PRINTER'S NO. 2466

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2128

Session of

2021

INTRODUCED BY HOWARD, N. NELSON, HILL-EVANS, SANCHEZ, CIRESI AND

SIMS, DECEMBER 2, 2021

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, DECEMBER 2, 2021

permits and endangered and threatened species; and making an

appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of November 10, 1999 (P.L.491, No.45),

known as the Pennsylvania Construction Code Act, is amended by

adding a chapter to read:

CHAPTER 6

"Endangered or threatened species." Any of the following:

(1) An endangered species as defined under any of the

following:

(i) 30 Pa.C.S. § 102 (relating to definitions).

(ii) 34 Pa.C.S. § 102 (relating to definitions).

(2) A threatened species as defined under any of the

following:

(i) 30 Pa.C.S. § 102.

(ii) 34 Pa.C.S. § 102.

(3) A classification established under section 7(b) of

the act of June 23, 1982 (P.L.597, No.170), known as the Wild

(2) An addition involving a nonresidential building or

other structure in the municipality.

Section 602. Authorization.

Notwithstanding any provision of this act or any other

provision of law, a municipality may not issue a building permit

to an applicant unless all of the conditions under this chapter

are satisfied.

Section 603. Required information.

(a) Purpose.--An applicant shall, in addition to satisfying

other building permit conditions required by law, submit

(b) Contents.--The information required under this section

shall include the following:

(1) The name, mailing address, telephone number and

other contact information of the applicant.

(2) The name, mailing address, telephone number and

other contact information of the municipality in which the

proposed construction is to be located.

(3) The location and nature of the proposed

construction.

(c) Submittal.--The information required under this section

shall be submitted to the following:

(1) A specific form on which to provide any or all of

the required information.

(2) A sketch plan, preliminary plan or final plan,

together with any engineering comments, regarding the

proposed construction.

Section 604. Review and determination.

(a) Requirements.--Within 90 days of the submittal of the

information under section 603, each entity under section 603(c)

shall review the information and shall:

(1) Determine whether there exists any negative effect

(i) Require a site visit to the location of the

proposed construction.

(ii) Engage in discussions with the applicant or any

engineer or other professional involved in the proposed

construction.

(iii) Work in collaboration and consultation with

the other specified entities and other governmental

entities at the Federal, State and local levels.

(iv) Provide recommendations on remedial action that

may be taken to mitigate the negative effect on

endangered or threatened species.

(b) Noncompliance by entity.--If an entity under section

603(c) does not comply with the requirements specified under

subsection (a):

(1) It shall be presumed that there exists no negative

effect on endangered or threatened species as a result of the

proposed construction.

(2) The municipality in which the proposed construction

is to be located may issue a building permit to the applicant

for the proposed construction.

Section 605. Determination of negative effect.

construction, the municipality in which the proposed

construction is to be located may not issue a building permit

for the proposed construction unless the applicant mitigates or

eliminates the negative effect on endangered or threatened

species, to the satisfaction of the entity that determined the

existence of the negative effect.

(b) Resubmittal of information.--

(1) An applicant may be required by any of the following

to resubmit the information under section 603 to reflect any

efforts to mitigate or eliminate a negative effect on

endangered or threatened species as a result of the proposed

this subsection, the requirements and conditions specified

under section 604 apply.

Section 606. Fees.

(a) Authorization.--An entity under section 603(c) may

charge a reasonable fee to cover the costs related to the review

and determination under section 604 and a resubmittal of

information under section 605(b).

(b) Considerations in determining fee.--The fee under

subsection (a) may reflect the need for the following expenses

incurred or anticipated to be incurred as a result of the review

(3) Other necessary administrative expenses.

Section 607. Notice.

Within 10 days of receiving the written confirmation from an

entity under section 603(c) of the existence of a negative

effect on endangered or threatened species as a result of

proposed construction, the municipality in which the proposed

construction is to be located shall provide written notice to

the applicant that a building permit will not be issued for the

proposed construction until the negative effect is mitigated or

eliminated.

Section 608. Appeal.

building permit as provided under section 501 or, if applicable,

as otherwise provided under law.

Section 609. Appropriation.

The sum of $20,000,000 is hereby appropriated from the

General Fund to the entities under section 603(c) for the

purpose of recruiting and training the necessary staff to

administer the provisions of this chapter.

Section 610. Applicability.

This chapter does not apply to the following:

(1) The addition, alteration or repair of a residential

Section 2. This act shall take effect as follows:

(1) The following shall take effect immediately:

(i) This section.

(ii) The addition of section 609 of the act.

(2) The remainder of this act shall take effect in 180

days.