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Legislative Handbook

This Legislative Handbook was made possible through a grant awarded by the American Heart Association’s Voices for Healthy Kids program to Clean Air Council, a nonprofit health advocacy organization working throughout Pennsylvania to protect everyone’s right to breathe clean air. The Handbook is intended to be a guide for municipal legislators to supplement the advice and information available to them via their city/ township/ borough solicitor. Clean Air Council recognizes the landscape of challenges and opportunities facing local elected officials is constantly evolving, and will periodically update the Handbook so that it remains a valuable tool for years to come.

*The information contained in the Handbook is current as of October, 2025.

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Engagement Tools

Engagement Tools In addition to this Handbook, there are a number of tools available to help foster engagement between...

Zoning

Is there preemption?  Generally, there is no preemption for zoning. However, there may be certain uses in  Pennsylvania where...

Waste Recycling

Is there preemption? Yes. What is the preemption statute? Waste management & recycling is controlled by the Municipal Planning,...

Wages

Is there preemption? Yes. What is the preemption statute? 43 Pa. Stat. Ann. § 333.114a as passed by the...

Tobacco

Tobacco Is there preemption? Yes, state law preempts municipalities from regulatory actions such as setting minimum age requirements for...

Rent Control

Rent Control Is there preemption? No. What are the governing state statutes? The statute governing landlord-tenant law in Pennsylvania...

Runoff (from agriculture)

Is there preemption? Yes, but not completely. Preemption applies to runoff in the same way that it applies to...

Public Transportation

Public Transportation Is there preemption? No. Pennsylvania’s public transportation law does not explicitly preempt municipal public transportation programs. What...

Plastic Bags/Single-Use Plastics

Is there preemption? No, there is no preemption on single use plastic bans – municipalities are free to ban...

Pesticides

Is there preemption Yes. There is explicit preemption of all local pesticide regulation. What is the preemption statute? Section...

Non-Discrimination Ordinances

Is there preemption? No, the Pennsylvania Human Relations Act (PHRA) explicitly grants permission to cities, townships, boroughs, and counties...

Labor & Employment

Labor Is there preemption? No. Labor preemption laws, also known as “right-to-work” laws, are related to union membership and...

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