SENATE AMENDED
PRIOR PRINTER'S NOS. 1621, 2020, 2067 PRINTER'S NO. 2091
No. 1400 Session of 1995
INTRODUCED BY REBER, GEORGE, RYAN, PERZEL, DeWEESE, ITKIN,
ARGALL, BUNT, HANNA, FARGO, CORNELL, GODSHALL, FEESE, STERN,
S. H. SMITH, PHILLIPS, LYNCH, FARMER, D. W. SNYDER,
M. N. WRIGHT, SAYLOR, BELARDI, E. Z. TAYLOR, BAKER,
D. R. WRIGHT, COLAFELLA, ARMSTRONG, MILLER, HALUSKA, STAIRS,
SEMMEL, MICOZZIE, HUTCHINSON, COY, DEMPSEY, MERRY, LEH,
HERSHEY, PESCI, FICHTER, COLAIZZO, GRUPPO, CONTI, JADLOWIEC,
BARLEY, FLEAGLE, STISH, DALEY, CLYMER, CLARK, HENNESSEY,
MASLAND, RUBLEY, SATHER, McCALL, GRUITZA, LaGROTTA,
LESCOVITZ, BELFANTI, TULLI, WOZNIAK, TRELLO, GLADECK, HESS,
SCHULER, ZIMMERMAN, STABACK, McGILL, TRUE, YEWCIC, FLICK,
BROWNE AND DERMODY, APRIL 20, 1995
SENATOR BRIGHTBILL, ENVIRONMENTAL RESOURCES AND ENERGY, IN
SENATE, AS AMENDED, JUNE 12, 1995
AN ACT
1 Creating the Department of Conservation and Natural Resources
2 consisting of certain functions of the Department of
3 Environmental Resources and the Department of Community
4 Affairs; renaming the Department of Environmental Resources
5 as the Department of Environmental Protection; defining the
6 role of the Environmental Quality Board in the Department of
7 Environmental Protection; making changes to responsibilities
8 of the State Conservation Commission and the Department of
9 Agriculture; transferring certain powers and duties to the
10 Department of Health; and repealing inconsistent acts.
11 TABLE OF CONTENTS
12 Chapter 1. Preliminary Provisions
13 Section 101. Findings and statement of purpose.
14 Section 102. Short title.
15 Section 103. Definitions.
16 Chapter 3. Department of Conservation and Natural Resources
1 Section 301. Creation of department.
2 Section 302. Forests.
3 Section 303. Parks.
4 Section 304. Facility development.
5 Section 305. Ecological and geological services.
6 Section 306. Community recreation and heritage conservation.
7 Section 307. Rivers conservation.
8 Section 308. Trails and greenways.
9 Section 309. Youth conservation programs.
10 Section 310. Volunteers.
11 Section 311. Environmental education.
12 Section 312. Whitewater recreation.
13 Section 313. Rulemaking authority.
14 Section 314. Fees and charges.
15 Section 315. Conservation and Natural Resources Advisory
16 Council.
17 Section 316. Advisory committees.
18 Section 317. Ex officio memberships of secretary.
19 Section 318. Contracts and agreements.
20 Section 319. Transfer of funds.
21 Section 320. Renumbering regulations.
22 Section 321. Transfer provisions.
23 Section 322. Civil service status.
24 Chapter 5. Renaming Department of Environmental Resources
25 and Defining Rulemaking Authority of Department
26 of Environmental Protection
27 Section 501. Department of Environmental Protection.
28 Section 502. Rulemaking authority.
29 Section 503. Continued authority of Department of Environmental
30 Protection, State Conservation Commission and
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1 Department of Agriculture.
2 Section 504. Energy programs.
3 Section 505. Department of Health.
4 Section 506. Department of Agriculture.
5 Section 507. Transfer of funds.
6 Section 508. Regulations.
7 Section 509. Transfer of personnel.
8 Chapter 11. General Provisions
9 Section 1101. Savings provision.
10 Section 1102. Repeals.
11 Section 1103. Effective date.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 CHAPTER 1
15 PRELIMINARY PROVISIONS
16 Section 101. Findings and statement of purpose.
17 (a) Findings.--The General Assembly finds and declares as
18 follows:
19 (1) Pennsylvania's public natural resources are to be
20 conserved and maintained for the use and benefit of all its
21 citizens as guaranteed by section 27 of Article I of the
22 Constitution of Pennsylvania.
23 (2) Pennsylvania's State forests and parks cover almost
24 2.3 million acres in this Commonwealth and contain some of
25 our State's most precious and rare natural areas.
26 (3) Pennsylvania has the third largest system of State
27 parks in the United States.
28 (4) Our State parks and forests and community recreation
29 and heritage conservation areas are critical to the continued
30 success of our tourism and recreation industry, the second
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1 largest industry in the State.
2 (5) Our forest products industry employs over 100,000
3 people and contributes over $4.5 billion a year to our
4 economy, making it the State's fourth largest industry.
5 (6) Preserving, enhancing, maintaining and actively
6 managing our system of State parks, forests, community
7 recreation and heritage conservation areas contributes
8 greatly to the quality of life of Pennsylvania's citizens and
9 the economic well-being of the State.
10 (7) The current structure of the Department of
11 Environmental Resources impedes the Secretary of
12 Environmental Resources from devoting enough time, energy and
13 money to solving the problems facing our State parks and
14 forests.
15 (8) State parks and forests have taken a back seat to
16 other environmental issues because polluted air and water and
17 toxic waste sites, for example, are more immediate, life-
18 threatening and publicly visible issues than natural resource
19 concerns.
20 (9) State parks, forests and community recreation and
21 heritage conservation areas have lost out in the competition
22 for financial and staff resources because they have no
23 cabinet-level advocate to highlight these issues for the
24 public.
25 (b) Intent.--It is the intent of the General Assembly and
26 the purpose of this act:
27 (1) To create a new Department of Conservation and
28 Natural Resources to serve as a cabinet-level advocate for
29 our State parks, forests, rivers, trails, greenways and
30 community recreation and heritage conservation programs to
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1 provide more focused management of the Commonwealth's
2 recreation, natural and river environments. The primary
3 mission of the Department of Conservation and Natural
4 Resources will be to maintain, improve and preserve State
5 parks, to manage State forest lands to assure their long-term
6 health, sustainability and economic use, to provide
7 information on Pennsylvania's ecological and geologic
8 resources and to administer grant and technical assistance
9 programs that will benefit rivers conservation, trails and
10 greenways, local recreation, regional heritage conservation
11 and environmental education programs across Pennsylvania.
12 (2) To change the name of the Department of
13 Environmental Resources to the Department of Environmental
14 Protection.
15 (3) To retain the rulemaking powers of the Environmental
16 Quality Board in relation to the Department of Environmental
17 Protection.
18 Section 102. Short title.
19 This act shall be known and may be cited as the Conservation
20 and Natural Resources Act.
21 Section 103. Definitions.
22 The following words and phrases when used in this act shall
23 have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Commonwealth." The Commonwealth of Pennsylvania.
26 "Department." The Department of Conservation and Natural
27 Resources of the Commonwealth established in section 301.
28 "Secretary." The Secretary of Conservation and Natural
29 Resources.
30 CHAPTER 3
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1 DEPARTMENT OF CONSERVATION AND NATURAL
2 RESOURCES
3 Section 301. Creation of department.
4 The Department of Conservation and Natural Resources is
5 hereby established as an administrative department within the
6 executive branch of the government of this Commonwealth. The
7 department shall be headed by the Secretary of Conservation and
8 Natural Resources. The secretary shall be appointed by the
9 Governor, subject to the approval of a majority of the members
10 elected to the Senate. The secretary shall receive a salary
11 equal to that of the Secretary of Environmental Protection.
12 Section 302. Forests.
13 (a) Acquisition, establishment and disposition.--The
14 department has the following powers and duties with respect to
15 the acquisition, establishment and disposition of State forest
16 lands and certain other Commonwealth-owned resources:
17 (1) To acquire, in the name of the Commonwealth, by
18 purchase, gift, lease or condemnation and hold as State
19 forests, subject to the conditions of any lease and subject
20 to reservations, if any, of mineral rights, stumpage rights,
21 rights-of-way or other encumbrances as the department
22 considers consistent with such holding, any lands, including
23 tax-delinquent lands, which in the judgment of the department
24 the Commonwealth should hold, manage, control, protect,
25 maintain, utilize and regulate as State forests or for
26 reforestation, for adding to and extending the existing State
27 forests, for the purpose of lessening soil erosion and
28 silting up of reservoirs, to control the flow of streams and
29 extinguish interior holdings, or for the establishment and
30 maintenance of fire observation towers and stations and
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1 adjoining lands as may be deemed necessary to control,
2 maintain and develop such towers and stations and furnish
3 access to them.
4 (2) To purchase and hold as State forests unseated,
5 vacant or unappropriated lands, lands advertised for sale for
6 taxes and land sold for taxes, as may now or hereafter be
7 provided by law.
8 (3) To hold, manage, control, protect, maintain,
9 utilize, develop and regulate the occupancy and use of all
10 lands, heretofore or hereafter acquired, owned, leased and
11 maintained as State forests or for reforestation, for
12 extending existing State forests, for the purpose of
13 lessening soil erosion and the silting up of reservoirs, to
14 control stream flow, to extinguish interior holdings and for
15 fire observation tower and station purposes; together with
16 the resources thereof.
17 (4) To divide this Commonwealth into such convenient
18 forest districts as it considers economical and effective, to
19 administer, protect, develop, utilize and regulate the
20 occupancy and use of the lands and resources of the State
21 forests, to protect all forest land in this Commonwealth from
22 forest fires, fungi, insects and other enemies, to promote
23 and develop forestry and knowledge of forestry throughout
24 this Commonwealth, to advise and assist landowners in the
25 planting of forest and shade trees, to obtain and publish
26 information respecting forest lands and forestry in this
27 Commonwealth, to assist in Arbor Day work and promote and
28 advance any other activity in local forestry which the
29 department may consider helpful to the public interest and to
30 execute the rules and regulations of the department for the
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1 protection of forest from fire and depredation. It may also
2 assign district foresters to take active charge of such
3 forest districts, and also foresters, forest rangers and
4 other help, for the administration of forest districts, as
5 the secretary considers necessary and for the accomplishment
6 throughout this Commonwealth of the purposes for which the
7 department is established.
8 (5) To cooperate with the authorities of townships,
9 boroughs and cities of this Commonwealth in the acquisition
10 and administration of municipal forests, as may now or
11 hereafter be provided by law.
12 (6) Whenever it shall appear that the welfare of this
13 Commonwealth, with reference to reforesting and the
14 betterment of the State forests, with respect to control,
15 scientific management, protection, utilization, development
16 and regulation of their occupancy and use, will be advanced
17 by selling or disposing of any of the timber on the State
18 forests, to dispose of timber on terms most advantageous to
19 this Commonwealth. The department is authorized and directed
20 to set aside, within the State forests, unusual or historical
21 groves of trees or natural features especially worthy of
22 permanent preservation, to make the same accessible and
23 convenient for public use and to dedicate them in perpetuity
24 to the citizens of this Commonwealth for their recreation and
25 enjoyment. The department is hereby empowered to make and
26 execute contracts or leases in the name of the Commonwealth
27 for the mining or removal of any valuable minerals that may
28 be found in State forests, or of oil and gas beneath those
29 waters of Lake Erie owned by the Commonwealth, or of oil and
30 gas beneath the land of Woodville State Hospital owned by the
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1 Commonwealth, whenever it shall appear to the satisfaction of
2 the department that it would be for the best interests of
3 this Commonwealth to make such disposition of those minerals.
4 Any proposed contracts or leases of valuable minerals
5 exceeding $1,000 in value shall have been advertised once a
6 week for three weeks, in at least two newspapers published
7 nearest the locality indicated, in advance of awarding such
8 contract or lease. The contracts or leases may then be
9 awarded to the highest and best bidder, who shall give bond
10 for the proper performance of the contract as the department
11 shall designate. However, where the Commonwealth owns a
12 fractional interest in the oil, natural gas and other
13 minerals under State forest lands, the requirement of
14 competitive bidding may be waived, and the department may
15 enter into a contract to lease that fractional interest, with
16 the approval of the Governor, and upon such terms and
17 conditions as the department deems to be in the best interest
18 of this Commonwealth.
19 (7) To appoint and, with the approval of the Governor,
20 fix the compensation of a Chief Forest Fire Warden, and such
21 district forest fire wardens, and to appoint and fix the
22 compensation of such local forest fire wardens and other
23 assistants as shall be required for the prevention, control,
24 and extinction of forest fires.
25 (8) To establish and administer auxiliary forest
26 reserves, in the manner and under the terms and conditions as
27 may now or hereafter be provided by law.
28 (9) To distribute young forest trees, shrubs and vines,
29 as provided by law, to those desiring to plant them.
30 (10) To furnish information and issue certificates and
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1 requisitions necessary for the payment of the fixed charges,
2 in lieu of taxes on State forest and auxiliary forest
3 reserves, to school districts, road districts and counties,
4 as may now or hereafter be provided by law.
