1Providing for the erosion and sedimentation program to be
2administered by delegation agreements between the Department
3of Environmental Protection and conservation districts.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Pennsylvania
8Conservation District Delegated Oversight Act.

9Section 2. Legislative findings.

10The General Assembly of the Commonwealth of Pennsylvania
11finds and declares as follows:

12(1) The act of May 15, 1945 (P.L.547, No.217), known as
13the Conservation District Law, designates conservation
14districts as a primary local government unit responsible for
15the conservation of natural resources in this Commonwealth
16and for implementing programs, projects and activities to
17quantify, prevent and control nonpoint sources of pollution.

1(2) Since 1945, the conservation districts have worked
2in conjunction with landowners, Federal and State government
3agencies, counties and local government units to provide for
4the conservation of soil, water and related resources of this
5Commonwealth, to control and prevent soil erosion, to assist
6in flood control, storm water management, air and water
7quality, preservation of wildlife and protection and
8promotion of the health, safety and general welfare of the
9people of this Commonwealth.

10(3) Recent growth in the development of the Marcellus
11Shale natural gas resources has introduced new challenges for
12soil and water quality in this Commonwealth.

13(4) Although the county conservation districts have
14traditionally provided delegated oversight to matters of
15erosion and sedimentation, the Department of Environmental
16Protection assumed these responsibilities through internal
17department policy in 2009.

18(5) This assumption of duties effectively eliminated the
19role of the county conservation districts to protect the
20Commonwealth's resources by supervising earthmoving or soil
21disturbing activities, including the activities related to
22siting, drilling and servicing natural gas wells,
23constructing access roads and assisting in the design,
24implementation and maintenance of best management practices
25related to erosion and sedimentation.

26Section 3. Cooperative process to be developed.

27The Department of Environmental Protection shall develop a
28cooperative process for the review of erosion and sedimentation
29permit applications. This process shall include the involvement
30of County Conservation District personnel in the oversight of

1any erosion and sedimentation activity related to 25 Pa. Code
2Ch. 102 (relating to erosion and sediment control) in accordance
3with a delegation agreement as described in section 4.

4Section 4. Delegation agreements.

5(a) General rule.--The duties, responsibilities and
6activities of a conservation district for the erosion and
7sedimentation program shall include only those agreed upon by
8the conservation district through the terms and conditions of a
9delegation agreement entered into between the Department of
10Environmental Protection and the conservation district.

11(b) Power of conservation district.--A conservation district
12shall not be required to enter into a delegation agreement with
13the Department of Environmental Protection to administer the
14erosion and sedimentation program.

15Section 5. Effective date.

16This act shall take effect in 60 days.