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                                                      PRINTER'S NO. 1278

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1020 Session of 2007


        INTRODUCED BY WONDERLING, BRUBAKER, WAUGH, O'PAKE, BOSCOLA,
           PUNT, CORMAN, MADIGAN, MUSTO, EARLL, FERLO, BROWNE AND
           FOLMER, JULY 3, 2007

        REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JULY 3, 2007

                                     AN ACT

     1  Amending the act of May 15, 1945 (P.L.547, No.217), entitled, as
     2     amended, "An act relating to the conservation of soil, water
     3     and related natural resources and land use practices
     4     contributing to soil wastage and soil erosion; providing for
     5     the organization of the various counties into conservation
     6     districts; the appointment of their officers and employes;
     7     and prescribing their powers and duties; creating the State
     8     Conservation Commission in the Department of Environmental
     9     Resources and fixing its powers and duties relative to the
    10     administration of this act; providing financial and legal
    11     assistance to such conservation districts and the commission;
    12     and authorizing county governing bodies to make
    13     appropriations thereto; providing for disposition and
    14     operation of existing districts; and repealing existing
    15     laws," further providing for declaration of policy, for the
    16     State Conservation Commission, for creation of conservation
    17     districts, for designation of district directors, for
    18     appointment, qualifications, compensation and tenure of
    19     directors, for organization of directors, for powers of
    20     districts and directors, for Commonwealth agencies to
    21     cooperate and for discontinuation of districts; and making a
    22     repeal.

    23     The General Assembly of the Commonwealth of Pennsylvania
    24  hereby enacts as follows:
    25     Section 1.  Section 2 of the act of May 15, 1945 (P.L.547,
    26  No.217), known as the Conservation District Law, reenacted and
    27  amended December 19, 1984 (P.L.1125, No.221), is amended to


     1  read:
     2     Section 2.  Declaration of Policy.--It is hereby declared to
     3  be the policy of the Commonwealth [to]:
     4     (1)  To provide for the conservation of the soil, water and
     5  related resources of this Commonwealth, and for the control and
     6  prevention of soil erosion, and thereby to preserve natural
     7  resources; assist in the control of floods; assist in developing
     8  and implementing plans for storm water management; prevent
     9  impairment of dams and reservoirs; assist in maintaining the
    10  navigability of rivers and harbors; protect air quality;
    11  preserve wildlife; preserve the tax base; protect public lands;
    12  and protect and promote the health, safety and general welfare
    13  of the people of the Commonwealth.
    14     (2)  To designate conservation districts as the primary local
    15  government unit responsible for the conservation of natural
    16  resources in this Commonwealth and to be responsible for
    17  implementing programs, projects and activities to quantify,
    18  prevent and control non-point sources of pollution.
    19     (3)  To authorize and encourage conservation districts to
    20  work in close cooperation with landowners and occupiers,
    21  agencies of Federal and State government, other local and county
    22  government units and other entities identified and approved by
    23  the commission for the purposes of effectuating programs and
    24  policies under this act.
    25     Section 2.  Section 3(m) of the act is amended to read:
    26     Section 3.  Definitions.--Wherever used or referred to in
    27  this act unless a different meaning clearly appears from the
    28  context:
    29     * * *
    30     (m)  "Department" means the Department of Environmental
    20070S1020B1278                  - 2 -     

     1  [Resources] Protection.
     2     Section 3.  Section 4 of the act, amended April 30, 1986
     3  (P.L.128, No.39), is amended to read:
     4     Section 4.  State Conservation Commission.--(1)  There is
     5  hereby created [in the department] the State Conservation
     6  Commission, which shall be a departmental administrative
     7  commission under the concurrent authority of the department and
     8  the Department of Agriculture, with all the powers and duties
     9  generally vested in, and imposed upon, such commissions by the
    10  act of April 9, 1929 (P.L.177, No.175), known as "The
    11  Administrative Code of 1929."
    12     (a)  The commission shall be administratively housed within
    13  the Department of Agriculture and shall be staffed and supported
    14  by both the department and the Department of Agriculture.
    15     (b)  In order for the commission to fulfill its duties and
    16  responsibilities and exercise its authority under this act, an
    17  agreement shall be executed between the Department of
    18  Agriculture, the department and the commission which:
    19     (i)  Specifically defines and delineates the role and
    20  responsibility of each agency in assisting the commission in
    21  fulfilling its duties.
    22     (ii)  Identifies staff and other resources each agency shall
    23  assign to the commission to fulfill the responsibilities
    24  identified in paragraph (i).
    25     (iii)  Specifies the compensation, if any, the commission or
    26  any local conservation district shall receive for performing
    27  duties delegated to them by either agency.
    28     (c)  In order for the commission to fulfill its duties and
    29  responsibilities and exercise its authority under this act, the
    30  commission, the department and the Department of Agriculture:
    20070S1020B1278                  - 3 -     

