PRIOR PRINTER'S NO. 436 PRINTER'S NO. 785
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
SENATOR THOMPSON, APPROPRIATIONS, RE-REPORTED AS AMENDED,
MAY 9, 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
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
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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 As part of its mission, the THE Department of Environmental <--
14 Protection shall provide environmental education support to
15 adults, businesses, local officials and farmers, emphasizing
16 environmental stewardship related to environmental laws,
17 pollution reduction and prevention, SUSTAINABLE ENERGY ISSUES <--
18 and environmental 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
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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 essential to help AN ESSENTIAL COMPONENT TO HELP TO identify <--
14 the resources and products needed to comply with the
15 environment and ecology standards, to assess the
16 environmental knowledge and understanding of the public, to
17 avoid duplication in the creation and delivery of
18 environmental education programs to create an informed
19 citizenry and sustainable communities.
20 Section 3. Legislative purpose.
21 It is the purpose of this act to:
22 (1) authorize and require the Department of Education,
23 the Department of Conservation and Natural Resources and the
24 Department of Environmental [Resources] Protection to develop
25 and implement environmental education programs for the
26 citizens of this Commonwealth[;] and to provide leadership,
27 services, funding and accountability for environmental
28 education;
29 (2) encourage the environmental education efforts of
30 other agencies where appropriate, including, but not limited
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1 to, those of the county conservation districts, the
2 Pennsylvania Fish and Boat Commission, the Game Commission,
3 [the Pennsylvania Energy Office,] the Department of
4 Agriculture, the Department of [Commerce, the Department of
5 Community Affairs,] Community and Economic Development, the
6 Department of General Services and the Department of
7 Transportation; [and]
8 (3) create and establish the Advisory Council on
9 Environmental Education within the Department of
10 Education[.]; and
11 (4) establish the Pennsylvania Center for Environmental
12 Education to support the environmental education efforts of
13 State agencies, county conservation districts, formal and
14 nonformal educators and nonprofit organizations.
15 Section 2. The act is amended by adding a section to read:
16 Section 3.1. Pennsylvania Center for Environmental Education.
17 (a) Establishment.--There is hereby established the
18 Pennsylvania Center for Environmental Education within the State
19 System of Higher Education to identify WHICH WILL HELP TO <--
20 IDENTIFY THE needs for environmental education, promote research
21 and development of programs FOR NONFORMAL EDUCATORS and involve <--
22 stakeholders.
23 (b) Duties.--The Pennsylvania Center for Environmental
24 Education shall have the following duties:
25 (1) To promote the formation of partnerships with formal
26 and nonformal educators, schools, agencies, public officials,
27 county conservation districts, business, industry, nonprofit
28 citizen and environmental education organizations the purpose
29 of which is:
30 (i) To inventory and disseminate ASSIST WITH THE <--
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1 DISSEMINATION OF existing environmental education
2 materials, program and training opportunities to
3 agencies, organizations, educators and the public.
4 (ii) To identify the need for and advise on the <--
5 development of new curriculum, preservice and continuing
6 teacher training and education programs related to
7 environmental education and to support efforts to develop
8 programs and materials to meet those needs.
9 (iii) To evaluate the effectiveness of existing
10 environmental education programs.
11 (II) TO PROVIDE PRESERVICE AND NONFORMAL EDUCATOR <--
12 PROGRAMS RELATED TO ENVIRONMENTAL EDUCATION AND SUPPORT
13 EFFORTS TO DISSEMINATE MATERIALS TO MEET THOSE NEEDS.
14 (III) TO ASSIST IN EVALUATING THE EFFECTIVENESS OF
15 NONFORMAL ENVIRONMENTAL EDUCATION PROGRAMS.
16 (iv) To help to facilitate the active implementation
17 of the environment and ecology standards adopted by the
18 State Board of Education.
19 (v) To promote both Statewide and regional solutions
20 to environmental education needs to maximize the
21 effective use of existing resources.
