Pennsylvania HB 2159: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in transfers of credits between institutions of higher education, further providing for definitions, for duties of public institutions of higher education and State-related institutions, for Transfer and Articulation Oversight Committee and for duties of department.

Bill Text

PRINTER'S NO. 2793
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2159
Session of
2026
INTRODUCED BY DAY, JANUARY 23, 2026
REFERRED TO COMMITTEE ON COMMERCE, JANUARY 26, 2026
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, providing for decommissioning and
repurposing of warehouses.
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
DECOMMISSIONING AND REPURPOSING OF WAREHOUSES
Sec.
4301. Definitions.
4302. Decommissioning requirements in decommissioning plan.
4303. Repurposing requirements in repurposing plan.
4304. Financial assurance requirements in decommissioning plan.
4305. Form and content of repurposing plan.
4306. Form and content of decommissioning plan.
4307. Applicability.
§ 4301. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Ceased operation." T he point at which a warehouse
permanently discontinues its primary activities and no longer
serves its warehousing or logistics function.
"Commencement of construction." T he date on which a property
owner issues a full notice to proceed to a construction
contractor for the initiation of warehouse construction
activities.
"Decommissioning plan." A document submitted to the
department that describes the process for decommissioning a
warehouse and specifies the amount, form and timing of the
financial assurance required under this chapter.
"Department." T he Department of Community and Economic
Development of the Commonwealth.
"Professional engineer." A s defined in section 2(e) of the
act of May 23, 1945 (P.L.913, No.367), known as the Engineer,
Land Surveyor and Geologist Registration Law.
"Property owner." An individual, partnership, corporation,
limited liability company, trust or other legal entity that
holds legal title to the parcel or parcels of property on which
a warehouse subject to this chapter is or will be constructed.
"Repurposing plan." A document submitted to the department
that describes the proposed reuse of a warehouse that has ceased
operation and includes the intended new use, project schedule,
municipal approvals and any future decommissioning obligations.
"Warehouse." A large facility used for the organized
storage, retrieval and movement of goods, materials, merchandise
or other items.
§ 4302. D ecommissioning requirements in decommissioning plan.
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A decommissioning plan executed on or after the effective
date of this section shall include a provision stating that the
property owner is responsible for decommissioning the warehouse
in accordance with this chapter no later than 18 months after
the warehouse has ceased operation unless the property owner is
actively pursuing a repurposing plan approved by the department.
The requirement under this section shall apply notwithstanding
the occurrence of a force majeure or similar event.
§ 4303. R epurposing requirements in repurposing plan.
A property owner that seeks to implement a repurposing plan
on or after the effective date of this section shall submit the
repurposing plan to the department and obtain approval from the
department no later than 18 months after the warehouse has
ceased operation. Upon approval of the plan, the department
shall establish a binding schedule for commencement and
completion of the repurposing project. The department may modify
the schedule upon written request by the property owner and a
showing of good cause.
§ 4304. Financial assurance requirements in decommissioning
plan.
(a) Proof of financial assurance.--A property owner that
applies for a building permit, land development permit or zoning
approval for a warehouse under the Uniform Construction Code, a
State regulation or local ordinance on or after the effective
date of this subsection shall submit to the department a
decommissioning plan and proof of financial assurance. The
financial assurance shall conform to the requirements of this
chapter and shall secure the performance of the property owner's
obligation to decommission the warehouse. If the property owner
fails to fulfill the obligation to decommission the warehouse,
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the financial assurance shall be payable to the department.
(b) Amount of financial assurance.--T he amount of financial
assurance shall be equal to the estimated cost to decommission
the warehouse. The amount of financial assurance shall be
calculated and updated every five years by a third-party
professional engineer retained by the property owner from a list
of professional engineers compiled by the d