PRINTER'S NO. 1278
No. 1020 Session of 2007
INTRODUCED BY WONDERLING, BRUBAKER, WAUGH, O'PAKE, BOSCOLA, PUNT, CORMAN, MADIGAN, MUSTO, EARLL, FERLO, BROWNE AND FOLMER, JULY 3, 2007
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JULY 3, 2007
AN ACT 1 Amending the act of May 15, 1945 (P.L.547, No.217), entitled, as 2 amended, "An act relating to the conservation of soil, water 3 and related natural resources and land use practices 4 contributing to soil wastage and soil erosion; providing for 5 the organization of the various counties into conservation 6 districts; the appointment of their officers and employes; 7 and prescribing their powers and duties; creating the State 8 Conservation Commission in the Department of Environmental 9 Resources and fixing its powers and duties relative to the 10 administration of this act; providing financial and legal 11 assistance to such conservation districts and the commission; 12 and authorizing county governing bodies to make 13 appropriations thereto; providing for disposition and 14 operation of existing districts; and repealing existing 15 laws," further providing for declaration of policy, for the 16 State Conservation Commission, for creation of conservation 17 districts, for designation of district directors, for 18 appointment, qualifications, compensation and tenure of 19 directors, for organization of directors, for powers of 20 districts and directors, for Commonwealth agencies to 21 cooperate and for discontinuation of districts; and making a 22 repeal. 23 The General Assembly of the Commonwealth of Pennsylvania 24 hereby enacts as follows: 25 Section 1. Section 2 of the act of May 15, 1945 (P.L.547, 26 No.217), known as the Conservation District Law, reenacted and 27 amended December 19, 1984 (P.L.1125, No.221), is amended to
1 read: 2 Section 2. Declaration of Policy.--It is hereby declared to 3 be the policy of the Commonwealth [to]: 4 (1) To provide for the conservation of the soil, water and 5 related resources of this Commonwealth, and for the control and 6 prevention of soil erosion, and thereby to preserve natural 7 resources; assist in the control of floods; assist in developing 8 and implementing plans for storm water management; prevent 9 impairment of dams and reservoirs; assist in maintaining the 10 navigability of rivers and harbors; protect air quality; 11 preserve wildlife; preserve the tax base; protect public lands; 12 and protect and promote the health, safety and general welfare 13 of the people of the Commonwealth. 14 (2) To designate conservation districts as the primary local 15 government unit responsible for the conservation of natural 16 resources in this Commonwealth and to be responsible for 17 implementing programs, projects and activities to quantify, 18 prevent and control non-point sources of pollution. 19 (3) To authorize and encourage conservation districts to 20 work in close cooperation with landowners and occupiers, 21 agencies of Federal and State government, other local and county 22 government units and other entities identified and approved by 23 the commission for the purposes of effectuating programs and 24 policies under this act. 25 Section 2. Section 3(m) of the act is amended to read: 26 Section 3. Definitions.--Wherever used or referred to in 27 this act unless a different meaning clearly appears from the 28 context: 29 * * * 30 (m) "Department" means the Department of Environmental 20070S1020B1278 - 2 -
1 [Resources] Protection. 2 Section 3. Section 4 of the act, amended April 30, 1986 3 (P.L.128, No.39), is amended to read: 4 Section 4. State Conservation Commission.--(1) There is 5 hereby created [in the department] the State Conservation 6 Commission, which shall be a departmental administrative 7 commission under the concurrent authority of the department and 8 the Department of Agriculture, with all the powers and duties 9 generally vested in, and imposed upon, such commissions by the 10 act of April 9, 1929 (P.L.177, No.175), known as "The 11 Administrative Code of 1929." 12 (a) The commission shall be administratively housed within 13 the Department of Agriculture and shall be staffed and supported 14 by both the department and the Department of Agriculture. 15 (b) In order for the commission to fulfill its duties and 16 responsibilities and exercise its authority under this act, an 17 agreement shall be executed between the Department of 18 Agriculture, the department and the commission which: 19 (i) Specifically defines and delineates the role and 20 responsibility of each agency in assisting the commission in 21 fulfilling its duties. 22 (ii) Identifies staff and other resources each agency shall 23 assign to the commission to fulfill the responsibilities 24 identified in paragraph (i). 25 (iii) Specifies the compensation, if any, the commission or 26 any local conservation district shall receive for performing 27 duties delegated to them by either agency. 28 (c) In order for the commission to fulfill its duties and 29 responsibilities and exercise its authority under this act, the 30 commission, the department and the Department of Agriculture: 20070S1020B1278 - 3 -
