A09630
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1171
Session of
2018
INTRODUCED BY BROOKS, HUTCHINSON, VULAKOVICH, WAGNER AND BROWNE,
MAY 18, 2018
AS AMENDED ON THIRD CONSIDERATION, JUNE 19, 2018
AN ACT
Amending Titles 3 (Agriculture) and 27 (Environmental Resources)
of the Pennsylvania Consolidated Statutes, in nutrient
management and odor management, further providing for
declaration of legislative purpose, for definitions and for
powers and duties of commission and repealing provisions
relating to Nutrient Management Advisory Board; and
establishing the Farm Animal Advisory Board.
AMENDING TITLES 3 (AGRICULTURE) AND 27 (ENVIRONMENTAL RESOURCES)
OF THE PENNSYLVANIA CONSOLIDATED STATUTES, IN NUTRIENT
MANAGEMENT AND ODOR MANAGEMENT, FURTHER PROVIDING FOR THE
NUTRIENT MANAGEMENT ADVISORY BOARD; AND, IN AGRICULTURAL
ADVISORY BOARD, FURTHER PROVIDING FOR ESTABLISHMENT OF BOARD,
for powers of board and for review of regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 502(3) and (5) of Title 3 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 502. Declaration of legislative purpose.
The purposes of this chapter are as follows:
* * *
(3) To require the State Conservation Commission, in
conjunction with the Cooperative Extension Service of The
Pennsylvania State University, the Department of
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Environmental Protection, the department and the [Nutrient
Management Advisory Board] Farm Animal Advisory Board to
develop and provide technical and financial assistance for
nutrient management and alternative uses of animal manure,
including a manure marketing and distribution program.
* * *
(5) To require the State Conservation Commission, in
conjunction with the [Nutrient Management Advisory Board]
Farm Animal Advisory Board, to develop and administer a
regulatory program requiring odor management plans addressing
new and expanded animal housing facilities and manure
management facilities at concentrated animal operations and
concentrated animal feeding operations after July 19, 1993,
and to encourage the voluntary implementation of odor
management plans for other agricultural operations.
Section 2. The definition of "board" in section 503 of Title
3 is amended to read:
§ 503. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Board." The [Nutrient Management Advisory Board created by
section 510 (relating to Nutrient Management Advisory Board).]
Farm Animal Advisory Board under 27 Pa.C.S. Ch. 8 (relating to
Farm Animal Advisory Board).
* * *
Section 3. Section 504(7) of Title 3 is amended to read:
§ 504. Powers and duties of commission.
The commission shall have the following powers and duties:
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* * *
(7) To consult with the board as provided in [section
510 (relating to Nutrient Management Advisory Board).] 27
Pa.C.S. Ch. 8 (relating to Farm Animal Advisory Board).
* * *
Section 4. Section 510 of Title 3 is repealed:
[§ 510. Nutrient Management Advisory Board.
(a) Creation.--There is created the Nutrient Management
Advisory Board. The board shall consist of 16 members appointed
by the chairman of the commission and approved by a two-thirds
vote of the commission. The members so appointed shall consist
of five active commercial farm owners or operators representing
the livestock, swine, meat poultry, egg poultry and dairy
industry nominated by Statewide general farm organizations, one
veterinary nutrition specialist, one representative from the
feed industry, one representative from the fertilizer industry,
one representative of commercial agricultural lenders, one
representative of local government, one representative of
academia who shall be an agronomist or plant scientist faculty
member of the school of agriculture of a Pennsylvania college or
university, one representative of academia who shall be an
animal science faculty member with an expertise in odor
management from the school of agriculture of a college or
university within this Commonwealth, one hydrologist, two
citizen representatives who are not farmers and one
environmental representative, all of whom shall have sufficient
knowledge, experience or familiarity with agronomic practices,
nutrient management practices or odor management practices and
all of whom shall be residents of this Commonwealth.
(b) Compensation.--Board members shall not receive a salary
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but shall be reimbursed for all reasonable and necessary
expenses incurred in the performance of their duties.
