PRINTER'S NO. 2028
No. 1323 Session of 2006
INTRODUCED BY WONDERLING, WAUGH, M. WHITE, WENGER, BOSCOLA,
CORMAN, C. WILLIAMS, MUSTO, PILEGGI, O'PAKE, MADIGAN, BROWNE
AND PUNT, SEPTEMBER 19, 2006
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, SEPTEMBER 19, 2006
AN ACT
1 Amending the act of May 15, 1945 (P.L.547, No.217), entitled, as
2 amended, "An act relating to the conservation of soil, water
3 and related natural resources and land use practices
4 contributing to soil wastage and soil erosion; providing for
5 the organization of the various counties into conservation
6 districts; the appointment of their officers and employes;
7 and prescribing their powers and duties; creating the State
8 Conservation Commission in the Department of Environmental
9 Resources and fixing its powers and duties relative to the
10 administration of this act; providing financial and legal
11 assistance to such conservation districts and the commission;
12 and authorizing county governing bodies to make
13 appropriations thereto; providing for disposition and
14 operation of existing districts; and repealing existing
15 laws," further providing for declaration of policy, for the
16 State Conservation Commission, for creation of conservation
17 districts, for designation of district directors, for
18 appointment, qualifications, compensation and tenure of
19 directors, for organization of directors, for powers of
20 districts and directors, for Commonwealth agencies to
21 cooperate and for discontinuation of districts.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 2 of the act of May 15, 1945 (P.L.547,
25 No.217), known as the Conservation District Law, reenacted and
26 amended December 19, 1984 (P.L.1125, No.221), is amended to
27 read:
1 Section 2. Declaration of Policy.--It is hereby declared to
2 be the policy of the Commonwealth [to]:
3 (1) To provide for the conservation of the soil, water and
4 related resources of this Commonwealth, and for the control and
5 prevention of soil erosion, and thereby to preserve natural
6 resources; assist in the control of floods; prevent impairment
7 of dams and reservoirs; assist in maintaining the navigability
8 of rivers and harbors; preserve wildlife; preserve the tax base;
9 protect public lands; and protect and promote the health, safety
10 and general welfare of the people of the Commonwealth.
11 (2) That conservation districts, in close cooperation with
12 landowners and occupiers, other local government units and
13 agencies of State government, are authorized to serve as the
14 primary local government unit responsible for conservation of
15 the renewable natural resources in this Commonwealth to
16 administer projects, programs and activities suitable for
17 effectuating the policies and programs under this act.
18 (3) That conservation districts shall be the primary local
19 government unit responsible for implementing and coordinating
20 programs to prevent and control non-point sources of pollution.
21 Section 2. Section 4 of the act, amended April 30, 1986
22 (P.L.128, No.39), is amended to read:
23 Section 4. State Conservation Commission.--(1) There is
24 hereby created [in the department] the State Conservation
25 Commission, which shall be [a departmental] an interdepartmental
26 administrative commission with all the powers and duties
27 generally vested in, and imposed upon, such commissions by The
28 Administrative Code of 1929. The commission shall establish an
29 interdepartmental office to effectuate the powers and duties of
30 the commission. The commission shall consist of the Secretary of
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1 Environmental [Resources, who shall be the chairman,]
2 Protection, the Secretary of Conservation and Natural Resources,
3 the Secretary of Community and Economic Development, the
4 Secretary of Agriculture of Pennsylvania, the Dean of the
5 College of Agriculture of The Pennsylvania State University and
6 four farmer members, who shall be farmers, to be appointed by
7 the Governor with the advice and consent of a majority of the
8 members elected to the Senate. In appointing farmer members, the
9 Governor shall consider nominees submitted by the associations
10 known as the "Pennsylvania State Council of Farm Organizations,"
11 and the "Pennsylvania Association of Conservation [District
12 Directors, Inc."] Districts, Inc.," or their successor
13 organizations. Each association shall nominate one candidate for
14 each farmer member vacancy. Two public members who shall not be
15 farmers shall also be appointed to the commission by the
16 Governor with the advice and consent of a majority of the
17 members elected to the Senate. The State Conservationist of the
18 [Soil Conservation Service,] Natural Resources Conservation
19 Service of the United States Department of Agriculture [and],
20 the Associate Director of the Cooperative Extension Service of
21 The Pennsylvania State University, the President of the
22 Pennsylvania Association of Conservation Districts, Inc., or his
23 designee, and the chairman of the Joint Conservation Committee
24 shall be associate, non-voting members of the commission. Each
25 voting and non-voting associate member may select and identify a
26 designee to the commission. The commission may include other
27 associate, non-voting members who may be selected with a two-
28 thirds vote of the voting members. The commission shall keep a
29 record of its official actions, and may perform such acts and
30 promulgate such policies, procedures, performance standards,
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1 guidelines, rules and regulations as may be necessary. [The
2 department shall assign such personnel as needed for the
3 execution of the commission's function under this act.] Each
4 State department delegating authority to or contracting with
5 conservation districts to perform specified administrative,
6 policy, enforcement or programmatic activities shall assign an
7 appropriate staff complement to the commission in proportion to
8 the amount of work required of the delegated or contracted
9 programs and activities. Staff assigned to the commission,
10 excluding regional field staff, shall be relocated to the
11 offices of State Conversation Commission. All staff assigned as
12 such shall report directly to the executive secretary of the
13 State Conservation Commission and shall remain assigned to the
14 commission at the will of the respective assigning department.
