LEGISLATIVE ROUNDUP: DEP has reduced permit backlog by 67% under Gov. Shapiro

WILKES-BARRE — Pennsylvania Department of Environmental Protection (DEP) Acting Secretary Jessica Shirley this week gave an update on DEP’s permit modernization updates.

“DEP evaluates more than 45,000 permits every year, and we’re working to provide more certainty for businesses and free up staff resources to ensure that the environment is protected,” Shirley said. “In addition, the new SPEED program gives more flexibility for permit applicants, reducing the time it takes from submitting their application to a decision from DEP. DEP’s permit modernization efforts are part of fulfilling our mission to address all current and future environmental challenges — making sure that we are only approving the best permit applications, and working with applicants and communities to make sure that every Pennsylvanian can have access to clean air, pure water, and a safe and healthy environment.”

DEP has made a concerted effort to eliminate the overdue permit backlog and modernize our permitting processes. Since hiring additional staff members and cataloging and reviewing DEP’s nearly 800 available types of permits, DEP has reduced the backlog by nearly 1,300 permits — a 67% reduction — as of Oct. 1, 2024.

DEP will also be implementing the SPEED program, which was included in the 2024-25 Budget signed by Gov. Josh Shapiro. The SPEED program offers increased flexibility, allowing permit applicants to have a DEP-verified and qualified professional conduct the initial review of the application, with DEP making its decision based on the qualified professional’s recommendation.

Applicants for eligible permits will agree to pay any review fees incurred by the qualified professional, in addition to permit application fees.

Invitations for bids are being accepted through the Pennsylvania eMarketplace for the qualified professionals to review SPEED permit applications. The SPEED program will be available for certain Air Quality Plan Approvals, earth disturbance, dam safety, and individual water obstruction and encroachment permits.

DEP is further modernizing its permitting process, by investing in technology and reviewing processes to identify and eliminate bottlenecks.

DEP has sped up its permitting process through the PAyback program, which went into effect in November 2023, that assures a money-back guarantee for permit applicants if their application is overdue. Since going into effect, DEP has evaluated and decided on more than 40,000 permits without having to refund a single application fee.

U.S senators urge Biden Administration to combat China’s illegal fentanyl trafficking

U.S. Sen. Bob Casey (D-PA), joined his Senate colleagues in calling on the Biden Administration investigate and take new action to stop China’s relentless export of illicit fentanyl into the United States.

China has become the leading exporter of the precursor chemicals used to make fentanyl with over 97% of all illicit fentanyl present in the U.S. originating in China.

The senators pressed the Administration to impose trade countermeasures on China for its direct role in supporting the illicit fentanyl trade.

“China’s state-sponsored policy is to profit from Americans’ deaths. As Senators who represent thousands of families deeply impacted by illicit fentanyl, we have seen that fentanyl doesn’t just hurt the health of our states’ population, it also leaves economic destruction in its wake. […] A whole-of-government approach is necessary to stop the fentanyl crisis, hold China accountable, and save lives,” wrote the Senators.

The senators detailed how China’s ongoing manufacturing and shipment of illicit fentanyl is directly subsidized by the Chinese government. The senators called on the U.S Trade Representative Katherine Tai to support a Section 301 tariff petition filed by Facing Fentanyl, Inc., a national coalition of thousands of families and over 200 fentanyl awareness organizations. Section 301 tariffs are imposed when a foreign nation engages in unfair trade practices.

The United States has repeatedly imposed Section 301 tariffs on China due to a recurring and ongoing practice of illegal behavior, including in 2018 to combat unfair trade practices such as forced technology transfer, theft of intellectual property, and overproduction of commodities to distort fair market prices.

Biden-Harris Administration announces more than $244M to address legacy pollution

The Department of the Interior and the Office of Surface Mining Reclamation and Enforcement (OSMRE) this week announced more than $244 million in fiscal year 2024 funding from President Joe Biden’s “Investing in America” agenda to address dangerous and polluting abandoned mine lands, create good-paying, family-sustaining jobs and catalyze economic opportunity in coal communities across Pennsylvania.

This is the largest annual state allocation under the Abandoned Mine Land (AML) program and is funded from the once-in-a-generation investment of $11.3 billion in AML funding provided by the Bipartisan Infrastructure Law.

