SENATE AMENDED
PRIOR PRINTER'S NOS. 1381, 1692
PRINTER'S NO. 1998
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1071
Session of
2015
INTRODUCED BY WARNER, EVANKOVICH, COHEN, DUNBAR, MILLARD,
LONGIETTI, DIAMOND, MURT, LAWRENCE, BLOOM, THOMAS, A. HARRIS,
ZIMMERMAN, GABLER AND TURZAI, APRIL 27, 2015
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 29, 2015
AN ACT
Amending the act of July 9, 2013 (P.L.362, No.54), entitled "An
act providing for permit extensions; and making a repeal,"
further providing for the definition of "approval" and for
existing approval.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "approval" in section 2 of the
act of July 9, 2013 (P.L.362, No.54), known as the Development
Permit Extension 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:
"Approval." Any of the following:
(1) [Except] except as provided in [paragraph]
paragraphs (2)[,] AND (3) and (4) , any government agency
approval, agreement, permit, including a building permit or
construction permit, or other authorization or decision:
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(i) allowing a development or construction project
to proceed; or
(ii) relating to or affecting development, granted
pursuant to a statute, regulation or ordinance adopted by
a municipality, including the following:
(A) 37 Pa.C.S. (relating to historical and
museums).
(B) 53 Pa.C.S. (relating to municipalities
generally).
(C) 68 Pa.C.S. Pt. II Subpt. B (relating to
condominiums).
(D) 68 Pa.C.S. Pt. II Subpt. C (relating to
cooperatives).
(E) 68 Pa.C.S. Pt. II Subpt. D (relating to
planned communities).
(F) The act of March 7, 1901 (P.L.20, No.14),
referred to as the Second Class City Law, as it
relates to development and construction.
(G) The act of May 16, 1923 (P.L.207, No.153),
referred to as the Municipal Claim and Tax Lien Law.
(H) The act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929.
(I) The act of June 23, 1931 (P.L.932, No.317),
known as The Third Class City Code, as it relates to
development and construction.
(J) The act of June 24, 1931 (P.L.1206, No.331),
known as The First Class Township Code, as it relates
to development and construction.
(K) The act of May 1, 1933 (P.L.103, No.69),
known as The Second Class Township Code, as it
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relates to development and construction.
(L) The act of June 22, 1937 (P.L.1987, No.394),
known as The Clean Streams Law.
(M) The act of June 1, 1945 (P.L.1242, No.428),
known as the State Highway Law, as it relates to the
issuance of highway occupancy permits which are
regulated under 67 Pa. Code Ch. 441 (relating to
access to and occupancy of highways by driveways and
local roads) or which are affected by other laws or
regulations.
(N) The act of April 21, 1949 (P.L.665, No.155),
known as the First Class City Home Rule Act, as it
relates to development and construction.
(O) The act of July 28, 1953 (P.L.723, No.230),
known as the Second Class County Code.
(P) The act of August 9, 1955 (P.L.323, No.130),
known as The County Code.
(Q) The act of July 15, 1957 (P.L.901, No.399),
known as the Optional Third Class City Charter Law,
as it relates to development and construction.
(R) The act of January 24, 1966 (1965 P.L.1535,
No.537), known as the Pennsylvania Sewage Facilities
Act.
(S) The act of February 1, 1966 (1965 P.L.1656,
No.581), known as The Borough Code, as it relates to
development and construction.
(T) The act of July 31, 1968 (P.L.805, No.247),
known as the Pennsylvania Municipalities Planning
Code.
(U) The act of July 9, 1971 (P.L.206, No.34),
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known as the Improvement of Deteriorating Real
Property or Areas Tax Exemption Act.
(V) The act of October 4, 1978 (P.L.851,
No.166), known as the Flood Plain Management Act.
(W) The act of October 4, 1978 (P.L.864,
No.167), known as the Storm Water Management Act.
(X) The act of November 26, 1978 (P.L.1375,
No.325), known as the Dam Safety and Encroachments
Act.
(Y) The act of November 10, 1999 (P.L.491,
No.45), known as the Pennsylvania Construction Code
Act.
(Z) The act of December 20, 2000 (P.L.724,
No.99), known as the Municipal Code and Ordinance
Compliance Act.
(Z.1) The act of June 22, 2001 (P.L.390, No.29),
known as the Conservation and Preservation Easements
Act.
(Z.2) The former act of May 16, 2002 (P.L.315,
No.46), known as the Community Services Block Grant
Act.
(Z.3) The act of February 22, 2008 (P.L.36,
No.4), entitled "An act authorizing the Department of
General Services, with the concurrence of the
Department of Environmental Protection, to lease to
VTE Philadelphia, LP, or its nominee, land within the
bed of the Delaware River in the City of
Philadelphia; and affirming the authority of the
General Assembly to enact certain conveyances."
(Z.4) The act of February 22, 2008 (P.L.41,
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No.5), entitled "An act authorizing the Department of
General Services, with the concurrence of the
Department of Environmental Protection, to lease to
NCCB Associates, LP, or its nominee, land within the
bed of the Delaware River in the City of
Philadelphia; and affirming the authority of the
General Assembly to enact certain conveyances."
(Z.5) Soil erosion and sediment control plans
approved by a local soil conservation district under
25 Pa. Code Ch. 102 (relating to erosion and sediment
control).
(Z.6) The National Historic Preservation Act
(Public Law 89-665, 80 Stat. 915), to the extent the
Commonwealth has been empowered to administer,
approve or otherwise authorize activities under that
act.
(Z.7) The Federal Water Pollution Control Act
(62 Stat. 1155, 33 U.S.C. ยง 1251 et seq.), to the
extent the Commonwealth has been empowered to
administer, approve or otherwise authorize activities
under that act[.];
(2) [In] in cities of the first class and agencies
established by such cities, the term shall include only the
issuance of a building permit, a zoning use and registration
permit and any administrative approval, including an approval
by a board or commission, that is a condition precedent to
issuance of a building permit or zoning use and registration
permit to an owner of property[.]; OR
(3) [Creating] creating additional units and common
elements [out of] by converting convertible real estate in a
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condominium or planned community[.]; or
(4) any other authorization provided for by statute,
regulation or ordinance, relating to or affecting
development.
[(3) CREATING ADDITIONAL UNITS AND COMMON ELEMENTS OUT
OF CONVERTIBLE REAL ESTATE IN A CONDOMINIUM OR PLANNED
COMMUNITY.]
(3) ANY AUTHORIZATION TO CREATE ADDITIONAL UNITS AND
COMMON ELEMENTS OUT OF CONVERTIBLE REAL ESTATE IN A
CONDOMINIUM OR PLANNED COMMUNITY OR OTHERWISE RELATING TO THE
RIGHT TO CONVERT CONVERTIBLE REAL ESTATE OR WITHDRAW
WITHDRAWABLE REAL ESTATE PURSUANT TO 68 PA.C.S. PT. II SUBPT.
B OR D.
* * *
Section 2. Section 3(a) of the act is amended to read:
Section 3. Existing approval.
(a) Automatic suspension.--[The expiration date of an
approval by a government agency] For an approval that is granted
for or in effect [during] between the beginning of the extension
period and July 2, 2013 , whether obtained before or after the
beginning of the extension period, the running of the period of
the approval shall be automatically suspended [during the
extension period] until July 2, 2016.
* * *
Section 3. This act shall take effect in 60 days.
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