PRINTER'S NO. 309
No. 298 Session of 1993
INTRODUCED BY STAPLETON, MELLOW AND STEWART, JANUARY 27, 1993
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 27, 1993
AN ACT
1 Establishing the Agricultural Advisory Board in the Department
2 of Environmental Resources and prescribing its powers; and
3 providing for review by the board of certain proposed rules
4 and regulations.
5 The General Assembly finds and declares as follows:
6 (1) Agriculture is this Commonwealth's number one industry.
7 The citizens of this Commonwealth have, through their vote,
8 affirmed the preservation of agriculture as a vital public
9 policy. The family farmers of this Commonwealth have a deep and
10 rich history of responsible land stewardship. This
11 Commonwealth's first environmentalists were farmers. State
12 agencies must be more mindful of the impact that certain
13 policies, rules and regulations impose upon the family farmers
14 of this Commonwealth.
15 (2) The intent of this act is to ensure that the
16 agricultural impact of certain Commonwealth policies, rules and
17 regulations receive due consideration and to ensure that the
18 agricultural community and agricultural experts have the
19 opportunity to provide comment regarding these policies, rules
1 and regulations.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the Department of
6 Environmental Resources Agricultural Advisory Board Act.
7 Section 2. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Agriculture." Normal farming practices or innovative
12 techniques used in the production and preparation for market of
13 any crop or commodity included within the definition of "crops,
14 livestock and livestock products" in section 3 of the act of
15 June 30, 1981 (P.L.128, No.43), known as the Agricultural Area
16 Security Law.
17 "Board." The Agricultural Advisory Board established in
18 section 3.
19 "Department." The Department of Environmental Resources of
20 the Commonwealth.
21 "Normal farming practices." The customary and generally
22 accepted activities, practices and procedures that farmers
23 adopt, use or engage in year after year in the production and
24 preparation for market of any crop or commodity included within
25 the definition of "crops, livestock and livestock products" in
26 section 3 of the act of June 30, 1981 (P.L.128, No.43), known as
27 the Agricultural Area Security Law.
28 "Secretary." The Secretary of Environmental Resources of the
29 Commonwealth.
30 Section 3. Establishment of board.
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1 (a) Creation.--There is hereby established in the Department
2 of Environmental Resources the Agricultural Advisory Board.
3 (b) Members.--The following persons shall comprise the
4 board:
5 (1) Representatives of the Pennsylvania Farmers
6 Association, the Pennsylvania State Grange and the
7 Pennsylvania Farmers Union. Each of these organizations shall
8 annually name one person to represent it under this
9 paragraph.
10 (2) A dairy producer, a livestock producer, a poultry
11 producer, a grain producer, either a fruit or vegetable
12 producer and a representative from the agri-business
13 industry. The Governor shall appoint these representatives to
14 sit for a three-year term.
15 (3) Representatives of the Pennsylvania Association of
16 Conservation District Directors and The Pennsylvania State
17 University. Each of these organizations shall annually name
18 one person to represent it under this paragraph.
19 (4) Representatives of the Federal Soil Conservation
20 Service and the Federal Agricultural Stabilization and
21 Conservation Service. Each of these organizations shall
22 annually name one person to represent it under this paragraph
23 ex officio.
24 (5) Representatives of the Department of Agriculture and
25 the Department of Environmental Resources. Each department
26 shall annually name one person to represent it under this
27 paragraph ex officio.
28 (6) The chairman and the minority chairman of the
29 Agriculture and Rural Affairs Committee of the Senate or
30 their designees and the chairman and the minority chairman of
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1 the Agriculture and Rural Affairs Committee of the House of
2 Representatives or their designees to represent the General
3 Assembly ex officio.
4 (c) Chairman.--The members designated under subsection
5 (b)(1) shall annually rotate as board chairman.
6 (d) Staff.--The Department of Environmental Resources shall
7 furnish the board with administrative support.
8 Section 4. Powers of board.
9 (a) General rule.--The board shall have the following
10 powers:
11 (1) Provide advice and expertise to the secretary
12 regarding the nature of agriculture in this Commonwealth.
13 (2) Assist the secretary and provide written comments on
14 new departmental policy that will impact upon agriculture in
15 this Commonwealth.
16 (3) Assist the secretary and provide comment on
17 regulatory proposals pursuant to section 5.
18 (4) Provide comment to the secretary regarding existing
19 departmental policy and regulations affecting agriculture in
20 this Commonwealth.
21 (b) Exempt regulations.--Regulations subject to review by
22 the seasonal farm labor committee under the act of June 23, 1978
23 (P.L.537, No.93), known as the Seasonal Farm Labor Act, are
24 exempt from review under subsection (a).
25 Section 5. Review of regulations.
26 (a) Notice to board.--The department shall notify the board
27 of the development of any regulatory proposal which would
28 regulate agriculture as early as possible but not less than 120
29 days prior to the date the Environmental Quality Board meets to
30 initially consider any proposed rulemaking resulting from the
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1 regulatory proposal.
2 (b) Meeting and consultation with board.--At the request of
3 the board, if the request is made within 30 days from the date
4 of receipt of the notice required by subsection (a), the
5 department shall meet and consult with the board in the
6 formulation of any such regulatory proposal and thereafter the
7 board may provide the department with written comments thereon.
8 (c) Inclusion of comments with proposed rulemaking.--The
9 department shall include any written comments of the board,
10 received prior to the department's submission of a proposed
11 rulemaking package to the Environmental Quality Board, as part
12 of its submission to the Environmental Quality Board.
13 (d) Exceptions.--The requirements of this section shall not
14 apply to regulations with mandatory statutory deadlines, to
15 regulations required to be adopted by court order, to emergency
16 regulations, to final regulations adopted pursuant to section
17 204 of the act of July 31, 1968 (P.L.769, No.240), referred to
18 as the Commonwealth Documents Law, or where interim regulations
19 are otherwise authorized by statute. The department shall advise
20 the board as soon as possible of the development of regulations
21 identified in this subsection which would regulate agriculture.
22 Section 6. Effective date.
23 This act shall take effect in 60 days.
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