Regular Session 2017-2018 Senate Bill 1171 P.N. 2104

HOUSE AMENDED

PRIOR PRINTER'S NOS. 1754, 1779, 1893,

2052

PRINTER'S NO. 2104

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 SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

OCTOBER 16, 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 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 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

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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

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

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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) AND

703 OF TITLE 27 ARE AMENDED TO READ:

§ 702. Establishment of board.

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(b) Members.--The following persons shall comprise the

board:

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(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

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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]

DEPARTMENT 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 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).] CONSULT WITH THE DEPARTMENT ON NEW

DEPARTMENTAL POLICY AND REVISIONS TO EXISTING DEPARTMENTAL

POLICY AND ON PROPOSED TECHNICAL GUIDANCE THAT WILL AFFECT

AGRICULTURE IN THIS COMMONWEALTH.

(4) [PROVIDE COMMENT TO THE SECRETARY REGARDING EXISTING

DEPARTMENTAL POLICY, PERMITTING, TECHNICAL GUIDANCE AND

REGULATIONS AFFECTING AGRICULTURE IN THIS COMMONWEALTH.]

CONSULT WITH THE DEPARTMENT ON PROPOSED REGULATIONS AND

PROPOSED GENERAL PERMITS THAT REGULATE AGRICULTURE IN THIS

COMMONWEALTH.

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(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).

SECTION 2.1. SECTION 704(A) AND (B) OF TITLE 27 ARE AMENDED

AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 704. REVIEW OF REGULATIONS AND OTHER DOCUMENTS.

(A) NOTICE TO BOARD.--

(1) THE DEPARTMENT SHALL NOTIFY OF AND PROVIDE THE BOARD

[OF THE DEVELOPMENT OF] WITH ANY REGULATORY PROPOSAL, PERMIT,

TECHNICAL GUIDANCE OR DEPARTMENTAL POLICY OR PROPOSED GENERAL

PERMIT 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

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

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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.] OR ANY

PROPOSED TECHNICAL GUIDANCE THAT WOULD AFFECT AGRICULTURE.

(B.1) BOARD REVIEW.--THE DEPARTMENT MAY NOT PUBLISH ANY

PROPOSED REGULATION OR PROPOSED GENERAL PERMIT THAT REGULATES

AGRICULTURE OR PROPOSED TECHNICAL GUIDANCE THAT AFFECTS

AGRICULTURE PRIOR TO:

(1) CONSULTATION WITH THE BOARD IN THE FORMULATION OF

THE PROPOSED REGULATION, PROPOSED GENERAL PERMIT OR PROPOSED

TECHNICAL GUIDANCE, AS REFLECTED IN THE MINUTES OR BY WRITTEN

COMMENTS OF THE BOARD; OR

(2) SIXTY DAYS FROM THE DATE WHEN THE PROPOSED

REGULATION, PROPOSED GENERAL PERMIT OR PROPOSED TECHNICAL

GUIDANCE WAS PROVIDED UNDER SUBSECTION (A), UNLESS THE BOARD

SOONER DECIDES BY MAJORITY VOTE THAT NO CONSULTATION UNDER

PARAGRAPH (1) IS REQUIRED.

* * *

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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