On Friday January 30, 2026, state Sen. Steve Santarsiero and state Rep. Perry Warren (collectively, the “Sponsors”) announced the Pennsylvania Environmental Cleanup and Responsibility Act. Modeled on New Jersey’s Spill Act, the proposed legislation seeks to fill gaps between Pennsylvania’s current environmental cleanup laws (the Hazardous Sites Cleanup Act (HSCA), and the Land Recycling and Environmental Remediation Standards Act (better known as Act 2)) by creating a framework for addressing “active discharges and immediate threats to human health and the environment.” According to the Sponsors, the Pennsylvania Department of Environmental Protection (PADEP) currently lacks authority to control the course of environmental cleanups. Further, they argue that state law imposes few cleanup obligations on potentially responsible parties and mandates even fewer enforceable deadlines for cleanup of environmental spills.
Representative Perry claims “[t]he bill would require immediate action when hazardous substances are released, including mandatory containment, investigation, and cleanup. Further, the bill would hold polluters accountable through strict and joint-and-several liability, and would ensure that responsible parties – not taxpayers – pay for the cleanup.” Senator Santarsiero describes the proposed legislation as including the following:
- Require immediate action when hazardous substances are released, including mandatory containment, investigation, and cleanup;
- Hold polluters accountable through strict, joint-and-several liability, ensuring responsible parties – not taxpayers – pay for cleanup;
- Guarantee residential protection, requiring cleanup to standards suitable for unrestricted residential use, including protection of drinking water, soil, and air quality;
- Empower DEP to act decisively, including taking over the cleanup when responsible parties fail to comply, or immediate action is needed;
- Create enforceable timelines so communities are not left waiting indefinitely for answers or action;
- Strengthen funding and accountability, directing penalties and recoveries into the Hazardous Sites Cleanup Fund to support response efforts; and
- Ensure transparency, by requiring DEP to establish a public information portal so residents can track cleanup progress, understand risks, and receive timely updates.
Of particular note is the proposed cleanup requirement to standards suitable for unrestricted residential use, including for drinking water, soil, and air quality. It remains unclear whether this requirement will pertain solely to areas zoned for residential use or whether it will apply to all cleanup situations. If the latter, it may subject cleanups in commercial or industrial areas to stricter cleanup standards than would otherwise be the case, greatly increasing both remediation time and cost for responsible parties.
State Representative Perry Warren and State Senator Steve Santarsiero were moved to act after a pipeline leak in Bucks County, Pennsylvania, allegedly discharged jet fuel into local drinking water supplies. The announcement of this proposed legislation coincides with the one-year anniversary of when the leak was first acknowledged.
The text of the legislation was not yet available as of the date of this post. The Sponsors hope to introduce the proposed legislation by the end of February 2026 and are currently soliciting co-sponsors.
Check back for more updates and analysis as the text of this legislation becomes available and debated in the Pennsylvania legislature, or reach out to author Wade Stephens at wstephens@lssh-law.com to learn more.