15 Each assigning department shall be responsible for assigned
16 staff costs, including salaries and benefits, and shall remain
17 the budgeted employer of all staff assigned to the State
18 Conservation Commission. A majority of the voting members shall
19 constitute a quorum and all decisions of the commission shall
20 require a concurrence of the voting members of the commission.
21 At the last regular meeting of the commission in the calendar
22 year, a vice-chairperson shall be elected by the members of the
23 commission and shall serve in that capacity for the ensuing
24 year.
25 (2) At the request of the State Conservation Commission, the
26 Attorney General and/or Office of General Counsel of the
27 Commonwealth will provide such services as the State
28 Conservation Commission may require. With respect to any program
29 delegated [by the department] or contracted by any department of
30 the Commonwealth to a conservation district pursuant to section
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1 11(2), at the request of the State Conservation Commission, the
2 Attorney General and/or Office of General Counsel will provide
3 such services as the conservation district may require. With
4 respect to the performance of any duties or functions delegated
5 or contracted to a conservation district by [the] any department
6 of the Commonwealth pursuant to section 11(2), the Commonwealth
7 will defend and indemnify district directors [and], associate
8 directors [and], district employes and volunteers performing
9 services on behalf of the conservation district pursuant to an
10 agency delegation or contract to the same extent as it defends
11 and indemnifies Commonwealth employes, and such directors and
12 employes shall have all immunities afforded by law to
13 Commonwealth employes.
14 (3) The commission shall have authority to delegate to its
15 chairperson, to one or more of its members, or to one or more
16 agents or employes, such powers and duties as it may deem
17 proper. Upon request of the commission, for the purpose of
18 carrying out any of its functions, any agency of the
19 Commonwealth and The Pennsylvania State University may assign or
20 detail members of the staff or personnel to the commission, and
21 may make such special reports, surveys or studies as the
22 commission may request.
23 (4) The farmer and public members of the commission shall be
24 appointed for a period of four years and shall hold office until
25 their successors have been appointed and have qualified, but no
26 longer than six months beyond the four-year period. The four
27 farmer members' terms shall be so staggered that no more than
28 one member's term shall expire each year while the two public
29 members' terms shall be so staggered that no more than one
30 member's term shall expire every second year. At the expiration
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1 of their terms of office, or in the event of vacancies through
2 death, resignation or otherwise, new farmer or public members
3 shall be appointed to fill the unexpired term of the members
4 they are replacing. A majority of the voting members of the
5 commission shall constitute a quorum and all decisions shall
6 require the concurrence of a majority of the voting members of
7 the commission. All farmer [and], public and forestry members of
8 the commission shall be entitled to [sixty dollars ($60) per
9 diem] a per diem compensation as determined annually by official
10 action of the commission plus reimbursement for reasonable
11 traveling, lodging and other necessary expenses incurred in the
12 discharge of their duties in accordance with Commonwealth
13 regulations. The commission shall provide for the execution of
14 surety bonds for all employes and officers who shall be
15 entrusted with funds or property of the commission and shall
16 provide for the keeping of a full and accurate record of all
17 proceedings and of all resolutions, regulations and orders
18 issued or adopted. [A farmer or public] An appointed or
19 associate member of the commission who fails to attend three
20 consecutive meetings without cause shall forfeit his seat unless
21 [the Secretary of Environmental Resources] the chairperson of
22 the commission, upon written request from the member, finds that
23 the member should be excused from a meeting [because of illness
24 or the death of a family member.] The Governor may also remove
25 an appointed member of the commission for malfeasance or
26 misfeasance.
