PRINTER'S NO. 3579
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2222
Session of
2018
INTRODUCED BY MOUL, TURZAI, SAYLOR, BENNINGHOFF, GROVE, TALLMAN,
ROTHMAN, WARD, B. MILLER, McGINNIS, MILLARD, ZIMMERMAN,
MENTZER, IRVIN, KEEFER, HANNA, EVANKOVICH, NELSON, WHEELAND,
PHILLIPS-HILL, REESE, TOBASH, COX, D. COSTA, HARKINS,
SCHEMEL, JOZWIAK, F. KELLER, PICKETT, CHRISTIANA, DIAMOND,
DUSH, SONNEY, SAINATO, BURNS, NEILSON, KLUNK, BARBIN,
WENTLING, CAUSER, ROAE, MARSICO, CUTLER, EVERETT, NESBIT,
METZGAR, P. COSTA, METCALFE, RAPP, MASSER, BLOOM, READSHAW,
KAUFFMAN, COOK, RADER, ORTITAY, TOPPER, SANKEY, DELOZIER,
RYAN, WARNER, BERNSTINE AND TOEPEL, MAY 29, 2018
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 29, 2018
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, in water resources planning, providing
for departmental control of groundwater matters and for
groundwater regulation review.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 3105. Departmental control of groundwater matters.
(a) Exclusive authority.--The department shall exercise
exclusive authority to:
(1) Regulate groundwater within this Commonwealth.
(2) Impose fees, fines or penalties regarding the use,
withdrawal or retention of groundwater within this
Commonwealth.
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(3) Regulate the impact that drilling may have on
groundwater within this Commonwealth.
(4) Mandate the testing of groundwater within this
Commonwealth.
(b) Consultation.--The department may consult with other
entities in exercising its authority under subsection (a), but
the department shall be the sole entity responsible for taking
any of the actions specified under subsection (a).
§ 3106. Groundwater regulation review.
(a) Submittal.--At the conclusion of the review process
required by the act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act, but before a new regulation or an
amendment to an existing regulation which is proposed by the
department and which concerns groundwater within this
Commonwealth is promulgated, the new regulation or amendment
must be submitted to the Environmental Resources and Energy
Committee of the Senate and the Environmental Resources and
Energy Committee of the House of Representatives for approval.
For purposes of this section, the imposition of a new fee, fine
or penalty, or an increase in the amount of an existing imposed
fee, fine or penalty, concerning groundwater within this
Commonwealth shall be considered a new regulation or an
amendment to an existing regulation and shall proceed through
the process specified in this section.
(b) Review process.--Each committee specified under
subsection (a) shall hold a meeting and vote to approve or
disapprove the regulation or amendment specified under
subsection (a) within 15 legislative session days after
receiving the proposed regulation or amendment. The following
shall apply:
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(1) If a committee votes to disapprove the regulation or
amendment, the committee shall submit written notice of the
disapproval to the department. The notice shall state the
reason for the disapproval. The department may amend the
regulation or amendment after considering the reason for the
disapproval and resubmit the amended version for review under
this subsection.
(2) If a committee does not vote to approve or
disapprove the regulation or amendment within the required
time period, the committee shall be deemed to have
disapproved the regulation or amendment.
(c) Promulgation.--The regulation or amendment specified
under subsection (a) shall not be promulgated until it has
received the approval of each committee under the review process
specified in this section.
Section 2. This act shall take effect in 60 days.
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