(c) Meetings.--A majority of the board shall constitute a
quorum. All actions of the board shall be by a majority vote.
The board shall meet upon the call of the commission, but not
less than semiannually, to carry out its duties under this
chapter. The board shall annually select a chairman and such
other officers as it deems appropriate.
(d) Duties.--The board shall review and comment on all
commission proposed regulations, the interim guidelines under
section 504(2) (relating to powers and duties of commission) and
the interim criteria under section 504(5) developed to implement
the provisions of this chapter. The commission shall have no
power to promulgate regulations, interim guidelines or interim
criteria under this chapter until receipt of written comments on
the proposed regulations, guidelines or criteria from the board
or until 60 days have expired from the date when the
regulations, guidelines or criteria were submitted by the
commission to the board for its comments. Existing regulations,
guidelines and criteria shall continue until modified,
superseded or repealed by the commission.
(e) Term.--The term of office for each board member shall be
three years except that the commission shall stagger the initial
terms of the charter members such that five shall serve for one
year, five shall serve for two years and six shall serve for
three years. Board members may be appointed to successive terms
at the discretion of the commission, provided that no member may
serve more than two three-year terms.]
Section 5. Title 27 is amended by adding a chapter to read:
CHAPTER 8
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FARM ANIMAL ADVISORY BOARD
Sec.
801. Definitions.
802. Establishment of Farm Animal Advisory Board.
803. Powers of board.
804. Review of regulations.
§ 801. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agricultural operation." An enterprise that is engaged in
agriculture as defined in section 701 (relating to definitions).
"Animal operation." An agricultural operation in which
animals are raised or kept for commercial purposes.
"Board." The Farm Animal Advisory Board established under
section 802 (relating to establishment of Farm Animal Advisory
Board).
"CAO operator." The owner or operator of a concentrated
animal operation.
"Commission." The State Conservation Commission established
by the act of May 15, 1945 (P.L.547, No.217), known as the
Conservation District Law.
"Commission chair." The chairperson of the State
Conservation Commission.
"Concentrated animal feeding operation" or "CAFO." As
defined in 25 Pa. Code § 92a.2 (relating to definitions).
"Concentrated animal operation" or "CAO." An animal
operation that meets the criteria established under 3 Pa.C.S.
Ch. 5 (relating to nutrient management and odor management).
"Department." The Department of Environmental Protection of
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the Commonwealth.
"General CAFO permittee." An owner or operator of a CAFO
which has received approval from the department to operate under
a National Pollutant Discharge Elimination System general
permit.
"Individual CAFO permittee." An owner or operator of a CAFO
that has been issued a National Pollutant Discharge Elimination
System individual permit by the department.
"Regulatory proposal." A proposed regulation or guideline,
proposed amendment to a regulation or guideline or proposed
change in interpretation of administrative, regulatory or
enforcement policy that intends to or will have the effect of
increasing requirements imposed or imposing more stringent
standards on animal operations.
"Secretary." The Secretary of Environmental Protection of
the Commonwealth.
"Voting members." Board members listed in section 802(b)(1),
(2) and (3).
§ 802. Establishment of Farm Animal Advisory Board.
(a) Establishment.--The Farm Animal Advisory Board is
established within the department.
(b) Members.--The board shall be comprised of the following
members:
(1) Four individuals who own or operate an animal
operation, selected from nominations submitted by the
Pennsylvania Farm Bureau, Pennsylvania State Grange, PennAg
Industries Association and Pennsylvania Farmers Union. Each
organization under this paragraph shall submit a list of
nominations to the secretary, who shall appoint one member
from each organization's list.
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(2) Five general CAFO permittees or CAO operators from
mature dairy cow, veal calf, cattle other than mature dairy
cows or veal calves, swine, horse, sheep or lamb, turkey,
laying hen or broiler, chicken other than laying hens, and
duck operations. All individuals appointed under this
paragraph shall be from distinct operations.
(3) Two individual CAFO permittees from distinct
operations listed under paragraph (2).
