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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 9, 2010 |
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| AN ACT |
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1 | Prohibiting the Department of Environmental Protection and the |
2 | Environmental Quality Board from promulgating rules and |
3 | regulations under certain acts. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Rules and regulations prohibited. |
7 | (a) General rule.--Notwithstanding any other provision of |
8 | law to the contrary, neither the Department of Environmental |
9 | Protection nor the Environmental Quality Board may promulgate |
10 | rules or regulations under the following acts: |
11 | (1) The act of June 22, 1937 (P.L.1987, No.394), known |
12 | as The Clean Streams Law. |
13 | (2) The act of May 31, 1945 (P.L.1198, No.418), known as |
14 | the Surface Mining Conservation and Reclamation Act. |
15 | (3) The act of January 8, 1960 (1959 P.L.2119, No.787), |
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1 | known as the Air Pollution Control Act. |
2 | (4) The act of July 7, 1980 (P.L.380, No.97), known as |
3 | the Solid Waste Management Act. |
4 | (5) The act of December 19, 1984 (P.L.1140, No.223), |
5 | known as the Oil and Gas Act. |
6 | (b) Nonapplicability.--The prohibition in subsection (a) |
7 | shall not apply to a rule or regulation required to comply with |
8 | a court order or Federal law. |
9 | Section 2. Procedure for necessary amendments. |
10 | (a) Notification of necessary amendment.--In those instances |
11 | where the Department of Environmental Protection or the |
12 | Environmental Quality Board finds it necessary to amend an |
13 | existing rule or regulation promulgated under any of the acts |
14 | identified in section 1, the Department of Environmental |
15 | Protection or the Environmental Quality Board shall submit |
16 | written notification to the chairman and minority chairman of |
17 | the Environmental Resources and Energy Committee of the Senate |
18 | and the chairman and minority chairman of the Environmental |
19 | Resources and Energy Committee of the House of Representatives. |
20 | This notification shall include a description of the amendment, |
21 | the rationale for the amendment and a timetable, if applicable, |
22 | for implementation of the amendment. |
23 | (b) Legislative approval required.-- |
24 | (1) Each committee that receives a notification under |
25 | subsection (a) shall, within 90 days of receipt of the |
26 | notification, consider the proposed amendment. |
27 | (2) In the event that one of the committees approves the |
28 | amendment, the chairman of that committee shall introduce a |
29 | concurrent resolution in that house to approve the amendment. |
30 | (3) If the concurrent resolution is not approved by both |
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1 | houses, the amendment sought by the Department of |
2 | Environmental Protection or Environmental Quality Board shall |
3 | not have the force and effect of law. |
4 | (c) Applicability of Regulatory Review Act.--A rule or |
5 | regulation approved by concurrent resolution under this section |
6 | shall not be subject to the act of June 25, 1982 (P.L.633, |
7 | No.181), known as the Regulatory Review Act. |
8 | Section 3. Inconsistent repeals. |
9 | The following acts and parts of acts are repealed insofar as |
10 | they are inconsistent with this act: |
11 | (1) The act of June 22, 1937 (P.L.1987, No.394), known |
12 | as The Clean Streams Law. |
13 | (2) The act of May 31, 1945 (P.L.1198, No.418), known as |
14 | the Surface Mining Conservation and Reclamation Act. |
15 | (3) The act of January 8, 1960 (1959 P.L.2119, No.787), |
16 | known as the Air Pollution Control Act. |
17 | (4) The act of July 7, 1980 (P.L.380, No.97), known as |
18 | the Solid Waste Management Act. |
19 | (5) The act of December 19, 1984 (P.L.1140, No.223), |
20 | known as the Oil and Gas Act. |
21 | Section 4. Effective date. |
22 | This act shall take effect in 60 days. |
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