PRINTER'S NO. 715
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
691
Session of
2023
INTRODUCED BY YAW, DUSH AND ARGALL, MAY 5, 2023
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 5, 2023
AN ACT
Amending the act of June 28, 1995 (P.L.89, No.18), entitled "An
act creating the Department of Conservation and Natural
Resources consisting of certain functions of the Department
of Environmental Resources and the Department of Community
Affairs; renaming the Department of Environmental Resources
as the Department of Environmental Protection; defining the
role of the Environmental Quality Board in the Department of
Environmental Protection; making changes to responsibilities
of the State Conservation Commission and the Department of
Agriculture; transferring certain powers and duties to the
Department of Health; and repealing inconsistent acts," in
renaming Department of Environmental Resources and defining
rulemaking authority of Department of Environmental
Protection, repealing provisions relating to Department of
Environmental Protection and providing for Department of
Environmental Services; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 5 heading of the act of June 28, 1995
(P.L.89, No.18), known as the Conservation and Natural Resources
Act, is amended to read:
CHAPTER 5
[RENAMING DEPARTMENT OF ENVIRONMENTAL RESOURCES
AND DEFINING RULEMAKING AUTHORITY OF
DEPARTMENT OF ENVIRONMENTAL PROTECTION]
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DEPARTMENT OF ENVIRONMENTAL SERVICES
Section 2. Section 501 of the act is repealed:
[Section 501. Department of Environmental Protection.
The Department of Environmental Resources is renamed the
Department of Environmental Protection.]
Section 3. The act is amended by adding a section to read:
Section 501.1. Department of Environmental Services.
The Department of Environmental Protection is renamed the
Department of Environmental Services.
Section 4. Sections 503, 504, 507, 508 and 509(a) of the act
are amended to read:
Section 503. Continued authority of Department of Environmental
[Protection] Services, State Conservation Commission
and Department of Agriculture.
(a) Powers and duties.--The Department of Environmental
[Protection] Services shall continue to exercise the same powers
and perform the same duties and functions by law vested in and
imposed upon the Department of Environmental [Resources]
Protection not otherwise amended or transferred by this act to
the Department of Conservation and Natural Resources.
(b) Administrative officers.--All appointive administrative
officers holding office in the Department of Environmental
[Resources] Protection when this act becomes effective shall
continue in office in the Department of Environmental
[Protection] Services until the term for which they were
respectively appointed shall expire or until they shall die,
resign or be removed from office.
(c) Sand and gravel permits.--Section 1808(d) of the act of
April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929, is saved from repeal and the Department of
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Environmental [Protection] Services and Pennsylvania Fish and
Boat Commission shall continue to exercise the rights, powers
and duties thereof, provided that the Pennsylvania Fish and Boat
Commission may, by regulation, with the concurrence of the
Department of Environmental [Protection] Services, adjust the
amount of the royalty payments per ton or cubic foot of usable
and/or merchantable sand and/or gravel.
Section 504. Energy programs.
(a) Building Energy Conservation Act.--The Department of
Environmental [Protection] Services has the powers and duties
previously vested in the Governor's Energy Council by the act of
December 15, 1980 (P.L.1203, No.222), known as the Building
Energy Conservation Act.
(b) Energy Conservation and Assistance Act.--The Department
of Environmental [Protection] Services has the powers and duties
previously vested in the Governor's Energy Council by the act of
July 10, 1986 (P.L.1398, No.122), known as the Energy
Conservation and Assistance Act.
(c) Alternative fuels.--The Department of Environmental
[Protection] Services has the powers and duties previously
vested in the Pennsylvania Energy Office by 75 Pa.C.S. Ch. 72
(relating to alternative fuels).
(d) Other powers and duties transferred.--Any reference to
the Pennsylvania Energy Office in any other act shall be
interpreted to mean the Department of Environmental [Protection]
Services, and any such powers and duties in such acts and other
functions currently performed or administered by the
Pennsylvania Energy Office are hereby transferred to the
Department of Environmental [Protection] Services.
Section 507. Transfer of funds.
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The administration of the following funds or portions of
funds, as may be administered by the Pennsylvania Energy Office,
shall be transferred from the Pennsylvania Energy Office to the
Department of Environmental [Protection] Services:
(1) Energy Conservation and Assistance Fund.
(2) Alternative Fuels Incentive Grant Fund.
(3) All other funds or portions of funds currently
administered by the Pennsylvania Energy Office.
Section 508. Regulations.
Any regulations, guidelines or statements of policy issued by
the Pennsylvania Energy Office for the functions transferred to
the Department of Environmental [Protection] Services shall
remain in effect until such time as the Department of
Environmental [Protection] Services shall determine the need to
amend such regulations, guidelines or statements of policy.
Section 509. Transfer of personnel.
(a) General rule.--Certain personnel, allocations,
appropriations, fixed assets, equipment, files, records,
contracts, agreements, obligations and all other materials and
supplies which are used, employed or expended by the
Pennsylvania Energy Office in connection with the functions
transferred by this act to the Department of Environmental
[Protection] Services in the first instance shall be transferred
from the Pennsylvania Energy Office to the Department of
Environmental [Protection] Services and shall be considered as
if these contracts, agreements and obligations had been incurred
or entered into by the Department of Environmental [Protection]
Services.
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Section 5. This act shall take effect in 60 days.
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