An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for commercial haulers and brokers of animal and food processing residuals; and imposing penalties.

PRIOR PRINTER'S NOS. 596, 1467 PRINTER'S NO. 2390
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 587
Session of
2025
INTRODUCED BY FRIEL, GLEIM, TAKAC, BURGOS, LABS, KHAN, GIRAL,
VENKAT, VITALI, STAMBAUGH, KENYATTA, PIELLI, CUTLER, SANCHEZ,
CEPEDA-FREYTIZ, MALAGARI, HILL-EVANS, OTTEN, ZIMMERMAN,
WEBSTER, GREEN AND PASHINSKI, FEBRUARY 12, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 1, 2025
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for commercial haulers and brokers of
animal and food processing residuals; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding a chapter to read:
CHAPTER 13
COMMERCIAL HAULERS AND BROKERS OF
ANIMAL AND FOOD PROCESSING RESIDUALS
Sec.
1301. Definitions.
1302. AFPR commercial hauler and broker certification program.
1303. Requirements for commercial haulers and commercial
brokers of AFPRs.
1304. Unlawful conduct.
1305. Administrative penalties.
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1306. Civil remedies.
1307. Enforcement orders, suspension or revocation of
certification.
1308. Powers reserved under existing laws.
1309. Preemption of local ordinances.
1310. Mitigation.
1311. TEMPORARY RULEMAKING AUTHORITY.
§ 1301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"AFPR" or "AFPRs." Animal processing residuals and food
processing residua ls.
"Agricultural operation" or "operation." The management and
use of farming resources for the production of crops, livestock
or poultry.
"Agricultural operator." A person that has management
control of an agricultural operation.
"Animal processing residuals." Residual materials in liquid
or solid form generated in the slaughtering, processing or
converting of poultry, livestock, fish, seafood, milk, meat or
eggs into human food or animal feed.
"Board." The Agricultural Advisory Board established under
27 Pa.C.S. § 702 (relating to establishment of board).
"Commercial broker." A person that as sumes temporary control
or ownership of animal processing residuals or food processing
residuals and directly or indirectly arranges for transport to
and utilization at a receiving operation or other location.
"Commercial hauler." A person that transports or land-
applies animal processing residuals or food processing residuals
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as a contract agent for an agricultural operator or commercial
broker under the direction of the operator or broker.
"Commission." The State Conservation Commission established
under section 4 of the act of May 15, 1945 (P.L.547, No.217),
known as the Conservation District Law.
"Food processing residuals." Residual materials generated in
the processing, converting or manufacturing of fruits,
vegetables, crops and other commodities into human food or
animal feed.
"Receiving operation." A person that receives and utilizes
or processes animal processing residuals or food processing
residuals not produced under the management control of that
person.
"Solid Waste Management Act." The act of July 7, 1980
(P.L.380, No.97), known as the Solid Waste Management Act.
§ 1302. AFPR commercial hauler and broker certification
program.
(a) Duties of department.--
(1) The department shall establish, in consultation with
the commission and the board, an AFPR commercial hauler and
broker certification program for the purpose of certifying
persons to store, transfer, transport or land-apply AFPRs.
(2) The department shall, by regulation, establish
terms, conditions and fees for certification as the
department deems appropriate.
(3) The department shall develop, in consultation with
the commission and the board, training, educational
requirements, testing and other criteria as the department
deems necessary for certification. The training shall
address, at a minimum, the following topics:
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(i) Laws, regulations and orders regarding AFPR use,
storage, transfer, transport and land application.
(ii) Best management practices with respect to AFPR
storage, hauling and land application, transport safety
procedures, calibration of application rates for various
types of application equipment, setbacks from water
sources and property lines, AFPR runoff concerns and
incorporation techniques.
(iii) Recordkeeping obligations by commercial
haulers or commercial brokers necessary to comply with
this chapter and the Solid Waste Management Act.
(b) Training program approval.-- The department may approve
training and education programs developed by educational
institutions or entities within this Commonwealth that satisfy
the requirements of this section.
§ 1303. Requirements for commercial haulers and commercial
brokers of AFPRs.
