THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PILEGGI, YAW, FONTANA, LOGAN, BAKER, ORIE, ALLOWAY, ERICKSON, WOZNIAK, MUSTO, CORMAN, LEACH, WONDERLING, M. WHITE, TARTAGLIONE AND BOSCOLA, MARCH 4, 2009

AS AMENDED ON SECOND CONSIDERATION, JUNE 23, 2009   

AN ACT

Providing for an extension of approvals granted by a government

agency during the period beginning after December 31, 2008,

and ending before July 2, 2011.

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 Development 

Permit Extension Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to then them in this section unless the

<--

context clearly indicates otherwise:

"Approval."  Any government agency approval, license, permit,

certificate, variance, waiver, interpretation, determination,

exemption, exception, no further action letter, agreement or

other authorization or decision:

(1)  allowing a development or construction project to

proceed; or

(2)  relating to or affecting development, granted

pursuant to a statute or regulation, including the following:

(i)  37 Pa.C.S. (relating to historical and museums).

(ii)  53 Pa.C.S. (relating to municipalities

generally).

(iii)  68 Pa.C.S. Pt. II, Subpt. D (relating to

planned communities).

(iv)  The act of June 13, 1836 (P.L.551, No.169),

referred to as the General Road Law.

(v)  The act of April 27, 1927 (P.L.465, No.299),

referred to as the Fire and Panic Act.

(vi)  The act of April 9, 1929 (P.L.177, No.175),

known as The Administrative Code of 1929.

(vii)  The act of June 23, 1931 (P.L.932, No.317),

known as The Third Class City Code.

(viii)  The act of June 24, 1931 (P.L.1206, No.331),

known as The First Class Township Code.

(ix)  The act of May 1, 1933 (P.L.103, No.69), known

as The Second Class Township Code.

(x)  The act of June 22, 1937 (P.L.1987, No.394),

known as The Clean Streams Law.

(xi)  The act of June 1, 1945 (P.L.1242, No.428),

known as the State Highway Law.

(xii)  The act of July 28, 1953 (P.L.723, No.230),

known as the Second Class County Code.

(xiii)  The act of August 9, 1955 (P.L.323, No.130),

known as The County Code.

(xiv)  The act of July 15, 1957 (P.L.901, No.399),

known as the Optional Third Class City Charter Law.

(xv)  The act of May 16, 1923 (P.L.207, No.153),

referred to as the Municipal Claim and Tax Lien Law.

(xvi)  The act of January 24, 1966 (1965 P.L.1535,

No.537), known as the Pennsylvania Sewage Facilities Act.

(xvii)  The act of February 1, 1966 (1965 P.L.1656,

No.581), known as The Borough Code.

(xviii)  The act of July 31, 1968 (P.L.805, No.247),

known as the Pennsylvania Municipalities Planning Code.

(xix)  The act of July 9, 1971 (P.L.206, No.34),

known as the Improvement of Deteriorating Real Property

or Areas Tax Exemption Act.

(xx)  The act of October 4, 1978 (P.L.851, No.166),

known as the Flood Plain Management Act.

(xxi)  The act of November 26, 1978 (P.L.1375,

No.325), known as the Dam Safety and Encroachments Act.

(xxii)  The act of July 7, 1980 (P.L.380, No.97),

known as the Solid Waste Management Act.

(xxiii)  The act of December 20, 2000 (P.L.724,

No.99), known as the Municipal Code and Ordinance

Compliance Act.

(xxiv)  The act of June 22, 2001 (P.L.390, No.29),

known as the Conservation and Preservation Easements Act.

(xxv)  The act of May 16, 2002 (P.L.315, No.46),

known as the Community Services Block Grant Act.

(xxvi)  Soil erosion and sediment control plans

granted by a local soil conservation district under 25

Pa. Code Ch. 102 (relating to erosion and sediment

control).

(xxvii)  The National Historic Preservation Act

(Public Law 89-665, 80 Stat. 915), to the extent the

Commonwealth has been empowered to administer, approve or

otherwise authorize activities under that act.

(xxviii)  The Federal Water Pollution Control Act (62

Stat. 1155, 33 U.S.C. § 1251 et seq.), to the extent the

Commonwealth has been empowered to administer, approve or

otherwise authorize activities under that act.

"Development."  Any of the following:

(1)  The division of a parcel of land into two or more

parcels, including a subdivision as defined in section 107 of

the act of July 31, 1968 (P.L.805, No.247), known as the

Pennsylvania Municipalities Planning Code.

(2)  The construction, reconstruction, conversion,

structural alteration, relocation or enlargement of a

building or other structure or facility.

(3)  Site preparation, including grading, earth moving

activities, demolition and clearance, soil removal, timber

harvesting relocation, excavation, landfill and moving,

depositing or storing soil, rock or earth materials.

(4)  A use or change in the use of a building or other

structure or change in land use.

