Regular Session 2021-2022 House Bill 2034 P.N. 2344

PRINTER'S NO. 2344

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2034

Session of

2021

INTRODUCED BY KENYATTA, BULLOCK, RABB, SANCHEZ, HILL-EVANS,

STURLA, D. WILLIAMS, KIRKLAND AND N. NELSON, OCTOBER 29, 2021

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

OCTOBER 29, 2021

AN ACT

Amending Title 27 (Environmental Resources) of the Pennsylvania

Consolidated Statutes, in preliminary provisions, providing

for the Environmental Justice Advisory Board.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 27 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 9

ENVIRONMENTAL JUSTICE ADVISORY BOARD

Sec.

901. Definitions.

902. Establishment of board.

903. Board membership and duties.

904. Voting.

905. Officers.

906. Office of Environmental Justice.

907. Election of officers.

908. Standing committees.

909. Meetings.

910. Outside presentations.

911. Written notice.

912. Board presentation.

§ 901. 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 Environmental Justice Advisory Board

established under section 902 (relating to establishment of

board).

"Department." The Department of Environmental Protection of

the Commonwealth.

"Secretary." The Secretary of Environmental Protection of

the Commonwealth.

§ 902. Establishment of board.

The Environmental Justice Advisory Board is established in

the department for the purpose of recommending the adoption,

amendment or repeal of rules, regulations, standards, criteria,

policies, guidance and procedures as necessary and advisable for

the implementation of the department's environmental justice

programs and recommendations.

§ 903. Board membership and duties.

(a) Membership.--The board shall consist of 15 members from

a broad representation of interests, including, but not limited

to:

(1) private citizens from low-income and minority

communities;

(2) regulated entities;

(3) local governments;

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(4) environmentalists;

(5) academia; and

(6) industry.

(b) Appointment and term.--The secretary shall appoint or

reappoint members of the board at the discretion of the

secretary for a term of two years. The chairperson shall be

elected by a simple majority of the board under section 907

(relating to election of officers).

meetings without prior notice to the chairperson may be

recommended for removal upon a vote of the board. The

chairperson shall make the recommendation under this subsection

to the secretary. In the event the individual recommended for

removal under this subsection is the chairperson, the vice

chairperson shall preside over the board and make the

recommendation to the secretary under this subsection.

(d) Vacancy.--The secretary may, at any time, fill any

vacancy on the board.

(e) Proxy.--Board members shall be permitted to vote through

a proxy vote on issues that have previously been discussed or

distributed. Proxies shall be submitted in writing through email

or delivery of documents prior to the vote to the attention of

the board.

(f) Participation in meeting by telephone and other means.--

One or more members of the board may participate in a meeting of

the board by conference telephone or similar communications

equipment by which all board members participating in the

meeting can hear each other. All board members participating

under this subsection shall be deemed present in person at the

meeting.

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§ 904. Voting.

Members shall be entitled to one vote, in person, on all

matters that come before the board. A quorum for voting requires

the presence of a majority of the board members. An affirmative

vote is a majority of the board members present. Board members

are permitted to vote via a proxy vote in accordance with

section 903(e) (relating to board membership and duties). No

action may be taken on a specific matter unless the meeting and

agenda meet the requirements of 65 Pa.C.S. Ch. 7 (relating to

open meetings).

§ 905. Officers.

(a) Assignment.--The officers of the board shall be a

chairperson and a vice chairperson, appointed under section

903(b) (relating to board membership and duties).

(b) Duty of chairperson.--It shall be the duty of the

chairperson to:

(1) Preside at all meetings of the board.

(2) Call special meetings of the board.

(3) Perform such other duties as pertain to the office

of chairperson.

vice chairperson to perform the duties of the chairperson in the

event of the absence of the chairperson. The vice chairperson

shall also assist the chairperson in the performance of duties

as may be assigned by the chairperson.

(d) Term of office.--Each member of the board shall serve a

term of two calendar years or until a successor is elected.

§ 906. Office of Environmental Justice.

The secretary shall assign appropriate staffing to the board

as necessary for any secretarial duties of the board. The Office

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of Environmental Justice within the department shall perform the

following duties:

(1) provide timely notice of meetings and standing

committee meetings to the affected board members and public;

(2) record, transcribe and maintain a permanent file of

all transactions and minutes of the board;

(3) receive, prepare and transmit all incoming and

outgoing correspondence of the board and maintain a permanent

file of the correspondence; and

(4) perform other duties as may be requested by the

board.

§ 907. Election of officers.

The officers of the board may be elected at any meeting or

special meeting of the board where a quorum has been attained

under section 904 (relating to voting). Officers under section

905(a) (relating to officers) shall be elected by a simple

majority of those board members present at any meeting where a

quorum has been attained, provided that a written notice of the

election shall be sent to each board member at least one week

prior to the meeting.

§ 908. Standing committees.

The board may create committees and establish guidelines for

committee operations as the board deems necessary.

§ 909. Meetings.

The board shall meet quarterly. Regular meeting dates shall

be established on an annual basis. Alternate meeting dates and

additional meetings shall be called by the chairperson or at the

request of the department. Subcommittee meetings shall be called

by subcommittee chairpersons with notification to the board.

§ 910. Outside presentations.

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Outside presentations such as speakers, films and other

methods may be allowed at the discretion of the chairperson. Any

member of the board may request a vote of the board as to

determine whether a presentation shall be permitted.

§ 911. Written notice.

(a) Acceptable methods.--Written notice, when required to be

provided under this chapter, may be provided in the following

methods to the address or number supplied by the board for the

purpose of notice:

(1) in person;

(2) by sending a copy of the notice by first class mail

or by facsimile transmission; or

(3) by email.

(b) Mailbox rule.--If notice under subsection (a) is

provided by mail, it shall be deemed to have been given when

deposited in the United States mail or with a telegraph office

or courier service for delivery. If notice is provided by

facsimile transmission or by email, it shall be deemed given

when dispatched.

place, day and hour of the meeting and any other information

required by statute or these bylaws.

§ 912. Board presentation.

The board shall act as a body in all matters and only the

chairperson or the chairperson's designated spokesperson shall

communicate with the secretary or third parties on behalf of the

board. Board members may meet with the secretary or third

parties in their individual capacity.

Section 2. This act shall take effect in 60 days.

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