5 (11) To sell or exchange State forest land, as provided
6 by law, whenever it shall be to the advantage of the State
7 forest interests, provided, that, such action has been
8 approved by the Governor.
9 (12) To set aside, when, in the judgment of the
10 department, it is considered necessary, for exclusive use for
11 parks, parkways and other places of scientific, scenic,
12 historic or wildlife interest, any State-owned lands which
13 are now or which may hereafter be under the jurisdiction of
14 the department.
15 (13) To have the authority, with the approval of the
16 Governor, to enter into agreements with owners or lessees of
17 property or property rights located in the same area as lands
18 owned or leased by the Commonwealth, for the protection,
19 preservation or recovery of metallic or nonmetallic ore,
20 fuel, oil, natural gas or any other mineral deposits
21 underlying those lands, provided the deposits are owned by
22 the Commonwealth.
23 (b) Utilization and protection.--The department has the
24 following powers and duties with respect to the utilization and
25 protection of State forest lands:
26 (1) To lease, for a period not exceeding ten years, on
27 terms and conditions as it may consider reasonable, to any
28 person, corporation, association, church organization or
29 school board of this Commonwealth, such portion of any State
30 forest, whether owned or leased by the Commonwealth, as the
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1 department may consider suitable, as a site for buildings and
2 facilities to be used by such person, corporation,
3 association, church organization or school board for health
4 and recreation, or as a site for a church or school purposes.
5 However, the department may, with the approval of the
6 Governor, if a substantial capital investment is involved and
7 if it is deemed in the best interests of this Commonwealth,
8 enter into such leases for a period not to exceed 35 years.
9 The department shall not terminate the lease of a person
10 whose cabin has been destroyed or seriously damaged by fire,
11 storm, flood or other natural causes and shall permit the
12 rebuilding of such cabin. The department shall permit persons
13 holding leases to renovate or make additions to existing
14 cabins with the approval of the department.
15 (2) To lease, for not more than ten years, small areas
16 in State forests, whether owned or leased by the
17 Commonwealth, which it considers to be better suited for the
18 growing of other crops than for the growing of forest trees.
19 If more than one person shall apply for the same tract, the
20 lease shall be advertised for sale in three local county
21 papers, if there be so many, once a week for three weeks, and
22 may then be awarded to the highest responsible bidder, but
23 the department may nevertheless reject any or all bids. Upon
24 the termination of any such lease, the lessee may remove
25 buildings and fences placed thereon at his own expense, or
26 the same may be purchased by the lessor as a part of the
27 permanent improvement of the tract, upon such terms as may be
28 agreed upon by the department and the lessee.
29 (3) To grant rights-of-way through State forests, to
30 individuals or corporations who may apply therefor, when it
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1 shall appear to the department that the grant of a right-of-
2 way will not so adversely affect the land as to interfere
3 with its usual and orderly administration, and when it shall
4 appear that the interests of the Commonwealth or its citizens
5 will be promoted by such grant. Right-of-way, as used in this
6 subsection, is hereby construed to include rights of passage
7 and haulage for any lawful purpose, also rights of flowage or
8 transmission for any lawful purpose.
9 (4) To give to street railway companies, duly
10 incorporated under the laws of this Commonwealth, upon such
11 terms and subject to such restrictions and regulations as the
12 department considers proper, the privilege to construct,
13 maintain and operate their lines of railway over, along and
14 upon public highways now laid out and in actual use, which
15 lie within or border on any State forests, whenever the
16 interests of the Commonwealth will be benefited.
17 (5) To give to boroughs and other municipalities of this
18 Commonwealth and to related municipal authorities, upon such
19 terms and subject to restrictions and regulations as the
20 department considers proper, the privilege of impounding
21 water and drilling water wells upon any State forest, and of
22 constructing, maintaining and operating lines of pipes upon
23 and through State forests for the purpose of conveying water
24 therefrom, whenever it shall be to the public interest so to
25 do.
26 (6) In all cases where there are public roads, regularly
27 established, running into or through or bordering upon State
28 forests, from time to time, to expend such reasonable sums
29 for the maintenance, repair or extension of such roads as may
30 be necessary for the proper administration and protection of
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1 State forests. All expenses that may thus be incurred shall
2 be paid in the same manner as the other expenses of the
3 department.
4 (7) To enter into cooperative agreements with county,
5 township, municipal and private agencies, for the prevention
6 and suppression of forest fires, as provided by law.
7 (8) To grant to public utility companies, lawfully doing
8 business in this Commonwealth, the privilege to construct,
9 maintain and operate their lines over, along and upon
10 highways and roads which lie within or border on any state
11 forests and to grant right of access by such companies to or
12 through State forest lands, in order to bring public
13 utilities to camps and cottages in State forest lands and in
14 other homes and farms adjacent to State forest lands.
15 (9) To grant to individuals, groups of individuals,
16 associations, firms, partnerships or corporations the
17 privilege to erect, construct, maintain and operate, on and
18 over State-owned or leased lands under the jurisdiction of
19 the department, antennas, towers, stations, cables and other
20 devices and apparatus, helpful, necessary or required for
21 broadcasting, telecasting, transmission, relaying or
22 reception of television. It may charge for such privilege
23 such rental and damages as the department deems the
24 conditions and circumstances warrant.
25 (10) To lease, with the approval of the Governor, State
26 forest lands for the underground storage of natural gas, upon
27 such terms and conditions as the secretary deems to be in the
28 best interest of this Commonwealth.
29 (11) To lease, with the approval of the Governor, and in
30 cooperation with the Department of Commerce, those State
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1 forest lands acquired by gift from Pennsylvania State
2 University or by acquisition from the Curtiss-Wright
3 Corporation which are located at Quehanna, Pennsylvania, or
4 recovered through the termination of a lease with Curtiss-
5 Wright Corporation relating to Quehanna, Pennsylvania, and
6 upon which are erected certain industrial buildings
7 constructed by the Curtiss-Wright Corporation for industrial
8 or economic development purposes or for nuclear reactor
9 safety zone purposes. Such leases may be made with industrial
10 tenants or nonprofit industrial development corporations. The
11 department in securing tenants shall cooperate fully with the
12 Department of Commerce. Every such lease entered into shall
13 conform in general to the terms of the standard industrial
14 lease used by the department and approved by the General
15 Counsel and the Attorney General. Every such lease shall
16 otherwise than as in this act prescribed be upon such terms
17 and conditions as the secretary considers in the best
18 interests of this Commonwealth. However, all paved roads
19 through the Quehanna project shall remain open to the general
20 public use. Any such lease may permit the tenant to alter or
21 expand, at its own expense and with the approval of the
22 department first obtained in writing, existing buildings to
23 meet the requirements of its particular industrial operation.
24 Every such lease shall provide for the deposit of industrial
25 floor space rentals and sewage and water rentals in a
26 restricted revenue account from which the department may draw
27 moneys for use in developing, operating and maintaining the
28 water and sewage disposal facilities, and replacing
29 machinery, equipment and fixtures appurtenant thereto, at
30 aforesaid Quehanna. The restricted revenue account shall be
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1 audited two years from the effective date of this act and at
2 two-year intervals thereafter, with any residue appearing in
3 the account at the end of each auditing period to be
4 deposited in the General Fund. The department is hereby
5 authorized to indemnify and hold harmless PermaGrain
6 Products, Inc., from and against any and all damages incurred
7 by PermaGrain Products, Inc., related to personal injury or
8 property damage, resulting from radioactive contamination
9 arising exclusively from performance by this Commonwealth or
10 its contractors of the characterization, remediation,
11 decontamination and removal of radioactive materials from
12 contaminated structures on those State forest lands acquired
13 from the Pennsylvania State University or Curtiss-Wright
14 Corporation and located at Quehanna, Pennsylvania.
15 (c) Authority of officers.--The persons employed, under the
16 provisions of this act, by the department for the protection of
17 the State parks and State forests shall, after taking the proper
18 official oath before the clerk of the court of common pleas of
19 any county of this Commonwealth, be vested with the same powers
20 as are, by existing laws, conferred upon constables and other
21 peace officers, to arrest on view, without first procuring a
22 warrant therefor, persons detected by them in the act of
23 trespassing upon any forest or timber land within this
24 Commonwealth, under such circumstances as to warrant the
25 reasonable suspicion that such person or persons have committed,
26 are committing or are about to commit any offense or offenses
27 against any of the laws now enacted or hereafter to be enacted
28 for the protection of forests and timber lands. The officers
29 shall likewise be vested with similar powers of arrest in the
30 case of offenses against the laws or rules and regulations
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1 enacted or established, or to be enacted or established, for the
2 protection of the State forests, or for the protection of the
3 fish and game contained therein. However, the above mentioned
4 rules and regulations shall have been previously conspicuously
5 posted upon the State forests. The officers shall further be
6 empowered, and it shall be their duty, immediately upon any such
7 arrest, to take and convey the offender or offenders before a
8 justice of the peace or other magistrate having jurisdiction,
9 for hearing and trial or other due process of law. The powers
10 conferred in this subsection upon forest officers shall extend
11 only to the case of offenses committed upon the State forests
12 and lands adjacent thereto and the powers conferred in this
13 subsection upon the officers shall not be exercised beyond the
14 limits thereof, except where necessary for the purpose of
15 pursuing and arresting such offenders, or of conveying them into
16 the proper legal custody for punishment as aforesaid, and except
17 where those officers are specially commissioned by the
18 department as provided in this section. The department may, at
19 the discretion of the secretary or his designee, specially
20 commission certain forest officers to preserve order in the
21 State parks and State forests, with all of the powers conferred
22 on park officers by section 303(a)(7).
23 (d) Chief Forest Fire Warden.--The Chief Forest Fire Warden,
24 subject to the approval of the secretary, shall have the
25 following powers and duties to:
26 (1) Take such measures for the prevention, control and
27 extinction of forest fires as will assure a reasonable
28 protection from fire to woodlots, forest and wild land within
29 this Commonwealth.
30 (2) Supervise and manage the forest fire wardens
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1 throughout this Commonwealth and, when necessary, to appoint
2 persons who shall serve without compensation as special or as
3 ex officio fire wardens. Such special or ex officio fire
4 wardens shall have the same powers as local forest fire
5 wardens, but their duties may be changed or extended by the
6 chief forest fire warden. Any special or ex officio forest
7 fire warden, appointed as herein provided, shall be entitled
8 to receive the necessary expenses incurred by him in the
9 performance of his duties as fire warden.
10 (3) Report to the secretary, at such times as the
11 secretary shall require, covering all phases of the work done
12 under his direction.
13 (4) Collect, with the assistance of the fire wardens
14 under his supervision, data as to location and fire hazards
15 of woodlots, forests and wild lands within this Commonwealth,
16 as to forest fires and losses resulting therefrom, and such
17 other data as he may desire to present to the department or
18 the public.
19 (5) Plan and to put into operation and maintain a system
20 of fire towers and observation stations, which shall cover
21 the regions subject to forest fires and to purchase the
22 necessary materials and equipment and hire the necessary
23 labor.
24 (6) Appoint certain forest fire wardens as patrolmen for
25 regions subject to great fire risk during dry seasons,
26 whenever necessary.
27 (7) Enter into agreements with persons, associations or
28 corporations, upon satisfactory terms, for forest fire
29 prevention or control.
30 (8) Conduct educational work in relation to the
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1 protection of forests from fire.
2 (9) Approve and transmit to the secretary all correct
3 bills for expenses incurred by him or under his supervision.
4 (10) Declare a public nuisance any property which by
5 reason of its condition or operation is a special forest fire
6 hazard and, as such, endangers other property or human life.
7 He shall notify the owner of the property or the person
8 responsible for the condition declared a public nuisance and
9 advise him of the abatement of such public nuisance. In case
10 of a railroad, such notice shall be served upon the
11 superintendent of the division where the nuisance exists.
12 (11) Collect and arrange information concerning
13 violation of laws relating to the protection of forests from
14 fire and present the same to the secretary, who shall file it
15 with the Office of Attorney General for legal action.
16 (12) Issue, to persons appointed forest fire wardens,
17 certificates of appointment and, when deemed advisable, to
18 issue badges to such persons.
19 (e) District fire warden.--Each district fire warden shall
20 have the power and his duty shall be to:
21 (1) Establish headquarters at some advantageous place
22 within his district.
23 (2) Act as the field representative of the Chief Forest
24 Fire Warden.
25 (3) Collect and forward to the Chief Forest Fire Warden
26 such data within his district as may be required by the Chief
27 Forest Fire Warden.
28 (4) Make recommendations to the Chief Forest Fire Warden
29 for the appointment of local fire wardens, the location of
30 towers, the employment of patrolmen, the region to be
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1 patrolled and such other matters as may come to his attention
2 which would tend to improve the protective system.
3 (5) Arrange for annual meetings of fire wardens within
4 his district for instruction in forest fire matters.
5 (6) Report to the Chief Forest Fire Warden conditions
6 existing within his district, which are or may become forest
7 fire hazards, and to serve notices for the correction or
8 removal of such conditions, after and when issued by the
9 Chief Forest Fire Warden.
10 (7) Receive, audit and, if correct, approve the reports
11 and accounts of the local fire wardens, before submitting
12 them to the Chief Forest Fire Warden.
