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PRIOR PRINTER'S NO. 1195
PRINTER'S NO. 1907
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
604
Session of
2021
INTRODUCED BY FRITZ, RYAN, CAUSER, ROTHMAN, GAYDOS, KAIL, GLEIM,
HAMM, ECKER, BROOKS, WARNER, PICKETT, MOUL, MILLARD, COX,
O'NEAL, HERSHEY, KEEFER, ZIMMERMAN, ROWE, WHEELAND,
OBERLANDER, DAVANZO, IRVIN AND MERCURI, APRIL 8, 2021
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 23, 2021
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," providing for environmental permits and plan
approvals; making related repeals; and abrogating
regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, is amended by adding an
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article to read:
ARTICLE XIX-C
ENVIRONMENTAL PERMITS AND PLAN APPROVALS
Section 1901-C. Scope.
(a) Environmental permits and plans.--This article applies
to general permits, general plan approvals and individual
permits.
(b) Municipalities.--Nothing in this article shall be
construed as limiting the rights of a municipality in the lawful
performance of the municipality's functions.
Section 1902-C. Definitions.
The following words and phrases when used in this article
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.
"Environmental law." Commonwealth statutes and regulations
promulgated in accordance with the act of July 31, 1968
(P.L.769, No.240), referred to as the Commonwealth Documents
Law, relating to the protection of the environment. The term
includes:
(1) The act of June 22, 1937 (P.L.1987, No.394), known
as The Clean Streams Law, the act of January 8, 1960 (1959
P.L.2119, No.787), known as the Air Pollution Control Act,
the act of November 26, 1978 (P.L.1375, No.325), known as the
Dam Safety and Encroachments Act, and the act of July 7, 1980
(P.L.380, No.97), known as the Solid Waste Management Act.
(2) Federal statutes and regulations relating to the
protection of the environment, to the extent the statute and
regulation are administered or enforced by the Commonwealth.
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"General permit." A permit required by an environmental law
issued for a category of activities in which projects in that
category have been determined to be similar in nature and
capable of being adequately regulated utilizing standardized
specifications and conditions without the necessity of applying
for and obtaining an individual permit.
"General plan approval." A plan approval required by an
environmental law issued for a category of activities in which
projects in that category have been determined to be similar in
nature and capable of being adequately regulated utilizing
standardized specifications and conditions without the necessity
of applying for and obtaining an individual permit.
"Individual permit." A permit required by an environmental
law that contains site-specific terms and conditions.
"Necessary information." Plans, forms, fees, notifications,
receipts, analyses, certifications, reports, drawings, diagrams
or letters.
Section 1903-C. Filing of application.
An application for an individual permit or for coverage or
authorization to proceed under a general plan approval or
general permit shall be stamped by the department with the date
of filing. An application shall be deemed to be filed with the
department on the date the application is delivered to the
department.
Section 1904-C. Time period.
(a) Action.--
(1) Subject to paragraph (2), the department must issue,
modify, renew, transfer or refuse to issue, modify, renew or
transfer an individual permit or coverage or authorization to
proceed under a general plan approval or general permit
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within THE TIME FRAME REQUIRED BY LAW, OR, IF NOT SPECIFIED
BY LAW, WITHIN 45 days of the date the application was filed
under section 1903-C.
(2) The time requirement under paragraph (1) may be
tolled under sections:
(i) 1906-C(c); or
(ii) 1907-C(d).
(b) Failure to act.--If the department does not comply with
subsection (a), section 1910-C applies.
Section 1905-C. Administratively complete application.
(a) Contents.--An application is administratively complete
if the application contains the necessary information or other
information requested in the application, notwithstanding
whether the necessary information or other information supplied
in the application is sufficient to grant the application.
(b) Disagreements.--Disagreements between the department and
the applicant as to the substance or merits of, or professional
judgment contained within, the application shall not render the
application to be administratively incomplete.
(c) Presumption.--An application accompanied by an affidavit
executed under penalty of perjury by a professional engineer ,
LANDSCAPE ARCHITECT, GEOLOGIST OR LAND SURVEYOR licensed by the
Commonwealth affirming that the application is administratively
complete to the best of the engineer's INDIVIDUAL'S knowledge,
information and belief shall be presumed to be administratively
complete, unless the department rebuts the presumption by clear
and convincing evidence in a proceeding under section 1907-C.
