PRINTER'S NO. 3519
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2383
Session of
2020
INTRODUCED BY HANBIDGE, APRIL 3, 2020
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 3, 2020
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in general provisions, emergency seat
of government, providing for other emergencies and further
providing for applicability of subchapter.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 1123.1. Other
emergencies.
(a) Application of section.-- In addition to the other
provisions of this subchapter, the provisions of this section
shall also apply after the declaration of a disaster emergency
by the Governor and during which the conduct of the affairs of
local government at a regular place and time are imprudent,
inexpedient or impossible as provided for by this section.
(b) Use of telecommunications devices.--If the declaration
is of a disaster emergency which would render the conduct of
public business dangerous to the health or safety of the members
of the governing body, officials or members of the public, the
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governing body of the municipality may exercise its executive,
legislative and judicial powers and functions to the extent
possible, by means of any telecommunication devices, which
permit, at a minimum, audio communication
between locations. The
telecommunication devices shall permit the members of the
governing body conducting the affairs of the municipality to
speak to and hear the comments and votes, if any, of the other
members of the governing body participating in the meeting or
conducting the affairs. The governing body need not have a
quorum physically present at any one location in order to
conduct business.
(c) Public participation and notice.--The municipality shall
allow, to the extent possible, for public participation in a
meeting conducted by telecommunication devices. The municipality
shall post notice of the meeting on its publicly accessible
Internet website, if any, no later than 24 hours prior to the
start of the meeting to alert the public of the meeting and how
to obtain remote participation information. At least one of the
following shall apply to each meeting:
(1) The meeting is live streamed via web-based or
mobile-based applications and platforms or other forms of
transmission.
(2) The meeting is recorded with the recording made
available to the public within 24 hours after the meeting,
including on the municipality's publicly accessible Internet
website, if any.
(3) A draft of the minutes of the meeting shall be made
available for public inspection within 48 hours after the
meeting on the municipality's publicly accessible Internet
website or at an accessible location in the municipality .
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(d) Newspaper notification.--Except where emergency
circumstances dictate otherwise, the governing body shall, no
later than 24 hours prior to the start of the meeting, notify a
newspaper of general circulation of the upcoming meeting with
information on how to access the meeting. The newspaper of
general circulation shall be a newspaper which publishes notices
of the municipality's meetings.
(e) Resolution.--Following the exercise of any executive,
legislative or judicial powers and functions pursuant to
subsection (b), and after the Governor's disaster emergency
declaration is lifted, the actual emergency and the nature of
the power or function exercised shall be stated in a resolution
and adopted by the governing body at the next public meeting at
the regular or usual place of conducting business.
(f) Pending approvals.--If the final day for a municipality
or an agency or board of a municipality to approve or deny any
application, plat, plan or other submission for an "approval" as
that term is defined in section 2 of the act of July 9, 2013
(P.L.362, No.54), known as the Development Permit Extension Act,
falls during a disaster emergency dangerous to health or safety
as described under subsection (b), the following shall apply:
(1) Notwithstanding any provision of law, charter or
ordinance, for any approval received and pending action by a
municipality or an agency or board of a municipality as of
the date of the declaration of a disaster emergency, the
number of days provided to satisfy statutory time limits in
review, hearing and decision on any application, plat, plan
or submission shall be suspended or tolled as of the date of
the disaster emergency declaration and shall resume on the
date following the termination of the state of disaster
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emergency or the final extension of the state of disaster
emergency.
(2) The municipality shall notify in writing each
applicant subject to this subsection of the disaster
emergency, the time extension set forth in this section and
the right to a request as provided in paragraph (3). In no
event shall a failure to receive the notice provided by this
section affect the tolling of the number of days provided to
satisfy statutory time limits for review, hearing and
decisions.
(3) The applicant may request meetings, hearings or
proceedings as may be required by the law, charter or
ordinance provisions governing the application, plat, plan or
submission during the period of the disaster emergency in
accordance with the procedures in subsections (b), (c), (d)
and (e). It shall be at the discretion of the municipality to
proceed with the requests. If the municipality agrees and
holds the proceedings, the applicant, the municipality and
all other parties receiving actual notice of the proceedings
waive any challenge to the proceedings under 42 Pa.C.S. §
5571.1 (relating to appeals from ordinances, resolutions,
maps, etc.) or any other provision of law.
(4) For an approval granted by a municipality, or board
or agency of a municipality, and in effect after the
beginning of the disaster emergency declaration, the running
period of the approval shall be automatically suspended
during the state of disaster emergency and shall resume after
the final termination of the state of disaster emergency.
Section 2. Section 1124 of Title 53 is amended to read:
§ 1124. Applicability of subchapter.
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The provisions of this subchapter shall control, in the event
it shall be employed, notwithstanding any statutory, charter or
ordinance provision to the contrary or in conflict with this
subchapter.
Section 3. This act shall take effect immediately.
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