SENATE AMENDED
        PRIOR PRINTER'S NOS. 406, 988, 1538,          PRINTER'S NO. 4235
        2864, 4230

        INTRODUCED BY FEESE, GEORGE, MAITLAND, SNYDER, BARRAR, TIGUE,
           PLATTS, GEIST, NICKOL, FARGO, CORRIGAN, KREBS, SAYLOR,
           CHADWICK, DEMPSEY, TRELLO, LAUGHLIN, LYNCH, LEH, STAIRS,
           HERMAN, WALKO, CURRY, HENNESSEY, MASLAND, MAHER, CLARK,
           STERN, STEIL, BAKER, SCHRODER, McCALL, GANNON, S. H. SMITH,
           YOUNGBLOOD, SEYFERT, STEELMAN, E. Z. TAYLOR, WILT, ORIE,
           MICHLOVIC AND THOMAS, FEBRUARY 8, 1999

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 21, 2000

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) 27           <--
     2     (ENVIRONMENTAL PROTECTION RESOURCES) of the Pennsylvania       <--
     3     Consolidated Statutes, providing for participation in
     4     environmental law or regulation AND FOR COSTS IN MINING        <--
     5     PROCEEDINGS.

     6     The General Assembly finds and declares as follows:
     7         (1)  There has been a disturbing increase in IT IS         <--
     8     CONTRARY TO THE PUBLIC INTEREST TO ALLOW lawsuits, known as
     9     Strategic Lawsuits Against Public Participation (SLAPP), TO    <--
    10     BE brought primarily to chill the valid exercise by citizens
    11     of their constitutional right to freedom of speech and to
    12     petition the government for the redress of grievances.
    13         (2)  It is in the public interest to empower citizens to
    14     bring a swift end to retaliatory lawsuits seeking to
    15     undermine their participation in the establishment of State
    16     and local environmental policy and in the implementation and

     1     enforcement of environmental law and regulations.
     2         (3)  This act will ensure that a frivolous lawsuit or a    <--
     3     SLAPP can be resolved in a prompt manner by permitting
     4     citizens to raise civil immunity to such suits when filing a
     5     preliminary objection for legal insufficiency of a pleading
     6     or demurrer or upon another appropriate motion and to obtain
     7     a stay on discovery as provided for in this act.
     8         (4)  A court should grant or deny relief on the
     9     preliminary objection or other appropriate motion without
    10     reserving the matter for further discovery.
    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Title 42 27 of the Pennsylvania Consolidated       <--
    14  Statutes is amended by adding a section CHAPTERS to read:         <--
    15  § 8340.1.  Participation in environmental law or regulation.      <--
    16     (a)  Immunity.--
    17         (1)  A person who acts in furtherance of the person's
    18     right of petition or free speech under the Constitution of
    19     the United States or the Constitution of Pennsylvania in
    20     connection with an issue related to enforcement or
    21     implementation of environmental law or regulation shall be
    22     immune from civil liability in any action except where the
    23     communication to the government agency is not genuinely aimed
    24     at procuring a favorable governmental action, result or
    25     outcome.
    26         (2)  A communication is not genuinely aimed at procuring
    27     a favorable governmental action, result or outcome if it:
    28             (i)  is not material or relevant to the enforcement
    29         or implementation of environmental law or regulation;
    30             (ii)  was knowingly false when made;
    19990H0393B4235                  - 2 -

     1             (iii)  was rendered with reckless disregard as to the
     2         truth or falsity of the statement when made; or
     3             (iv)  represented a wrongful use of process or abuse
     4         of process.
     5     (b)  Stay of discovery.--The court shall stay all discovery
     6  proceedings in the action upon the filing of preliminary
     7  objections for legal insufficiency of a pleading or other
     8  appropriate motion on the basis of immunity, provided, however,
     9  that the court, on motion and after a hearing and for good cause
    10  shown, may order that specified discovery be conducted. The stay
    11  of discovery shall remain in effect until notice of the entry of
    12  the order ruling on the preliminary objections or on another
    13  appropriate motion.
    14     (c)  Admissibility of court determination.--If the court
    15  determines that the plaintiff has established that there is a
    16  substantial likelihood that the plaintiff will prevail on the
    17  claim, neither that determination nor the fact of that
    18  determination shall be admissible in evidence at any later stage
    19  of the case, and no burden of proof or degree of proof otherwise
    20  applicable shall be affected by that determination.
    21     (d)  Intervention.--The government agency involved in the
    22  furtherance of a person's right of petition or free speech under
    23  the Constitution of the United States or the Constitution of
    24  Pennsylvania in connection with a public issue may intervene or
    25  otherwise participate as an amicus curiae in the action
    26  involving public petition and participation.
    27     (e)  Legal protections of defendants.--Nothing in this
    28  section shall be construed to limit any constitutional,
    29  statutory or common-law protections of defendants to actions
    30  involving public petition and participation.
    19990H0393B4235                  - 3 -