Section 1906-C. Administratively incomplete application.
(a) Written statement.--An application determined by the
department to be administratively incomplete shall be returned
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to the applicant within 15 days of the date the application was
filed under section 1903-C accompanied by a written statement of
the specific necessary information or other information required
to complete the application.
(b) Identification.--An omission not identified in the
manner provided under subsection (a) shall be deemed to be cured
if not contained in the written statement required under
subsection (a).
(c) Tolling.--The time period under section 1904-C(a) shall
be tolled from the date the application is returned until the
date the application is refiled with the department.
Section 1907-C. Informal dispute resolution.
(a) Referee.--A dispute as to the administrative
completeness of the application may be submitted by the
applicant to a referee selected under section 1908-C.
(b) Response.--The department must file a written response
to the applicant's submission of the dispute within 10 days of
service of the submission of the dispute.
(c) Decision.--
(1) The referee's decision must be rendered without the
necessity of a hearing:
(i) within 10 days of the filing of the department's
written response; or
(ii) if the department does not file a response
under subsection (b), within 20 days of service of the
submission of the dispute.
(2) Failure of a referee to comply with the time
requirements under paragraph (1) shall be deemed to be a
ruling in favor of the applicant.
(3) A decision under this section is not appealable.
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(d) Tolling.--The time period under section section 1904-
C(a) shall be tolled during the time period the dispute is
pending before the referee.
Section 1908-C. Selection of referee.
(a) List.--If a dispute arises as to the administrative
completeness of an application, the applicant may request a list
of three referees from the master list of referees compiled by
the Environmental Hearing Board no later than three months
following the effective date of this subsection.
(b) Qualifications.--A referee under subsection (a) must be
a professional engineer , LANDSCAPE ARCHITECT, GEOLOGIST OR LAND
SURVEYOR who has consented to serve as a referee under this
article.
(c) Process.--
(1) The department must eliminate one name from the list
under subsection (a) within five days after issuance of the
list. Failure to comply with the time requirement under this
paragraph shall be deemed a decision in favor of the
applicant.
(2) After elimination of a name under paragraph (1), the
applicant must, within five days of the elimination,
eliminate one name from the list. Failure to comply with the
time requirement under this paragraph shall be deemed a
decision in favor of the department.
(3) The individual whose name remains on the list shall
be the referee selected to decide the dispute under section
1907-C.
Section 1909-C. Approval of application.
The department shall approve the application if environmental
laws governing the applicable general permit, general plan
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approval or individual permit are satisfied.
Section 1910-C. Application deemed approved.
An administratively complete application shall be deemed
approved and an individual permit or coverage or authorization
to proceed under a general plan approval or general permit shall
be deemed issued if any of the following paragraphs apply:
(1) The department fails to comply with the time
requirement under section 1904-C(a).
(2) The administratively complete application is
accompanied by an affidavit executed under penalty of perjury
by a professional engineer , LANDSCAPE ARCHITECT, GEOLOGIST OR
LAND SURVEYOR licensed by the Commonwealth affirming that:
(i) the contents of the application are true and
correct to the best of the engineer's INDIVIDUAL'S
knowledge, information and belief; and
(ii) the requirements for issuance of the individual
permit or for coverage or authorization to proceed under
the general plan approval or general permit set forth in
all applicable environmental laws have been satisfied.
Section 1911-C. Construction.
If there is a conflict between a provision of this article
and another statutory provision:
(1) Except as set forth in paragraph (2), the provision
of this article governs.
(2) Paragraph (1) does not apply if the other statutory
provision specifically states that it governs over this
article.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
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Article XIX-C of the act.
(2) All acts and parts of acts are repealed insofar as
they are inconsistent with the addition of Article XIX-C of
the act.
Section 3. Regulations in the Pennsylvania Code are
abrogated insofar as they are inconsistent with the addition of
Article XIX-C of the act.
Section 4. This act shall take effect in 60 days.
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