27 (5) In addition to the duties and powers herein conferred
28 upon the commission, it shall have the following duties and
29 powers:
30 (a) To offer such assistance as may be appropriate to the
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1 directors of conservation districts;
2 (b) To keep the directors of each of the districts generally
3 informed of activities and experience useful to other districts;
4 (c) To approve and coordinate the programs of the
5 conservation districts or projects; to apportion among the
6 several districts or to any agency of the Commonwealth, the
7 United States or cooperating organizations any funds allotted
8 from State, Federal or other sources; [and] to be responsible
9 for the expenditures of such funds by the districts; and to
10 establish standards for conservation district audits;
11 (d) To secure the cooperation and assistance of any
12 governmental agency and to be the agency through which
13 government aid in land and water management and conservation of
14 related resources can be extended to private lands;
15 (e) To disseminate information concerning the activities and
16 programs of the conservation districts and to encourage the
17 formation of such districts in areas where their organization is
18 desirable;
19 (f) To accept contributions of money, services or materials
20 to carry on land and water management and conservation of
21 related resources under the provisions of this act;
22 (g) To designate the organizations within the county that
23 may act in nominating persons for appointment as directors, as
24 provided in section 6 of this act. Such designations may be
25 changed from time to time as conditions may warrant;
26 (h) To approve applications for projects and recommend
27 priorities for planning for watershed applications under the
28 Watershed Protection and Flood Prevention Act, U. S. Public Law
29 566 of 1954, as amended;
30 (i) To approve applications for projects and recommend
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1 priorities for planning for applications under the Resource and
2 Conservation and Development Program authorized by Public Law
3 87-703, the Food and Agriculture Act of 1962, as amended;
4 (j) To approve applications and recommend priorities for any
5 program under the Chesapeake Bay Program, Food Security Act of
6 1985 (Public Law 99-198, 99 Stat. 1354), the Food, Agriculture,
7 Conservation and Trade Act of 1990 (P.L.101-624, 104 Stat.
8 3359), legislatively authorized nutrient management programs,
9 dirt and gravel roads program, growing greener and any other
10 programs delegated or directed to the commission or districts or
11 other Federal programs requiring State Conservation Commission
12 participation;
13 (k) To provide assistance through conservation districts to
14 environmental advisory councils created by municipalities
15 pursuant to the act of December 21, 1973 (P.L.425, No.148),
16 referred to as the Municipal Environmental Advisory Council Law.
17 (l) To approve the delegation of and contracting for certain
18 functions and powers to districts and to monitor and supervise
19 district activities in response to delegated functions and
20 powers otherwise accepted by or contracted to districts.
21 (m) To provide training for district directors, conservation
22 district staff and appropriate county employes.
23 (6) The commission shall have the power to receive such
24 funds as appropriated, given, granted or donated to it, or to
25 the program provided for in this act by the Federal Government,
26 the Commonwealth or any other governmental or private agency or
27 person, and shall use such funds for the carrying out of the
28 provisions of this act. The commission may allocate such funds,
29 or parts thereof, to the conservation districts or to any agency
30 of this Commonwealth, the United States, or cooperating
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1 organization. Funds so allocated shall be apportioned in an
2 equitable and just manner at the discretion of the commission,
3 but the decision of the commission shall be final.
4 (7) The commission shall have the power to administer grant
5 and loan programs for landowners to implement non-point source
6 best management practices on their properties.
