HD85 - Report of the Joint Subcommittee Studying the Interrelationship Between the Powers of the Commonwealth and the Powers of Local Governments in Environmental and Building Code Matters

  • Published: 1994
  • Author: Joint Subcommittee Studying the Interrelationships Between the Powers of the Commonwealth and the Powers of Local Governments in Environmental and Building Code Matters
  • Enabling Authority: House Joint Resolution 519 (Regular Session, 1993)

Executive Summary:

This study was undertaken to examine the interrelationship between the powers of the Commonwealth and the powers of local governments in environmental and building code matters. The study evolved from conflicting recommendations made by the Governor's Advisory Commission on the Dillon Rule and Local Government ("Dillon Rule Commission") in its report, dated November 1, 1992, and the Governor's Advisory Commission on Community Issues Relating to the Pickett Road Tank Farm ("Pickett Road Tank Farm Commission") in its report, dated December 18, 1992.

The Dillon Rule Commission concluded that certain areas of regulation, including environmental laws and building codes, should continue to be uniform throughout the Commonwealth. The Pickett Road Tank Farm Commission, however, recommended the enactment of legislation that would grant local governments broad environmental regulatory authority and authorize a local government to adopt more stringent requirements than those provided in the Uniform Statewide Building Code in connection with construction and reconstruction work at a petroleum products tank farm.