(4) Four individuals, who shall serve as ex officio,
nonvoting members:
(i) Two members of the faculty of The Pennsylvania
State University, one with expertise in agronomy and
plant science and one with expertise in animal science
and odor management, appointed annually by The
Pennsylvania State University.
(ii) One deputy secretary from the Department of
Agriculture and one deputy secretary from the department.
If a named deputy secretary is unable to serve on the
board, the deputy secretary shall be replaced by another
deputy secretary or by the secretary of the department
represented.
(c) Appointment and term.--The secretary, in consultation
with the Secretary of Agriculture, shall appoint the members to
serve under subsections (b)(1), (2) and (3). Appointments shall
be made in a manner that provides representation of the
northwest, north central, northeast, southwest, south central
and southeast regions of this Commonwealth, corresponding to the
regions served by the department's regional offices. The terms
of each member shall be three years, but the secretary shall
stagger the initial terms of charter members under this
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subsection such that three shall serve for one year, three shall
serve for two years and five shall serve for three years. Board
members may be appointed to successive terms.
(d) Compensation.--Board members shall not receive a salary
but shall be reimbursed for all reasonable and necessary
expenses incurred in the performance of their duties.
(e) Meetings.--A majority of the board shall constitute a
quorum. All actions of the board shall be by a majority vote of
the voting members. The board shall meet upon call of the
secretary, but not less than semiannually, to carry out the
board's duties under this chapter.
(f) Chairperson.--The board shall annually elect a board
chairperson from among the voting members.
(g) Staff.--The department shall furnish the board with
administrative support, including the development of board
bylaws consistent with this chapter and providing meeting space.
§ 803. Powers of board.
The board shall have the following powers:
(1) To provide advice and expertise to the secretary and
the commission chair concerning animal operations.
(2) To provide advice and expertise to the commission
and the commission chair regarding nutrient management and
alternative uses of animal manure.
(3) To assist the secretary and the commission chair in
the development of regulatory standards and provide written
comments on new and existing interpretive, administrative and
enforcement policies and regulatory proposals affecting
animal operations in this Commonwealth, including
requirements, time lines and fee schedules for general and
individual National Pollution Discharge Elimination System
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permits.
(4) To assist the secretary and the commission by
providing comments on regulatory proposals under section 804
(relating to review of regulations).
§ 804. Review of regulations.
(a) Notice to board.--The department and commission shall
notify the board of the development of a regulatory proposal
that may affect animal operations as early as possible but not
less than 150 days prior to the date the proposal is formally
initiated by an agency.
(b) Meeting and consultation with board.--At the request of
the board, if the request is made within 30 days from the date
of receipt of the notice required by subsection (a), the
proposing agency shall meet and consult with the board in the
formulation of the regulatory proposal, and then the board may
provide the proposing agency with written comments.
(c) Inclusion of comments with proposed rulemaking.--The
proposing agency shall include any written comments of the board
received prior to the initiation of proposed rulemaking or
formal action taken on the regulatory proposal. For a regulatory
proposal for which proposed rulemaking is not required, the
proposing agency shall prepare and submit to the board a
document that responds to comments offered by the board,
including reasons why recommendations offered by the board in
its comments were not adopted.
(d) Exceptions.--The requirements of this section shall not
apply to regulations with mandatory statutory deadlines, court-
ordered regulations, emergency regulations, final regulations
adopted under section 204 of the act of July 31, 1968 (P.L.769,
No.240), referred to as the Commonwealth Documents Law, or
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interim regulations otherwise authorized by statute. As soon as
possible, the department shall advise the board as to the
development of regulations under this subsection that would
regulate animal operations.
Section 6. This act shall take effect in 60 days.
SECTION 1. SECTION 510(A) AND (D) OF TITLE 3 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
§ 510. NUTRIENT MANAGEMENT ADVISORY BOARD.