     1     (i)  May establish joint offices in order to facilitate
     2  cooperation and coordination of work and to eliminate
     3  overlapping functions.
     4     (ii)  Shall cooperate with each other in the use of employes,
     5  land, buildings, quarters, facilities and equipment.
     6     (iii)  Shall establish a single point of contact for the
     7  support, funding, administration and oversight of conservation
     8  districts, directors and staff, and other cooperating
     9  organizations and individuals.
    10     (d)  Upon request of the commission, for the purpose of
    11  carrying out any of its functions, any agency of the
    12  Commonwealth and The Pennsylvania State University may assign or
    13  detail members of their staff or personnel to the commission to
    14  provide services and support and may make such special reports,
    15  surveys or studies as the commission may request.
    16     (e)  The commission shall consist of the Secretary of
    17  Environmental [Resources, who shall be the chairman,] Protection
    18  or a designee, the Secretary of Agriculture of Pennsylvania or a
    19  designee, the Dean of the College of Agriculture of The
    20  Pennsylvania State University and four farmer members, who shall
    21  be farmers, to be appointed by the Governor with the advice and
    22  consent of a majority of the members elected to the Senate. In
    23  appointing farmer members, the Governor shall consider nominees
    24  submitted by the associations known as the "Pennsylvania State
    25  Council of Farm Organizations," and the "Pennsylvania
    26  Association of Conservation [District Directors, Inc."]
    27  Districts, Inc.," or their successor organizations. Each
    28  association shall nominate one candidate for each farmer member
    29  vacancy. Two public members who shall not be farmers shall also
    30  be appointed to the commission by the Governor with the advice
    20070S1020B1278                  - 4 -     

     1  and consent of a majority of the members elected to the Senate.
     2  The State Conservationist of the [Soil Conservation Service,]
     3  Natural Resources Conservation Service of the United States
     4  Department of Agriculture [and], the Associate Director of the
     5  Cooperative Extension Service of The Pennsylvania State
     6  University, the President of the Pennsylvania Association of
     7  Conservation Districts, Inc., the Secretary of Conservation and
     8  Natural Resources or a designee and the Secretary of Community
     9  and Economic Development or a designee shall be associate, non-
    10  voting members of the commission.
    11     (f)  The commission may appoint other associate, non-voting
    12  members who may be selected and removed with a two-thirds vote
    13  of the voting members.
    14     (g)  The chairmanship of the commission shall rotate on an
    15  annual basis between the Secretary of Agriculture and the
    16  Secretary of Environmental Protection with the Secretary of
    17  Agriculture chairing the first annual rotation beginning July 1,
    18  2007.
    19     (h)  The commission shall keep a record of its official
    20  actions, and may perform such acts and promulgate such policies,
    21  procedures, performance standards, guidelines, rules and
    22  regulations as may be necessary. [The department shall assign
    23  such personnel as needed for the execution of the commission's
    24  function under this act.]
    25     (i)  The commission by a majority of its voting members shall
    26  select and employ an independent executive secretary to serve
    27  and report to the commission. The executive secretary shall not
    28  be supervised by the Department of Agriculture, the department
    29  or any other voting member entity. The commission shall assign
    30  the executive secretary duties and responsibilities as required
    20070S1020B1278                  - 5 -     