7 (8) The commission by a majority of its voting members shall
8 select and employ an executive secretary to serve and report to
9 the commission. The commission's executive secretary shall not
10 be employed or supervised by the Department of Environmental
11 Protection, the Department of Agriculture or any other voting
12 member entity. The commission shall assign the executive
13 secretary duties and responsibilities as required to fulfill the
14 commission's State law obligations to develop, implement and
15 enforce conservation programs, including those set forth under 3
16 Pa.C.S. Ch. 5 (relating to nutrient management and odor
17 management).
18 (9) To enhance the ability of the commission to accomplish
19 its obligations, the Secretary of Agriculture shall designate an
20 office and staff within that agency to coordinate and assist in
21 the development, implementation and enforcement of programs
22 adopted by the commission that solely affect production
23 agriculture. The office and staff designated by the Secretary of
24 Agriculture shall be an advocate for production agriculture in
25 the development of programs by the commission, assist in
26 developing methods of managing excess manure in an
27 environmentally sound manner, develop programs to assist those
28 engaged in production agriculture to comply with 3 Pa.C.S. Ch. 5
29 and act as an ombudsman to help resolve issues related to county
30 conservation district implementation of commission programs
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1 solely affecting production agriculture.
2 (10) The commission shall be responsible for taking
3 enforcement actions under 3 Pa.C.S. Ch. 5. In the exercise of
4 its enforcement authority, the commission shall be assisted by
5 the staff of the Department of Environmental Protection for
6 actions resulting in violations of the act of June 22, 1937
7 (P.L.1987, No.394), known as "The Clean Streams Law," and shall
8 be assisted by the Department of Agriculture for all other
9 violations.
10 Section 3. Section 5 of the act is amended to read:
11 Section 5. Creation of Conservation Districts.--(1) When
12 [the] a city of the first class that is coterminous with a
13 county of the first class or a county governing body determines,
14 in the manner hereinafter provided, that conservation of soil
15 and water, and related resources and control and prevention of
16 accelerated soil erosion are problems of public concern in the
17 county, and that a substantial proportion of the [rural] land
18 owners of the county favor such a resolution, it shall be lawful
19 for the said county or first class city governing body, by a
20 resolution adopted at any regular or special meeting [of the
21 board], to declare the county or first class city to be a
22 conservation district, for the purpose of effectuating the
23 legislative policy announced in section 2. These determinations
24 may be made through petitions, hearings, referenda or by any
25 other means which the county governing body deems appropriate.
26 Where a city of the first class that is coterminous with a
27 county of the first class creates a conservation district
28 pursuant to this act, the conservation district shall be
29 authorized and administered as any other conservation district
30 created pursuant to this act. All references to "county
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1 conservation district" shall include conservation districts
2 created by first class cities that are coterminous with a first
3 class county.
4 (2) Such a district, upon its creation, shall constitute a
5 public body corporate and politic exercising public powers of
6 the Commonwealth as an agency thereof.
7 (3) All soil conservation districts and soil and water
8 conservation districts created in the past under the provisions
9 of this act shall henceforth be named conservation districts.
10 Section 4. Sections 6 and 7 of the act, amended April 30,
11 1986 (P.L.128, No.39), are amended to read:
12 Section 6. Designation of District Directors.--(1) When a
13 county has been declared a conservation district, a board of
14 directors, consisting of seven members, shall be appointed by
15 the county governing body. This board of directors shall consist
16 of one member of the county governing body, not more than four
17 or less than two farmers, and not less than two or more than
18 four public members who shall not be farmers. The commission may
19 waive the requirement for two farmer members in first, second
20 and second class-A counties upon the request of the conservation
21 district and the county governing body consistent with section
22 6(1) and approved by the commission. The total number of
23 directors shall always be seven, unless the State Conservation
24 Commission, upon request of the district and the county
25 governing body, approves a lesser or greater number in unusual
26 or extenuating circumstances but in no case shall the number be
27 less than five nor more than nine. The composition of the board
28 shall be determined by the county governing body and approved by
29 the State Conservation Commission before such change shall
30 become effective; the farmer and public members to be appointed
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1 shall be selected from a list containing at least [double the
2 number of directors] one director to be appointed, and such list
3 is to be submitted by each of the organizations within the
4 county designated by the State Conservation Commission. Upon
5 receipt of notice from the State Conservation Commission of the
6 organizations to be entitled to make such nominations, and
7 having secured nomination lists, the county governing body shall
8 appoint the proper number of directors. The composition of the
9 board shall be determined by the county governing body and
10 approved by the State Conservation Commission before such change
11 becomes effective.