13 (8) Act as an inspector of the work of the local fire
14 wardens and render assistance to them.
15 (9) Conduct educational work and develop cooperation
16 between local agencies and the department for the prevention
17 and suppression of forest fires.
18 (10) Perform such other duties as may be assigned to him
19 by the secretary and the Chief Forest Fire Warden.
20 (f) Local forest fire wardens.--It shall be the duty of each
21 local forest fire warden:
22 (1) Whenever fire is discovered in or approaching
23 woodlots, forests or wild lands, whether the same be owned by
24 individuals, corporations or by the Commonwealth, immediately
25 to take such measures as are necessary to extinguish the
26 fire.
27 (2) Whenever fires have been combated or extinguished,
28 to prepare a correct statement of expenses, upon forms to be
29 furnished by the department, which must be filed with the
30 district forest fire warden and forwarded to the Chief Forest
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1 Fire Warden within 60 days of the date of the fire.
2 (3) Promptly to investigate the cause of each fire which
3 comes to his knowledge, collect such evidence as may be
4 discovered relating thereto, and such other facts as he may
5 be directed to investigate, and report the same to the Chief
6 Forest Fire Warden.
7 (4) To attend an annual meeting of forest fire wardens
8 in his district when notified, or present a reasonable
9 excuse.
10 (5) When designated as a patrolman or watchman, to
11 perform such duties as may be assigned him by the Chief
12 Forest Fire Warden or by the district forest fire warden.
13 (g) Powers of wardens generally.--Every forest fire warden,
14 appointed as provided in this act, shall have the power to:
15 (1) Employ such other persons, as in his judgment may be
16 necessary, to render assistance in extinguishing forest
17 fires, and to compel the attendance of persons and to require
18 their assistance, in the extinguishing of forest fires.
19 (2) Administer an oath or affirmation, in order to
20 examine any person who he believes knows facts relating to
21 any forest fire, or who claims compensation for services
22 rendered.
23 (3) Enter upon any land at any time for the purpose of
24 performing duties in accordance with this act.
25 (4) Arrest on view, without first procuring a warrant,
26 any person detected by him in the act of committing an
27 offense against any of the laws for the protection of
28 forests, woodlots or wild lands, or, when he shall have a
29 reasonable suspicion that any person is committing or about
30 to commit some such offense. Such forest warden shall have
19950H1400B2091 - 20 -
1 further power to take the offender before a justice of the
2 peace, magistrate or other officer having jurisdiction, for
3 hearing, trial or other due process of law.
4 (5) Exercise the foregoing powers, not only in the
5 jurisdiction, for or within which he may have been appointed,
6 but also in adjacent or other boroughs, townships or
7 counties.
8 (h) Administration of certain statutes.--The department
9 shall hereafter exercise the powers and duties heretofore
10 conferred upon the agencies and officials by the following
11 statutes:
12 The Commissioner of Forestry by the act of March 30, 1897
13 (P.L.11, No.10), entitled "An act authorizing the purchase by
14 the Commonwealth of unseated lands for the non-payment of
15 taxes for the purpose of creating a State Forest
16 Reservation."
17 The Commissioner of Forestry and the State Forestry
18 Reservation Commission by the act of February 25, 1901
19 (P.L.11, No.9), entitled "An act to establish a Department of
20 Forestry, to provide for its proper administration, to
21 regulate the acquisition of land for the Commonwealth, and to
22 provide for the control, protection and maintenance of
23 Forestry Reservations by the Department of Forestry."
24 The Commissioner of Forestry by the act of April 22, 1909
25 (P.L.124, No.79), entitled "An act to permit the acquisition
26 of forest or other suitable lands by municipalities, for the
27 purpose of establishing municipal forests; and providing for
28 the administration, maintenance, protection, and development
29 of such forests."
30 The Commissioner of Forestry by section 15 of the act of
19950H1400B2091 - 21 -
1 May 13, 1909 (P.L.781, No.601), entitled "An act to create a
2 system of fire-wardens to preserve the forest of the
3 Commonwealth, by preventing and suppressing forest fires, and
4 prescribing penalties for the violation thereof; providing
5 for the compensation of the fire-wardens and those who assist
6 in extinguishing fire, and making an appropriation therefor."
7 The State Forestry Reservation Commission by the act of
8 May 11, 1911 (P.L.271, No.173), entitled "An act empowering
9 the United States of America to acquire land in the State of
10 Pennsylvania for National Forest Reserves, by purchase or by
11 condemnation proceedings; and granting to the United States
12 of America all rights necessary for control and regulation of
13 such reserves."
14 The State Forestry Reservation Commission by the act of
15 June 5, 1913 (P.L.426, No.284), entitled "An act to classify
16 certain surface lands as auxiliary forest reserves; to
17 prescribe the terms and conditions for their continuance in
18 said classification, or their withdrawal therefrom; and to
19 provide for the expenses attendant thereon."
20 The Department of Forestry by the act of July 22, 1913
21 (P.L.906, No.432), entitled "A supplement to an act, entitled
22 'An act to create a system of fire-wardens to preserve the
23 forests of the Commonwealth, by preventing and suppressing
24 forest fires, and prescribing penalties for the violation
25 thereof; providing for the compensation of the fire-wardens
26 and those who assist in extinguishing fire, and making an
27 appropriation therefor,' approved the thirteenth day of May,
28 one thousand nine hundred and nine; conferring authority upon
29 the Department of Forestry to enter into cooperative
30 relations with local associations established for the purpose
19950H1400B2091 - 22 -
1 of preventing forest fires, and providing for and regulating
2 a local fire patrol and the compensation thereof."
3 The Department of Forests and Waters by the act of April
4 21, 1915 (P.L.140, No.68), entitled "An act directing the
5 county commissioners of the several counties to offer for
6 sale to the Department of Forestry tracts of land which they
7 may have purchased at county treasurers' sales, for
8 acceptance or refusal for forestry purposes, and to convey to
9 the Commonwealth of Pennsylvania the tracts so offered to be
10 sold, if accepted by the department."
11 The Department of Environmental Resources and the
12 Secretary of Environmental Resources by section 601 of the
13 act of June 2, 1915 (P.L.736, No.338), known as the Workers'
14 Compensation Act.
15 The Commissioner of Forestry, the Department of Forests
16 and Waters and the Bureau of Forest Protection by Articles I,
17 V-VII and IX-XI of the act of June 3, 1915 (P.L.797, No.353),
18 referred to as the Forest Fire Protection Law.
19 The Department of Forestry by the act of May 8, 1917
20 (P.L.156, No.88), entitled "An act authorizing the Department
21 of Forestry to purchase surface rights to lands, for use as
22 State forests."
23 The State Forest Commission by the act of May 5, 1921
24 (P.L.418, No.194), entitled "An act authorizing the State
25 Forest Commission to exchange or sell certain portions of the
26 State forest land, and providing for the procedure."
27 The Department of Forestry and the Commissioner of
28 Forestry by the act of May 21, 1923 (P.L.290, No.186),
29 entitled "An act authorizing the Department of Forestry to
30 grant, on terms, conditions, and stipulations, rights to
19950H1400B2091 - 23 -
1 occupy and use any portions of the State forests for dams,
2 reservoirs, canals, pipe lines, and other water conduits, for
3 certain water supply purposes; and providing remedies for
4 violations of this act, or regulations or orders hereunder,
5 or of such terms, conditions, or stipulations; and providing
6 for revocation of the grant in certain cases."
7 The Department of Forestry by the act of May 28, 1923
8 (P.L.458, No.250), entitled "An act authorizing the
9 Department of Forestry, with the approval of the Governor and
10 Attorney General, to lease for periods of not more than fifty
11 years, on terms, conditions, and stipulations expressed in
12 each lease, any portions of the State forests for dams,
13 reservoirs, canals, pipe lines and other water conduits,
14 power houses and transmission lines, for the development of
15 water power, for steam raising and condensation, and for the
16 generation and transmission of electric energy."
17 The Department of Forestry by the act of June 14, 1923
18 (P.L.761, No.300), entitled "An act to authorize the
19 Department of Forestry to offer and to pay rewards for
20 evidence sufficient to convict anyone maliciously setting
21 forest fire, and to authorize payment of such rewards to
22 local forest fire wardens under certain conditions."
23 The Department of Forests and Waters and the Secretary of
24 Forests and Waters by the act of April 11, 1925 (P.L.232,
25 No.153), entitled "An act making an appropriation; and
26 providing for the hearing, adjusting, and paying of moral
27 claims against the Commonwealth for injury to, or death of,
28 persons while fighting forest fires under orders of agents of
29 the Department of Forests and Waters."
30 The Department of Forests and Waters and the State Forest
19950H1400B2091 - 24 -
1 Commission by the act of May 13, 1925 (P.L.643, No.346),
2 entitled "An act to provide for the purchase by the
3 Commonwealth of agricultural land suited to the growing of
4 forest tree seedlings, and fixing a maximum amount that may
5 be paid therefor."
6 The Department of Forests and Waters and the Department
7 of Environmental Resources by the act of May 5, 1927
8 (P.L.817, No.412), entitled, as amended, "An act authorizing
9 and regulating the growth, sale, and distribution of forest
10 tree seedlings, transplants, shrubs and vines by the
11 Department of Forests and Waters; regulating the use of such
12 forest tree seedlings, transplants, shrubs and vines and
13 imposing duties upon the Department of Agriculture with
14 regard to the enforcement of this act."
15 The Department of Forests and Waters by the act of April
16 3, 1929 (P.L.135, No.137), entitled "An act authorizing the
17 Department of Justice, acting for the Department of Forests
18 and Waters, to institute suits on behalf of the Commonwealth
19 to recover from persons, associations, copartnerships, and
20 corporations, and their officers, agents, and employes,
21 causing forest fires, the expenses incurred by the Department
22 of Forests and Waters on account of such fires."
23 The Secretary of Environmental Resources by section 712
24 of the act of April 9, 1929 (P.L.177, No.175), known as The
25 Administrative Code of 1929.
26 The Secretary of Forest and Waters by the act of April
27 11, 1929 (P.L.515, No.219), entitled "An act for the
28 elimination of special forest fire hazards; authorizing the
29 Chief Forest Fire Warden, under certain circumstances, to
30 declare any such hazard a public nuisance; providing for the
19950H1400B2091 - 25 -
1 abatement of the same, and for the collection of the cost of
2 abatement; and imposing penalties."
3 The Secretary of Forests and Waters by the act of May 17,
4 1929 (P.L.1798, No.591), referred to as the Forest Reserves
5 Municipal Financial Relief Law.
6 The Department of Environmental Resources by section 17
7 of the act of May 21, 1931 (P.L.149, No.105), known as The
8 Liquid Fuels Tax Act.
9 The Secretary of Forests and Waters and the Department of
10 Forests and Waters by subarticle (c) of Article XXXVIII of
11 the act of June 23, 1931 (P.L.932, No.317), known as The
12 Third Class City Code.
13 The Department of Forests and Waters by the act of June
14 23, 1931 (P.L.1202, No.328), entitled "An act authorizing the
15 Department of Forests and Waters to cooperate with and to
16 receive contributions from the Federal Government for
17 forestry purposes; and providing for the use of such
18 contributions."
19 The Department of Forests and Waters by subarticle (c) of
20 Article XXX of the act of June 24, 1931 (P.L.1206, No.331),
21 known as The First Class Township Code.
22 The Department of Forests and Waters by the act of April
23 13, 1933 (P.L.35, No.30), entitled "An act for the
24 development and use of unredeemed seated and unseated lands
25 purchased by county commissioners at tax sales; providing for
26 the holding and permanent retention of such lands by the
27 county for forest or recreational uses beneficial to the
28 local community, or for their transfer to the State, under
29 suitable restrictions for similar uses, subject to certain
30 annual charges; providing for the use of revenues derived
19950H1400B2091 - 26 -
1 from such lands; providing a procedure for the discharge of
2 liens of record against such lands by sale after notice to
3 owners and lien creditors; providing for the sale by counties
4 of such lands as are retained by the county; providing for
5 the appointment by local State Forest Advisory Councils; and
6 conferring powers upon the Department of Forests and Waters
7 and the Board of Game Commissioners with respect to the
8 acquisition and exchange of such lands, their proper
9 organization and development, and the acceptance of gifts of
10 lands."
11 The Department of Forests and Waters by sections 1908,
12 1909, 1910, 1911, 1912, 1913, 1914, 1915, 1916 and 1917 of
13 the act of May 1, 1933 (P.L.103, No.69), known as The Second
14 Class Township Code.
15 The Department of Forests and Waters by the act of May
16 22, 1933 (P.L.853, No.155), known as The General County
17 Assessment Law.
18 The Department of Forests and Waters by the act of May
19 22, 1933 (P.L.907, No.165), entitled "An act empowering the
20 Department of Forests and Waters and the Board of Game
21 Commissioners to purchase, in the name of the Commonwealth,
22 seated and unseated lands at tax sales held by county
23 treasurers; providing for and regulating the payment of the
24 purchase price and redemptions in such cases; and providing
25 for the payment of State charges on such lands."
