PRIOR PRINTER'S NOS. 436, 785 PRINTER'S NO. 927
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
AS AMENDED ON THIRD CONSIDERATION, JUNE 14, 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 20050S0410B0927 - 2 -
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 The Department of Environmental Protection shall provide 13 environmental education support to adults, businesses, local 14 officials and farmers, emphasizing environmental stewardship 15 related to environmental laws, pollution reduction and 16 prevention, sustainable energy issues and environmental 17 problem 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 20050S0410B0927 - 3 -
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 an essential component to help to identify the resources and 13 products needed to comply with the environment and ecology 14 standards, to assess the environmental knowledge and 15 understanding of the public, to avoid duplication in the 16 creation and delivery of environmental education programs to 17 create an informed 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, 20050S0410B0927 - 4 -
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 which will help to identify the needs 18 for environmental education, promote research and development of 19 programs for nonformal educators and 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 assist with the dissemination of existing 28 environmental education materials, program and training 29 opportunities to agencies, organizations, educators and 30 the public. 20050S0410B0927 - 5 -
1 (ii) To provide preservice and nonformal educator 2 programs related to environmental education and support 3 efforts to disseminate materials to meet those needs. 4 (iii) To assist in evaluating the effectiveness of 5 nonformal environmental education programs. 6 (iv) To help to facilitate the active implementation 7 of the environment and ecology standards adopted by the 8 State Board of Education. 9 (v) To promote both Statewide and regional solutions 10 to environmental education needs to maximize the 11 effective use of existing resources. 12 (vi) To work with State agencies in the development 13 of new educational tools where environmental education 14 needs are identified. 15 (2) To inventory, disseminate and generate environmental 16 education-related research, including an environmental 17 readiness assessment of public knowledge, attitudes and 18 behaviors related to environmental concerns and concepts 19 every five years to help determine educational needs. 20 (3) To establish an Internet-based resources network to 21 make environmental information available and to provide 22 training and education opportunities for educators and 23 Pennsylvania's citizenry. 24 (4) To actively seek public and private sources of 25 funding to help support activities by the Pennsylvania Center 26 for Environmental Education and its project partners. 27 (c) Organization.-- 28 (1) The Pennsylvania Center for Environmental Education 29 is established within the State System of Higher Education. 30 (2) The State System of Higher Education may, in 20050S0410B0927 - 6 -
1 consultation with the Pennsylvania Center for Environmental 2 Education Board, hire such employees and contract with other 3 entities as it determines to undertake its responsibilities 4 to the extent available funds allow. All staff hiring, 5 firing, staff and program evaluations and fiscal 6 accountability will follow State System of Higher Education 7 procedures and practices. 8 (d) Pennsylvania Center for Environmental Education Board 9 established.-- 10 (1) To oversee and assess the operations of the 11 Pennsylvania Center for Environmental Education in performing 12 its duties, a Pennsylvania Center for Environmental Education 13 Board is hereby established. The board shall consist of the 14 following nine representatives: 15 (i) Representatives of THE SECRETARY OR HIS DESIGNEE <-- 16 FROM EACH OF THE FOLLOWING: the Department of 17 Environmental Protection, the Department of Conservation 18 and Natural Resources and the Department of Education. 19 (ii) Six representatives appointed by THE CHANCELLOR <-- 20 OF the State System of Higher Education. These 21 representatives shall be chosen from among the business, 22 agricultural, environmental, conservation, basic and 23 higher education communities or from among any community 24 which the appointing authority deems will further the 25 purposes of environmental education in this Commonwealth. 26 Representatives selected shall serve terms of four years. 27 Of the representatives first appointed by the appointing 28 authority, three shall serve for terms of two years and 29 three shall serve for terms of four years. 30 Representatives, upon expiration of their term, shall 20050S0410B0927 - 7 -
