Regular Session 2019-2020 House Bill 1104 P.N. 2578

PRIOR PRINTER'S NO. 1597

PRINTER'S NO. 2578

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1104

Session of

2019

INTRODUCED BY TOOHIL, TURZAI, KAUFER, MIHALEK, KAIL, FRITZ,

NELSON, PUSKARIC, O'NEAL, GILLESPIE, GREINER, ROTHMAN,

BERNSTINE, MOUL, B. MILLER, KAUFFMAN, CAUSER, ZIMMERMAN,

OWLETT, SCHMITT, MILLARD, GLEIM, HERSHEY, GILLEN, STRUZZI,

WALSH, EVERETT, RADER, SANKEY, WARNER, RYAN, DIAMOND,

MARSHALL, PICKETT, ECKER, SAYLOR, MASSER, HEFFLEY, DOWLING,

GABLER AND TOBASH, APRIL 29, 2019

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

SEPTEMBER 24, 2019

AN ACT

Amending Title 27 (Environmental Resources) of the Pennsylvania

Consolidated Statutes, in preliminary provisions, providing

for Abandoned Manufacturing Sites Registry.

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 a chapter to read:

CHAPTER 9

ABANDONED MANUFACTURING SITES

Subchapter

A. Abandoned Manufacturing Sites Registry

B. (Reserved)

SUBCHAPTER A

ABANDONED MANUFACTURING SITES REGISTRY

Sec.

901. Scope of subchapter.

902. Definitions.

903. Abandoned Manufacturing Sites Registry.

904. Departmental duties.

905. Fees prohibited.

§ 901. Scope of subchapter.

This subchapter relates to the Abandoned Manufacturing Sites

Registry.

§ 902. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Abandoned manufacturing site." Real property:

(1) The expansion, redevelopment or reuse of which may

involve remediation to contain, neutralize or remove a

hazardous substance, pollutant or contaminant resulting from

previous use of the property.

(2) That has been abandoned and the property owner has

given up dominion or that is vacant.

(3) That may be listed as a brownfield site in the Small

Business Liability Relief and Brownfields Revitalization Act

(Public Law 107-118, 115 Stat. 2356), or involved in

remediation under the act of May 19, 1995 (P.L.4, No.2),

known as the Land Recycling and Environmental Remediation

Standards Act.

(4) Located in an economic cluster, including one of the

following energy-driven sectors:

(i) petrochemicals;

(ii) advanced materials; or

(iii) data-driven manufacturing.

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(5) For which cleaning up and reinvesting may improve

the environment, reduce blight and remove development

pressures on green spaces.

"ADVANCED MATERIALS." MANUFACTURING SEGMENTS SUCH AS GLASS,

CEMENT, STEEL, ALUMINUM, ADVANCED GLASS AND FIBER COMPONENTS FOR

ELECTRONICS AND CONSUMER MEDIA DEVICES AND ADVANCED CONSTRUCTION

MATERIALS SUCH AS LIGHTWEIGHT CONCRETE, RECYCLED PLASTICS, HIGH-

STRENGTH METALS AND NANOFIBERS.

"DATA-DRIVEN MANUFACTURING." THE USE OF ANALYTICS, AI AND

ROBOTICS FOR DATA CENTERS AND FABRICATED MATERIALS, COMPONENTS

AND ADDITIVE MATERIALS MANUFACTURING.

"Department." The Department of Community and Economic

Development of the Commonwealth.

"Registry." The Abandoned Manufacturing Sites Registry

established in this chapter.

§ 903. Abandoned Manufacturing Sites Registry.

(a) Establishment.--The Abandoned Manufacturing Sites

Registry is established. The department , OR A THIRD-PARTY ENTITY

WITH WHICH THE DEPARTMENT HAS AN AGREEMENT, shall implement and

administer the registry in accordance with this chapter.

(b) Purpose.--The registry shall contain a list of abandoned

manufacturing sites.

following information for each abandoned manufacturing site:

(1) The name and contact information of the current

owner of the abandoned manufacturing site.

(2) The legal description of the abandoned manufacturing

site.

(3) A current description of the condition of the real

property and a note as to whether the property is a

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brownfield site as defined in the Small Business Liability

Relief and Brownfields Revitalization Act (Public Law 107-

118, 115 Stat. 2356), or involved in the act of May 19, 1995

(P.L.4, No.2), known as the Land Recycling and Environmental

Remediation Standards Act.

(D) REQUIREMENT.--ALL ABANDONED MANUFACTURING SITES OWNED BY

THE COMMONWEALTH OR A POLITICAL SUBDIVISION SHALL BE LISTED ON

THE REGISTRY WITHIN 60 DAYS OF VACANCY.

(E) REPORT.--ON OR BEFORE THE SECOND MARCH 30 OF THE

EFFECTIVE DATE OF THIS SECTION, AND EVERY SUBSEQUENT MARCH 30

THEREAFTER, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE COMMUNITY, ECONOMIC

AND RECREATIONAL DEVELOPMENT COMMITTEE OF THE SENATE, THE

CHAIRPERSON AND MINORITY CHAIRPERSON OF THE COMMERCE COMMITTEE

OF THE HOUSE OF REPRESENTATIVES TO INCLUDE, BUT NOT BE LIMITED

TO:

(1) THE NUMBER OF PROPERTIES, BY COUNTY, ON THE REGISTRY

DURING THE PREVIOUS YEAR;

(2) THE NUMBER OF TIMES THE REGISTRY HAS BEEN ACCESSED

IN THE PREVIOUS YEAR;

(3) ANY PERCEIVED ACHIEVEMENTS DURING THE PRIOR YEAR;

(4) THE PLANS FOR THE UPCOMING YEAR TO IMPROVE PROCESSES

AND PROCEDURES; AND

(5) ANY DIFFICULTIES IN THE ADMINISTRATION OF THE

REGISTRY EXPERIENCED.

§ 904. Departmental duties.

The department shall:

(1) ESTABLISH INFORMATION SHARING PROCEDURES FOR LOCAL

GOVERNMENTS, REGIONAL CHAMBERS OF COMMERCE, LOCAL ECONOMIC

DEVELOPMENT ENTITIES AND OTHER RELEVANT ORGANIZATIONS TO

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OBTAIN NECESSARY INFORMATION AS OUTLINED IN SECTION 903

(RELATING TO ABANDONED MANUFACTURING SITES REGISTRY).

(1) (2) Establish procedures for the completeness and

accuracy of information in the registry.

(2) (3) Keep an updated registry database on the

department's publicly accessible Internet website. The

registry shall be clearly defined on and easily navigable

from the department's publicly accessible Internet website.

(3) Promulgate regulations necessary to carry out the

department's duty to maintain the registry.

§ 905. Fees prohibited.

The department may not assess a fee for the dissemination of

registry information to Internet users.

SUBCHAPTER B

(Reserved)

Section 2. This act shall take effect in 60 days.

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