Pennsylvania 2023-2024 Regular Session Status: Passed House Bipartisan · 17 D · 7 R cosponsors

HB 2393 — An Act amending the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, in general provisions, further providing for definitions and for powers and duties of department; in applications and permits, further providing for permits and licenses required, transition scheme and reporting requirements and providing for food processing residuals; and imposing penalties.

Last action — Referred to Environmental Resources & Energy

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

259 added · 338 removed

Plain-language change summary

The latest version of Bill HB 2393 includes several key changes to the definitions related to food processing residuals. Notably, the term "food processing residuals" now encompasses both animal processing waste and vegetative processing waste, highlighting a broader scope of materials being regulated. Additionally, a new requirement for a "food processing residuals data sheet" has been introduced, which aims to standardize documentation related to these materials. These changes are significant as they aim to improve waste management practices and ensure better regulatory compliance in Pennsylvania's food processing industry.

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PRIOR PRINTER'S NO.
PRIOR PRINTER'S NOS.
3262 PRINTER'S NO.
3262, 3688 PRINTER'S NO.
3688 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
3756 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
JONES, WEBSTER, BOROWSKI, MALAGARI, DALEY, SCOTT, KUTZ, GREEN, IRVIN, ECKER AND LABS, JUNE 7, 2024 AS ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 1, 2024 AN ACT Ameact providing for the planning and regulation of solid waste storage, collection, transportation, processing, treatment, and disposal;
JONES, WEBSTER, BOROWSKI, MALAGARI, DALEY, SCOTT, KUTZ, GREEN, IRVIN, ECKER AND LABS, JUNE 7, 2024 AS OCTOBER 9, 2024ND CONSIDERATION, HOUSE OF REPRESENTATIVES, AN ACT Ameact providing for the planning and regulation of solid waste storage, collection, transportation, processing, treatment, and disposal;
in applications and permits, further providing for permits and licenses required, transition scheme and reporting requirements and providing for food processing residual waste RESIDUALS;
in applications and permits, further providing for permits and licenses required, transition scheme and reporting requirements and providing for food processing residuals;
and imposing <-- penalties.
and imposing penalties.
* * * "CERTIFIED HAULER OR BROKER OF FOOD PROCESSING RESIDUALS." A <-- PERSON THAT HAS COMPLIED WITH ALL REQUIREMENTS OF THE DEPARTMENT OF AGRICULTURE AND BEEN CERTIFIED AS A HAULER OR BROKER OF FOOD PROCESSING RESIDUALS.
* * * "Certified hauler or broker of food processing residuals." A <-- person that has complied with all requirements of the Department of Agriculture and been certified as a hauler or broker of food processing residuals.
* * * "Food processing residual waste RESIDUALS." Animal <-- processing waste and vegetative processing waste.
* * * "Food processing residuals." Animal processing waste and vegetative processing waste.
"FOOD PROCESSING RESIDUALS DATA SHEET." A WRITTEN DOCUMENT <-- THAT MEETS THE REQUIREMENTS ESTABLISHED BY THE DEPARTMENT OF AGRICULTURE, IN CONSULTATION WITH THE STATE CONSERVATION COMMISSION, AND SPECIFIES THE QUANTITY, CONTENT, COMPOSITION, ORIGIN, AGE, PRIOR POSSESSORS AND PROCESSING OF FOOD PROCESSING RESIDUALS, DATES AND PARTIES TO ANY PRIOR TRANSFERS OF POSSESSION, INTENDED SITE FOR STORAGE PRIOR TO LAND APPLICATION, IF APPLICABLE, AND INTENDED SITE OF LAND APPLICATION IN THE COURSE OF NORMAL FARMING OPERATION.
"Food processing residuals data sheet." A written document that meets the requirements established by the Department of <-- Agriculture, in consultation with the State Conservation Commission, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE, <-- and specifies the quantity, content, composition <-- CHARACTERIZATION, origin, age, prior possessors and processing <-- of food processing residuals, dates and parties to any prior transfers of possession, intended site for storage prior to land application, if applicable, and intended site of land application in the course of normal farming operation.
* * * "Hauler or broker of food processing residual waste <-- 20240HB2393PN3688 - 2 - RESIDUALS." A person who for a fee or other remuneration <-- provides transport or application or coordination for transport or application of food processing residual waste RESIDUALS from <-- or to land owned or controlled by another person or municipality.
* * * "Hauler or broker of food processing residuals." A person 20240HB2393PN3756 - 2 - who for a fee or other remuneration provides transport or application or coordination for transport or application of food processing residuals from or to land owned or controlled by another person or municipality.
* * * "Land application system." A written, site-specific plan that incorporates best management practices for the use, STORAGE <-- AND APPLICATION of food processing residual waste to prevent <-- pollution to the air, water and other natural resources of this Commonwealth.
* * * "Land application system." A written, site-specific plan that incorporates best management practices for the use, storage and application of food processing residuals.
RESIDUALS.
* * * "Vegetative processing waste." Residual materials in liquid or solid form generated in the processing, converting or manufacturing of fruits, vegetables or crops into marketable food items.
<-- * * * "Vegetative processing waste." Residual materials in liquid or solid form generated in the processing, converting or manufacturing of fruits, vegetables, OR crops or another <-- commodity into marketable food items.
Section 104(17) and (18) of the act are amended and the section is amended by adding a paragraph PARAGRAPHS to <-- read:
Section 104(17) and (18) of the act are amended and the section is amended by adding paragraphs to read:
If Congress has not authorized the collection of such 20240HB2393PN3688 - 3 - funds within one year after the effective date of this act, or if the department finds that the funding program authorized is inadequate, the department shall transmit to the General Assembly within 15 months after the effective date of this act a proposal for the establishment of a fund in Pennsylvania comprised of surcharges collected from users of hazardous waste storage, treatment and disposal facilities excluding captive facilities in the Commonwealth.