12 (2) The district board may appoint associate directors
13 without voting power to carry out the district's business at the
14 discretion of the district board.
15 Section 7. Appointment; Qualifications; Compensation; and
16 Tenure of Directors.--(1) The director appointed from the
17 county governing body shall be appointed annually by the county
18 governing body. A county governing body may require that a
19 director of the conservation district be a resident of the
20 county. The term of office for farmer and public directors will
21 be four years, except that directors shall be appointed so that
22 no more than three directors' terms shall expire in any one
23 year, unless a conservation district board is comprised of more
24 than seven directors as provided for in section 6. A director
25 shall hold office until a successor has been appointed and has
26 qualified. Vacancies shall be filled for the unexpired terms.
27 [Successors to fill unexpired terms or for full terms shall be
28 appointed by the county governing body from a list containing at
29 least double the number of directors to be appointed, such list
30 to be composed of nominations submitted in writing by a
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1 qualified officer of each of the organizations designated by the
2 State Conservation Commission.] The names, mailing addresses,
3 telephone numbers and e-mail addresses of all directors
4 appointed shall be provided to the State Conservation Commission
5 within 30 days of their appointment. The final list of
6 nominations shall be placed on file by the county governing body
7 and shall be open to public inspection. In filling unexpired
8 terms, the county governing body may make appointments from any
9 list prepared in the above manner that has been compiled within
10 the twelve months preceding such appointments.
11 (2) The director appointed from the county governing body
12 shall receive [no additional compensation but shall receive]
13 traveling expenses as allowed as a member of the county
14 governing body and may receive additional compensation as set
15 forth in this act. The other members of the board of directors
16 shall serve without pay, unless, at the district's request, the
17 State Conservation Commission approves the district's request to
18 pay directors for services rendered on specific projects at a
19 rate approved by the commission. The directors may be paid a per
20 diem, as determined by criteria or guidelines established by the
21 State Conservation Commission, for the discharge of their duties
22 as director and for attendance at sessions that the county or
23 State deems beneficial for a director and may be reimbursed for
24 actual and necessary expenses incurred while engaged in the
25 performance of their official duties, provided funds are made
26 available by the county governing body or by the State
27 Conservation Commission for such purpose, and under such terms
28 and conditions as the county governing body or the commission,
29 whichever has provided the funds, shall determine.
30 Section 5. Section 8 of the act is amended by adding a
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1 paragraph to read:
2 Section 8. Organization of Directors.--* * *
3 (5) The county governing body may remove a district director
4 from the district board for malfeasance or misfeasance. The
5 State Conservation Commission shall establish guidelines,
6 policies and procedures for the removal of a district director.
7 Section 6. Sections 9, 11 and 12(2) of the act are amended
8 to read:
9 Section 9. Powers of Districts and Directors.--The directors
10 of a district shall have the following powers in addition to
11 those granted in other sections of this act:
12 (1) To conduct surveys, investigations and research relating
13 to the character of soil erosion [and the preventive control
14 measures needed and to publish the results of such surveys,
15 investigation or research, and disseminate information
16 concerning such preventive and control measures after securing
17 approval from the State Conservation Commission: Provided,
18 however, That in order to avoid duplication of research
19 activities no district shall initiate any research program
20 except in cooperation with The Pennsylvania State University
21 College of Agriculture or any agency approved by the State
22 Conservation Commission] and to provide notification and
23 documentation to the commission to avoid duplication of existing
24 work;
25 (2) To employ the necessary personnel to properly conduct
26 the operations of the district and provide adequate and
27 necessary insurance coverage for directors and employes, and
28 appropriate fringe benefits for employes, provided funds are
29 available for such purposes;
30 (3) To carry out preventive and control measures within the
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1 district, including but not limited to, engineering operations,
2 methods of cultivation, the growing of vegetation, changes in
3 use of land and drainage operations on lands owned or controlled
4 by this Commonwealth or any of its agencies with the consent and
5 cooperation of the agency administering and having jurisdiction
6 thereof, and on any other lands within the district upon
7 obtaining the written consent of the owner and occupier of such
8 lands or the necessary rights or interests in such lands;
9 (4) To cooperate or enter into agreements with, and to
10 furnish financial or other aid to, any agency, governmental or
11 otherwise, or any occupier of lands within the district in
12 carrying on erosion control and prevention operations, including
13 ditching and draining operations for effective conservation and
14 utilization of the lands within the district, subject to such
15 conditions as the directors may deem necessary to advance the
16 purposes of this act: Provided, however, That such agreements
17 are within the limits of available funds or within
18 appropriations made available to it by law;
19 (5) To obtain options upon, and to acquire by purchase,
20 exchange, lease, gift, grant, bequest, devise or otherwise, any
