PRIOR PRINTER'S NO. 1600
PRINTER'S NO. 2506
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1107
Session of
2019
INTRODUCED BY O'NEAL, TURZAI, KAUFER, MIHALEK, KAIL, FRITZ,
TOOHIL, NELSON, PUSKARIC, GILLESPIE, GREINER, ROTHMAN,
BERNSTINE, MOUL, KAUFFMAN, CAUSER, DUNBAR, ZIMMERMAN, OWLETT,
SCHMITT, MILLARD, GLEIM, HERSHEY, GILLEN, STRUZZI, EVERETT,
TOPPER, ORTITAY, RADER, SANKEY, WARNER, REESE, RYAN, DIAMOND,
MARSHALL, PICKETT, ECKER, LEWIS, WALSH, DOWLING,
M. K. KELLER, GABLER, DAY, MASSER, RIGBY, HEFFLEY, SCHEMEL,
B. MILLER, TOBASH AND BENNINGHOFF, APRIL 29, 2019
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 18, 2019
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, establishing the Pennsylvania
Permitting Commission and providing for its powers and
duties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part I of Title 27 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 9
PENNSYLVANIA PERMITTING COMMISSION
Sec.
901. Scope of chapter.
902. Legislative findings.
903. Definitions.
904. Pennsylvania Permitting Commission.
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905. Powers and duties of commission.
906. Regulations.
907. Report.
908. Construction.
909. Limitation.
§ 901. Scope of chapter.
This chapter relates to the Pennsylvania Permitting
Commission.
§ 902. Legislative findings.
The General Assembly finds and declares as follows:
(1) It is the Commonwealth's constitutional
responsibility to conserve and maintain Pennsylvania's public
natural resources for generations yet to come.
(2) The Commonwealth fulfills this mission in part
through the granting of permits and other approvals by the
Department of Environmental Protection for specific regulated
activities.
(3) The department's permitting function places
significant responsibilities and obligations on the regulated
community, including individuals, small businesses and local
governments.
(4) Delays in making permitting decisions often have
significant impacts on the individual, government and
business planning processes and do not enhance the ability of
the department to protect the Commonwealth's natural
resources.
(5) Both the Commonwealth and its diverse population
have a vital interest in timely answers within reasonable
time frames but not at the expense of the environment.
§ 903. Definitions.
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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:
"Commission." The Pennsylvania Permitting Commission
established in this chapter.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Displaced employee." A salaried employee of the department
whose employment is terminated as a sole and direct result of
the implementation of this chapter. The term shall not include a
person who is terminated for cause or who retires or resigns, is
furloughed or is otherwise separated from employment for any
other reason.
"Environmental law or laws." All 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 all Federal statutes and regulations relating
to protection of the environment to the extent they are
administered or enforced by the Commonwealth.
"General permit" or "general plan approval." A permit or
plan approval required by an environmental law or laws 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 or laws issued on an individual application to engage in an
activity that contains site-specific terms and conditions.
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"Local government." A county, city, borough, incorporated
town or township of this Commonwealth.
"Permit by rule" or "plan approval by rule." An alternative
to an individual permit, general permit or general plan approval
otherwise required by an environmental law or laws, by which a
person is deemed to have an individual permit or coverage or
authorization to proceed under a general permit or general plan
approval through the issuance of a regulation to engage in a
category of activities, without the necessity of applying for an
individual permit or for coverage or authorization to proceed
under a general permit or general plan approval, provided that
the person complies with the conditions in the regulation.
§ 904. Pennsylvania Permitting Commission.
(a) Establishment.--The Pennsylvania Permitting Commission
is established.
(b) Membership.--
(1) The commission shall consist of five members who
shall be appointed by the Governor no later than three months
after the effective date of this section, by and with the
advice and consent of two-thirds of all the members of the
Senate, for a term of 10 years.
(2) The Governor may not nominate an individual as a
member of the commission if, because of that individual's
party affiliation under 25 Pa.C.S. Pt. IV (relating to voter
registration) at the time of nomination, appointment of the
individual would result in more than three members of the
commission having the same party affiliation as the Governor.
(c) Qualifications.--
(1) Each member must be 25 years of age or older and a
resident of this Commonwealth. At least two members shall be
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professional engineers licensed by the Commonwealth.
(2) No person may serve as a member who occupies an
official relation to a business or entity engaged in an
activity regulated by the department or who holds any other
appointive or elected office of the Commonwealth or political
subdivision thereof.
(3) Members shall devote their full time to their
official duties.
(4) No member shall hold any office or position, or be
engaged in a business, employment or vocation, the duties of
which are incompatible with the member's duties under this
chapter.
(d) Ex officio member.--The Secretary of Environmental
Protection shall serve on the commission as a nonvoting ex
officio member. The secretary may be represented by a designee.
(e) Chairperson.--
(1) The Governor shall designate a member of the
commission as the chairperson. The commission shall annually
elect another member to serve as the vice chairperson.
(2) When present, the chairperson shall preside at all
meetings, but in the chairperson's absence the vice
chairperson or, in the vice chairperson's absence, a member
designated by the chairperson, shall preside and shall
exercise, for the time being, all the powers of the
chairperson.
