PRINTER'S NO. 312
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
301
Session of
2021
INTRODUCED BY YAW, J. WARD, MARTIN, STEFANO, BAKER, PITTMAN AND
DUSH, MARCH 10, 2021
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 10, 2021
AN ACT
Amending the act of January 8, 1960 (1959 P.L.2119, No.787),
entitled "An act to provide for the better protection of the
health, general welfare and property of the people of the
Commonwealth by the control, abatement, reduction and
prevention of the pollution of the air by smokes, dusts,
fumes, gases, odors, mists, vapors, pollens and similar
matter, or any combination thereof; imposing certain powers
and duties on the Department of Environmental Resources, the
Environmental Quality Board and the Environmental Hearing
Board; establishing procedures for the protection of health
and public safety during emergency conditions; creating a
stationary air contamination source permit system; providing
additional remedies for abating air pollution; reserving
powers to local political subdivisions, and defining the
relationship between this act and the ordinances, resolutions
and regulations of counties, cities, boroughs, towns and
townships; imposing penalties for violation of this act; and
providing for the power to enjoin violations of this act; and
conferring upon persons aggrieved certain rights and
remedies," further providing for advice to department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7.6 of the act of January 8, 1960 (1959
P.L.2119, No.787), known as the Air Pollution Control Act, is
amended to read:
Section 7.6. Advice to Department.--(a) The department
shall consult with the Citizens Advisory Council established
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under section 448 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929," as appropriate, in
the consideration of State implementation plans and regulations
developed by the department and needed for the implementation of
the Clean Air Act. Nothing in this section shall limit the
council's ability to consider, study and review department
policies and other activities related to the Clean Air Act
implementation as provided under section 1922-A of "The
Administrative Code of 1929." This section shall not apply to
State implementation plans or portions thereof comprised of
permit, emission offset or reasonably available control
technology requirements for individual sources; consent orders
and agreements; or regulations. The requirements of this section
shall not apply to State implementation plans submitted by a
local air pollution control agency.
[(b) (1) The Secretary of Environmental Resources, within
thirty (30) days after the effective date of this act, shall
designate an air technical advisory committee. The committee
shall include at least eleven (11) members with technical
backgrounds in the control of air pollution from stationary or
mobile sources.
(2) The committee, at the request of the department, may be
utilized to provide technical advice on department policies,
guidance and regulations needed to implement the Clean Air Act.
The committee may also request to review a department policy,
guidance or regulation needed to implement the Clean Air Act.]
(c) (1) The Air Quality Technical Advisory Committee is
established in the department. The purpose of the committee is
to provide technical advice on department policies, guidance and
regulations necessary to implement this act or the Clean Air
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Act.
(2) The committee shall be composed of members who must be
residents of this Commonwealth with technical backgrounds in the
control of air pollution from stationary or mobile sources.
(3) The members shall be appointed as follows:
(i) Six (6) members shall be appointed by the Governor.
(ii) Four (4) members shall be appointed by the Majority
Leader of the Senate and two (2) members shall be appointed by
the Minority Leader of the Senate.
(iii) Four (4) members shall be appointed by the Majority
Leader of the House of Representatives and two (2) members shall
be appointed by the Minority Leader of the House of
Representatives.
(4) Members of the committee shall be appointed within
thirty (30) days of the effective date of this subsection.
(5) A member shall be appointed for a term of four (4)
years, except:
(i) Of the initial members appointed by the Governor, three
(3) members shall serve initial terms of two (2) years.
(ii) Of the initial members appointed by the Majority Leader
of the Senate, two (2) members shall serve initial terms of two
(2) years.
(iii) Of the initial members appointed by the Minority
Leader of the Senate, one (1) member shall serve an initial term
of two (2) years.
(iv) Of the initial members appointed by the Majority Leader
of the House of Representatives, two (2) members shall serve
initial terms of two (2) years.
(v) Of the initial members appointed by the Minority Leader
of the House of Representatives, one (1) member shall serve an
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initial term of two (2) years.
(6) The chairperson of the committee shall be elected from
among and by a majority vote of the members of the committee.
The term of the chairperson shall be for two (2) years. An
individual may serve no more than two (2) consecutive terms as
chairperson.
(7) Members of the committee shall serve without
compensation but may be reimbursed from funds appropriated for
such purposes as necessary and reasonable travel and other
expenses incurred during the performance of their duties.
Section 2. This act shall take effect in 60 days.
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