PRINTER'S NO. 160
No. 356 Session of 2007
INTRODUCED BY M. WHITE, MUSTO, BOSCOLA, STOUT, TOMLINSON, BRUBAKER, FONTANA, KITCHEN, ERICKSON, WONDERLING, KASUNIC, GREENLEAF, COSTA, RHOADES, O'PAKE, GORDNER, FERLO, BROWNE AND MADIGAN, MARCH 5, 2007
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 5, 2007
AN ACT 1 Amending the act of June 22, 1993 (P.L.105, No.24), entitled "An 2 act providing for environmental education programs; providing 3 for further duties of the Department of Education and the 4 Department of Environmental Resources; creating the 5 Environmental Education Fund; and providing for the 6 disposition of a portion of certain fines and penalties," 7 providing for the establishment of the Pennsylvania Center 8 for Environmental Education and the Pennsylvania Center for 9 Environmental Education Board; and making editorial changes. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. The title and sections 2 and 3 of the act of June 13 22, 1993 (P.L.105, No.24), known as the Environmental Education 14 Act, are amended to read: 15 AN ACT 16 Providing for environmental education programs; providing for 17 the establishment of the Pennsylvania Center for 18 Environmental Education and the Pennsylvania Center for 19 Environmental Education Board and for further duties of the 20 Department of Education, the Department of Conservation and
1 Natural Resources and the Department of Environmental 2 [Resources] Protection; creating the Environmental Education 3 Fund; and providing for the disposition of a portion of 4 certain fines and penalties. 5 Section 2. Declaration of policy. 6 The General Assembly finds and declares as follows: 7 (1) Section 27 of Article I of the Constitution of 8 Pennsylvania states that: "The people have a right to clean 9 air, pure water, and to the preservation of the natural, 10 scenic, historic and esthetic values of the environment. 11 Pennsylvania's public natural resources are the common 12 property of all the people, including generations yet to 13 come. As trustee of these resources, the Commonwealth shall 14 conserve and maintain them for the benefit of all the 15 people." 16 (2) [The State Board of Education has recognized the 17 study of the environment as an essential component of basic 18 education for graduating students. The regulations of the 19 board which pertain to curriculum identify the knowledge and 20 understanding of the environment as one of the goals of a 21 quality education.] The State Board of Education has adopted 22 environment and ecology curriculum standards identifying the 23 concepts and understanding that students in kindergarten 24 through grade 12 must attain at each level. 25 (3) The Department of Education has primary 26 responsibility for formal environmental education within this 27 Commonwealth's schools. A quality education should provide 28 each student with knowledge of natural and human resources, 29 an understanding of geographic environments, knowledge of the 30 interrelationships and interdependence of natural and human 20070S0356B0160 - 2 -
1 systems, the development of environmental problem solving and 2 management skills and knowledge of and appropriate uses of 3 energy. 4 (4) The Department of Environmental [Resources has a 5 responsibility to help the public understand the 6 environmental laws as well as the roles of individuals, 7 groups, institutions, industry and government in finding 8 solutions to this Commonwealth's environmental problems and 9 the prevention of new problems.] Protection and the 10 Department of Conservation and Natural Resources have 11 responsibility for adult and nonformal environmental 12 education and a support role in basic and higher education. 13 The Department of Environmental Protection shall provide 14 environmental education support to adults, businesses, local 15 officials and farmers, emphasizing environmental stewardship 16 related to environmental laws, pollution reduction and 17 prevention, sustainable energy issues and environmental 18 problem solving. 19 [(5) The third week of October is recognized each year 20 as "Pennsylvania Environmental Education Week" as a means to 21 promote environmental education. 22 (6) The 20th Anniversary celebration of "Earth Day" 23 heralded the 1990's as the "Decade of the Environment." In 24 order to meet the challenges of this decade, citizens of this 25 Commonwealth will need the knowledge and skills to make 26 informed decisions as consumers and voters to help protect 27 the environment and prevent pollution. 28 (7) It is the policy of this Commonwealth that 29 environmental education is critically important to encourage 30 a citizenry which has the ability to help promote a healthy 20070S0356B0160 - 3 -
