H1564B1987A04871 MAB:CMD 03/24/20 #90 A04871
AMENDMENTS TO HOUSE BILL NO. 1564
Sponsor: REPRESENTATIVE HARRIS
Printer's No. 1987
Amend Bill, page 1, line 2, by inserting after "Statutes,"
in general provisions, emergency seat of government,
providing
for other emergencies and further providing for applicability
of subchapter; and,
Amend Bill, page 1, lines 8 and 9, by striking out all of
said lines and inserting
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.--I n addition to the other
provisions of this subchapter, the provisions of this section
shall also apply after the declaration of a disaster or
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
subchapter.
(b) Use of telecommunications devices.-- If the declaration
is of a disaster or 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
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 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
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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.
(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 under subsection
(b), and after the Governor's disaster or 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) Existing and 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 or emergency dangerous to
health or safety as described in 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 or 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 or emergency declaration and shall resume on the
date following the termination of the disaster or emergency
or the final extension thereof.
(2) The municipality shall notify in writing each
applicant subject to this subsection of the disaster or
emergency, the time extension set forth in this section and
the right to a request as provided in subsection (c)(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
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and decisions.
(3) The applicant may request such 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 or 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 thereof, and in effect after the beginning of the
disaster or emergency declaration, the running period of the
approval shall be automatically suspended during the disaster
or emergency and shall resume after the final termination of
the disaster or emergency.
Section 2. Section 1124 of Title 53 is amended to read:
§ 1124. Applicability of subchapter.
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. Section 8802 of Title 53 is amended by adding
definitions to read:
Amend Bill, page 2, line 4, by striking out "2" and inserting
4
Amend Bill, page 5, line 10, by striking out "3" and
inserting
5
Amend Bill, page 5, lines 10 and 11, by striking out "January
1 of the year" in line 10 and all of line 11 and inserting
as follows:
(1) The following provisions shall take effect
immediately:
(i) This section.
(ii) The amendment or addition of 53 Pa.C.S. §§
1123.1 and 1124.
(2) The remainder of this act shall take effect January
1 of the year following the date of enactment.
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