1 (i) May establish joint offices in order to facilitate 2 cooperation and coordination of work and to eliminate 3 overlapping functions. 4 (ii) Shall cooperate with each other in the use of employes, 5 land, buildings, quarters, facilities and equipment. 6 (iii) Shall establish a single point of contact for the 7 support, funding, administration and oversight of conservation 8 districts, directors and staff, and other cooperating 9 organizations and individuals. 10 (d) Upon request of the commission, for the purpose of 11 carrying out any of its functions, any agency of the 12 Commonwealth and The Pennsylvania State University may assign or 13 detail members of their staff or personnel to the commission to 14 provide services and support and may make such special reports, 15 surveys or studies as the commission may request. 16 (e) The commission shall consist of the Secretary of 17 Environmental [Resources, who shall be the chairman,] Protection 18 or a designee, the Secretary of Agriculture of Pennsylvania or a 19 designee, the Dean of the College of Agriculture of The 20 Pennsylvania State University and four farmer members, who shall 21 be farmers, to be appointed by the Governor with the advice and 22 consent of a majority of the members elected to the Senate. In 23 appointing farmer members, the Governor shall consider nominees 24 submitted by the associations known as the "Pennsylvania State 25 Council of Farm Organizations," and the "Pennsylvania 26 Association of Conservation [District Directors, Inc."] 27 Districts, Inc.," or their successor organizations. Each 28 association shall nominate one candidate for each farmer member 29 vacancy. Two public members who shall not be farmers shall also 30 be appointed to the commission by the Governor with the advice 20070S1020B1278 - 4 -
1 and consent of a majority of the members elected to the Senate. 2 The State Conservationist of the [Soil Conservation Service,] 3 Natural Resources Conservation Service of the United States 4 Department of Agriculture [and], the Associate Director of the 5 Cooperative Extension Service of The Pennsylvania State 6 University, the President of the Pennsylvania Association of 7 Conservation Districts, Inc., the Secretary of Conservation and 8 Natural Resources or a designee and the Secretary of Community 9 and Economic Development or a designee shall be associate, non- 10 voting members of the commission. 11 (f) The commission may appoint other associate, non-voting 12 members who may be selected and removed with a two-thirds vote 13 of the voting members. 14 (g) The chairmanship of the commission shall rotate on an 15 annual basis between the Secretary of Agriculture and the 16 Secretary of Environmental Protection with the Secretary of 17 Agriculture chairing the first annual rotation beginning July 1, 18 2007. 19 (h) The commission shall keep a record of its official 20 actions, and may perform such acts and promulgate such policies, 21 procedures, performance standards, guidelines, rules and 22 regulations as may be necessary. [The department shall assign 23 such personnel as needed for the execution of the commission's 24 function under this act.] 25 (i) The commission by a majority of its voting members shall 26 select and employ an independent executive secretary to serve 27 and report to the commission. The executive secretary shall not 28 be supervised by the Department of Agriculture, the department 29 or any other voting member entity. The commission shall assign 30 the executive secretary duties and responsibilities as required 20070S1020B1278 - 5 -
1 to fulfill its obligations under this act. 2 (j) A majority of the voting members shall constitute a 3 quorum and all decisions of the commission shall require a 4 concurrence of the voting members of the commission. 