1 continue to serve until a successor is appointed. 2 Vacancies shall be filled for the remainder of an 3 unexpired term in the same manner as original 4 appointments. 5 (2) The board shall meet at least semiannually to 6 establish priorities, adopt an annual work plan and annual 7 budget, and review and approve activities of the center, and 8 shall elect a chairperson. 9 (3) Expenses of the board and the operation of the 10 Pennsylvania Center for Environmental Education shall be paid 11 by the State System of Higher Education from funds 12 appropriated by the General Assembly for the Pennsylvania 13 Center for Environmental Education. 14 Section 3. Sections 4, 5, 6 and 7 of the act are amended to 15 read: 16 Section 4. Powers and duties of Department of Education. 17 The Department of Education shall have the following powers 18 and duties: 19 (1) To conduct a periodic evaluation of school-based 20 environmental education in this Commonwealth. 21 (2) To provide assistance, support and resource 22 information to educators, students and public and private 23 education agencies and organizations on environmental 24 education programs. 25 (3) To identify, recognize and establish awards for 26 exemplary environmental education curricula developed in 27 Commonwealth schools. 28 (4) To increase inclusion of environmental education in 29 elementary, science and social studies teacher preparation. 30 (5) To continue to identify the programs, resources and 20050S0410B0927 - 8 -
1 products needed for the inclusion of the Environment and 2 Ecology Standards in school curriculum and to assess these 3 through the current Pennsylvania System of School Assessment 4 test (PSSA). 5 (6) To identify the need for the development of new 6 curriculum, preservice and continuing teacher professional 7 development and education programs related to environmental 8 education and to support efforts to develop programs and 9 materials to meet those needs in collaboration with other 10 agencies, environmental organizations or associations. 11 Section 5. Powers and duties of Department of Environmental 12 [Resources] Protection. 13 The Department of Environmental [Resources] Protection shall 14 have the following powers and duties: 15 [(1) To conduct a periodic evaluation of the status of 16 environmental education taking place in the nonformal sector 17 (outside of the classroom) in this Commonwealth. 18 (2) To maintain an inventory of environmental education 19 materials, programs and resources available in Commonwealth 20 agencies. 21 (3) To use the department's environmental education 22 centers as outreach facilities to bring youth and adult 23 education programs into communities and schools, focusing on 24 environmental issues of importance to the Commonwealth. 25 (4) To provide such grants as the Secretary of 26 Environmental Resources after consultation with the Secretary 27 of Education shall, in his discretion, approve to the 28 following: public and private schools for youth environmental 29 education, conservation and education organizations and 30 institutions for the purposes of providing environmental 20050S0410B0927 - 9 -
1 education training to teachers, county conservation districts 2 and Bureau of State Parks Environmental Education Program.] 3 (1) To provide such grants as the Secretary of 4 Environmental Protection, after consultation with the 5 Secretary of Education, shall, in the Secretary of 6 Environmental Protection's discretion, approve to the 7 following: public and private schools, conservation and 8 education organizations and institutions, businesses and 9 nonprofit organizations and associations, county conservation 10 districts and the Department of Conservation and Natural 11 Resources for the purposes of providing environmental 12 education. 13 [(5)] (2) To prepare a guidance document, in 14 consultation with the Secretary of Education, for 15 administering the grants. [The department shall make the 16 document available for public review and comment by 17 publication in the Pennsylvania Bulletin.] 18 Section 6. Environmental Education Report. 19 The Secretary of Education and the Secretary of Environmental 20 [Resources] Protection, with input from the Advisory Council on 21 Environmental Education and the Pennsylvania Center for 22 Environmental Education Board, shall prepare a [periodic] 23 biennial report to the Governor and the General Assembly 24 outlining environmental education programs and achievements, 25 highlighting new initiatives and recommending future program 26 needs. 27 Section 7. The Advisory Council on Environmental Education. 28 (a) Duties.--There is hereby created an Advisory Council on 29 Environmental Education within the Department of Education. The 30 advisory council shall: 20050S0410B0927 - 10 -