26 The Secretary of Forests and Waters by the act of July
27 29, 1953 (P.L.970, No.235), referred to as the Middle
28 Atlantic Interstate Forest Fire Protection Compact Act.
29 The Secretary of Forests and Waters and the Department of
30 Forests and Waters by the act of July 9, 1959 (P.L.510,
19950H1400B2091 - 27 -
1 No.137), known as the Pennsylvania Public Lands Act.
2 The Department of Forests and Waters by the act of June
3 15, 1961 (P.L.418, No.208), known as the State Forest Lands
4 Prospecting Act.
5 The Secretary of Forests and Waters and the Department of
6 Forests and Waters by subarticle (c) of Article XXVII of the
7 act of February 1, 1966 (1965 P.L.1656, No.581), known as The
8 Borough Code.
9 The Department of Forests and Waters by subarticle (e) of
10 Article III of the act of June 13, 1967 (P.L.31, No.21),
11 known as the Public Welfare Code.
12 The Department of Environmental Resources by the act of
13 June 27, 1973 (P.L.70, No.30), entitled "An act amending the
14 act of May 13, 1915 (P.L.286, No.177), entitled 'An act to
15 provide for the health, safety, and welfare of minors: By
16 forbidding their employment or work in certain establishments
17 and occupations, and under certain specified ages; by
18 restricting their hours of labor, and regulating certain
19 conditions of their employment; by requiring employment
20 certificates or transferable work permits for certain minors,
21 and prescribing the kinds thereof, and the rules for the
22 issuance, reissuance, filing, return, and recording of the
23 same; by providing that the Industrial Board shall, under
24 certain conditions, determine and declare whether certain
25 occupations are within the prohibitions of this act;
26 requiring certain abstracts and notices to be posted;
27 providing for the enforcement of this act by the Secretary of
28 Labor and Industry, the representative of school districts,
29 and police officers; and defining the procedure in
30 prosecutions thereunder, and establishing certain
19950H1400B2091 - 28 -
1 presumptions in relation thereto; providing for the issuance
2 of special permits for minors engaging in the entertainment
3 and related fields; providing penalties for the violation of
4 the provisions thereof; and repealing all acts or parts of
5 acts inconsistent therewith,' providing for participation in
6 certain training and fire-fighting activities."
7 The Department of Environmental Resources by the act of
8 July 20, 1974 (P.L.524, No.178), referred to as the
9 Interstate Cooperation Fire Protection Act.
10 The Department of Environmental Resources by the act of
11 April 29, 1982 (P.L.369, No.103), entitled "An act
12 authorizing the Department of Environmental Resources to
13 reimburse cooperating counties for a portion of each county's
14 costs incurred under State-County-Federal gypsy moth programs
15 and out of a Federal Augmentation appropriation made to the
16 department."
17 The Department of Environmental Resources by the act of
18 December 20, 1983 (P.L.257, No.71), entitled "An act
19 prohibiting the cutting, digging, removal, transportation or
20 sale within this Commonwealth for any purpose of Christmas
21 trees, without a bill of sale or other proof of ownership
22 from the owner of the land on which the same are grown; and
23 providing a penalty."
24 The Department of Environmental Resources by 34 Pa.C.S. §
25 723 (relating to exchange or sale).
26 The Department of Environmental Resources by 74 Pa.C.S. §
27 5905 (relating to certain State-owned airport).
28 Section 303. Parks.
29 (a) Powers and duties enumerated.--The department shall have
30 the following powers and duties with respect to parks:
19950H1400B2091 - 29 -
1 (1) To supervise, maintain, improve, regulate, police
2 and preserve all parks belonging to the Commonwealth.
3 (2) For the purpose of promoting healthful outdoor
4 recreation and education and making available for such use
5 natural areas of unusual scenic beauty, especially such as
6 provide impressive views, waterfalls, gorges, creeks, caves
7 or other unique and interesting features, to acquire, in the
8 name of the Commonwealth, by purchase, gift, lease or
9 condemnation, any lands which, in the judgment of the
10 department, should be held, controlled, protected, maintained
11 and utilized as State park lands. Such lands may be purchased
12 or accepted, subject to the conditions of any such lease and
13 subject to such reservations, if any, of mineral rights,
14 rights-of-way or other encumbrances as the department may
15 deem not inconsistent with such holdings. However, the amount
16 expended for the acquisition of lands for State park purposes
17 shall not be more than the amount specifically appropriated
18 for such purposes.
19 (3) To see that conveniences and facilities for the
20 transportation, shelter, comfort and education of people
21 shall be so designed and constructed as to retain, so far as
22 may be, the naturalistic appearance of State park areas,
23 surroundings and approaches, and conceal the hand of man as
24 ordinarily visible in urban, industrial and commercial
25 activities.
26 (4) To lease for a period not to exceed ten years, on
27 such terms as may be considered reasonable, to any person,
28 corporation, association or organization of this Commonwealth
29 a portion of any State park, whether owned or leased by the
30 Commonwealth, as may be suitable as a site for buildings and
19950H1400B2091 - 30 -
1 facilities to be used for health, recreational or educational
2 purposes, or for parking areas or concessions for the
3 convenience and comfort of the public. However, the
4 department may, with the approval of the Governor, if a
5 substantial capital investment is involved and if it is
6 deemed in the best interests of the Commonwealth, enter into
7 such leases for a period of not more than 35 years.
8 (5) To study, counsel and advise in reference to gifts
9 of lands or money for park purposes.
10 (6) To counsel and advise in reference to the
11 development of park lands by concessionaires with facilities
12 and equipment for the accommodation and education of the
13 public.
14 (7) To appoint and commission persons to preserve order
15 in the State parks, which persons shall have all of the
16 following powers:
17 (i) To make arrests without warrant for all
18 violations of the law which they may witness and to serve
19 and execute warrants issued by the proper authorities.
20 However, in cases of offenses for violation of any of the
21 provisions of 75 Pa.C.S. (relating to vehicles), the
22 power to make arrests without warrant shall be limited to
23 cases where the offense is designated a felony or a
24 misdemeanor or in cases causing or contributing to an
25 accident resulting in injury or death to any person.
26 (ii) To have all the powers and prerogatives
27 conferred by law upon members of the police force of
28 cities of the first class.
29 (iii) To have all the powers and prerogatives
30 conferred by law upon constables of this Commonwealth.
19950H1400B2091 - 31 -
1 (iv) To serve subpoenas issued for any examination,
2 investigation or trial under any law of this
3 Commonwealth.
4 (v) When authorized by the secretary or his
5 designee, to exercise all of the foregoing powers on
6 State forest lands or in other areas administered by the
7 department.
8 (8) For the purpose of providing parking facilities and
9 incidental services within the borders of any State park area
10 situate in the City of Philadelphia to lease or grant, by and
11 with the written approval of the Governor, any portion of any
12 such State park area, underground, aboveground, or both, to
13 the city or to any parking authority now or hereafter
14 existing in the city, pursuant to the provisions of the act
15 of June 5, 1947 (P.L.458, No.208), known as the Parking
16 Authority Law, as the same may now or hereafter be amended,
17 if:
18 (i) the City of Philadelphia or the parking
19 authority agrees that the lands and interests and
20 privileges therein shall be used by the city or parking
21 authority, or any lessee or sublessee holding under
22 either of them, pursuant to any lease or sublease granted
23 by the city or parking authority as may be permitted by
24 law, to promote the establishment of parking services and
25 facilities, but portions of the street level or lower
26 floors of the parking facilities may be leased for
27 commercial use, including emergency automobile repair
28 service and the sale by the lessee of any commodity of
29 trade or commerce or any service except the sale of
30 gasoline or automobile accessories; and
19950H1400B2091 - 32 -
1 (ii) The department, with the written approval of
2 the Governor, determines that the lease or grant:
3 (A) will aid in promoting the public safety,
4 convenience and welfare of the people of Philadelphia
5 by aiding in the establishment of adequate parking
6 services for the convenience of the public and
7 otherwise promoting the public policy of the
8 Commonwealth in authorization for the creation of
9 parking authorities; and
10 (B) will not unduly interfere with the promotion
11 of those public objects for which the State park area
12 was acquired and for which it is held.
13 Any lease or grant shall be upon the terms and conditions of
14 the period or periods of time the department, with the
15 written approval of the Governor, may prescribe. The
16 department shall execute and deliver and is empowered to
17 receive deeds or other legal instruments necessary to
18 effectuate any lease or grant. All deeds and instruments
19 shall have the prior approval of the Office of General
20 Counsel and the Office of Attorney General, and a copy
21 thereof shall be filed with the Department of Community
22 Affairs.
23 (9) To make and execute contracts or leases in the name
24 of the Commonwealth for the mining or removal of any oil or
25 gas that may be found in a State park whenever it shall
26 appear to the satisfaction of the department that it would be
27 for the best interests of this Commonwealth to make such
28 disposition of said oil and gas. Any proposed contracts or
29 leases of oil and gas more than $1,000 in value shall be
30 advertised once a week for three weeks in at least two
19950H1400B2091 - 33 -
1 newspapers published nearest the locality indicated in
2 advance of awarding such contract or lease. Such contracts or
3 leases may then be awarded to the highest and best bidder who
4 shall give bond for the proper performance of the contract as
5 the department shall designate.
6 (10) To grant rights-of-way in and through State parks
7 to municipal authorities and political subdivisions of this
8 Commonwealth for the laying of water lines and of lines for
9 the transportation of sewage to sewage lines or sewage
10 treatment facilities on State park land, under such terms and
11 conditions, including the payment of fees, as the department
12 may deem proper, and when it shall appear that the grant of
13 such right-of-way will not so adversely affect the land as to
14 interfere with its usual and orderly administration and that
15 the interests of this Commonwealth or its citizens will be
16 promoted by such grant.
17 (11) To issue permits under emergency situations, upon
18 such terms and subject to such restrictions, fees and
19 regulations as the department may deem proper, for the
20 utilization of water at a State park and for constructing,
21 maintaining and operating lines of pipes upon and through a
22 State park for the purpose of conveying water therefrom,
23 wherever it shall be in the public interest to do so.
24 (b) Administration of certain statutes.--The department
25 shall hereafter exercise the powers and duties heretofore
26 conferred upon those agencies and officials listed below under
27 the following statutes:
28 The Snyder-Middleswarth Park Commission and the
29 Department of Forests and Waters by the act of April 12, 1921
30 (P.L.123, No.73), entitled "An act providing for the
19950H1400B2091 - 34 -
1 establishment and the regulation of a State park, to be known
2 as the Snyder-Middleswarth State Park."
3 The Pennsylvania State Park and Harbor Commission of Erie
4 by the act of May 27, 1921 (P.L.1180, No.436), entitled "An
5 act dedicating certain lands of the Commonwealth of
6 Pennsylvania, situated in the city and county of Erie, to
7 public use as an historical memorial and public State park;
8 aiding in the development of the harbor of Erie; and creating
9 a commission to manage and control said lands and said harbor
10 improvements; empowering said commission to purchase or
11 receive by gift other lands for the purpose of this act;
12 providing for the appointment of members of said commission,
13 and that the Secretary of Internal Affairs and the
14 Commissioner of Fisheries shall be ex officio members
15 thereof; defining the duties and powers of said commission;
16 excepting rights and privileges in said lands heretofore
17 granted; and making an appropriation."
18 The Department of Forests and Waters by the act of April
19 14, 1927 (P.L.295, No.168), entitled "An act providing for
20 the acquisition by the Department of Forests and Waters, in
21 the name of the Commonwealth, of certain lands in Jefferson,
22 Forest, and Clarion Counties, Pennsylvania, belonging to the
23 A. Cook Sons Company, for use as a State Park and Forest
24 Reservation; making an appropriation for said acquisition;
25 providing for the management of said property by said
26 department and defining the uses to which the property shall
27 be put."
28 The Department of Forests and Waters and the Water and
29 Power Resources Board by the act of May 2, 1929 (P.L.1530,
30 No.456), referred to as the Pymatuning Swamp Reservoir
19950H1400B2091 - 35 -
1 Project Law.
2 The Department of Forests and Waters by the act of June
3 2, 1933 (P.L.1415, No.301), entitled "An act dedicating and
4 setting aside certain lands in Cameron and Clinton Counties
5 as a public park and pleasure-ground, to be known as
6 "Bucktail State Park"; and imposing certain powers and duties
7 in connection therewith upon the Department of Forests and
8 Waters and the Department of Justice of the Commonwealth."
9 The Department of Forests and Waters and the Pennsylvania
10 State Park and Harbor Commission of Erie by the act of July
11 15, 1935 (P.L.1002, No.320), entitled "An act relating to the
12 Pennsylvania State Park at Erie, authorizing the Department
13 of Forests and Waters to revoke and terminate certain
14 revocable grants and to acquire, by purchase or eminent
15 domain, private property rights or interests in respect to
16 any lands within said park."
