Section 5741 - Response to COVID-19 disaster emergency(a) Authorization.--An agency, department, authority, commission, board, council, governing body or other entity of a political subdivision included in a declaration of disaster emergency as specified under Section 7501(d) (relating to general authority of political subdivisions) may conduct hearings, meetings, proceedings or other business through the use of an authorized telecommunications device until the expiration or termination of the COVID-19 disaster emergency.(b)Quorum.--Notwithstanding any other provision of law, a hearing, meeting, proceeding or other business conducted through an authorized telecommunications device under this subsection shall not require the physical presence at a meeting location of a quorum of the participating members if a quorum is otherwise established by the participating members through the authorized telecommunications device.(c)Advance notice.--To the extent practicable, an agency, department, authority, commission, board, council, governing body or other entity of a political subdivision shall post advance notice of each meeting conducted under subsection (a) on the entity's publicly accessible internet website, if any, in an advertisement in a newspaper of general circulation, or both. Public notice shall include the date, time, technology to be used and public participation information as provided under subsection (f).(d) Minutes.--The draft minutes of a meeting called under exigent circumstances, without advance notice to the public, to address any issue related to the governor's disaster emergency declaration related to COVID-19 shall be posted within 20 days after the meeting or before the next regularly scheduled meeting, whichever is earlier.(e)Unrelated issue.--An agency, department, authority, commission, board, council, governing body or other entity of a political subdivision shall not consider any application, plat, plan, submission, appeal or curative amendment unrelated to the governor's declaration of disaster emergency related to COVID-19 during a meeting unless notice to the public and interested parties has been provided at least five days prior to the meeting via a post on the entity's publicly accessible internet website, if any, in a newspaper of general circulation, or both.(f) Public participation.--To the extent practicable, an agency, department, authority, commission, board, council, governing body or other entity of a political subdivision shall allow for public participation in a meeting, hearing or proceeding through an authorized telecommunication device or written comments. Written comments may be submitted to the entity's physical address through United States mail or to a email account designated by the entity to receive the comments.(g) Action.--For an action required by law in consideration of any application, plat, plan or other submission for an approval or for an action on an appeal or curative amendment, the following shall apply:(1) Notwithstanding any provision of law, for an approval, application, plat, plan, submission, appeal or curative amendment received or pending as of the date of or during the governor's declaration of a disaster emergency related to COVID-19, the number of days provided to satisfy statutory time limits in review, hearing and decision shall be suspended and tolled as of the date of the disaster or emergency declaration or as of the date received if received during the disaster or emergency declaration, and shall resume 30 days after the effective date of this section.(2) Notification, in writing, shall be provided to each applicant subject to this section of the disaster or emergency, the time extension under this section and the right to a request as provided under paragraph (3). A failure to receive the notice provided under this section shall not affect the tolling of the number of days provided to satisfy statutory time limits for review, hearing and decisions.(3) Within 30 days of the effective date of this section, an applicant may request a meeting, hearing or proceeding as may be required by law, and provisions governing the application, plat, plan, submission, appeal or curative amendment during the period of the disaster or emergency in accordance with this section. The agency, department, authority, commission, board, council, governing body or other entity of a political subdivision shall have discretion to proceed with a request under this paragraph. If a proceeding is authorized, the applicant and each party receiving actual notice of the proceeding shall be deemed to waive any challenge to the proceedings under 65 Pa.C.S. Ch. 7 (relating to open meetings) or any other provision of law that governs the notice, conduct or participation in a meeting or proceeding.(h) Applicability.--This section shall apply to COVID-19 disaster emergency.(i)Expiration.--This section shall expire when the COVID-19 disaster emergency terminates or expires under Section 7301(c) (relating to general authority of Governor).(j) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Approval." As defined in section 2 of the act of July 9, 2013 ( P.L. 362, No.54), known as the Development Permit Extension Act.
"Authorized telecommunications device." The term includes any device which permits, at a minimum, audio communication between individuals.
Added by P.L. TBD 2020 No. 15, § 1.1, eff. 4/20/2020.