PRINTER'S NO. 436
No. 410 Session of 2005
INTRODUCED BY M. WHITE, MUSTO, STOUT, PILEGGI, GORDNER,
WONDERLING, O'PAKE, FERLO, ERICKSON, KITCHEN, KASUNIC, COSTA,
ORIE, BOSCOLA, RAFFERTY AND PIPPY, MARCH 21, 2005
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 21, 2005
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
21 Natural Resources and the Department of Environmental
1 [Resources] Protection; creating the Environmental Education
2 Fund; and providing for the disposition of a portion of
3 certain fines and penalties.
4 Section 2. Declaration of policy.
5 The General Assembly finds and declares as follows:
6 (1) Section 27 of Article I of the Constitution of
7 Pennsylvania states that: "The people have a right to clean
8 air, pure water, and to the preservation of the natural,
9 scenic, historic and esthetic values of the environment.
10 Pennsylvania's public natural resources are the common
11 property of all the people, including generations yet to
12 come. As trustee of these resources, the Commonwealth shall
13 conserve and maintain them for the benefit of all the
14 people."
15 (2) [The State Board of Education has recognized the
16 study of the environment as an essential component of basic
17 education for graduating students. The regulations of the
18 board which pertain to curriculum identify the knowledge and
19 understanding of the environment as one of the goals of a
20 quality education.] The State Board of Education has adopted
21 environment and ecology curriculum standards identifying the
22 concepts and understanding that students in kindergarten
23 through grade 12 must attain at each level.
24 (3) The Department of Education has primary
25 responsibility for formal environmental education within this
26 Commonwealth's schools. A quality education should provide
27 each student with knowledge of natural and human resources,
28 an understanding of geographic environments, knowledge of the
29 interrelationships and interdependence of natural and human
30 systems, the development of environmental problem solving and
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1 management skills and knowledge of and appropriate uses of
2 energy.
3 (4) The Department of Environmental [Resources has a
4 responsibility to help the public understand the
5 environmental laws as well as the roles of individuals,
6 groups, institutions, industry and government in finding
7 solutions to this Commonwealth's environmental problems and
8 the prevention of new problems.] Protection and the
9 Department of Conservation and Natural Resources have
10 responsibility for adult and nonformal environmental
11 education and a support role in basic and higher education.
12 As part of its mission, the Department of Environmental
13 Protection shall provide environmental education support to
14 adults, businesses, local officials and farmers, emphasizing
15 environmental stewardship related to environmental laws,
16 pollution reduction and prevention and environmental problem
17 solving.
18 [(5) The third week of October is recognized each year
19 as "Pennsylvania Environmental Education Week" as a means to
20 promote environmental education.
21 (6) The 20th Anniversary celebration of "Earth Day"
22 heralded the 1990's as the "Decade of the Environment." In
23 order to meet the challenges of this decade, citizens of this
24 Commonwealth will need the knowledge and skills to make
25 informed decisions as consumers and voters to help protect
26 the environment and prevent pollution.
27 (7) It is the policy of this Commonwealth that
28 environmental education is critically important to encourage
29 a citizenry which has the ability to help promote a healthy
30 environment and an understanding of the functioning of the
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1 natural world and the necessity for environmental protection
2 and sound resource management.]
3 (5) The annual celebration of Earth Day is an
4 opportunity for every citizen in this Commonwealth to reflect
5 on our accomplishments in protecting the environment and on
6 the challenges we face in creating an environmentally aware
7 citizenry and sustainable communities.
8 (6) Environmental education is critical to promoting a
9 healthy environment and citizenry, sustainable communities
10 and to the growth of Pennsylvania's economy.
11 (7) A Pennsylvania Center for Environmental Education is
12 essential to help identify the resources and products needed
13 to comply with the environment and ecology standards, to
14 assess the environmental knowledge and understanding of the
15 public, to avoid duplication in the creation and delivery of
16 environmental education programs to create an informed
17 citizenry and sustainable communities.
