PRINTER'S NO. 1206
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.1089
Session of
2025
INTRODUCED BY STEELE, PIELLI, MADDEN, SANCHEZ, PROBST, GIRAL,
WAXMAN, VITALI, HILL-EVANS, OTTEN, MAYES, CEPEDA-FREYTIZ,
SCOTT, HADDOCK, D. WILLIAMS AND GREEN, APRIL 1, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, APRIL 1, 2025
AN ACT
Providing for restrictions on the sale and application of high-
PAH sealants; establishing the Safer Sealant Fund; imposing
duties on the Department of Environmental Protection;
authorizing certain municipal ordinances; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Safer Sealant
Act.
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:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Fund." The Safer Sealant Fund established under section
5(a).
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18 "High-PAH sealant." A sealant product containing more than
0.1% polycyclic aromatic hydrocarbons by weight.
"Municipality." A county, city, borough, incorporated town
or township.
Section 3. Restrictions on use of high-PAH sealants.
(a) Prohibitions.--
(1) A person may not supply, sell or offer for sale a
high-PAH sealant for application on a driveway or parking
area after December 31, 2025.
(2) A person may not apply or solicit the application of
a high-PAH sealant to a driveway or parking area after
December 31, 2026.
(b) Civil penalty.--A person violating subsection (a) shall
be subject to a civil penalty not exceeding $2,500 for each
violation.
Section 4. Municipal ordinances.
(a) Authorization.--A municipality may enact an ordinance
that provides:
(1) A person may not supply, sell or offer for sale a
high-PAH sealant for application on a driveway or parking
area in the municipality.
(2) A person may not apply or solicit the application of
a high-PAH sealant to a driveway or parking area in the
municipality.
(b) Construction.--Nothing in this act shall be construed
to:
(1) prohibit a municipality from enacting an ordinance
that is more stringent than the ordinance authorized under
subsection (a); or
(2) affect an ordinance enacted by a municipality prior
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30 to the effective date of this section that is at least as
stringent as the ordinance authorized under subsection (a).
(c) Collection of civil penalties.--A municipality enforcing
an ordinance under this section may collect and use a civil
penalty the amount of which may be determined by the
municipality.
(d) Model ordinance.--The department shall draft a model
ordinance that municipalities may use under this section.
Section 5. Fund.
(a) Establishment.--The Safer Sealant Fund is established
within the State Treasury which, along with interest earned,
shall be used by the department to further the purposes of this
act.
(b) Deposits.--Civil penalties collected by the department
under section 3 shall be deposited into the fund.
Section 6. Administration.
(a) Enforcement.--The department shall enforce the
provisions of section 3.
(b) Rules and regulations.--The Environmental Quality Board
may adopt or promulgate any rules or regulations necessary for
the administration of this act, including the use and
disbursement of money from the fund.
Section 7. Effective date.
This act shall take effect immediately.
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