22 (vi) To work with State agencies in the development
23 of new educational tools where environmental education
24 needs are identified.
25 (2) To inventory, disseminate and generate environmental
26 education-related research, including an environmental
27 readiness assessment of public knowledge, attitudes and
28 behaviors related to environmental concerns and concepts
29 every five years to help determine educational needs.
30 (3) To establish an Internet-based resources network to
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1 make environmental information available and to provide
2 training and education opportunities for educators and
3 Pennsylvania's citizenry.
4 (4) To actively seek public and private sources of
5 funding to help support activities by the Pennsylvania Center
6 for Environmental Education and its project partners.
7 (c) Organization.--
8 (1) The Pennsylvania Center for Environmental Education
9 is established within the State System of Higher Education.
10 (2) The State System of Higher Education may, IN <--
11 CONSULTATION WITH THE PENNSYLVANIA CENTER FOR ENVIRONMENTAL
12 EDUCATION BOARD, hire such employees and contract with other
13 entities as it determines to undertake its responsibilities
14 to the extent available funds allow. ALL STAFF HIRING, <--
15 FIRING, STAFF AND PROGRAM EVALUATIONS AND FISCAL
16 ACCOUNTABILITY WILL FOLLOW STATE SYSTEM OF HIGHER EDUCATION
17 PROCEDURES AND PRACTICES.
18 (d) Pennsylvania Center for Environmental Education Board
19 established.--
20 (1) To oversee AND ASSESS the operations of the <--
21 Pennsylvania Center for Environmental Education in performing
22 its duties, a Pennsylvania Center for Environmental Education
23 Board is hereby established. The board shall consist of the
24 following nine representatives:
25 (i) Representatives of the Department of
26 Environmental Protection, the Department of Conservation
27 and Natural Resources and the Department of Education.
28 (ii) Six representatives appointed by the State
29 System of Higher Education. These representatives shall
30 be chosen from among the business, agricultural,
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1 environmental, conservation, basic and higher education
2 communities or from among any community which the
3 appointing authority deems will further the purposes of
4 environmental education in this Commonwealth.
5 Representatives selected shall serve terms of four years.
6 Of the representatives first appointed by the appointing
7 authority, three shall serve for terms of two years and
8 three shall serve for terms of four years.
9 Representatives, upon expiration of their term, shall
10 continue to serve until a successor is appointed.
11 Vacancies shall be filled for the remainder of an
12 unexpired term in the same manner as original
13 appointments.
14 (2) The board shall meet at least semiannually to
15 establish priorities, adopt an annual work plan AND ANNUAL <--
16 BUDGET, and review and approve activities of the center, and <--
17 shall elect a chairperson.
18 (3) Expenses of the board AND THE OPERATION OF THE <--
19 PENNSYLVANIA CENTER FOR ENVIRONMENTAL EDUCATION shall be paid
20 by the State System of Higher Education from funds
21 appropriated BY THE GENERAL ASSEMBLY for the Pennsylvania <--
22 Center for Environmental Education.
23 Section 3. Sections 4, 5, 6 and 7 of the act are amended to
24 read:
25 Section 4. Powers and duties of Department of Education.
26 The Department of Education shall have the following powers
27 and duties:
28 (1) To conduct a periodic evaluation of school-based
29 environmental education in this Commonwealth.
30 (2) To provide assistance, support and resource
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1 information to educators, students and public and private
2 education agencies and organizations on environmental
3 education programs.
4 (3) To identify, recognize and establish awards for
5 exemplary environmental education curricula developed in
6 Commonwealth schools.
7 (4) To increase inclusion of environmental education in
8 elementary, science and social studies teacher preparation.
9 (5) To continue to identify the programs, resources and
10 products needed for the inclusion of the Environment and
11 Ecology Standards in school curriculum and to assess these
12 through the current Pennsylvania System of School Assessment
13 test (PSSA).