(3) The chairperson shall have such powers and duties as
authorized by the commission under this chapter.
(f) Meetings.--The commission shall convene on a schedule to
be determined by the chairperson, but at least once per month.
(g) Quorum.--
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(1) A majority of the members of the commission serving
in accordance with law shall constitute a quorum and the
majority, acting unanimously, shall be required for any
action, including the making of an order or the ratification
of an act done or order made by one or more members of the
commission.
(2) No vacancy on the membership of the commission shall
impair the right of a quorum of the members to exercise all
the rights and perform all the duties of the commission.
(h) Compensation.--The executive committee BOARD as
established in the act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929, shall establish the
compensation of the members.
(i) Vacancies.--Vacancies on the commission shall be filled
in the same manner as appointments, except that an appointment
to fill a vacancy shall be limited to the remainder of the
vacating member's unexpired term.
§ 905. Powers and duties of commission.
(a) General rule.--The commission shall have the power and
its duty shall be to administer the permitting and plan approval
processes vested in the department by law.
(b) Specific powers.--The commission shall have the power
to:
(1) Develop and implement individual and general
permitting and plan approval requirements that comply with
applicable environmental laws.
(2) Take prompt action on applications to issue, modify,
renew or transfer individual permits or coverage or
authorization to proceed under general permits or plan
approvals.
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(3) Develop simplified application and permit and plan
approval forms for permits and plan approvals necessary to
engage in activities regulated by the department.
(4) Promulgate regulations allowing for permits by rule.
(5) Establish recordkeeping requirements necessary to
administer this chapter.
(6) Establish reasonable permitting and plan approval
fees to cover the cost of administration of this chapter.
(7) Enter into agreements with county conservation
districts to assist in the performance of the commission's
duties.
(8) Establish such advisory committees as the commission
deems appropriate to assist in the performance of the
commission's duties.
(c) Transfer of duties.--The duties of the department
relating to the issuance, modification, renewal or transfer of
an individual permit or coverage or authorization to proceed
under a general permit or plan approval are transferred to the
commission.
(d) Transfer of resources.--
(1) All allocations, appropriations, equipment, files,
records, contracts, agreements, obligations and other
material which are used, employed or expended in connection
with the powers, duties or functions of the department
relating to the issuance, modification, renewal or transfer
of an individual permit or coverage or authorization to
proceed under a general permit or plan approval are
transferred to the commission with the same force and effect
as if the appropriations had been made to and the items had
been the property of the commission in the first instance and
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as if the contracts, agreements and obligations had been
incurred or entered into by the commission.
(2) The appropriations, equipment and other items and
material transferred by this section shall include Federal
grants and funds and other benefits from any Federal program.
(3) The transfer of resources as required by this
subsection shall not include current or displaced employees
of the department.
(e) Displaced employees.--
(1) The department shall provide the board COMMISSION
with a list of the department's displaced employees.
(2) The board COMMISSION shall interview displaced
employees interested in employment with the board COMMISSION
prior to interviewing other candidates.
(3) The Office of the Governor may also take any steps
it deems to be reasonable and appropriate to secure the
transfer of the displaced employees to other executive
agencies under the Governor's jurisdiction.
(f) Continuation.--All orders, permits, plan approvals,
regulations, decisions and other actions of the department
relating to the permitting or plan approval of a regulated
activity whose functions have been transferred by this chapter
to the commission shall remain in full force and effect until
modified, repealed, superseded in or otherwise changed by
appropriate action of the commission or this chapter.
(g) Cooperation.--The department shall cooperate with the
commission and other Commonwealth agencies in order to
facilitate the orderly transition of duties specified in this
section no later than one year from the date of the appointment
and confirmation of all commission members under section 904(b)
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(relating to Pennsylvania Permitting Commission), including
cooperation to secure any necessary Federal approvals.
§ 906. Regulations.
(a) Authority.--The commission may formulate, adopt,
promulgate and repeal such regulations as are necessary to carry
out the commission's duties specified in this chapter.
(b) Temporary regulations.--
(1) In order to facilitate the prompt implementation of
this chapter, the commission may promulgate temporary
regulations which shall expire no later than three years
following the publication of the temporary regulations. The
commission may promulgate temporary regulations not subject
to:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) Section 204(b) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys
Act.
(iii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(2) The authority provided to the commission to adopt
temporary regulations under paragraph (1) shall expire three
years following the publication of the temporary regulations.
Regulations adopted after this period shall be promulgated as
provided by law.
§ 907. Report.
Eighteen months after the effective date of this section and
every year on that date thereafter, the commission shall issue a
report to the Governor and each member of the General Assembly
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on the general operation of the commission and the effectiveness
of its operations, including, but not limited to, the timeliness
of permitting and plan approval decisions, the effectiveness of
its electronic permitting and plan approval system and any other
information the commission deems necessary and appropriate.
§ 908. Construction.
This chapter shall supersede any conflicting provisions in
any other State law unless the provision specifically references
this chapter and provides to the contrary.
§ 909. Limitation.
Nothing in this chapter shall be construed as limiting the
rights of local governments in the lawful performance of their
duties.
Section 2. This act shall take effect in 90 days.
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