HB 52 — An Act amending the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, providing for building permits and endangered and threatened species; and making an appropriation.

PRINTER'S NO.   42

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 52
                                                Session of
                                                  2025

     INTRODUCED BY HOWARD, GIRAL, PIELLI, SANCHEZ, KHAN, GUENST,
        VITALI, HILL-EVANS, SHUSTERMAN, OTTEN AND MADDEN,
        JANUARY 14, 2025

     REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
        PROTECTION, JANUARY 14, 2025


                                     AN ACT
 1   Amending the act of November 10, 1999 (P.L.491, No.45), entitled
 2      "An act establishing a uniform construction code; imposing
 3      powers and duties on municipalities and the Department of
 4      Labor and Industry; providing for enforcement; imposing
 5      penalties; and making repeals," providing for building
 6      permits and endangered and threatened species; and making an
 7      appropriation.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The act of November 10, 1999 (P.L.491, No.45),
11   known as the Pennsylvania Construction Code Act, is amended by
12   adding a chapter to read:
13                                  CHAPTER 6
14                      BUILDING PERMITS AND ENDANGERED
15                          AND THREATENED SPECIES
16   Section 601.    Definitions.
17      The following words and phrases when used in this chapter
18   shall have the meanings given to them in this section unless the
19   context clearly indicates otherwise:
 1      "Applicant."       A person seeking a building permit from a
 2   municipality for proposed construction.
 3      "Endangered or threatened species."       Any of the following:
 4            (1)   An endangered species as defined under any of the
 5      following:
 6                  (i)    30 Pa.C.S. § 102 (relating to definitions).
 7                  (ii)    34 Pa.C.S. § 102 (relating to definitions).
 8            (2)   A threatened species as defined under any of the
 9      following:
10                  (i)    30 Pa.C.S. § 102.
11                  (ii)    34 Pa.C.S. § 102.
12            (3)   A classification established under section 7(b) of
13      the act of June 23, 1982 (P.L.597, No.170), known as the Wild
14      Resource Conservation Act, and regulations promulgated in
15      accordance with that act.
16      "Proposed construction."       Any of the following:
17            (1)   New construction of a residential building,
18      nonresidential building or other structure in the
19      municipality.
20            (2)   An addition involving a nonresidential building or
21      other structure in the municipality.
22   Section 602.     Authorization.
23      A municipality may not issue a building permit to an
24   applicant unless all of the conditions under this chapter are
25   satisfied.
26   Section 603.     Required information.
27      (a)   Purpose.--An applicant shall, in addition to satisfying
28   other building permit conditions required by law, submit
29   information for a determination of any negative effect on
30   endangered or threatened species as a result of proposed

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 1   construction.
 2      (b)   Contents.--The information required under this section
 3   shall include the following:
 4            (1)   The name, mailing address, telephone number and
 5      other contact information of the applicant.
 6            (2)   The name, mailing address, telephone number and
 7      other contact information of the municipality in which the
 8      proposed construction is to be located.
 9            (3)   The location and nature of the proposed
10      construction.
11      (c)   Submittal.--The information required under this section
12   shall be submitted to the following:
13            (1)   The Pennsylvania Fish and Boat Commission.
14            (2)   The Pennsylvania Game Commission.
15            (3)   The Department of Conservation and Natural
16      Resources.
17      (d)   Additional information.--An entity specified under
18   subsection (c) may require:
19            (1)   A specific form on which to provide any or all of
20      the required information.
21            (2)   A sketch plan, preliminary plan or final plan,
22      together with engineering comments, regarding the proposed
23      construction.
24   Section 604.    Review and determination.
25      (a)   Requirements.--Within 90 days of the submittal of the
26   information under section 603, each entity under section 603(c)
27   shall review the information and shall:
28            (1)   Determine whether there exists any negative effect
29      on endangered or threatened species as a result of the
30      proposed construction. In making the determination, the