18 Section 3. Legislative purpose.
19 It is the purpose of this act to:
20 (1) authorize and require the Department of Education,
21 the Department of Conservation and Natural Resources and the
22 Department of Environmental [Resources] Protection to develop
23 and implement environmental education programs for the
24 citizens of this Commonwealth[;] and to provide leadership,
25 services, funding and accountability for environmental
26 education;
27 (2) encourage the environmental education efforts of
28 other agencies where appropriate, including, but not limited
29 to, those of the county conservation districts, the
30 Pennsylvania Fish and Boat Commission, the Game Commission,
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1 [the Pennsylvania Energy Office,] the Department of
2 Agriculture, the Department of [Commerce, the Department of
3 Community Affairs,] Community and Economic Development, the
4 Department of General Services and the Department of
5 Transportation; [and]
6 (3) create and establish the Advisory Council on
7 Environmental Education within the Department of
8 Education[.]; and
9 (4) establish the Pennsylvania Center for Environmental
10 Education to support the environmental education efforts of
11 State agencies, county conservation districts, formal and
12 nonformal educators and nonprofit organizations.
13 Section 2. The act is amended by adding a section to read:
14 Section 3.1. Pennsylvania Center for Environmental Education.
15 (a) Establishment.--There is hereby established the
16 Pennsylvania Center for Environmental Education within the State
17 System of Higher Education to identify needs for environmental
18 education, promote research and development of programs and
19 involve stakeholders.
20 (b) Duties.--The Pennsylvania Center for Environmental
21 Education shall have the following duties:
22 (1) To promote the formation of partnerships with formal
23 and nonformal educators, schools, agencies, public officials,
24 county conservation districts, business, industry, nonprofit
25 citizen and environmental education organizations the purpose
26 of which is:
27 (i) To inventory and disseminate existing
28 environmental education materials, program and training
29 opportunities to agencies, organizations, educators and
30 the public.
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1 (ii) To identify the need for and advise on the
2 development of new curriculum, preservice and continuing
3 teacher training and education programs related to
4 environmental education and to support efforts to develop
5 programs and materials to meet those needs.
6 (iii) To evaluate the effectiveness of existing
7 environmental education programs.
8 (iv) To help to facilitate the active implementation
9 of the environment and ecology standards adopted by the
10 State Board of Education.
11 (v) To promote both Statewide and regional solutions
12 to environmental education needs to maximize the
13 effective use of existing resources.
14 (vi) To work with State agencies in the development
15 of new educational tools where environmental education
16 needs are identified.
17 (2) To inventory, disseminate and generate environmental
18 education-related research, including an environmental
19 readiness assessment of public knowledge, attitudes and
20 behaviors related to environmental concerns and concepts
21 every five years to help determine educational needs.
22 (3) To establish an Internet-based resources network to
23 make environmental information available and to provide
24 training and education opportunities for educators and
25 Pennsylvania's citizenry.
26 (4) To actively seek public and private sources of
27 funding to help support activities by the Pennsylvania Center
28 for Environmental Education and its project partners.
29 (c) Organization.--
30 (1) The Pennsylvania Center for Environmental Education
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1 is established within the State System of Higher Education.
2 (2) The State System of Higher Education may hire such
3 employees and contract with other entities as it determines
4 to undertake its responsibilities to the extent available
5 funds allow.
6 (d) Pennsylvania Center for Environmental Education Board
7 established.--
8 (1) To oversee the operations of the Pennsylvania Center
9 for Environmental Education in performing its duties, a
10 Pennsylvania Center for Environmental Education Board is
11 hereby established. The board shall consist of the following
12 nine representatives:
13 (i) Representatives of the Department of
14 Environmental Protection, the Department of Conservation
15 and Natural Resources and the Department of Education.
16 (ii) Six representatives appointed by the State
17 System of Higher Education. These representatives shall
18 be chosen from among the business, agricultural,
19 environmental, conservation, basic and higher education
20 communities or from among any community which the
21 appointing authority deems will further the purposes of
22 environmental education in this Commonwealth.
23 Representatives selected shall serve terms of four years.
24 Of the representatives first appointed by the appointing
25 authority, three shall serve for terms of two years and
26 three shall serve for terms of four years.
27 Representatives, upon expiration of their term, shall
28 continue to serve until a successor is appointed.
