HB 1089 — An Act providing for restrictions on the sale and application of high-PAH sealants; establishing the Safer Sealant Fund; imposing duties on the Department of Environmental Protection; authorizing certain municipal ordinances; and imposing penalties.

PRINTER'S NO.   1206

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1089
                                               Session of
                                                 2025

     INTRODUCED BY STEELE, PIELLI, MADDEN, SANCHEZ, PROBST, GIRAL,
        WAXMAN, VITALI, HILL-EVANS, OTTEN, MAYES, CEPEDA-FREYTIZ,
        SCOTT, HADDOCK, D. WILLIAMS AND GREEN, APRIL 1, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, APRIL 1, 2025


                                    AN ACT
 1   Providing for restrictions on the sale and application of high-
 2      PAH sealants; establishing the Safer Sealant Fund; imposing
 3      duties on the Department of Environmental Protection;
 4      authorizing certain municipal ordinances; and imposing
 5      penalties.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8   Section 1.   Short title.
 9      This act shall be known and may be cited as the Safer Sealant
10   Act.
11   Section 2.   Definitions.
12      The following words and phrases when used in this act shall
13   have the meanings given to them in this section unless the
14   context clearly indicates otherwise:
15      "Department."    The Department of Environmental Protection of
16   the Commonwealth.
17      "Fund."   The Safer Sealant Fund established under section
18   5(a).
 1         "High-PAH sealant."     A sealant product containing more than
 2   0.1% polycyclic aromatic hydrocarbons by weight.
 3         "Municipality."     A county, city, borough, incorporated town
 4   or township.
 5   Section 3.        Restrictions on use of high-PAH sealants.
 6         (a)   Prohibitions.--
 7               (1)   A person may not supply, sell or offer for sale a
 8         high-PAH sealant for application on a driveway or parking
 9         area after December 31, 2025.
10               (2)   A person may not apply or solicit the application of
11         a high-PAH sealant to a driveway or parking area after
12         December 31, 2026.
13         (b)   Civil penalty.--A person violating subsection (a) shall
14   be subject to a civil penalty not exceeding $2,500 for each
15   violation.
16   Section 4.        Municipal ordinances.
17         (a)   Authorization.--A municipality may enact an ordinance
18   that provides:
19               (1)   A person may not supply, sell or offer for sale a
20         high-PAH sealant for application on a driveway or parking
21         area in the municipality.
22               (2)   A person may not apply or solicit the application of
23         a high-PAH sealant to a driveway or parking area in the
24         municipality.
25         (b)   Construction.--Nothing in this act shall be construed
26   to:
27               (1)   prohibit a municipality from enacting an ordinance
28         that is more stringent than the ordinance authorized under
29         subsection (a); or
30               (2)   affect an ordinance enacted by a municipality prior

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 1      to the effective date of this section that is at least as
 2      stringent as the ordinance authorized under subsection (a).
 3      (c)   Collection of civil penalties.--A municipality enforcing
 4   an ordinance under this section may collect and use a civil
 5   penalty the amount of which may be determined by the
 6   municipality.
 7      (d)   Model ordinance.--The department shall draft a model
 8   ordinance that municipalities may use under this section.
 9   Section 5.   Fund.
10      (a)   Establishment.--The Safer Sealant Fund is established
11   within the State Treasury which, along with interest earned,
12   shall be used by the department to further the purposes of this
13   act.
14      (b)   Deposits.--Civil penalties collected by the department
15   under section 3 shall be deposited into the fund.
16   Section 6.   Administration.
17      (a)   Enforcement.--The department shall enforce the
18   provisions of section 3.
19      (b)   Rules and regulations.--The Environmental Quality Board
20   may adopt or promulgate any rules or regulations necessary for
21   the administration of this act, including the use and
22   disbursement of money from the fund.
23   Section 7.   Effective date.
24      This act shall take effect immediately.




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