21 property real or personal or right or interests therein; to
22 maintain, administer and improve any properties acquired; to
23 receive income from such properties and to expend such income in
24 carrying out the purposes and provisions of this act; [and] to
25 sell, lease or otherwise dispose of any of its property or
26 interests therein; to borrow and invest money and to apply for,
27 receive and use low-interest loans in furtherance of the
28 purposes and the provisions of this act;
29 (6) To make available on such terms as it shall prescribe to
30 land occupiers within the district, agricultural and engineering
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1 machinery and equipment; fertilizer, seeds and seedlings and
2 such other material or equipment as will assist such land
3 occupiers to carry on operations upon their lands for the
4 effective conservation and utilization of soil resources; and
5 for the prevention and control of soil erosion;
6 (7) To construct, improve and maintain such structures as
7 may be necessary or convenient for the performance of any of the
8 operations authorized in this act;
9 (8) To assist and advise owners and occupiers of land in
10 developing and/or implementing plans for storm water management,
11 water use, water management and water pollution control, soil
12 erosion control and conservation of water and soil resources,
13 including recommended engineering practices, cultivation
14 methods, cropping programs, tillage practices and changes of
15 land use;
16 (9) To assist and advise county and municipal governments in
17 subdivision and land development reviews, developing and
18 implementing storm water management plans and programs and in
19 administering programs for flood control, flood plain
20 management, water use, water management and water pollution
21 control and other natural resource concerns;
22 (10) To conduct educational programs relating to [soil and
23 water conservation] and any natural resource program approved by
24 the conservation district and to publish related educational
25 materials [relating to soil and water conservation];
26 (11) To accept, upon approval by the State Conservation
27 Commission, any authority delegated by municipal or county
28 governments, the Commonwealth or Federal Government, provided
29 that the delegating or contracting body reports annually to the
30 State Conservation Commission the status of any delegated or
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1 contracted programs involving districts;
2 (12) To sue and be sued in the name of the district; to have
3 perpetual succession unless terminated as hereinafter provided;
4 to make policies and procedures necessary or convenient to the
5 exercise of its powers and to make and execute contracts and
6 other instruments necessary or convenient to the exercise of its
7 powers; to make, and from time to time amend and repeal, rules
8 and regulations not inconsistent with this act to carry into
9 effect its purposes and powers;
10 (13) As a condition to extending any benefits under this
11 act, or to the performance of work upon any lands not owned or
12 controlled by the Commonwealth or any of its agencies, the board
13 of directors may require contributions in money, services,
14 materials or otherwise to any operations conferring such
15 benefits [and]. The conservation district may require land
16 occupiers to enter into and perform such agreements or covenants
17 as to the long term use of such lands as will tend to prevent or
18 control accelerated erosion thereon or to further any other
19 provision of this act. The district may contract with State and
20 local agencies for reimbursement for services rendered;
21 (14) No provisions with respect to the acquisition,
22 operation or disposition of property by other public bodies
23 shall be applicable to a district organized hereunder unless the
24 Legislature shall specifically so state;
25 (15) To accept contributions of any character from any
26 source whatsoever, but only by and with the consent and approval
27 of the State Conservation Commission, unless the funding is from
28 [other governmental agencies] the Federal, State or local
29 government or unless specifically authorized so to do by this
30 act;
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1 (16) To sponsor projects under the Watershed Protection and
2 Flood Prevention Act, U.S. Public Law 566 of 1954, as amended,
3 and the Resource and Conservation and Development Program
4 authorized by Public Law 87-703, the Food and Agriculture Act of
5 1962, as amended;
6 (17) To enter public or private property to make such
7 inspections as are necessary to determine compliance with the
8 act of June 22, 1937 (P.L.1987, No.394), known as "The Clean
9 Streams Law"; the act of November 26, 1978 (P.L.1375, No.325),
10 known as the "Dam Safety and Encroachments Act," and any rules,
11 regulations, permits or orders issued thereunder, to the extent
12 that such inspection authority has been delegated to a district
13 by the department;
14 (18) To establish a program of assistance to environmental
15 advisory councils which may include, but not be limited to,
16 educational services, exchange of information or assignment of
17 administrative and/or technical personnel; [and]
18 (19) No agent or employe of a conservation district or other
19 Commonwealth agency or political subdivision engaged in the
20 planning, design, construction or regulatory review of soil and
21 water conservation projects and practices under the authority of
22 this act, "The Clean Streams Law," or delegations pursuant to
23 paragraph (2) of section 11 of this act shall be considered to
24 be engaged in the practice of landscape architecture[.]; and
25 (20) To engage in any of the following activities: wetland
26 construction and maintenance, reclamation of mined lands, soil
27 erosion, water management, management of forest lands and roads,
28 road maintenance, odor management and air quality, or any other
29 natural resource program approved by the conservation district.
