House Bill 2799
Environmental Policy Act

Section 1. Short title
Section 2. Finding of fact
Section 3. Definitions.
Section 4. Environmental impact statement.
Section 5. Public hearings, appeals.
Section 6. Review by agencies.
Section 7. Applicability.
Section 8. Issuance of regulations.
Section 9. Effective date.
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Session of 2002

INTRODUCED BY McILHINNEY, ADOLPH, M. BAKER, CALTAGIRONE, CAWLEY, CREIGHTON, FAIRCHILD, FREEMAN, GEORGE, HENNESSEY, JAMES, MAHER, McGEEHAN, MELIO, R. MILLER, MUNDY, ROSS, RUBLEY, SCHRODER, STEELMAN, E. Z. TAYLOR, THOMAS, TIGUE, VITALI, WANSACZ, WASHINGTON, WATSON, YOUNGBLOOD, YUDICHAK AND MANN, July 15, 2002

AN ACT

Relating to environmental policy; establishing procedures for reviewing environmental policy actions; and providing for notice, hearings and appeals.

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 Pennsylvania Environmental Policy Act.
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Section 2. Finding of fact.

(a) General findings.--The General Assembly finds that:

(1) The protection and preservation of Pennsylvania's diverse environment is necessary for the maintenance of the public health and welfare and the continued viability of the economy of the State and is a matter of the highest public priority.

(2) State agencies should conduct their affairs with an awareness that they are stewards of the air, land, water, plants, animals and environmental, historical and cultural resources.

(3) Environmental evaluations should be a part of the decision-making processes of the State.

(4) Environmental impact statements can facilitate the fullest practicable provision of timely public information, understanding and participation in the decision-making processes of the State.

(b) Policy on use of environmental impact statements.--In order to achieve the objectives set forth in subsection (a), the General Assembly hereby finds and declares that the following policy shall apply to the use of environmental impact statements prepared pursuant to this act:

(1) The purpose of an environmental impact statement is to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided.

(2) Each public agency shall mitigate or avoid the significant effects on the environment of projects that it carries out or approves whenever it is feasible to do so.

(3) If economic, social or other conditions make it infeasible to mitigate one or more significant effects on the environment of a project, the project may nonetheless be carried out or approved at the discretion of a public agency if the project is otherwise permissible under applicable laws and regulations.

(c) Policy on comments from the public and public agencies to lead agencies; availability of information.--The General Assembly further finds and declares it is the policy of the Commonwealth that:

(1) Comments from the public and public agencies on the environmental effects of a project shall be made to lead agencies as soon as possible in the review of environmental documents, including, but not limited to, draft environmental impact statements and finding of no significant impacts, in order to allow the lead agencies to identify, at the earliest possible time in the environmental review process, potential significant effects of a project, alternatives and mitigation measures which would substantially reduce the effects.

(2) Information relevant to the significant effects of a project, alternatives and mitigation measures which substantially reduce the effects shall be made available as soon as possible by lead agencies, other public agencies and interested persons and organizations.
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Section 3. 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:

"A proposed governmental action which may significantly adversely affect the quality of the environment." A project proposed to be undertaken by a government agency or agencies, for which it is probable to expect a significant adverse impact on the natural environment, including the State's air, land, water, plants, animals, historical sites or buildings or cultural resources. Such actions shall not include: emergency measures undertaken in response to an immediate threat to public health or safety, or activities in which government agency participation is ministerial in nature, involving no exercise of discretion on the part of the government agency.

"Environmental effects report." A report on a proposed governmental action which may significantly adversely affect the quality of the environment.

"Finding of no significant impact." A written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment and does not require the preparation of an environmental impact statement.

"Government agency." Any department, board, bureau, commission, authority or other agency of the Commonwealth.

"Land-disturbing activity." Scraping, plowing, clearing, dredging, grading, excavating, transporting or filling of land or placement of any structure or impervious surface, dam, obstruction or deposit or placement of or alteration to any structure on or eligible for registration as an historic place, provided, however, that agricultural practices involving the establishment, cultivation or harvesting of products of the field or orchard, the preparation and planting of pasture land, farm ponds, dairy operations, livestock and poultry management practices and forestry land management practices, involving the harvesting of less than five acres of trees over two inches in diameter at breast height are excluded from the definition of land-disturbing activity.

"Proposed governmental action." Any proposed land-disturbing activity by a government agency or funded by a grant from a government agency, any proposed sale or exchange of more than five acres of State-owned land or any proposed harvesting of five acres or more of trees over two inches in diameter at breast height, but the term does not include the following:

(1) any action or undertaking of a nongovernmental entity, even if that action or undertaking requires a permit, license or other approval by a government agency unless that action or undertaking were to occur on public lands;

(2) any action or undertaking of a municipality, a county or an authority of a municipality or county unless more than 50% of the total cost is funded by a grant of a government agency or a grant of more than $250,000 is made by a government agency;

(3) the permitting or licensing by a government agency of an action or undertaking;

(4) the promulgation and implementation of rules and regulations by a government agency;

(5) the sale of bonds by a government agency or any program of loans funded by the sale of bonds by a government agency; or

(6) litigation decisions made by a government agency.

"Responsible official." The official or body in charge of or authorized to act on behalf of a government agency.
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Section 4. Environmental impact statement.

(a) Determination.--The responsible official of the government agency shall determine if a proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment.

(b) Nonadverse affect.--If the responsible official determines that the proposed governmental action is a proposed governmental action which will not significantly adversely affect the quality of the environment, the government agency responsible for such project shall prepare a finding of no significant impact which shall:

(1) Include a brief description of the project including the anticipated environmental effects and proposed mitigating measures.

(2) A brief discussion of why the project will not have a significant effect on the environment.