(a) Certification requirement.--A commercial hauler or
commercial broker may not store, transfer, transport or land-
apply animal processing residuals or food processing residuals
in this Commonwealth, regardless of where the animal processing
residuals or food processing residuals are generated, unless the
commercial hauler or commercial broker meets all of the
following requirements:
(1) Has successfully completed the certification program
under section 1302 (relating to AFPR commercial hauler and
broker certification program).
(2) Has been issued certification by the department.
(3) Maintains certification in accordance with the
certification program's requirements.
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(b) Land application of AFPRs.--A commercial hauler or
commercial broker shall land-apply AFPRs in accordance with this
chapter and the Solid Waste Management Act.
(c) Storage, transfer and transport of AFPRs.--A commercial
hauler or commercial broker shall store, transfer and transport
AFPRs in accordance with this chapter and the Solid Waste
Management Act.
(d) Records.--Commercial haulers or commercial brokers sh all
maintain records in accordance with this chapter and the Solid
Waste Management Act of all AFPRs that the commercial haulers or
commercial brokers store, broker, transport or land-apply.
Records shall be retained for three years and shall be made
available upon request of the department.
§ 1304. Unlawful conduct.
It shall be unlawful to violate, cause or assist in the
violation of any of the following:
(1) A provision of this chapter.
(2) A regulation promulgated under this chapter.
(3) An order issued under this chapter.
(4) A provision of the Solid Waste Management Act
applicable to the activities of commercial haulers or
commercial brokers. Enforcement of violations under this
paragraph shall be conducted by the Department of
Environmental Protection.
§ 1305. Administrative penalties.
(a) Penalties.--
(1) In addition to proceeding under any other remedy
available at law or in equity for a violation of this
chapter, the department may assess an administrative penalty
of up to $1,000 for the first day of a violation of this
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chapter and $500 for each day the violation continues. In
determining the penalty amount, the department shall consider
the following factors:
(i) The seriousness of the violation.
(ii) The potential harm to the public.
(iii) The potential effect on the environment.
(iv) The willfulness of the violation.
(v) Any history of prior violations.
(vi) The economic benefit derived by the violator
for noncompliance with this chapter.
(2) If the department finds that the violation does not
cause harm to human health or an adverse effect on the
environment, the department may issue a warning in lieu of a
penalty if the violator, upon notice, takes immediate action
to correct the violation and comply with this chapter.
(3) A person may appeal a penalty to the secretary
within 30 days of the date of the penalty assessment. The
secretary shall issue a decision on the appeal within 30 days
of the appeal. If no decision is issued by the secretary
within the time period specified under this paragraph, the
assessment of the penalty shall be deemed withdrawn. Appeals
shall be governed by 2 Pa.C.S. Chs. 5 Subch. A (relating to
practice and procedure of Commonwealth agencies) and 7 Subch.
A (relating to judicial review of local agency action).
(b) Collection.--In the case of an inability to collect
the penalty under subsection (a) or failure of a person to pay
all or a portion of the penalty, the department may refer the
matter to the Office of General Counsel or the Office of
Attorney General, which may institute an action in a court of
competent jurisdiction to recover the penalty. A penalty
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assessed on a person for a violation of this chapter shall
operate as a lien on the property of the person.
§ 1306. Civil remedies.
(a) Action at law.-- The Office of General Counsel may
institute an action at law in a court of competent jurisdiction
to recover damages for a violation of this chapter, a regulation
promulgated under this chapter or an order issued under this
chapter.
(b) Action in equity.-- The Office of General Counsel may
institute an action in equity in a court of competent
jurisdiction to restrain a violation of this chapter, a
regulation promulgated under this chapter or an order issued
under this chapter. In a proceeding under this subsection, the
following shall apply:
(1) The court may fix a reasonable time during which the
defendant may make provision for the abatement of the
violation.
(2) The court may issue a preliminary or special
injunction or temporary restraining order where circumstances
warrant or public health is endangered.
(3) The court shall issue a preliminary injunction upon
finding that the defendant is engaging in unlawful conduct
prohibited under this chapter or is causing immediate or
irreparable harm to the public.
(4) The Commonwealth shall not be required to furnish
bond.
(5) The court may grant equitable relief in addition to
damages under subsection (a).
§ 1307. Enforcement orders, suspension or revocation of
certification.
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(a) Orders.-- The department may issue orders necessary to
enforce this chapter. Orders shall take effect upon notice
unless otherwise specified.
