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HOUSE AMENDED
A10385
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1171
Session of
2018
INTRODUCED BY BROOKS, HUTCHINSON, VULAKOVICH, WAGNER AND BROWNE,
MAY 18, 2018
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 1, 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
organizations, one veterinary nutrition specialist, one
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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
have no power to promulgate regulations[, interim guidelines or
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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.
* * *
(b) Members.--The following persons shall comprise the
board:
* * *
(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
THREE-YEAR TERM. REPRESENTATIVES APPOINTED UNDER THIS
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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.
(B) EXEMPT REGULATIONS.--REGULATIONS SUBJECT TO REVIEW BY
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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
SHALL BE REFLECTED IN THE MINUTES OF THE BOARD.
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(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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