PRIOR PRINTER'S NO. 591
PRINTER'S NO. 1454
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
652
Session of
2023
INTRODUCED BY BULLOCK, KENYATTA, RABB, GUENST, PROBST, HILL-
EVANS, SANCHEZ, PARKER, MADDEN, BURGOS, STURLA, SHUSTERMAN,
KIM, KINKEAD, BENHAM, PISCIOTTANO, INNAMORATO, VITALI,
O'MARA, WAXMAN, YOUNG, PIELLI, STEELE, N. NELSON, KRAJEWSKI,
KINSEY, FIEDLER, CONKLIN, CEPEDA-FREYTIZ, KHAN, HOWARD,
BRIGGS, OTTEN, FRANKEL, SALISBURY, KAZEEM, MAYES, DALEY,
ISAACSON AND BOROWSKI, MARCH 21, 2023
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 6, 2023
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, providing for issuance of permits in
burdened communities.
AMENDING TITLE 27 (ENVIRONMENTAL RESOURCES) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, PROVIDING FOR ISSUANCE OF PERMITS IN
ENVIRONMENTAL JUSTICE AREAS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 43
ISSUANCE OF PERMITS IN BURDENED COMMUNITIES
Sec.
4301. Definitions.
4302. Designation of burdened communities.
4303. Permit process.
4304. Regulations and publication.
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ยง 4301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Burdened community." A census tract, as delineated in the
most recent Federal decennial census, that is ranked in the
bottom 33% of census tracts in this Commonwealth for median
annual household income.
"Cumulative impacts." An exposure, public health or
environmental risk or other effect occurring in a specific
geographical area, including from any environmental pollution
emitted or released routinely, accidentally or otherwise, from
any source, and assessed based on the combined past, present and
reasonably foreseeable emissions and discharges affecting the
geographical area.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Facility." Any of the following:
(1) an electric generating facility with a capacity of
more than 10 megawatts;
(2) a resource recovery facility or incinerator;
(3) a sludge combustor or incinerator;
(4) a sewage treatment plant with a capacity of more
than 50,000,000 gallons per day;
(5) a transfer station, recycling center or other solid
waste facility with a combined monthly volume in excess of 25
tons;
(6) a landfill, including, but not limited to, a
landfill that accepts ash, construction or demolition debris
or solid waste;
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(7) a medical waste incinerator; or
(8) a major source of air pollution as defined in 42
U.S.C. ยง 7412 (relating to hazardous air pollutants).
"Permit." A permit, registration or license issued by the
department establishing the regulatory and management
requirements for an ongoing regulated activity as authorized by
Federal or State law.
ยง 4302. Designation of burdened communities.
(a) List of burdened communities.--No later than 120 days
after the effective date of this section, the department, in
consultation with the Secretary of the Commonwealth, shall adopt
a list of burdened communities in this Commonwealth. The
department shall update the list of burdened communities
periodically as new data on median annual household income
becomes available and after each Federal decennial census is
officially reported as required by Federal law .
(b) Representative of burdened community.--No later than 60
days after a burdened community is designated under subsection
(a), the governing body of a municipality in which a burdened
community is located, in consultation with appropriate community
groups, shall designate a representative of the burdened
community.
ยง 4303. Permit process.
(a) Granting of permits.--Beginning 180 days after the
effective date of this section, the department may not grant a
permit for a new facility or for the expansion of an existing
facility located in whole or in part in a burdened community
unless the permit applicant first:
(1) Prepares a report assessing the environmental impact
of the proposed new facility or expansion of an existing
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facility, including cumulative impacts on the burdened
community, adverse environmental effects that cannot be
avoided should the permit be granted and the public health
impact on the burdened community.
(2) Transmits the report required to be prepared under
paragraph (1) at least 30 days prior to the public hearing
required under paragraph (3) to the department, the governing
body and the clerk of the municipality in which the burdened
community is located and the designated representative of the
burdened community. The report shall be made available to the
public at least 30 days prior to the public hearing required
under paragraph (3).
(3) Organizes and conducts a public hearing in a
location as convenient as possible to all interested parties.
The permit applicant shall publish public notices of the
hearing in at least two newspapers circulating within the
burdened community not less than 21 days prior to the
hearing. At least 14 days prior to the date set for the
hearing, a copy of the public notice shall be sent to the
department, the governing body and the clerk of the
municipality in which the burdened community is located and
the designated representative of the burdened community.
