Pennsylvania SB 1048: An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, providing for issuance of permits in environmental justice areas.

Bill Text

PRINTER'S NO. 1235
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1048
Session of
2025
INTRODUCED BY HAYWOOD, CAPPELLETTI, COLLETT, COMITTA, SCHWANK,
A. WILLIAMS, KEARNEY, HUGHES, FONTANA, COSTA, KANE, SAVAL AND
L. WILLIAMS, OCTOBER 15, 2025
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 15, 2025
AN ACT
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 ENVIRONMENTAL JUSTICE AREAS
Sec.
4301. Legislative findings and purpose.
4302. Definitions.
4303. Designation of environmental justice areas.
4304. Permit process.
4305. Regulations and publication.
§ 4301. Legislative findings and purpose.
The General Assembly finds and declares that:
(1) Low-income, low-wealth communities and communities
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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
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.
§ 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
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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
that may lead to significant public concern due to potential
impacts on human health and the environment. The term includes
sites that involve the following:
(1) National Pollutant Discharge Elimination System
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 the Prevention of Significant
Deterioration or the 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
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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.
(7) Concentrated animal feeding operations that are new
or expanded operations of greater than 1,000 Animal
Equivalent Units (AEUs), Concentrated Animal Feeding
Operation of greater than 300 AEUs in a special protection
watershed or a Concentrated Animal Feeding Operation with
direct discharge to surface