(A) CREATION.--THERE IS CREATED THE NUTRIENT MANAGEMENT
ADVISORY BOARD. THE BOARD SHALL CONSIST OF 16 MEMBERS APPOINTED
BY THE CHAIRMAN OF THE COMMISSION AND APPROVED BY A TWO-THIRDS
VOTE OF THE COMMISSION. THE MEMBERS SO APPOINTED SHALL CONSIST
OF [FIVE] SIX ACTIVE COMMERCIAL FARM OWNERS OR OPERATORS
REPRESENTING THE LIVESTOCK, SWINE, MEAT POULTRY, EGG POULTRY AND
DAIRY INDUSTRY NOMINATED BY STATEWIDE GENERAL FARM
ORGANIZATIONS, ONE VETERINARY NUTRITION SPECIALIST, ONE
REPRESENTATIVE FROM THE FEED INDUSTRY, ONE REPRESENTATIVE FROM
THE FERTILIZER INDUSTRY, [ONE REPRESENTATIVE OF COMMERCIAL
AGRICULTURAL LENDERS,] ONE REPRESENTATIVE OF LOCAL GOVERNMENT,
ONE REPRESENTATIVE OF ACADEMIA WHO SHALL BE AN AGRONOMIST OR
PLANT SCIENTIST FACULTY MEMBER OF THE SCHOOL OF AGRICULTURE OF A
PENNSYLVANIA COLLEGE OR UNIVERSITY, ONE REPRESENTATIVE OF
ACADEMIA WHO SHALL BE AN ANIMAL SCIENCE FACULTY MEMBER WITH AN
EXPERTISE IN ODOR MANAGEMENT FROM THE SCHOOL OF AGRICULTURE OF A
COLLEGE OR UNIVERSITY WITHIN THIS COMMONWEALTH, ONE HYDROLOGIST,
TWO CITIZEN REPRESENTATIVES WHO ARE NOT FARMERS AND ONE
ENVIRONMENTAL REPRESENTATIVE, ALL OF WHOM SHALL HAVE SUFFICIENT
KNOWLEDGE, EXPERIENCE OR FAMILIARITY WITH AGRONOMIC PRACTICES,
NUTRIENT MANAGEMENT PRACTICES OR ODOR MANAGEMENT PRACTICES AND
ALL OF WHOM SHALL BE RESIDENTS OF THIS COMMONWEALTH. THE SIX
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ACTIVE COMMERCIAL FARM OWNERS OR OPERATORS SHALL BE NOMINATED IN
A MANNER THAT PROVIDES REPRESENTATION OF THE NORTHWEST, NORTH
CENTRAL, NORTHEAST, SOUTHWEST, SOUTH CENTRAL AND SOUTHEAST
REGIONS OF THIS COMMONWEALTH, CORRESPONDING TO THE REGIONS
SERVED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION REGIONAL
OFFICES. TWO OF THE SIX ACTIVE COMMERCIAL FARM OWNERS OR
OPERATORS SHALL HOLD AN ACTIVE CONCENTRATED ANIMAL FEEDING
OPERATION PERMIT AS REQUIRED BY THE ACT OF JUNE 22, 1937
(P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS LAW.
* * *
(D) DUTIES.--THE BOARD SHALL REVIEW AND COMMENT ON ALL
COMMISSION PROPOSED REGULATIONS, THE INTERIM GUIDELINES UNDER
SECTION 504(2) (RELATING TO POWERS AND DUTIES OF COMMISSION) AND
THE INTERIM CRITERIA UNDER SECTION 504(5) DEVELOPED TO IMPLEMENT
THE PROVISIONS OF THIS CHAPTER. THE COMMISSION SHALL HAVE NO
POWER TO PROMULGATE REGULATIONS, INTERIM GUIDELINES OR INTERIM
CRITERIA UNDER THIS CHAPTER UNTIL RECEIPT OF WRITTEN COMMENTS ON
THE PROPOSED REGULATIONS, GUIDELINES OR CRITERIA FROM THE BOARD
OR UNTIL [60] 90 DAYS HAVE EXPIRED FROM THE DATE WHEN THE
REGULATIONS, GUIDELINES OR CRITERIA WERE SUBMITTED BY THE
COMMISSION TO THE BOARD FOR ITS COMMENTS. EXISTING REGULATIONS,
GUIDELINES AND CRITERIA SHALL CONTINUE UNTIL MODIFIED,
SUPERSEDED OR REPEALED BY THE COMMISSION.