(b) Public hearing.--At a public hearing, the permit
applicant shall provide clear, accurate and complete information
about the proposed new facility or expansion of an existing
facility and the potential environmental and health impacts of
the new or expanded facility. The hearing shall provide an
opportunity for meaningful public participation by residents of
the burdened community. Following the public hearing, the
department shall consider the testimony presented and evaluate
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revisions or conditions to the permit that may be necessary to
reduce the adverse impact to the public health or the
environment in the burdened community.
(c) Decision by department.--The department may not issue a
decision on the permit application until at least 60 days after
a public hearing. Notwithstanding the provisions of any other
law, the department may deny a permit application in a burdened
community upon a finding that the approval of the permit would,
together with the cumulative impacts posed by the existing
conditions, including conditions resulting from permitted
activities, constitute an unreasonable risk to the health of the
residents and the environment of the burdened community. The
following shall apply:
(1) The department, when evaluating an application for a
permit under this section, shall assess the community support
for the proposed new facility or expansion of an existing
facility as demonstrated through the public hearing conducted
under subsection (b), letters of support for or opposition to
the proposed new or expanded facility and any ordinance or
resolution adopted by the governing body of the municipality
in which the burdened community is located. The department
shall consider community support or the lack of community
support in the department's decision to grant or deny a
permit.
(2) If a permit applicant is applying for more than one
permit for a proposed new facility or expansion of an
existing facility, the permit applicant shall only be
required to comply with the provisions of this section once,
unless the department, in its discretion, determines that
more than one public hearing is necessary due to the
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complexity of the proposed new or expanded facility. Nothing
in this section shall be construed to limit the authority of
the department to hold or require additional public hearings
as may be required by any other law.
ยง 4304. Regulations and publication.
(a) Promulgation.--The department shall promulgate rules and
regulations to implement the provisions of this chapter.
(b) Publication of permits.--The department shall publish
all permits granted under this chapter, along with any guidance
documents, on its publicly accessible Internet website.
Section 2. This act shall take effect immediately.
SECTION 1. TITLE 27 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 43
ISSUANCE OF PERMITS IN ENVIRONMENTAL JUSTICE AREAS
SEC.
4301. LEGISLATIVE FINDINGS AND PURPOSE.
4302. DEFINITIONS.
4303. DESIGNATION OF ENVIRONMENTAL JUSTICE AREAS.
4304. PERMIT PROCESS.
4305. REGULATIONS AND PUBLICATION.
ยง 4301. LEGISLATIVE FINDINGS AND PURPOSE.
THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
(1) LOW-INCOME, LOW-WEALTH COMMUNITIES AND COMMUNITIES
OF COLOR HAVE HISTORICALLY BORNE AND CURRENTLY BEAR A
DISPROPORTIONATE SHARE OF ENVIRONMENTAL DEGRADATION.
(2) THE DEPARTMENT OF ENVIRONMENTAL PROTECTION IS THE
AGENCY CHARGED WITH ADMINISTERING THE LAWS AND REGULATIONS IN
THIS COMMONWEALTH TO PREVENT AND REMEDY ENVIRONMENTAL
DEGRADATION AND IS ONE OF THE AGENCIES CHARGED WITH
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CONSERVING, MAINTAINING AND RESTORING THIS COMMONWEALTH'S
PUBLIC NATURAL RESOURCES.
(3) SECTION 27 OF ARTICLE I OF THE CONSTITUTION OF
PENNSYLVANIA RECOGNIZES THAT ALL THE PEOPLE OF PENNSYLVANIA
HAVE INALIENABLE ENVIRONMENTAL RIGHTS AND THAT THE
COMMONWEALTH GOVERNMENT IS THE TRUSTEE OF THE COMMONWEALTH'S
PUBLIC NATURAL RESOURCES.
(4) ALL INDIVIDUALS IN PENNSYLVANIA SHOULD BE ABLE TO
LIVE IN AND ENJOY A CLEAN AND HEALTHY ENVIRONMENT THAT
INCLUDES OUTDOOR SPACES, ACCESS TO CLEAN ENERGY RESOURCES,
ACCESS TO PUBLIC LANDS AND PUBLIC NATURAL RESOURCES.