     1     (f)  Abuse of legal process.--In addition to other costs or
     2  remedies allowed by general rule or statute, in any
     3  administrative or judicial proceeding related to the enforcement
     4  or implementation of environmental law or regulation, the agency
     5  or court may award costs, including reasonable attorney fees, if
     6  the agency or court determines that an action, appeal, claim,
     7  motion or pleading is frivolous or taken solely for delay or
     8  that the conduct of a party or counsel is dilatory or vexatious.
     9     (g)  Definitions.--The following words and phrases when used
    10  in this section shall have the meanings given to them in this
    11  subsection unless the context clearly indicates otherwise:
    12     "Act in furtherance of a person's right of petition or free
    13  speech under the United States Constitution or the Constitution
    14  of Pennsylvania in connection with a public issue." Any written
    15  or oral statement or writing made before a legislative,
    16  executive or judicial proceeding, or any other official
    17  proceeding authorized by law; any written or oral statement or
    18  writing made in connection with an issue under consideration or
    19  review by a legislative, executive or judicial body, or any
    20  other official proceeding authorized by law; any written or oral
    21  statement or writing made in a place open to the public or a
    22  public forum in connection with an issue of public interest; or
    23  any written or oral statement or writing made to a government
    24  agency in connection with the implementation and enforcement of
    25  environmental law and regulations.
    26     "Enforcement of environmental law and regulations."  Any
    27  activity related to the identification and elimination of
    28  violations of environmental laws and regulations, including
    29  investigations of alleged violations, inspections of activities
    30  subject to regulation under environmental law and regulations
    19990H0393B4235                  - 4 -

     1  and responses taken to produce correction of the violations.
     2     "Government agency."  The Federal Government, the
     3  Commonwealth and all of its departments, commissions, boards,
     4  agencies and authorities, and all political subdivisions and
     5  their authorities.
     6     "Implementation of environmental law and regulations."  Any
     7  activity related to the development and administration of
     8  environmental programs developed under environmental law and
     9  regulations.
    10     Section 2.  This act shall take effect in 60 days.
    11                             SUBPART A                              <--
    12                         GENERAL PROVISIONS
    13  CHAPTER
    14    77.  COSTS AND FEES
    15    83.  PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION
    16                             CHAPTER 77
    17                           COSTS AND FEES
    18  SEC.
    19  7707.  PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION.
    20  7708.  COSTS FOR MINING PROCEEDINGS.
    21  § 7707.  PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION.
    22     (A)  JUDICIAL.--A PERSON THAT SUCCESSFULLY DEFENDS AGAINST AN  <--
    23  ACTION UNDER CHAPTER 83 (RELATING TO PARTICIPATION IN
    24  ENVIRONMENTAL LAW OR REGULATION) SHALL BE AWARDED REASONABLE
    25  ATTORNEY FEES AND THE COSTS OF LITIGATION. IF THE PERSON
    26  PREVAILS IN PART, THE COURT MAY MAKE A FULL AWARD OR A
    27  PROPORTIONATE AWARD.
    28     (B)  ADMINISTRATIVE.--THE ENVIRONMENTAL HEARING BOARD MAY      <--
    29  AWARD COSTS AND REASONABLE ATTORNEY FEES IF IT DETERMINES ANY OF
    30  THE FOLLOWING:
    19990H0393B4235                  - 5 -

