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
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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
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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,
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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.
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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
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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
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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
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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
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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:
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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
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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
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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
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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.
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