HB 1107 — An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, establishing the Pennsylvania Permitting Commission and providing for its powers and duties.

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25061107 THE2019 GENERALINTRODUCED ASSEMBLYBY OFO'NEAL, PENNSYLVANIATURZAI, HOUSEKAUFER, BILLMIHALEK, SessionKAIL, FRITZ, TOOHIL, NELSON, PUSKARIC, GILLESPIE, GREINER, ROTHMAN, BERNSTINE, MOUL, KAUFFMAN, CAUSER, DUNBAR, ZIMMERMAN, OWLETT AND SCHMITT, APRIL 29, 2019 REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 29, 2019 AN ACT Amending Title 27 (Environmental Resources) of No.the Pennsylvania Consolidated Statutes, establishing the Pennsylvania Permitting Commission and providing for its powers and duties.

1107 2019 INTRODUCED BY O'NEAL, TURZAI, KAUFER, MIHALEK, KAIL, FRITZ, TOOHIL, NELSON, PUSKARIC, GILLESPIE, GREINER, ROTHMAN, BERNSTINE, MOUL, KAUFFMAN, CAUSER, DUNBAR, ZIMMERMAN, OWLETT, SCHMITT, MILLARD, GLEIM, HERSHEY, GILLEN, STRUZZI, EVERETT, TOPPER, ORTITAY, RADER, SANKEY, WARNER, REESE, RYAN, DIAMOND, MARSHALL, PICKETT, ECKER, LEWIS, WALSH, DOWLING, M.

K.

KELLER, GABLER, DAY, MASSER, RIGBY, HEFFLEY, SCHEMEL, B.

MILLER, TOBASH AND BENNINGHOFF, APRIL 29, 2019 AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 18, 2019 AN ACT Amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, establishing the Pennsylvania Permitting Commission and providing for its powers and duties.

20190HB1107PN2506 - 2 - 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:

20190HB1107PN1600 - 2 - "Commission." The Pennsylvania Permitting Commission established in this chapter.

20190HB1107PN2506 - 3 - "Local government." A county, city, borough, incorporated town or township of this Commonwealth.

"Permit by rule" or "plan approval by rule." An alternative 20190HB1107PN1600 - 3 - to an individual permit, general permit or general plan approval otherwise required by an environmental law or laws, by which a person is deemed to have an individual permit or coverage or authorization to proceed under a general permit or general plan approval through the issuance of a regulation to engage in a category of activities, without the necessity of applying for an individual permit or for coverage or authorization to proceed under a general permit or general plan approval, provided that the person complies with the conditions in the regulation.

At least two members shall be 20190HB1107PN2506 - 4 - professional engineers licensed by the Commonwealth.

(2) No person may serve as a member who occupies an official relation to a business or entity engaged in an 20190HB1107PN1600 - 4 - activity regulated by the department or who holds any other appointive or elected office of the Commonwealth or political subdivision thereof.

(g) Quorum.-- 20190HB1107PN2506 - 5 - (1) A majority of the members of the commission serving in accordance with law shall constitute a quorum and the majority, acting unanimously, shall be required for any 20190HB1107PN1600 - 5 - action, including the making of an order or the ratification of an act done or order made by one or more members of the commission.

(h) Compensation.--The executive committee BOARD as <-- established in the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, shall establish the compensation of the members.

20190HB1107PN2506 - 6 - (3) Develop simplified application and permit and plan approval forms for permits and plan approvals necessary to engage in activities regulated by the department.

20190HB1107PN1600 - 6 - (4) Promulgate regulations allowing for permits by rule.

(d) Transfer of resources.-- (1) All allocations, appropriations, equipment, files, records, contracts, agreements, obligations and other material which are used, employed or expended in connection with the powers, duties or functions of the department relating to the issuance, modification, renewal or transfer of an individual permit or coverage or authorization to proceed under a general permit or plan approval are transferred to the commission with the same force and effect as if the appropriations had been made to and the items had been the property of the commission in the first instance and 20190HB1107PN2506 - 7 - as if the contracts, agreements and obligations had been incurred or entered into by the commission.

(2) The appropriations, equipment and other items and 20190HB1107PN1600 - 7 - material transferred by this section shall include Federal grants and funds and other benefits from any Federal program.

(e) Displaced employees.-- (1) The department shall provide the board COMMISSION <-- with a list of the department's displaced employees.

(2) The board COMMISSION shall interview displaced <-- employees interested in employment with the board COMMISSION <-- prior to interviewing other candidates.

(g) Cooperation.--The department shall cooperate with the commission and other Commonwealth agencies in order to facilitate the orderly transition of duties specified in this section no later than one year from the date of the appointment and confirmation of all commission members under section 904(b) 20190HB1107PN2506 - 8 - (relating to Pennsylvania Permitting Commission), including cooperation to secure any necessary Federal approvals.

20190HB1107PN1600 - 8 - (a) Authority.--The commission may formulate, adopt, promulgate and repeal such regulations as are necessary to carry out the commission's duties specified in this chapter.

Eighteen months after the effective date of this section and every year on that date thereafter, the commission shall issue a report to the Governor and each member of the General Assembly 20190HB1107PN2506 - 9 - on the general operation of the commission and the effectiveness of its operations, including, but not limited to, the timeliness of permitting and plan approval decisions, the effectiveness of 20190HB1107PN1600 - 9 - its electronic permitting and plan approval system and any other information the commission deems necessary and appropriate.

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