     1         (1)  AN ACTION, MOTION OR PLEADING BEFORE IT IS
     2     FRIVOLOUS.
     3         (2)  AN ACTION, MOTION OR PLEADING BEFORE IT IS TAKEN
     4     SOLELY FOR DELAY.
     5         (3)  THE CONDUCT OF A PARTY IS DILATORY OR VEXATIOUS.
     6  § 7708.  COSTS FOR MINING PROCEEDINGS.
     7     (A)  PURPOSE.--THIS SECTION ESTABLISHES COSTS AND FEES
     8  AVAILABLE IN PROCEEDINGS INVOLVING COAL MINING ACTIVITIES. THE
     9  PURPOSE OF THIS SECTION IS TO PROVIDE COSTS AND FEES TO THE SAME
    10  EXTENT OF SECTION 525(E) OF THE SURFACE MINING CONTROL AND
    11  RECLAMATION ACT OF 1977 (PUBLIC LAW 95-87, 30 U.S.C. § 1201 ET
    12  SEQ.) AND THE REGULATIONS PROMULGATED PURSUANT THERETO. IT IS
    13  HEREBY DETERMINED THAT IT IS IN THE PUBLIC INTEREST FOR THE
    14  COMMONWEALTH TO MAINTAIN PRIMARY JURISDICTION OVER THE
    15  ENFORCEMENT AND ADMINISTRATION OF THE SURFACE MINING CONTROL AND
    16  RECLAMATION ACT OF 1977 AND THAT THE PURPOSE OF THIS SECTION IS
    17  TO MAINTAIN PRIMARY JURISDICTION OVER COAL MINING IN THIS
    18  COMMONWEALTH BUT IN NO EVENT TO AUTHORIZE STANDARDS WHICH ARE
    19  MORE STRINGENT THAN FEDERAL STANDARDS FOR THE AWARD OF COSTS AND
    20  FEES.
    21     (B)  GENERAL RULE.--ANY PARTY MAY FILE A PETITION FOR AWARD
    22  OF COSTS AND FEES REASONABLY INCURRED AS A RESULT OF THAT
    23  PARTY'S PARTICIPATION IN ANY PROCEEDING INVOLVING COAL MINING
    24  ACTIVITIES WHICH RESULTS IN A FINAL ADJUDICATION BEING ISSUED BY
    25  THE ENVIRONMENTAL HEARING BOARD OR A FINAL ORDER BEING ISSUED BY
    26  AN APPELLATE COURT.
    27     (C)  RECIPIENTS OF AWARDS.--APPROPRIATE COSTS AND FEES
    28  INCURRED FOR A PROCEEDING CONCERNING COAL MINING ACTIVITIES MAY
    29  BE AWARDED:
    30         (1)  TO ANY PARTY FROM THE PERMITTEE, IF:
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     1             (I)  THE PARTY INITIATES OR PARTICIPATES IN ANY
     2         PROCEEDING REVIEWING ENFORCEMENT ACTIONS UPON A FINDING
     3         THAT A VIOLATION OF A COMMONWEALTH COAL MINING ACT,
     4         REGULATION OR PERMIT HAS OCCURRED OR THAT AN IMMINENT
     5         HAZARD EXISTED.
     6             (II)  THE ENVIRONMENTAL HEARING BOARD DETERMINES THAT
     7         THE PARTY MADE A SUBSTANTIAL CONTRIBUTION TO THE FULL AND
     8         FAIR DETERMINATION OF THE ISSUES.
     9     EXCEPT THAT THE CONTRIBUTION OF A PARTY WHO DID NOT INITIATE
    10     A PROCEEDING SHALL BE SEPARATE AND DISTINCT FROM THE
    11     CONTRIBUTION MADE BY A PARTY INITIATING THE PROCEEDING.
    12         (2)  TO ANY PARTY, OTHER THAN A PERMITTEE OR HIS
    13     REPRESENTATIVE, FROM THE DEPARTMENT, IF THAT PARTY:
    14             (I)  INITIATES OR PARTICIPATES IN ANY PROCEEDING
    15         CONCERNING COAL MINING ACTIVITIES.
    16             (II)  PREVAILS IN WHOLE OR IN PART, ACHIEVING AT
    17         LEAST SOME DEGREE OF SUCCESS ON THE MERITS.
    18     UPON A FINDING THAT THE PARTY MADE A SUBSTANTIAL CONTRIBUTION
    19     TO A FULL AND FAIR DETERMINATION OF THE ISSUES.
    20         (3)  TO A PERMITTEE FROM THE DEPARTMENT WHEN THE
    21     PERMITTEE DEMONSTRATES THAT THE DEPARTMENT IN A MATTER
    22     CONCERNING COAL MINING ACTIVITIES ISSUED AN ORDER OF
    23     CESSATION, A COMPLIANCE ORDER OR AN ORDER TO SHOW CAUSE WHY A
    24     PERMIT SHOULD NOT BE SUSPENDED OR REVOKED, IN BAD FAITH AND
    25     FOR THE PURPOSE OF HARASSING OR EMBARRASSING THE PERMITTEE.
    26         (4)  TO A PERMITTEE FROM ANY PARTY WHERE THE PERMITTEE
    27     DEMONSTRATES THAT THE PARTY, IN BAD FAITH AND FOR THE PURPOSE
    28     OF HARASSING OR EMBARRASSING THE PERMITTEE:
    29             (I)  INITIATED A PROCEEDING UNDER ONE OR MORE OF THE
    30         COAL MINING ACTS OR THE REGULATIONS PROMULGATED PURSUANT
    19990H0393B4235                  - 7 -

