HB 1689 — An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in Pennsylvania Economic Development for a Growing Economy (PA EDGE) Tax Credits, providing for streamlining permits for economic expansion and development program; and making a repeal.

PRINTER'S NO.   2074

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1689
                                                  Session of
                                                    2025

     INTRODUCED BY STENDER, ARMANINI, BASHLINE, FRITZ, GILLEN,
        KEPHART, MENTZER, E. NELSON, OLSOMMER, RADER, SCHEUREN, SMITH
        AND ZIMMERMAN, JULY 1, 2025

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


                                     AN ACT
 1   Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
 2      act relating to tax reform and State taxation by codifying
 3      and enumerating certain subjects of taxation and imposing
 4      taxes thereon; providing procedures for the payment,
 5      collection, administration and enforcement thereof; providing
 6      for tax credits in certain cases; conferring powers and
 7      imposing duties upon the Department of Revenue, certain
 8      employers, fiduciaries, individuals, persons, corporations
 9      and other entities; prescribing crimes, offenses and
10      penalties," in Pennsylvania Economic Development for a
11      Growing Economy (PA EDGE) Tax Credits, providing for
12      streamlining permits for economic expansion and development
13      program; and making a repeal.
14      The General Assembly of the Commonwealth of Pennsylvania
15   hereby enacts as follows:
16      Section 1.    Article XVII-L of the act of March 4, 1971
17   (P.L.6, No.2), known as the Tax Reform Code of 1971, is amended
18   by adding subarticles to read:
19                               SUBARTICLE B.1
20                                 (Reserved)
21                               SUBARTICLE B.2
22                         STREAMLINING PERMITS FOR
 1                ECONOMIC EXPANSION AND DEVELOPMENT PROGRAM
 2   Section 1711.2-L.    Scope of subarticle.
 3      This subarticle relates to the expedited review of permit
 4   applications submitted to the department.
 5   Section 1712.2-L.    Definitions.
 6      The following words and phrases when used in this article
 7   shall have the meanings given to them in this section unless the
 8   context clearly indicates otherwise:
 9      "Applicant."     An entity listed under section 1713.2-L that
10   submits an application to the permitting entity under section
11   1713.2-L.
12      "Department."     The Department of Environmental Protection of
13   the Commonwealth.
14      "Eligible permit."    All permits and approvals issued by a
15   permitting entity.
16      "Permit decision."    The issuance or denial of a permit.
17      "Permit decision timeline."      One of the following:
18          (1)   the total number of business days allotted for
19      review of an eligible permit in Final Technical Guidance
20      document 021-2100-001, notice of which was published in the
21      Pennsylvania Bulletin on November 3, 2012, as directed by
22      executive order 2012-l, known as the Permit Decision
23      Guarantee;
24          (2)   the total number of business days allocated for
25      review of an eligible permit as determined by the department,
26      if not included in the notice under paragraph (1); or
27          (3)   the total number of business days agreed to between
28      the applicant and permitting entity.
29      "Permitting entity."    Either of the following:
30          (1)   The department.

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 1            (2)   A county conservation district with a valid
 2      delegation agreement with the department to conduct reviews
 3      of permits to conduct earth disturbance activities issued
 4      under 25 Pa. Code Ch. 102 (relating to erosion and sediment
 5      control).
 6      "Priority review."    Heightened review in which a decision to
 7   issue or deny an eligible permit application shall be rendered
 8   within 10 business days of the expiration of the permit decision
 9   timeline by the Regional Director or Bureau Director overseeing
10   that permitting program or the applicable county conservation
11   district.
12      "Program."    The Streamlining Permits for Economic Expansion
13   and Development Program established under section 1713.2-L.
14      "Qualified professional."     An individual who satisfies the
15   requirements under section 1713.2-L.
16      "Tolling period."    The time period commencing on the date
17   that the permitting entity sends a notice that the application
18   is incomplete or technically deficient under section 1713.2-L
19   and ending on the date when the permitting entity receives the
20   applicant's resubmitted application.
21   Section 1713.2-L.    The Streamlining Permits for Economic
22                    Expansion and Development Program.
23      (a)     Establishment.--The Streamlining Permits For Economic
24   Expansion And Development Program is established within the
25   department to provide an expedited review process for eligible
26   permits.
27      (b)     Process.--Within 60 days of the effective date of this
28   subsection, the department, in consultation with the Department
29   of General Services, shall establish a process to, and within 90
30   days shall, issue requests for proposals to engage qualified

