1Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2"An act providing for and reorganizing the conduct of the
3executive and administrative work of the Commonwealth by the
4Executive Department thereof and the administrative
5departments, boards, commissions, and officers thereof,
6including the boards of trustees of State Normal Schools, or
7Teachers Colleges; abolishing, creating, reorganizing or
8authorizing the reorganization of certain administrative
9departments, boards, and commissions; defining the powers and
10duties of the Governor and other executive and administrative
11officers, and of the several administrative departments,
12boards, commissions, and officers; fixing the salaries of the
13Governor, Lieutenant Governor, and certain other executive
14and administrative officers; providing for the appointment of
15certain administrative officers, and of all deputies and
16other assistants and employes in certain departments, boards,
17and commissions; and prescribing the manner in which the
18number and compensation of the deputies and all other
19assistants and employes of certain departments, boards and
20commissions shall be determined," further providing for the
21Environmental Quality Board.

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

24Section 1.  Section 471 of the act of April 9, 1929 (P.L.177, 
25No.175), known as The Administrative Code of 1929, amended
26November 1, 1979 (P.L.251, No.83), is amended to read:

27Section 471.  Environmental Quality Board.--(a)  The

1Environmental Quality Board shall consist of the Secretary of
2Environmental [Resources] Protection, who shall be chairman
3thereof, the Secretary of Health, the Secretary of [Commerce]
4Community and Economic Development, the Secretary of
5Transportation, the Secretary of Agriculture, the Secretary of
6Labor and Industry, [the Secretary of Community Affairs,] the
7Executive Director of the Fish Commission, the Executive
8Director of the Game Commission, the Chairman of the Public
9Utilities Commission, the Executive Director of the State
10Planning Board, the Executive Director of the Pennsylvania
11Historical and Museum Commission, five members of the Citizens
12Advisory Council, and four members of the General Assembly. The
13Citizens Advisory Council members shall be designated by, and
14serve at the pleasure of, the Citizens Advisory Council. One of
15the General Assembly members shall be designated by, and serve
16at the pleasure of, the President Pro Tempore of the Senate, one
17by the Minority Leader of the Senate, one by the Speaker of the
18House of Representatives and one by the Minority Leader of the
19House of Representatives. In addition to the heads of the
20various departments as elsewhere in this act provided, the other
21members of the board may have named alternates to serve in their
22stead, the alternates for the members of the board from the
23Citizens Advisory Council to be selected by that council from
24members of the council and each other alternate to be selected
25by that particular member of the board in whose stead he is to
26serve. No person will serve as alternate for more than one board
27member.

28(b)  Eight members of the board shall constitute a quorum.

29(c)  The Department of Environmental Protection shall appoint 
30a counsel to the board, who shall also serve as an independent 

1counsel to members of the board. The independent counsel shall 
2be compensated from the appropriation for the general government 
3operations of the Department of Environmental Protection. At the 
4discretion of the board, the independent counsel shall assist 
5members on all matters before the board, including, but not 
6limited to, the review of rulemaking petitions submitted to the 
7board, the drafting and development of amendments to proposed 
8and final rulemaking and advice relating to procedural matters. 
9All communication between the independent counsel and a board 
10member or the board shall be considered privileged and 
11confidential, and such privilege may be waived only by the 
12board.

13Section 2.  This act shall take effect immediately.