(5) THE ELIMINATION AND RESTORATION OF DISPROPORTIONATE
ENVIRONMENTAL DEGRADATION IS RECOGNIZED AS BEING DIRECTLY
RELATED TO THE ECONOMIC VITALITY OF THIS COMMONWEALTH.
ยง 4302. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"CUMULATIVE ENVIRONMENTAL IMPACTS." THE TOTALITY OF EXISTING
AND IMMINENT ENVIRONMENTAL IMPACTS AND POLLUTION IN A DEFINED
GEOGRAPHIC AREA, TO LAND, WATERS OF THIS COMMONWEALTH OR AMBIENT
AIR, AND REGARDLESS OF WHETHER THE POLLUTION HAS BEEN AUTHORIZED
UNDER THE LAWS OF THIS COMMONWEALTH.
"DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF
THE COMMONWEALTH.
"ENVIRONMENTAL JUSTICE AREA." A GEOGRAPHIC AREA
CHARACTERIZED BY INCREASED POLLUTION BURDEN AND VULNERABLE
POPULATIONS BASED ON DEMOGRAPHIC, ECONOMIC, HEALTH AND
ENVIRONMENTAL DATA.
"FACILITY." THE SITE OF ANY DEPARTMENT-REGULATED ACTIVITY
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THAT MAY LEAD TO SIGNIFICANT PUBLIC CONCERN DUE TO POTENTIAL
IMPACTS ON HUMAN HEALTH AND THE ENVIRONMENT. THE TERM INCLUDES,
BUT SHALL NOT BE LIMITED TO, SITES THAT INVOLVE THE FOLLOWING:
(1) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMITS AT INDUSTRIAL WASTEWATER FACILITIES THAT
DISCHARGE AT OR ABOVE 50,000 GALLONS PER DAY.
(2) AIR PERMITS FOR ANY NEW MAJOR SOURCE OF HAZARDOUS
AIR POLLUTANTS OR CRITERIA POLLUTANTS.
(3) AIR PERMITS FOR ANY MAJOR MODIFICATION OF A MAJOR
SOURCE THAT ARE SUBJECT TO PREVENTION OF SIGNIFICANT
DETERIORATION OR NONATTAINMENT NEW SOURCE REVIEW.
(4) WASTE PERMITS INVOLVING A COMBINED MONTHLY VOLUME IN
EXCESS OF 25 TONS, OR ANY MAJOR MODIFICATION OF WASTE
PERMITS, INCLUDING CHANGES THAT RESULT IN AN INCREASE IN
CAPACITY OR A FACILITY EXPANSION, FOR LANDFILLS, COMMERCIAL
HAZARDOUS WASTE TREATMENT FACILITIES, STORAGE OR DISPOSAL
FACILITIES AND OTHER DISPOSAL FACILITIES, INCLUDING, BUT NOT
LIMITED TO, A LANDFILL THAT ACCEPTS ASH, CONSTRUCTION OR
DEMOLITION DEBRIS, MEDICAL WASTE OR SOLID WASTE, TRANSFER
STATIONS, RECYCLING CENTERS, COMMERCIAL INCINERATORS AND
OTHER WASTE PROCESSING FACILITIES.
(5) MINING PERMITS FOR BITUMINOUS AND ANTHRACITE
UNDERGROUND MINES, BITUMINOUS AND ANTHRACITE SURFACE MINES,
LARGE INDUSTRIAL MINERAL SURFACE AND UNDERGROUND MINES, COAL
REFUSE DISPOSAL, COAL REFUSE REPROCESSING, LARGE COAL
PREPARATION FACILITY OR ANY REVISION OF PERMITS UNDER THIS
PARAGRAPH THAT INVOLVE ADDITIONAL ACREAGE FOR MINERAL REMOVAL
OR USE OF BIOSOLIDS FOR RECLAMATION.
(6) AN INDIVIDUAL PERMIT FOR A LAND APPLICATION OF
BIOSOLIDS.
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(7) CONCENTRATED ANIMAL FEEDING OPERATIONS THAT ARE NEW
OR EXPANDED OPERATIONS OF GREATER THAN 1,000 ANIMAL
EQUIVALENT UNITS (AEUS), CONCENTRATED ANIMAL OPERATION OF
GREATER THAN 300 AEUS IN A SPECIAL PROTECTION WATERSHED OR A
CONCENTRATED ANIMAL OPERATION WITH DIRECT DISCHARGE TO
SURFACE WATERS.