17 The Department of Forests and Waters by the act of July
18 1, 1937 (P.L.2651, No.516), entitled "An act dedicating and
19 setting aside certain lands in Lackawanna County as a public
20 park and pleasure-ground; and imposing certain powers and
21 duties in connection therewith on the Department of Forests
22 and Waters."
23 The Secretary of Forests and Waters, the Department of
24 Forests and Waters and the State Parks Commission by the act
25 of June 21, 1939 (P.L.621, No.290), entitled "An act
26 authorizing the Secretary of Forests and Waters to utilize or
27 transfer to the Department of Highways, canal properties or
28 parts thereof acquired by the Department of Forests and
29 Waters, and, in connection with such use, to sell waters from
30 such canals."
19950H1400B2091 - 36 -
1 The Secretary of Forests and Waters by the act of June
2 21, 1939 (P.L.622, No.291), entitled "An act authorizing the
3 Secretary of Forests and Waters, with approval of the
4 Governor, to accept and acquire by gift, grant or other
5 lawful means certain canal properties."
6 The Department of Forests and Waters by the act of August
7 1, 1941 (P.L.609, No.257), entitled "An act providing for the
8 acquisition by the Department of Forests and Waters, in the
9 name of the Commonwealth, of certain lands in Luzerne,
10 Sullivan and Wyoming Counties for use as a State Park; making
11 an appropriation for said acquisition; providing for the
12 management of said property by said department, and defining
13 the uses to which the property shall be put."
14 The Department of Forests and Waters by the act of August
15 12, 1963 (P.L.658, No.343), entitled "An act providing for
16 the acquisition by the Department of Forests and Waters of
17 the Kinzua Bridge and certain adjoining grounds for a State
18 park, and making an appropriation."
19 The Department of Forests and Waters by the act of June
20 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70
21 Land Acquisition and Borrowing Act.
22 The Department of Environmental Resources by the act of
23 July 20, 1974 (P.L.543, No.187), entitled "An act authorizing
24 the lease of Independence Mall State Park in the City of
25 Philadelphia, Philadelphia County, to the Government of the
26 United States of America for use as a National Park, and
27 further authorizing the conveyance of said State Park to the
28 United States of America for use as a National Park, and,
29 with certain reservations, ceding jurisdiction over such
30 lands."
19950H1400B2091 - 37 -
1 The Department of Environmental Resources by 30 Pa.C.S. §
2 902 (relating to enforcement of other laws).
3 Section 304. Facility development.
4 (a) General rule.--The department has all powers and duties
5 previously vested in the Department of Environmental Resources
6 to design, construct, improve, maintain and repair those lands
7 and facilities which it deems necessary or appropriate in the
8 exercise of the powers and duties transferred by this act.
9 (b) Powers not restricted.--The powers and duties conferred
10 by this section are not restricted by Article XXIV of the act of
11 April 9, 1929 (P.L.177, No.175), known as The Administrative
12 Code of 1929, to any greater extent than were the powers and
13 duties of the Department of Environmental Resources, in
14 accordance with section 2401.2 of that act.
15 (c) Administration of certain statutes.--The department
16 shall hereafter exercise the powers and duties heretofore
17 conferred upon the agencies and officials listed below under the
18 following statutes:
19 The Department of Forests and Waters and the Secretary of
20 Forests and Waters by the act of May 20, 1921 (P.L.984,
21 No.353), entitled "An act providing for the condemnation by
22 the Commonwealth of lands suitable and desirable for forest
23 purposes or game preserve purposes or the perpetuation and
24 protection of fish; and defining the powers and duties of the
25 Department of Forestry, the Board of Game Commissioners, and
26 the Department of Fisheries, respectively, in relation
27 thereto."
28 The Department of Forests and Waters by the act of March
29 26, 1925 (P.L.84, No.53), entitled "An act authorizing the
30 Department of Forests and Waters to accept gifts, donations,
19950H1400B2091 - 38 -
1 or contributions under certain circumstances; and providing
2 for the use of such gifts."
3 The Secretary of Forests and Waters, the Department of
4 Forests and Waters and the Chief Forest Fire Warden by the
5 act of March 1, 1945 (P.L.15, No.7), entitled "An act to
6 authorize the Department of Forests and Waters to lease or
7 sell its telephone lines or parts thereof."
8 The Department of Forests and Waters by the act of May
9 22, 1945 (P.L.834, No.335), entitled "An act providing for
10 the acceptance by the Commonwealth of a gift of lands from
11 the United States of America, or any Federal agency, and
12 placing such lands under the control and supervision of the
13 Department of Forests and Waters."
14 The Department of Forests and Waters and the Secretary of
15 Forests and Waters by the act of December 15, 1955 (P.L.865,
16 No.256), entitled "An act requiring rents and royalties from
17 oil and gas leases of Commonwealth land to be placed in a
18 special fund to be used for conservation, recreation, dams,
19 and flood control; authorizing the Secretary of Forests and
20 Waters to determine the need for and location of such
21 projects and to acquire the necessary land."
22 The Department of Forests and Waters by the act of
23 January 19, 1968 (1967 P.L.992, No.442), entitled "An act
24 Authorizing the Commonwealth of Pennsylvania and the counties
25 thereof to preserve, acquire or hold land for open space
26 uses."
27 The Department of Environmental Resources by the act of
28 November 29, 1990 (P.L.600, No.151), entitled "An act
29 amending Title 66 (Public Utilities) of the Pennsylvania
30 Consolidated Statutes, providing an opportunity for
19950H1400B2091 - 39 -
1 municipalities to purchase real property being disposed of by
2 public utilities engaged in a railroad business."
3 The Department of Environmental Resources by the act of
4 July 2, 1993 (P.L.359, No.50), known as the Keystone
5 Recreation, Park and Conservation Fund Act.
6 Section 305. Ecological and geological services.
7 (a) Powers and duties enumerated.--The department shall have
8 the power and its duty shall be with respect to the study and
9 protection of the Commonwealth's ecological and geological
10 resources:
11 (1) To undertake, conduct and maintain the organization
12 of a thorough and extended survey of this Commonwealth for
13 the purpose of elucidating the geology and topography of this
14 Commonwealth. The survey shall disclose the chemical analysis
15 and location of ores, coals, oils, clays, soils, fertilizing
16 and of other useful minerals, and of waters, as shall be
17 necessary to afford the agricultural, forestry, mining,
18 metallurgical and other interests of this Commonwealth and
19 the public a clear insight into the character of its
20 resources. It shall also disclose the location and character
21 of such rock formations as may be useful in the construction
22 of highways or for any other purpose.
23 (2) To collect such specimens as may be necessary to
24 form a complete cabinet collection of specimens of the
25 geological and mineral resources of this Commonwealth and
26 deposit the same in the State Museum of Pennsylvania.
27 (3) To put the results of the survey, with the results
28 of previous surveys, into a form convenient for reference.
29 (4) To collect copies of the surveys of this and other
30 states and countries, and digest the information therein
19950H1400B2091 - 40 -
1 contained, to the end that the survey hereby contemplated may
2 be made as thorough, practical and convenient as possible.
3 (5) To enter into and upon all lands and localities in
4 this Commonwealth which it may be necessary to examine for
5 the purpose of survey; but, in such entry, no damage to
6 property shall be done.
7 (6) To avail itself as fully as possible of the
8 information, maps and surveys possessed by citizens and
9 corporations of this Commonwealth, relative to the geology
10 and topography of this Commonwealth.
11 (7) To transmit all publications of the survey, or any
12 part thereof, to the Department of General Services to be
13 copyrighted by the Secretary of General Services in the name
14 of the Commonwealth.
15 (8) To arrange for the cooperation of the United States
16 Geological Survey or of such other national organization as
17 may be authorized to engage in such work.
18 (9) To exercise the powers and duties vested in the
19 Department of Environmental Resources by the act of June 23,
20 1982 (P.L.597, No.170), known as the Wild Resource
21 Conservation Act. Notwithstanding any provision in the act to
22 the contrary, the department may use any funds appropriated
23 to it to carry out the purposes of this section.
24 (10) To undertake, conduct and maintain the organization
25 of a thorough and extended survey of this Commonwealth for
26 the purpose of inventory, survey and elucidation of the
27 ecological resources of this Commonwealth, to gather and
28 digest information from sources within and outside this
29 Commonwealth and to put the results of the survey into a form
30 convenient for reference. The ecological survey should
19950H1400B2091 - 41 -
1 identify the significant natural features of this
2 Commonwealth and the species which comprise these features.
3 (b) Administration of certain statute.--The department shall
4 exercise and is vested with the powers and duties established by
5 the act of May 29, 1956 (1955 P.L.1840, No.610), known as the
6 Water Well Drillers License Act.
7 Section 306. Community recreation and heritage conservation.
8 (a) Powers and duties.--The department shall have the
9 following powers and duties with respect to community recreation
10 and heritage conservation:
11 (1) To administer Federal and State programs for grants
12 and loans to local governments, municipal authorities and
13 nonprofit organizations for community and regional projects
14 involving the planning, acquisition, rehabilitation and
15 development of public park, recreation and conservation
16 areas, facilities and programs.
17 (2) To provide technical assistance and other services
18 to communities, nonprofit groups, regional organizations,
19 Federal and State agencies and organizations and the general
20 public on any aspect of planning, acquiring, improving,
21 managing, operating and maintaining public park, recreation
22 and conservation areas, facilities and programs.
23 (3) To administer Federal and State heritage
24 conservation programs, such as the Pennsylvania Heritage
25 Parks Program and other programs that preserve, enhance and
26 promote natural, recreational, cultural and scenic resources
27 for heritage conservation, tourism and economic development.
28 (4) To provide grants and technical assistance to
29 communities and zoo organizations for the rehabilitation and
30 development of public zoological parks or other areas.
19950H1400B2091 - 42 -
1 (b) Agreements with other agencies.--The department has the
2 powers and duties to coordinate and enter into agreements with
3 Federal agencies, State agencies, local governments and
4 nonprofit organizations to carry out the aforementioned powers
5 and duties.
6 (c) Community affairs.--The department shall have the powers
7 and duties previously vested in the Secretary of Community
8 Affairs and the Department of Community Affairs by the following
9 acts:
10 The act of January 19, 1968 (1967 P.L.996, No.443), known
11 as the Land and Water Conservation and Reclamation Act.
12 The act of December 21, 1973 (P.L.425, No.148), entitled
13 "An act authorizing the establishment of environmental
14 advisory councils by certain political subdivisions."
15 The act of July 2, 1984 (P.L.527, No.106), known as the
16 Recreational Improvement and Rehabilitation Act.
17 The act of July 2, 1993 (P.L.359, No.50), known as the
18 Keystone Recreation, Park and Conservation Fund Act.
19 (d) Project 70.--The department shall have the powers and
20 duties vested in the Department of Commerce by the act of June
21 22, 1964 (Sp.Sess., P.L.131, No.8), known as the Project 70 Land
22 Acquisition and Borrowing Act, and transferred to the Department
23 of Community Affairs by section 2501-C(h) of the act of April 9,
24 1929 (P.L.177, No.175), known as The Administrative Code of
25 1929.
26 Section 307. Rivers conservation.
27 (a) General rule.--The department shall have the power and
28 duty to assist in the conservation, enhancement and restoration
29 of the river resources of this Commonwealth and may make grants
30 and provide technical assistance to local governments and
19950H1400B2091 - 43 -
1 nonprofit organizations for river conservation projects.
2 (b) Scenic rivers.--
3 (1) The department shall have the powers and duties
4 previously vested in the Department of Environmental
5 Resources by the act of December 5, 1972 (P.L.1277, No.283),
6 known as the Pennsylvania Scenic Rivers Act.
7 (2) The department shall have the powers and duties
8 previously vested in the Department of Environmental
9 Resources by the following acts:
10 The act of November 26, 1978 (P.L.1415, No.333), known as
11 the Schuylkill Scenic River Act.
12 The act of March 24, 1980 (P.L.50, No.18), known as the
13 Stony Creek Wild and Scenic River Act.
14 The act of April 5, 1982 (P.L.222, No.71), known as the
15 Lehigh Scenic River Act.
16 The act of April 29, 1982 (P.L.351, No.97), known as the
17 French Creek Scenic Rivers Act.
18 The act of December 17, 1982 (P.L.1402, No.324), known
19 as the Lick Run Wild and Scenic River Act.
20 The act of October 21, 1983 (P.L.171, No.43), known as
21 the Octoraro Creek Scenic River Act.
22 The act of March 30, 1988 (P.L.318, No.42), known as the
23 LeTort Spring Run Scenic River Act.
24 The act of December 19, 1988 (P.L.1286, No.161), known as
25 the Tucquan Creek and Bear Run Scenic Rivers Act.
26 The act of June 16, 1989 (P.L.22, No.7), known as the
27 Lower Brandywine Scenic Rivers Act.
28 The act of December 4, 1992 (P.L.763, No.116), known as
29 the Yellow Breeches Creek Scenic River Act.