If Congress has not authorized the collection of such funds within one year after the effective date of this act, or if the department finds that the funding program authorized is inadequate, the department shall transmit to the General Assembly within 15 months after the effective 20240HB2393PN3756 - 3 - date of this act a proposal for the establishment of a fund in Pennsylvania comprised of surcharges collected from users of hazardous waste storage, treatment and disposal facilities excluding captive facilities in the Commonwealth.
Residual wastes being 20240HB2393PN3688 - 4 - stored shall be monitored for changes in physical and chemical properties, including leachability, pursuant to applicable regulations, by the person or municipality beneficially using or processing such waste.
Residual wastes being stored shall be monitored for changes in physical and chemical properties, including leachability, pursuant to applicable regulations, by the person or municipality beneficially using or processing such waste.
The department may require the submission of periodic analyses or other information to insure that the quality of residual waste to be beneficially used or processed does not change.
The department 20240HB2393PN3756 - 4 - may require the submission of periodic analyses or other information to [insure] ENSURE that the quality of residual <-- waste to be beneficially used or processed does not change.
and <-- (19) regulate the storage, transport and application of food processing residual waste RESIDUALS in coordination with <-- the Department of Agriculture and the State Conservation Commission.;
(19) regulate the storage, transport and application of <-- food processing residuals in coordination with the Department of Agriculture and the State Conservation Commission;
<-- (20) IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE AND THE STATE CONSERVATION COMMISSION, DEVELOP, UPDATE AND MAINTAIN A MANUAL ESTABLISHING THE BEST PRACTICES FOR THE PROCESSING, TESTING, USE, STORAGE AND APPLICATION OF FOOD PROCESSING RESIDUALS IN ACCORDANCE WITH THE LATEST SCIENTIFIC RESEARCH AND EVIDENCE-BASED PRACTICES, WHICH SHALL INCLUDE, AT A MINIMUM, A TIERED SYSTEM FOR FOOD PROCESSING RESIDUALS 20240HB2393PN3688 - 5 - BASED ON CONTENT AND POTENTIAL FOR ODORS AND BEST PRACTICES FOR TREATMENT BY AN ODOR MANAGEMENT PROCEDURE PRIOR TO STORAGE OR APPLICATION;
(20) (19) in consultation COORDINATION with the <-- Department of Agriculture and the State Conservation Commission, develop, update and maintain a manual establishing the best practices for the processing, testing <-- CHARACTERIZATION, use, storage and application of food <-- processing residuals in accordance with the latest scientific research and evidence-based practices, which shall include, at a minimum, a tiered system for food processing residuals based on content and potential for odors and best practices for treatment by an odor management procedure prior to <-- storage or application TO MANAGE THE IMPACT OF ODORS;
AND (21) ASSIST THE DEPARTMENT OF AGRICULTURE AND THE STATE CONSERVATION COMMISSION IN THE DEVELOPMENT OF STANDARDS FOR THE LAND APPLICATION SYSTEM, WHICH SHALL INCLUDE AT LEAST:
and <-- (21) (20) assist the Department of Agriculture and the <-- 20240HB2393PN3756 - 5 - State Conservation Commission in the development of standards for the land application system, which shall include at least:
(I) THE MINIMUM STANDARDS FOR CONSTRUCTION, LOCATION, STORAGE CAPACITY AND OPERATION PROCEDURES FOR FACILITIES INTENDED TO BE USED FOR STORAGE OF FOOD PROCESSING RESIDUALS;
(i) the minimum standards for construction, location, storage capacity and operation procedures for facilities intended to be used for storage of food processing residuals;
(II) THE CONDITIONS UNDER WHICH AMENDMENTS TO THE LAND APPLICATION SYSTEM MUST BE MADE AFTER INITIAL FILING;
(ii) the conditions under which amendments to the land application system must be made after initial filing;
(III) A PROCESS TO DETERMINE THE LOCATION OF NEARBY ODOR RECEPTORS AND REPORTING OF MITIGATION MEASURES FOR ODORS BASED ON THE TIER OF FOOD PROCESSING BEING STORED OR APPLIED;
(iii) a process to determine the location of nearby odor receptors and reporting of mitigation measures <-- IMPLEMENTATION OF BEST ODOR MANAGEMENT PRACTICES for <-- odors based on the tier of food processing being stored or applied;
AND (IV) THE PROPER FORMS FOR THE LAND APPLICATION SYSTEM AND THE NOTICE OF INTENT REQUIRED TO BE FILED WITH THE STATE CONSERVATION COMMISSION.
and (iv) the proper forms for the land application system and the notice of intent required to be filed with the State Conservation Commission.
Section 501(a) of the act is amended and the <-- section is amended by adding a subsection to read:
Section 501(a) of the act is amended to read:
Provided, however, That this section shall not apply to the short-term storage of by- 20240HB2393PN3688 - 6 - products which are utilized in the processing or manufacturing of other products, to the extent that such by-products are not hazardous, and do not create a public nuisance or adversely affect the air, water and other natural resources of the Commonwealth[:
Provided, however, That this section shall not apply to the short-term storage of by- products which are utilized in the processing or manufacturing of other products, to the extent that such by-products are not hazardous, and do not create a public nuisance or adversely 20240HB2393PN3756 - 6 - affect the air, water and other natural resources of the Commonwealth:
And provided further, however, That the <-- provisions of this section shall not apply to agricultural waste produced in the course of normal farming operations nor the use of food processing [wastes] RESIDUALS in the course of normal <-- farming operations provided that such wastes are not classified by the board as hazardous] IN ACCORDANCE WITH SECTION 509.
And provided further, however, That the provisions of this section shall not apply to agricultural waste produced in the course of normal farming operations [nor] PROVIDED THAT <-- THE WASTE IS NOT CLASSIFIED BY THE ENVIRONMENTAL QUALITY BOARD AS HAZARDOUS.
<-- * * * (d) Except as specified under section 509, it shall be <-- unlawful for any person or municipality to use, or continue to use, or to apply, or continue to apply, on their land or the land of any other person or municipality food processing residual waste without first obtaining a permit from the department as required by this act.