29 Vacancies shall be filled for the remainder of an
30 unexpired term in the same manner as original
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1 appointments.
2 (2) The board shall meet at least semiannually to
3 establish priorities, adopt an annual work plan and review
4 and approve activities of the center and shall elect a
5 chairperson.
6 (3) Expenses of the board shall be paid by the State
7 System of Higher Education from funds appropriated for the
8 Pennsylvania Center for Environmental Education.
9 Section 3. Sections 4, 5, 6 and 7 of the act are amended to
10 read:
11 Section 4. Powers and duties of Department of Education.
12 The Department of Education shall have the following powers
13 and duties:
14 (1) To conduct a periodic evaluation of school-based
15 environmental education in this Commonwealth.
16 (2) To provide assistance, support and resource
17 information to educators, students and public and private
18 education agencies and organizations on environmental
19 education programs.
20 (3) To identify, recognize and establish awards for
21 exemplary environmental education curricula developed in
22 Commonwealth schools.
23 (4) To increase inclusion of environmental education in
24 elementary, science and social studies teacher preparation.
25 (5) To continue to identify the programs, resources and
26 products needed for the inclusion of the Environment and
27 Ecology Standards in school curriculum and to assess these
28 through the current Pennsylvania System of School Assessment
29 test (PSSA).
30 Section 5. Powers and duties of Department of Environmental
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1 [Resources] Protection.
2 The Department of Environmental [Resources] Protection shall
3 have the following powers and duties:
4 [(1) To conduct a periodic evaluation of the status of
5 environmental education taking place in the nonformal sector
6 (outside of the classroom) in this Commonwealth.
7 (2) To maintain an inventory of environmental education
8 materials, programs and resources available in Commonwealth
9 agencies.
10 (3) To use the department's environmental education
11 centers as outreach facilities to bring youth and adult
12 education programs into communities and schools, focusing on
13 environmental issues of importance to the Commonwealth.
14 (4) To provide such grants as the Secretary of
15 Environmental Resources after consultation with the Secretary
16 of Education shall, in his discretion, approve to the
17 following: public and private schools for youth environmental
18 education, conservation and education organizations and
19 institutions for the purposes of providing environmental
20 education training to teachers, county conservation districts
21 and Bureau of State Parks Environmental Education Program.]
22 (1) To provide such grants as the Secretary of
23 Environmental Protection, after consultation with the
24 Secretary of Education, shall, in the Secretary of
25 Environmental Protection's discretion, approve to the
26 following: public and private schools, conservation and
27 education organizations and institutions, businesses and
28 nonprofit organizations and associations, county conservation
29 districts and the Department of Conservation and Natural
30 Resources for the purposes of providing environmental
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1 education.
2 [(5)] (2) To prepare a guidance document, in
3 consultation with the Secretary of Education, for
4 administering the grants. [The department shall make the
5 document available for public review and comment by
6 publication in the Pennsylvania Bulletin.]
7 Section 6. Environmental Education Report.
8 The [Secretary of Education and the Secretary of
9 Environmental Resources] Pennsylvania Center for Environmental
10 Education shall prepare a periodic report to the Governor and
11 the General Assembly outlining environmental education programs
12 and achievements, highlighting new initiatives and recommending
13 future program needs.
14 Section 7. The Advisory Council on Environmental Education.
15 (a) Duties.--There is hereby created an Advisory Council on
16 Environmental Education within the Department of Education. The
17 advisory council shall:
18 (1) Make recommendations to the Secretary of Education,
19 the Secretary of Conservation and Natural Resources and the
20 Secretary of Environmental [Resources] Protection with
21 respect to the use of any funds used to support environmental
22 education activities.
23 (2) Advise and assist the Secretary of Education, the
24 Secretary of Conservation and Natural Resources and the
25 Secretary of Environmental [Resources] Protection in carrying
26 out environmental education activities.
27 (3) Advise and assist the Secretary of Education, the
28 Secretary of Conservation and Natural Resources and the
29 Secretary of Environmental [Resources] Protection in
30 conducting a continual evaluation of the trends and needs in
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1 environmental education.
