Pennsylvania SB 524: An Act amending Titles 27 (Environmental Resources) and 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in administrative provisions, providing for definitions, for coal-powered plants, for regulations, for natural gas and coal permit database, for natural gas and coal permit review procedure and for withdrawal from Regional Greenhouse Gas Initiative; in development relating to oil and gas, further providing for well permits and providing for leases in State parks and forests; and making an editorial change.

Bill Text

PRINTER'S NO. 498
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 524
Session of
2025
INTRODUCED BY MASTRIANO, HUTCHINSON, J. WARD, KEEFER AND
STEFANO, MARCH 26, 2025
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 26, 2025
AN ACT
Amending Titles 27 (Environmental Resources) and 58 (Oil and
Gas) of the Pennsylvania Consolidated Statutes, in
administrative provisions, providing for definitions, for
coal-powered plants, for regulations, for natural gas and
coal permit database, for natural gas and coal permit review
procedure and for withdrawal from Regional Greenhouse Gas
Initiative; in development relating to oil and gas, further
providing for well permits and providing for leases in State
parks and forests; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part II heading of Title 27 of the Pennsylvania
Consolidated Statutes is amended to read:
PART II
ADMINISTRATIVE PROVISIONS
[(Reserved)]
Section 2. Part II of Title 27 is amended by adding a
chapter to read:
CHAPTER 21
PENNSYLVANIA ENERGY INDEPENDENCE
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2101. Definitions.
2102. Coal-powered plants.
2103. Regulations.
2104. Natural gas and coal permit database.
2105. Natural gas and coal permit review procedure.
2106. Withdrawal from Regional Greenhouse Gas Initiative.
§ 2101. 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:
"Coal-powered plant." A facility that burns coal to make
steam in order to generate electricity.
"Department." The Department of Environmental Protection of
the Commonwealth.
§ 2102. Coal-powered plants.
(a) Findings.--The General Assembly finds and declares as
follows:
(1) The Tenth Amendment to the Constitution of the
United States guarantees to the states and their people all
powers not granted to the Federal Government elsewhere in the
Constitution and reserves to the State and the people of
Pennsylvania certain powers as they were understood at the
time that Pennsylvania was admitted into Statehood in 1787.
(2) The guaranty of those powers is a matter of contract
between the State and the people of Pennsylvania and the
United States as of the time that the compact with the United
States was agreed upon and adopted by Pennsylvania and the
United States in 1787.
(3) The Ninth Amendment to the Constitution of the
United States guarantees to the people rights not granted in
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the Constitution of the United States and reserves to the
people of Pennsylvania certain rights as they were understood
at the time that Pennsylvania was admitted into Statehood in
1787.
(4) The guaranty of those rights is a matter of contract
between the State and people of Pennsylvania and the United
States as of the time that the compact with the United States
was agreed upon and adopted by Pennsylvania and the United
States in 1787.
(5) The regulation of intrastate commerce, including the
natural environment as affected by intrastate business, is
vested in the states under the Ninth and Tenth Amendments to
the Constitution of the United States and is specifically
retained by the Commonwealth of Pennsylvania.
(6) The regulation of the transportation and disposal of
hazardous waste, of the release of emissions, substances and
pollutants into the air in this Commonwealth, of the release
of pollutants into bodies of water in this Commonwealth, of
public water supplies in this Commonwealth, of wastewater
systems in this Commonwealth and the regulation of
production, exploration, drilling, development, operation,
transportation, processing and energy generation of coal,
coal products and materials or substances used in the
production, exploration, drilling, development, operation,
transportation, processing and energy generation of coal that
originate and remain inside this Commonwealth and have not
been proven and adjudicated by Federal court systems or this
Commonwealth's court systems to specifically be causing, or
to have caused, quantifiable harm to any person, business or
place beyond the borders of Pennsylvania shall be intrastate
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commerce and shall not be subject to Federal law or
regulation under the authority of the United States Congress
to regulate interstate commerce.
(b) Exemption.--A coal-powered plant in this Commonwealth
shall be exempt from the rules and regulations of the
Environmental Protection Agency, to include:
(1) 40 CFR Ch. 1 Subch. N Pt. 423 (relating to Steam
Electric Power Generating Point Source Category).
(2) The Cross-State Air Pollution Rule under 40 CFR Ch.
1 Subch. C (relating to air programs).
(c) Authority of department.--The department shall have the
exclus