THIS SECTION SHALL NOT APPLY TO the use of food processing [wastes] residuals in the course of normal farming operations [provided that such wastes are not classified by the <-- board as hazardous] in accordance with section 509.
Section 4.
<-- * * * Section 4.
Food processing residual waste RESIDUALS.
Food processing residuals.
<-- (a) The storage and application of food processing residual <-- waste RESIDUALS in the course of a normal farming operation <-- shall be managed under a land application system.
(a) The storage and application of food processing residuals in the course of a normal farming operation shall be managed under a land application system, which shall be made in a form and manner determined by the Department of Agriculture, in consultation with the State Conservation Commission.
Any person or <-- municipality engaging in the storage and application of food processing residual waste in the course of a normal farming operation shall file the land application system with the department, WHICH SHALL BE MADE in a form and manner determined <-- by the department.
(b) The land application system shall include, at a minimum, all of the following:
The land application system shall include, at <-- a minimum, all of the following:
(1) A description of the construction, location, storage capacity and operation of facilities intended to be used for storage of food processing residuals.
DEPARTMENT OF AGRICULTURE, IN <-- CONSULTATION WITH THE STATE CONSERVATION COMMISSION.
(2) A description of setbacks that have been established for the protection of natural resources.
(B) THE LAND APPLICATION SYSTEM SHALL INCLUDE, AT A MINIMUM, 20240HB2393PN3688 - 7 - ALL OF THE FOLLOWING:
(3) A description of nearby odor receptors and an analysis of odor risk, ACCORDING TO THE ODOR SITE INDEX <-- SPECIFICATIONS.
(1) The establishment of minimum standards of A <-- DESCRIPTION OF THE construction, location, storage capacity and operation of facilities intended to be used for storage of food processing residual waste RESIDUALS.
(4) A description of siting, site preparation, nutrient availability, crop rotation, field selection, monitoring, recordkeeping, transportation and mechanisms for reviewing 20240HB2393PN3756 - 7 - land application system performance.
<-- (2) The establishment of conditions under which <-- amendments to the land application system are required to be made after the initial development or filing of the land application system.
(5) Evidence of compliance with local ordinances or <-- zoning restrictions, if applicable, including any permissions or waivers.
A DESCRIPTION OF SETBACKS THAT HAVE BEEN <-- ESTABLISHED FOR THE PROTECTION OF NATURAL RESOURCES.
(6) (5) A statement that the person completing the land <-- application system understands that if the person is operating under both a land application system and a manure management system, the person must comply with the requirements of both.
(3) An overview A DESCRIPTION of nearby odor receptors <-- and an analysis of odor risk.
(c) The land application system shall be available for review at the request of the department, the Department of Agriculture or the State Conservation Commission.
(4) A description of siting, site preparation, nitrogen <-- NUTRIENT availability, CROP ROTATION, field selection, <-- monitoring, recordkeeping, transportation and mechanisms for reviewing land application system performance.
(d) A person wishing to apply or store food processing residuals under a land application system shall file a notice of intent to do so with the State Conservation Commission.
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(b) The department shall develop and maintain a food <-- processing residual waste manual that incorporates the latest research on proper application, storage and odor management of food processing residual waste.
(e) A person may not accept the transfer of food processing residuals for storage, use or application from anyone except a hauler or broker of food processing residuals who has been <-- supplied with a complete food processing residuals data sheet.
The manual shall include, at a minimum, all of the following:
(f) A person that accepts food processing residuals under this section shall maintain the food processing residuals data sheet received for a period of three years.
(1) A tiered system for food processing residual waste based on content and potential for odors.
(g) If a person is fully and properly implementing a land application systems plan of which a notice of intent is filed with the State Conservation Commission and maintained under this chapter, the implementation shall be given appropriate consideration as a mitigating factor in any civil action for penalties or damages alleged to have been caused by the management or utilization of nutrients or the abatement of odor <-- impacts pursuant to the implementation FOOD PROCESSING <-- 20240HB2393PN3756 - 8 - RESIDUALS.
(2) Best management practices for handling, storage and application of food processing residual waste.
(h) The following apply regarding enforcement authority and <-- enforcement orders:
(3) Established practices, technologies, standards, strategies and other requirements for odor management of storage and application of food processing residual waste, which shall include a requirement that animal processing waste and vegetative processing waste that presents or may 20240HB2393PN3688 - 8 - present a risk of odor be treated by an odor management procedure prior to storage or land application.
(1) A duly authorized agent of the State Conservation Commission or a conservation district shall have authority to enter an agricultural operation at reasonable times to conduct investigations and take actions as are necessary to enforce the provisions of this chapter or any order, rule or regulation issued under this chapter.
(4) Testing requirements for evaluation and establishment of nutrient content and chemical makeup of food processing residual waste prior to transportation, storage or land application.
(2) A person owning or operating an agricultural operation shall grant access to a duly authorized agent of the State Conservation Commission or a conservation district and may not hinder, obstruct, prevent or interfere with the agent in the performance of the duties of the agent, if the agent performs reasonable measures and actions as directed by the owner or operator of the agricultural operation as will reasonably and substantially prevent the spread or outbreak of contagious diseases.
(5) An identification of best management practices to be utilized for transport, storage and application of food processing residual waste.