(8) AN ELECTRIC GENERATING FACILITY WITH A CAPACITY OF
MORE THAN 10 MEGAWATTS.
(9) A SEWAGE TREATMENT PLANT WITH A CAPACITY OF MORE
THAN 50,000,000 GALLONS PER DAY.
(10) UNDERGROUND INJECTION CONTROL WELLS ASSOCIATED WITH
OIL AND GAS DEVELOPMENT.
(11) OTHER FACILITIES AS DESIGNATED BY THE ENVIRONMENTAL
QUALITY BOARD THROUGH REGULATIONS UNDER THIS CHAPTER.
"PERMIT." A PERMIT, APPROVAL OF COVERAGE UNDER A GENERAL
PERMIT, REGISTRATION OR OTHER AUTHORIZATION ISSUED BY THE
DEPARTMENT ESTABLISHING THE REGULATORY AND MANAGEMENT
REQUIREMENTS FOR A REGULATED ACTIVITY AS AUTHORIZED BY FEDERAL
OR STATE LAW.
ยง 4303. DESIGNATION OF ENVIRONMENTAL JUSTICE AREAS.
(A) METHOD.--THE METHODS TO IDENTIFY AN ENVIRONMENTAL
JUSTICE AREA SHALL BE DETERMINED AND REGULARLY REVIEWED BY THE
DEPARTMENT.
(B) DESIGNATION.--NO LATER THAN 120 DAYS AFTER THE EFFECTIVE
DATE OF THIS SECTION, THE DEPARTMENT SHALL DESIGNATE AND MAKE
PUBLICLY AVAILABLE ENVIRONMENTAL JUSTICE AREAS IN THIS
COMMONWEALTH. THE DEPARTMENT SHALL UPDATE ENVIRONMENTAL JUSTICE
AREA DESIGNATION EVERY THREE YEARS.
ยง 4304. PERMIT PROCESS.
(A) DEPARTMENT ACTION ON PERMIT APPLICATIONS FOR FACILITIES
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IN ENVIRONMENTAL JUSTICE AREAS.--BEGINNING 180 DAYS AFTER THE
EFFECTIVE DATE OF THIS SECTION, PRIOR TO THE DEPARTMENT TAKING
AN ACTION ON AN APPLICATION FOR A NEW FACILITY OR FOR THE
EXPANSION OF AN EXISTING FACILITY, LOCATED IN WHOLE OR IN PART
IN AN ENVIRONMENTAL JUSTICE AREA:
(1) THE PERMIT APPLICANT MUST PREPARE AND SUBMIT WITH
THE APPLICATION FOR FACILITY PERMIT OR OTHER AUTHORIZATION, A
CUMULATIVE ENVIRONMENTAL IMPACT REPORT ASSESSING THE
ENVIRONMENTAL IMPACT OF THE PROPOSED NEW FACILITY OR
EXPANSION OF AN EXISTING FACILITY, TOGETHER WITH THE
CUMULATIVE IMPACTS ON THE ENVIRONMENTAL JUSTICE AREA, AND THE
ADVERSE ENVIRONMENTAL EFFECTS THAT CANNOT BE AVOIDED OR
MITIGATED SHOULD THE PERMIT BE GRANTED.
(2) UNLESS A PUBLIC HEARING IS OTHERWISE REQUIRED BY THE
ENVIRONMENTAL LAWS AND REGULATIONS FOR THE PERMIT OR
AUTHORIZATION:
(I) THE DEPARTMENT MUST ORGANIZE AND CONDUCT A
PUBLIC HEARING IN A LOCATION AS CONVENIENT AS POSSIBLE TO
ALL INTERESTED PARTIES AND PUBLISH PUBLIC NOTICES OF THE
HEARING IN AT LEAST TWO NEWSPAPERS CIRCULATING WITHIN THE
ENVIRONMENTAL JUSTICE AREA AND ON THE DEPARTMENT'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE NOT LESS THAN 21
DAYS PRIOR TO THE HEARING.
(II) AT LEAST 14 DAYS PRIOR TO THE DATE SET FOR THE
HEARING, A COPY OF THE PUBLIC NOTICE SHALL BE SENT TO THE
CLERK OF THE MUNICIPALITY IN WHICH THE ENVIRONMENTAL
JUSTICE AREA IS LOCATED.
