Bill Summary – FastDemocracy

PRINTER'S NO.   3816
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 2661
                                                Session of
                                                  2024
     INTRODUCED BY COOPER, BERNSTINE, GILLEN, KAUFFMAN, MOUL,
        OBERLANDER, ROWE AND SCIALABBA, NOVEMBER 12, 2024
     REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 12, 2024
                                    AN ACT
 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
    "An act providing for and reorganizing the conduct of the
    executive and administrative work of the Commonwealth by the
    Executive Department thereof and the administrative
    departments, boards, commissions, and officers thereof,
    including the boards of trustees of State Normal Schools, or
    Teachers Colleges; abolishing, creating, reorganizing or
    authorizing the reorganization of certain administrative
    departments, boards, and commissions; defining the powers and
    duties of the Governor and other executive and administrative
    officers, and of the several administrative departments,
    boards, commissions, and officers; fixing the salaries of the
    Governor, Lieutenant Governor, and certain other executive
    and administrative officers; providing for the appointment of
    certain administrative officers, and of all deputies and
    other assistants and employes in certain departments, boards,
    and commissions; providing for judicial administration; and
    prescribing the manner in which the number and compensation
    of the deputies and all other assistants and employes of
    certain departments, boards and commissions shall be
    determined," providing for permit approval.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    The act of April 9, 1929 (P.L.177, No.175), known
 as The Administrative Code of 1929, is amended by adding an
 article to read:
                             ARTICLE VI-C
                             PERMIT APPROVAL
 Section 601-C.     Definitions.
    The following words and phrases when used in this article
 shall have the meanings given to them in this section unless the
 context clearly indicates otherwise:
    "Agency."     The term shall have the same meaning as under
 section 601-A.
    "Applicant."      An agency, person, political subdivision or
 designee that submits an application.
    "Application."     A submission to an agency by an applicant
 that seeks any of the following:
          (1)    A new permit.
          (2)    A permit renewal.
          (3)    A permit amendment.
          (4)    A permit modification.
          (5)    A permit transfer.
          (6)    A change of ownership of a permit.
    "Fee."      The term shall have the same meaning as under section
 601-A.
    "Law."      Commonwealth statutes and regulations promulgated in
 accordance with either the act of July 31, 1968 (P.L.769,
 No.240), referred to as the Commonwealth Documents Law, or the
 act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
 Review Act. The term includes Federal statutes and regulations
 to the extent the statute or regulation is administered or
 enforced by the Commonwealth.
    "Necessary information."       Plans, forms, fees, notifications,
 receipts, analyses, certifications, reports, drawings, diagrams
 or letters.
    "Permit."     An authorization issued by an agency which
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 approves the performance of a regulated activity under a law.
 The term includes authorization permits, certificates of public
 convenience, plan approvals and registrations under a general
 permit. The term does not include a certification, license or
 permit issued to an individual for personal use, including a
 person holding a license, registration, certificate or permit
 with a licensing board or licensing commission under the Bureau
 of Professional and Occupational Affairs.
 Section 602-C.    Filing of application.
    An application for a permit shall be stamped by the agency
 with the date of filing. An application shall be deemed to be
 filed with the agency on the date the application is delivered
 to the agency. Permissible means of delivery include:
          (1)   Personal delivery.
          (2)   United States Postal Service mail.
          (3)   Conventional commercial practice.
          (4)   Electronic transmission.
          (5)   Facsimile transmission.
 Section 603-C.    Time period.
    (a)   Action.--
          (1)   Subject to paragraph (2), an agency shall issue,
    renew, amend, modify, transfer or change the ownership of a
    permit or refuse to issue, renew, amend, modify, transfer or
    change the ownership of a permit within 30 days of the date
    the application was filed under section 602-C.
          (2)   The time requirement under paragraph (1) shall be
    tolled under section 605-C(c).
    (b)   Failure to act.--If the agency does not comply with
 subsection (a), section 607-C applies.
 Section 604-C.    Administratively complete application.
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    (a)   Contents.--An application is administratively complete
 if the application contains the necessary information or other
 information requested in the application, notwithstanding
 whether the necessary information or other information supplied
 in the application is sufficient to approve the application.
    (b)   Disagreements.--A disagreement between the agency and
 the applicant as to the substance or merits of, or professional
 judgment contained within, the application shall not render the
 application to be administratively incomplete.
    (c)   Presumption.--An application accompanied by an affidavit
 executed under penalty of perjury under 18 Pa.C.S. § 4902
 (relating to perjury) by a licensee under 63 Pa.C.S. (relating
 to professions and occupations (State licensed)) affirming that
 the application is administratively complete to the best of the
 licensee's knowledge, information and belief shall be presumed
 to be administratively complete. The licensee shall clearly
 establish in the affidavit how the licensee is qualified to
 affirm the application and how the qualifications of the
 licensee are germane to the application.
 Section 605-C.   Administratively incomplete application.
    (a)   Written statement.--An application determined by the
 agency to be administratively incomplete shall be returned to
 the applicant within 10 days of the date the application was
 filed under section 602-C, accompanied by a written statement of
 the specific necessary information or other information required
 to complete the application. The application shall be returned
 to the applicant by the same means of delivery in which the
 application was initially delivered to the agency, unless the
 agency declares in writing that doing so would be unreasonable
 or excessively costly for the agency to bear.
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    (b)   Identification.--An omission not identified in the
 manner provided under subsection (a) shall be deemed to be cured
 if not contained in the written statement under subsection (a).
    (c)   Tolling.--The time period under section 603-C(a) shall
 be tolled from the date the application is returned to the
 applicant until the date the application is refiled with the
 agency. The refiling of an application is subject to section
 602-C.
 Section 606-C.        Approval of application.
    The agency shall approve the application if the laws
 governing the applicable permit are satisfied.
 Section 607-C.        Application deemed approved.
    An administratively complete application shall be deemed
 approved if any of the following paragraphs apply:
          (1)   The agency fails to comply with the time requirement
    under section 603-C(a).
          (2)   The administratively complete application is
    accompanied by an affidavit executed under penalty of perjury
    under 18 Pa.C.S. § 4902 (relating to perjury) by a licensee
    under 63 Pa.C.S. (relating to professions and occupations
    (State licensed)) affirming that:
                (i)    the contents of the application are true and
          correct to the best of the licensee's knowledge,
          information and belief; and
                (ii)    the requirements for issuance, renewal,
          amendment, modification, transfer or change of ownership
          of the permit under all applicable laws have been
          satisfied.
 Section 608-C.        Jurisdiction over disputes.
    Commonwealth Court shall have original jurisdiction of all
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 civil actions or proceedings brought under this article.
 Section 609-C.   Construction.
    If there is a conflict between this article and another
 statute:
        (1)    Except as provided under paragraph (2), this article
    shall govern.
        (2)    Paragraph (1) shall not apply if the other statutory
    provision specifically states that it governs over this
    article.
    Section 2.    All acts and parts of acts are repealed insofar
 as they are inconsistent with the addition of Article VI-C of
 the act.
    Section 3.    Regulations in the Pennsylvania Code are
 abrogated insofar as they are inconsistent with the addition of
 Article VI-C of the act.
    Section 4.    This act shall take effect in 60 days.
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Statutes/Laws affected: 
Printer's No. 3816: P.L.177, No.175