(i) (H) This chapter is of Statewide concern and occupies <-- the whole field of regulation regarding storage and application of food processing residuals, to the exclusion of all local regulations, but nothing in this chapter shall prevent a political subdivision or home rule municipality from adopting and enforcing ordinances or regulations which are consistent with and no more stringent than the requirements of this chapter and the regulations or guidelines promulgated under this chapter.
(c) A hauler or broker of food processing residual waste shall maintain a valid commercial manure hauler broker certification under the act of June 28, 2004 (P.L.454, No.49), known as the Commercial Manure Hauler and Broker Certification Act.
A penalty shall not be assessed under any local ordinance or regulation under this subsection for a violation for which a penalty has been assessed under this chapter.
(d) The following shall apply:
(j) (I) The department shall coordinate with the Department <-- 20240HB2393PN3756 - 9 - of Agriculture and the State Conservation Commission as necessary to implement this section.
(1) A hauler or broker of food processing residual waste shall keep and maintain the following records:
(i) A record of the chemical makeup and nutrient content, including pH and phosphorus level and materials that may have been introduced in the processing of food processing residual waste intended for application or storage.
(ii) Documentation of the source of food processing residual waste intended for storage or application sufficient to allow the department to trace any contamination to the originating facility.
(2) Prior to transfer of food processing residual waste, a hauler or broker of food processing residual waste shall transmit copies of all of the following documents to the recipient of the food processing residual waste:
20240HB2393PN3688 - 9 - (i) The valid commercial manure hauler broker certification under the Commercial Manure Hauler and Broker Certification Act of the hauler or broker.
(ii) The record specified under paragraph (1)(i).
(3) Prior to transfer of food processing residual waste, the recipient of the food processing residual waste shall transmit to the hauler or broker of the food processing residual waste a copy of the land application system required under subsection (a).
(4) All records required under this subsection shall be maintained for at least three years and made available upon request to the department.
(5) EVIDENCE OF COMPLIANCE WITH LOCAL ORDINANCES OR <-- ZONING RESTRICTIONS, IF APPLICABLE, INCLUDING ANY PERMISSIONS OR WAIVERS.
(6) A STATEMENT THAT THE PERSON COMPLETING THE LAND APPLICATION SYSTEM UNDERSTANDS THAT IF THE PERSON IS OPERATING UNDER BOTH A LAND APPLICATION SYSTEM AND A MANURE MANAGEMENT SYSTEM, THE PERSON MUST COMPLY WITH THE REQUIREMENTS OF BOTH.
(C) THE LAND APPLICATION SYSTEM SHALL BE AVAILABLE FOR REVIEW AT THE REQUEST OF THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE OR THE STATE CONSERVATION COMMISSION.
(D) A PERSON WISHING TO APPLY OR STORE FOOD PROCESSING RESIDUALS UNDER A LAND APPLICATION SYSTEM SHALL FILE A NOTICE OF INTENT TO DO SO WITH THE STATE CONSERVATION COMMISSION.
(E) A PERSON MAY NOT ACCEPT THE TRANSFER OF FOOD PROCESSING RESIDUALS FOR STORAGE, USE OR APPLICATION FROM ANYONE EXCEPT A HAULER OR BROKER OF FOOD PROCESSING RESIDUALS WHO HAS BEEN SUPPLIED WITH A COMPLETE FOOD PROCESSING RESIDUALS DATA SHEET.
20240HB2393PN3688 - 10 - (F) A PERSON THAT ACCEPTS FOOD PROCESSING RESIDUALS UNDER THIS SECTION SHALL MAINTAIN THE FOOD PROCESSING RESIDUALS DATA SHEET RECEIVED FOR A PERIOD OF THREE YEARS.
(G) IF A PERSON IS FULLY AND PROPERLY IMPLEMENTING A LAND APPLICATION SYSTEMS PLAN OF WHICH A NOTICE OF INTENT IS FILED WITH THE STATE CONSERVATION COMMISSION AND MAINTAINED UNDER THIS CHAPTER, THE IMPLEMENTATION SHALL BE GIVEN APPROPRIATE CONSIDERATION AS A MITIGATING FACTOR IN ANY CIVIL ACTION FOR PENALTIES OR DAMAGES ALLEGED TO HAVE BEEN CAUSED BY THE MANAGEMENT OR UTILIZATION OF NUTRIENTS OR THE ABATEMENT OF ODOR IMPACTS PURSUANT TO THE IMPLEMENTATION.
(H) THE FOLLOWING APPLY REGARDING ENFORCEMENT AUTHORITY AND ENFORCEMENT ORDERS:
(1) A DULY AUTHORIZED AGENT OF THE STATE CONSERVATION COMMISSION OR A CONSERVATION DISTRICT SHALL HAVE AUTHORITY TO ENTER AN AGRICULTURAL OPERATION AT REASONABLE TIMES TO CONDUCT INVESTIGATIONS AND TAKE ACTIONS AS ARE NECESSARY TO ENFORCE THE PROVISIONS OF THIS CHAPTER OR ANY ORDER, RULE OR REGULATION ISSUED UNDER THIS CHAPTER.
(2) A PERSON OWNING OR OPERATING AN AGRICULTURAL OPERATION SHALL GRANT ACCESS TO A DULY AUTHORIZED AGENT OF THE STATE CONSERVATION COMMISSION OR A CONSERVATION DISTRICT AND MAY NOT HINDER, OBSTRUCT, PREVENT OR INTERFERE WITH THE AGENT IN THE PERFORMANCE OF THE DUTIES OF THE AGENT, IF THE AGENT PERFORMS REASONABLE MEASURES AND ACTIONS AS DIRECTED BY THE OWNER OR OPERATOR OF THE AGRICULTURAL OPERATION AS WILL REASONABLY AND SUBSTANTIALLY PREVENT THE SPREAD OR OUTBREAK OF CONTAGIOUS DISEASES.
(I) THIS CHAPTER IS OF STATEWIDE CONCERN AND OCCUPIES THE WHOLE FIELD OF REGULATION REGARDING STORAGE AND APPLICATION OF 20240HB2393PN3688 - 11 - FOOD PROCESSING RESIDUALS, TO THE EXCLUSION OF ALL LOCAL REGULATIONS, BUT NOTHING IN THIS CHAPTER SHALL PREVENT A POLITICAL SUBDIVISION OR HOME RULE MUNICIPALITY FROM ADOPTING AND ENFORCING ORDINANCES OR REGULATIONS WHICH ARE CONSISTENT WITH AND NO MORE STRINGENT THAN THE REQUIREMENTS OF THIS CHAPTER AND THE REGULATIONS OR GUIDELINES PROMULGATED UNDER THIS CHAPTER.
A PENALTY SHALL NOT BE ASSESSED UNDER ANY LOCAL ORDINANCE OR REGULATION UNDER THIS SUBSECTION FOR A VIOLATION FOR WHICH A PENALTY HAS BEEN ASSESSED UNDER THIS CHAPTER.
(e) (J) The department shall coordinate with the DEPARTMENT <-- OF AGRICULTURE AND THE State Conservation Commission as necessary to implement this section.
(f) In addition to any other penalty or proceeding permitted <-- under this act or by law or equity, the department shall assess a civil penalty of no more than $5,000 for a first violation of this section.
The department shall assess a civil penalty of no more than $25,000 for a second or subsequent violation of this section.
Each day in violation of this section shall be considered a separate offense for the purposes of assessing the penalty under this subsection.
This subsection shall not apply to a permit holder under this act that stores or accepts food processing residual waste.
This act shall take effect in 60 180 days.
This act shall take effect in 180 days.
<-- 20240HB2393PN3688 - 12 -
20240HB2393PN3756 - 10 -
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Amendments

