PRINTER'S NO. 2779
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2365
Session of
2022
INTRODUCED BY FRITZ, BERNSTINE, HAMM, LEWIS DELROSSO, MILLARD,
MOUL, JOZWIAK, PICKETT AND ZIMMERMAN, MARCH 8, 2022
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 8, 2022
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, providing for permit review process
and establishing the Permitting Technology Restricted
Account.
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 42
PERMIT REVIEW PROCESS
Subchapter
A. General Provisions
B. Procedures
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
4201. Scope of chapter.
4202. Definitions.
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4203. Permit decision time periods.
4204. Permit coordination.
4205. Public permit tracking system.
4206. Application manager.
4207. Appeals.
ยง 4201. Scope of chapter.
This chapter applies to the process for review of each permit
issued by the Department of Environmental Protection.
ยง 4202. 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:
"Applicant." A person or other entity who has submitted an
application to the department to conduct an activity authorized
by the department.
"Application." A request for an approval by the department
for a new permit, a permit renewal, a permit amendment, a permit
modification or a permit transfer.
"Application manager." The department employee who is
designated under section 4211(c) (relating to preapplication
conference ) or 4212(b) (relating to receipt of application).
"Appropriate program." The deputate, bureau, district,
division or office within the department which is responsible
for reviewing an application.
"Completeness review." The review of an application's
completeness under section 4213 (relating to completeness review
of application).
"Department." The Department of Environmental Protection of
the Commonwealth.
"Elevated review." The review for technical adequacy under
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section 4215 (relating to elevated review process for
application).
"Permit." An authorization issued by the department to
perform an activity regulated by the department. The term
includes permits, plan approvals, registrations under general
permits, applications for a change in ownership, plan approvals
or requests for determination for an air contaminant source,
requests for determination or registrations for a general permit
or any other request for approval to undertake an action
requiring the department's approval under the department's
regulatory authority. The term does not include certifications
and licenses.
"Permit decision." An approval or denial of an application
under section 4216 (relating to p ermit decisions for
application).
"Public permit tracking system." The tracking system under
section 4205 (relating to public permit tracking system).
"Technical review." The review of technical adequacy under
section 4214 (relating to technical review of application).
ยง 4203. Permit decision time periods.
(a) Permit decision time period policy.--The department
shall establish a policy providing for certain time periods for
permit decisions for permits which have been accepted under
section 4213(f) (relating to completeness review of
application). A time period in the policy may not exceed a time
period required by law or regulation.
(b) Initial permit decision time period policy.--No later
than 15 days after the effective date of this subsection, the
department shall transmit a notice of the policy under
subsection (a) to the Legislative Reference Bureau for
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publication in the Pennsylvania Bulletin. The notice under this
subsection shall be that the information under Appendix A of the
policy published by the department entitled Policy for
Implementing the Department of Environmental Protection
(Department) Permit Review Process and Permit Decision Guarantee
Document Number 021-2100-001, effective November 2, 2012, that
was subject to notice of availability of technical guidance in
the Pennsylvania Bulletin at 42 Pa.B. 6961 (November 3, 2012)
shall be the initial permit review timelines under this
subsection.
(c) Revisions to permit decision time period policy.--No
earlier than 90 days after the publication of the notice under
subsection (b), the department may revise the policy under
subsection (a) after providing notice and an opportunity for
public comment. A revised policy shall be effective upon
publication of notice in the Pennsylvania Bulletin that the
policy has been revised, which shall be no earlier than 30 days
after the publication of the initial notice.
(d) Preapplication conference.--The policy, upon revision
under subsection (c), shall identify the applications for which
the department recommends a preapplication conference.
(e) Expedited permit review.--
(1) The policy under subsection (a) shall provide
expedited time periods for review of applications for which
an applicant submits an additional fee to be established by
the department. An additional fee under this subsection may
not be higher than 50% of the amount of a fee required by law
to be paid to the department with the submission of an
application. An expedited time period for review of
applications may not be more than half of the time period
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established under subsection (a).
(2) Amounts received from the additional fee imposed
under this subsection shall be deposited in the Permitting
Technology Restricted Account established under paragraph
(3).
(3) The Permitting Technology Restricted Account is
established as a restricted account in the General Fund.
Money in the restricted account is hereby appropriated on a
continuing basis to the department for the improvement,
maintenance and expansion of information technology related
to permit reviews under this chapter.
ยง 4204. Permit coordination.
(a) Permit coordination policy.--The department shall
establish a policy for the timely and efficient coordination of
reviews under this chapter with other reviews of the activity
which is the subject of the application by another governmental
body.
(b) Coordination with other governmental bodies.--The policy
under subsection (a) shall include the coordination between the
department and other Commonwealth agencies, interstate
commissions, Federal agencies and any other governmental body
which has a role under law in approving the activity which is
the subject of the application.