(3) The name and contact information for the responsible official.

(4) A description of where the public can obtain and/or review information on the proposed project and any underlying analysis completed by the lead agency.

(5) A description of how aggrieved persons may challenge the decision.

(c) Adverse affect.--If the responsible official determines that the proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment, the government agency responsible for such project shall prepare an environmental impact statement including, but not limited to, a discussion of:

(1) The environmental impact of the proposed governmental action.

(2) Alternatives to the proposed governmental action, including no action.

(3) Any adverse environmental effects which cannot be avoided if the proposed governmental action is undertaken.

(4) Mitigation measures proposed to avoid or minimize the adverse impact of the proposed governmental action.

(5) The relationship between the value of the short-term uses of the environment involved in the proposed governmental action and the maintenance and enhancement of its long-term value.

(6) The effect of the proposed governmental action on the quality and quantity of water supply.

(7) The effect of the proposed governmental action on energy use or energy production.

(8) Any beneficial aspects of the proposed governmental action, both short term and long term, and its economic advantages and disadvantages.

(d) Cooperation with other agencies.--Prior to the issuance of the environmental effects report, the responsible official should consult with and obtain the comments of any agency which has jurisdiction by law, special expertise or other interest with respect to any environmental impact or resource.

(e) Publication of notice.--At least 60 days for an environmental impact statement, 30 days for a finding of no significant impact prior to making a decision as to whether to proceed with a proposed governmental action which is subject to this act, the responsible official shall publish in the Pennsylvania Bulletin and the legal publication of each county in which the proposed governmental action or any part thereof is to occur notice that an environmental impact statement or finding of no significant impact has been prepared. The responsible official shall also make the environmental effects report available to the public and to counties, municipalities, institutions and individuals upon request. Public notice shall include:

(1) A brief description of the project.

(2) The name and contact information for the responsible official.

(3) A description of where the public can obtain and/or review information on the proposed project and any underlying analysis completed by the lead agency.

(4) A description of how interested persons may comment on the finding of no significant impact or the environmental impact statement.
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Section 5. Public hearings, appeals.

(a) Hearings.--If the responsible official receives, within 30 days of the publication of the notice in the Pennsylvania Bulletin and the legal publication of an affected county or counties, requests in writing for a public hearing from at least 100 persons who are residents of this Commonwealth, a public hearing shall be held by the responsible official or his designee. The responsible official or his designee may, in the sole discretion of the responsible official, hold a public hearing in each such county at any time after 30 days from the date of publication of the notice has elapsed even if fewer than 100 requests are received in writing from residents of this Commonwealth, but only one public hearing in a county shall be required regardless of whether it is a mandatory or discretionary hearing. The location of any public hearings shall be based upon the counties most affected by the project and the county of residence for those persons aggrieved by the project.

(b) Decision by responsible official.--The responsible official shall consider all comments received either in writing or during the public hearing or hearings, if held. After considering these comments, the responsible official shall decide whether to proceed with the proposed governmental action as originally proposed, whether to proceed with changes or whether not to proceed. Notice of the decision of the responsible official shall be published in the Pennsylvania Bulletin and the legal publication of each county in which the proposed governmental action or any part thereof is to occur. Any such notices shall include:

(1) A brief description of the project.

(2) The name and contact information for the responsible official.

(3) A brief description of the rationale for the decision.

(4) A description of where the public can obtain and/or review information on the proposed project and any underlying analysis completed by the lead agency.

(5) A description of how aggrieved persons may challenge the decision.

(c) Appeals.--Any person who shall be aggrieved by a decision issued under this act, or the failure to issue a decision under this act, shall have the right, within 30 days of receipt of the notice thereof, to appeal the action to the Environmental Hearing Board. No action shall be taken on a project approved under this act until at least 45 days after public notice of the decision by a responsible officer has been issued.
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Section 6. Review by agencies.

All government agencies shall review their present statutory authority, administrative regulations and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit or hinder full compliance with the intent, purposes and provisions of this act and shall propose to the Governor not later than 180 days after the effective date of this act, such measures as may be necessary to bring their authority, regulations, policies and procedures into conformity with the intent, purposes and procedures set forth in this act.
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Section 7. Applicability.

Nothing in this act shall in any way affect or detract from specific statutory obligations of any government agency to comply with criteria or standards of environmental quality or to perform other statutory obligations imposed upon it except those specified in section 6 to coordinate or consult with any other government agency or Federal agency or to act, or refrain from acting, contingent upon the recommendations or certification of any other government agency or Federal agency. A government agency shall be deemed to have complied with the requirements of this act for a proposed governmental action that requires and has received Federal approval of an environmental document prepared in accordance with the National Environmental Policy Act of 1969 (Public Law 91-190, 42 U.S.C. § 4321 et seq.), and its implementing regulations.
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Section 8. Issuance of regulations.

The Environmental Quality Board shall issue regulations pursuant to this act to assist government agencies in the preparation of environmental impact statement and findings of no significant impact in accordance with this act, including, but not limited to, provisions for:

(1) Criteria for determining if a proposed governmental action may significantly adversely affect the quality of the environment.

(2) Comment upon the proposed governmental action by public and private organizations and individuals.

(3) The possibility of the preparation of single-program environmental effects reports if a series of governmental actions taken individually are of minimal adverse significance on the environment, but the cumulative effect of the proposed governmental actions on the environment is significantly adverse or if a series of proposed governmental actions are related either geographically or as logical parts in a chain of contemplated actions.

(4) The possibility of the preparation of modified environmental impact statements on remaining decisions significantly adversely affecting the quality of the environment that are parts of actions begun before but not completed before the effective date of this act.
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Section 9. Effective date.

This act shall take effect in 90 days.

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