PRINTER'S NO. 347

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 344 Session of 1995

        INTRODUCED BY GEORGE, LAUGHLIN, TRELLO, STEELMAN, HALUSKA,
           BATTISTO, TIGUE, PESCI, FAIRCHILD, OLASZ AND THOMAS,
           JANUARY 26, 1995

        REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
           JANUARY 26, 1995

                                     AN ACT

     1  Amending the act of July 13, 1988 (P.L.530, No.94), entitled "An
     2     act establishing the Environmental Hearing Board as an
     3     independent, quasi-judicial agency; providing for the
     4     membership and staff, the powers and duties, the seats and
     5     the existing members of the board; transferring certain
     6     funds; and making repeals," further providing for
     7     adjudication of the board.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 4 of the act of July 13, 1988 (P.L.530,
    11  No.94), known as the Environmental Hearing Board Act, is amended
    12  by adding subsections to read:
    13  Section 4.  Jurisdiction.
    14     * * *
    15     (i)  Adjudication.--The Environmental Hearing Board shall
    16  issue an adjudication within 18 months of the close of the
    17  record and the filing of posthearing briefs by the parties,
    18  except in those instances where the proceedings involve the
    19  issuance of a permit for the construction or expansion of a

     1  facility regulated under the act of July 7, 1980 (P.L.380,
     2  No.97), known as the Solid Waste Management Act, the act of July
     3  28, 1988 (P.L.556, No.101), known as the Municipal Waste
     4  Planning, Recycling and Waste Reduction Act, or the act of
     5  October 18, 1988 (P.L.756, No.108), known as the Hazardous Sites
     6  Cleanup Act, the board shall render a decision within 12 months
     7  after the close of the record and the filing of posthearing
     8  briefs.
     9     (j)  Report.--Whenever the board fails to meet the
    10  requirements of subsection (i), the board shall issue a detailed
    11  report setting forth the reasons for the board's failure to
    12  comply with subsection (i). This report shall be made in writing
    13  to the Chairman of the Environmental Resources and Energy
    14  Committee of the Senate and the Chairman of the Conservation
    15  Committee of the House of Representatives.
    16     Section 2.  This act shall take effect in 60 days.










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