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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY MUSTO, M. WHITE, RAFFERTY, TOMLINSON, STOUT, FOLMER, O'PAKE, ERICKSON AND PILEGGI, JANUARY 29, 2009 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 29, 2009 |
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| AN ACT |
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1 | Amending the act of April 9, 1929 (P.L.177, No.175), entitled |
2 | "An act providing for and reorganizing the conduct of the |
3 | executive and administrative work of the Commonwealth by the |
4 | Executive Department thereof and the administrative |
5 | departments, boards, commissions, and officers thereof, |
6 | including the boards of trustees of State Normal Schools, or |
7 | Teachers Colleges; abolishing, creating, reorganizing or |
8 | authorizing the reorganization of certain administrative |
9 | departments, boards, and commissions; defining the powers and |
10 | duties of the Governor and other executive and administrative |
11 | officers, and of the several administrative departments, |
12 | boards, commissions, and officers; fixing the salaries of the |
13 | Governor, Lieutenant Governor, and certain other executive |
14 | and administrative officers; providing for the appointment of |
15 | certain administrative officers, and of all deputies and |
16 | other assistants and employes in certain departments, boards, |
17 | and commissions; and prescribing the manner in which the |
18 | number and compensation of the deputies and all other |
19 | assistants and employes of certain departments, boards and |
20 | commissions shall be determined," further providing for the |
21 | Environmental Quality Board. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
23 | hereby enacts as follows: |
24 | Section 1. Section 471 of the act of April 9, 1929 (P.L.177, |
25 | No.175), known as The Administrative Code of 1929, amended |
26 | November 1, 1979 (P.L.251, No.83), is amended to read: |
27 | Section 471. Environmental Quality Board.--(a) The |
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1 | Environmental Quality Board shall consist of the Secretary of |
2 | Environmental [Resources] Protection, who shall be chairman |
3 | thereof, the Secretary of Health, the Secretary of [Commerce] |
4 | Community and Economic Development, the Secretary of |
5 | Transportation, the Secretary of Agriculture, the Secretary of |
6 | Labor and Industry, [the Secretary of Community Affairs,] the |
7 | Executive Director of the Fish Commission, the Executive |
8 | Director of the Game Commission, the Chairman of the Public |
9 | Utilities Commission, the Executive Director of the State |
10 | Planning Board, the Executive Director of the Pennsylvania |
11 | Historical and Museum Commission, five members of the Citizens |
12 | Advisory Council, and four members of the General Assembly. The |
13 | Citizens Advisory Council members shall be designated by, and |
14 | serve at the pleasure of, the Citizens Advisory Council. One of |
15 | the General Assembly members shall be designated by, and serve |
16 | at the pleasure of, the President Pro Tempore of the Senate, one |
17 | by the Minority Leader of the Senate, one by the Speaker of the |
18 | House of Representatives and one by the Minority Leader of the |
19 | House of Representatives. In addition to the heads of the |
20 | various departments as elsewhere in this act provided, the other |
21 | members of the board may have named alternates to serve in their |
22 | stead, the alternates for the members of the board from the |
23 | Citizens Advisory Council to be selected by that council from |
24 | members of the council and each other alternate to be selected |
25 | by that particular member of the board in whose stead he is to |
26 | serve. No person will serve as alternate for more than one board |
27 | member. |
28 | (b) Eight members of the board shall constitute a quorum. |
29 | (c) The Department of Environmental Protection shall appoint |
30 | a counsel to the board, who shall also serve as an independent |
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1 | counsel to members of the board. The independent counsel shall |
2 | be compensated out of the appropriation for the general |
3 | government operations of the Department of Environmental |
4 | Protection. At the discretion of the board, the independent |
5 | counsel shall assist members on all matters before the board, |
6 | including, but not limited to, the review of rulemaking |
7 | petitions submitted to the board, the drafting and development |
8 | of amendments to proposed and final rulemaking and procedural |
9 | matters. All communication between the independent counsel and a |
10 | board member or the board shall be considered privileged and |
11 | confidential between the independent counsel and the board, and |
12 | such privilege may be waived only by the board. |
13 | Section 2. This act shall take effect immediately. |
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