(b) Suspension or revocation.-- The department may suspend or
revoke certification of a commercial hauler or commercial broker
upon finding that the commercial hauler or commercial broker has
failed to comply or continues noncompliance with any of the
following:
(1) A provision of this chapter.
(2) Certification criteria or requirements.
(3) A regulation promulgated under this chapter.
(4) An order issued under this chapter.
(5) A provision of the Solid Waste Management Act
applicable to the activities conducted by the commercial
hauler or commercial broker.
(c) Appeals.-- A person may appeal an order, suspension or
revocation under this section to the secretary within 30 days of
the date of the order, suspension or revocation. The secretary
shall issue a decision on the appeal within 30 days of the
appeal. If no decision is issued by the secretary within the
time period specified under this paragraph, the order,
suspension or revocation shall be deemed withdrawn. Appeals
shall be governed by 2 Pa.C.S. Chs. 5 Subch. A (relating to
practice and procedure of Commonwealth agencies) and 7 Subch. A
(relating to judicial review of local agency action).
§ 1308. Powers reserved under existing laws.
(a) Reservation.-- Nothing in this chapter shall be construed
to limit the powers of the department, the commission or the
Department of Environmental Protection under other State laws,
including the act of June 22, 1937 (P.L.1987, No.394), known as
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The Clean Streams Law, the Solid Waste Management Act and common
law.
(b) Judicial jurisdiction.-- A court exercising equitable
jurisdiction in accordance with section 1306(b) (relating to
civil remedies) shall not be deprived of jurisdiction even
though a nuisance or condition detrimental to public health is
subject to regulation or other action by the department under
this chapter.
§ 1309. Preemption of local ordinances.
This chapter is of Statewide concern, occupies the whole
field of regulation regarding the certification of and the
requirements under section 1303 (relating to re quirements for
commercial haulers and commercial brokers of AFPRs) for
commercial haulers and commercial brokers and preempts all local
ordinances and regulations governing the certification or
regulation of commercial haulers and commercial brokers of
AFPRs.
§ 1310. Mitigation.
A commercial hauler or commercial broker that is properly
certified under this chapter and in compliance with all
applicable provisions of this chapter, regulations promulgated
under this chapter, orders issued under this chapter and the
Solid Waste Management Act shall be afforded appropriate
consideration as a mitigating factor in any action arising from
the storage, transfer, transport or land application of AFPRs by
the commercial hauler or commercial broker.
Section 2. This act shall take effect as follows:
(1) The addition of 3 Pa.C.S. § 1302(a) shall take
effect in 18 months.
(2) This section shall take effect immediately.
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(3) The remainder of this act shall take effect in 60
days.
§ 1311. TEMPORARY RULEMAKING AUTHORITY.
(A) PROMULGATION.--IN ORDER TO FACILITATE THE PROMPT
IMPLEMENTATION OF SECTION 1302 (RELATING TO AFPR COMMERCIAL
HAULER AND BROKER CERTIFICATION PROGRAM), THE DEPARTMENT SHALL
PROMULGATE TEMPORARY REGULATIONS THAT SHALL EXPIRE NO LATER THAN
THREE YEARS FOLLOWING THE PUBLICATION OF THE TEMPORARY
REGULATIONS. THE DEPARTMENT MAY PROMULGATE TEMPORARY REGULATIONS
NOT SUBJECT TO:
(1) SECTION 612 OF THE ACT OF APRIL 9, 1929 (P.L.177,
NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929.
(2) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT OF
JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE
COMMONWEALTH DOCUMENTS LAW .
(3) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
ATTORNEYS ACT.
(4) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT .
(B) EXPIRATION.--THE DEPARTMENT'S AUTHORITY TO ADOPT
TEMPORARY REGULATIONS UNDER SUBSECTION (A) SHALL EXPIRE TWO
YEARS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION. REGULATIONS
ADOPTED AFTER THIS PERIOD SHALL BE PROMULGATED AS PROVIDED BY
LAW BEFORE THE EXPIRATION OF THE TEMPORARY REGULATIONS UNDER
SUBSECTION (A).
SECTION 2. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING SHALL TAKE EFFECT IMMEDIATELY:
THE ADDITION OF 3 PA.C.S. §§ 1301, 1302 AND 1311.
THIS SECTION.
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(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JANUARY
1, 2027.
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