     1  to fulfill its obligations under this act.
     2     (j)  A majority of the voting members shall constitute a
     3  quorum and all decisions of the commission shall require a
     4  concurrence of the voting members of the commission.
     5     (k)  At the last regular meeting of the commission in the
     6  calendar year, a vice-chairperson shall be elected by the
     7  members of the commission and shall serve in that capacity for
     8  the ensuing year.
     9     (l)  The farmer and public members of the commission shall be
    10  appointed for a period of four years and shall hold office until
    11  their successors have been appointed and have qualified, but no
    12  longer than six months beyond the four-year period. The four
    13  farmer members' terms shall be so staggered that no more than
    14  one member's term shall expire each year while the two public
    15  members' terms shall be so staggered that no more than one
    16  member's term shall expire every second year. At the expiration
    17  of their terms of office, or in the event of vacancies through
    18  death, resignation or otherwise, new farmer or public members
    19  shall be appointed to fill the unexpired terms of the members
    20  they are replacing. All farmer and public members of the
    21  commission shall be entitled to one hundred fifty dollars ($150)
    22  per diem adjusted every four years for inflation plus
    23  reimbursement for reasonable traveling, lodging and other
    24  necessary expenses incurred in the discharge of their duties in
    25  accordance with Commonwealth regulations.
    26     (m)  The commission shall provide for the keeping of a full
    27  and accurate record of all proceedings and of all resolutions,
    28  regulations and orders issued or adopted.
    29     (n)  An appointed member of the commission who fails to
    30  attend three consecutive meetings without cause shall forfeit
    20070S1020B1278                  - 6 -     

     1  his seat unless the chairperson of the commission, upon written
     2  request from the member, finds that the member should be excused
     3  from a meeting. The Governor may also remove an appointed member
     4  of the commission for malfeasance or misfeasance.
     5     (2)  At the request of the [State Conservation Commission]
     6  commission, the Attorney General and/or Office of General
     7  Counsel of the Commonwealth will provide such services as the
     8  [State Conservation Commission] commission may require. With
     9  respect to any program delegated [by the department] by any
    10  department of the Commonwealth to a conservation district
    11  pursuant to section 11(2), at the request of the [State
    12  Conservation Commission] commission, the Attorney General and/or
    13  Office of General Counsel will provide such services as the
    14  conservation district may require. With respect to the
    15  performance of any duties or functions delegated to a
    16  conservation district by [the] any department of the
    17  Commonwealth pursuant to section 11(2), the Commonwealth will
    18  defend and indemnify district directors [and], associate
    19  directors and district employes to the same extent as it defends
    20  and indemnifies Commonwealth employes, and such directors [and],
    21  associate directors and employes shall have all immunities
    22  afforded by law to Commonwealth employes.
    23     (3)  The commission shall have authority to delegate to its
    24  chairperson, to one or more of its members, or to one or more
    25  agents or employes, such powers and duties as it may deem
    26  proper. Upon request of the commission, for the purpose of
    27  carrying out any of its functions, any agency of the
    28  Commonwealth and The Pennsylvania State University may assign or
    29  detail members of the staff or personnel to the commission, and
    30  may make such special reports, surveys or studies or provide
    20070S1020B1278                  - 7 -     

     1  services as the commission may request.
     2     [(4)  The farmer and public members of the commission shall
     3  be appointed for a period of four years and shall hold office
     4  until their successors have been appointed and have qualified,
     5  but no longer than six months beyond the four-year period. The
     6  four farmer members' terms shall be so staggered that no more
     7  than one member's term shall expire each year while the two
     8  public members' terms shall be so staggered that no more than
     9  one member's term shall expire every second year. At the
    10  expiration of their terms of office, or in the event of
    11  vacancies through death, resignation or otherwise, new farmer or
    12  public members shall be appointed to fill the unexpired term of
    13  the members they are replacing. A majority of the commission
    14  shall constitute a quorum and all decisions shall require the
    15  concurrence of a majority of the commission. All farmer and
    16  public members of the commission shall be entitled to sixty
    17  dollars ($60) per diem plus reimbursement for reasonable
    18  traveling, lodging and other necessary expenses incurred in the
    19  discharge of their duties in accordance with Commonwealth
    20  regulations. The commission shall provide for the execution of
    21  surety bonds for all employes and officers who shall be
    22  entrusted with funds or property of the commission and shall
    23  provide for the keeping of a full and accurate record of all
    24  proceedings and of all resolutions, regulations and orders
    25  issued or adopted. A farmer or public member of the commission
    26  who fails to attend three consecutive meetings shall forfeit his
    27  seat unless the Secretary of Environmental Resources, upon
    28  written request from the member, finds that the member should be
    29  excused from a meeting because of illness or the death of a
    30  family member.]
    20070S1020B1278                  - 8 -     

