HB 2178 — An Act amending the act of October 18, 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup Act, providing for spill response and residential environmental protection; and, in fund, further providing for Hazardous Sites Cleanup Fund.

PRINTER'S NO.     3142

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2178
                                               Session of
                                                 2026

     INTRODUCED BY WARREN, VITALI, WEBSTER, HILL-EVANS, FREEMAN,
        KHAN, O'MARA, OTTEN, CEPEDA-FREYTIZ, CURRY AND GILLEN,
        APRIL 8, 2026

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, APRIL 8, 2026


                                    AN ACT
 1   Amending the act of October 18, 1988 (P.L.756, No.108), entitled
 2      "An act providing for the cleanup of hazardous waste sites;
 3      providing further powers and duties of the Department of
 4      Environmental Resources and the Environmental Quality Board;
 5      providing for response and investigations for liability and
 6      cost recovery; establishing the Hazardous Sites Cleanup Fund;
 7      providing for certain fees and for enforcement, remedies and
 8      penalties; and repealing certain provisions relating to the
 9      rate of the capital stock franchise tax," providing for spill
10      response and residential environmental protection; and, in
11      fund, further providing for Hazardous Sites Cleanup Fund.
12      This act may be referred to as the Environmental Cleanup and
13   Responsibility Act.
14      The General Assembly of the Commonwealth of Pennsylvania
15   hereby enacts as follows:
16      Section 1.    The act of October 18, 1988 (P.L.756, No.108),
17   known as the Hazardous Sites Cleanup Act, is amended by adding a
18   chapter to read:
19                                CHAPTER 6
20       SPILL RESPONSE AND RESIDENTIAL ENVIRONMENTAL PROTECTION
21   Section 601.    Legislative findings and purposes.
 1      (a)     Findings.--The General Assembly finds and declares as
 2   follows:
 3            (1)   Discharges of hazardous substances, including
 4      petroleum and pipeline releases, pose an immediate and
 5      serious threat to public health, private drinking water
 6      supplies and residential communities in this Commonwealth.
 7            (2)   Existing State law is not adequate to ensure rapid
 8      and mandatory cleanup of active spills in residential areas.
 9            (3)   Section 27 of Article I of the Constitution of
10      Pennsylvania guarantees the people the right to clean air,
11      pure water and the preservation of the natural, scenic,
12      historic and esthetic values of the environment.
13            (4)   In accordance with section 27 of Article I of the
14      Constitution of Pennsylvania, the Commonwealth has a trustee
15      obligation to conserve and maintain public natural resources
16      for the benefit of present and future generations.
17      (b)     Purposes.--The purposes of this chapter are to:
18            (1)   Establish a clear and enforceable framework for
19      immediate response to discharges of hazardous substances.
20            (2)   Require prompt cleanup and removal of contamination
21      that threatens human health or the environment.
22            (3)   Authorize the department to act immediately and
23      recover costs from responsible persons.
24            (4)   Ensure restoration of environmental conditions
25      consistent with the constitutional rights of the people of
26      this Commonwealth.
27   Section 602.    Definitions.
28      The following words and phrases when used in this chapter
29   shall have the meanings given to them in this section unless the
30   context clearly indicates otherwise:

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 1      "Discharge."      The spilling, leaking, pumping, pouring,
 2   emitting, emptying, escaping, leaching, dumping or disposing of
 3   a hazardous substance into the environment, including soil,
 4   groundwater, surface water or indoor air.
 5      "Hazardous substance."      As follows:
 6          (1)     For purposes of this chapter only, a substance that,
 7      when discharged into the environment, presents or may present
 8      a threat to public health, safety or the environment,
 9      including any of the following:
10                (i)    Petroleum, crude oil, gasoline, jet fuel, diesel
11          fuel, fuel oil and petroleum products.
12                (ii)    A hazardous substance as defined in 42 U.S.C. §
13          9601(14) (relating to definitions).
14                (iii)    A substance designated as hazardous by a
15          regulation promulgated by the department.
16          (2)     The term shall not be construed to expand or modify
17      the definition of hazardous substance or hazardous waste
18      under any other provision of this act.
19      "Immediate environmental concern."        A condition resulting
20   from a discharge that presents or may present an immediate or
21   substantial threat to human health, safety or the environment,
22   including impacts to residential areas, private drinking water
23   wells, occupied structures or natural resources.
24      "Residential area."      An area used or zoned for residential
25   purposes, including areas served by public or private drinking
26   water wells.
27      "Responsible person."      A person who has discharged a
28   hazardous substance or is otherwise responsible for a hazardous
29   substance, including an owner, operator, transporter or a person
30   otherwise liable under this act.

