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Pennsylvania State Senate
12/27/2024 07:09 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20250&chamber=S&cosponId=43378
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Senate of Pennsylvania
Session of 2025 - 2026 Regular Session

MEMORANDUM

Posted: December 2, 2024 09:20 AM
From: Senator Camera Bartolotta
To: All Senate members
Subject: EHB Permit Appeals
 
In the near future, I plan to reintroduce a two bill package that amends the Environmental Hearing Board Act of 1988. This bill package will be similar to Senate Bills 198 and 199 from the previous legislative session.

Please join me to cosponsor these important measures which are intended to improve the quality of permits issued and the process for appeals through the Environmental Hearing Board in Pennsylvania



Document #1

Description: The first piece of legislation will provide more clarity regarding permit appeals from decisions made by the Department of Environmental Protection (DEP).  It resembles SB 198 from last Session.   All interested parties will continue to be afforded the opportunity to comment on the permit application and the DEP will review these comments as part of its decision-making process. The DEP’s decision to issue or deny the permit will be based on the record developed. The difference now reflected in the legislation is that the standard for review by the Environmental Hearing Board shall be exclusively limited to the record of decision. Presently, appeals from all DEP decisions, including permit decisions, are subject to “de novo” review by the Board. 

As a result of this legislation, the issued permits will be a better crafted product and companies will have confidence knowing their permits have been written to address any substantial, relevant questions pertaining to regulatory criteria raised during the public comment period.
 

Document #2

Description: The second piece of legislation will require judges who desire to stay on for more than one term to be reconfirmed by the Senate after their term expires.  This mirrors SB 199 from last Session.

Members to the Environmental Hearing Board were not intended to be lifetime appointments. While the current law states that members should serve six year terms, we have members who are currently serving 25 years. Moreover, these members have not been subject to the reappointment and confirmation process through the Senate. This legislation is about restoring accountability and integrity to the process.