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 1   professionals to provide expedited reviews of eligible permits.
 2      (c)   Qualified professional.--An individual who:
 3            (1)   is a professional engineer, land surveyor,
 4      geologist, landscape architect or other licensed professional
 5      who may be necessary to review applications under the review
 6      program;
 7            (2)   has five years of relevant permitting experience in
 8      this Commonwealth;
 9            (3)   holds all required professional licenses as required
10      by law;
11            (4)   has not been convicted of, or pled guilty to:
12                  (i)    an environmental crime, or a similar or related
13            criminal offense under Federal or State law; or
14                  (ii)   a crime involving fraud, theft by deception,
15            forgery or a similar or related criminal offense under
16            Federal or State law;
17            (5)   has not had a professional license revoked by a
18      State licensing board or any other professional licensing
19      agency within the previous 10 years; and
20            (6)   agrees to be responsible for the qualified
21      professional's costs if the qualified professional does not
22      perform the initial review according to the timeline and
23      other requirements of subsection (g).
24      (d)   Application.--An applicant for an eligible permit may
25   request to participate in the program. The applicant seeking to
26   participate in the program shall, in a form and manner as
27   prescribed by the department:
28            (1)   indicate an intent to participate in the program;
29            (2)   agree to pay all costs associated with the expedited
30      review of an eligible permit; and

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 1            (3)   submit a completed application to the permitting
 2      entity.
 3      (e)   Eligible applicant.--A person, corporation,
 4   municipality, municipal authority, political subdivision,
 5   Federal or State agency or other legal entity may submit an
 6   application under subsection (c).
 7      (f)   Qualified professional selection.--
 8            (1)   Within 10 business days of receiving a request to
 9      participate in the program, the permitting entity shall:
10                  (i)    If there are more than 10 eligible and available
11            qualified professionals, provide the applicant with a
12            list of three qualified professionals from which to
13            select a qualified professional to conduct an initial
14            permit review.
15                  (ii)    If there are more than 1 and less than 10
16            eligible and available qualified professionals, select a
17            qualified professional to conduct an initial permit
18            review.
19            (2)   Prior to agreeing to perform an initial permit
20      review, the qualified professional shall certify to the
21      department, in a form and manner prescribed by the
22      department, that the qualified professional:
23                  (i)    has not performed services for the applicant
24            within three years of the date of submission of the
25            permit application; and
26                  (ii)    does not have any other conflict of interest
27            that may prohibit the qualified professional from
28            performing the initial permit review.
29            (3)   The permit decision timeline shall commence on the
30      day following the qualified professional's submission of the

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 1      certification required under paragraph (2).
 2      (g)   Initial permit review.--The qualified professional shall
 3   conduct an initial comprehensive review of the eligible permit,
 4   which shall:
 5            (1)   Be subject to all standards, technical
 6      specifications, scope of review and other requirements as
 7      required by the department.
 8            (2)   Be conducted on a timeline established by the
 9      department that will enable a permit decision within the
10      permit decision timeline.
11            (3)   Be in accordance with all applicable Federal and
12      State laws and regulations, including applicable Federal and
13      State laws and regulations to protect public health, safety
14      and the environment.
15            (4)   Include a recommendation as to the permit decision,
16      which shall include:
17                  (i)    a list of deficiencies, if any; and
18                  (ii)    an analysis of the basis for the recommendation
19            and supporting documentation as required by the
20            department.
21            (5)   Be subjected to the final review of the permitting
22      entity in accordance with subsection (h).
23      (h)   Final review and permit decision.--Upon completion of an
24   initial permit review under subsection (g), the permitting
25   entity shall review the recommendation of the qualified
26   professional and take any additional action needed prior to
27   making a final permit decision. The following shall apply:
28            (1)   If the permitting entity reviews the application and
29      the recommendation of the qualified professional and
30      determines that the application is complete and not

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 1    technically deficient, the permitting entity shall complete
 2    the final review and make a final permit decision regarding
 3    an eligible permit under the program within the permit
 4    decision timeline.
 5        (2)   If the permitting entity reviews the application and
 6    the recommendation of the qualified professional and
 7    determines that the application is incomplete or technically
 8    deficient, the permitting entity shall notify the applicant
 9    in writing or by electronic means of all of the following:
10              (i)    The statute or regulation that requires a
11        correction or additional information within the
12        application.
13              (ii)    The reasons why the application does not
14        conform with the statute or regulation specified under
15        subparagraph (h) in clear language that is readily
16        understandable by a layperson.
17              (iii)    The correction or additional information
18        needed for the permitting entity to issue the permit.
19        (3)   Failure by the permitting entity to issue a permit
20    decision within the permit decision timeline shall result in
21    the application immediately being subject to priority review,
22    unless waived by the applicant.
23        (4)   Failure by the department to issue a permit decision
24    by the conclusion of the priority review period shall result
25    in a refund to the applicant equal to the actual costs of the
26    qualified professionals review and total permit fees paid by
27    the applicant, unless waived by the applicant.
28        (5)   Failure by the conservation district to issue a
29    permit decision by the conclusion of the priority review
30    period shall result in a refund to the applicant equal to the