14 (6) TO IDENTIFY THE NEED FOR THE DEVELOPMENT OF NEW <--
15 CURRICULUM, PRESERVICE AND CONTINUING TEACHER PROFESSIONAL
16 DEVELOPMENT AND EDUCATION PROGRAMS RELATED TO ENVIRONMENTAL
17 EDUCATION AND TO SUPPORT EFFORTS TO DEVELOP PROGRAMS AND
18 MATERIALS TO MEET THOSE NEEDS IN COLLABORATION WITH OTHER
19 AGENCIES, ENVIRONMENTAL ORGANIZATIONS OR ASSOCIATIONS.
20 Section 5. Powers and duties of Department of Environmental
21 [Resources] Protection.
22 The Department of Environmental [Resources] Protection shall
23 have the following powers and duties:
24 [(1) To conduct a periodic evaluation of the status of
25 environmental education taking place in the nonformal sector
26 (outside of the classroom) in this Commonwealth.
27 (2) To maintain an inventory of environmental education
28 materials, programs and resources available in Commonwealth
29 agencies.
30 (3) To use the department's environmental education
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1 centers as outreach facilities to bring youth and adult
2 education programs into communities and schools, focusing on
3 environmental issues of importance to the Commonwealth.
4 (4) To provide such grants as the Secretary of
5 Environmental Resources after consultation with the Secretary
6 of Education shall, in his discretion, approve to the
7 following: public and private schools for youth environmental
8 education, conservation and education organizations and
9 institutions for the purposes of providing environmental
10 education training to teachers, county conservation districts
11 and Bureau of State Parks Environmental Education Program.]
12 (1) To provide such grants as the Secretary of
13 Environmental Protection, after consultation with the
14 Secretary of Education, shall, in the Secretary of
15 Environmental Protection's discretion, approve to the
16 following: public and private schools, conservation and
17 education organizations and institutions, businesses and
18 nonprofit organizations and associations, county conservation
19 districts and the Department of Conservation and Natural
20 Resources for the purposes of providing environmental
21 education.
22 [(5)] (2) To prepare a guidance document, in
23 consultation with the Secretary of Education, for
24 administering the grants. [The department shall make the
25 document available for public review and comment by
26 publication in the Pennsylvania Bulletin.]
27 Section 6. Environmental Education Report.
28 The [Secretary of Education and the Secretary of <--
29 Environmental [Resources] PROTECTION, WITH INPUT FROM THE <--
30 ADVISORY COUNCIL ON ENVIRONMENTAL EDUCATION AND THE Pennsylvania
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1 Center for Environmental Education BOARD, shall prepare a <--
2 [periodic] BIENNIAL report to the Governor and the General <--
3 Assembly outlining environmental education programs and
4 achievements, highlighting new initiatives and recommending
5 future program needs.
6 Section 7. The Advisory Council on Environmental Education.
7 (a) Duties.--There is hereby created an Advisory Council on
8 Environmental Education within the Department of Education. The
9 advisory council shall:
10 (1) Make recommendations to the Secretary of Education,
11 the Secretary of Conservation and Natural Resources and the
12 Secretary of Environmental [Resources] Protection with
13 respect to the use of any funds used to support environmental
14 education activities.
15 (2) Advise and assist the Secretary of Education, the
16 Secretary of Conservation and Natural Resources and the
17 Secretary of Environmental [Resources] Protection in carrying
18 out environmental education activities.
19 (3) Advise and assist the Secretary of Education, the
20 Secretary of Conservation and Natural Resources and the
21 Secretary of Environmental [Resources] Protection in
22 conducting a continual evaluation of the trends and needs in
23 environmental education.
24 (4) Make recommendations to the Secretary of Education,
25 the Secretary of Conservation and Natural Resources [and the
26 Secretary of Environmental Resources], the Secretary of
27 Environmental Protection and the Pennsylvania Center for
28 Environmental Education BOARD to help foster environmental <--
29 education programs.
