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PRINTER'S NO. 1249
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
891
Session of
2019
INTRODUCED BY YAW, SCARNATI, BARTOLOTTA, PHILLIPS-HILL, MARTIN,
HUTCHINSON, MENSCH, J. WARD, STEFANO AND YUDICHAK,
OCTOBER 15, 2019
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 15, 2019
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, in administrative provisions,
establishing the Advanced Permit Review Program and the
Advanced Permit Review Program Fund; and making an editorial
change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part II heading of Title 27 of the Pennsylvania
Consolidated Statutes is amended to read:
PART II.
ADMINISTRATIVE PROVISIONS
[(Reserved)]
Section 2. Part II of Title 27 is amended by adding a
chapter to read:
CHAPTER 21
ADVANCED PERMIT REVIEW PROGRAM
Sec.
2101. Scope of chapter.
2102. Definitions.
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2103. Advanced Permit Review Program.
2104. Selection of qualified licensed professionals.
2105. Permit review procedure.
2106. Erosion and sediment control permit procedure.
2107. Dam safety and waterway management permit procedure.
2108. Advanced Permit Review Program Fund.
2109. Report to General Assembly.
§ 2101. Scope of chapter.
This chapter relates to the Advanced Permit Review Program.
§ 2102. 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:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Permit." A permit issued by the department relating to
erosion and sediment control, dam safety or waterway management.
The term does not include a permit issued by the department
relating to abandoned mine reclamation.
"Program." The Advanced Permit Review Program established by
this chapter.
"Qualified licensed professional." An individual who is
approved by the department to conduct advanced permit review on
behalf of the department under the program.
§ 2103. Advanced Permit Review Program.
(a) Establishment.--The Advanced Permit Review Program is
established in the department. The purpose of the program shall
be to provide an expedited method, through the use of qualified
licensed professionals, of reviewing applications for permits.
(b) Optional review.--A person that submits an application
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for a permit to the department shall have the option to have the
application submitted for review under the program.
§ 2104. Selection of qualified licensed professionals.
(a) General rule.--The department shall, through a request
for proposals procedure, select qualified licensed professionals
to perform an expedited review of permits submitted under the
program.
(b) Eligibility.--In order to be selected as a qualified
licensed professional, an individual must satisfy the following
criteria:
(1) Be a professional engineer, land surveyor or
geologist licensed to practice in this Commonwealth.
(2) Have successfully completed training in an
environmental education program approved by the department.
(3) Have at least five years of relevant environmental
experience in this Commonwealth.
(c) List to be compiled.--The department shall compile and
publish on the department's publicly accessible Internet website
a list of qualified licensed professionals.
§ 2105. Permit review procedure.
(a) Submission of application.--A person who submits an
application for a permit to the department may clearly indicate
that the person desires to have the application reviewed under
the program.
(b) Initial review by department.--
(1) After receipt of the application and payment of the
required fee, the department shall initially review the
application to determine if the application is complete and
all required information has been provided by the applicant.
(2) With respect to an application that involves best
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management practices, the application must be consistent with
site characteristics and achieve applicable performance and
water resource requirements, if applicable.
(3) If the department determines that the application is
incomplete or required information or fee payment has not
been provided, the department shall notify the applicant.
(4) If the department determines that the application is
complete and required information and fee payment has been
provided, the department shall refer the application to the
program and a qualified licensed professional to conduct a
technical review of the application.
(5) (i) The department may not refer an application to
a qualified licensed professional, and a qualified
licensed professional may not review an application,
under the program if the qualified licensed professional
has performed services for the applicant within three
years of the application being received by the
department.
(ii) If the qualified licensed professional is
barred from conducting a review of an application under
this paragraph after receipt of the application, the
qualified licensed professional shall immediately return
the application to the department and notify the
department of the applicability of this paragraph.
(6) If an application submitted for the program involves
multiple individual permits or general permit authorizations
for a single project, the department shall refer the entire
application to a single qualified licensed professional for
review.
(c) Technical review by qualified licensed professional.--
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(1) After an application has been referred under
subsection (b)(4), the qualified licensed professional shall
conduct a technical review of the application and provide
detailed technical comments with citations to the applicable
regulations.
(2) If the qualified licensed professional finds any
technical deficiency in the application, the qualified
licensed professional shall submit a technical deficiency
notice to the applicant.
(3) An applicant that receives a technical deficiency
notice from a qualified licensed professional under paragraph
(2) shall respond to the notice.
(4) If the qualified licensed professional receives a
timely response from the applicant, the qualified licensed
professional shall submit the notice, response and
recommendation of the qualified licensed professional to the
department.