     1     (5)  In addition to the duties and powers herein conferred
     2  upon the commission, it shall have the following duties and
     3  powers:
     4     (a)  To offer such training, assistance and certification as
     5  may be appropriate to the directors, staff and volunteers of
     6  conservation districts;
     7     (b)  To keep the directors of each of the districts generally
     8  informed of activities and experience useful to other districts;
     9     (c)  To approve and coordinate the programs of the
    10  conservation districts or projects; to apportion among the
    11  several districts or to any agency of the Commonwealth, the
    12  United States or cooperating organizations any funds allotted
    13  from State, Federal or other sources; [and] to be responsible
    14  for the expenditures of such funds by the districts; and to
    15  establish standards for conservation district audits;
    16     (d)  To secure the cooperation and assistance of any
    17  governmental agency and to be the agency through which
    18  government aid in land and water management and conservation of
    19  related resources can be extended to private lands;
    20     (e)  To disseminate information concerning the activities and
    21  programs of the conservation districts and to encourage the
    22  formation of such districts in areas where their organization is
    23  desirable;
    24     (f)  To accept contributions of money, services or materials
    25  to carry on land and water management and conservation of
    26  related resources under the provisions of this act;
    27     (g)  To designate the organizations within the county that
    28  may act in nominating persons for appointment as directors, as
    29  provided in section 6 of this act. Such designations may be
    30  changed from time to time as conditions may warrant;
    20070S1020B1278                  - 9 -     

     1     (h)  To approve applications for projects and recommend
     2  priorities for planning for watershed applications under the
     3  Watershed Protection and Flood Prevention Act, U. S. Public Law
     4  566 of 1954, as amended;
     5     (i)  To approve applications for projects and recommend
     6  priorities for planning for applications under the Resource and
     7  Conservation and Development Program authorized by Public Law
     8  87-703, the Food and Agriculture Act of 1962, as amended;
     9     (j)  To approve applications and recommend priorities for
    10  other Federal programs requiring State Conservation Commission
    11  participation;
    12     (k)  To provide assistance through conservation districts to
    13  environmental advisory councils created by municipalities
    14  pursuant to the act of December 21, 1973 (P.L.425, No.148),
    15  referred to as the Municipal Environmental Advisory Council Law.
    16     (l)  To approve the delegation of and contracting for certain
    17  functions and powers to districts and to monitor district
    18  activities in response to delegated functions and powers
    19  otherwise accepted by or contracted to districts.
    20     (6)  The commission shall have the power to receive such
    21  funds as appropriated, given, granted or donated to it, or to
    22  the program provided for in this act by the Federal Government,
    23  the Commonwealth or any other governmental or private agency or
    24  person, and shall use such funds for the carrying out of the
    25  provisions of this act. The commission may allocate such funds,
    26  or parts thereof, to the conservation districts or to any agency
    27  of this Commonwealth, the United States, or cooperating
    28  organization. Funds so allocated shall be apportioned in an
    29  equitable and just manner at the discretion of the commission,
    30  but the decision of the commission shall be final.
    20070S1020B1278                 - 10 -     