1 environment and an understanding of the functioning of the 2 natural world and the necessity for environmental protection 3 and sound resource management.] 4 (5) The annual celebration of Earth Day is an 5 opportunity for every citizen in this Commonwealth to reflect 6 on our accomplishments in protecting the environment and on 7 the challenges we face in creating an environmentally aware 8 citizenry and sustainable communities. 9 (6) Environmental education is critical to promoting a 10 healthy environment and citizenry, sustainable communities 11 and to the growth of Pennsylvania's economy. 12 (7) A Pennsylvania Center for Environmental Education is 13 an essential component to help to identify the resources and 14 products needed to comply with the environment and ecology 15 standards, to assess the environmental knowledge and 16 understanding of the public, to avoid duplication in the 17 creation and delivery of environmental education programs to 18 create an informed citizenry and sustainable communities. 19 Section 3. Legislative purpose. 20 It is the purpose of this act to: 21 (1) authorize and require the Department of Education, 22 the Department of Conservation and Natural Resources and the 23 Department of Environmental [Resources] Protection to develop 24 and implement environmental education programs for the 25 citizens of this Commonwealth[;] and to provide leadership, 26 services, funding and accountability for environmental 27 education; 28 (2) encourage the environmental education efforts of 29 other agencies where appropriate, including, but not limited 30 to, those of the county conservation districts, the 20070S0356B0160 - 4 -
1 Pennsylvania Fish and Boat Commission, the Game Commission, 2 [the Pennsylvania Energy Office,] the Department of 3 Agriculture, the Department of [Commerce, the Department of 4 Community Affairs,] Community and Economic Development, the 5 Department of General Services and the Department of 6 Transportation; [and] 7 (3) create and establish the Advisory Council on 8 Environmental Education within the Department of 9 Education[.]; and 10 (4) establish the Pennsylvania Center for Environmental 11 Education to support the environmental education efforts of 12 State agencies, county conservation districts, formal and 13 nonformal educators and nonprofit organizations. 14 Section 2. The act is amended by adding a section to read: 15 Section 3.1. Pennsylvania Center for Environmental Education. 16 (a) Establishment.--There is hereby established the 17 Pennsylvania Center for Environmental Education within the State 18 System of Higher Education which will help to identify the needs 19 for environmental education, promote research and development of 20 programs for nonformal educators and involve stakeholders. 21 (b) Duties.--The Pennsylvania Center for Environmental 22 Education shall have the following duties: 23 (1) To promote the formation of partnerships with formal 24 and nonformal educators, schools, agencies, public officials, 25 county conservation districts, business, industry, nonprofit 26 citizen and environmental education organizations the purpose 27 of which is: 28 (i) To assist with the dissemination of existing 29 environmental education materials, program and training 30 opportunities to agencies, organizations, educators and 20070S0356B0160 - 5 -
1 the public. 2 (ii) To provide preservice and nonformal educator 3 programs related to environmental education and support 4 efforts to disseminate materials to meet those needs. 5 (iii) To assist in evaluating the effectiveness of 6 nonformal environmental education programs. 7 (iv) To help to facilitate the active implementation 8 of the environment and ecology standards adopted by the 9 State Board of Education. 10 (v) To promote both Statewide and regional solutions 11 to environmental education needs to maximize the 12 effective use of existing resources. 13 (vi) To work with State agencies in the development 14 of new educational tools where environmental education 15 needs are identified. 16 (2) To inventory, disseminate and generate environmental 17 education-related research, including an environmental 18 readiness assessment of public knowledge, attitudes and 19 behaviors related to environmental concerns and concepts 20 every five years to help determine educational needs. 21 (3) To establish an Internet-based resources network to 22 make environmental information available and to provide 23 training and education opportunities for educators and 24 Pennsylvania's citizenry. 25 (4) To actively seek public and private sources of 26 funding to help support activities by the Pennsylvania Center 27 for Environmental Education and its project partners. 28 (c) Organization.-- 29 (1) The Pennsylvania Center for Environmental Education 30 is established within the State System of Higher Education. 20070S0356B0160 - 6 -
1 (2) The State System of Higher Education may, in 2 consultation with the Pennsylvania Center for Environmental 3 Education Board, hire such employees and contract with other 4 entities as it determines to undertake its responsibilities 5 to the extent available funds allow. All staff hiring, 6 firing, staff and program evaluations and fiscal 7 accountability will follow State System of Higher Education 8 procedures and practices. 9 (d) Pennsylvania Center for Environmental Education Board 10 established.-- 11 (1) To oversee and assess the operations of the 12 Pennsylvania Center for Environmental Education in performing 13 its duties, a Pennsylvania Center for Environmental Education 14 Board is hereby established. The board shall consist of the 15 following nine representatives: 16 (i) The secretary or his designee from each of the 17 following: the Department of Environmental Protection, 18 the Department of Conservation and Natural Resources and 19 the Department of Education. 20 (ii) Six representatives appointed by the Chancellor 21 of the State System of Higher Education. These 22 representatives shall be chosen from among the business, 23 agricultural, environmental, conservation, basic and 24 higher education communities or from among any community 25 which the appointing authority deems will further the 26 purposes of environmental education in this Commonwealth. 27 Representatives selected shall serve terms of four years. 28 Of the representatives first appointed by the appointing 29 authority, three shall serve for terms of two years and 30 three shall serve for terms of four years. 20070S0356B0160 - 7 -