5 (k) At the last regular meeting of the commission in the 6 calendar year, a vice-chairperson shall be elected by the 7 members of the commission and shall serve in that capacity for 8 the ensuing year. 9 (l) The farmer and public members of the commission shall be 10 appointed for a period of four years and shall hold office until 11 their successors have been appointed and have qualified, but no 12 longer than six months beyond the four-year period. The four 13 farmer members' terms shall be so staggered that no more than 14 one member's term shall expire each year while the two public 15 members' terms shall be so staggered that no more than one 16 member's term shall expire every second year. At the expiration 17 of their terms of office, or in the event of vacancies through 18 death, resignation or otherwise, new farmer or public members 19 shall be appointed to fill the unexpired terms of the members 20 they are replacing. All farmer and public members of the 21 commission shall be entitled to one hundred fifty dollars ($150) 22 per diem adjusted every four years for inflation plus 23 reimbursement for reasonable traveling, lodging and other 24 necessary expenses incurred in the discharge of their duties in 25 accordance with Commonwealth regulations. 26 (m) The commission shall provide for the keeping of a full 27 and accurate record of all proceedings and of all resolutions, 28 regulations and orders issued or adopted. 29 (n) An appointed member of the commission who fails to 30 attend three consecutive meetings without cause shall forfeit 20070S1020B1278 - 6 -
1 his seat unless the chairperson of the commission, upon written 2 request from the member, finds that the member should be excused 3 from a meeting. The Governor may also remove an appointed member 4 of the commission for malfeasance or misfeasance. 5 (2) At the request of the [State Conservation Commission] 6 commission, the Attorney General and/or Office of General 7 Counsel of the Commonwealth will provide such services as the 8 [State Conservation Commission] commission may require. With 9 respect to any program delegated [by the department] by any 10 department of the Commonwealth to a conservation district 11 pursuant to section 11(2), at the request of the [State 12 Conservation Commission] commission, the Attorney General and/or 13 Office of General Counsel will provide such services as the 14 conservation district may require. With respect to the 15 performance of any duties or functions delegated to a 16 conservation district by [the] any department of the 17 Commonwealth pursuant to section 11(2), the Commonwealth will 18 defend and indemnify district directors [and], associate 19 directors and district employes to the same extent as it defends 20 and indemnifies Commonwealth employes, and such directors [and], 21 associate directors and employes shall have all immunities 22 afforded by law to Commonwealth employes. 23 (3) The commission shall have authority to delegate to its 24 chairperson, to one or more of its members, or to one or more 25 agents or employes, such powers and duties as it may deem 26 proper. Upon request of the commission, for the purpose of 27 carrying out any of its functions, any agency of the 28 Commonwealth and The Pennsylvania State University may assign or 29 detail members of the staff or personnel to the commission, and 30 may make such special reports, surveys or studies or provide 20070S1020B1278 - 7 -
1 services as the commission may request.
2 [(4) The farmer and public members of the commission shall
3 be appointed for a period of four years and shall hold office
4 until their successors have been appointed and have qualified,
5 but no longer than six months beyond the four-year period. The
6 four farmer members' terms shall be so staggered that no more
7 than one member's term shall expire each year while the two
8 public members' terms shall be so staggered that no more than
9 one member's term shall expire every second year. At the
10 expiration of their terms of office, or in the event of
11 vacancies through death, resignation or otherwise, new farmer or
12 public members shall be appointed to fill the unexpired term of
13 the members they are replacing. A majority of the commission
14 shall constitute a quorum and all decisions shall require the
15 concurrence of a majority of the commission. All farmer and
16 public members of the commission shall be entitled to sixty
17 dollars ($60) per diem plus reimbursement for reasonable
18 traveling, lodging and other necessary expenses incurred in the
19 discharge of their duties in accordance with Commonwealth
20 regulations. The commission shall provide for the execution of
21 surety bonds for all employes and officers who shall be
22 entrusted with funds or property of the commission and shall
23 provide for the keeping of a full and accurate record of all
24 proceedings and of all resolutions, regulations and orders
25 issued or adopted. A farmer or public member of the commission
26 who fails to attend three consecutive meetings shall forfeit his
27 seat unless the Secretary of Environmental Resources, upon
28 written request from the member, finds that the member should be
29 excused from a meeting because of illness or the death of a
30 family member.]