2 amendments

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Action History

  1. Referred to Environmental Resources & Energy

  2. Third consideration and final passage

  3. Re-reported as committed

  4. Re-committed to Appropriations

  5. Second consideration, with amendments

  6. Removed from table

  7. Laid on the table

  8. First consideration

  9. Reported as amended

  10. Referred to Environmental Resources & Energy

Sponsors

Sponsorship breakdown

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1 sponsors · 25 co-sponsors · 227 not signed on · 22 voted No

Sponsors (1)

Co-sponsors (25)

Not signed on (227)

227 members have not signed on to this bill.

Show all 227 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Committee vote (Appropriations): Re-report Bill As Committed

Passed 26 Yea · 11 Nay
Party YeaNayPresentNot Voting
Unaffiliated 1400
Democratic 21000
Republican 4700
Total 261100
% of votes cast 70%30%0%0%
How each member voted (37)
Member Party Vote
Joshua Siegel — Yea
Louis Schmitt — Nay
Mike Cabell — Nay
Seth Grove — Nay
Torren Ecker — Nay
Abigail Salisbury Democratic Yea
Aerion Abney Democratic Yea
Ben Waxman Democratic Yea
Benjamin V. Sanchez Democratic Yea
Bridget M. Kosierowski Democratic Yea
Dave Madsen Democratic Yea
Elizabeth Fiedler Democratic Yea
Emily Kinkead Democratic Yea
Gina H. Curry Democratic Yea
Joe Webster Democratic Yea
Jordan A. Harris Democratic Yea
Justin C. Fleming Democratic Yea
Kyle J. Mullins Democratic Yea
La'Tasha D. Mayes Democratic Yea
Manuel Guzman Democratic Yea
Morgan Cephas Democratic Yea
Napoleon J. Nelson Democratic Yea
Pat Gallagher Democratic Yea
Regina G. Young Democratic Yea
Steven R. Malagari Democratic Yea
Tim Brennan Democratic Yea
Ann Flood Republican Yea
Clint Owlett Republican Nay
Eric R. Nelson Republican Yea
James B. Struzzi Republican Nay
John A. Lawrence Republican Nay
Kristin Marcell Republican Yea
Marci Mustello Republican Nay
Natalie Mihalek Republican Nay
Ryan Warner Republican Nay
Thomas H. Kutz Republican Nay
Zachary Mako Republican Yea

