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
Amending the act of July 13, 1988 (P.L.530, No.94), entitled "An
act establishing the Environmental Hearing Board as an
independent, quasi-judicial agency; providing for the
membership and staff, the powers and duties, the seats and
the existing members of the board; transferring certain
funds; and making repeals," further providing for definitions
and for jurisdiction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of July 13, 1988 (P.L.530,
No.94), known as the Environmental Hearing Board Act, is amended
to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Environmental Hearing Board of the
Commonwealth.
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth.
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"Record of decision." The document issued by the department
to an applicant which conveys the department's approval or
denial of a permit application, along with each document or
other evidence issued, created or relied upon by the department
in its consideration of the application, including, but not
limited to, correspondence to or from an applicant, any
administrative completeness determination, any technical
deficiency letter or written response thereto , any records or
documents submitted to the department regarding the application,
any public comment on the application and any written response
by the department or the applicant regarding public comment on a
permit application, other State agency written comment to a
permit application and written response by the department or
permit applicant.
"Rules committee." The Environmental Hearing Board Rules
Committee established under section 5.
"Secretary." The Secretary of Environmental Resources of the
Commonwealth.
Section 2. Section 4 of the act is amended by adding a
subsection to read:
Section 4. Jurisdiction.
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(c.1) Standard of review.--In an appeal of a permit issued
by the department in which a record of decision has been
prepared by the department at the time of the permit decision,
the review by the board shall be exclusively limited to the
record of decision. A party shall not be permitted to present
new evidence before the board that was not part of the record of
decision as considered by the department. Any party challenging
the decision of the department before the board must
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demonstrate, by a preponderance of the evidence, that the
department committed an abuse of its discretion in denying or
granting the permit application being appealed.
* * *
Section 3. This act shall take effect in 60 days.
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