PRINTER'S NO. 3183
No. 2523 Session of 1994
INTRODUCED BY GEORGE, SURRA, MIHALICH, VEON, MELIO, FREEMAN, BLAUM, CESSAR, BUXTON, VAN HORNE, OLASZ, COY, STERN, FAIRCHILD, MUNDY, STABACK, SATHER, PISTELLA, CLARK, McCALL, CAPPABIANCA, LAUGHLIN, MERRY, GORDNER, LAUB, THOMAS, KING, WILLIAMS, PETRARCA, ROONEY, HANNA AND CURRY, FEBRUARY 2, 1994
REFERRED TO COMMITTEE ON CONSERVATION, FEBRUARY 2, 1994
AN ACT 1 Amending the act of July 13, 1988 (P.L.530, No.94), entitled "An 2 act establishing the Environmental Hearing Board as an 3 independent, quasi-judicial agency; providing for the 4 membership and staff, the powers and duties, the seats and 5 the existing members of the board; transferring certain 6 funds; and making repeals," providing for the Office of 7 Citizen Advocate for the Environment; and making an 8 appropriation. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. The title of the act of July 13, 1988 (P.L.530, 12 No.94), known as the Environmental Hearing Board Act, is amended 13 to read: 14 AN ACT 15 Establishing the Environmental Hearing Board as an independent, 16 quasi-judicial agency; providing for the membership and 17 staff, the powers and duties, the seats and the existing 18 members of the board; providing for the Office of Citizen 19 Advocate for the Environment; transferring certain funds; and
1 making repeals. 2 Section 2. Section 2 of the act is amended by adding 3 definitions to read: 4 Section 2. Definitions. 5 The following words and phrases when used in this act shall 6 have the meanings given to them in this section unless the 7 context clearly indicates otherwise: 8 "Advocate." The Citizen Advocate for the Environment. 9 * * * 10 "Citizen." A resident of this Commonwealth who is 18 years 11 of age or older. 12 * * * 13 "Office." The Office of Citizen Advocate for the 14 Environment. 15 * * * 16 Section 3. The act is amended by adding sections to read: 17 Section 6.1. Office of Citizen Advocate for the Environment. 18 (a) Office established.--There is hereby established within 19 the board the Office of Citizen Advocate for the Environment to 20 represent the interests of citizens and municipalities before 21 the department. 22 (b) Appointment.--The Governor shall appoint a Citizen 23 Advocate for the Environment, which appointment shall be subject 24 to the approval of a majority of the members elected to the 25 Senate. The advocate shall serve until a successor is appointed 26 and qualified. 27 (c) Qualifications.--The advocate shall be a person who, by 28 reason of training, experience and attainment, is qualified to 29 represent the interests of citizens and municipalities. The 30 advocate shall be an attorney in good standing before the Bar of 19940H2523B3183 - 2 -
1 the Supreme Court of Pennsylvania. Compensation shall be set by 2 the Executive Board. 3 (d) General restrictions.--The advocate shall not engage in 4 any business, vocation or other employment, or have other 5 interests inconsistent with his official responsibilities, nor 6 shall he seek or accept employment with nor render beneficial 7 services for compensation for any "person" or "corporation," as 8 defined in 66 Pa.C.S. § 102 (relating to definitions), subject 9 to the authority of the Pennsylvania Public Utility Commission, 10 during the tenure of his appointment and for a period of one 11 year after the appointment is served or terminated. 12 (e) Political office restrictions.--The advocate shall not 13 seek election nor accept appointment to any public office during 14 his tenure as advocate and for a period of one year afterward. 15 (f) Chairperson of Environmental Hearing Board 16 restrictions.--The Chairperson of the Environmental Hearing 17 Board shall have administrative responsibilities for the office, 18 but shall not be responsible, in any manner, for the policies, 19 procedures or other substantive matters developed by the office 20 in carrying out its duties under this act to represent citizens 21 and municipalities. 22 Section 6.2. Assistant advocates; employees. 23 The advocate, with the approval of the Chairperson of the 24 Environmental Hearing Board, shall appoint attorneys as 25 assistant advocates, and additional clerical, technical and 26 professional staff as may be appropriate, and may contract for 27 additional services as shall be necessary for the performance of 28 his function. The compensation of assistant advocates and 29 clerical, technical and professional staff shall be set by the 30 Executive Board. No assistant advocate or other staff employee 19940H2523B3183 - 3 -
1 shall, while serving in the position, engage in any business, 2 vocation or other employment, or have other interests 3 inconsistent with his official responsibilities. 4 Section 6.3. Powers and duties of advocate. 5 (a) Representing interests of citizens or municipalities.-- 6 In addition to any other authority conferred by this act, the 7 advocate is authorized, and it shall be his duty in carrying out 8 his responsibilities under this act, to represent the interests 9 of citizens as a party or municipalities, or otherwise to 10 participate for the purpose of representing the interests of 11 citizens or municipalities, in any matter before the board or 12 department or before any court or agency. The advocate may 13 initiate proceedings as in his judgment may be necessary in 14 connection with any matter involving regulation by the 15 department or the corresponding regulatory agency of the Federal 16 Government, whether on appeal or otherwise. 