THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY MUSTO, M. WHITE, RAFFERTY, TOMLINSON, STOUT, FOLMER, O'PAKE, ERICKSON AND PILEGGI, JANUARY 29, 2009

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 29, 2009  

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; and prescribing the manner in which the

number and compensation of the deputies and all other

assistants and employes of certain departments, boards and

commissions shall be determined," further providing for the

Environmental Quality Board.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 471 of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, amended

November 1, 1979 (P.L.251, No.83), is amended to read:

Section 471.  Environmental Quality Board.--(a)  The

Environmental Quality Board shall consist of the Secretary of

Environmental [Resources] Protection, who shall be chairman

thereof, the Secretary of Health, the Secretary of [Commerce]

Community and Economic Development, the Secretary of

Transportation, the Secretary of Agriculture, the Secretary of

Labor and Industry, [the Secretary of Community Affairs,] the

Executive Director of the Fish Commission, the Executive

Director of the Game Commission, the Chairman of the Public

Utilities Commission, the Executive Director of the State

Planning Board, the Executive Director of the Pennsylvania

Historical and Museum Commission, five members of the Citizens

Advisory Council, and four members of the General Assembly. The

Citizens Advisory Council members shall be designated by, and

serve at the pleasure of, the Citizens Advisory Council. One of

the General Assembly members shall be designated by, and serve

at the pleasure of, the President Pro Tempore of the Senate, one

by the Minority Leader of the Senate, one by the Speaker of the

House of Representatives and one by the Minority Leader of the

House of Representatives. In addition to the heads of the

various departments as elsewhere in this act provided, the other

members of the board may have named alternates to serve in their

stead, the alternates for the members of the board from the

Citizens Advisory Council to be selected by that council from

members of the council and each other alternate to be selected

by that particular member of the board in whose stead he is to

serve. No person will serve as alternate for more than one board

member.

(b)  Eight members of the board shall constitute a quorum.

(c)  The Department of Environmental Protection shall appoint

a counsel to the board, who shall also serve as an independent

counsel to members of the board. The independent counsel shall

be compensated out of the appropriation for the general

government operations of the Department of Environmental

Protection. At the discretion of the board, the independent

counsel shall assist members on all matters before the board,

including, but not limited to, the review of rulemaking

petitions submitted to the board, the drafting and development

of amendments to proposed and final rulemaking and procedural

matters. All communication between the independent counsel and a

board member or the board shall be considered privileged and

confidential between the independent counsel and the board, and

such privilege may be waived only by the board.

Section 2.  This act shall take effect immediately.