PRINTER'S NO. 2732
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1932
Session of
2017
INTRODUCED BY ZIMMERMAN, B. MILLER, GREINER, FEE, MILLARD, WARD,
BLOOM, A. HARRIS, ORTITAY, PHILLIPS-HILL, KEEFER, BERNSTINE,
KLUNK, BARRAR, SANKEY, CAUSER, HICKERNELL, WHEELAND, MILNE,
GILLEN AND SCHWEYER, NOVEMBER 20, 2017
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
NOVEMBER 20, 2017
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in nutrient management and odor management, further
providing for nutrient management plans.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 506(e) of Title 3 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 506. Nutrient management plans.
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(e) Plan review and approval.--Plans or plan amendments
required under this chapter shall be submitted to local
conservation districts for review and approval or alternatively
to the commission for agricultural operations located in
counties not delegated administrative authority under section
504 (relating to powers and duties of commission). Any person
performing the plan review must be certified in accordance with
section 508 (relating to nutrient management certification
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program and odor management certification program). [Within 90
days of receipt of a nutrient management plan or plan amendment,
the reviewing agency shall either approve, modify or disapprove
the plan or plan amendment. Approvals shall only be granted for
those plans or plan amendments which satisfy the requirements of
this chapter and the regulations promulgated under this chapter.
Notice of determination to approve, modify or disapprove a plan
or plan amendment shall be provided in writing to the person
submitting same. Notice of a determination to modify or
disapprove shall include an explanation specifically stating the
reasons for modification or disapproval. If a plan or plan
amendment is disapproved, the person submitting a plan or plan
amendment for the first time shall have 90 days after receipt of
notice of disapproval to resubmit a revised plan or plan
amendment. An agricultural operation that submits a complete
plan or plan amendment is authorized to implement the same if
the reviewing agency fails to act within 90 days of submittal.
Where the reviewing agency fails to so act and the plan or plan
amendment is resubmitted and the reviewing agency again fails to
act within 90 days of resubmittal, it shall be deemed approved.]
The following apply:
(1) Within 10 days of receipt of a plan or plan
amendment, the reviewing agency shall provide written notice
to the owner or operator of the agricultural operation
indicating whether all required plan elements have been
received. If the plan or plan amendment does not include all
the required plan elements, the notice shall specifically
list each plan element that is missing.
(2) Within 90 days of receipt of a complete plan or plan
amendment, the reviewing agency shall render a written
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decision indicating whether the reviewing agency approved,
modified or disapproved the plan or plan amendment. If a
reviewing agency fails to render a written decision within 90
days of receipt of a plan or plan amendment, the plan or plan
amendment shall be deemed approved.
(3) The reviewing agency shall only approve a plan or
plan amendment if the plan or plan amendment satisfies the
requirements under this chapter and the regulations
promulgated under this chapter.
(4) If a plan or plan amendment is modified by the
reviewing agency, the reviewing agency shall specifically
indicate the reason for the modification and list each plan
element modified. For the purposes of compliance under this
chapter, a reviewing agency-modified plan or plan amendment
shall constitute an approved plan or plan amendment. An owner
or operator of an agricultural operation may request for
reconsideration of an element of a plan or plan amendment
modified by the reviewing agency in accordance with the
following:
(i) A request for reconsideration under this
paragraph shall be provided to the reviewing agency
within 10 days of receipt of the reviewing agency's
written decision provided under paragraph (2). The
request for reconsideration shall identify the plan
element that the owner or operator of an agricultural
operation is requesting for reconsideration. The owner or
operator of an agricultural operation may provide
additional information and analysis related to the
request for reconsideration.
(ii) Within 30 days of receipt of a request for
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reconsideration, the reviewing agency shall render a
written decision to the owner or operator of an
agricultural operation. The written decision shall
specify whether the reviewing agency approves or
disapproves of the request for reconsideration.
Disapproval of the request for reconsideration shall not
nullify the portions of the plan or plan amendment which
the reviewing agency has approved.
(5) If a plan or plan amendment is disapproved, the
reviewing agency shall specifically indicate the reasons for
disapproval and list the plan element determined to be
deficient. The reviewing agency may not disapprove for the
purpose of extending the time period to make a determination
under this subsection.
(6) The owner or operator of an agricultural operation
shall have 90 days after receipt of notice of a disapproval
of plan or plan amendment to resubmit a revised plan or plan
amendment. Within 90 days of receipt of a revised plan or
plan amendment, the reviewing agency shall render a written
decision in accordance with the provisions of this
subsection. If a reviewing agency fails to render a written
decision within 90 days, the revised plan or plan amendment
shall be deemed approved.
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Section 2. This act shall take effect in 60 days.
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