Pennsylvania HB 109: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for video game tax, establishing the Digital Protection for School Safety Account and imposing penalties.

Bill Text

PRIOR PRINTER'S NO. 87 PRINTER'S NO. 1281
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 109
Session of
2025
INTRODUCED BY VITALI, RABB, KENYATTA, ISAACSON, FREEMAN,
HOHENSTEIN, HILL-EVANS, KHAN, PROBST, SANCHEZ, SAMUELSON,
HOWARD, DALEY, SALISBURY, PIELLI, OTTEN, GREEN, WEBSTER,
BENHAM, MADDEN, CEPEDA-FREYTIZ, STEELE, SCOTT, TAKAC, KAZEEM,
POWELL, KINKEAD, INGLIS, WAXMAN, O'MARA, RIVERA, BOROWSKI,
HARKINS, SHUSTERMAN, MAYES, KRAJEWSKI AND A. BROWN,
JANUARY 14, 2025
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, HOUSE OF REPRESENTATIVES, AS AMENDED,
APRIL 7, 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.
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§ 4301. Legislative findings and purpose.
The General Assembly finds and declares that:
(1) Low-income, low-wealth communities and communities
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 this
Commonwealth have inalienable environmental rights and that
the Commonwealth is the trustee of this Commonwealth's public
natural resources.
(4) All individuals in this Commonwealth 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 AND PUBLIC HEALTH impacts and OF
pollution in a defined geographic area, to INCLUDING POLLUTION
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OF 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
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 a 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 Prevention of Significant
Deterioration or Nonattainment New Source Review.
(2) AIR PERMITS FOR ANY MAJOR STATIONARY SOURCE OF ANY:
(I) VOLATILE ORGANIC COMPOUND;
(II) POLLUTANT REGULATED UNDER 42 U.S.C. § 7411
(RELATING TO STANDARDS OF PERFORMANCE FOR NEW STATIONARY
SOURCES) OR 7412 (RELATING TO HAZARDOUS AIR POLLUTANTS);
OR
(III) POLLUTANT FOR WHICH A NATIONAL PRIMARY AMBIENT
AIR QUALITY STANDARD HAS BEEN PROMULGATED.
(4) (3) Waste permits involving a combined monthly
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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
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) (4) Mining permits for bituminous and anthracite
underground mines, bitumin