30 The act of December 4, 1992 (P.L.767, No.118), known as
19950H1400B2091 - 44 -
1 the Tulpehocken Creek and Yellow Breeches Creek Scenic River
2 Act.
3 The act of December 4, 1992 (P.L.784, No.124), known as
4 the Pine Creek Scenic Rivers Act.
5 Section 308. Trails and greenways.
6 (a) General rule.--The department shall have the power and
7 duty to assist in the planning, establishment and development of
8 trails and greenways throughout this Commonwealth and may make
9 grants and provide technical assistance to local governments and
10 nonprofit organizations for the planning, acquisition and
11 development of recreational trail and greenway projects.
12 (b) Rails to trails.--The department shall have the powers
13 and duties previously vested in the Department of Environmental
14 Resources and the Environmental Quality Board by the act of
15 December 18, 1990 (P.L.748, No.188), known as the Rails to
16 Trails Act.
17 (c) Snowmobiles and ATV's.--The department shall have the
18 powers and duties vested in the Department of Environmental
19 Resources by 75 Pa.C.S. Ch. 77 (relating to snowmobiles and all-
20 terrain vehicles).
21 (d) Appalachian Trail.--The department shall have the powers
22 and duties vested in the Department of Environmental Resources
23 by the act of April 28, 1978 (P.L.87, No.41), known as the
24 Pennsylvania Appalachian Trail Act.
25 (e) Construction.--Nothing in this act shall be construed to
26 be grounds for the imposition of responsibility by the
27 Pennsylvania Public Utility Commission for maintenance or costs
28 of any railroad crossing or abandoned railroad crossing under 66
29 Pa.C.S. Ch. 27 (relating to railroads).
30 Section 309. Youth conservation programs.
19950H1400B2091 - 45 -
1 (a) Powers and duties.--The department shall have the powers
2 and duties previously vested in the Department of Environmental
3 Resources by the act of July 2, 1984 (P.L.561, No.112), known as
4 the Pennsylvania Conservation Corps Act.
5 (b) Federal funding.--The department shall have the power to
6 establish and maintain conservation work experience programs
7 authorized and funded under Federal law and to accept, use and
8 grant funds made available by Federal agencies for such
9 programs.
10 Section 310. Volunteers.
11 (a) Services of individuals without compensation.--The
12 secretary is authorized to recruit, train and accept without
13 regard to the civil service classification laws, rules or
14 regulations, the services of individuals without compensation as
15 volunteers for or in aid of interpretive functions, visitor
16 services, conservation measures and development or other
17 activities in and related to State park and forest areas and
18 other conservation and natural resource activities administered
19 by the department.
20 (b) Expenses.--The secretary is authorized to provide for
21 incidental expenses, such as transportation, uniforms, lodging
22 and subsistence.
23 (c) Status of volunteers.--
24 (1) Except as otherwise provided in this section, a
25 volunteer shall not be deemed to be a Commonwealth employee
26 and shall not be subject to the provisions of law relating to
27 Commonwealth employment, including those relating to hours of
28 work, rates of compensation, leave, unemployment compensation
29 and Commonwealth employee benefits.
30 (2) Volunteers performing work under the terms of this
19950H1400B2091 - 46 -
1 act shall be authorized to operate Commonwealth vehicles and
2 shall be treated for the purposes of automotive and general
3 liability as employees of the Commonwealth.
4 (3) For the purposes of the act of June 2, 1915
5 (P.L.736, No.338), known as the Workers' Compensation Act,
6 volunteers under this act shall be deemed employees of the
7 Commonwealth.
8 (4) No volunteer shall be assigned to any position,
9 covered by any labor agreement, presently filled or
10 authorized in the department.
11 (d) Natural Resource Volunteer Program.--The department
12 shall have the power and authority to do all things necessary
13 and expedient to establish and operate a Natural Resource
14 Volunteer Program and to promulgate rules and regulations under
15 this section.
16 Section 311. Environmental education.
17 The department shall establish a program to provide and
18 promote environmental education related to the conservation,
19 utilization and preservation of the natural resources of this
20 Commonwealth. For these purposes, the department may use funds
21 provided by the Department of Environmental Protection pursuant
22 to the act of June 22, 1993 (P.L.105, No.24), known as the
23 Environmental Education Act, and any other available funds. The
24 amount of funds provided by the Department of Environmental
25 Protection shall not be less than 25% of the annual receipts of
26 the Environmental Education Fund and may be used for the purpose
27 stated in this section notwithstanding any limitations in the
28 Environmental Education Act.
29 Section 312. Whitewater recreation.
30 (a) General rule.--The department shall have the power and
19950H1400B2091 - 47 -
1 duty to promulgate rules and regulations to protect, manage and
2 regulate the recreational use of designated whitewater zones, to
3 license whitewater outfitters operating within designated
4 whitewater zones and to establish fees, royalties and charges
5 for licenses and for using public lands, waters and facilities.
6 (b) License guidelines.--For each specific designated
7 whitewater zone, a license to continue operating as a whitewater
8 rafting outfitter shall be issued by the department to any
9 whitewater rafting outfitter who:
10 (1) has provided whitewater rafting services on a
11 designated whitewater zone for a period of five or more
12 years;
13 (2) has provided those services under formal agreement
14 with the department;
15 (3) has demonstrated an acceptable measure of compliance
16 with the safety and operational requirements of that
17 agreement; and
18 (4) has provided whitewater rafting services on that
19 designated whitewater zone prior to operation and management
20 of that designated whitewater zone through formal agreement
21 with the department.
22 Each whitewater rafting outfitter presently conducting
23 whitewater rafting trips under agreement with the Department of
24 Environmental Resources shall be deemed to fulfill the foregoing
25 criteria.
26 (c) Renewal.--Licenses issued by the department to continue
27 to operate as a whitewater rafting outfitter:
28 (1) shall be for a period of ten years and shall be
29 renewable under guidelines appropriate and necessary to
30 protect the public health, safety and interest and provide
19950H1400B2091 - 48 -
1 stability to the outfitting industry;
2 (2) shall be transferable under reasonable guidelines of
3 the department relating to transfer of licenses and required
4 qualifications of transferees;
5 (3) shall include the right to continue to utilize or
6 lease any premises leased before the effective date of this
7 act by a whitewater rafting outfitter from the department or
8 offer to lease such access areas as the department deems
9 appropriate for use by whitewater rafting outfitters; and
10 (4) shall supersede, after the adoption of regulations,
11 any agreement between the department and a whitewater rafting
12 outfitter, except fee agreements in which a whitewater
13 rafting outfitter is required to pay the department a fee,
14 which fee agreements shall continue for the life of the
15 agreement and which shall not preclude the issuance of a
16 license.
17 (d) Additional whitewater rafting outfitter licenses.--The
18 department may, with regard to a specific designated whitewater
19 zone, accept bids, issue licenses and charge fees and royalties
20 for an additional whitewater rafting outfitter only if the
21 department determines that there is additional whitewater
22 rafting outfitter carrying capacity on the waterway and that
23 there is a need for additional whitewater rafting outfitter
24 allocations. Such licenses shall apply only for that specific
25 designated whitewater zone and only for a period not to exceed
26 ten years.
27 (e) Operation and safety of whitewater zone.--Licensed
28 whitewater rafting outfitters shall be subject to all
29 appropriate rules, regulations and guidelines promulgated by the
30 department for the purposes of regulating the operation and
19950H1400B2091 - 49 -
1 safety of each designated whitewater zone.
2 (f) Termination.--Licenses granted by the department may be
3 terminated by the department for noncompliance after a 30-day
4 written notice to the outfitter and a hearing in accordance with
5 2 Pa.C.S. (relating to administrative law and procedure).
6 Section 313. Rulemaking authority.
7 (a) Interests of Commonwealth.--The department shall, in the
8 manner provided by law, promulgate such rules and regulations,
9 not inconsistent with law, for the control, management,
10 protection, utilization, development, occupancy and use of the
11 lands and resources of State parks and State forests, as it may
12 deem necessary or proper to conserve the interests of the
13 Commonwealth.
14 (b) State parks.--Rules and regulations with respect to
15 State parks shall be compatible with the purposes for which
16 State parks are created.
17 (c) State forests.--Rules and regulations with respect to
18 State forests shall be compatible with the purposes for which
19 the State forests are created, namely to provide a continuous
20 supply of timber, lumber, wood and other forest products, to
21 protect the watersheds, conserve the waters and regulate the
22 flow of rivers and streams of this Commonwealth and to furnish
23 opportunities for healthful recreation to the public.
24 (d) General rule.--The department shall promulgate such
25 rules and regulations as are necessary to carry out this act.
26 (e) Conduct on Commonwealth property.--The department shall
27 have the powers vested in the Department of Environmental
28 Resources under 18 Pa.C.S. § 7506 (relating to violation of
29 rules regarding conduct on Commonwealth property).
30 (f) Powers of Environmental Quality Board.--The department
19950H1400B2091 - 50 -
1 shall continue to exercise any power to formulate, adopt and
2 promulgate rules and regulations heretofore vested in the
3 Environmental Quality Board set forth in section 1920-A(c) of
4 the act of April 9, 1929 (P.L.177, No.175), known as The
5 Administrative Code of 1929, insofar as that power relates to
6 the power and duty to promulgate regulations imposed upon the
7 Department of Forests and Waters, the Secretary of Forests and
8 Waters, the Pennsylvania State Park and Harbor Commission of
9 Erie and the State Forest Commission.
10 (g) Powers and duties conferred by statute.--The department
11 shall have the powers and duties previously vested in the
12 Environmental Quality Board by the following:
13 Sections 7, 8 and 9 of the act of June 23, 1982 (P.L.597,
14 No.170), known as the Wild Resource Conservation Act.
15 Section 5 of the act of December 18, 1990 (P.L.748,
16 No.188), known as the Rails to Trails Act.
17 (h) Existing rules.--Any such rules and regulations
18 promulgated prior to the effective date of this act shall be the
19 rules and regulations of the department until such time as they
20 are modified or repealed by the department.
21 (i) Law applicable.--The department shall promulgate its
22 rules and regulations subject to the act of July 31, 1968
23 (P.L.769, No.240), referred to as the Commonwealth Documents
24 Law, the act of October 15, 1980 (P.L.950, No.164), known as the
25 Commonwealth Attorneys Act, and the act of June 25, 1982
26 (P.L.633, No.181), known as the Regulatory Review Act, except
27 for the establishment of fees and charges under section 314.
28 Section 314. Fees and charges.
29 Whenever the department imposes fees or charges for
30 activities, admissions, uses or privileges, including charges
19950H1400B2091 - 51 -
1 for concessions, at or relating to State parks, such charges or
2 fees shall be used solely for the acquisition, maintenance,
3 operation or administration of the State park system and are
4 hereby appropriated for such purposes. The department shall not
5 adopt or impose any charges or fees for parking or general
6 admission to State parks unless the charges were imposed prior
7 to January 1, 1995. The department may continue to impose and
8 modify parking charges and fees applicable to specific services
9 or units within the State park system which were imposed prior
10 to January 1, 1995, and may impose charges or fees for admission
11 to and for use of specific services and facilities in State
12 parks. The department shall continue to exercise the powers
13 previously vested in the Environmental Quality Board regarding
14 the imposition of fees and charges for State parks and State
15 forests.
16 Section 315. Conservation and Natural Resources Advisory
17 Council.
18 (a) Composition.--The Conservation and Natural Resources
19 Advisory Council shall consist of the Secretary of Conservation
20 and Natural Resources, six members who shall be appointed by the
21 Governor, no more than three of whom shall be of the same
22 political party, six members who shall be appointed by the
23 President pro tempore of the Senate, no more than three of whom
24 shall be of the same political party and six members who shall
25 be appointed by the Speaker of the House of Representatives, no
26 more than three of whom shall be of the same political party.
27 The appointed members of the council shall be citizens of this
28 Commonwealth, who, during their respective terms, shall hold no
29 other Commonwealth office to which any salary is attached. The
30 council shall include persons knowledgeable in fields related to
19950H1400B2091 - 52 -
1 the work of the department.
2 (b) Term.--The term of office of each appointed member shall
3 be three years, measured from the third Tuesday of January of
4 the year in which he takes office, or until his successor has
5 been appointed; except that in the initial appointments of the
6 members of the council, the respective appointing authorities
7 shall appoint two members for terms of one year each, two
8 members for terms of two years each and two members for terms of
9 three years each.
10 (c) Officers and meetings.--The council shall annually elect
11 one of its appointed members as chairman and shall elect a
12 secretary who need not be a member of the council. Meetings of
13 the council shall be held at least quarterly or at the call of
14 the chairman.
15 (d) Powers and duties.--
16 (1) The council shall review all conservation and
17 natural resource laws of the Commonwealth and make
18 appropriate suggestions for the revision, modification and
19 codification thereof.
20 (2) The council shall consider, study and review the
21 work of the department and for this purpose the council shall
22 have access to all books, papers, documents and records
23 pertaining or belonging to the department.
24 (3) The council shall advise the department, on request,
25 and shall make recommendations upon its initiative for the
26 improvement of the work of the department.
27 (4) The council shall report annually to the Governor
28 and to the General Assembly and may make such interim reports
29 as are deemed advisable.