(5)  Land development as defined in section 107 of the

Pennsylvania Municipalities Planning Code.

"Extension period."  The period beginning after December 31,

2008, and ending before July 2, 2013.

"Government agency."  The Commonwealth, a political

subdivision or an agency, department, commission or board of the

Commonwealth or a political subdivision. The term includes

regional commissions, boards or instrumentalities with the

authority to issue approvals.

Section 3.  Existing approval.

(a)  Automatic suspension.--The expiration date of an

approval by a government agency relating to development that is

granted for or in effect during the extension period, whether

obtained before or after the beginning of the extension period, 

shall be automatically suspended during the extension period.

The automatic suspension of the expiration of an approval under

<--

this section shall not extend the approval for more than six

months beyond the conclusion of the extension period.

(b)  Duration.--Nothing in this section shall shorten the 

term or duration an approval relating to development would have

had in the absence of the enactment of this section. Nothing in

this section shall prohibit the granting of additional

extensions as provided by law.

Section 4.  Subsequent changes.

(a)  Change in law.--A law, regulation or policy enacted or

adopted by a government agency during the extension period shall

not have the effect of prohibiting or limiting an approval

during the extension period.

(b)  Planning code approval.--When an approval has been

granted under section 508 of the act of July 31, 1968 (P.L.805,

No.247), known as the Pennsylvania Municipalities Planning Code,

a subsequent change in a zoning, subdivision or other governing

ordinance or plan shall not apply to or affect the right of the

applicant to commence or complete the activities authorized by

the approval for the duration of the extension period. For

purposes of this subsection, the extension period shall be

extended for the duration of any litigation, including appeals,

relating to an approval which prevents the completion of all or

part of the activity authorized by the approval.

(c)  Nonexpiration.--An action by a government agency or law

to lease, license, grant or otherwise convey rights in the beds

of navigable waters of the Commonwealth shall not expire for the

duration of the extension period, including time limits relating

to the initiation, prosecution or completion of construction. A

conveyance of rights under this subsection shall not terminate

for failure to initiate, prosecute or complete construction.

Section 5.  Agency verification.

(a)  Request for verification.--

(1)  The holder or recipient of an approval may seek

written verification from the issuing government agency for

any of the following:

(i)  The existence of a valid approval.

(ii)  The expiration date of the approval under this

act.

(2)  The request shall set forth the approval in question

and the anticipated expiration date under this act.

(b)  Agency action.--Upon receipt of a request under

subsection (a), the government agency shall respond in writing,

affirming or denying the existence of the approval, its

expiration date and any issues associated with its validity

within 30 days of receipt of the request. Failure to respond

within 30 days shall result in a deemed affirmation of the

existence of the approval and expiration date set forth in the

request submitted under subsection (a). The agency may charge a

fee of not more than $100 for verification of a residential

approval and $500 for verification of a commercial approval

under this subsection.

(c)  Failure to seek affirmation.--The failure of the holder

of an approval to seek verification from a government agency

shall not be grounds for termination, revocation or other

invalidation of an approval.

Section 6.  Applicability.

This act shall not apply to any of the following:

(1)  An approval issued by an agency of the United States

or an approval issued the duration of which is specified or

determined by Federal law or regulation.

(2)  An administrative consent order or other enforcement

action relating to an individual approval that is subject to

the extension period.

(3)  An approval, designation or benefit under the act of

October 6, 1998 (P.L.705, No.92), known as the Keystone

Opportunity Zone, Keystone Opportunity Expansion Zone and

Keystone Opportunity Improvement Zone Act.

(4)  A "One-Call" determination, response or other

requirement under the act of December 10, 1974 (P.L.852,

No.287), referred to as the Underground Utility Line

Protection Law.

(5)  The revocation or modification of an approval or

extension of an approval, when the approval authorizes the

modification or revocation for cause.

(6)  If an approval is based upon the connection to a

sanitary sewer system or water distribution system, the

application of the extension period shall be contingent upon

the availability of sufficient capacity of the system to

accommodate the development that is the subject of the

extended approval. If sufficient capacity is unavailable, the

<--

holder of a permit that is subject to the extension period

shall have at the time it is required to proceed with

<--

development under the approval, priority with regard to

further distribution or allocation of capacity over the

<--

holder of a permit that receives approval after the effective

date of this act shall be established by the date on which

<--

the approval was obtained. Priority relating to distribution

of additional capacity shall be allocated in order of the

granting of the original approval for the connection.

Section 7.  Notice.

Within 30 days of the effective date of this section, each

affected Commonwealth agency shall publish notice of

applicability of the extension period to approvals granted by

the Commonwealth agency under this act in the Pennsylvania

Bulletin.

Section 8.  Miscellaneous.

Nothing in this act shall be construed to modify any

requirement of law that is necessary to retain Federal

delegation to, or assumption by, the Commonwealth of the

authority to implement a Federal law or program.

Section 20.  Effective date.

This act shall take effect in 60 days.