PRINTER'S NO. 92
No. 98 Session of 2005
INTRODUCED BY GEORGE, SURRA, McCALL, BEBKO-JONES, BELFANTI,
CALTAGIRONE, CAWLEY, CRAHALLA, CURRY, EACHUS, FABRIZIO,
FREEMAN, LaGROTTA, LEACH, LEDERER, MELIO, MUNDY, TANGRETTI,
TIGUE, WALKO, WANSACZ, WASHINGTON, YUDICHAK AND PISTELLA,
JANUARY 25, 2005
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JANUARY 25, 2005
AN ACT
1 Amending Title 27 (Environmental Resources) of the Pennsylvania
2 Consolidated Statutes, further defining "communication to the
3 government" and "enforcement of environmental law and
4 regulation" for purposes of participation in environmental
5 law or regulation; and further providing for immunity in
6 certain actions.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definition of "enforcement of environmental
10 law or regulation" in section 8301 of Title 27 of the
11 Pennsylvania Consolidated Statutes is amended to read:
12 § 8301. Definitions.
13 The following words and phrases when used in this chapter
14 shall have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Communication [to the government."] in furtherance of a
17 person's right of petition or free speech under the United
18 States Constitution or the Constitution of Pennsylvania in
1 connection with a public issue." A written or oral statement or
2 writing made:
3 (1) before a legislative, executive or judicial
4 proceeding or any other official proceeding authorized by
5 law;
6 (2) in connection with an issue under consideration or
7 review by a legislative, executive or judicial body or any
8 other official proceeding authorized by law; or
9 (3) to a government agency in connection with the
10 implementation and enforcement of environmental law and
11 regulations.
12 "Enforcement of environmental law and regulation." Activity
13 relating to the identification and elimination of violations of
14 environmental laws and regulations, including, but not limited
15 to land use and zoning, investigations of alleged violations,
16 inspections of activities subject to regulation under
17 environmental law and regulations and responses taken to produce
18 correction of the violations.
19 * * *
20 Section 2. Section 8302(a) of Title 27 is amended to read:
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] in furtherance of a person's right of
27 petition or free speech under the United States Constitution or
28 the Constitution of Pennsylvania in connection with a public
29 issue relating to enforcement or implementation of an
30 environmental law or regulation shall be immune from civil
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1 liability in any resulting legal proceeding for damages where
2 the action or communication is aimed at procuring favorable
3 governmental action.
4 * * *
5 Section 3. This act shall take effect in 60 days.
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