Trial Engrossment of Amendment A04032 to House Bill 1166 P.N. 2742, Regular Session 2023-2024

A04032

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

AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND

ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 19, 2024

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).

"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.

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

adopt a model municipal ordinance published under subsection (d)

(4) IN ACCORDANCE WITH THE PROVISIONS OF SECTION 3.

(B) JURISDICTION.--A MUNICIPALITY ADOPTING AN ORDINANCE

UNDER SUBSECTION (A) HAS JURISDICTION CONCURRENT WITH THE

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DEPARTMENT TO ENFORCE THIS ACT, PROVIDED THAT THE ORDINANCE IS

AT LEAST AS STRINGENT AS THE MODEL ORDINANCE UNDER SUBSECTION

(D) the same as the final municipal ordinance published under

subsection (d)(4).

AN ORDINANCE UNDER THIS SECTION a final municipal ordinance

published under subsection (d)(4) 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.

(d) Model ordinance.--The following shall apply:

(1) The department may draft a preliminary model

municipal ordinance for any municipality that opts to enforce

the provisions of this act.

(2) Upon the drafting of a preliminary model municipal

ordinance under paragraph (1), the department shall transmit

a copy of the preliminary model municipal ordinance to the

Senate and the House of Representatives.

(3) Upon the adoption of a resolution approving the

preliminary model municipal ordinance by the Senate and the

House of Representatives, the department shall transmit

notice that the preliminary model municipal ordinance has

been adopted as a final model municipal ordinance to the

Legislative Reference Bureau.

(4) Upon receipt of a notice under paragraph (3), the

Legislative Reference Bureau shall publish the final model

municipal ordinance in the next available issue of the

Pennsylvania Bulletin.

Section 5. Fund.

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(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.

(b) Rules and regulations.--As follows:

(1) Except as provided under paragraph (2), 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.

(2) The department may not adopt or promulgate any rules

or regulations under paragraph (1) if the Senate or the House

of Representatives have adopted a resolution disapproving the

proposed rules or regulations.

Section 7. Effective date.

This act shall take effect in 60 days.

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