PRINTER'S NO. 137
No. 105 Session of 2007
INTRODUCED BY MUSTO, M. WHITE, FONTANA, STOUT, RAFFERTY, TOMLINSON, WOZNIAK, RHOADES AND GREENLEAF, MARCH 2, 2007
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 2, 2007
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," authorizing the members of
21 the Environmental Quality Board to retain independent legal
22 counsel to the performance of its duties.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Section 471 of the act of April 9, 1929 (P.L.177,
26 No.175), known as The Administrative Code of 1929, amended
27 November 1, 1979 (P.L.251, No. 83), is amended to read:
28 Section 471. Environmental Quality Board.--(a) The
1 Environmental Quality Board shall consist of the Secretary of 2 Environmental Resources, who shall be chairman thereof, the 3 Secretary of Health, the Secretary of Commerce, the Secretary of 4 Transportation, the Secretary of Agriculture, the Secretary of 5 Labor and Industry, the Secretary of Community Affairs, the 6 Executive Director of the Fish Commission, the Executive 7 Director of the Game Commission, the Chairman of the Public 8 Utilities Commission, the Executive Director of the State 9 Planning Board, the Executive Director of the Pennsylvania 10 Historical and Museum Commission, five members of the Citizens 11 Advisory Council, and four members of the General Assembly. The 12 Citizens Advisory Council members shall be designated by, and 13 serve at the pleasure of, the Citizens Advisory Council. One of 14 the General Assembly members shall be designated by, and serve 15 at the pleasure of, the President Pro Tempore of the Senate, one 16 by the Minority Leader of the Senate, one by the Speaker of the 17 House of Representatives and one by the Minority Leader of the 18 House of Representatives. In addition to the heads of the 19 various departments as elsewhere in this act provided, the other 20 members of the board may have named alternates to serve in their 21 stead, the alternates for the members of the board from the 22 Citizens Advisory Council to be selected by that council from 23 members of the council and each other alternate to be selected 24 by that particular member of the board in whose stead he is to 25 serve. No person will serve as alternate for more than one board 26 member. 27 (b) Eight members of the board shall constitute a quorum. 28 (c) The Department of Environmental Protection shall appoint 29 a counsel to the board, who shall also serve as an independent 30 counsel to members of the board. The independent counsel shall 20070S0105B0137 - 2 -
1 be compensated out of the appropriation for the general 2 government operations of the Department of Environmental 3 Protection. At the discretion of the board, the independent 4 counsel shall assist members on all matters before the board, 5 including, but not limited to, the review of rulemaking 6 petitions submitted to the board, the drafting and development 7 of amendments to proposed and final rulemakings and procedural 8 matters. All communication between the independent counsel and a 9 board member or the board shall be considered privileged and 10 confidential between the independent counsel and the board and 11 such privilege may be waived only by the board. 12 Section 2. This act shall take effect immediately. L12L71DMS/20070S0105B0137 - 3 -