30 (5) The council shall have power to employ and fix the
19950H1400B2091 - 53 -
1 compensation of such experts, stenographers and assistants as
2 may be deemed necessary to carry out the work of the council,
3 but due diligence shall be exercised by the council to enlist
4 such voluntary organizations and other agencies in
5 Pennsylvania or elsewhere, generally recognized as qualified
6 to aid the council.
7 Section 316. Advisory committees.
8 (a) Creation.--The department is authorized to create
9 advisory committees to help develop or discuss proposed
10 regulation, final regulation or policy guidance and to provide
11 continuing advice on implementing programs administered by the
12 department.
13 (b) Organization.--Membership on an advisory committee shall
14 be balanced and shall be representative of the interests
15 affected by the particular regulation, policy, issue or program
16 assigned to the committee.
17 (c) Appointments.--The secretary shall appoint the members
18 of an advisory committee.
19 (d) Chairperson.--A chairperson shall be chosen by a
20 majority vote of the advisory committee members present at a
21 regularly scheduled meeting. A person employed by the department
22 shall not chair an advisory committee.
23 (e) Expenses.--Members of an advisory committee may be
24 reimbursed for their travel expenses to attend committee
25 meetings as authorized by the Executive Board. Employees of the
26 Commonwealth who serve as members of an advisory committee shall
27 only be entitled to the compensation and expenses they receive
28 as public employees.
29 (f) Support.--The department shall provide the appropriate
30 administrative and technical support needed by an advisory
19950H1400B2091 - 54 -
1 committee in order to accomplish its objectives.
2 Section 317. Ex officio memberships of secretary.
3 The secretary shall serve in lieu of the Secretary of
4 Environmental Resources on the following boards and commissions:
5 (1) The Boating Advisory Board.
6 (2) The Board of Trustees of The Pennsylvania State
7 University.
8 (3) The Hardwoods Development Council.
9 (4) The Wild Resource Conservation Board.
10 Section 318. Contracts and agreements.
11 (a) Authorized entities.--The department may enter into
12 contracts and agreements with persons, associations,
13 corporations, partnerships, municipalities, municipal
14 authorities and units of Federal, State and local government to
15 exercise the powers and fulfill the duties established by this
16 act.
17 (b) State System of Higher Education.--The department may
18 enter into agreements for studies and services with State-
19 related institutions and institutions which are part of the
20 State System of Higher Education without the need for
21 competitive procurement.
22 (c) Rights-of-way.--The department shall have the power to
23 lease rights-of-way for a period of not more than 35 years, on
24 terms and conditions as it may consider reasonable, to owners of
25 real property abutting State lands under the jurisdiction of the
26 department.
27 Section 319. Transfer of funds.
28 (a) Transfer from Department of Environmental Resources.--
29 The administration of the following funds or portions of funds,
30 as may be administered by the Department of Environmental
19950H1400B2091 - 55 -
1 Resources, shall be transferred from the Department of
2 Environmental Resources to the department:
3 (1) State Parks User Fees Restricted Receipts Account.
4 (2) Forestry Stumpage Sales Restricted Receipts Account.
5 (3) Quehanna Fund - Act 275 Restricted Revenue Account.
6 (4) Snowmobile/ATV Program Restricted Revenue Account.
7 (5) Quehanna Fund - Act 55 Restricted Revenue Account.
8 (6) Purchase of State Forest Land Restricted Revenue
9 Account.
10 (7) Keystone Recreation, Park and Conservation Fund.
11 (8) Land and Water Development Fund (Public Outdoor
12 Recreation Areas appropriation only).
13 (9) Motor License Fund.
14 (10) Oil and Gas Lease Fund.
15 (11) Wild Resource Conservation Fund.
16 (b) Transfer from Department of Community Affairs.--The
17 administration of the following funds or portions of funds shall
18 be transferred from the Department of Community Affairs to the
19 department:
20 (1) Keystone Recreation, Park and Conservation Fund.
21 (2) Pennsylvania Heritage Parks Program appropriations
22 from the General Fund.
23 (c) State forests.--A minimum of 10% of the previous fiscal
24 year's receipts of the Forestry Stumpage Sales Restricted
25 Receipts Account shall be transferred to a separate Forest
26 Regeneration Restricted Revenue Account and is hereby
27 appropriated to the department, in addition to the funds
28 necessary for the operation, maintenance and administration of
29 the state forest system, to expend on forest regeneration
30 activities, including, but not limited to, erecting deer fences,
19950H1400B2091 - 56 -
1 planting trees and treating forests with herbicides. Any balance
2 in the Forest Regeneration Restricted Revenue Account in excess
3 of 5% of the previous year's receipts at the end of the fiscal
4 year shall be returned to the Forestry Stumpage Sales Restricted
5 Receipts Account.
6 Section 320. Renumbering regulations.
7 The department shall deposit a notice with the Legislative
8 Reference Bureau renumbering the following regulations and
9 statements of policy to the appropriate title of the
10 Pennsylvania Code and making at that time needed editorial
11 changes to reflect the transfers of powers and duties under this
12 act:
13 16 Pa. Code Ch. 5 Subch. E (relating to land and water
14 conservation fund-statement of policy)
15 25 Pa. Code Ch. 11 Subch. A (relating to scenic rivers)
16 25 Pa. Code Ch. 11 Subch. B (relating to natural areas
17 and wild areas)
18 25 Pa. Code Ch. 11 Subch. C (relating to campsites)
19 25 Pa. Code Ch. 17 (relating to transfer or exchange of
20 State park land-statement of policy)
21 25 Pa. Code Ch. 18 (relating to transfer or exchange of
22 State forest land-statement of policy)
23 25 Pa. Code Ch. 31 (relating to general provisions)
24 25 Pa. Code Ch. 51 (relating to general provisions)
25 25 Pa. Code Ch. 52 (relating to State forest picnic
26 areas)
27 25 Pa. Code Ch. 81 (relating to prevention of railroad-
28 caused forest fires)
29 25 Pa. Code Ch. 82 (relating to conservation of
30 Pennsylvania native wild plants)
19950H1400B2091 - 57 -
1 25 Pa. Code Ch. 195 (relating to snowmobile and all-
2 terrain vehicle registration and operation).
3 Section 321. Transfer provisions.
4 (a) Transfer enumerated.--The following are transferred to
5 the department:
6 (1) All bureaus, organizations and divisions in the
7 Department of Environmental Resources responsible for the
8 functions enumerated in this act.
9 (2) The Bureau of Recreation and Conservation in the
10 Department of Community Affairs.
11 (3) All personnel, allocations, appropriations,
12 equipment, files, records, contracts, agreements, obligations
13 and other materials which are used, employed or expended by
14 the Department of Environmental Resources in connection with
15 the functions transferred by this act to the Department of
16 Conservation and Natural Resources in the first instance and
17 as if these contracts, agreements and obligations had been
18 incurred or entered into by the Department of Conservation
19 and Natural Resources.
20 (4) All personnel, allocations, appropriations,
21 equipment, files, records, contracts, agreements, obligations
22 and other materials which are used, employed or expended by
23 the Department of Community Affairs in connection with the
24 functions transferred by this act to the Department of
25 Conservation and Natural Resources in the first instance and
26 as if these contracts, agreements and obligations had been
27 incurred or entered into by the Department of Conservation
28 and Natural Resources.
29 (b) Apportionment.--The personnel, appropriations, equipment
30 and other items and material transferred by this section shall
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1 include an appropriate portion of the general administrative,
2 overhead and supporting personnel, appropriations, equipment and
3 other material of the agency and shall also include, where
4 applicable, Federal grants and funds and other benefits from any
5 Federal program.
6 (c) Status of employees.--All personnel transferred pursuant
7 to this act shall retain any civil service employment status
8 assigned to the personnel.
9 Section 322. Civil service status.
10 All positions in the department shall be deemed to be
11 included in the list of positions set forth in section 3(d) of
12 the act of August 5, 1941 (P.L.752, No.286), known as the Civil
13 Service Act, and the provisions and benefits of that act shall
14 apply to the employees of and positions in the department.
15 CHAPTER 5
16 RENAMING DEPARTMENT OF ENVIRONMENTAL RESOURCES
17 AND DEFINING RULEMAKING AUTHORITY OF
18 DEPARTMENT OF ENVIRONMENTAL PROTECTION
19 Section 501. Department of Environmental Protection.
20 The Department of Environmental Resources is renamed the
21 Department of Environmental Protection.
22 Section 502. Rulemaking authority.
23 (a) Continuance.--The Environmental Quality Board shall
24 continue to exercise any power to formulate, adopt and
25 promulgate rules and regulations currently vested in the
26 Environmental Quality Board set forth in section 1920-A of the
27 act of April 9, 1929 (P.L.177, No.175), known as The
28 Administrative Code of 1929, except that the Department of
29 Conservation and Natural Resources shall be vested with the
30 power and the duty to promulgate regulations imposed upon the
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1 Department of Forests and Waters, the Secretary of Forests and
2 Waters, the Pennsylvania State Park and Harbor Commission of
3 Erie and the State Forest Commission.
4 (b) Existing rules.--Any rules and regulations provided for
5 in subsection (a) promulgated prior to the effective date of
6 this act shall continue to be the rules and regulations of the
7 Environmental Quality Board until such time as they are modified
8 or repealed by that board.
9 (c) Environmental Quality Board.--The Environmental Quality
10 Board shall have the powers and duties currently vested in the
11 Environmental Quality Board, except as vested in the Department
12 of Conservation and Natural Resources by this act, which powers
13 and duties are more specifically set forth, but not limited by,
14 the following:
15 Sections 1920-A(h) and (i) of the act of April 9, 1929
16 (P.L.177, No.175), known as The Administrative Code of 1929.
17 Sections 1, 5, 8 and 612 of the act of June 22, 1937
18 (P.L.1987, No.394), known as The Clean Streams Law.
19 The act of May 15, 1945 (P.L.547, No.217), known as the
20 Conservation District Law.
21 The act of May 31, 1945 (P.L.1198, No.418), known as the
22 Surface Mining Conservation and Reclamation Act.
23 The act of January 8, 1960 (1959 P.L.2119, No.787), known
24 as the Air Pollution Control Act.
25 Sections 2, 7.2, 8 and 9 of the act of January 24, 1966
26 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage
27 Facilities Act.
28 The act of April 27, 1966 (1st Sp.Sess., P.L.31, No.1),
29 known as The Bituminous Mine Subsidence and Land Conservation
30 Act.
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1 Sections 3.1, 3.2 and 14 of the act of September 24, 1968
2 (P.L.1040, No.318), known as the Coal Refuse Disposal Control
3 Act.
4 Section 6 of the act of July 20, 1974 (P.L.572, No.198),
5 known as the Pennsylvania Solid Waste - Resource Recovery
6 Development Act.
7 Sections 5 and 9 of the act of July 9, 1976 (P.L.931,
8 No.178), referred to as the Coal Mine Emergency Medical
9 Personnel Law.
10 Section 301 of the act of June 23, 1978 (P.L.537, No.93),
11 known as the Seasonal Farm Labor Act.
12 Sections 207 and 302 of the act of October 4, 1978
13 (P.L.851, No.166), known as the Flood Plain Management Act.
14 Sections 14 and 17 of the act of October 4, 1978
15 (P.L.864, No.167), known as the Storm Water Management Act.
16 Sections 5, 7, 10, 11, 17 and 26 of the act of November
17 26, 1978 (P.L.1375, No.325), known as the Dam Safety and
18 Encroachments Act.
19 Sections 4, 5, 6 and 7 of the act of May 13, 1980
20 (P.L.122, No.48), known as the Bluff Recession and Setback
21 Act.
22 Sections 104, 105(a), (b), (c), (e) and (j), 402, 506 and
23 610 of the act of July 7, 1980 (P.L.380, No.97), known as the
24 Solid Waste Management Act.
25 Sections 3 and 4 of the act of May 1, 1984 (P.L.206,
26 No.43), known as the Pennsylvania Safe Drinking Water Act.
27 Section 302 of the act of July 10, 1984 (P.L.688,
28 No.147), known as the Radiation Protection Act.
29 Sections 11, 24 and 25 of the act of December 19, 1984
30 (P.L.1093, No.219), known as the Noncoal Surface Mining
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1 Conservation and Reclamation Act.
2 Sections 201, 215, 216, 603.1 and 604 of the act of
3 December 19, 1984 (P.L.1140, No.223), known as the Oil and
4 Gas Act.
5 Sections 301, 302(a), 304, 305, 314 and 321 of the act of
6 February 9, 1988 (P.L.31, No.12), known as the Low-Level
7 Radioactive Waste Disposal Act.
8 Section 5 of the act of July 6, 1988 (P.L.487, No.82),
9 known as the Abandoned Mine Subsidence Assistance Act.
