PRINTER'S NO. 72
No. 74 Session of 1997
INTRODUCED BY HOLL, JANUARY 17, 1997
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 17, 1997
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," imposing a limitation on
21 the powers of the Department of Environmental Protection;
22 requiring the Department of Environmental Protection to make
23 certain documents public; and further providing for the
24 Environmental Quality Board.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
28 as The Administrative Code of 1929, is amended by adding
1 sections to read:
2 Section 1901-A.1 Limitation on Powers.--(a) Notwithstanding
3 any other provision of this act or any other act, the Department
4 of Environmental Protection shall not have the power to engage
5 in policymaking, except through the procedure contained in the
6 act of July 31, 1968 (P.L.769, No.240), referred to as the
7 Commonwealth Documents Law and the act of June 25, 1982
8 (P.L.633, No.181), known as the Regulatory Review Act. Any
9 policy made in violation of this section shall be void ab
10 initio.
11 (b) As used in this section, "policymaking" means
12 establishing strategies, decision rules, technical
13 specifications and other guidelines designed to implement,
14 interpret and enforce statutes or regulations administered by
15 the Department of Environmental Protection.
16 Section 1901-A.2. Public Access to Written Policies and
17 Related Documents.--The Department of Environmental Protection
18 shall make available to the public the written policies,
19 procedures, practices, guidance, decision rules, guidelines,
20 technical standards and specifications it uses to implement,
21 interpret and enforce regulations and statutes administered by
22 the department and to clarify permit, inspection and operational
23 requirements and enforcement and penalty policies. These
24 documents shall include guidance and policies given to
25 department staff on implementation of statutes and programs and
26 letters interpreting policies and regulations of the department.
27 Section 2. Section 1920-A(e) of the act, added December 3,
28 1970 (P.L.834, No.275), is amended to read:
29 Section 1920-A. Environmental Quality Board.--* * *
30 (e) The board shall receive and review reports from the
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1 Department of Environmental [Resources and shall advise the
2 Department and the Secretary of Environmental Resources on
3 matters of policy.] Protection.
4 * * *
5 Section 3. This act shall take effect immediately.
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