2 (4) Make recommendations to the Secretary of Education,
3 the Secretary of Conservation and Natural Resources [and the
4 Secretary of Environmental Resources], the Secretary of
5 Environmental Protection and the Pennsylvania Center for
6 Environmental Education to help foster environmental
7 education programs.
8 (5) Make recommendations to the Secretary of
9 Conservation and Natural Resources and the Secretary of
10 Environmental [Resources] Protection on the distribution of
11 available grant moneys.
12 (b) Composition.--Council membership shall consist of [13]
13 16 members as follows:
14 (1) the Secretary of Education or his designee;
15 (2) the Secretary of Environmental [Resources]
16 Protection or his designee;
17 (2.1) the Secretary of Conservation and Natural
18 Resources or his designee;
19 (3) the Secretary of Agriculture or his designee; and
20 (4) [ten] 12 members appointed as follows:
21 (i) Three members representing Statewide or regional
22 environmental organizations appointed by the Secretary of
23 Environmental [Resources] Protection.
24 (ii) Two members representing Statewide or regional
25 business, industry or landowners' organizations appointed
26 by the Secretary of [Commerce] Community and Economic
27 Development.
28 (iii) Three members representing basic education
29 appointed by the Secretary of Education, one of which is
30 a vocational agricultural teacher appointed by the
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1 Secretary of Education.
2 (iv) One member representing higher education
3 appointed by the Chancellor of the State System of Higher
4 Education.
5 (v) One member representing a Statewide or regional
6 general agricultural organization appointed by the
7 Secretary of Agriculture.
8 (vi) Two members representing conservation and
9 natural resource interests appointed by the Secretary of
10 Conservation and Natural Resources.
11 (c) Appointment, terms and expenses.--The [ten] 12 council
12 members shall be appointed for five-year terms. The initial term
13 of four of the council members shall be for one year, the
14 initial term of four members shall be for three years, and the
15 initial term of the remainder shall be for five years. A member
16 may be appointed for more than one term and shall serve until a
17 successor has been appointed. Members shall not be compensated
18 but shall be reimbursed for actual expenses in accordance with
19 the rules of the Executive Board.
20 (d) Officers and bylaws.--The council shall convene at least
21 [biannually] semiannually, shall elect a chairperson and a vice-
22 chairperson to serve a one-year term and shall adopt bylaws for
23 governing its operations.
24 (e) Staff.--The Secretary of Education shall designate such
25 staff as may be necessary for the operation of the council.
26 Section 4. The act is amended by adding a section to read:
27 Section 7.1. Environmental Education Week.
28 The third week in November each year shall be designated
29 Environmental Education Week to promote environmental education
30 throughout this Commonwealth.
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1 Section 5. Section 8 of the act is amended to read:
2 Section 8. Environmental Education Fund.
3 [(a) Establishment.--]There is hereby created a special
4 nonlapsing fund in the State Treasury to be known as the
5 Environmental Education Fund. An amount equal to 5% of the
6 moneys collected annually from fines, natural resource damage
7 settlements and penalties deposited in special funds or
8 restricted revenue accounts administered by the Department of
9 Environmental [Resources] Protection shall be deposited in this
10 fund. This annual allocation amount shall be based upon the
11 amounts collected in the previous fiscal year. All moneys placed
12 in the fund and the interest it accrues are hereby appropriated,
13 upon authorization by the Governor, to the Department of
14 Environmental [Resources] Protection and the Department of
15 Conservation and Natural Resources to accomplish the purposes of
16 this act. [Beginning in fiscal year 1992-1993, and each year
17 thereafter, moneys appropriated to the department under this
18 section shall not affect and are in addition to funding for
19 environmental education programs administered by the department
20 and the Department of Education that are in existence prior to
21 passage of this act.
22 (b) Return of certain moneys.--On June 30 of each fiscal
23 year any funds in the Environmental Education Fund in excess of
24 an amount equal to twice the average of expenditures for the
25 three prior fiscal years from the Environmental Education Fund
26 shall be returned to the special funds or restricted revenue
27 accounts from which those funds were originally transferred.]
28 Section 6. The addition of section 3.1 of the act shall
29 expire in seven years.
30 Section 7. This act shall take effect immediately.
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