SB 524 — An Act amending Titles 27 (Environmental Resources) and 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in administrative provisions, providing for definitions, for coal-powered plants, for regulations, for natural gas and coal permit database, for natural gas and coal permit review procedure and for withdrawal from Regional Greenhouse Gas Initiative; in development relating to oil and gas, further providing for well permits and providing for leases in State parks and forests; and making an editorial change.

PRINTER'S NO.   498

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 524
                                                 Session of
                                                   2025

     INTRODUCED BY MASTRIANO, HUTCHINSON, J. WARD, KEEFER AND
        STEFANO, MARCH 26, 2025

     REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 26, 2025


                                     AN ACT
 1   Amending Titles 27 (Environmental Resources) and 58 (Oil and
 2      Gas) of the Pennsylvania Consolidated Statutes, in
 3      administrative provisions, providing for definitions, for
 4      coal-powered plants, for regulations, for natural gas and
 5      coal permit database, for natural gas and coal permit review
 6      procedure and for withdrawal from Regional Greenhouse Gas
 7      Initiative; in development relating to oil and gas, further
 8      providing for well permits and providing for leases in State
 9      parks and forests; and making an editorial change.
10      The General Assembly of the Commonwealth of Pennsylvania
11   hereby enacts as follows:
12      Section 1.    Part II heading of Title 27 of the Pennsylvania
13   Consolidated Statutes is amended to read:
14                                  PART II
15                         ADMINISTRATIVE PROVISIONS
16                                [(Reserved)]
17      Section 2.    Part II of Title 27 is amended by adding a
18   chapter to read:
19                                 CHAPTER 21
20                      PENNSYLVANIA ENERGY INDEPENDENCE
21   Sec.
 1   2101.    Definitions.
 2   2102.    Coal-powered plants.
 3   2103.    Regulations.
 4   2104.    Natural gas and coal permit database.
 5   2105.    Natural gas and coal permit review procedure.
 6   2106.    Withdrawal from Regional Greenhouse Gas Initiative.
 7   § 2101.    Definitions.
 8      The following words and phrases when used in this chapter
 9   shall have the meanings given to them in this section unless the
10   context clearly indicates otherwise:
11      "Coal-powered plant."     A facility that burns coal to make
12   steam in order to generate electricity.
13      "Department."     The Department of Environmental Protection of
14   the Commonwealth.
15   § 2102.    Coal-powered plants.
16      (a)     Findings.--The General Assembly finds and declares as
17   follows:
18             (1)   The Tenth Amendment to the Constitution of the
19      United States guarantees to the states and their people all
20      powers not granted to the Federal Government elsewhere in the
21      Constitution and reserves to the State and the people of
22      Pennsylvania certain powers as they were understood at the
23      time that Pennsylvania was admitted into Statehood in 1787.
24             (2)   The guaranty of those powers is a matter of contract
25      between the State and the people of Pennsylvania and the
26      United States as of the time that the compact with the United
27      States was agreed upon and adopted by Pennsylvania and the
28      United States in 1787.
29             (3)   The Ninth Amendment to the Constitution of the
30      United States guarantees to the people rights not granted in

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 1    the Constitution of the United States and reserves to the
 2    people of Pennsylvania certain rights as they were understood
 3    at the time that Pennsylvania was admitted into Statehood in
 4    1787.
 5        (4)   The guaranty of those rights is a matter of contract
 6    between the State and people of Pennsylvania and the United
 7    States as of the time that the compact with the United States
 8    was agreed upon and adopted by Pennsylvania and the United
 9    States in 1787.
10        (5)   The regulation of intrastate commerce, including the
11    natural environment as affected by intrastate business, is
12    vested in the states under the Ninth and Tenth Amendments to
13    the Constitution of the United States and is specifically
14    retained by the Commonwealth of Pennsylvania.
15        (6)   The regulation of the transportation and disposal of
16    hazardous waste, of the release of emissions, substances and
17    pollutants into the air in this Commonwealth, of the release
18    of pollutants into bodies of water in this Commonwealth, of
19    public water supplies in this Commonwealth, of wastewater
20    systems in this Commonwealth and the regulation of
21    production, exploration, drilling, development, operation,
22    transportation, processing and energy generation of coal,
23    coal products and materials or substances used in the
24    production, exploration, drilling, development, operation,
25    transportation, processing and energy generation of coal that
26    originate and remain inside this Commonwealth and have not
27    been proven and adjudicated by Federal court systems or this
28    Commonwealth's court systems to specifically be causing, or
29    to have caused, quantifiable harm to any person, business or
30    place beyond the borders of Pennsylvania shall be intrastate