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 1    total permit fees paid by the applicant, unless waived by the
 2    applicant.
 3        (6)   Failure by the permitting entity to issue a permit
 4    decision by the conclusion of the priority review period
 5    shall constitute a permitting entity decision subject to the
 6    Environmental Hearing Board's jurisdiction under section 4 of
 7    the act of July 13, 1988 (P.L.530, No.94), known as the
 8    Environmental Hearing Board Act. The following shall apply:
 9              (i)    Upon a properly filed appeal of the permitting
10        entity's decision not to issue a permit by the conclusion
11        of the priority review period, the Environmental Hearing
12        Board may hold a hearing and issue an adjudication
13        consistent with the Environmental Hearing Board's
14        practice and procedure under 25 Pa. Code Ch. 1021
15        (relating to practice and procedure) and may remand the
16        matter back to the permitting entity to make a permit
17        decision by a specified date.
18              (ii)    The Environmental Hearing Board's review in the
19        appeal under subparagraph (h) shall be limited to the
20        permitting entity's decision not to issue permits within
21        the allotted timeline under this section.
22              (iii)   The Environmental Hearing Board shall set any
23        appeal brought under this section for expedited
24        consideration.
25        (7)   The permit decision timeline shall not include more
26    than two tolling periods during the permitting entity's final
27    review, unless waived by the applicant.
28        (8)   If the permitting entity denies a permit, the
29    permitting entity shall notify the applicant in writing or by
30    electronic means of the procedure an applicant is required to

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 1      employ to initiate an appeal of an adverse permitting entity
 2      decision.
 3      (i)   Actual costs for expedited review.--The applicant shall
 4   pay the actual costs, as determined by the department, of the
 5   expedited review. The following shall apply:
 6            (1)   The actual costs shall be based on an hourly rate
 7      charged by the qualified professional and the number of hours
 8      required to perform the expedited review or a set fee charged
 9      by the qualified professional.
10            (2)   The applicant must pay all other applicable fees
11      associated with the eligible permit.
12            (3)   Each year, the department shall publish the hourly
13      rates or set fees of the qualified professional engaged under
14      subsection (b).
15   Section 1714.2-L.    Tracking system for permit application.
16      (a)   Establishment.--The department shall establish, maintain
17   and make available a secure tracking system for applications
18   submitted electronically to the department to allow applicants
19   to track the status of applications. The tracking system shall
20   be published on the department's publicly accessible Internet
21   website within 180 days of the effective date of legislation
22   fully funding the development of the secure tracking system.
23      (b)   Notice.--Within five business days after receiving an
24   application, the department shall notify an applicant in writing
25   or by electronic means that the application was received and
26   provide information instructing the applicant in the utilization
27   of the tracking system established under subsection (a).
28      (c)   System contents.--The tracking system shall include the
29   following:
30            (1)   The processing timeline for each permit, the

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 1      statutory and regulatory authority and the department's
 2      policy establishing the processing timeline.
 3          (2)   The dates associated with the receipt of each
 4      permit, completeness review, technical review, priority
 5      review, if necessary, and the final permit decision.
 6          (3)   The identity and contact information for the
 7      department contact assigned to answer questions about the
 8      application process.
 9   Section 1715.2-L.   Construction.
10      Nothing in this subarticle shall be construed to:
11          (1)   limit or otherwise alter the department's authority
12      to revoke a permit for failure to comply with the laws of
13      this Commonwealth; or
14          (2)   require the department to operate the program in
15      violation of Federal law or regulation.
16      Section 2.   Repeals are as follows:
17          (1)   The General Assembly declares that the repeal under
18      paragraph (2) is necessary to effectuate the addition of
19      Subarticle B.2 of Article XVII-L of the act.
20          (2)   Article XVIII of the act of April 9, 1929 (P.L.343,
21      No.176), known as The Fiscal Code, is repealed.
22      Section 3.   This act shall take effect in 60 days.




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