(c) Intradepartmental coordination.--The policy under
subsection (a) shall include the coordination among deputates,
bureaus, district divisions or offices of the department which
have a role in assisting review of the permit.
ยง 4205. Public permit tracking system.
The department shall maintain a publicly accessible
electronic system to track the status of applications, including
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the dates associated with the receipt of applications,
acceptances, completeness reviews, technical reviews, elevated
review processes and permit decisions.
ยง 4206. Application manager.
The department shall assign a department employee from the
appropriate program to serve as the application manager for each
application. An application manager shall be the primary point
of contact between the applicant and the department.
ยง 4207. Appeals.
(a) Right of appeal.--In addition to any right of appeal of
any action of the department provided in law, the following
shall be deemed to be a decision of the department under section
4(a) of the act of July 13, 1988 (P.L.530, No.94), known as the
Environmental Hearing Board Act:
(1) The department's failure to complete the
completeness review within the time period under section
4213(b) (relating to completeness review of application).
(2) The department's determination of completeness under
section 4213(d).
(3) The department's failure to complete the technical
review within the time period under section 4214(b) (relating
to technical review of application).
(4) The department's determination of technical adequacy
under section 4214(d).
(5) The department's failure to complete the elevated
review in the time period under section 4215(d) (relating to
elevated review process for application).
(6) The department's failure to issue a permit decision
as provided under section 4216(e) (relating to p ermit
decisions for application) .
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(b) Remedy.--An appeal of an action under subsection (a) may
be remedied by order of the Environmental Hearing Board.
SUBCHAPTER B
PROCEDURES
Sec.
4211. Preapplication conference.
4212. Receipt of application.
4213. Completeness review of application.
4214. Technical review of application.
4215. Elevated review process for application.
4216. Permit decisions for application.
ยง 4211. Preapplication conference.
(a) Request for preapplication conference.--A person or
other entity may request a preapplication conference with the
department prior to the submission of an application in
accordance with this section.
(b) Scheduling of preapplication conference.--If a request
under subsection (a) is deemed necessary or advisable by the
department, the department shall schedule a preapplication
conference.
(c) Assignment of application manager.--Upon scheduling a
preapplication conference, the department shall assign the
application an application manager.
(d) Attendees.--Any of the following may attend a
preapplication conference:
(1) The applicant.
(2) The applicant's consultant.
(3) The applicant's legal counsel.
(4) Department employees who are responsible for the
appropriate program.
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(5) The regional director.
(6) The application manager.
(7) At the request of the department, a governmental
body under section 4204(b) (relating to permit coordination).
(e) Topics.--The p reapplication conference shall address
topics which shall assist the applicant in submitting an
application which meets the requirements of sections 4213(d)
(relating to c ompleteness review of application) and 4214(d)
(relating to t echnical review of application) and to assist the
department in gaining a better understanding of the subject of
the application before the application is submitted to the
department. Topics under this subsection may include any of the
following:
(1) The number and type of permits needed for the
activity which is the subject of the application.
(2) The forms necessary for the application and any
relevant guidance that the department shall reference when
reviewing the application.
(3) A discussion with a governmental entity subject to
the permit coordination policy under section 4204 .
(4) A discussion of the need for public meetings and
public hearings.
(5) The applicable permit timeline under section 4203
(relating to permit decision time periods).
(6) If multiple permits would be required, an
appropriate project schedule.
ยง 4212. Receipt of application.
(a) Tracking of application.--U pon receipt of an application
and any fees which are required by law to be paid for the
application or a resubmitted application, including an
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application resubmitted under subsection (d) or section 4213(e)
(relating to completeness review of application), the department
shall log the receipt of the application into the public permit
tracking system.
(b) Application managers.--If an application logged under
subsection (a) does not have an application manager assigned
under section 4211(c) (relating to preapplication conference),
the department shall assign the application an application
manager.
(c) Referral.--Upon the receipt of an application under
subsection (a) and the assignment of an application manager, the
department shall refer the application to the appropriate
program within the department for a completeness review.
(d) Substantive changes.--Except for a change which results
from a technical deficiency letter under section 4214(e)
(relating to technical review of application) or information or
input taken from a public comment or hearing, an application
subject to a substantive project or design change made by an
applicant before a permit decision shall be deemed a new
application for the purposes of this chapter.
ยง 4213. Completeness review of application.
(a) Review.--Upon receipt of an application referred under
section 4212(c) (relating to receipt of application), the
department shall conduct a completeness review of the
application in accordance with this section.
(b) Duration of review.--T he department shall complete the
completeness review within 10 business days from the date of
receipt of the application under subsection (a).
(c) Minor deficiencies.--The department shall attempt to
address minor deficiencies and omissions in an application that
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may be easily corrected via a telephone call or an electronic
communication with the applicant prior to making a determination
under subsection (d).
