PRINTER'S NO. 1415
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1099
Session of
2015
INTRODUCED BY MAHER, BLOOM, CAUSER, COHEN, CORBIN, EVERETT,
GABLER, HEFFLEY, KILLION, KRIEGER, MACKENZIE, METZGAR,
MILLARD, MURT, MUSTIO, RAPP, ROZZI AND SANKEY, MAY 4, 2015
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MAY 4, 2015
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," in organization of
departmental administrative boards and commissions and of
advisory boards and commissions, further providing for the
Environmental Quality Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 471 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, amended
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November 1, 1979 (P.L.251, No.83), is amended to read:
Section 471. Environmental Quality Board.--(a) The
Environmental Quality Board shall consist of the Secretary of
Environmental [Resources] P rotection , who shall be chairman
thereof, the Secretary of Health, the Secretary of [Commerce]
Community and Economic Development, the Secretary of
Transportation, the Secretary of Agriculture, the Secretary of
Labor and Industry, [the Secretary of Community Affairs,] the
Executive Director of the Pennsylvania Fish and Boat Commission,
the Executive Director of the Pennsylvania Game Commission, the
Chairman of the Pennsylvania Public [Utilities] Utility
Commission, the Executive Director of the State Planning Board,
the Executive Director of the Pennsylvania Historical and Museum
Commission, five members of the Citizens Advisory Council, and
four members of the General Assembly. The Citizens Advisory
Council members shall be designated by, and serve at the
pleasure of, the Citizens Advisory Council. One of the General
Assembly members shall be designated by, and serve at the
pleasure of, the President Pro Tempore of the Senate, one by the
Minority Leader of the Senate, one by the Speaker of the House
of Representatives and one by the Minority Leader of the House
of Representatives. In addition to the heads of the various
departments as elsewhere in this act provided, the other members
of the board may have named alternates to serve in their stead,
the alternates for the members of the board from the Citizens
Advisory Council to be selected by that council from members of
the council and each other alternate to be selected by that
particular member of the board in whose stead he is to serve. No
person will serve as alternate for more than one board member.
(b) Eight members of the board shall constitute a quorum.
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(c) The Department of Environmental Protection shall appoint
a counsel to the board, who shall also serve as an independent
counsel to members of the board on any matter within the
jurisdiction of the board. The independent counsel shall be
compensated from the appropriation for the general government
operations of the Department of Environmental Protection. At the
discretion of the board, the independent counsel shall assist
members on any matter before the board, including, but not
limited to, the review of rulemaking petitions submitted to the
board, the drafting and development of amendments to proposed
and final rulemaking and advice relating to procedural matters.
All communication between the independent counsel and a board
member shall be considered privileged and confidential , and
subject to the attorney-client privilege. Such privilege and
confidentiality may be waived only by the board member.
Section 2. This act shall take effect immediately.
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