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1 (5) In addition to the duties and powers herein conferred 2 upon the commission, it shall have the following duties and 3 powers: 4 (a) To offer such training, assistance and certification as 5 may be appropriate to the directors, staff and volunteers of 6 conservation districts; 7 (b) To keep the directors of each of the districts generally 8 informed of activities and experience useful to other districts; 9 (c) To approve and coordinate the programs of the 10 conservation districts or projects; to apportion among the 11 several districts or to any agency of the Commonwealth, the 12 United States or cooperating organizations any funds allotted 13 from State, Federal or other sources; [and] to be responsible 14 for the expenditures of such funds by the districts; and to 15 establish standards for conservation district audits; 16 (d) To secure the cooperation and assistance of any 17 governmental agency and to be the agency through which 18 government aid in land and water management and conservation of 19 related resources can be extended to private lands; 20 (e) To disseminate information concerning the activities and 21 programs of the conservation districts and to encourage the 22 formation of such districts in areas where their organization is 23 desirable; 24 (f) To accept contributions of money, services or materials 25 to carry on land and water management and conservation of 26 related resources under the provisions of this act; 27 (g) To designate the organizations within the county that 28 may act in nominating persons for appointment as directors, as 29 provided in section 6 of this act. Such designations may be 30 changed from time to time as conditions may warrant; 20070S1020B1278 - 9 -
1 (h) To approve applications for projects and recommend 2 priorities for planning for watershed applications under the 3 Watershed Protection and Flood Prevention Act, U. S. Public Law 4 566 of 1954, as amended; 5 (i) To approve applications for projects and recommend 6 priorities for planning for applications under the Resource and 7 Conservation and Development Program authorized by Public Law 8 87-703, the Food and Agriculture Act of 1962, as amended; 9 (j) To approve applications and recommend priorities for 10 other Federal programs requiring State Conservation Commission 11 participation; 12 (k) To provide assistance through conservation districts to 13 environmental advisory councils created by municipalities 14 pursuant to the act of December 21, 1973 (P.L.425, No.148), 15 referred to as the Municipal Environmental Advisory Council Law. 16 (l) To approve the delegation of and contracting for certain 17 functions and powers to districts and to monitor district 18 activities in response to delegated functions and powers 19 otherwise accepted by or contracted to districts. 20 (6) The commission shall have the power to receive such 21 funds as appropriated, given, granted or donated to it, or to 22 the program provided for in this act by the Federal Government, 23 the Commonwealth or any other governmental or private agency or 24 person, and shall use such funds for the carrying out of the 25 provisions of this act. The commission may allocate such funds, 26 or parts thereof, to the conservation districts or to any agency 27 of this Commonwealth, the United States, or cooperating 28 organization. Funds so allocated shall be apportioned in an 29 equitable and just manner at the discretion of the commission, 30 but the decision of the commission shall be final. 20070S1020B1278 - 10 -
1 (7) The commission shall have the power to administer grant 2 and loan programs for landowners to implement non-point source 3 best management practices on their properties. 4 Section 4. Section 5 of the act is amended to read: 5 Section 5. Creation of Conservation Districts.--(1) When 6 the county governing body determines, in the manner hereinafter 7 provided, that conservation of soil and water, and related 8 resources and control and prevention of accelerated soil erosion 9 are problems of public concern in the county, and that a 10 substantial proportion of the [rural] land owners of the county 11 favor such a resolution, it shall be lawful for the said county 12 governing body, by a resolution adopted at any regular or 13 special meeting [of the board], to declare the county to be a 14 conservation district, for the purpose of effectuating the 15 legislative policy announced in section 2. These determinations 16 may be made through petitions, hearings, referenda or by any 17 other means which the county governing body deems appropriate. 18 (2) Such a district, upon its creation, shall constitute a 19 public body corporate and politic exercising public powers of 20 the Commonwealth as an agency thereof. 21 (3) All soil conservation districts and soil and water 22 conservation districts created in the past under the provisions 23 of this act shall henceforth be named conservation districts. 24 Section 5. Sections 6 and 7 of the act, amended April 30, 25 1986 (P.L.128, No.39), are amended to read: 26 Section 6. Designation of District Directors.--(1) When a 27 county has been declared a conservation district, a board of 28 directors, consisting of seven members, shall be appointed by 29 the county governing body. This board of directors shall consist 30 of one member of the county governing body, not more than four 20070S1020B1278 - 11 -