Communities once powered by the coal industry are now polluted by abandoned mine lands, which leach toxic discharge into lands and waterways, cause land subsidence and structural issues, and fuel underground mine fires.

This funding will ensure that coal communities are not left behind, but rather are revitalized by the jobs created for displaced coal workers, economic opportunity, and clean air and water provided by these cleanup projects.

“We have an extraordinary opportunity to address nearly all of the documented abandoned mine land hazards across the nation,” said Secretary Deb Haaland. “These historic resources are helping the Interior Department address long-standing environmental damage, clean up hazardous sites, create good-paying jobs, and help reinvigorate former coal communities.”

Funding from the Bipartisan Infrastructure Law is expected to address nearly all of the currently inventoried abandoned coal mine lands in the nation, which will help communities address and eliminate dangerous conditions and pollution caused by historic coal mining.

The announcement builds on more than $489.7 million from President Biden’s Investing in America agenda allocated to Pennsylvania for AML reclamation in fiscal years 2022 and 2023. Funding will be awarded to additional eligible states on a rolling basis as they apply.

Sen. Bartolotta bill supporting first responders poised for enactment

The General Assembly this week passed legislation sponsored by Sen. Camera Bartolotta (R-46), to allow first responders to access workers’ compensation benefits for a post-traumatic stress injury (PTSI).

The bill is now poised for enactment.

Under the bill, firefighters, police officers, emergency medical technicians and paramedics would be entitled to benefits under the Pennsylvania Workers’ Compensation law for psychological traumas arising from individual traumatic events or cumulative highly stressful experiences resulting from their employment — even in the absence of physical injuries requiring medical treatment.

Current Pennsylvania law requires a first responder to prove there were “objective abnormal working conditions” to establish a PTSI claim. This standard is often difficult to meet.

“First responders commonly experience the most harrowing moments in others’ lives as part of their jobs,” Bartolotta said. “Because it’s typical for them — as opposed to something that would be very out of the ordinary for most other jobs — they are barred from accessing important care. We cannot continue to ask them to help us through extremely upsetting experiences without giving them crucial support.”

Senate Bill 365 would create clearer criteria for establishing a PTSI claim. It would require diagnosis from a licensed psychiatrist or psychologist per the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition.

“We allocate resources to train, educate and prepare first responders to protect us and respond to crises but often fail to provide sufficient resources to support these individuals’ mental health,” Bartolotta said. “My bill would set reasonable standards to establish a workers’ compensation PTSI claim so our first responders receive the treatment they need and deserve.”

Sen. Langerholc bill creating rape kit tracking system set for enactment into law

The House of Representatives this week unanimously approved a bill sponsored by Sen. Wayne Langerholc Jr. (R-35) to establish a statewide rape kit evidence tracking system.

Senate Bill 920 allows survivors to track the status of their rape kits throughout the testing process, from collection to destruction. With this legislation, Pennsylvania will join 35 states and the District of Columbia that have already implemented rape kit tracking systems.

“Senate Bill 920 strengthens our commitment to empowering survivors and holding offenders accountable,” Langerholc said. “Establishing a rape kit tracking system in Pennsylvania will enable sexual assault survivors to monitor the status of their kits during an investigation, bringing transparency and accountability to the process.”

In addition to creating a rape kit tracking system, Senate Bill 920 brings Pennsylvania into compliance with the Fairness for Rape Kit Backlog Survivors provision of the recent Violence Against Women Act (VAWA) reauthorization.

To comply with VAWA, the bill provides a waiver for survivors who file untimely claims for compensation due to delays in rape kit testing. Survivors will not need to undergo an appeal process for consideration of this waiver.

Senate Bill 920 also empowers survivors by clarifying existing rights and enshrining new statutory rights for survivors of sexual assault.

This legislation builds on Langerholc’s leadership in supporting survivors of sexual assault. In 2018, he sponsored Act 164 to streamline the process of collecting sexual assault evidence and require regular reporting on related data. In 2019, he sponsored Act 29, which enacted a comprehensive bill of rights for survivors in Pennsylvania.

Senate Bill 920 now heads to the governor’s desk.