office of the department.
Section 6. Rules and regulations.
The department shall promulgate rules and regulations
necessary to implement the provisions of this act.
Section 7. Applicability.
This act shall apply to all permits required to comply with
statutes and regulations administered by the department.
Section 8. Effect of act.
Nothing in this act shall be construed to limit or otherwise
alter the department's authority to revoke a permit for failure
to comply with the laws of this Commonwealth.
Section 9. Effective date.
This act shall take effect in 60 days.
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