PRINTER'S NO. 4198
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2742
Session of
2020
INTRODUCED BY STRUZZI, PICKETT, POLINCHOCK, CALTAGIRONE, DeLUCA,
ZIMMERMAN AND CIRESI, AUGUST 6, 2020
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
AUGUST 6, 2020
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, establishing the Office of Compliance
Assistance and Pollution Prevention and providing for powers
and duties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 33
OFFICE OF COMPLIANCE ASSISTANCE
AND POLLUTION PREVENTION
Sec.
3301. Definitions.
3302. Office of Compliance Assistance and Pollution Prevention.
3303. Compliance methods and technologies.
3304. Assistance with meeting statutory requirements.
3305. Confidentiality.
3306. Training.
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3307. Report.
3308. Use of information.
§ 3301. 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.
"Medium-sized business." A business that employs at least
100 but no more than 500 employees.
"Office." The Office of Compliance Assistance and Pollution
Prevention established under section 3302 (relating to Office of
Compliance Assistance and Pollution Prevention).
"Small business." A business that employs fewer than 100
employees.
§ 3302. Office of Compliance Assistance and Pollution
Prevention.
(a) Office established.--The Office of Compliance Assistance
and Pollution Prevention is established within the department to
enhance the ability of small businesses and medium-sized
businesses to comply with environmental statutes, regulations
and agency policy and to prevent unnecessary degradation or
diminution of the State's land, air, waste and water.
(b) Director.--The director of the office shall be
designated by the Secretary of Environmental Protection and
shall have suitable technical qualifications to supervise the
staff and operations of the office.
(c) Staff.--The department shall hire or transfer sufficient
staff for the office, including licensed attorneys, licensed
professional engineers and licensed geologists.
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§ 3303. Compliance methods and technologies.
The office shall develop, collect and coordinate compliance
methods and technologies that may be employed by small
businesses and medium-sized businesses whose operations in this
Commonwealth require a permit, authorization or ongoing
compliance with a Federal or State statute, including all of the
following:
(1) The Federal Water Pollution Control Act (62 Stat.
1155, 33 U.S.C. § 1251 et seq.).
(2) The Clean Air Act (Public Law 95-95, 42 U.S.C. §
7401 et seq.), including the Clean Air Act Amendments (Public
Law 101-549, 104 Stat. 2399) approved November 15, 1990.
(3) The act of June 22, 1937 (P.L.1987, No.394), known
as The Clean Streams Law.
(4) The act of January 8, 1960 (1959 P.L.2119, No.787),
known as the Air Pollution Control Act.
(5) The act of November 26, 1978 (P.L.1375, No.325),
known as the Dam Safety and Encroachments Act.
(6) The act of July 7, 1980 (P.L.380, No.97), known as
the Solid Waste Management Act.
(7) The act of May 19, 1995 (P.L.4, No.2), known as the
Land Recycling and Environmental Remediation Standards Act.
(8) 58 Pa.C.S. (relating to oil and gas).
§ 3304. Assistance with meeting statutory requirements.
The office shall assist small businesses and medium-sized
businesses:
(1) in determining applicable requirements under the
statutes listed in section 3303 (relating to compliance
methods and technologies);
(2) in obtaining relevant permits and authorizations;
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(3) with relevant work practices, existing operational
or technology options and material inputs; and
(4) with a recommended timeline for operations as a
method of compliance.
§ 3305. Confidentiality.
The office shall ensure the confidentiality of all
communications and information from and on behalf of small
businesses and medium-sized businesses that seek assistance from
the office.
§ 3306. Training.
The office shall conduct training events in geographically
dispersed locations in this Commonwealth with small businesses
and medium-sized businesses to:
(1) Inform businesses about their compliance obligations
with respect to relevant environmental statutes, regulations
and policies.
(2) Advise businesses of best practices, workflow,
energy efficiency opportunities, available technology and
public and private financing and funding opportunities to pay
for technology improvements at businesses' facilities.
§ 3307. Report.
The office shall provide a biannual report to the General
Assembly providing an estimate of the avoided environmental
impacts and sustained economic activity resulting from the
office's activities.
§ 3308. Use of information.
No information submitted to, acquired by or exchanged with
public officials under this chapter shall be used in any manner
for purposes of enforcement or used as evidence in any judicial
or administrative enforcement proceeding. Nothing in this
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chapter confers immunity from enforcement based on information
obtained by the department or a law enforcement agency in the
course of effectuating existing statute and law.
Section 2. This act shall take effect in 60 days.
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