SB 159 — An Act amending the act of July 13, 1988 (P.L.530, No.94), known as the Environmental Hearing Board Act, further providing for definitions and for jurisdiction.

PRINTER'S NO.    109

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 159
                                                Session of
                                                  2025

     INTRODUCED BY BARTOLOTTA, HUTCHINSON, STEFANO AND DUSH,
        JANUARY 23, 2025

     REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 23, 2025


                                     AN ACT
 1   Amending the act of July 13, 1988 (P.L.530, No.94), entitled "An
 2      act establishing the Environmental Hearing Board as an
 3      independent, quasi-judicial agency; providing for the
 4      membership and staff, the powers and duties, the seats and
 5      the existing members of the board; transferring certain
 6      funds; and making repeals," further providing for definitions
 7      and for jurisdiction.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.     Section 2 of the act of July 13, 1988 (P.L.530,
11   No.94), known as the Environmental Hearing Board Act, is amended
12   to read:
13   Section 2.    Definitions.
14      The following words and phrases when used in this act shall
15   have the meanings given to them in this section unless the
16   context clearly indicates otherwise:
17      "Board."     The Environmental Hearing Board of the
18   Commonwealth.
19      "Department."     The Department of Environmental [Resources]
20   Protection of the Commonwealth.
 1      "Record of decision."      The document issued by the department
 2   to an applicant which conveys the department's approval or
 3   denial of a permit application, along with each document or
 4   other evidence issued, created or relied upon by the department
 5   in its consideration of the application, including, but not
 6   limited to, correspondence to or from an applicant, any
 7   administrative completeness determination, any technical
 8   deficiency letter or written response thereto, any records or
 9   documents submitted to the department regarding the application,
10   any public comment on the application and any written response
11   by the department or the applicant regarding public comment on a
12   permit application, other State agency written comment to a
13   permit application and written response by the department or
14   permit applicant.
15      "Rules committee."    The Environmental Hearing Board Rules
16   Committee established under section 5.
17      "Secretary."     The Secretary of Environmental Resources of the
18   Commonwealth.
19      Section 2.    Section 4 of the act is amended by adding a
20   subsection to read:
21   Section 4.    Jurisdiction.
22      * * *
23      (c.1)     Standard of review.--In an appeal of a permit issued
24   by the department in which a record of decision has been
25   prepared by the department at the time of the permit decision,
26   the review by the board shall be exclusively limited to the
27   record of decision. A party shall not be permitted to present
28   new evidence before the board that was not part of the record of
29   decision as considered by the department. Any party challenging
30   the decision of the department before the board must

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1   demonstrate, by a preponderance of the evidence, that the
2   department committed an abuse of its discretion in denying or
3   granting the permit application being appealed.
4      * * *
5      Section 3.   This act shall take effect in 60 days.




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