See other bills
under the
same topic
        PRIOR PRINTER'S NO. 3168                      PRINTER'S NO. 3314

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2302 Session of 2002


        INTRODUCED BY BUNT, DALEY, DeWEESE, S. MILLER, ADOLPH, ARGALL,
           ARMSTRONG, M. BAKER, BASTIAN, BELFANTI, CAPPELLI, CLYMER,
           M. COHEN, EGOLF, J. EVANS, FICHTER, FORCIER, GORDNER,
           GRUCELA, HARHAI, HENNESSEY, HERMAN, HERSHEY, HESS, HORSEY,
           HUTCHINSON, MAJOR, McGILL, McILHATTAN, R. MILLER, NAILOR,
           PALLONE, PHILLIPS, PICKETT, ROBERTS, ROSS, RUBLEY, SANTONI,
           SATHER, SAYLOR, SEMMEL, SHANER, B. SMITH, SOLOBAY, STERN,
           E. Z. TAYLOR, TIGUE, TRICH, WANSACZ, G. WRIGHT, YOUNGBLOOD
           AND STEELMAN, JANUARY 24, 2002

        AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 12, 2002

                                     AN ACT

     1  Amending the act of May 20, 1993 (P.L.38, No.11), entitled "An
     2     act establishing the Agricultural Advisory Board in the
     3     Department of Environmental Resources and prescribing its
     4     powers; and providing for review by the board of certain
     5     proposed rules and regulations," further providing for
     6     establishment of board; and making editorial changes.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  The title and section 1 of the act of May 20,
    10  1993 (P.L.38, No.11), known as the Department of Environmental
    11  Resources Agricultural Advisory Board Act, are amended to read:
    12                               AN ACT
    13  Establishing the Agricultural Advisory Board in the Department
    14     of Environmental [Resources] Protection and prescribing its
    15     powers; and providing for review by the board of certain
    16     proposed rules and regulations.

     1  Section 1.  Short title.
     2     This act shall be known and may be cited as the Department of
     3  Environmental [Resources] Protection Agricultural Advisory Board
     4  Act.
     5     Section 2.  The definitions of "department" and "secretary"
     6  in section 2 of the act are amended to read:
     7  Section 2.  Definitions.
     8     The following words and phrases when used in this act shall
     9  have the meanings given to them in this section unless the
    10  context clearly indicates otherwise:
    11     * * *
    12     "Department."  The Department of Environmental [Resources]
    13  Protection of the Commonwealth.
    14     * * *
    15     "Secretary."  The Secretary of Environmental [Resources]
    16  Protection of the Commonwealth.
    17     * * *
    18     Section 3.  Section 3 of the act is amended to read:
    19  Section 3.  Establishment of board.
    20     (a)  Creation.--There is hereby established in the Department
    21  of Environmental [Resources] Protection the Agricultural
    22  Advisory Board.
    23     (b)  Members.--The following persons shall comprise the
    24  board:
    25         (1)  Representatives of the Pennsylvania [Farmers
    26     Association] Farm Bureau, the Pennsylvania State Grange,
    27     PennAg Industries Association and the Pennsylvania Farmers
    28     Union. Each of these organizations shall annually name one
    29     person to represent it under this paragraph.
    30         (2)  A dairy producer, a livestock producer, a poultry
    20020H2302B3314                  - 2 -

     1     producer, a grain producer, a fruit producer, a vegetable
     2     producer, a representative of the ornamental horticultural
     3     industry, a producer engaged in sustainable agriculture and a
     4     representative from the agri-business industry. The Governor
     5     shall appoint these representatives to sit for a three-year
     6     term. Representatives appointed under this paragraph must
     7     receive a majority of their gross income from the activity
     8     which they represent.
     9         (3)  Representatives of the Pennsylvania Association of
    10     Conservation District Directors and The Pennsylvania State
    11     University. Each of these organizations shall annually name
    12     one person to represent it under this paragraph.
    13         (4)  Representatives of the Federal [Soil Conservation
    14     Service] Farm Service Agency and the Federal [Agricultural
    15     Stabilization and] Natural Resources Conservation Service.
    16     Each of these organizations shall annually name one person to
    17     represent it under this paragraph ex officio.
    18         (5)  Representatives of the Department of Agriculture and
    19     the Department of Environmental [Resources] Protection. Each
    20     department shall [annually name one person] NAME A DEPUTY      <--
    21     SECRETARY to represent it under this paragraph ex officio. IF  <--
    22     A NAMED DEPUTY SECRETARY IS UNABLE TO SERVE ON THE BOARD, THE
    23     DEPUTY SECRETARY MUST BE REPLACED BY ANOTHER DEPUTY SECRETARY
    24     OR BY THE SECRETARY OF THAT SAME DEPARTMENT.
    25         (6)  The chairman and the minority chairman of the
    26     Agriculture and Rural Affairs Committee of the Senate or
    27     their designees and the chairman and the minority chairman of
    28     the Agriculture and Rural Affairs Committee of the House of
    29     Representatives or their designees to represent the General
    30     Assembly [ex officio].
    20020H2302B3314                  - 3 -

     1     (c)  Chairman.--The BOARD SHALL ANNUALLY ELECT A BOARD         <--
     2  CHAIRMAN FROM AMONG THOSE members designated under subsection
     3  (b)(1) [shall annually rotate as board chairman], PROVIDED THAT   <--
     4  NO MEMBER SHALL SERVE AS CHAIRMAN FOR MORE THAN TWO CONSECUTIVE
     5  YEARS.
     6     (d)  Staff.--The Department of Environmental [Resources]
     7  Protection shall furnish the board with administrative support.
     8     Section 4.  This act shall take effect in 60 days.















    L19L03DMS/20020H2302B3314        - 4 -