1 or less than two farmers, and not less than two or more than 2 four public members who shall not be farmers. The commission may 3 waive the requirement for two farmer members in first, second 4 and second class-A counties upon the request of the conservation 5 district and the county governing body consistent with section 6 6(1) and approved by the commission. The total number of 7 directors shall always be seven, unless the [State Conservation 8 Commission] commission, upon request of the district and the 9 county governing body, approves a lesser or greater number in 10 unusual or extenuating circumstances but in no case shall the 11 number be less than five nor more than nine. The composition of 12 the board shall be determined by the county governing body and 13 approved by the [State Conservation Commission] commission 14 before such change shall become effective; the farmer and public 15 members to be appointed shall be selected from a list containing 16 at least [double the number of directors] one eligible nominee 17 for each director to be appointed, and such list is to be 18 [submitted by each of the organizations within the county 19 designated by the State Conservation Commission.] composed of 20 eligible nominations submitted in writing by a qualified officer 21 of the organizations designated by the commission. Upon receipt 22 of notice from the [State Conservation Commission] commission of 23 the organizations to be entitled to make such nominations, and 24 having secured nomination lists, the county governing body shall 25 appoint the proper number of directors. The composition of the 26 board shall be determined by the county governing body and 27 approved by the commission before such change becomes effective. 28 (2) The district board may appoint associate directors 29 without voting power [to carry out the district's business at 30 the discretion of the district board]. 20070S1020B1278 - 12 -
1 Section 7. Appointment; Qualifications; Compensation; and 2 Tenure of Directors.--(1) The director appointed from the 3 county governing body shall be appointed annually by the county 4 governing body. A county governing body may require that a 5 director of the conservation district be a resident of the 6 county. The term of office for farmer and public directors will 7 be four years, except that directors shall be appointed so that 8 no more than three directors' terms shall expire in any one 9 year, unless a conservation district board is comprised of more 10 than seven directors as provided for in section 7. A director 11 shall hold office until a successor has been appointed and has 12 qualified. Vacancies shall be filled for the unexpired terms. 13 Successors to fill unexpired terms or for full terms shall be 14 appointed by the county governing body from a list containing at 15 least [double the number of directors] one eligible nominee for 16 each director to be appointed, and such list [to] shall be 17 composed of eligible nominations submitted in writing by a 18 qualified officer of each of the organizations designated by the 19 [State Conservation Commission.] commission. The names and 20 contact information, including home addresses of all directors, 21 shall be provided to the commission by the county governing body 22 within thirty days of their appointment. The final list of 23 nominations shall be placed on file by the county governing body 24 and shall be open to public inspection. In filling unexpired 25 terms, the county governing body may make appointments from any 26 list prepared in the above manner that has been compiled within 27 the twelve months preceding such appointments. 28 (2) The director appointed from the county governing body 29 shall receive no additional compensation but shall receive 30 traveling expenses as allowed as a member of the county 20070S1020B1278 - 13 -
1 governing body. The other members of the board of directors 2 shall serve without pay, unless, at the district's request, the 3 [State Conservation Commission] commission approves the 4 district's request to pay directors for services rendered on 5 specific projects at a rate approved by the commission. The 6 directors may be paid a per diem and may be reimbursed for 7 actual and necessary expenses incurred while engaged in the 8 performance of their official duties, provided funds are made 9 available by the county governing body or by the [State 10 Conservation Commission] commission for such purpose, and under 11 such terms and conditions as [the county governing body or the 12 commission, whichever has provided the funds, shall determine] 13 established by the commission. 14 Section 6. Section 8 of the act is amended by adding a 15 paragraph to read: 16 Section 8. Organization of Directors.--* * * 17 (5) The county governing body may remove a district director 18 from the district board for malfeasance or misfeasance. The 19 commission shall establish guidelines, policies and procedures 20 for the removal of a district director. 21 Section 7. Sections 9, 11 and 12(2) of the act are amended 22 to read: 23 Section 9. Powers of Districts and Directors.--The directors 24 of a district shall have the following powers in addition to 25 those granted in other sections of this act: 26 (1) To conduct surveys, investigations and research relating 27 to the character of soil erosion and the preventive control 28 measures needed and to publish the results of such surveys, 29 investigation or research, and disseminate information 30 concerning such preventive and control measures after securing 20070S1020B1278 - 14 -
1 approval from the [State Conservation Commission: Provided, 2 however, That in order to avoid duplication of research 3 activities no district shall initiate any research program 4 except in cooperation with The Pennsylvania State University 5 College of Agriculture or any agency approved by the State 6 Conservation Commission;] commission and to provide notification 7 and documentation to the commission to avoid duplication of 8 existing work; 9 (2) To employ the necessary personnel to properly conduct 10 the operations of the district and provide adequate and 11 necessary insurance coverage for directors and employes, and 12 appropriate fringe benefits for employes, provided funds are 13 available for such purposes; 14 (3) To carry out preventive and control measures within the 15 district, including but not limited to, engineering operations, 16 methods of cultivation, the growing of vegetation, changes in 17 use of land and drainage operations on lands owned or controlled 18 by this Commonwealth or any of its agencies with the consent and 19 cooperation of the agency administering and having jurisdiction 20 thereof, and on any other lands within the district upon 21 obtaining the written consent of the owner and occupier of such 22 lands or the necessary rights or interests in such lands; 23 (4) To cooperate or enter into agreements with, and to 24 furnish financial or other aid to, any agency, governmental or 25 otherwise, or any occupier of lands within the district in 26 carrying on erosion and sediment control and prevention 27 operations and other best management practices, [including 28 ditching and draining operations] for effective conservation and 29 utilization of the lands within the district, subject to such 30 conditions as the directors may deem necessary to advance the 20070S1020B1278 - 15 -