17 (b) Monitoring and participating in proceedings.--The 18 advocate may monitor all cases before corresponding regulatory 19 agencies of the Federal Government, such as the Environmental 20 Protection Agency, which may impact upon the interests of 21 citizens or municipalities and may formally participate in those 22 proceedings which in his judgment warrant participation. 23 (c) Exercise of discretion.--The advocate may exercise 24 discretion in determining the interests which will be advocated 25 in any particular proceeding and in determining whether to 26 participate in or initiate any particular proceeding. In making 27 this determination, the advocate shall consider the public 28 interest, the resources available and the substantiality of the 29 effect of the proceeding on the interests of citizens and 30 municipalities. The advocate may refrain from intervening when, 19940H2523B3183 - 4 -
1 in his judgment, intervention is not necessary to represent 2 adequately the interests of citizens or municipalities. 3 (d) Small business representation.--In addition to any other 4 authority conferred upon him by this act, the advocate is 5 authorized to represent interests of small business as defined 6 under the Small Business Act (Public Law 85-536, 15 U.S.C. § 631 7 et seq.). If the advocate declines or is unable to represent the 8 interest, he shall notify the sponsors and shall explain the 9 reasons for his failure to act. 10 (e) Name in which action is brought.--Any action brought by 11 the advocate before a court or any agency of this Commonwealth 12 shall be brought in the name of the advocate. The advocate may 13 name a municipality, citizen or group of citizens in whose name 14 the action may also be brought or may join citizens or 15 municipalities in bringing the action. 16 (f) Issuance of written statement.--If the advocate 17 determines, in accordance with applicable time limitations, to 18 initiate, intervene or otherwise participate in any department, 19 agency or court proceeding, he shall issue publicly a written 20 statement, a copy of which he shall file in the proceeding, in 21 addition to any required entry of his appearance, stating 22 concisely the specific interests of citizens or municipalities 23 to be protected. 24 Section 6.4. Funding. 25 (a) Appropriation.--The sum of $1,000,000 is hereby 26 appropriated to the Environmental Hearing Board for the fiscal 27 year July 1, 1993, to June 30, 1994, for the use of, and 28 allocated to, the Office of Citizen Advocate for the Environment 29 for disbursement solely for its purposes under this act. 30 (b) Requisitions.--All requisitions upon the appropriation 19940H2523B3183 - 5 -
1 shall be signed by the advocate or any deputies as he may 2 designate in writing to the State Treasurer, and shall be 3 presented to the State Treasurer and dealt with by him in the 4 manner prescribed by the act of April 9, 1929 (P.L.343, No.176), 5 known as The Fiscal Code. 6 (c) Estimate of expenditures.--Before November 1 of each 7 year, the advocate shall estimate the total expenditures for the 8 office and submit the estimate to the Governor in accordance 9 with section 610 of the act of April 9, 1929 (P.L.177, No.175), 10 known as The Administrative Code of 1929. At the same time the 11 advocate submits his estimate to the Governor, he shall also 12 submit a copy of the estimate to the General Assembly. The 13 advocate or his designated representatives shall be afforded an 14 opportunity to appear before the Governor, the Appropriations 15 Committee of the Senate and the Appropriations Committee of the 16 House of Representatives regarding the estimate. 17 Section 6.5. Duties of department. 18 In dealing with any proposed action which may substantially 19 affect the interests of citizens or municipalities, including, 20 but not limited to, the adoption of rules, regulations, 21 guidelines, orders, standards or final policy decisions, the 22 department shall: 23 (1) Notify the advocate when notice of the proposed 24 action is given to the public or at a time fixed by agreement 25 between the advocate and the department in a manner to assure 26 the advocate reasonable notice and adequate time to determine 27 whether to intervene in the matter. 28 (2) Consistent with its other statutory 29 responsibilities, take such action with due consideration to 30 the interests of citizens or municipalities. 19940H2523B3183 - 6 -
1 Section 6.6. Savings provision; construction. 2 (a) No bar to other action.--Nothing contained in this act 3 shall in any way limit the right of any citizen or municipality 4 to bring a proceeding before either the department, an agency or 5 a court. 6 (b) No impairment to department or board.--Nothing contained 7 in this act shall be construed to impair the statutory authority 8 or responsibility of the department or the board. 9 Section 6.7. Reports. 10 The advocate shall annually transmit to the Governor and to 11 the General Assembly and make available to the public an annual 12 report on the conduct of the office. Included in the report 13 shall be an accounting of the office's expenditures for the 14 calendar year, which are directly attributable, or, in the 15 office's judgment, properly allocable, to its activities. The 16 advocate shall make recommendations as may from time to time be 17 necessary or desirable to protect the interests of citizens and 18 municipalities. 19 Section 4. This act shall take effect in 60 days. L6L27BIL/19940H2523B3183 - 7 -