10 Section 4(b) of the act of July 13, 1988 (P.L.525,
11 No.93), referred to as the Infectious and Chemotherapeutic
12 Waste Law.
13 Sections 302, 1102 and 1512 of the act of July 28, 1988
14 (P.L.556, No.101), known as the Municipal Waste Planning,
15 Recycling and Waste Reduction Act.
16 Sections 303, 501, 504, 510 and 1104 of the act of
17 October 18, 1988 (P.L.756, No.108), known as the Hazardous
18 Sites Cleanup Act.
19 Sections 3 and 4 of the act of July 5, 1989 (P.L.166,
20 No.31), known as the Phosphate Detergent Act.
21 Sections 105, 106, 505, 701 and 1102 of the act of July
22 6, 1989 (P.L.169, No.32), known as the Storage Tank and Spill
23 Prevention Act.
24 Sections 7 and 9 of the act of July 6, 1989 (P.L.207,
25 No.33), known as the Plumbing System Lead Ban and
26 Notification Act.
27 Sections 3 and 5 of the act of May 28, 1992 (P.L.249,
28 No.41), known as the Sewage System Cleaner Control Act.
29 75 Pa.C.S. § 4909 (relating to transporting foodstuffs in
30 vehicles used to transport waste).
19950H1400B2091 - 62 -
1 (d) Rules and regulations.--The Environmental Quality Board
2 shall, in the manner provided by law, promulgate the rules and
3 regulations necessary to carry out this chapter.
4 (e) Environmental Quality Board.--Rulemakings of the
5 Environmental Quality Board that have not been printed in the
6 Pennsylvania Bulletin as final regulations on the effective date
7 of this act shall continue to be rulemakings of the
8 Environmental Quality Board and shall not be required to meet
9 the requirements of the act of July 31, 1968 (P.L.769, No.240),
10 referred to as the Commonwealth Documents Law, the act of
11 October 15, 1980 (P.L.950, No.164), known as the Commonwealth
12 Attorneys Act, or the act of June 25, 1982 (P.L.633, No.181),
13 known as the Regulatory Review Act, which were met prior to the
14 effective date of this act.
15 Section 503. Continued authority of Department of Environmental
16 Protection, State Conservation Commission and
17 Department of Agriculture.
18 (a) Powers and duties.--The Department of Environmental
19 Protection shall continue to exercise the same powers and
20 perform the same duties and functions by law vested in and
21 imposed upon the Department of Environmental Resources not
22 otherwise amended or transferred by this act to the Department
23 of Conservation and Natural Resources.
24 (b) Administrative officers.--All appointive administrative
25 officers holding office in the Department of Environmental
26 Resources when this act becomes effective shall continue in
27 office in the Department of Environmental Protection until the
28 term for which they were respectively appointed shall expire or
29 until they shall die, resign or be removed from office.
30 (c) Sand and gravel permits.--Section 1808(d) of the act of
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1 April 9, 1929 (P.L.177, No.175), known as The Administrative
2 Code of 1929, is saved from repeal and the Department of
3 Environmental Protection and Pennsylvania Fish and Boat
4 Commission shall continue to exercise the rights, powers and
5 duties thereof, provided that the Pennsylvania Fish and Boat
6 Commission may, by regulation, with the concurrence of the
7 Department of Environmental Protection, adjust the amount of the
8 royalty payments per ton or cubic foot of usable and/or
9 merchantable sand and/or gravel.
10 (d) State Conservation Commission.--The State Conservation
11 Commission established under the act of May 15, 1945 (P.L.547,
12 No.217), known as the Conservation District Law, shall continue
13 to have all the powers and duties assigned under that act and
14 all the powers and duties assigned under the act of May 20, 1993
15 (P.L.12, No.6), known as the Nutrient Management Act, except as
16 modified below. The following provisions are intended to modify
17 the authority and responsibilities of the State Conservation
18 Commission and the Department of Environmental Protection and
19 the Department of Agriculture:
20 (1) The chairmanship of the State Conservation
21 Commission shall rotate on an annual basis between the
22 Secretary of Agriculture and the Secretary of Environmental
23 Protection with the Secretary of Agriculture chairing the
24 State Conservation Commission for the first annual rotation
25 beginning July 1, 1995.
26 (2) The State Conservation Commission by a majority vote
27 shall select and employ an independent executive secretary to
28 act as staff to the State Conservation Commission who is not
29 supervised by either the Department of Environmental
30 Protection or the Department of Agriculture. The State
19950H1400B2091 - 64 -
1 Conservation Commission is authorized to assign the executive
2 secretary duties and responsibilities as required to fulfill
3 its obligations under State law to develop, implement and
4 enforce conservation programs, including the Nutrient
5 Management Act.
6 (3) To enhance the ability of the State Conservation
7 Commission to accomplish its obligations, the Secretary of
8 Agriculture shall designate an office and staff within that
9 agency to coordinate and assist in the development,
10 implementation and enforcement of programs adopted by the
11 State Conservation Commission that solely affect production
12 agriculture. The office and staff designated by the Secretary
13 of Agriculture shall be an advocate for production
14 agriculture in the development of programs by the State
15 Conservation Commission, assist in developing methods of
16 managing excess manure in an environmentally sound manner,
17 develop programs to assist those engaged in production
18 agriculture to comply with the Nutrient Management Act and
19 act as an ombudsman to help resolve issues related to county
20 conservation district implementation of State Conservation
21 Commission programs solely affecting production agriculture.
22 (4) The Secretary of Environmental Protection shall
23 designate an office and staff within the agency to coordinate
24 and assist in the development, implementation and enforcement
25 of programs adopted by the State Conservation Commission
26 which are intended, in whole or in part, to protect surface
27 or ground water.
28 (5) The State Conservation Commission shall be
29 responsible for taking enforcement actions under the Nutrient
30 Management Act. In the exercise of its enforcement authority,
19950H1400B2091 - 65 -
1 the State Conservation Commission shall be assisted by the
2 staff of the Department of Environmental Protection for
3 actions resulting in violations of the act of June 22, 1937
4 (P.L.1987, No.394), known as The Clean Streams Law, and shall
5 be assisted by the Department of Agriculture for all other
6 violations.
7 Section 504. Energy programs.
8 (a) Building Energy Conservation Act.--The Department of
9 Environmental Protection has the powers and duties previously
10 vested in the Governor's Energy Council by the act of December
11 15, 1980 (P.L.1203, No.222), known as the Building Energy
12 Conservation Act.
13 (b) Energy Conservation and Assistance Act.--The Department
14 of Environmental Protection has the powers and duties previously
15 vested in the Governor's Energy Council by the act of July 10,
16 1986 (P.L.1398, No.122), known as the Energy Conservation and
17 Assistance Act.
18 (c) Alternative fuels.--The Department of Environmental
19 Protection has the powers and duties previously vested in the
20 Pennsylvania Energy Office by 75 Pa.C.S. Ch. 72 (relating to
21 alternative fuels).
22 (d) Other powers and duties transferred.--Any reference to
23 the Pennsylvania Energy Office in any other act shall be
24 interpreted to mean the Department of Environmental Protection,
25 and any such powers and duties in such acts and other functions
26 currently performed or administered by the Pennsylvania Energy
27 Office are hereby transferred to the Department of Environmental
28 Protection.
29 Section 505. Department of Health.
30 Notwithstanding any other provisions of this act, the
19950H1400B2091 - 66 -
1 Department of Health shall exercise the powers and duties and
2 perform the duties by law heretofore vested in and imposed upon
3 the Department of Environmental Resources as follows:
4 (1) The control of nuisances from grounds, vehicles, <--
5 apartments, buildings and places within this Commonwealth, to
6 the sanitary condition of tenements, lodging and boarding
7 houses, to management of the sanitary affairs of this
8 Commonwealth, the issuance of waterworks permits and to the
9 control of water pollution.
10 (1) THE CONTROL OF NUISANCES ARISING FROM THE SANITARY <--
11 CONDITION OF TENEMENTS, LODGING AND BOARDING HOUSES AND
12 MANAGEMENT OF THE SANITARY AFFAIRS OF THIS COMMONWEALTH
13 RELATING TO TENEMENTS, LODGING AND BOARDING HOUSES, ORGANIZED
14 CAMPS AND PUBLIC BATHING PLACES.
15 (2) The act of November 10, 1959 (P.L.1400, No.497),
16 entitled "An act providing for the annual registration of
17 organized camps for children, youth and adults; defining the
18 duties of the Department of Health of the Commonwealth of
19 Pennsylvania; and prescribing penalties."
20 (3) The act of June 23, 1931 (P.L.899, No.299), known as
21 the Public Bathing Law. As to the Public Bathing Law, the
22 Department of Health shall have the authority to promulgate
23 rules and regulations to protect the public health and safety
24 at all public places.
25 Section 506. Department of Agriculture.
26 Notwithstanding any other provisions of this act, the
27 Department of Agriculture shall exercise the powers and duties
28 and perform the duties by law heretofore vested in and imposed
29 upon the Department of Environmental Resources under the act of
30 June 23, 1978 (P.L.537, No.93), known as the Seasonal Farm Labor
19950H1400B2091 - 67 -
1 Act.
2 Section 507. Transfer of funds.
3 The administration of the following funds or portions of
4 funds, as may be administered by the Pennsylvania Energy Office,
5 shall be transferred from the Pennsylvania Energy Office to the
6 Department of Environmental Protection:
7 (1) Energy Conservation and Assistance Fund.
8 (2) Alternative Fuels Incentive Grant Fund.
9 (3) All other funds or portions of funds currently
10 administered by the Pennsylvania Energy Office.
11 Section 508. Regulations.
12 Any regulations, guidelines or statements of policy issued by
13 the Pennsylvania Energy Office for the functions transferred to
14 the Department of Environmental Protection shall remain in
15 effect until such time as the Department of Environmental
16 Protection shall determine the need to amend such regulations,
17 guidelines or statements of policy.
18 Section 509. Transfer of personnel.
19 (a) General rule.--Certain personnel, allocations,
20 appropriations, fixed assets, equipment, files, records,
21 contracts, agreements, obligations and all other materials and
22 supplies which are used, employed or expended by the
23 Pennsylvania Energy Office in connection with the functions
24 transferred by this act to the Department of Environmental
25 Protection in the first instance shall be transferred from the
26 Pennsylvania Energy Office to the Department of Environmental
27 Protection, and shall be considered as if these contracts,
28 agreements and obligations had been incurred or entered into by
29 the Department of Environmental Protection.
30 (b) Federal programs.--The items transferred by this section
19950H1400B2091 - 68 -
1 shall include, where applicable, Federal grants and funds and
2 other benefits from any Federal program.
3 (c) Civil service status.--All personnel transferred under
4 this act shall retain any civil service employment status
5 assigned to said personnel. THOSE EMPLOYEES TRANSFERRED PURSUANT <--
6 TO THIS ACT WHO DO NOT HAVE CIVIL SERVICE STATUS AND WHO HAVE
7 SIX MONTHS OF SERVICE OR LESS IN THEIR PRESENT CLASSIFICATION ON
8 THE EFFECTIVE DATE OF THIS ACT ARE HEREBY GRANTED PROBATIONARY
9 STATUS WITHOUT EXAMINATION. THOSE EMPLOYEES TRANSFERRED PURSUANT
10 TO THIS ACT WHO DO NOT HAVE CIVIL SERVICE STATUS AND WHO HAVE
11 MORE THAN SIX MONTHS OF SERVICE IN THEIR PRESENT CLASSIFICATION
12 ARE HEREBY GRANTED REGULAR CIVIL SERVICE STATUS.
13 CHAPTER 11
14 GENERAL PROVISIONS
15 Section 1101. Savings provision.
16 (a) Matters transferred to Department of Conservation and
17 Natural Resources.--All orders, permits, regulations, decisions
18 and other actions of the Department of Environmental Resources
19 related to the functions transferred to the Department of
20 Conservation and Natural Resources shall remain in full force
21 and effect until modified, repealed, suspended, superseded or
22 otherwise changed by appropriate action of the Department of
23 Conservation and Natural Resources.
24 (b) Matters remaining with Department of Environmental
25 Protection.--All other orders, permits, regulations, decisions
26 and other actions of the Department of Environmental Resources
27 shall remain in full force and effect until modified, repealed,
28 suspended, superseded or otherwise changed by appropriate action
29 of the Department of Environmental Protection.
30 (c) Construction.--The provisions of this act, insofar as
19950H1400B2091 - 69 -
1 they are the same as those of existing laws, shall be construed
2 as a continuation of these laws and not as new enactments.
3 Section 1102. Repeals.
4 (a) Absolute.--The following acts and parts of acts are
5 repealed:
6 Sections 1902-A, 1903-A, 1906-A, 1907-A, 1908-A(2), 1910-A,
7 1911-A, 1912-A, 1913-A, 1914-A, 1924-A and 1926-A of the act of
8 April 9, 1929 (P.L.177, No.175), known as The Administrative
9 Code of 1929.
10 The act of December 17, 1981 (P.L.472, No.136), entitled "An
11 act authorizing the Secretary of Environmental Resources to
12 establish a Volunteers in State Parks and Forests Program and
13 for other purposes."
14 (b) General.--All other acts and parts of acts are repealed
15 insofar as they are inconsistent with this act.
16 Section 1103. Effective date.
17 This act shall take effect July 1, 1995.
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