Bill Text: PA HB2304 | 2009-2010 | Regular Session | Introduced

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Bill Title: Prohibiting the Department of Environmental Protection and the Environmental Quality Board from promulgating rules and regulations under certain acts.

Spectrum: Strong Partisan Bill (Republican 37-3)

Status: (Introduced - Dead) 2010-03-09 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB2304 Detail]

Download: Pennsylvania-2009-HB2304-Introduced.html

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PRINTER'S NO. 3304
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2304 Session of2010
INTRODUCED BY CAUSER, HUTCHINSON, S. H. SMITH, TURZAI, BENNINGHOFF, BOYD, CREIGHTON, CUTLER, FAIRCHILD, FLECK, GABLER, GEIST, GINGRICH, GODSHALL, HALUSKA, HARRIS, HENNESSEY, HESS, M. KELLER, MAJOR, METCALFE, MILLARD, MILLER, MOUL, OBERLANDER, PICKETT, PYLE, RAPP, REED, REESE, REICHLEY, ROAE, ROHRER, SIPTROTH, SONNEY, STERN, STEVENSON, SWANGER AND TALLMAN, MARCH 9, 2010
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 9, 2010
AN ACT
Prohibiting the Department of Environmental Protection and the
Environmental Quality Board from promulgating rules and
regulations under certain acts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Rules and regulations prohibited.
(a) General rule.--Notwithstanding any other provision of
law to the contrary, neither the Department of Environmental
Protection nor the Environmental Quality Board may promulgate
rules or regulations under the following acts:
(1) The act of June 22, 1937 (P.L.1987, No.394), known
as The Clean Streams Law.
(2) The act of May 31, 1945 (P.L.1198, No.418), known as
the Surface Mining Conservation and Reclamation Act.
(3) The act of January 8, 1960 (1959 P.L.2119, No.787),
known as the Air Pollution Control Act.
(4) The act of July 7, 1980 (P.L.380, No.97), known as
the Solid Waste Management Act.
(5) The act of December 19, 1984 (P.L.1140, No.223),
known as the Oil and Gas Act.
(b) Nonapplicability.--The prohibition in subsection (a)
shall not apply to a rule or regulation required to comply with
a court order or Federal law.
Section 2. Procedure for necessary amendments.
(a) Notification of necessary amendment.--In those instances
where the Department of Environmental Protection or the
Environmental Quality Board finds it necessary to amend an
existing rule or regulation promulgated under any of the acts
identified in section 1, the Department of Environmental
Protection or the Environmental Quality Board shall submit
written notification to the chairman and minority chairman of
the Environmental Resources and Energy Committee of the Senate
and the chairman and minority chairman of the Environmental
Resources and Energy Committee of the House of Representatives.
This notification shall include a description of the amendment,
the rationale for the amendment and a timetable, if applicable,
for implementation of the amendment.
(b) Legislative approval required.--
(1) Each committee that receives a notification under
subsection (a) shall, within 90 days of receipt of the
notification, consider the proposed amendment.
(2) In the event that one of the committees approves the
amendment, the chairman of that committee shall introduce a
concurrent resolution in that house to approve the amendment.
(3) If the concurrent resolution is not approved by both
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houses, the amendment sought by the Department of
Environmental Protection or Environmental Quality Board shall
not have the force and effect of law.
(c) Applicability of Regulatory Review Act.--A rule or
regulation approved by concurrent resolution under this section
shall not be subject to the act of June 25, 1982 (P.L.633,
No.181), known as the Regulatory Review Act.
Section 3. Inconsistent repeals.
The following acts and parts of acts are repealed insofar as
they are inconsistent with this act:
(1) The act of June 22, 1937 (P.L.1987, No.394), known
as The Clean Streams Law.
(2) The act of May 31, 1945 (P.L.1198, No.418), known as
the Surface Mining Conservation and Reclamation Act.
(3) The act of January 8, 1960 (1959 P.L.2119, No.787),
known as the Air Pollution Control Act.
(4) The act of July 7, 1980 (P.L.380, No.97), known as
the Solid Waste Management Act.
(5) The act of December 19, 1984 (P.L.1140, No.223),
known as the Oil and Gas Act.
Section 4. Effective date.
This act shall take effect in 60 days.
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