An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in Pennsylvania Economic Development for a Growing Economy (PA EDGE) Tax Credits, providing for streamlining permits for economic expansion and development program; and making a repeal.

PRINTER'S NO. 2074
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1689
Session of
2025
INTRODUCED BY STENDER, ARMANINI, BASHLINE, FRITZ, GILLEN,
KEPHART, MENTZER, E. NELSON, OLSOMMER, RADER, SCHEUREN, SMITH
AND ZIMMERMAN, JULY 1, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, JULY 1, 2025
AN ACT
Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
act relating to tax reform and State taxation by codifying
and enumerating certain subjects of taxation and imposing
taxes thereon; providing procedures for the payment,
collection, administration and enforcement thereof; providing
for tax credits in certain cases; conferring powers and
imposing duties upon the Department of Revenue, certain
employers, fiduciaries, individuals, persons, corporations
and other entities; prescribing crimes, offenses and
penalties," in Pennsylvania Economic Development for a
Growing Economy (PA EDGE) Tax Credits, providing for
streamlining permits for economic expansion and development
program; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Article XVII-L of the act of March 4, 1971
(P.L.6, No.2), known as the Tax Reform Code of 1971, is amended
by adding subarticles to read:
SUBARTICLE B.1
(Reserved)
SUBARTICLE B.2
STREAMLINING PERMITS FOR
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ECONOMIC EXPANSION AND DEVELOPMENT PROGRAM
Section 1711.2-L. Scope of subarticle.
This subarticle relates to the expedited review of permit
applications submitted to the department.
Section 1712.2-L. 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:
"Applicant." An entity listed under section 1713.2-L that
submits an application to the permitting entity under section
1713.2-L.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Eligible permit." All permits and approvals issued by a
permitting entity.
"Permit decision." The issuance or denial of a permit.
"Permit decision timeline." One of the following:
(1) the total number of business days allotted for
review of an eligible permit in Final Technical Guidance
document 021-2100-001, notice of which was published in the
Pennsylvania Bulletin on November 3, 2012, as directed by
executive order 2012-l, known as the Permit Decision
Guarantee;
(2) the total number of business days allocated for
review of an eligible permit as determined by the department,
if not included in the notice under paragraph (1); or
(3) the total number of business days agreed to between
the applicant and permitting entity.
"Permitting entity." Either of the following:
(1) The department.
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(2) A county conservation district with a valid
delegation agreement with the department to conduct reviews
of permits to conduct earth disturbance activities issued
under 25 Pa. Code Ch. 102 (relating to erosion and sediment
control).
"Priority review." Heightened review in which a decision to
issue or deny an eligible permit application shall be rendered
within 10 business days of the expiration of the permit decision
timeline by the Regional Director or Bureau Director overseeing
that permitting program or the applicable county conservation
district.
"Program." The Streamlining Permits for Economic Expansion
and Development Program established under section 1713.2-L.
"Qualified professional." An individual who satisfies the
requirements under section 1713.2-L.
"Tolling period." The time period commencing on the date
that the permitting entity sends a notice that the application
is incomplete or technically deficient under section 1713.2-L
and ending on the date when the permitting entity receives the
applicant's resubmitted application.
Section 1713.2-L. The Streamlining Permits for Economic
Expansion and Development Program.
(a) Establishment.--The Streamlining Permits For Economic
Expansion And Development Program is established within the
department to provide an expedited review process for eligible
permits.
(b) Process.--Within 60 days of the effective date of this
subsection, the department, in consultation with the Department
of General Services, shall establish a process to, and within 90
days shall, issue requests for proposals to engage qualified
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professionals to provide expedited reviews of eligible permits.
(c) Qualified professional.--An individual who:
(1) is a professional engineer, land surveyor,
geologist, landscape architect or other licensed professional
who may be necessary to review applications under the review
program;
(2) has five years of relevant permitting experience in
this Commonwealth;
(3) holds all required professional licenses as required
by law;
(4) has not been convicted of, or pled guilty to:
(i) an environmental crime, or a similar or related
criminal offense under Federal or State law; or
(ii) a crime involving fraud, theft by deception,
forgery or a similar or related criminal offense under
Federal or State law;
(5) has not had a professional license revoked by a
State licensing board or any other professional licensing
agency within the previous 10 years; and
(6) agrees to be responsible for the qualified
professional's costs if the qualified professional does not
perform the initial review according to the timeline and
other requirements of subsection (g).
(d) Application.--An applicant for an eligible permit may
request to participate in the program. The applicant seeking to
participate in the program shall, in a form and manner as
prescribed by the department:
(1) indicate an intent to participate in the program;
(2) agree to pay all costs associated with the expedited
review of an eligible permit; and
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(3) submit a completed application to the permitting
entity.
(e) Eligible applicant.--A person, corporation,
municipality, municipal authority, political subdivision,
Federal or State agency or other legal entity may submit an
application under subsection (c).
(f) Qualified professional selection.--
(1) Within 10 business days of receiving a request to
participate in the program, the permitting entity shall:
(i) If there are more than 10 eligible and available
qualified professionals, provide the applicant with a
list of three qualified professionals from which to
select a qualified professional to conduct an initial
permit review.
(ii) If there are more than 1 and less than 10
eligible and available qualified professionals, select a
qualified professional to conduct an initial permit
review.
(2) Prior to agreeing to perform an initial permit
review, the qualified professional shall certify to the
department, in a form and manner prescribed by the
department, that the qualified professional:
(i) has not performed services for the applicant
within three years of the date of submission of the
permit application; and
(ii) does not have any other conflict of interest
that may prohibit the qualified professional from
performing the initial permit review.