30 (5) Make recommendations to the Secretary of
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1 Conservation and Natural Resources and the Secretary of
2 Environmental [Resources] Protection on the distribution of
3 available grant moneys.
4 (b) Composition.--Council membership shall consist of [13]
5 16 members as follows:
6 (1) the Secretary of Education or his designee;
7 (2) the Secretary of Environmental [Resources]
8 Protection or his designee;
9 (2.1) the Secretary of Conservation and Natural
10 Resources or his designee;
11 (3) the Secretary of Agriculture or his designee; and
12 (4) [ten] 12 members appointed as follows:
13 (i) Three members representing Statewide or regional
14 environmental organizations appointed by the Secretary of
15 Environmental [Resources] Protection.
16 (ii) Two members representing Statewide or regional
17 business, industry or landowners' organizations appointed
18 by the Secretary of [Commerce] Community and Economic
19 Development.
20 (iii) Three members representing basic education
21 appointed by the Secretary of Education, one of which is
22 a vocational agricultural teacher appointed by the
23 Secretary of Education.
24 (iv) One member representing higher education
25 appointed by the Chancellor of the State System of Higher
26 Education.
27 (v) One member representing a Statewide or regional
28 general agricultural organization appointed by the
29 Secretary of Agriculture.
30 (vi) Two members representing conservation and
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1 natural resource interests appointed by the Secretary of
2 Conservation and Natural Resources.
3 (c) Appointment, terms and expenses.--The [ten] 12 council
4 members shall be appointed for five-year terms. The initial term
5 of four of the council members shall be for one year, the
6 initial term of four members shall be for three years, and the
7 initial term of the remainder shall be for five years. A member
8 may be appointed for more than one term and shall serve until a
9 successor has been appointed. Members shall not be compensated
10 but shall be reimbursed for actual expenses in accordance with
11 the rules of the Executive Board.
12 (d) Officers and bylaws.--The council shall convene at least
13 [biannually] semiannually, shall elect a chairperson and a vice-
14 chairperson to serve a one-year term and shall adopt bylaws for
15 governing its operations.
16 (e) Staff.--The Secretary of Education shall designate such
17 staff as may be necessary for the operation of the council.
18 Section 4. The act is amended by adding a section to read: <--
19 Section 7.1. Environmental Education Week.
20 The third week in November each year shall be designated
21 Environmental Education Week to promote environmental education
22 throughout this Commonwealth.
23 Section 5 4. Section 8 of the act is amended to read: <--
24 Section 8. Environmental Education Fund.
25 [(a) Establishment.--]There is hereby created a special
26 nonlapsing fund in the State Treasury to be known as the
27 Environmental Education Fund. An amount equal to 5% of the
28 moneys collected annually from fines, natural resource damage
29 settlements and penalties deposited in special funds or
30 restricted revenue accounts administered by the Department of
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1 Environmental [Resources] Protection shall be deposited in this
2 fund. This annual allocation amount shall be based upon the
3 amounts collected in the previous fiscal year. All moneys placed
4 in the fund and the interest it accrues are hereby appropriated,
5 upon authorization by the Governor, to the Department of
6 Environmental [Resources] Protection and the Department of
7 Conservation and Natural Resources to accomplish the purposes of
8 this act. [Beginning in fiscal year 1992-1993, and each year
9 thereafter, moneys appropriated to the department under this
10 section shall not affect and are in addition to funding for
11 environmental education programs administered by the department
12 and the Department of Education that are in existence prior to
13 passage of this act.
14 (b) Return of certain moneys.--On June 30 of each fiscal
15 year any funds in the Environmental Education Fund in excess of
16 an amount equal to twice the average of expenditures for the
17 three prior fiscal years from the Environmental Education Fund
18 shall be returned to the special funds or restricted revenue
19 accounts from which those funds were originally transferred.]
20 Section 6. The addition of section 3.1 of the act shall <--
21 expire in seven years.
22 Section 7 5. This act shall take effect immediately. <--
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