     1     (7)  The commission shall have the power to administer grant
     2  and loan programs for landowners to implement non-point source
     3  best management practices on their properties.
     4     Section 4.  Section 5 of the act is amended to read:
     5     Section 5.  Creation of Conservation Districts.--(1)  When
     6  the county governing body determines, in the manner hereinafter
     7  provided, that conservation of soil and water, and related
     8  resources and control and prevention of accelerated soil erosion
     9  are problems of public concern in the county, and that a
    10  substantial proportion of the [rural] land owners of the county
    11  favor such a resolution, it shall be lawful for the said county
    12  governing body, by a resolution adopted at any regular or
    13  special meeting [of the board], to declare the county to be a
    14  conservation district, for the purpose of effectuating the
    15  legislative policy announced in section 2. These determinations
    16  may be made through petitions, hearings, referenda or by any
    17  other means which the county governing body deems appropriate.
    18     (2)  Such a district, upon its creation, shall constitute a
    19  public body corporate and politic exercising public powers of
    20  the Commonwealth as an agency thereof.
    21     (3)  All soil conservation districts and soil and water
    22  conservation districts created in the past under the provisions
    23  of this act shall henceforth be named conservation districts.
    24     Section 5.  Sections 6 and 7 of the act, amended April 30,
    25  1986 (P.L.128, No.39), are amended to read:
    26     Section 6.  Designation of District Directors.--(1)  When a
    27  county has been declared a conservation district, a board of
    28  directors, consisting of seven members, shall be appointed by
    29  the county governing body. This board of directors shall consist
    30  of one member of the county governing body, not more than four
    20070S1020B1278                 - 11 -     

     1  or less than two farmers, and not less than two or more than
     2  four public members who shall not be farmers. The commission may
     3  waive the requirement for two farmer members in first, second
     4  and second class-A counties upon the request of the conservation
     5  district and the county governing body consistent with section
     6  6(1) and approved by the commission. The total number of
     7  directors shall always be seven, unless the [State Conservation
     8  Commission] commission, upon request of the district and the
     9  county governing body, approves a lesser or greater number in
    10  unusual or extenuating circumstances but in no case shall the
    11  number be less than five nor more than nine. The composition of
    12  the board shall be determined by the county governing body and
    13  approved by the [State Conservation Commission] commission
    14  before such change shall become effective; the farmer and public
    15  members to be appointed shall be selected from a list containing
    16  at least [double the number of directors] one eligible nominee
    17  for each director to be appointed, and such list is to be
    18  [submitted by each of the organizations within the county
    19  designated by the State Conservation Commission.] composed of
    20  eligible nominations submitted in writing by a qualified officer
    21  of the organizations designated by the commission. Upon receipt
    22  of notice from the [State Conservation Commission] commission of
    23  the organizations to be entitled to make such nominations, and
    24  having secured nomination lists, the county governing body shall
    25  appoint the proper number of directors. The composition of the
    26  board shall be determined by the county governing body and
    27  approved by the commission before such change becomes effective.
    28     (2)  The district board may appoint associate directors
    29  without voting power [to carry out the district's business at
    30  the discretion of the district board].
    20070S1020B1278                 - 12 -     

     1     Section 7.  Appointment; Qualifications; Compensation; and
     2  Tenure of Directors.--(1)  The director appointed from the
     3  county governing body shall be appointed annually by the county
     4  governing body. A county governing body may require that a
     5  director of the conservation district be a resident of the
     6  county. The term of office for farmer and public directors will
     7  be four years, except that directors shall be appointed so that
     8  no more than three directors' terms shall expire in any one
     9  year, unless a conservation district board is comprised of more
    10  than seven directors as provided for in section 7. A director
    11  shall hold office until a successor has been appointed and has
    12  qualified. Vacancies shall be filled for the unexpired terms.
    13  Successors to fill unexpired terms or for full terms shall be
    14  appointed by the county governing body from a list containing at
    15  least [double the number of directors] one eligible nominee for
    16  each director to be appointed, and such list [to] shall be
    17  composed of eligible nominations submitted in writing by a
    18  qualified officer of each of the organizations designated by the
    19  [State Conservation Commission.] commission. The names and
    20  contact information, including home addresses of all directors,
    21  shall be provided to the commission by the county governing body
    22  within thirty days of their appointment. The final list of
    23  nominations shall be placed on file by the county governing body
    24  and shall be open to public inspection. In filling unexpired
    25  terms, the county governing body may make appointments from any
    26  list prepared in the above manner that has been compiled within
    27  the twelve months preceding such appointments.
    28     (2)  The director appointed from the county governing body
    29  shall receive no additional compensation but shall receive
    30  traveling expenses as allowed as a member of the county
    20070S1020B1278                 - 13 -     