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 1      entity may:
 2                  (i)    Require a site visit to the location of the
 3            proposed construction.
 4                  (ii)    Engage in discussions with the applicant or
 5            engineer or other professional involved in the proposed
 6            construction.
 7                  (iii)    Work in collaboration and consultation with
 8            the other specified entities and other governmental
 9            entities at the Federal, State and local levels.
10                  (iv)    Provide recommendations on remedial action that
11            may be taken to mitigate the negative effect on
12            endangered or threatened species.
13            (2)   Provide written confirmation of the effect on
14      endangered or threatened species as a result of the proposed
15      construction to:
16                  (i)    The applicant.
17                  (ii)    The municipality in which the proposed
18            construction is to be located.
19      (b)   Noncompliance by entity.--If an entity under section
20   603(c) does not comply with the requirements specified under
21   subsection (a):
22            (1)   It shall be presumed that there exists no negative
23      effect on endangered or threatened species as a result of the
24      proposed construction.
25            (2)   The municipality in which the proposed construction
26      is to be located may issue a building permit to the applicant
27      for the proposed construction.
28   Section 605.     Determination of negative effect.
29      (a)   Restriction on municipality.--If an entity under section
30   603(c) determines that there exists a negative effect on

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 1   endangered or threatened species as a result of the proposed
 2   construction, the municipality in which the proposed
 3   construction is to be located may not issue a building permit
 4   for the proposed construction unless the applicant mitigates or
 5   eliminates the negative effect on endangered or threatened
 6   species, to the satisfaction of the entity that determined the
 7   existence of the negative effect.
 8      (b)   Resubmittal of information.--
 9            (1)   An applicant may be required by any of the following
10      to resubmit the information under section 603 to reflect
11      efforts to mitigate or eliminate a negative effect on
12      endangered or threatened species as a result of the proposed
13      construction:
14                  (i)    The municipality in which the proposed
15            construction is to be located.
16                  (ii)    An entity under section 603(c) that initially
17            determined the existence of the negative effect.
18            (2)   In the case of a resubmittal of information under
19      this subsection, the requirements and conditions specified
20      under section 604 apply.
21   Section 606.     Fees.
22      (a)   Authorization.--An entity under section 603(c) may
23   charge a reasonable fee to cover the costs related to the review
24   and determination under section 604 and a resubmittal of
25   information under section 605(b).
26      (b)   Considerations in determining fee.--The fee under
27   subsection (a) may reflect the need for the following expenses
28   incurred or anticipated to be incurred as a result of the review
29   and determination:
30            (1)   Additional staffing or training.

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 1          (2)     Travel for a site visit.
 2          (3)     Other necessary administrative expenses.
 3   Section 607.    Notice.
 4      Within 10 days of receiving the written confirmation from an
 5   entity under section 603(c) of the existence of a negative
 6   effect on endangered or threatened species as a result of
 7   proposed construction, the municipality in which the proposed
 8   construction is to be located shall provide written notice to
 9   the applicant that a building permit will not be issued for the
10   proposed construction until the negative effect is mitigated or
11   eliminated.
12   Section 608.    Appeal.
13      If an applicant is aggrieved by the denial of the issuance of
14   a building permit as a result of the determination by an entity
15   under section 603(c) regarding the existence of a negative
16   effect on endangered or threatened species as specified in this
17   chapter, the applicant may, within 30 days of receiving the
18   written notice under section 607, appeal the denial of the
19   building permit as provided under section 501 or, if applicable,
20   as otherwise provided under law.
21   Section 609.    Appropriation.
22      The sum of $20,000,000 is appropriated from the General Fund
23   to the entities under section 603(c) for the purpose of
24   recruiting and training the necessary staff to administer this
25   chapter.
26   Section 610.    Applicability.
27      This chapter does not apply to the following:
28          (1)     The addition, alteration or repair of a residential
29      building.
30          (2)     The alteration or repair of a nonresidential

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1     building or other structure.
2     Section 2.    This act shall take effect as follows:
3         (1)   The following shall take effect immediately:
4               The addition of section 609 of the act.
5               This section.
6         (2)   The remainder of this act shall take effect in 180
7     days.




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