* * *
SECTION 2. SECTION 702(B) OF TITLE 27 IS AMENDED BY ADDING A
PARAGRAPH TO READ:
Section 2. Sections 702(b)(2), 703 and 704(a) and (b) of
Title 27 are amended to read:
§ 702. ESTABLISHMENT OF BOARD.
* * *
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(B) MEMBERS.--THE FOLLOWING PERSONS SHALL COMPRISE THE
BOARD:
* * *
(7) TWO MEMBERS APPOINTED BY THE SECRETARY THAT HOLD AN
ACTIVE CONCENTRATED ANIMAL FEEDING OPERATION PERMIT AS
REQUIRED BY THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394),
KNOWN AS THE CLEAN STREAMS LAW .
* * *
(2) A dairy producer, a livestock producer, a poultry
producer, a grain producer, a fruit producer, a vegetable
producer, a representative of the ornamental horticultural
industry, a producer engaged in sustainable agriculture, a
representative from the agricultural chemical manufacturers
industry and a representative from the agribusiness industry.
The Governor shall appoint these representatives to sit for a
three-year term. Representatives appointed under this
paragraph must receive a majority of their gross income from
the activity which they represent. Two of the representatives
appointed under this paragraph shall hold an active
concentrated animal feeding operation permit as required by
the act of June 22, 1937 (P.L.1987, No.394), known as The
Clean Streams Law.
* * *
§ 703. Powers of board.
(a) General rule.--The board shall have the following
powers:
(1) Provide advice and expertise to the secretary
regarding the nature of agriculture in this Commonwealth.
(2) Assist the secretary and provide written comments on
new departmental policy that will impact upon agriculture in
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this Commonwealth.
(3) Assist the secretary and provide comment on
regulatory, permitting, technical guidance and policy
proposals pursuant to section 704 (relating to review of
regulations).
(4) Provide comment to the secretary regarding existing
departmental policy, permitting, technical guidance and
regulations affecting agriculture in this Commonwealth.
(b) Exempt regulations.--Regulations subject to review by
the seasonal farm labor committee under the act of June 23, 1978
(P.L.537, No.93), known as the Seasonal Farm Labor Act, are
exempt from review under subsection (a).
§ 704. Review of regulations and other documents.
(a) Notice to board.--
(1) The department shall notify the board of the
development of any regulatory proposal, permit, technical
guidance or departmental policy which would regulate or
affect agriculture as early as possible but not less than 120
days prior to:
(i) the date the Environmental Quality Board meets
to initially consider any proposed rulemaking resulting
from the regulatory proposal[.];
(ii) the date the department publishes notice to
establish or change a permit; or
(iii) the date the department establishes a policy.
(2) Not less than 60 days prior to an action under
paragraph (1)(i), (ii) or (iii), the department shall provide
the board with a written version in substantially the form
that will be published or established of any regulatory,
permit, technical guidance or departmental policy proposal
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that would regulate or affect agriculture.
(3) The department may not publish or establish any
regulatory, permit, technical guidance or departmental policy
proposal that regulates or affects agriculture prior to board
review of a document provided under paragraph (2). Any
discussion or decision by the board related to the review
shall be reflected in the minutes of the board.
(b) Meeting and consultation with board.--At the request of
the board, if the request is made within 30 days from the date
of receipt of the notice required by subsection (a), the
department shall meet and consult with the board in the
formulation of any such regulatory, permit, technical guidance
or departmental policy proposal, and thereafter the board may
provide the department with written comments thereon.
* * *
SECTION 3. MEMBERS OF THE NUTRIENT MANAGEMENT ADVISORY BOARD
and members of the Agricultural Advisory Board, AS OF THE
EFFECTIVE DATE OF THIS SECTION, SHALL CONTINUE TO SERVE AS
MEMBERS of their respective boards UNTIL THEIR PRESENT TERMS OF
OFFICE EXPIRE.
SECTION 4. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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