S1171B1893A09630 MSP:JSL 09/27/18 #90 A09630
AMENDMENTS TO SENATE BILL NO. 1171
Sponsor: REPRESENTATIVE CAUSER
Printer's No. 1893
Amend Bill, page 1, line 12, by inserting after "BOARD"
, for powers of board and for review of regulations
Amend Bill, page 11, lines 24 and 25, by striking out all of
said lines and inserting
Section 2. Sections 702(b)(2), 703 and 704(a) and (b) of
Title 27 are amended to read:
Amend Bill, page 12, lines 1 through 5, by striking out all
of said lines and inserting
(2) A dairy producer, a livestock producer, a poultry
producer, a grain producer, a fruit producer, a vegetable
producer, a representative of the ornamental horticultural
industry, a producer engaged in sustainable agriculture, a
representative from the agricultural chemical manufacturers
industry and a representative from the agribusiness industry.
The Governor shall appoint these representatives to sit for a
three-year term. Representatives appointed under this
paragraph must receive a majority of their gross income from
the activity which they represent. Two of the representatives
appointed under this paragraph shall hold an active
concentrated animal feeding operation permit as required by
the act of June 22, 1937 (P.L.1987, No.394), known as The
Clean Streams Law.
* * *
§ 703. Powers of board.
(a) General rule.--The board shall have the following
powers:
(1) Provide advice and expertise to the secretary
regarding the nature of agriculture in this Commonwealth.
(2) Assist the secretary and provide written comments on
new departmental policy that will impact upon agriculture in
this Commonwealth.
(3) Assist the secretary and provide comment on
regulatory, permitting, technical guidance and policy
proposals pursuant to section 704 (relating to review of
regulations).
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(4) Provide comment to the secretary regarding existing
departmental policy, permitting, technical guidance and
regulations affecting agriculture in this Commonwealth.
(b) Exempt regulations.--Regulations subject to review by
the seasonal farm labor committee under the act of June 23, 1978
(P.L.537, No.93), known as the Seasonal Farm Labor Act, are
exempt from review under subsection (a).
§ 704. Review of regulations and other documents.
(a) Notice to board.--
(1) The department shall notify the board of the
development of any regulatory proposal, permit, technical
guidance or departmental policy which would regulate or
affect agriculture as early as possible but not less than 120
days prior to:
(i) the date the Environmental Quality Board meets
to initially consider any proposed rulemaking resulting
from the regulatory proposal[.];
(ii) the date the department publishes notice to
establish or change a permit; or
(iii) the date the department establishes a policy.
(2) Not less than 60 days prior to an action under
paragraph (1)(i), (ii) or (iii), the department shall provide
the board with a written version in substantially the form
that will be published or established of any regulatory,
permit, technical guidance or departmental policy proposal
that would regulate or affect agriculture.
(3) The department may not publish or establish any
regulatory, permit, technical guidance or departmental policy
proposal that regulates or affects agriculture prior to board
review of a document provided under paragraph (2). Any
discussion or decision by the board related to the review
shall be reflected in the minutes of the board.
(b) Meeting and consultation with board.--At the request of
the board, if the request is made within 30 days from the date
of receipt of the notice required by subsection (a), the
department shall meet and consult with the board in the
formulation of any such regulatory, permit, technical guidance
or departmental policy proposal, and thereafter the board may
provide the department with written comments thereon.
* * *
Amend Bill, page 12, line 7, by inserting after "BOARD"
and members of the Agricultural Advisory Board
Amend Bill, page 12, line 8, by inserting after "MEMBERS"
of their respective boards
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