     1         TO ANY OF THOSE ACTS CONCERNING COAL MINING ACTIVITIES;
     2         OR
     3             (II)  PARTICIPATED IN SUCH A PROCEEDING IN BAD FAITH
     4         FOR THE PURPOSE OF HARASSING OR EMBARRASSING THE
     5         PERMITTEE.
     6     (D)  TIME FOR FILING.--THE PETITION FOR AN AWARD OF COSTS AND
     7  FEES SHALL BE FILED WITH THE ENVIRONMENTAL HEARING BOARD WITHIN
     8  30 DAYS OF THE DATE AN ADJUDICATION OF THE ENVIRONMENTAL HEARING
     9  BOARD BECOMES FINAL.
    10     (E)  CONTENTS OF PETITION.--A PETITION FILED UNDER THIS
    11  SECTION SHALL INCLUDE THE NAME OF THE PARTY FROM WHOM COSTS AND
    12  FEES ARE SOUGHT AND THE FOLLOWING SHALL BE SUBMITTED IN SUPPORT
    13  OF THE PETITION:
    14         (1)  AN AFFIDAVIT SETTING FORTH IN DETAIL ALL REASONABLE
    15     COSTS AND FEES REASONABLY INCURRED FOR OR IN CONNECTION WITH
    16     THE PARTY'S PARTICIPATION IN THE PROCEEDING.
    17         (2)  RECEIPTS OR OTHER EVIDENCE OF SUCH COSTS AND FEES.
    18         (3)  WHERE ATTORNEY FEES ARE CLAIMED, EVIDENCE CONCERNING
    19     THE HOURS EXPENDED ON THE CASE, THE CUSTOMARY COMMERCIAL RATE
    20     OF PAYMENT FOR SUCH SERVICES IN THE AREA AND THE EXPERIENCE,
    21     REPUTATION AND ABILITY OF THE INDIVIDUAL OR INDIVIDUALS
    22     PERFORMING THE SERVICES.
    23     (F)  ANSWER.--ANY PARTY SHALL HAVE 30 DAYS FROM SERVICE OF
    24  THE PETITION WITHIN WHICH TO FILE AN ANSWER TO SUCH PETITION.
    25     (G)  EXCLUSIVE REMEDY.--EXCEPT FOR SECTION 601 OF THE ACT OF
    26  JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS
    27  LAW, SECTION 18.3 OF THE ACT OF MAY 31, 1945 (P.L.1198, NO.418),
    28  KNOWN AS THE SURFACE MINING CONSERVATION AND RECLAMATION ACT,
    29  SECTION 13 OF THE ACT OF APRIL 27, 1966 (1ST SP.SESS., P.L.31,
    30  NO.1), KNOWN AS THE BITUMINOUS MINE SUBSIDENCE AND LAND
    19990H0393B4235                  - 8 -