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 1   Section 603.    Duty to contain, clean up and remove discharges.
 2      (a)     Immediate actions.--Whenever a discharge of a hazardous
 3   substance occurs, a responsible person shall immediately take
 4   all actions necessary to contain, clean up and remove the
 5   discharge.
 6      (b)     Strict liability.--A responsible person shall be
 7   strictly liable, without regard to fault, for compliance with
 8   the duties and requirements imposed under this chapter. If more
 9   than one responsible person is liable, the responsible persons
10   shall be jointly and severally liable for compliance with this
11   chapter.
12      (c)     Duration.--A responsible person's duty to contain, clean
13   up and remove a discharge shall continue until the department
14   determines that the responsible person has achieved the cleanup
15   standards specified under this chapter.
16   Section 604.    Department authority and spill directives.
17      (a)     Directives.--To address a discharge, the department may
18   issue a written or oral directive requiring a responsible person
19   to do any of the following:
20            (1)   Perform containment, cleanup, removal, investigation
21      or remediation actions specified by the department.
22            (2)   Comply with deadlines and other timelines specified
23      by the department for investigation, containment or
24      remediation.
25            (3)   Submit sampling data, plans or reports required by
26      the department.
27      (b)     Department access and response.--To respond to a
28   discharge, the department may:
29            (1)   enter property to conduct response actions; and
30            (2)   undertake cleanup and removal when necessary to

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 1      protect public health or the environment.
 2      (c)   Violation.--A responsible person who fails to comply
 3   with a directive issued under this section violates this act.
 4   Section 605.    Cleanup standards.
 5      (a)   Constitutional standard.--A responsible person shall
 6   conduct cleanup and removal to achieve conditions consistent
 7   with section 27 of Article I of the Constitution of Pennsylvania
 8   to provide for clean air, pure water and the preservation of the
 9   natural, scenic, historic and esthetic values of this
10   Commonwealth's environment.
11      (b)   Residential cleanup standard.--If a discharge affects or
12   threatens a residential area, a responsible person shall conduct
13   cleanup and removal to achieve standards for unrestricted
14   residential use, including all of the following:
15            (1)   Protect potable groundwater.
16            (2)   Prevent exposure through direct contact with
17      contaminated soil.
18            (3)   Protect indoor and outdoor air from vapor intrusion.
19      (c)   Standards established by regulation.--
20            (1)   The board shall promulgate regulations establishing
21      cleanup standards under this chapter. The department shall
22      apply the standards in administering this chapter. The
23      standards shall constitute minimum requirements. The
24      department may not waive a standard unless the department
25      issues a written determination that an alternative provides
26      equal or greater protection.
27            (2)   In order to facilitate the prompt implementation of
28      paragraph (1), the board shall promulgate temporary
29      regulations that shall expire no later than two years
30      following the publication of the temporary regulations. The

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 1      board may promulgate temporary regulations not subject to:
 2                  (i)    Section 612 of the act of April 9, 1929
 3            (P.L.177, No.175), known as The Administrative Code of
 4            1929.
 5                  (ii)    Sections 201, 202, 203, 204 and 205 of the act
 6            of July 31, 1968 (P.L.769, No.240), referred to as the
 7            Commonwealth Documents Law.
 8                  (iii)    Sections 204(b) and 301(10) of the act of
 9            October 15, 1980 (P.L.950, No.164), known as the
10            Commonwealth Attorneys Act.
11                  (iv)    The act of June 25, 1982 (P.L.633, No.181),
12            known as the Regulatory Review Act.
13            (3)   The board's authority to adopt temporary regulations
14      under paragraph (2) shall expire two years after the
15      effective date of this paragraph. Regulations adopted after
16      this period shall be promulgated as provided by law.
17      (d)   Limits on institutional or engineering controls.--A
18   responsible person may not rely on institutional or engineering
19   controls as the sole remedy in a residential area unless the
20   department determines both of the following:
21            (1)   Complete removal is infeasible.
22            (2)   The controls provide long-term protection consistent
23      with subsection (a).
24   Section 606.     Mandatory timelines.
25      (a)   Required time frames.--Upon identification of an
26   immediate environmental concern, the department shall require a
27   responsible person to do all of the following:
28            (1)   Immediately undertake containment actions.
29            (2)   Complete a preliminary site assessment within 30
30      days.