Official roll call →

FINAL PASSAGE

Passed 188 Yea · 14 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 731301
Democratic 96000
Unaffiliated 19100
Total 1881401
% of votes cast 93%7%0%0%
How each member voted (203)
Member Party Vote
P. Sturla — Yea
Aaron Kaufer — Yea
Barry Jozwiak — Yea
Dan Miller — Yea
Donna Oberlander — Yea
George Dunbar — Yea
Jim Gregory — Yea
Jim Marshall — Yea
Joshua Siegel — Yea
Kevin Boyle — Yea
Louis Schmitt — Yea
MACKENZIE, R — Yea
Mark Rozzi — Yea
Matthew Gergely — Yea
Mike Cabell — Yea
Paul Schemel — Yea
Robert W. Mercuri — Yea
Seth Grove — Nay
Stephenie Scialabba — Yea
Torren Ecker — Yea
Abigail Salisbury Democratic Yea
Aerion Abney Democratic Yea
Amen Brown Democratic Yea
Andre D. Carroll Democratic Yea
Anita Astorino Kulik Democratic Yea
Anthony A. Bellmon Democratic Yea
Arvind Venkat Democratic Yea
Ben Waxman Democratic Yea
Benjamin V. Sanchez Democratic Yea
Brandon J. Markosek Democratic Yea
Brian Munroe Democratic Yea
Bridget M. Kosierowski Democratic Yea
Carol Hill-Evans Democratic Yea
Carol Kazeem Democratic Yea
Chris Pielli Democratic Yea
Christina D. Sappey Democratic Yea
Christopher M. Rabb Democratic Yea
Dan Frankel Democratic Yea
Dan K. Williams Democratic Yea
Daniel J. Deasy Democratic Yea
Danielle Friel Otten Democratic Yea
Danilo Burgos Democratic Yea
Darisha K. Parker Democratic Yea
Dave Madsen Democratic Yea
David M. Delloso Democratic Yea
Ed Neilson Democratic Yea
Eddie Day Pashinski Democratic Yea
Elizabeth Fiedler Democratic Yea
Emily Kinkead Democratic Yea
Frank Burns Democratic Yea
G. Roni Green Democratic Yea
Gina H. Curry Democratic Yea
Greg Scott Democratic Yea
Greg Vitali Democratic Yea
Heather Boyd Democratic Yea
Ismail Smith-Wade-El Democratic Yea
Jared G. Solomon Democratic Yea
Jason Dawkins Democratic Yea
Jeanne McNeill Democratic Yea
Jennifer O'Mara Democratic Yea
Jessica Benham Democratic Yea
Jim Haddock Democratic Yea
Jim Prokopiak Democratic Yea
Joanna E. McClinton Democratic Yea
Joe Ciresi Democratic Yea
Joe McAndrew Democratic Yea
Joe Webster Democratic Yea
Johanny Cepeda-Freytiz Democratic Yea
Jordan A. Harris Democratic Yea
Jose Giral Democratic Yea
Joseph C. Hohenstein Democratic Yea
Justin C. Fleming Democratic Yea
Keith S. Harris Democratic Yea
Kristine C. Howard Democratic Yea
Kyle Donahue Democratic Yea
Kyle J. Mullins Democratic Yea
La'Tasha D. Mayes Democratic Yea
Leanne Krueger Democratic Yea
Lindsay Powell Democratic Yea
Lisa A. Borowski Democratic Yea
Liz Hanbidge Democratic Yea
Malcolm Kenyatta Democratic Yea
Mandy Steele Democratic Yea
Manuel Guzman Democratic Yea
Mary Jo Daley Democratic Yea
MaryLouise Isaacson Democratic Yea
Matthew D. Bradford Democratic Yea
Maureen E. Madden Democratic Yea
Melissa Cerrato Democratic Yea
Melissa L. Shusterman Democratic Yea
Michael H. Schlossberg Democratic Yea
Morgan Cephas Democratic Yea
Nancy Guenst Democratic Yea
Napoleon J. Nelson Democratic Yea
Nick Pisciottano Democratic Yea
Pat Gallagher Democratic Yea
Patrick J. Harkins Democratic Yea
Patty Kim Democratic Yea
Paul Friel Democratic Yea
Paul Takac Democratic Yea
Perry S. Warren Democratic Yea
Peter Schweyer Democratic Yea
Regina G. Young Democratic Yea
Rick Krajewski Democratic Yea
Robert E. Merski Democratic Yea
Robert F. Matzie Democratic Yea
Robert Freeman Democratic Yea
Ryan A. Bizzarro Democratic Yea
Scott Conklin Democratic Yea
Steve Samuelson Democratic Yea
Steven R. Malagari Democratic Yea
Tarah Probst Democratic Yea
Tarik Khan Democratic Yea
Tim Brennan Democratic Yea
Tim Briggs Democratic Yea
Tina M. Davis Democratic Yea
Aaron Bernstine Republican Yea
Abby Major Republican Yea
Alec J. Ryncavage Republican Yea
Andrew Kuzma Republican Yea
Ann Flood Republican Yea
Barbara Gleim Republican Yea
Brad Roae Republican Nay
Brett R. Miller Republican Yea
Brian Smith Republican Yea
Bryan Cutler Republican Yea
Bud Cook Republican Yea
Carl Walker Metzgar Republican Yea
Charity Grimm Krupa Republican Yea
Clint Owlett Republican Nay
Craig T. Staats Republican Yea
Craig Williams Republican Yea
Dallas Kephart Republican Nay
Dan Moul Republican Yea
Dane Watro Republican Yea
David H. Rowe Republican Yea
David H. Zimmerman Republican Yea
David M. Maloney Republican Yea
Dawn W. Keefer Republican Yea
Donna Scheuren Republican Yea
Doyle Heffley Republican Yea
Eric Davanzo Republican Yea
Eric R. Nelson Republican Yea
Jack Rader Republican Yea
Jacob D. Banta Republican Nay
James B. Struzzi Republican Yea
Jamie Barton Republican Yea
Jamie L. Flick Republican Yea
Jason Ortitay Republican Nay
Jeff Olsommer Republican Yea
Jesse Topper Republican Yea
Jill N. Cooper Republican Yea
Jim Rigby Republican Yea
Joanne Stehr Republican Yea
Joe Emrick Republican Yea
Joe Hamm Republican Nay
Joe Hogan Republican Yea
Joe Kerwin Republican Not Voting
John A. Lawrence Republican Yea
John A. Schlegel Republican Yea
Jonathan Fritz Republican Yea
Joseph D'Orsie Republican Yea
Joshua D. Kail Republican Yea
Kate A. Klunk Republican Yea
Kathleen C. Tomlinson Republican Yea
Kathy L. Rapp Republican Nay
Keith J. Greiner Republican Yea
Kerry A. Benninghoff Republican Yea
Kristin Marcell Republican Yea
Leslie Rossi Republican Yea
Marci Mustello Republican Yea
Mark M. Gillen Republican Yea
Marla Brown Republican Nay
Martin T. Causer Republican Nay
Martina A. White Republican Yea
Michael Stender Republican Yea
Mike Armanini Republican Nay
Mike Jones Republican Yea
Milou Mackenzie Republican Yea
Mindy Fee Republican Yea
Natalie Mihalek Republican Yea
Parke Wentling Republican Yea
Perry A. Stambaugh Republican Yea
R. Lee James Republican Yea
Rich Irvin Republican Yea
Rob W. Kauffman Republican Yea
Robert Leadbeter Republican Yea
Russ Diamond Republican Yea
Ryan Warner Republican Nay
Shelby Labs Republican Yea
Sheryl M. Delozier Republican Yea
Stephanie Borowicz Republican Nay
Steven C. Mentzer Republican Yea
Thomas H. Kutz Republican Yea
Thomas L. Mehaffie Republican Yea
Tim Twardzik Republican Yea
Timothy J. O'Neal Republican Yea
Timothy R. Bonner Republican Yea
Tina Pickett Republican Nay
Tom Jones Republican Yea
Valerie S. Gaydos Republican Yea
Wendy Fink Republican Yea
Zachary Mako Republican Yea