     1  CONSERVATION ACT AND SECTION 13 OF THE ACT OF SEPTEMBER 24, 1968
     2  (P.L.1040, NO.318), KNOWN AS THE COAL REFUSE DISPOSAL CONTROL
     3  ACT, THIS SECTION SHALL BE THE EXCLUSIVE REMEDY FOR THE AWARDING
     4  OF COSTS AND FEES IN PROCEEDINGS INVOLVING COAL MINING
     5  ACTIVITIES.
     6     (H)  DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
     7  IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
     8  SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
     9     "COAL MINING ACTIVITIES."  THE EXTRACTION OF COAL FROM THE
    10  EARTH, WASTE OR STOCKPILES, PITS OR BANKS BY REMOVING THE STRATA
    11  OR MATERIAL WHICH OVERLIES OR IS ABOVE OR BETWEEN THEM OR
    12  OTHERWISE EXPOSING AND RETRIEVING THEM FROM THE SURFACE,
    13  INCLUDING, BUT NOT LIMITED TO, STRIP MINING, AUGER MINING,
    14  DREDGING, QUARRYING AND LEACHING AND ALL SURFACE ACTIVITY
    15  CONNECTED WITH SURFACE OR UNDERGROUND COAL MINING, INCLUDING,
    16  BUT NOT LIMITED TO, EXPLORATION, SITE PREPARATION, COAL
    17  PROCESSING OR CLEANING, COAL REFUSE DISPOSAL, ENTRY, TUNNEL,
    18  DRIFT, SLOPE, SHAFT AND BOREHOLE DRILLING AND CONSTRUCTION, ROAD
    19  CONSTRUCTION, USE, MAINTENANCE AND RECLAMATION, WATER SUPPLY
    20  RESTORATION OR REPLACEMENT, REPAIR OR COMPENSATION FOR DAMAGES
    21  TO STRUCTURES CAUSED BY UNDERGROUND COAL MINING AND ALL
    22  ACTIVITIES RELATED THERETO.
    23     "COAL MINING ACTS."  THE PROVISIONS OF THE ACT OF JUNE 22,
    24  1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS LAW, THE ACT
    25  OF MAY 31, 1945 (P.L.1198, NO.418), KNOWN AS THE SURFACE MINING
    26  CONSERVATION AND RECLAMATION ACT, THE ACT OF APRIL 27, 1966 (1ST
    27  SP.SESS., P.L.31, NO.1), KNOWN AS THE BITUMINOUS MINE SUBSIDENCE
    28  AND LAND CONSERVATION ACT, AND THE ACT OF SEPTEMBER 24, 1968
    29  (P.L.1040, NO.318), KNOWN AS THE COAL REFUSE DISPOSAL CONTROL
    30  ACT, WHICH GOVERN COAL MINING OR ACTIVITIES RELATED TO COAL
    19990H0393B4235                  - 9 -

     1  MINING.
     2     "COSTS AND FEES."  ALL REASONABLE COSTS AND EXPENSES,
     3  INCLUDING ATTORNEY FEES AND EXPERT WITNESS FEES, REASONABLY
     4  INCURRED AS A RESULT OF PARTICIPATION IN A PROCEEDING INVOLVING
     5  COAL MINING ACTIVITIES.
     6     "DEPARTMENT."  THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF
     7  THE COMMONWEALTH.
     8     "PROCEEDING."  APPEALS OF FINAL DEPARTMENT OF ENVIRONMENTAL
     9  PROTECTION ACTIONS BEFORE THE ENVIRONMENTAL HEARING BOARD AND
    10  JUDICIAL REVIEW OF ENVIRONMENTAL HEARING BOARD ADJUDICATIONS.
    11                             CHAPTER 83
    12          PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION
    13  SEC.
    14  8301.  DEFINITIONS.
    15  8302.  IMMUNITY.
    16  8303.  INTERVENTION.                                              <--
    17  8304.  CONSTRUCTION.
    18  8303.  RIGHT TO A HEARING.                                        <--
    19  8304.  INTERVENTION.
    20  8305.  CONSTRUCTION.
    21  § 8301.  DEFINITIONS.
    22     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
    23  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    24  CONTEXT CLEARLY INDICATES OTHERWISE:
    25     "COMMUNICATION TO THE GOVERNMENT."  A WRITTEN OR ORAL
    26  STATEMENT OR WRITING MADE:
    27         (1)  BEFORE A LEGISLATIVE, EXECUTIVE OR JUDICIAL
    28     PROCEEDING OR ANY OTHER OFFICIAL PROCEEDING AUTHORIZED BY
    29     LAW;
    30         (2)  IN CONNECTION WITH AN ISSUE UNDER CONSIDERATION OR
    19990H0393B4235                 - 10 -

