PRIOR PRINTER'S NO. 3144
PRINTER'S NO. 3950
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2219
Session of
2020
INTRODUCED BY JAMES, BROOKS, CAUSER, DUNBAR, HEFFLEY, JONES,
MILLARD, MOUL, ZIMMERMAN, GOODMAN, SNYDER, IRVIN, STRUZZI,
KORTZ, SAINATO, PYLE, LONGIETTI AND SANKEY, JANUARY 15, 2020
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 23, 2020
AN ACT
Amending the act of May 31, 1945 (P.L.1198, No.418), entitled
"An act providing for the conservation and improvement of
land affected in connection with surface mining; regulating
such mining; providing for the establishment of an Emergency
Bond Fund for anthracite deep mine operators; and providing
penalties," further providing for Mining and Reclamation
Advisory Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 18(g) of the act of May 31, 1945
(P.L.1198, No.418), known as the Surface Mining Conservation and
Reclamation Act, is amended to read:
Section 18. Surface Mining Conservation and Reclamation
Fund; Remining Environmental Enhancement Fund; Remining
Financial Assurance Fund; Department Authority for Awarding of
Grants.--* * *
(g) There is hereby created a Mining and Reclamation
Advisory Board to assist the secretary to expend the funds for
the purposes provided by this act and to advise the secretary on
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all matters pertaining to mining and reclamation which shall
include, but not be limited to, experimental practices,
alternate methods of backfilling, selection of reclamation
projects, alternate reclamation methods, obligations for
preexisting pollution liability, alteration of reclamation
plans, reclamation fees and bonding rates and methods.
(1) [The board shall be comprised of three (3) coal
operators, two (2) of whom shall be licensed bituminous surface
mine operators and one (1) of whom shall be a licensed
anthracite surface mine operator; one member who shall be an
operator or employee of a coal refuse energy and reclamation
facility; four (4) public members from the Citizens Advisory
Council, who shall be appointed by the council; two (2) members,
one (1) from the Anthracite and Bituminous Licensed Professional
Engineers and one (1) from the County Conservation Districts,
who shall be appointed by the State Conservation District
Commission; four (4) members of the General Assembly, two (2)
from the Senate, one (1) member from the majority party and one
(1) member from the minority party, who shall be appointed by
the President pro tempore, and two (2) from the House of
Representatives, one (1) from the majority party and one (1)
from the minority party, who shall be appointed by the Speaker
of the House of Representatives.] THE BOARD SHALL BE COMPRISED
OF THE FOLLOWING MEMBERS:
(I) THREE (3) COAL OPERATORS, TWO (2) OF WHOM SHALL BE
LICENSED BITUMINOUS SURFACE MINE OPERATORS AND ONE (1) OF WHOM
SHALL BE A LICENSED ANTHRACITE SURFACE MINE OPERATOR.
(II) FOUR (4) PUBLIC MEMBERS FROM THE CITIZENS ADVISORY
COUNCIL, WHO SHALL BE APPOINTED BY THE COUNCIL.
(III) TWO (2) MEMBERS, ONE (1) FROM THE ANTHRACITE AND
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BITUMINOUS LICENSED PROFESSIONAL ENGINEERS AND ONE (1) FROM THE
COUNTY CONSERVATION DISTRICTS, WHO SHALL BE APPOINTED BY THE
STATE CONSERVATION DISTRICT COMMISSION.
(IV) FOUR (4) MEMBERS OF THE GENERAL ASSEMBLY, TWO (2) FROM
THE SENATE, ONE (1) MEMBER FROM THE MAJORITY PARTY AND ONE (1)
MEMBER FROM THE MINORITY PARTY, WHO SHALL BE APPOINTED BY THE
PRESIDENT PRO TEMPORE OF THE SENATE, AND TWO (2) FROM THE HOUSE
OF REPRESENTATIVES, ONE (1) FROM THE MAJORITY PARTY AND ONE (1)
FROM THE MINORITY PARTY, WHO SHALL BE APPOINTED BY THE SPEAKER
OF THE HOUSE OF REPRESENTATIVES.
(V) IF A COAL REFUSE ENERGY AND RECLAMATION FACILITY IS
OPERATING WITHIN THIS COMMONWEALTH, AN ADDITIONAL ONE (1) MEMBER
SHALL BE AN OPERATOR OR EMPLOYE OF THE COAL REFUSE ENERGY AND
RECLAMATION FACILITY.
(2) The secretary shall chair the Mining and Reclamation
Advisory Board and appoint the members from the coal industry,
the coal refuse energy and reclamation industry and the member
from the Anthracite and Bituminous Licensed Professional
Engineers.
(3) All members shall be appointed for a term of two (2)
years, except that one-half of the initial members shall serve
for three (3) years.
(4) All actions of the board shall be by majority vote. The
board shall meet upon the call of the secretary, but not less
than quarterly, to carry out its duties under this act. The
board shall select from among its members a chairperson and such
other officers as it deems appropriate.
(5) The board shall prepare an annual report on its
activities and submit the report to the Senate Environmental
Resources and Energy Committee and the House Conservation
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Committee.
* * *
Section 2. This act shall take effect in 60 days.
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