Official roll call →

A5954

Passed 199 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 96000
Republican 83301
Unaffiliated 20000
Total 199301
% of votes cast 98%1%0%0%
How each member voted (203)
Member Party Vote
P. Sturla — Yea
Aaron Kaufer — Yea
Barry Jozwiak — Yea
Dan Miller — Yea
Donna Oberlander — Yea
George Dunbar — Yea
Jim Gregory — Yea
Jim Marshall — Yea
Joshua Siegel — Yea
Kevin Boyle — Yea
Louis Schmitt — Yea
MACKENZIE, R — Yea
Mark Rozzi — Yea
Matthew Gergely — Yea
Mike Cabell — Yea
Paul Schemel — Yea
Robert W. Mercuri — Yea
Seth Grove — Yea
Stephenie Scialabba — Yea
Torren Ecker — Yea
Abigail Salisbury Democratic Yea
Aerion Abney Democratic Yea
Amen Brown Democratic Yea
Andre D. Carroll Democratic Yea
Anita Astorino Kulik Democratic Yea
Anthony A. Bellmon Democratic Yea
Arvind Venkat Democratic Yea
Ben Waxman Democratic Yea
Benjamin V. Sanchez Democratic Yea
Brandon J. Markosek Democratic Yea
Brian Munroe Democratic Yea
Bridget M. Kosierowski Democratic Yea
Carol Hill-Evans Democratic Yea
Carol Kazeem Democratic Yea
Chris Pielli Democratic Yea
Christina D. Sappey Democratic Yea
Christopher M. Rabb Democratic Yea
Dan Frankel Democratic Yea
Dan K. Williams Democratic Yea
Daniel J. Deasy Democratic Yea
Danielle Friel Otten Democratic Yea
Danilo Burgos Democratic Yea
Darisha K. Parker Democratic Yea
Dave Madsen Democratic Yea
David M. Delloso Democratic Yea
Ed Neilson Democratic Yea
Eddie Day Pashinski Democratic Yea
Elizabeth Fiedler Democratic Yea
Emily Kinkead Democratic Yea
Frank Burns Democratic Yea
G. Roni Green Democratic Yea
Gina H. Curry Democratic Yea
Greg Scott Democratic Yea
Greg Vitali Democratic Yea
Heather Boyd Democratic Yea
Ismail Smith-Wade-El Democratic Yea
Jared G. Solomon Democratic Yea
Jason Dawkins Democratic Yea
Jeanne McNeill Democratic Yea
Jennifer O'Mara Democratic Yea
Jessica Benham Democratic Yea
Jim Haddock Democratic Yea
Jim Prokopiak Democratic Yea
Joanna E. McClinton Democratic Yea
Joe Ciresi Democratic Yea
Joe McAndrew Democratic Yea
Joe Webster Democratic Yea
Johanny Cepeda-Freytiz Democratic Yea
Jordan A. Harris Democratic Yea
Jose Giral Democratic Yea
Joseph C. Hohenstein Democratic Yea
Justin C. Fleming Democratic Yea
Keith S. Harris Democratic Yea
Kristine C. Howard Democratic Yea
Kyle Donahue Democratic Yea
Kyle J. Mullins Democratic Yea
La'Tasha D. Mayes Democratic Yea
Leanne Krueger Democratic Yea
Lindsay Powell Democratic Yea
Lisa A. Borowski Democratic Yea
Liz Hanbidge Democratic Yea
Malcolm Kenyatta Democratic Yea
Mandy Steele Democratic Yea
Manuel Guzman Democratic Yea
Mary Jo Daley Democratic Yea
MaryLouise Isaacson Democratic Yea
Matthew D. Bradford Democratic Yea
Maureen E. Madden Democratic Yea
Melissa Cerrato Democratic Yea
Melissa L. Shusterman Democratic Yea
Michael H. Schlossberg Democratic Yea
Morgan Cephas Democratic Yea
Nancy Guenst Democratic Yea
Napoleon J. Nelson Democratic Yea
Nick Pisciottano Democratic Yea
Pat Gallagher Democratic Yea
Patrick J. Harkins Democratic Yea
Patty Kim Democratic Yea
Paul Friel Democratic Yea
Paul Takac Democratic Yea
Perry S. Warren Democratic Yea
Peter Schweyer Democratic Yea
Regina G. Young Democratic Yea
Rick Krajewski Democratic Yea
Robert E. Merski Democratic Yea
Robert F. Matzie Democratic Yea
Robert Freeman Democratic Yea
Ryan A. Bizzarro Democratic Yea
Scott Conklin Democratic Yea
Steve Samuelson Democratic Yea
Steven R. Malagari Democratic Yea
Tarah Probst Democratic Yea
Tarik Khan Democratic Yea
Tim Brennan Democratic Yea
Tim Briggs Democratic Yea
Tina M. Davis Democratic Yea
Aaron Bernstine Republican Yea
Abby Major Republican Yea
Alec J. Ryncavage Republican Yea
Andrew Kuzma Republican Yea
Ann Flood Republican Yea
Barbara Gleim Republican Yea
Brad Roae Republican Yea
Brett R. Miller Republican Yea
Brian Smith Republican Yea
Bryan Cutler Republican Yea
Bud Cook Republican Yea
Carl Walker Metzgar Republican Yea
Charity Grimm Krupa Republican Yea
Clint Owlett Republican Yea
Craig T. Staats Republican Nay
Craig Williams Republican Yea
Dallas Kephart Republican Yea
Dan Moul Republican Yea
Dane Watro Republican Yea
David H. Rowe Republican Yea
David H. Zimmerman Republican Yea
David M. Maloney Republican Yea
Dawn W. Keefer Republican Yea
Donna Scheuren Republican Yea
Doyle Heffley Republican Yea
Eric Davanzo Republican Yea
Eric R. Nelson Republican Yea
Jack Rader Republican Yea
Jacob D. Banta Republican Yea
James B. Struzzi Republican Yea
Jamie Barton Republican Yea
Jamie L. Flick Republican Yea
Jason Ortitay Republican Yea
Jeff Olsommer Republican Yea
Jesse Topper Republican Yea
Jill N. Cooper Republican Yea
Jim Rigby Republican Yea
Joanne Stehr Republican Yea
Joe Emrick Republican Yea
Joe Hamm Republican Yea
Joe Hogan Republican Yea
Joe Kerwin Republican Not Voting
John A. Lawrence Republican Yea
John A. Schlegel Republican Yea
Jonathan Fritz Republican Yea
Joseph D'Orsie Republican Yea
Joshua D. Kail Republican Yea
Kate A. Klunk Republican Yea
Kathleen C. Tomlinson Republican Yea
Kathy L. Rapp Republican Yea
Keith J. Greiner Republican Yea
Kerry A. Benninghoff Republican Yea
Kristin Marcell Republican Nay
Leslie Rossi Republican Yea
Marci Mustello Republican Yea
Mark M. Gillen Republican Yea
Marla Brown Republican Yea
Martin T. Causer Republican Yea
Martina A. White Republican Yea
Michael Stender Republican Yea
Mike Armanini Republican Yea
Mike Jones Republican Yea
Milou Mackenzie Republican Yea
Mindy Fee Republican Yea
Natalie Mihalek Republican Yea
Parke Wentling Republican Yea
Perry A. Stambaugh Republican Yea
R. Lee James Republican Yea
Rich Irvin Republican Yea
Rob W. Kauffman Republican Yea
Robert Leadbeter Republican Yea
Russ Diamond Republican Yea
Ryan Warner Republican Yea
Shelby Labs Republican Nay
Sheryl M. Delozier Republican Yea
Stephanie Borowicz Republican Yea
Steven C. Mentzer Republican Yea
Thomas H. Kutz Republican Yea
Thomas L. Mehaffie Republican Yea
Tim Twardzik Republican Yea
Timothy J. O'Neal Republican Yea
Timothy R. Bonner Republican Yea
Tina Pickett Republican Yea
Tom Jones Republican Yea
Valerie S. Gaydos Republican Yea
Wendy Fink Republican Yea
Zachary Mako Republican Yea

