PRIOR PRINTER'S NO. 1754
PRINTER'S NO. 1779
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1171
Session of
2018
INTRODUCED BY BROOKS, HUTCHINSON AND VULAKOVICH, MAY 18, 2018
SENATOR VOGEL, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED,
MAY 22, 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.
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
Environmental Protection, the department and the [Nutrient
Management Advisory Board] Farm Animal Advisory Board to
develop and provide technical and financial assistance for
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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:
* * *
(7) To consult with the board as provided in [section
510 (relating to Nutrient Management Advisory Board).] 27
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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
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
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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
FARM ANIMAL ADVISORY BOARD
Sec.
801. Definitions.
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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
the Commonwealth.
"General CAFO permittee." An owner or operator of a CAFO
which has received approval from the department to operate under
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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.
(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,
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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
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.
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(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
permits.
(4) To assist the secretary and the commission by
providing comments on regulatory proposals under section 804
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(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
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
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regulate animal operations.
Section 6. This act shall take effect in 60 days.
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