PRIOR PRINTER'S NOS. 1231, 2742
PRINTER'S NO. 2958
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1166
Session of
2023
INTRODUCED BY STEELE, PISCIOTTANO, MADDEN, SANCHEZ, PROBST,
HILL-EVANS, SAPPEY, FLEMING, RABB, INNAMORATO, SHUSTERMAN,
McNEILL, KINKEAD, BOROWSKI, KIM, KHAN AND PIELLI,
MAY 18, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 16, 2024
AN ACT
Providing for restrictions on the sale and application of high-
PAH sealants; establishing the Safer Sealant Fund; imposing
duties on the Department of Environmental Protection;
AUTHORIZING CERTAIN MUNICIPAL ORDINANCES; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Safer Sealant
Act.
Section 2. Definitions.
The following words and phrases when used in this act 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.
"Fund." The Safer Sealant Fund established under section
5(a).
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"High-PAH sealant." A sealant product containing more than
0.1% polycyclic aromatic hydrocarbons by weight.
"Municipality." A county, city, borough, incorporated town
or township.
Section 3. Restrictions on use of high-PAH sealants.
(a) Prohibitions.--A person may not:
(1) As of January 1, 2025, supply, sell or offer for
sale a high-PAH sealant for application to a driveway or
parking area.
(2) As of January 1, 2026, apply or solicit the
application of a high-PAH sealant to a driveway or parking
area.
(A) PROHIBITIONS.--
(1) A PERSON MAY NOT SUPPLY, SELL OR OFFER FOR SALE A
HIGH-PAH SEALANT FOR APPLICATION ON A DRIVEWAY OR PARKING
AREA AFTER DECEMBER 31, 2024.
(2) A PERSON MAY NOT APPLY OR SOLICIT THE APPLICATION OF
A HIGH-PAH SEALANT TO A DRIVEWAY OR PARKING AREA AFTER
DECEMBER 31, 2025.
(b) Civil penalty.--A person violating subsection (a) shall
be subject to a civil penalty not exceeding $2,500 for each
violation.
Section 4. Municipal ordinances.
(a) General rule.--A municipality may enact an ordinance in
accordance with the provisions of section 3.
(b) Jurisdiction.--A municipality adopting an ordinance
under subsection (a) has jurisdiction concurrent with the
department to enforce this act, provided that the ordinance is
at least as stringent as the model ordinance under subsection
(d).
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(A) GENERAL RULE.--A MUNICIPALITY MAY ENACT AN ORDINANCE
THAT PROVIDES:
(1) A PERSON MAY NOT SUPPLY, SELL OR OFFER FOR SALE A
HIGH-PAH SEALANT FOR APPLICATION ON A DRIVEWAY OR PARKING
AREA IN THE MUNICIPALITY.
(2) A PERSON MAY NOT APPLY OR SOLICIT THE APPLICATION OF
A HIGH-PAH SEALANT TO A DRIVEWAY OR PARKING AREA IN THE
MUNICIPALITY.
(B) CONSTRUCTION.--NOTHING IN THIS ACT SHALL BE CONSTRUED
TO:
(1) PROHIBIT A MUNICIPALITY FROM ENACTING AN ORDINANCE
THAT IS MORE STRINGENT THAN THE ORDINANCE AUTHORIZED UNDER
SUBSECTION (A); OR
(2) AFFECT AN ORDINANCE ENACTED BY A MUNICIPALITY PRIOR
TO THE EFFECTIVE DATE OF THIS SECTION THAT IS AT LEAST AS
STRINGENT AS THE ORDINANCE AUTHORIZED UNDER SUBSECTION (A).
(c) Collection of civil penalties.--A municipality enforcing
an ordinance under this section may collect and use a civil
penalty associated with violations in section 3(a). THE AMOUNT
OF WHICH MAY BE DETERMINED BY THE MUNICIPALITY.
(d) Model ordinance.--The department shall draft a model
municipal ordinance for any municipality that opts to enforce
the provisions of this act. ORDINANCE THAT MUNICIPALITIES MAY
USE UNDER THIS SECTION.
Section 5. Fund.
(a) Establishment.--The Safer Sealant Fund is established
within the State Treasury which, along with interest earned,
shall be administered USED by the department to further the
purposes of this act.
(b) Deposits.--Civil penalties collected by the department
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under this act SECTION 3 shall be deposited into the fund.
Section 6. Administration.
(a) Enforcement.--The department shall enforce the
provisions of this act SECTION 3.
(b) Rules and regulations.--The department shall
ENVIRONMENTAL QUALITY BOARD MAY adopt or promulgate any rules or
regulations necessary for the administration of this act,
including the use and disbursement of money from the fund.
Section 7. Effective date.
This act shall take effect in 60 days IMMEDIATELY.
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