Official roll call →

Committee vote (Environmental Resources & Energy): Report Bill As Amended

Passed 23 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 2000
Republican 8200
Total 23200
% of votes cast 92%8%0%0%
How each member voted (25)
Member Party Vote
Joshua Siegel — Yea
Paul Schemel — Yea
Abigail Salisbury Democratic Yea
Carol Kazeem Democratic Yea
Chris Pielli Democratic Yea
Danielle Friel Otten Democratic Yea
G. Roni Green Democratic Yea
Greg Vitali Democratic Yea
Joe Webster Democratic Yea
Joseph C. Hohenstein Democratic Yea
Justin C. Fleming Democratic Yea
La'Tasha D. Mayes Democratic Yea
Mandy Steele Democratic Yea
MaryLouise Isaacson Democratic Yea
Paul Takac Democratic Yea
Bud Cook Republican Yea
Dallas Kephart Republican Nay
Jamie Barton Republican Yea
Joe Hamm Republican Yea
Martin T. Causer Republican Yea
Mike Armanini Republican Yea
Parke Wentling Republican Yea
Perry A. Stambaugh Republican Yea
Ryan Warner Republican Yea
Stephanie Borowicz Republican Nay

Official roll call →

Committee vote (Environmental Resources & Energy): Adopt Amendment

Passed 25 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 10000
Unaffiliated 2000
Total 25000
% of votes cast 100%0%0%0%
How each member voted (25)
Member Party Vote
Joshua Siegel — Yea
Paul Schemel — Yea
Abigail Salisbury Democratic Yea
Carol Kazeem Democratic Yea
Chris Pielli Democratic Yea
Danielle Friel Otten Democratic Yea
G. Roni Green Democratic Yea
Greg Vitali Democratic Yea
Joe Webster Democratic Yea
Joseph C. Hohenstein Democratic Yea
Justin C. Fleming Democratic Yea
La'Tasha D. Mayes Democratic Yea
Mandy Steele Democratic Yea
MaryLouise Isaacson Democratic Yea
Paul Takac Democratic Yea
Bud Cook Republican Yea
Dallas Kephart Republican Yea
Jamie Barton Republican Yea
Joe Hamm Republican Yea
Martin T. Causer Republican Yea
Mike Armanini Republican Yea
Parke Wentling Republican Yea
Perry A. Stambaugh Republican Yea
Ryan Warner Republican Yea
Stephanie Borowicz Republican Yea

Official roll call →

Subjects

environment
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Frequently asked questions

Who sponsors HB 2393?
HB 2393 is sponsored by Torren Ecker, Paul Friel (Democratic), Paul Takac (Democratic), Danilo Burgos (Democratic), Barbara Gleim (Republican), Johanny Cepeda-Freytiz (Democratic), Tarah Probst (Democratic), Joe McAndrew (Democratic), Chris Pielli (Democratic), Tarik Khan (Democratic), Scott Conklin (Democratic), Jim Haddock (Democratic), Perry A. Stambaugh (Republican), Tom Jones (Republican), Joe Webster (Democratic), Lisa A. Borowski (Democratic), Mary Jo Daley (Democratic), Greg Scott (Democratic), Thomas H. Kutz (Republican), G. Roni Green (Democratic), Rich Irvin (Republican), Shelby Labs (Republican), Steven R. Malagari (Democratic), David H. Zimmerman (Republican), Benjamin V. Sanchez (Democratic), and Paul Schemel.
What is the current status of HB 2393?
This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2393?
Track HB 2393 free on One Click Politics — get push/email alerts when it moves.

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