     1  governing body. The other members of the board of directors
     2  shall serve without pay, unless, at the district's request, the
     3  [State Conservation Commission] commission approves the
     4  district's request to pay directors for services rendered on
     5  specific projects at a rate approved by the commission. The
     6  directors may be paid a per diem and may be reimbursed for
     7  actual and necessary expenses incurred while engaged in the
     8  performance of their official duties, provided funds are made
     9  available by the county governing body or by the [State
    10  Conservation Commission] commission for such purpose, and under
    11  such terms and conditions as [the county governing body or the
    12  commission, whichever has provided the funds, shall determine]
    13  established by the commission.
    14     Section 6.  Section 8 of the act is amended by adding a
    15  paragraph to read:
    16     Section 8.  Organization of Directors.--* * *
    17     (5)  The county governing body may remove a district director
    18  from the district board for malfeasance or misfeasance. The
    19  commission shall establish guidelines, policies and procedures
    20  for the removal of a district director.
    21     Section 7.  Sections 9, 11 and 12(2) of the act are amended
    22  to read:
    23     Section 9.  Powers of Districts and Directors.--The directors
    24  of a district shall have the following powers in addition to
    25  those granted in other sections of this act:
    26     (1)  To conduct surveys, investigations and research relating
    27  to the character of soil erosion and the preventive control
    28  measures needed and to publish the results of such surveys,
    29  investigation or research, and disseminate information
    30  concerning such preventive and control measures after securing
    20070S1020B1278                 - 14 -     

     1  approval from the [State Conservation Commission: Provided,
     2  however, That in order to avoid duplication of research
     3  activities no district shall initiate any research program
     4  except in cooperation with The Pennsylvania State University
     5  College of Agriculture or any agency approved by the State
     6  Conservation Commission;] commission and to provide notification
     7  and documentation to the commission to avoid duplication of
     8  existing work;
     9     (2)  To employ the necessary personnel to properly conduct
    10  the operations of the district and provide adequate and
    11  necessary insurance coverage for directors and employes, and
    12  appropriate fringe benefits for employes, provided funds are
    13  available for such purposes;
    14     (3)  To carry out preventive and control measures within the
    15  district, including but not limited to, engineering operations,
    16  methods of cultivation, the growing of vegetation, changes in
    17  use of land and drainage operations on lands owned or controlled
    18  by this Commonwealth or any of its agencies with the consent and
    19  cooperation of the agency administering and having jurisdiction
    20  thereof, and on any other lands within the district upon
    21  obtaining the written consent of the owner and occupier of such
    22  lands or the necessary rights or interests in such lands;
    23     (4)  To cooperate or enter into agreements with, and to
    24  furnish financial or other aid to, any agency, governmental or
    25  otherwise, or any occupier of lands within the district in
    26  carrying on erosion and sediment control and prevention
    27  operations and other best management practices, [including
    28  ditching and draining operations] for effective conservation and
    29  utilization of the lands within the district, subject to such
    30  conditions as the directors may deem necessary to advance the
    20070S1020B1278                 - 15 -     

     1  purposes of this act: Provided, however, That such agreements
     2  are within the limits of available funds or within
     3  appropriations made available to it by law;
     4     (5)  To obtain options upon, and to acquire by purchase,
     5  exchange, lease, gift, grant, bequest, devise or otherwise, any
     6  property real or personal or right or interests therein; to
     7  maintain, administer and improve any properties acquired; to
     8  receive income from such properties and to expend such income in
     9  carrying out the purposes and provisions of this act; [and] to
    10  sell, lease or otherwise dispose of any of its property or
    11  interests therein; and to borrow and invest money and to apply
    12  for, receive and use low-interest loans in furtherance of the
    13  purposes and the provisions of this act;
    14     (6)  To make available on such terms as it shall prescribe to
    15  land occupiers within the district, agricultural and engineering
    16  machinery and equipment; fertilizer, seeds and seedlings and
    17  such other material or equipment as will assist such land
    18  occupiers to carry on operations upon their lands for the
    19  effective conservation and utilization of soil resources; and
    20  for the prevention and control of soil erosion;
    21     (7)  To construct, improve and maintain such structures as
    22  may be necessary or convenient for the performance of any of the
    23  operations authorized in this act;
    24     (8)  To assist and advise owners and occupiers of land in
    25  developing and/or implementing plans for storm water management,
    26  water use, water management and water pollution control, soil
    27  erosion control and conservation of water and soil resources,
    28  including recommended engineering practices, cultivation
    29  methods, cropping programs, tillage practices and changes of
    30  land use;
    20070S1020B1278                 - 16 -     

