§ 3305. Commission.

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§ 3305. Commission.

(a)Advisory opinions to municipalities.--

(1)A municipality may, prior to the enactment of a local ordinance, in writing, request the commission to review a proposed local ordinance to issue an opinion on whether it violates the MPC, this chapter or Chapter 32 (relating to development).

(2)Within 120 days of receiving a request under paragraph (1), the commission shall, in writing, advise the municipality whether or not the local ordinance violates the MPC, this chapter or Chapter 32.

(3)An opinion under this subsection shall be advisory in nature and not subject to appeal.

(b)Orders.--

(1)An owner or operator of an oil or gas operation, or a person residing within the geographic boundaries of a local government, who is aggrieved by the enactment or enforcement of a local ordinance may request the commission to review the local ordinance of that local government to determine whether it violates the MPC, this chapter or Chapter 32.

(2)Participation in the review by the commission shall be limited to parties specified in paragraph

(1)and the municipality which enacted the local ordinance.

(3)Within 120 days of receiving a request under this subsection, the commission shall issue an order to determine whether the local ordinance violates the MPC, this chapter or Chapter 32.

(4)An order under this subsection shall be subject to de novo review by Commonwealth Court. A petition for review must be filed within 30 days of the date of service of the commission's order. The order of the commission shall be made part of the record before the court.

(c)Exemptions.-- An opinion under subsection

(a)and an order under subsection

(b)shall not be subject to:

(1)2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies);

(2)65 Pa.C.S. Ch. 7 (relating to open meetings); or

(3)66 Pa.C.S. Ch. 3 Subch. B (relating to investigations and hearings).

(d)Authority.-- The commission has the following powers to carry out this chapter:

(1)Employ individuals.

(2)Issue orders.

(3)Promulgate regulations.

(4)Until January 1, 2013, promulgate temporary regulations. Regulations under this paragraph:

(i)shall expire no later than two years following the effective date of this section; and

(ii)are exempt from:

(A)sections 201, 202 and 203 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law; and

(B)the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

58c3305v

Cross References. Section 3305 is referred to in section 3306 of this title.

58c3306s