Pennsylvania HB 52: An Act amending the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, providing for building permits and endangered and threatened species; and making an appropriation.

Bill Text

PRINTER'S NO. 42
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 52
Session of
2025
INTRODUCED BY HOWARD, GIRAL, PIELLI, SANCHEZ, KHAN, GUENST,
VITALI, HILL-EVANS, SHUSTERMAN, OTTEN AND MADDEN,
JANUARY 14, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, JANUARY 14, 2025
AN ACT
Amending the act of November 10, 1999 (P.L.491, No.45), entitled
"An act establishing a uniform construction code; imposing
powers and duties on municipalities and the Department of
Labor and Industry; providing for enforcement; imposing
penalties; and making repeals," providing for building
permits and endangered and threatened species; and making an
appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of November 10, 1999 (P.L.491, No.45),
known as the Pennsylvania Construction Code Act, is amended by
adding a chapter to read:
CHAPTER 6
BUILDING PERMITS AND ENDANGERED
AND THREATENED SPECIES
Section 601. 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:
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"Applicant." A person seeking a building permit from a
municipality for proposed construction.
"Endangered or threatened species." Any of the following:
(1) An endangered species as defined under any of the
following:
(i) 30 Pa.C.S. § 102 (relating to definitions).
(ii) 34 Pa.C.S. § 102 (relating to definitions).
(2) A threatened species as defined under any of the
following:
(i) 30 Pa.C.S. § 102.
(ii) 34 Pa.C.S. § 102.
(3) A classification established under section 7(b) of
the act of June 23, 1982 (P.L.597, No.170), known as the Wild
Resource Conservation Act, and regulations promulgated in
accordance with that act.
"Proposed construction." A ny of the following:
(1) New construction of a residential building,
nonresidential building or other structure in the
municipality.
(2) An addition involving a nonresidential building or
other structure in the municipality.
Section 602. Authorization.
A municipality may not issue a building permit to an
applicant unless all of the conditions under this chapter are
satisfied.
Section 603. Required information.
(a) Purpose.--An applicant shall, in addition to satisfying
other building permit conditions required by law, submit
information for a determination of any negative effect on
endangered or threatened species as a result of proposed
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construction.
(b) Contents.--The information required under this section
shall include the following:
(1) The name, mailing address, telephone number and
other contact information of the applicant.
(2) The name, mailing address, telephone number and
other contact information of the municipality in which the
proposed construction is to be located.
(3) The location and nature of the proposed
construction.
(c) Submittal.--The information required under this section
shall be submitted to the following:
(1) The Pennsylvania Fish and Boat Commission.
(2) The Pennsylvania Game Commission.
(3) The Department of Conservation and Natural
Resources.
(d) Additional information.--An entity specified under
subsection (c) may require:
(1) A specific form on which to provide any or all of
the required information.
(2) A sketch plan, preliminary plan or final plan,
together with engineering comments, regarding the proposed
construction.
Section 604. Review and determination.
(a) Requirements.--Within 90 days of the submittal of the
information under section 603, each entity under section 603(c)
shall review the information and shall:
(1) Determine whether there exists any negative effect
on endangered or threatened species as a result of the
proposed construction. In making the determination, the
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entity may:
(i) Require a site visit to the location of the
proposed construction.
(ii) Engage in discussions with the applicant or
engineer or other professional involved in the proposed
construction.
(iii) Work in collaboration and consultation with
the other specified entities and other governmental
entities at the Federal, State and local levels.
(iv) Provide recommendations on remedial action that
may be taken to mitigate the negative effect on
endangered or threatened species.
(2) Provide written confirmation of the effect on
endangered or threatened species as a result of the proposed
construction to:
(i) The applicant.
(ii) The municipality in which the proposed
construction is to be located.
(b) Noncompliance by entity.--If an entity under section
603(c) does not comply with the requirements specified under
subsection (a):
(1) It shall be presumed that there exists no negative
effect on endangered or threatened species as a result of the
proposed construct