(5) If the qualified licensed professional does not
receive a timely response from the applicant, the qualified
licensed professional shall submit the notice and
recommendation of the qualified licensed professional to the
department.
§ 2106. Erosion and sediment control permit procedure.
In addition to the provisions of section 2105 (relating to
permit review procedure), the following provisions shall apply
to an application for a permit relating to erosion and sediment
control:
(1) An applicant seeking expedited review under the
program shall submit the application or notice of intention
and fee payment to the applicable regional office of the
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department.
(2) The department shall conduct a completeness review
required by 25 Pa. Code § 102.6 (relating to permit
applications and fees) following receipt of the application
and fee payment, and upon determining that the application or
notice of intention and fee payment are complete, transmit
notice to the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin as required by regulation, and
refer the application or notice of intention to a qualified
licensed professional within 30 days.
(3) Upon referral from the department, the qualified
licensed professional shall notify the applicant and the
department of its acceptance of the application or notice of
intention and shall proceed to conduct its review of the
application or notice of intention. The qualified licensed
professional shall issue a technical deficiency letter or
submit its recommendation to the department within 15
business days of referral. If a response to the technical
deficiency letter is received, the qualified licensed
professional shall review the response and submit its
recommendation to the department within 10 business days of
receipt of the response.
(4) Upon receipt of the recommendation by the qualified
licensed professional, the department shall act on the
application or notice of intention within 10 days.
(5) Upon completion of its review and submittal of its
recommendation, the qualified licensed professional shall
submit an invoice to the department. The amount of the
invoice shall be determined by a fee schedule established by
the department.
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(6) The department shall transfer no more than 50% of
the fee collected to the applicant and the balance shall be
deposited into the Advanced Permit Review Program Fund
established in section 2108 (relating to Advanced Permit
Review Program Fund).
(7) In the event the department decides to conduct a
public hearing of the technical merits of the application or
notice of intention, the decision of the department shall not
be required until 30 days after the hearing is conducted.
§ 2107. Dam safety and waterway management permit procedure.
In addition to the provisions of section 2105 (relating to
permit review procedure), the following provisions shall apply
to an application for a permit relating to dam safety and
waterway management, excluding abandoned mine reclamation:
(1) A person seeking expedited review under the program
of an application for an individual permit or authorization
under a general permit pursuant to 25 Pa. Code Ch. 105
(relating to dam safety and waterway management) shall submit
the application or notice of intention and fee payment to the
appropriate department regional office or as required by the
applicable general permit.
(2) Upon receipt of the application or notice of
intention and fee payment, the department will conduct a
completeness review. If the submittal is deemed complete, the
department shall publish notice of a permit application in
the Pennsylvania Bulletin as required by 25 Pa. Code §
105.21a (relating to public notice), and refer the package to
the selected qualified licensed professional for review
within 30 days.
(3) Upon receipt of the referral from the department,
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the qualified licensed professional shall notify the
applicant and the department of its acceptance of the
application or notice of intention, and shall proceed to
conduct its review of the submittal. The qualified licensed
professional shall issue a technical deficiency letter or
submit its recommendation to the department within 15
business days of receipt of the referral. If a response to
the technical deficiency letter is received, the qualified
licensed professional shall review the response and submit
its recommendation to the department within 10 business days
of receipt of the response.
(4) Upon receipt of the recommendation by the qualified
licensed professional, the department shall act on the
application or notice of intention within 10 days.
(5) Upon completion of its review and submittal of its
recommendation, the qualified licensed professional shall
submit an invoice to the department. The amount of the
invoice shall be determined by a fee schedule established by
the department.
(6) The department shall transfer no more than 50% of
the fee collected to the applicant and the balance shall be
deposited into the Advanced Permit Review Program Fund
established in section 2108 (relating to Advanced Permit
Review Program Fund).
(7) In the event the department decides to conduct a
public hearing of the application or notice of intention, the
decision of the department shall not be required until 30
days after the hearing is conducted.
§ 2108. Advanced Permit Review Program Fund.
(a) Establishment.--The Advanced Permit Review Program Fund
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is established as a special fund in the State Treasury. The
money of the fund is appropriated to the department on a
continuing basis to administer the program.
(b) Source of funding.--The fund shall consist of the fees
transmitted under sections 2106(6) (relating to erosion and
sediment control permit procedure) and 2107(6) (relating to dam
safety and waterway management permit procedure) and the
interest earned from the money in the fund.
§ 2109. Report to General Assembly.
The department shall, not later than 12 months after the
effective date of this section, submit a written report to the
General Assembly relating to the progress in implementing the
program.
Section 3. This act shall take effect in 60 days.
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