     1     (9)  To assist and advise county and municipal governments in
     2  subdivision and land development reviews, developing and
     3  implementing storm water management plans and programs and in
     4  administering programs for flood control, flood plain
     5  management, water use, water management and water pollution
     6  control and other natural resource concerns;
     7     (9.1)  To engage in any of the following activities: wetland
     8  construction and maintenance; reclamation of mine lands;
     9  reclamation of soil erosion; water management; management of
    10  parks, trails and related facilities; management of forest lands
    11  and roads; road maintenance; odor management and air quality;
    12  development of alternative energy resources; or any other
    13  natural resource program approved by the commission;
    14     (10)  To conduct educational programs relating to [soil and
    15  water conservation] any natural resource program approved by the
    16  conservation district and to publish related educational
    17  materials [relating to soil and water conservation];
    18     (11)  To accept, upon approval by the [State Conservation
    19  Commission] commission, any authority delegated by municipal or
    20  county governments, the Commonwealth or Federal Government;
    21     (12)  To sue and be sued in the name of the district; to have
    22  perpetual succession unless terminated as hereinafter provided;
    23  to make policies and procedures necessary or convenient to the
    24  exercise of its powers and to make and execute contracts and
    25  other instruments necessary or convenient to the exercise of its
    26  powers; to make, and from time to time amend and repeal, rules
    27  and regulations not inconsistent with this act to carry into
    28  effect its purposes and powers;
    29     (13)  As a condition to extending any benefits under this
    30  act, or to the performance of work upon any lands not owned or
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     1  controlled by the Commonwealth or any of its agencies, the board
     2  of directors may require contributions in money, services,
     3  materials or otherwise to any operations conferring such
     4  benefits [and]. The conservation district may require land
     5  occupiers to enter into and perform such agreements or covenants
     6  as to the long term use of such lands as will tend to prevent or
     7  control accelerated erosion thereon or to further any other
     8  provision of this act. The district may contract with State and
     9  local agencies for payment for services rendered;
    10     (14)  No provisions with respect to the acquisition,
    11  operation or disposition of property by other public bodies
    12  shall be applicable to a district organized hereunder unless the
    13  Legislature shall specifically so state;
    14     (15)  To accept contributions of any character from any
    15  source whatsoever, but only by and with the consent and approval
    16  of the [State Conservation Commission] commission, unless the
    17  funding is from [other governmental agencies] the Federal, State
    18  or local government or unless specifically authorized so to do
    19  by this act;
    20     (16)  To sponsor projects under the Watershed Protection and
    21  Flood Prevention Act, U.S. Public Law 566 of 1954, as amended,
    22  and the Resource and Conservation and Development Program
    23  authorized by Public Law 87-703, the Food and Agriculture Act of
    24  1962, as amended;
    25     (17)  To enter public or private property to make such
    26  inspections as are necessary to determine compliance with the
    27  act of June 22, 1937 (P.L.1987, No.394), known as "The Clean
    28  Streams Law"; the act of November 26, 1978 (P.L.1375, No.325),
    29  known as the "Dam Safety and Encroachments Act," and any rules,
    30  regulations, permits or orders issued thereunder, to the extent
    20070S1020B1278                 - 18 -     