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 1      commerce and shall not be subject to Federal law or
 2      regulation under the authority of the United States Congress
 3      to regulate interstate commerce.
 4      (b)    Exemption.--A coal-powered plant in this Commonwealth
 5   shall be exempt from the rules and regulations of the
 6   Environmental Protection Agency, to include:
 7             (1)   40 CFR Ch. 1 Subch. N Pt. 423 (relating to Steam
 8      Electric Power Generating Point Source Category).
 9             (2)   The Cross-State Air Pollution Rule under 40 CFR Ch.
10      1 Subch. C (relating to air programs).
11      (c)    Authority of department.--The department shall have the
12   exclusive power and duty to regulate natural gas and coal that
13   are extracted and used in this Commonwealth.
14   § 2103.    Regulations.
15      (a)    Authorization.--The department shall issue a report to
16   the General Assembly, within six months of the effective date of
17   this subsection, that identifies all current Federal and State
18   regulations affecting the natural gas and coal industries and
19   the respective economic impact of the rules and regulations.
20      (b)    Approval.--In addition to the procedure required by the
21   act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
22   Review Act, a regulation promulgated after the effective date of
23   this subsection that in any way affects the natural gas and coal
24   industries must be approved by a majority vote in the General
25   Assembly and approved by the Governor.
26   § 2104.    Natural gas and coal permit database.
27      The department shall establish and maintain, on the
28   department's publicly accessible Internet website, a database of
29   natural gas and coal permit applications and permits. The
30   database shall include:

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 1             (1)   Information about natural gas and coal permits that
 2      the department has granted.
 3             (2)   A tracking system for persons that have applied for
 4      natural gas or coal permits to check on the status of the
 5      applications.
 6             (3)   If the department rejects an application for a
 7      natural gas or coal permit, the legal authority for the
 8      rejection.
 9   § 2105.    Natural gas and coal permit review procedure.
10      (a)    Third-party contractor.--The department may enter into a
11   contract with a third party for the review of applications
12   submitted for natural gas or coal permits.
13      (b)    Time period for review.--The department shall conclude
14   review of a completed application for a natural gas or coal
15   permit within 45 days of receipt. If the department fails to
16   render a decision within the 45-day period, the application
17   shall be deemed approved if the administratively complete
18   application is accompanied by an affidavit executed under
19   penalty of perjury by a professional engineer, landscape
20   architect, geologist or land surveyor licensed by the
21   Commonwealth affirming that:
22             (1)   the contents of the application are true and correct
23      to the best of the individual's knowledge, information and
24      belief; and
25             (2)   the requirements for issuance of the individual
26      permit or for coverage or authorization to proceed under the
27      general plan approval or general permit stated in all
28      applicable environmental laws have been satisfied.
29   § 2106.    Withdrawal from Regional Greenhouse Gas Initiative.
30      The Commonwealth withdraws its entry into the Regional

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 1   Greenhouse Gas Initiative.
 2      Section 3.     Section 3211(d) of Title 58 is amended and the
 3   section is amended by adding a subsection to read:
 4   § 3211.    Well permits.
 5      * * *
 6      (d)    Permit fee.--Each application for a well permit shall be
 7   accompanied by a permit fee, established by the Environmental
 8   Quality Board, which bears a reasonable relationship to the cost
 9   of administering this chapter[.], provided that the fee may not
10   exceed:
11             (1)   The amount of $4,200 for a vertical unconventional
12      well.
13             (2)   The amount of $5,000 for a nonvertical
14      unconventional well.
15      * * *
16      (n)    Future modifications.--Any future modification to the
17   vertical or nonvertical unconventional well permit fee must be
18   approved by an act of the General Assembly.
19      Section 4.     Title 58 is amended by adding a section to read:
20   § 3228.    Leases in State parks and forests.
21      (a)    General rule.--Notwithstanding any other provision of
22   law to the contrary, the Governor may not impose, through
23   executive order or other action, a moratorium on the
24   Commonwealth from entering into leases for natural gas and oil
25   development in State parks and forests.
26      (b)    Existing moratorium.--Executive Order 2015-03 issued by
27   the Governor on January 29, 2015, published at 45 Pa.B. 766
28   (February 14, 2015), is void and shall have no force or effect
29   in law.
30      Section 5.     This act shall take effect as follows:

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1         (1)   The addition of 27 Pa.C.S. § 2106 shall take effect
2     immediately.
3         (2)   This section shall take effect immediately.
4         (3)   The remainder of this act shall take effect in 60
5     days.




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