     1     REVIEW BY A LEGISLATIVE, EXECUTIVE OR JUDICIAL BODY OR ANY
     2     OTHER OFFICIAL PROCEEDING AUTHORIZED BY LAW; OR
     3         (3)  TO A GOVERNMENT AGENCY IN CONNECTION WITH THE
     4     IMPLEMENTATION AND ENFORCEMENT OF ENVIRONMENTAL LAW AND
     5     REGULATIONS.
     6     "ENFORCEMENT OF ENVIRONMENTAL LAW AND REGULATION."  ACTIVITY
     7  RELATING TO THE IDENTIFICATION AND ELIMINATION OF VIOLATIONS OF
     8  ENVIRONMENTAL LAWS AND REGULATIONS, INCLUDING INVESTIGATIONS OF
     9  ALLEGED VIOLATIONS, INSPECTIONS OF ACTIVITIES SUBJECT TO
    10  REGULATION UNDER ENVIRONMENTAL LAW AND REGULATIONS AND RESPONSES
    11  TAKEN TO PRODUCE CORRECTION OF THE VIOLATIONS.
    12     "GOVERNMENT AGENCY."  THE FEDERAL GOVERNMENT, THE
    13  COMMONWEALTH AND ANY OF THE COMMONWEALTH'S DEPARTMENTS,
    14  COMMISSIONS, BOARDS, AGENCIES, AUTHORITIES, POLITICAL
    15  SUBDIVISIONS OR THEIR AUTHORITIES. SUBDIVISIONS, OR THEIR         <--
    16  DEPARTMENTS, COMMISSIONS, BOARDS, AGENCIES OR AUTHORITIES.
    17     "IMPLEMENTATION OF ENVIRONMENTAL LAW AND REGULATION."
    18  ACTIVITY RELATING TO THE DEVELOPMENT AND ADMINISTRATION OF
    19  ENVIRONMENTAL PROGRAMS DEVELOPED UNDER ENVIRONMENTAL LAW AND
    20  REGULATIONS.
    21  § 8302.  IMMUNITY.
    22     (A)  GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), A
    23  PERSON THAT, PURSUANT TO FEDERAL OR STATE LAW, FILES AN ACTION
    24  IN THE COURTS OF THIS COMMONWEALTH TO ENFORCE AN ENVIRONMENTAL
    25  LAW OR REGULATION OR THAT MAKES AN ORAL OR WRITTEN COMMUNICATION
    26  TO A GOVERNMENT AGENCY RELATING TO ENFORCEMENT OR IMPLEMENTATION
    27  OF AN ENVIRONMENTAL LAW OR REGULATION SHALL BE IMMUNE FROM CIVIL
    28  LIABILITY IN ANY RESULTING LEGAL PROCEEDING FOR DAMAGES WHERE
    29  THE ACTION OR COMMUNICATION IS AIMED AT PROCURING FAVORABLE
    30  GOVERNMENTAL ACTION.
    19990H0393B4235                 - 11 -