1 Representatives, upon expiration of their term, shall 2 continue to serve until a successor is appointed. 3 Vacancies shall be filled for the remainder of an 4 unexpired term in the same manner as original 5 appointments. 6 (2) The board shall meet at least semiannually to 7 establish priorities, adopt an annual work plan and annual 8 budget, and review and approve activities of the center, and 9 shall elect a chairperson. 10 (3) Expenses of the board and the operation of the 11 Pennsylvania Center for Environmental Education shall be paid 12 by the State System of Higher Education from funds 13 appropriated by the General Assembly for the Pennsylvania 14 Center for Environmental Education. 15 Section 3. Sections 4, 5, 6, 7 and 8 of the act are amended 16 to read: 17 Section 4. Powers and duties of Department of Education. 18 The Department of Education shall have the following powers 19 and duties: 20 (1) To conduct a periodic evaluation of school-based 21 environmental education in this Commonwealth. 22 (2) To provide assistance, support and resource 23 information to educators, students and public and private 24 education agencies and organizations on environmental 25 education programs. 26 (3) To identify, recognize and establish awards for 27 exemplary environmental education curricula developed in 28 Commonwealth schools. 29 (4) To identify the need for the development of new 30 curriculum, preservice and continuing teacher professional 20070S0356B0160 - 8 -
1 development and education programs related to environmental 2 education and to support efforts to develop programs and 3 materials to meet those needs in collaboration with other 4 agencies, environmental organizations or associations. 5 Section 5. Powers and duties of Department of Environmental 6 [Resources] Protection. 7 The Department of Environmental [Resources] Protection shall 8 have the following powers and duties: 9 [(1) To conduct a periodic evaluation of the status of 10 environmental education taking place in the nonformal sector 11 (outside of the classroom) in this Commonwealth. 12 (2) To maintain an inventory of environmental education 13 materials, programs and resources available in Commonwealth 14 agencies. 15 (3) To use the department's environmental education 16 centers as outreach facilities to bring youth and adult 17 education programs into communities and schools, focusing on 18 environmental issues of importance to the Commonwealth. 19 (4) To provide such grants as the Secretary of 20 Environmental Resources after consultation with the Secretary 21 of Education shall, in his discretion, approve to the 22 following: public and private schools for youth environmental 23 education, conservation and education organizations and 24 institutions for the purposes of providing environmental 25 education training to teachers, county conservation districts 26 and Bureau of State Parks Environmental Education Program.] 27 (1) To provide such grants as the Secretary of 28 Environmental Protection, after consultation with the 29 Secretary of Education, shall, in the Secretary of 30 Environmental Protection's discretion, approve to the 20070S0356B0160 - 9 -
1 following: public and private schools, conservation and 2 education organizations and institutions, businesses and 3 nonprofit organizations and associations, county conservation 4 districts and the Department of Conservation and Natural 5 Resources for the purposes of providing environmental 6 education. 7 [(5)] (2) To prepare a guidance document, in 8 consultation with the Secretary of Education, for 9 administering the grants. [The department shall make the 10 document available for public review and comment by 11 publication in the Pennsylvania Bulletin.] 12 Section 6. Environmental Education Report. 13 The Secretary of Education and the Secretary of Environmental 14 [Resources] Protection, with input from the Advisory Council on 15 Environmental Education and the Pennsylvania Center for 16 Environmental Education Board, shall prepare a [periodic] 17 biennial report to the Governor and the General Assembly 18 outlining environmental education programs and achievements, 19 highlighting new initiatives and recommending future program 20 needs. 21 Section 7. The Advisory Council on Environmental Education. 22 (a) Duties.--There is hereby created an Advisory Council on 23 Environmental Education within the Department of Education. The 24 advisory council shall: 25 (1) Make recommendations to the Secretary of Education, 26 the Secretary of Conservation and Natural Resources and the 27 Secretary of Environmental [Resources] Protection with 28 respect to the use of any funds used to support environmental 29 education activities. 30 (2) Advise and assist the Secretary of Education, the 20070S0356B0160 - 10 -