(3) The permit decision timeline shall commence on the
day following the qualified professional's submission of the
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certification required under paragraph (2).
(g) Initial permit review.--The qualified professional shall
conduct an initial comprehensive review of the eligible permit,
which shall:
(1) Be subject to all standards, technical
specifications, scope of review and other requirements as
required by the department.
(2) Be conducted on a timeline established by the
department that will enable a permit decision within the
permit decision timeline.
(3) Be in accordance with all applicable Federal and
State laws and regulations, including applicable Federal and
State laws and regulations to protect public health, safety
and the environment.
(4) Include a recommendation as to the permit decision,
which shall include:
(i) a list of deficiencies, if any; and
(ii) an analysis of the basis for the recommendation
and supporting documentation as required by the
department.
(5) Be subjected to the final review of the permitting
entity in accordance with subsection (h).
(h) Final review and permit decision.--Upon completion of an
initial permit review under subsection (g), the permitting
entity shall review the recommendation of the qualified
professional and take any additional action needed prior to
making a final permit decision. The following shall apply:
(1) If the permitting entity reviews the application and
the recommendation of the qualified professional and
determines that the application is complete and not
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technically deficient, the permitting entity shall complete
the final review and make a final permit decision regarding
an eligible permit under the program within the permit
decision timeline.
(2) If the permitting entity reviews the application and
the recommendation of the qualified professional and
determines that the application is incomplete or technically
deficient, the permitting entity shall notify the applicant
in writing or by electronic means of all of the following:
(i) The statute or regulation that requires a
correction or additional information within the
application.
(ii) The reasons why the application does not
conform with the statute or regulation specified under
subparagraph (h) in clear language that is readily
understandable by a layperson.
(iii) The correction or additional information
needed for the permitting entity to issue the permit.
(3) Failure by the permitting entity to issue a permit
decision within the permit decision timeline shall result in
the application immediately being subject to priority review,
unless waived by the applicant.
(4) Failure by the department to issue a permit decision
by the conclusion of the priority review period shall result
in a refund to the applicant equal to the actual costs of the
qualified professionals review and total permit fees paid by
the applicant, unless waived by the applicant.
(5) Failure by the conservation district to issue a
permit decision by the conclusion of the priority review
period shall result in a refund to the applicant equal to the
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total permit fees paid by the applicant, unless waived by the
applicant.
(6) Failure by the permitting entity to issue a permit
decision by the conclusion of the priority review period
shall constitute a permitting entity decision subject to the
Environmental Hearing Board's jurisdiction under section 4 of
the act of July 13, 1988 (P.L.530, No.94), known as the
Environmental Hearing Board Act. The following shall apply:
(i) Upon a properly filed appeal of the permitting
entity's decision not to issue a permit by the conclusion
of the priority review period, the Environmental Hearing
Board may hold a hearing and issue an adjudication
consistent with the Environmental Hearing Board's
practice and procedure under 25 Pa. Code Ch. 1021
(relating to practice and procedure) and may remand the
matter back to the permitting entity to make a permit
decision by a specified date.
(ii) The Environmental Hearing Board's review in the
appeal under subparagraph (h) shall be limited to the
permitting entity's decision not to issue permits within
the allotted timeline under this section.
(iii) The Environmental Hearing Board shall set any
appeal brought under this section for expedited
consideration.
(7) The permit decision timeline shall not include more
than two tolling periods during the permitting entity's final
review, unless waived by the applicant.
(8) If the permitting entity denies a permit, the
permitting entity shall notify the applicant in writing or by
electronic means of the procedure an applicant is required to
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employ to initiate an appeal of an adverse permitting entity
decision.
(i) Actual costs for expedited review.--The applicant shall
pay the actual costs, as determined by the department, of the
expedited review. The following shall apply:
(1) The actual costs shall be based on an hourly rate
charged by the qualified professional and the number of hours
required to perform the expedited review or a set fee charged
by the qualified professional.
(2) The applicant must pay all other applicable fees
associated with the eligible permit.
(3) Each year, the department shall publish the hourly
rates or set fees of the qualified professional engaged under
subsection (b).
Section 1714.2-L. Tracking system for permit application.
(a) Establishment.--The department shall establish, maintain
and make available a secure tracking system for applications
submitted electronically to the department to allow applicants
to track the status of applications. The tracking system shall
be published on the department's publicly accessible Internet
website within 180 days of the effective date of legislation
fully funding the development of the secure tracking system.
(b) Notice.--Within five business days after receiving an
application, the department shall notify an applicant in writing
or by electronic means that the application was received and
provide information instructing the applicant in the utilization
of the tracking system established under subsection (a).
(c) System contents.--The tracking system shall include the
following:
(1) The processing timeline for each permit, the
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statutory and regulatory authority and the department's
policy establishing the processing timeline.
(2) The dates associated with the receipt of each
permit, completeness review, technical review, priority
review, if necessary, and the final permit decision.
(3) The identity and contact information for the
department contact assigned to answer questions about the
application process.
Section 1715.2-L. Construction.
Nothing in this subarticle shall be construed to:
(1) limit or otherwise alter the department's authority
to revoke a permit for failure to comply with the laws of
this Commonwealth; or
(2) require the department to operate the program in
violation of Federal law or regulation.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
Subarticle B.2 of Article XVII-L of the act.
(2) Article XVIII of the act of April 9, 1929 (P.L.343,
No.176), known as The Fiscal Code, is repealed.
Section 3. This act shall take effect in 60 days.
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