(d) Determination of completeness.--The department shall
dete r mine that an application is complete if the application
contains all the necessary information, maps, fees and other
documents in sufficient detail to allow a technical review to be
performed. A review under this subsection shall not include a
review of matters reviewable under section 4214 (relating to
technical review of application).
(e) Incompleteness.-- Except as otherwise provided by law, if
an application is not determined to be complete under subsection
(d), the department shall send the applicant a notice of denial
via certified mail. The notice of denial shall specify the
reason for the denial and the applicable statutory and
regulatory requirements which were not met by the application.
An application which is revised and resubmitted after being
denied under this paragraph shall be deemed a new application.
(f) Acceptance.-- An application which is determined to be
complete under subsection (d) shall be deemed accepted by the
department and referred for a technical review. The department
shall log the determination into the public permit tracking
system as soon as practical, but no later than two business days
after the permit is deemed accepted.
ยง 4214. Technical review of application.
(a) Review.-- Upon receipt of an application under section
4213(f) (relating to completeness review of application), the
department shall conduct a technical review of the application
in accordance with this section.
(b) Duration of review.--The department shall determine
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whether the application meets the requirements under this
section within the time period specified by the policy under
section 4203 (relating to permit decision time periods).
(c) Use of guidance.-- Technical guidance may not be used or
cited in a notice of deficiency under subsection (e).
(d) Determination of technical adequacy.-- The department
shall determine that an application is technically adequate if
it contains the necessary scientific and engineering information
and project design to satisfy the applicable statutory and
regulatory requirements.
(e) Notice of deficiency.-- If an application is not
determined to be technically adequate under subsection (d), the
department shall send the applicant a notice of deficiency via
certified mail. The department may request to meet and discuss
the deficiencies with the applicant. The notice of deficiency
shall describe the deficiency and the applicable statutory and
regulatory requirements which are not met by the application. A
technically deficient application that has not been made
technically adequate within the time period specified under
subsection (b) shall be referred for elevated review.
(f) Referral for elevated review.-- A technically deficient
application that has not been made technically adequate within
the time period specified under subsection (b) shall be referred
for elevated review.
(g) Determination of technical adequacy.--An application
which is determined to be technically adequate under subsection
(d) shall be referred for a permit decision. The department
shall log the determination into the public permit tracking
system.
ยง 4215. Elevated review process for application.
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(a) Review.--Upon referral of an application for elevated
review under section 4214(f) (relating to technical review of
application) , the department shall conduct an elevated review
under this section.
(b) Discussion of deficiencies.--Department employees,
including the application manager and applicable supervisory
employee, shall discuss the details of the application which has
been referred for elevated review and its deficiencies. The
department employees shall determine how to conduct the elevated
review of the application.
(c) Coordination with applicant.--The elevated review of the
application may include an in-person meeting or a conference
call with the applicant.
(d) Duration.--An e levated review shall be completed no
later than 15 days after the referral of the application under
section 4214(f) .
(e) Additional time.--If the elevated review does not result
in an application which is technically adequate under section
4214(d), the department shall provide the applicant with an
additional 10 days to make the application technically complete .
(f) Supervisor review.-- If the elevated review does not
result in an application which is technically adequate under
section 4214(d), the deficiencies shall be reviewed by a
supervisor of the application manager. If deficiencies persist
after the review by the supervisor of the application manager,
the supervisor may refer the application for a permit decision
of denial under section 4216(c) (relating to permit decisions
for application).
ยง 4216. Permit decisions for application.
(a) Permit decision.--An application which is referred for a
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permit decision shall receive a permit decision under this
section.
(b) Approval of application.--An application which is
complete and technically adequate and meets the applicable
statutory and regulatory requirements shall be approved. The
department shall log the approval into the public permit
tracking system as soon as practical, but no later than two
business days after the permit is approved.
(c) Denial of application.-- An application may be denied if
the application has a technical deficiency after technical
review and elevated review and does not meet the applicable
statutory and regulatory requirements. An application which is
denied shall forfeit required fees to the department.
(d) Resubmission.--An application which is denied and then
resubmitted shall be considered a new application for the
purposes of this chapter.
(e) Next actionable application .--An application which has
been accepted under section 4213(f) (relating to completeness
review of application) and which has not been approved or denied
under this section within the time period specified in the
policy under section 4203 (relating to permit decision time
periods) shall be the next actionable application within the
appropriate program and shall receive an approval or disapproval
under this section within five business days after the
expiration of the time period.
(f) Failure to issue expedited permit application.--Failure
to issue an expedited permit application within the expedited
permit time frame shall result in the refund by the department
of the additional permit application fee paid under section
4203(e).
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(g) Tracking approvals or denials.--Upon approval or denial
of an application under this section, the department shall log
the approval or denial into the public permit tracking system as
soon as practical, but no later than two business days after the
decision under this section.
Section 2. This act shall take effect in 60 days.
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