30 Section 11. Commonwealth Agencies to Cooperate.--(1)
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1 Agencies of this Commonwealth which have jurisdiction over or
2 are charged with the administration of Commonwealth highways, or
3 any Commonwealth-owned lands and agencies of any county or other
4 governmental subdivision of the Commonwealth, which have
5 jurisdiction over or are charged with the administration of any
6 county-owned or other publicly owned lands lying within the
7 boundaries of any district organized hereunder, may cooperate
8 with the directors of such districts in the effectuation of
9 programs and operations undertaken by the board of directors
10 under the provisions of this act.
11 (2) In accordance with regulations adopted by or on behalf
12 of the Environmental Quality Board or a similarly authorized
13 State entity authorized to promulgate regulations, the
14 delegating department may, by agreement, delegate to a district
15 one or more of its regulatory and enforcement functions,
16 including, but not limited to, the act of June 22, 1937
17 (P.L.1987, No.394), known as "The Clean Streams Law," and the
18 rules and regulations adopted thereunder; the act of May 31,
19 1945 (P.L.1198, No.418), known as the "Surface Mining
20 Conservation and Reclamation Act;" the act of October 4, 1978
21 (P.L.851, No.166), known as the "Flood Plain Management Act,"
22 and the rules and regulations adopted thereunder; [and] the act
23 of November 26, 1978 (P.L.1375, No.325), known as the "Dam
24 Safety and Encroachments Act," and the act of July 7, 1980
25 (P.L.380, No.97), known as the "Solid Waste Management Act," and
26 the rules and regulations adopted thereunder. Any district
27 acting pursuant to a delegation agreement shall have the same
28 powers and duties otherwise vested in the delegating department
29 to implement these acts, to the extent delegated by the
30 agreement. The delegating department shall monitor and supervise
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1 the activities of each district conducted pursuant to a
2 delegation agreement. Any person aggrieved by an action of a
3 district pursuant to a delegation agreement may appeal such
4 action pursuant to 2 Pa.C.S. § 105 (relating to local agency
5 law), within thirty days following notice of such action. Any
6 department that delegates a program or authority to any
7 conservation district must provide sufficient training and
8 financial compensation to conservation districts and must report
9 annually to the commission pursuant to guidelines set by the
10 State Conservation Commission.
11 (3) The delegating department shall monitor and supervise
12 the activities of each district conducted pursuant to the
13 agreement.
14 Section 12. Discontinuance of Districts.--* * *
15 (2) Upon the repeal of the resolution which declared the
16 county to be a conservation district, the directors may not
17 enter into any more contracts or agreements on behalf of the
18 district, and all rules and regulations theretofore adopted and
19 in force within such district shall be of no further force and
20 effect. Such district, however, shall continue for a period not
21 to exceed [two] four years for the purpose of fulfilling its
22 contracts, discharging any existing obligations, collecting and
23 distributing its assets and doing all other acts required to
24 adjust and close out its affairs.
25 * * *
26 Section 7. This act shall take effect in 60 days.
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