1 purposes of this act: Provided, however, That such agreements 2 are within the limits of available funds or within 3 appropriations made available to it by law; 4 (5) To obtain options upon, and to acquire by purchase, 5 exchange, lease, gift, grant, bequest, devise or otherwise, any 6 property real or personal or right or interests therein; to 7 maintain, administer and improve any properties acquired; to 8 receive income from such properties and to expend such income in 9 carrying out the purposes and provisions of this act; [and] to 10 sell, lease or otherwise dispose of any of its property or 11 interests therein; and to borrow and invest money and to apply 12 for, receive and use low-interest loans in furtherance of the 13 purposes and the provisions of this act; 14 (6) To make available on such terms as it shall prescribe to 15 land occupiers within the district, agricultural and engineering 16 machinery and equipment; fertilizer, seeds and seedlings and 17 such other material or equipment as will assist such land 18 occupiers to carry on operations upon their lands for the 19 effective conservation and utilization of soil resources; and 20 for the prevention and control of soil erosion; 21 (7) To construct, improve and maintain such structures as 22 may be necessary or convenient for the performance of any of the 23 operations authorized in this act; 24 (8) To assist and advise owners and occupiers of land in 25 developing and/or implementing plans for storm water management, 26 water use, water management and water pollution control, soil 27 erosion control and conservation of water and soil resources, 28 including recommended engineering practices, cultivation 29 methods, cropping programs, tillage practices and changes of 30 land use; 20070S1020B1278 - 16 -
1 (9) To assist and advise county and municipal governments in 2 subdivision and land development reviews, developing and 3 implementing storm water management plans and programs and in 4 administering programs for flood control, flood plain 5 management, water use, water management and water pollution 6 control and other natural resource concerns; 7 (9.1) To engage in any of the following activities: wetland 8 construction and maintenance; reclamation of mine lands; 9 reclamation of soil erosion; water management; management of 10 parks, trails and related facilities; management of forest lands 11 and roads; road maintenance; odor management and air quality; 12 development of alternative energy resources; or any other 13 natural resource program approved by the commission; 14 (10) To conduct educational programs relating to [soil and 15 water conservation] any natural resource program approved by the 16 conservation district and to publish related educational 17 materials [relating to soil and water conservation]; 18 (11) To accept, upon approval by the [State Conservation 19 Commission] commission, any authority delegated by municipal or 20 county governments, the Commonwealth or Federal Government; 21 (12) To sue and be sued in the name of the district; to have 22 perpetual succession unless terminated as hereinafter provided; 23 to make policies and procedures necessary or convenient to the 24 exercise of its powers and to make and execute contracts and 25 other instruments necessary or convenient to the exercise of its 26 powers; to make, and from time to time amend and repeal, rules 27 and regulations not inconsistent with this act to carry into 28 effect its purposes and powers; 29 (13) As a condition to extending any benefits under this 30 act, or to the performance of work upon any lands not owned or 20070S1020B1278 - 17 -
1 controlled by the Commonwealth or any of its agencies, the board 2 of directors may require contributions in money, services, 3 materials or otherwise to any operations conferring such 4 benefits [and]. The conservation district may require land 5 occupiers to enter into and perform such agreements or covenants 6 as to the long term use of such lands as will tend to prevent or 7 control accelerated erosion thereon or to further any other 8 provision of this act. The district may contract with State and 9 local agencies for payment for services rendered; 10 (14) No provisions with respect to the acquisition, 11 operation or disposition of property by other public bodies 12 shall be applicable to a district organized hereunder unless the 13 Legislature shall specifically so state; 14 (15) To accept contributions of any character from any 15 source whatsoever, but only by and with the consent and approval 16 of the [State Conservation Commission] commission, unless the 17 funding is from [other governmental agencies] the Federal, State 18 or local government or unless specifically authorized so to do 19 by this act; 20 (16) To sponsor projects under the Watershed Protection and 21 Flood Prevention Act, U.S. Public Law 566 of 1954, as amended, 22 and the Resource and Conservation and Development Program 23 authorized by Public Law 87-703, the Food and Agriculture Act of 24 1962, as amended; 25 (17) To enter public or private property to make such 26 inspections as are necessary to determine compliance with the 27 act of June 22, 1937 (P.L.1987, No.394), known as "The Clean 28 Streams Law"; the act of November 26, 1978 (P.L.1375, No.325), 29 known as the "Dam Safety and Encroachments Act," and any rules, 30 regulations, permits or orders issued thereunder, to the extent 20070S1020B1278 - 18 -
1 that such inspection authority has been delegated to a district
2 by the department;
3 (18) To establish a program of assistance to environmental
4 advisory councils which may include, but not be limited to,
5 educational services, exchange of information or assignment of
6 administrative and/or technical personnel; and
7 (19) No agent or employe of a conservation district or other
8 Commonwealth agency or political subdivision engaged in the
9 planning, design, construction or regulatory review of soil and
10 water conservation projects and practices under the authority of
11 this act, "The Clean Streams Law," or delegations pursuant to
12 paragraph (2) of section 11 of this act shall be considered to
13 be engaged in the practice of landscape architecture.