1 Secretary of Conservation and Natural Resources and the 2 Secretary of Environmental [Resources] Protection in carrying 3 out environmental education activities. 4 (3) Advise and assist the Secretary of Education, the 5 Secretary of Conservation and Natural Resources and the 6 Secretary of Environmental [Resources] Protection in 7 conducting a continual evaluation of the trends and needs in 8 environmental education. 9 (4) Make recommendations to the Secretary of Education, 10 the Secretary of Conservation and Natural Resources [and the 11 Secretary of Environmental Resources], the Secretary of 12 Environmental Protection and the Pennsylvania Center for 13 Environmental Education Board to help foster environmental 14 education programs. 15 (5) Make recommendations to the Secretary of 16 Conservation and Natural Resources and the Secretary of 17 Environmental [Resources] Protection on the distribution of 18 available grant moneys. 19 (b) Composition.--Council membership shall consist of [13] 20 16 members as follows: 21 (1) the Secretary of Education or his designee; 22 (2) the Secretary of Environmental [Resources] 23 Protection or his designee; 24 (2.1) the Secretary of Conservation and Natural 25 Resources or his designee; 26 (3) the Secretary of Agriculture or his designee; and 27 (4) [ten] 12 members appointed as follows: 28 (i) Three members representing Statewide or regional 29 environmental organizations appointed by the Secretary of 30 Environmental [Resources] Protection. 20070S0356B0160 - 11 -
1 (ii) Two members representing Statewide or regional 2 business, industry or landowners' organizations appointed 3 by the Secretary of [Commerce] Community and Economic 4 Development. 5 (iii) Three members representing basic education 6 appointed by the Secretary of Education, one of which is 7 a vocational agricultural teacher appointed by the 8 Secretary of Education. 9 (iv) One member representing higher education 10 appointed by the Chancellor of the State System of Higher 11 Education. 12 (v) One member representing a Statewide or regional 13 general agricultural organization appointed by the 14 Secretary of Agriculture. 15 (vi) Two members representing conservation and 16 natural resource interests appointed by the Secretary of 17 Conservation and Natural Resources. 18 (c) Appointment, terms and expenses.--The [ten] 12 council 19 members shall be appointed for five-year terms. The initial term 20 of four of the council members shall be for one year, the 21 initial term of four members shall be for three years, and the 22 initial term of the remainder shall be for five years. A member 23 may be appointed for more than one term and shall serve until a 24 successor has been appointed. Members shall not be compensated 25 but shall be reimbursed for actual expenses in accordance with 26 the rules of the Executive Board. 27 (d) Officers and bylaws.--The council shall convene at least 28 [biannually] semiannually, shall elect a chairperson and a vice- 29 chairperson to serve a one-year term and shall adopt bylaws for 30 governing its operations. 20070S0356B0160 - 12 -
1 (e) Staff.--The Secretary of Education shall designate such 2 staff as may be necessary for the operation of the council. 3 Section 8. Environmental Education Fund. 4 [(a) Establishment.--]There is hereby created a special 5 nonlapsing fund in the State Treasury to be known as the 6 Environmental Education Fund. An amount equal to 5% of the 7 moneys collected annually from fines, natural resource damage 8 settlements and penalties deposited in special funds or 9 restricted revenue accounts administered by the Department of 10 Environmental [Resources] Protection shall be deposited in this 11 fund. This annual allocation amount shall be based upon the 12 amounts collected in the previous fiscal year. All moneys placed 13 in the fund and the interest it accrues are hereby appropriated, 14 upon authorization by the Governor, to the Department of 15 Environmental [Resources] Protection and the Department of 16 Conservation and Natural Resources to accomplish the purposes of 17 this act. [Beginning in fiscal year 1992-1993, and each year 18 thereafter, moneys appropriated to the department under this 19 section shall not affect and are in addition to funding for 20 environmental education programs administered by the department 21 and the Department of Education that are in existence prior to 22 passage of this act. 23 (b) Return of certain moneys.--On June 30 of each fiscal 24 year any funds in the Environmental Education Fund in excess of 25 an amount equal to twice the average of expenditures for the 26 three prior fiscal years from the Environmental Education Fund 27 shall be returned to the special funds or restricted revenue 28 accounts from which those funds were originally transferred.] 29 Section 4. The addition of section 3.1 of the act shall 30 expire in seven years. 20070S0356B0160 - 13 -
1 Section 5. This act shall take effect immediately. L11L24RLE/20070S0356B0160 - 14 -