Pennsylvania SB 1120: An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, further providing for payment of court costs, restitution and fines.

Bill Text

PRINTER'S NO. 1366
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1120
Session of
2025
INTRODUCED BY COLLETT, SANTARSIERO, KEARNEY, COMITTA, KANE AND
COSTA, DECEMBER 22, 2025
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
DECEMBER 22, 2025
AN ACT
Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
Statutes, in enforcement and remedies, establishing a private
right of action.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 58 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3254.2. Private right of action.
(a) Establishment.--Except as provided in subsection (b), a
person having an interest that is or may be adversely affected
may commence a civil action on the person's own behalf to compel
compliance with this chapter or any rule, regulation, standard
or order adopted or issued under this chapter or permit issued
according to this chapter against:
(1) the department, if the department fails to perform a
duty under this chapter; or
(2) any other person alleged to be in violation of this
chapter or any rule, regulation, standard or order adopted or
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issued under this chapter or permit issued according to this
chapter.
(b) Intervention.--An action under subsection (a)(2) may not
be commenced by a person affected by the alleged violation if
the department has commenced and is diligently prosecuting a
civil action against a person for the alleged violation under
subsection (a)(2) in a court of the United States or of the
Commonwealth to require compliance with this chapter or any
rule, regulation, standard or order adopted or issued under this
chapter or permit issued according to this chapter, but in the
action in a court of the United States or of the Commonwealth, a
person having an interest that is or may be adversely affected
may intervene as a matter of right. A person that intervenes in
the action may not be required to furnish bond or other security
in connection with the proceeding.
(c) Jurisdiction.--Actions under this section may be filed
in the appropriate court of common pleas or in Commonwealth
Court, and those courts are granted jurisdiction to hear actions
under this section.
(d) Construction.--Nothing in this section shall be
construed to:
(1) Prevent a person from exercising rights in existence
for any other separate offense or remedy at law or in equity.
(2) Preempt s ection 3219.1 (relating to well control
emergency response).
Section 2. This act shall take effect in 60 days.
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