A03651
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1166
Session of
2023
INTRODUCED BY STEELE, PISCIOTTANO, MADDEN, SANCHEZ, PROBST,
HILL-EVANS, SAPPEY, FLEMING, RABB, INNAMORATO, SHUSTERMAN,
McNEILL, KINKEAD, BOROWSKI, KIM, KHAN AND PIELLI,
MAY 18, 2023
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MAY 18, 2023
AN ACT
Providing for restrictions on the sale and application of high-
PAH sealants; establishing the Safer Sealant Fund; imposing
duties on the Department of Environmental Protection; and
imposing penalties.
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 Safer Sealant
Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Fund." The Safer Sealant Fund established under section
5(a).
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"High-PAH sealant." A sealant product containing more than
0.1% polycyclic aromatic hydrocarbons by weight.
"Municipality." A county, city, borough, incorporated town
or township.
Section 3. Restrictions on use of high-PAH sealants.
(a) Prohibitions.--A person may not:
(1) Supply, As of January 1, 2025, supply, sell or offer
for sale a high-PAH sealant for application to a driveway or
parking area.
(2) Apply As of January 1, 2026, apply or solicit the
application of a high-PAH sealant to a driveway or parking
area.
(b) Civil penalty.--A person violating subsection (a) shall
be subject to a civil penalty not exceeding $2,500 for each
violation.
(c) Separate violations.--Each day in which a violation
under this section occurs shall be deemed a separate violation
for the purpose of calculating civil penalties.
Section 4. Municipal ordinances.
A municipality may enact an ordinance relating to prohibiting
the supply of, sale of, offer to sell, application of or
solicitation to apply a high-PAH sealant to a driveway or
parking area if the ordinance is at least as stringent as, and
not in conflict with, the provisions of this act.
Section 4. Municipal ordinances.
(a) General rule.--A municipality may enact an ordinance in
accordance with the provisions of section 3.
(b) Jurisdiction.--A municipality adopting an ordinance
under subsection (a) has jurisdiction concurrent with the
department to enforce this act, provided that the ordinance is
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at least as stringent as the model ordinance under subsection
(d).
(c) Collection of civil penalties.--A municipality enforcing
an ordinance under this section may collect and use a civil
penalty associated with violations in section 3(a).
(d) Model ordinance.--The department shall draft a model
municipal ordinance for any municipality that opts to enforce
the provisions of this act.
Section 5. Fund.
(a) Establishment.--The Safer Sealant Fund is established
within the State Treasury which, along with interest earned,
shall be administered by the department to further the purposes
of this act.
(b) Deposits.--Civil penalties paid collected by the
department under this act shall be deposited into the fund.
Section 6. Administration.
(a) Enforcement.--The department shall enforce the
provisions of this act.
(b) Rules and regulations.--The department shall adopt or
promulgate any rules or regulations necessary for the
administration of this act, including the use and disbursement
of money from the fund.
Section 7. Effective date.
This act shall take effect in 60 days.
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