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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 3168, 3314               PRINTER'S NO. 4585

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2302 Session of 2002


        INTRODUCED BY BUNT, DALEY, DeWEESE, S. MILLER, ADOLPH, ARGALL,
           T. 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

        SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE,
           AS AMENDED, NOVEMBER 13, 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


     1     proposed rules and regulations.
     2  Section 1.  Short title.
     3     This act shall be known and may be cited as the Department of
     4  Environmental [Resources] Protection Agricultural Advisory Board
     5  Act.
     6     Section 2.  The definitions of "department" and "secretary"
     7  in section 2 of the act are amended to read:
     8  Section 2.  Definitions.
     9     The following words and phrases when used in this act shall
    10  have the meanings given to them in this section unless the
    11  context clearly indicates otherwise:
    12     * * *
    13     "Department."  The Department of Environmental [Resources]
    14  Protection of the Commonwealth.
    15     * * *
    16     "Secretary."  The Secretary of Environmental [Resources]
    17  Protection of the Commonwealth.
    18     * * *
    19     Section 3.  Section 3 of the act is amended to read:
    20  Section 3.  Establishment of board.
    21     (a)  Creation.--There is hereby established in the Department
    22  of Environmental [Resources] Protection the Agricultural
    23  Advisory Board.
    24     (b)  Members.--The following persons shall comprise the
    25  board:
    26         (1)  Representatives of the Pennsylvania [Farmers
    27     Association] Farm Bureau, the Pennsylvania State Grange,
    28     PennAg Industries Association and the Pennsylvania Farmers
    29     Union. Each of these organizations shall annually name one
    30     person to represent it under this paragraph.
    20020H2302B4585                  - 2 -

     1         (2)  A dairy producer, a livestock producer, a poultry
     2     producer, a grain producer, a fruit producer, a vegetable
     3     producer, a representative of the ornamental horticultural
     4     industry, a producer engaged in sustainable agriculture, A     <--
     5     REPRESENTATIVE FROM THE AGRICULTURAL CHEMICAL MANUFACTURERS
     6     INDUSTRY and a representative from the agri-business
     7     industry. The Governor shall appoint these representatives to
     8     sit for a three-year term. Representatives appointed under
     9     this paragraph must receive a majority of their gross income
    10     from the activity which they represent.
    11         (3)  Representatives of the Pennsylvania Association of
    12     Conservation District Directors and The Pennsylvania State
    13     University. Each of these organizations shall annually name
    14     one person to represent it under this paragraph.
    15         (4)  Representatives of the Federal [Soil Conservation
    16     Service] Farm Service Agency and the Federal [Agricultural
    17     Stabilization and] Natural Resources Conservation Service.
    18     Each of these organizations shall annually name one person to
    19     represent it under this paragraph ex officio.
    20         (5)  Representatives of the Department of Agriculture and
    21     the Department of Environmental [Resources] Protection. Each
    22     department shall [annually name one person] name a deputy
    23     secretary to represent it under this paragraph ex officio. If
    24     a named deputy secretary is unable to serve on the board, the
    25     deputy secretary must be replaced by another deputy secretary
    26     or by the secretary of that same department.
    27         (6)  The chairman and the minority chairman of the
    28     Agriculture and Rural Affairs Committee of the Senate or
    29     their designees and the chairman and the minority chairman of
    30     the Agriculture and Rural Affairs Committee of the House of
    20020H2302B4585                  - 3 -

     1     Representatives or their designees to represent the General
     2     Assembly [ex officio].
     3     (c)  Chairman.--The board shall annually elect a board
     4  chairman from among those members designated under subsection     <--
     5  (b)(1) OR APPOINTED UNDER SUBSECTION (B)(1) AND (2) [shall        <--
     6  annually rotate as board chairman], provided that no member
     7  shall serve as chairman for more than two consecutive years.
     8     (d)  Staff.--The Department of Environmental [Resources]
     9  Protection shall furnish the board with administrative support.
    10     Section 4.  This act shall take effect in 60 days.














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