(III) AT A PUBLIC HEARING, THE PERMIT APPLICANT
SHALL PROVIDE CLEAR, ACCURATE AND COMPLETE INFORMATION
ABOUT THE PROPOSED NEW FACILITY OR EXPANSION OF AN
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EXISTING FACILITY AND THE POTENTIAL ENVIRONMENTAL AND
HEALTH IMPACTS OF THE NEW OR EXPANDED FACILITY. THE
HEARING SHALL PROVIDE AN OPPORTUNITY FOR MEANINGFUL
PUBLIC PARTICIPATION BY RESIDENTS OF THE ENVIRONMENTAL
JUSTICE AREA.
(IV) FOLLOWING THE PUBLIC HEARING, THE DEPARTMENT
SHALL CONSIDER THE TESTIMONY PRESENTED AND EVALUATE
REVISIONS OR CONDITIONS TO THE PERMIT THAT MAY BE
NECESSARY TO REDUCE THE ADVERSE IMPACT TO THE PUBLIC
HEALTH OR THE ENVIRONMENT IN THE ENVIRONMENTAL JUSTICE
AREA.
(B) DECISION BY DEPARTMENT.--THE DEPARTMENT MAY NOT ISSUE A
DECISION ON THE PERMIT APPLICATION UNTIL AT LEAST 60 DAYS AFTER
A PUBLIC HEARING.
(C) ADDITIONAL REQUIREMENTS.--NOTWITHSTANDING THE PROVISIONS
OF ANY OTHER LAW, THE DEPARTMENT MAY REQUIRE ADDITIONAL
CONDITIONS OR MITIGATION MEASURES OR MAY DENY A PERMIT
APPLICATION IN AN ENVIRONMENTAL JUSTICE AREA BASED ON THE
CUMULATIVE ENVIRONMENTAL IMPACTS.
(D) PUBLICATION.--THE APPLICANT SHALL PROVIDE COPIES OF
APPLICATIONS FOR A PERMIT FOR A FACILITY LOCATED IN WHOLE OR IN
PART IN AN ENVIRONMENTAL JUSTICE AREA TO THE CLERK OF THE
MUNICIPALITY IN WHICH THE ENVIRONMENTAL JUSTICE AREA IS LOCATED,
WHO MAY RECOMMEND TO THE DEPARTMENT CONDITIONS UPON, REVISIONS
TO OR DISAPPROVAL OF THE PERMIT ONLY IF SPECIFIC CAUSE IS
IDENTIFIED. IF THE DEPARTMENT OVERRIDES A MUNICIPAL
RECOMMENDATION, THE DEPARTMENT SHALL BE REQUIRED TO TRANSMIT
NOTICE TO THE LEGISLATIVE REFERENCE BUREAU FOR PUBLICATION IN
THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA BULLETIN THE
DEPARTMENT'S JUSTIFICATION FOR OVERRIDING THE MUNICIPALITY'S
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RECOMMENDATIONS. IF THE DEPARTMENT DOES NOT RECEIVE COMMENTS
WITHIN 60 DAYS OF RECEIPT OF THE APPLICATIONS FROM THE PERMIT
APPLICANT BY THE CLERK OF THE MUNICIPALITY, THE MUNICIPALITY
SHALL BE DEEMED TO HAVE WAIVED THE MUNICIPALITY'S RIGHT TO
REVIEW.
(E) CONSTRUCTION.--THE PROVISIONS OF THIS SECTION SHALL BE
IN ADDITION TO ALL REQUIREMENTS UNDER ANY APPLICABLE
ENVIRONMENTAL LAW.
ยง 4305. REGULATIONS AND PUBLICATION.
(A) PROMULGATION.--THE DEPARTMENT AND ENVIRONMENTAL QUALITY
BOARD SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS CHAPTER.
(B) PUBLICATION OF PERMITS.--IN ADDITION TO PUBLICATION
REQUIREMENTS UNDER LAW AND REGULATION, THE DEPARTMENT SHALL
PUBLISH ALL PERMITS GRANTED UNDER THIS CHAPTER, ALONG WITH ANY
GUIDANCE DOCUMENTS, ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.
SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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