     1  that such inspection authority has been delegated to a district
     2  by the department;
     3     (18)  To establish a program of assistance to environmental
     4  advisory councils which may include, but not be limited to,
     5  educational services, exchange of information or assignment of
     6  administrative and/or technical personnel; and
     7     (19)  No agent or employe of a conservation district or other
     8  Commonwealth agency or political subdivision engaged in the
     9  planning, design, construction or regulatory review of soil and
    10  water conservation projects and practices under the authority of
    11  this act, "The Clean Streams Law," or delegations pursuant to
    12  paragraph (2) of section 11 of this act shall be considered to
    13  be engaged in the practice of landscape architecture.
    14     Section 11.  Commonwealth Agencies to Cooperate.--(1)
    15  Agencies of this Commonwealth [which have jurisdiction over or
    16  are charged with the administration of Commonwealth highways, or
    17  any Commonwealth-owned lands] and agencies of any county or
    18  other governmental subdivision of the Commonwealth[, which have
    19  jurisdiction over or are charged with the administration of any
    20  county-owned or other publicly owned lands lying within the
    21  boundaries of any district organized hereunder,] may cooperate
    22  with the directors of such districts in the effectuation of
    23  programs and operations undertaken by the board of directors
    24  under the provisions of this act.
    25     (2)  (a)  In accordance with regulations adopted by the
    26  Environmental Quality Board, the department may, by agreement,
    27  delegate to a district one or more of its regulatory and
    28  enforcement functions, including, but not limited to, the act of
    29  June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams
    30  Law," and the rules and regulations adopted thereunder; the act
    20070S1020B1278                 - 19 -     

     1  of May 31, 1945 (P.L.1198, No.418), known as the "Surface Mining
     2  Conservation and Reclamation Act;" the act of October 4, 1978
     3  (P.L.851, No.166), known as the "Flood Plain Management Act,"
     4  and the rules and regulations adopted thereunder; [and] the act
     5  of November 26, 1978 (P.L.1375, No.325), known as the "Dam
     6  Safety and Encroachments Act," and the rules and regulations
     7  adopted thereunder[.]; and the act of July 7, 1980 (P.L.380,
     8  No.97), known as the "Solid Waste Management Act," and the rules
     9  and regulations adopted thereunder.
    10     (b)  Any other State agency, in accordance with the
    11  regulations, guidelines or policies adopted by the agency may,
    12  by agreement, delegate to a district one or more of its
    13  regulator and enforcement functions.
    14     (c)  Any district acting pursuant to a delegation agreement
    15  shall have the same powers and duties otherwise vested in [the]
    16  any delegating department or agency of this Commonwealth to
    17  implement these acts, to the extent delegated by the agreement.
    18  [The] Any delegating department shall monitor and supervise the
    19  activities of each district conducted pursuant to a delegation
    20  agreement. Any person aggrieved by an action of a district
    21  pursuant to a delegation agreement may appeal such action
    22  pursuant to 2 Pa.C.S. § 105 (relating to local agency law),
    23  within thirty days following notice of such action.
    24     (3)  The delegating department shall monitor and supervise
    25  the activities of each district conducted pursuant to the
    26  agreement.
    27     Section 12.  Discontinuance of Districts.--* * *
    28     (2)  Upon the repeal of the resolution which declared the
    29  county to be a conservation district, the directors may not
    30  enter into any more contracts or agreements on behalf of the
    20070S1020B1278                 - 20 -     

     1  district, and all rules and regulations theretofore adopted and
     2  in force within such district shall be of no further force and
     3  effect. Such district, however, shall continue for a period not
     4  to exceed [two] four years for the purpose of fulfilling its
     5  contracts, discharging any existing obligations, collecting and
     6  distributing its assets and doing all other acts required to
     7  adjust and close out its affairs.
     8     * * *
     9     Section 8.  Repeals are as follows:
    10         (1)  The General Assembly declares that the repeal under
    11     paragraph (2) is necessary to effectuate the amendment of
    12     section 4 of the act.
    13         (2)  Section 503(d) of the act of June 28, 1995 (P.L.89,
    14     No.18), known as the Conservation and Natural Resources Act,
    15     is repealed.
    16     Section 9.  This act shall take effect in 60 days.










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