PRINTER'S NO. 591
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
652
Session of
2023
INTRODUCED BY BULLOCK, KENYATTA, RABB, GUENST, PROBST, HILL-
EVANS, SANCHEZ, PARKER, MADDEN, BURGOS, STURLA, SHUSTERMAN,
KIM, KINKEAD, BENHAM, PISCIOTTANO, INNAMORATO, VITALI,
O'MARA, WAXMAN, YOUNG, PIELLI, STEELE, N. NELSON, KRAJEWSKI,
KINSEY, FIEDLER, CONKLIN, CEPEDA-FREYTIZ, KHAN, HOWARD,
BRIGGS, OTTEN, FRANKEL AND SALISBURY, MARCH 21, 2023
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 21, 2023
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, providing for issuance of permits in
burdened communities.
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 43
ISSUANCE OF PERMITS IN BURDENED COMMUNITIES
Sec.
4301. Definitions.
4302. Designation of burdened communities.
4303. Permit process.
4304. Regulations and publication.
ยง 4301. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Burdened community." A census tract, as delineated in the
most recent Federal decennial census, that is ranked in the
bottom 33% of census tracts in this Commonwealth for median
annual household income.
"Cumulative impacts." An exposure, public health or
environmental risk or other effect occurring in a specific
geographical area, including from any environmental pollution
emitted or released routinely, accidentally or otherwise, from
any source, and assessed based on the combined past, present and
reasonably foreseeable emissions and discharges affecting the
geographical area.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Facility." Any of the following:
(1) an electric generating facility with a capacity of
more than 10 megawatts;
(2) a resource recovery facility or incinerator;
(3) a sludge combustor or incinerator;
(4) a sewage treatment plant with a capacity of more
than 50,000,000 gallons per day;
(5) a transfer station, recycling center or other solid
waste facility with a combined monthly volume in excess of 25
tons;
(6) a landfill, including, but not limited to, a
landfill that accepts ash, construction or demolition debris
or solid waste;
(7) a medical waste incinerator; or
(8) a major source of air pollution as defined in 42
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U.S.C. ยง 7412 (relating to hazardous air pollutants).
"Permit." A permit, registration or license issued by the
department establishing the regulatory and management
requirements for an ongoing regulated activity as authorized by
Federal or State law.
ยง 4302. Designation of burdened communities.
(a) List of burdened communities.--No later than 120 days
after the effective date of this section, the department, in
consultation with the Secretary of the Commonwealth, shall adopt
a list of burdened communities in this Commonwealth. The
department shall update the list of burdened communities
periodically as new data on median annual household income
becomes available and after each Federal decennial census is
officially reported as required by Federal law .
(b) Representative of burdened community.--No later than 60
days after a burdened community is designated under subsection
(a), the governing body of a municipality in which a burdened
community is located, in consultation with appropriate community
groups, shall designate a representative of the burdened
community.
ยง 4303. Permit process.
(a) Granting of permits.--Beginning 180 days after the
effective date of this section, the department may not grant a
permit for a new facility or for the expansion of an existing
facility located in whole or in part in a burdened community
unless the permit applicant first:
(1) Prepares a report assessing the environmental impact
of the proposed new facility or expansion of an existing
facility, including cumulative impacts on the burdened
community, adverse environmental effects that cannot be
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avoided should the permit be granted and the public health
impact on the burdened community.
(2) Transmits the report required to be prepared under
paragraph (1) at least 30 days prior to the public hearing
required under paragraph (3) to the department, the governing
body and the clerk of the municipality in which the burdened
community is located and the designated representative of the
burdened community. The report shall be made available to the
public at least 30 days prior to the public hearing required
under paragraph (3).
(3) Organizes and conducts a public hearing in a
location as convenient as possible to all interested parties.
The permit applicant shall publish public notices of the
hearing in at least two newspapers circulating within the
burdened community not less than 21 days prior to the
hearing. At least 14 days prior to the date set for the
hearing, a copy of the public notice shall be sent to the
department, the governing body and the clerk of the
municipality in which the burdened community is located and
the designated representative of the burdened community.
(b) Public hearing.--At a public hearing, the permit
applicant shall provide clear, accurate and complete information
about the proposed new facility or expansion of an existing
facility and the potential environmental and health impacts of
the new or expanded facility. The hearing shall provide an
opportunity for meaningful public participation by residents of
the burdened community. Following the public hearing, the
department shall consider the testimony presented and evaluate
revisions or conditions to the permit that may be necessary to
reduce the adverse impact to the public health or the
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environment in the burdened community.
(c) Decision by department.--The department may not issue a
decision on the permit application until at least 60 days after
a public hearing. Notwithstanding the provisions of any other
law, the department may deny a permit application in a burdened
community upon a finding that the approval of the permit would,
together with the cumulative impacts posed by the existing
conditions, including conditions resulting from permitted
activities, constitute an unreasonable risk to the health of the
residents and the environment of the burdened community. The
following shall apply:
(1) The department, when evaluating an application for a
permit under this section, shall assess the community support
for the proposed new facility or expansion of an existing
facility as demonstrated through the public hearing conducted
under subsection (b), letters of support for or opposition to
the proposed new or expanded facility and any ordinance or
resolution adopted by the governing body of the municipality
in which the burdened community is located. The department
shall consider community support or the lack of community
support in the department's decision to grant or deny a
permit.
(2) If a permit applicant is applying for more than one
permit for a proposed new facility or expansion of an
existing facility, the permit applicant shall only be
required to comply with the provisions of this section once,
unless the department, in its discretion, determines that
more than one public hearing is necessary due to the
complexity of the proposed new or expanded facility. Nothing
in this section shall be construed to limit the authority of
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the department to hold or require additional public hearings
as may be required by any other law.
ยง 4304. Regulations and publication.
(a) Promulgation.--The department shall promulgate rules and
regulations to implement the provisions of this chapter.
(b) Publication of permits.--The department shall publish
all permits granted under this chapter, along with any guidance
documents, on its publicly accessible Internet website.
Section 2. This act shall take effect immediately.
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