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 1            (3)   Complete a remedial investigation within 90 days,
 2      including the delineation of the nature and extent of
 3      contamination.
 4            (4)   Implement remediation in accordance with a schedule
 5      approved by the department.
 6      (b)   Extensions.--The department may extend a time frame
 7   under subsection (a) for good cause based on site conditions.
 8   The department shall provide written justification for an
 9   extension under this subsection.
10   Section 607.    Department cleanup and cost recovery.
11      (a)   Department action.--If a responsible person fails to
12   comply with this chapter or a directive issued under section
13   604, the department may undertake cleanup and removal.
14      (b)   Recovery of costs.--A responsible person shall be liable
15   to the Commonwealth for all costs the department incurs under
16   this section, including all of the following:
17            (1)   Cleanup and removal costs.
18            (2)   Investigation and monitoring costs.
19            (3)   Administrative, legal and oversight costs.
20            (4)   Costs associated with providing alternative water
21      supplies or other permanent or interim protective measures.
22      (c)   Treble damages.--If the department undertakes cleanup
23   and removal under subsection (a) due to a responsible person's
24   failure to comply with a directive issued under section 604, the
25   responsible person shall be liable to the Commonwealth for
26   punitive damages in an amount not to exceed three times the
27   costs incurred.
28   Section 608.    Spill response funding and deposits.
29      (a)   Use of Hazardous Sites Cleanup Fund.--The department may
30   use the Hazardous Sites Cleanup Fund to pay the costs of

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 1   cleanup, removal, investigation, oversight and emergency
 2   response actions undertaken under this chapter.
 3      (b)   Deposits.--Money collected or recovered by the
 4   Commonwealth under this chapter, including amounts recovered
 5   under section 607 and civil penalties assessed for violations of
 6   this chapter, shall be deposited into the Hazardous Sites
 7   Cleanup Fund.
 8      (c)   Preservation of other remedies.--Nothing in this section
 9   shall limit the Commonwealth's authority to pursue other
10   remedies, penalties or damages available under this act or any
11   other State law.
12   Section 609.    Public information portal.
13      (a)   Establishment.--The department shall establish and
14   maintain an information portal to provide residents with current
15   information regarding a discharge that results in an immediate
16   environmental concern.
17      (b)   Contents.--To the extent practicable, the department
18   shall include all of the following information in the portal:
19            (1)   The location of the discharge and the area affected,
20      including the residential area the department identifies.
21            (2)   A plain-language summary of the nature and extent of
22      contamination known to the department.
23            (3)   A summary of response actions the department
24      requires or undertakes under this chapter, including a
25      directive issued under section 604.
26            (4)   The status of investigation, cleanup, removal and
27      remediation activities, including a time frame or extension
28      issued under section 606.
29            (5)   Information on protective measures the department
30      recommends, including the provision of an alternative water

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 1      supply or other permanent or interim protective measure.
 2            (6)   Department contact information for complaints,
 3      reports and requests for information regarding the discharge.
 4      (c)   Updates.--The department shall update the portal when
 5   the department receives information reflecting a material change
 6   in status.
 7   Section 610.     Relationship to other laws.
 8      (a)   Supplemental authority.--This chapter shall be construed
 9   as supplemental to other provisions of this act. Nothing in this
10   chapter shall be construed to limit the department's authority
11   under this act or any other State law pertaining to the
12   environment.
13      (b)   Land Recycling and Environmental Remediation Standards
14   Act.--Compliance with the act of May 19, 1995 (P.L.4, No.2),
15   known as the Land Recycling and Environmental Remediation
16   Standards Act, shall not relieve a responsible person of a duty
17   imposed under this chapter.
18      (c)   No liability protection.--Cleanup conducted under this
19   chapter shall not confer liability protection. A responsible
20   person may claim liability protection based solely on cleanup
21   conducted under this chapter only if the department expressly
22   approves the cleanup for that purpose.
23      Section 2.     Section 901(c) of the act is amended by adding a
24   paragraph to read:
25   Section 901.     Fund.
26      * * *
27      (c)   Funds.--Money from the following sources shall be
28   deposited in the fund:
29            * * *
30            (8.1)   Money collected or recovered by the Commonwealth

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1     under Chapter 6.
2         * * *
3     Section 3.    This act shall take effect in 60 days.




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