1 (1) Make recommendations to the Secretary of Education, 2 the Secretary of Conservation and Natural Resources and the 3 Secretary of Environmental [Resources] Protection with 4 respect to the use of any funds used to support environmental 5 education activities. 6 (2) Advise and assist the Secretary of Education, the 7 Secretary of Conservation and Natural Resources and the 8 Secretary of Environmental [Resources] Protection in carrying 9 out environmental education activities. 10 (3) Advise and assist the Secretary of Education, the 11 Secretary of Conservation and Natural Resources and the 12 Secretary of Environmental [Resources] Protection in 13 conducting a continual evaluation of the trends and needs in 14 environmental education. 15 (4) Make recommendations to the Secretary of Education, 16 the Secretary of Conservation and Natural Resources [and the 17 Secretary of Environmental Resources], the Secretary of 18 Environmental Protection and the Pennsylvania Center for 19 Environmental Education Board to help foster environmental 20 education programs. 21 (5) Make recommendations to the Secretary of 22 Conservation and Natural Resources and the Secretary of 23 Environmental [Resources] Protection on the distribution of 24 available grant moneys. 25 (b) Composition.--Council membership shall consist of [13] 26 16 members as follows: 27 (1) the Secretary of Education or his designee; 28 (2) the Secretary of Environmental [Resources] 29 Protection or his designee; 30 (2.1) the Secretary of Conservation and Natural 20050S0410B0927 - 11 -
1 Resources or his designee; 2 (3) the Secretary of Agriculture or his designee; and 3 (4) [ten] 12 members appointed as follows: 4 (i) Three members representing Statewide or regional 5 environmental organizations appointed by the Secretary of 6 Environmental [Resources] Protection. 7 (ii) Two members representing Statewide or regional 8 business, industry or landowners' organizations appointed 9 by the Secretary of [Commerce] Community and Economic 10 Development. 11 (iii) Three members representing basic education 12 appointed by the Secretary of Education, one of which is 13 a vocational agricultural teacher appointed by the 14 Secretary of Education. 15 (iv) One member representing higher education 16 appointed by the Chancellor of the State System of Higher 17 Education. 18 (v) One member representing a Statewide or regional 19 general agricultural organization appointed by the 20 Secretary of Agriculture. 21 (vi) Two members representing conservation and 22 natural resource interests appointed by the Secretary of 23 Conservation and Natural Resources. 24 (c) Appointment, terms and expenses.--The [ten] 12 council 25 members shall be appointed for five-year terms. The initial term 26 of four of the council members shall be for one year, the 27 initial term of four members shall be for three years, and the 28 initial term of the remainder shall be for five years. A member 29 may be appointed for more than one term and shall serve until a 30 successor has been appointed. Members shall not be compensated 20050S0410B0927 - 12 -
1 but shall be reimbursed for actual expenses in accordance with 2 the rules of the Executive Board. 3 (d) Officers and bylaws.--The council shall convene at least 4 [biannually] semiannually, shall elect a chairperson and a vice- 5 chairperson to serve a one-year term and shall adopt bylaws for 6 governing its operations. 7 (e) Staff.--The Secretary of Education shall designate such 8 staff as may be necessary for the operation of the council. 9 Section 4. Section 8 of the act is amended to read: 10 Section 8. Environmental Education Fund. 11 [(a) Establishment.--]There is hereby created a special 12 nonlapsing fund in the State Treasury to be known as the 13 Environmental Education Fund. An amount equal to 5% of the 14 moneys collected annually from fines, natural resource damage 15 settlements and penalties deposited in special funds or 16 restricted revenue accounts administered by the Department of 17 Environmental [Resources] Protection shall be deposited in this 18 fund. This annual allocation amount shall be based upon the 19 amounts collected in the previous fiscal year. All moneys placed 20 in the fund and the interest it accrues are hereby appropriated, 21 upon authorization by the Governor, to the Department of 22 Environmental [Resources] Protection and the Department of 23 Conservation and Natural Resources to accomplish the purposes of 24 this act. [Beginning in fiscal year 1992-1993, and each year 25 thereafter, moneys appropriated to the department under this 26 section shall not affect and are in addition to funding for 27 environmental education programs administered by the department 28 and the Department of Education that are in existence prior to 29 passage of this act. 30 (b) Return of certain moneys.--On June 30 of each fiscal 20050S0410B0927 - 13 -
1 year any funds in the Environmental Education Fund in excess of 2 an amount equal to twice the average of expenditures for the 3 three prior fiscal years from the Environmental Education Fund 4 shall be returned to the special funds or restricted revenue 5 accounts from which those funds were originally transferred.] 6 Section 5. This act shall take effect immediately. A14L24JAM/20050S0410B0927 - 14 -