     1     (B)  EXCEPTIONS.--A PERSON SHALL NOT BE IMMUNE UNDER THIS
     2  SECTION IF ANY OF THE FOLLOWING APPLY:                            <--
     3         (1)  THE ALLEGATION IN THE ACTION OR COMMUNICATION IS NOT
     4     RELEVANT OR MATERIAL TO THE ENFORCEMENT OR IMPLEMENTATION OF
     5     AN ENVIRONMENTAL LAW OR REGULATION. SECTION IF THE ALLEGATION  <--
     6     IN THE ACTION OR ANY COMMUNICATION TO THE GOVERNMENT IS NOT
     7     RELEVANT OR MATERIAL TO THE ENFORCEMENT OR IMPLEMENTATION OF
     8     AN ENVIRONMENTAL LAW OR REGULATION AND:
     9         (2)  THE (1)  THE ALLEGATION IN THE ACTION OR              <--
    10     COMMUNICATION IS KNOWINGLY FALSE, DELIBERATELY MISLEADING OR
    11     MADE WITH MALICIOUS AND RECKLESS DISREGARD FOR THE TRUTH OR    <--
    12     FALSITY;                                                       <--
    13         (3)  THE (2)  THE ALLEGATION IN THE ACTION OR              <--
    14     COMMUNICATION IS MADE FOR THE SOLE PURPOSE OF INTERFERING
    15     WITH EXISTING OR PROPOSED BUSINESS RELATIONSHIPS; OR           <--
    16         (4)  THE (3)  THE ORAL OR WRITTEN COMMUNICATION TO A       <--
    17     GOVERNMENT AGENCY RELATING TO ENFORCEMENT OR IMPLEMENTATION
    18     OF AN ENVIRONMENTAL LAW OR REGULATION IS LATER DETERMINED TO
    19     BE A WRONGFUL USE OF PROCESS OR AN ABUSE OF PROCESS.
    20  § 8303.  RIGHT TO A HEARING.                                      <--
    21     A PERSON WHO WISHES TO RAISE THE DEFENSE OF IMMUNITY FROM
    22  CIVIL LIABILITY UNDER THIS CHAPTER MAY FILE A MOTION WITH THE
    23  COURT REQUESTING THE COURT TO CONDUCT A HEARING TO DETERMINE THE
    24  PRELIMINARY ISSUE OF IMMUNITY. IF A MOTION IS FILED, THE COURT
    25  SHALL THEN CONDUCT A HEARING AND IF THE MOTION IS DENIED, THE
    26  MOVING PARTY SHALL HAVE AN INTERLOCUTORY APPEAL OF RIGHT TO THE
    27  COMMONWEALTH COURT, DURING WHICH TIME ALL DISCOVERY SHALL BE
    28  STAYED.
    29  § 8303 8304.  INTERVENTION.                                       <--
    30     A GOVERNMENT AGENCY HAS THE RIGHT TO PETITION TO INTERVENE OR
    19990H0393B4235                 - 12 -

     1  OTHERWISE PARTICIPATE AS AN AMICUS CURIAE IN THE ACTION
     2  INVOLVING PUBLIC PETITION AND PARTICIPATION.
     3  § 8304 8305.  CONSTRUCTION.                                       <--
     4     NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO LIMIT ANY
     5  CONSTITUTIONAL, STATUTORY OR COMMON LAW PROTECTIONS OF
     6  DEFENDANTS TO ACTIONS INVOLVING PUBLIC PETITION AND
     7  PARTICIPATION.
     8     SECTION 2.  THE FOLLOWING ACTS OR PARTS OF ACTS ARE REPEALED:  <--
     9     THE FIFTH SENTENCE OF SUBSECTION (B) OF SECTION 307 OF THE
    10  ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN
    11  STREAMS LAW.
    12     SECTION 2. (A)  THE FOLLOWING ACTS OR PARTS OF ACTS ARE        <--
    13  REPEALED:
    14     THE FIFTH SENTENCE OF SECTION 4(B) AND SUBSECTION (F)(2)(V)    <--
    15  (F)(5) OF SECTION 4.2 OF THE ACT OF MAY 31, 1945 (P.L.1198,       <--
    16  NO.418), KNOWN AS THE SURFACE MINING CONSERVATION AND
    17  RECLAMATION ACT.
    18     THE LAST SENTENCE OF SECTION 5(G) OF THE ACT OF APRIL 27,
    19  1966 (1ST SP.SESS., P.L.31, NO.1), KNOWN AS THE BITUMINOUS MINE
    20  SUBSIDENCE AND LAND CONSERVATION ACT.
    21     THE LAST SENTENCE OF SECTION 5(I) OF THE ACT OF SEPTEMBER 24,
    22  1968 (P.L.1040, NO.318), KNOWN AS THE COAL REFUSE DISPOSAL
    23  CONTROL ACT.
    24     (B)  ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS  <--
    25  THEY ARE INCONSISTENT WITH THIS ACT.
    26     SECTION 3.  THE ADDITION OF 27 PA.C.S. § 7708 SHALL APPLY TO
    27  ALL PROCEEDINGS AND PETITIONS FOR COSTS AND FEES FILED AFTER THE
    28  EFFECTIVE DATE OF THIS ACT.
    29     SECTION 4.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
    30         (1)  THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
    19990H0393B4235                 - 13 -

     1     IMMEDIATELY:
     2             (I)  THE ADDITION OF 27 PA.C.S. § 7708.
     3             (II)  THIS SECTION.
     4         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
     5     DAYS.

















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