THE GENERAL ASSEMBLY OF PENNSYLVANIA
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
Amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, further defining "communication to the government" and "enforcement of environmental law and regulation" for purposes of participation in environmental law or regulation; and further providing for immunity in certain actions.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. The definition of "enforcement of environmental law or regulation" in section 8301 of Title 27 of the Pennsylvania Consolidated Statutes is amended to read:
§ 8301. 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:
"Communication [to the government."] in furtherance of a
person's right of petition or free speech under the United
States Constitution or the Constitution of Pennsylvania in
connection with a public issue." A written or oral statement or
writing made:
(1) before a legislative, executive or judicial
proceeding or any other official proceeding authorized by
law;
(2) in connection with an issue under consideration or
review by a legislative, executive or judicial body or any
other official proceeding authorized by law; or
(3) to a government agency in connection with the
implementation and enforcement of environmental law and
regulations.
"Enforcement of environmental law and regulation." Activity relating to the identification and elimination of violations of environmental laws and regulations, including, but not limited to land use and zoning, investigations of alleged violations, inspections of activities subject to regulation under environmental law and regulations and responses taken to produce correction of the violations.
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Section 2. Section 8302(a) of Title 27 is amended to read:
§ 8302. Immunity.
(a) General rule.--Except as provided in subsection (b), a person that, pursuant to Federal or State law, files an action in the courts of this Commonwealth to enforce an environmental law or regulation or that makes an oral or written communication [to a government agency] in furtherance of a person's right of petition or free speech under the United States Constitution or the Constitution of Pennsylvania in connection with a public issue relating to enforcement or implementation of an environmental law or regulation shall be immune from civil liability in any resulting legal proceeding for damages where the action or communication is aimed at procuring favorable governmental action.
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Section 3. This act shall take effect in 60 days.
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