14 Section 11. Commonwealth Agencies to Cooperate.--(1)
15 Agencies of this Commonwealth [which have jurisdiction over or
16 are charged with the administration of Commonwealth highways, or
17 any Commonwealth-owned lands] and agencies of any county or
18 other governmental subdivision of the Commonwealth[, which have
19 jurisdiction over or are charged with the administration of any
20 county-owned or other publicly owned lands lying within the
21 boundaries of any district organized hereunder,] may cooperate
22 with the directors of such districts in the effectuation of
23 programs and operations undertaken by the board of directors
24 under the provisions of this act.
25 (2) (a) In accordance with regulations adopted by the
26 Environmental Quality Board, the department may, by agreement,
27 delegate to a district one or more of its regulatory and
28 enforcement functions, including, but not limited to, the act of
29 June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams
30 Law," and the rules and regulations adopted thereunder; the act
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1 of May 31, 1945 (P.L.1198, No.418), known as the "Surface Mining 2 Conservation and Reclamation Act;" the act of October 4, 1978 3 (P.L.851, No.166), known as the "Flood Plain Management Act," 4 and the rules and regulations adopted thereunder; [and] the act 5 of November 26, 1978 (P.L.1375, No.325), known as the "Dam 6 Safety and Encroachments Act," and the rules and regulations 7 adopted thereunder[.]; and the act of July 7, 1980 (P.L.380, 8 No.97), known as the "Solid Waste Management Act," and the rules 9 and regulations adopted thereunder. 10 (b) Any other State agency, in accordance with the 11 regulations, guidelines or policies adopted by the agency may, 12 by agreement, delegate to a district one or more of its 13 regulator and enforcement functions. 14 (c) Any district acting pursuant to a delegation agreement 15 shall have the same powers and duties otherwise vested in [the] 16 any delegating department or agency of this Commonwealth to 17 implement these acts, to the extent delegated by the agreement. 18 [The] Any delegating department shall monitor and supervise the 19 activities of each district conducted pursuant to a delegation 20 agreement. Any person aggrieved by an action of a district 21 pursuant to a delegation agreement may appeal such action 22 pursuant to 2 Pa.C.S. § 105 (relating to local agency law), 23 within thirty days following notice of such action. 24 (3) The delegating department shall monitor and supervise 25 the activities of each district conducted pursuant to the 26 agreement. 27 Section 12. Discontinuance of Districts.--* * * 28 (2) Upon the repeal of the resolution which declared the 29 county to be a conservation district, the directors may not 30 enter into any more contracts or agreements on behalf of the 20070S1020B1278 - 20 -
1 district, and all rules and regulations theretofore adopted and
2 in force within such district shall be of no further force and
3 effect. Such district, however, shall continue for a period not
4 to exceed [two] four years for the purpose of fulfilling its
5 contracts, discharging any existing obligations, collecting and
6 distributing its assets and doing all other acts required to
7 adjust and close out its affairs.
8 * * *
9 Section 8. Repeals are as follows:
10 (1) The General Assembly declares that the repeal under
11 paragraph (2) is necessary to effectuate the amendment of
12 section 4 of the act.
13 (2) Section 503(d) of the act of June 28, 1995 (P.L.89,
14 No.18), known as the Conservation and Natural Resources Act,
15 is repealed.
16 Section 9. This act shall take effect in 60 days.
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