DEPARTMENT OF ENVIRONMENTAL RESOURCES AGRICULTURAL ADVISORY BOARD ACT - REPEALED — 1993 Pa. Act 11 (historical enacted text)

Historical Act text

HOUSE AMENDED
PRIOR PRINTER'S NOS. 309, 747 PRINTER'S NO. 1149
INTRODUCED BY STAPLETON, MELLOW AND STEWART, JANUARY 27, 1993
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 28, 1993
AN ACT
1 Establishing the Agricultural Advisory Board in the Department
2 of Environmental Resources and prescribing its powers; and
3 providing for review by the board of certain proposed rules
4 and regulations.
5 The General Assembly finds and declares as follows:
6 (1) Agriculture is this Commonwealth's number one industry.
7 The citizens of this Commonwealth have, through their vote,
8 affirmed the preservation of agriculture as a vital public
9 policy. The family farmers of this Commonwealth have a deep and
10 rich history of responsible land stewardship. This
11 Commonwealth's first environmentalists were farmers. State
12 agencies must be more mindful of the impact that certain
13 policies, rules and regulations impose upon the family farmers
14 of this Commonwealth.
15 (2) The intent of this act is to ensure that the
16 agricultural impact of certain Commonwealth policies, rules and
17 regulations receive due consideration and to ensure that the
18 agricultural community and agricultural experts have the
1 opportunity to provide comment regarding these policies, rules
2 and regulations.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Department of
7 Environmental Resources Agricultural Advisory Board Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Agriculture." Normal farming practices or innovative
13 techniques used in the production and preparation for market of
14 any crop or commodity included within the definition of "crops,
15 livestock and livestock products" in section 3 of the act of
16 June 30, 1981 (P.L.128, No.43), known as the Agricultural Area
17 Security Law.
18 "Board." The Agricultural Advisory Board established in
19 section 3.
20 "Department." The Department of Environmental Resources of
21 the Commonwealth.
22 "Normal farming practices." The customary and generally
23 accepted activities, practices and procedures that farmers
24 adopt, use or engage in year after year in the production and
25 preparation for market of any crop or commodity included within
26 the definition of "crops, livestock and livestock products" in
27 section 3 of the act of June 30, 1981 (P.L.128, No.43), known as
28 the Agricultural Area Security Law.
29 "Secretary." The Secretary of Environmental Resources of the
30 Commonwealth.
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1 "SUSTAINABLE AGRICULTURE." AN INTEGRATED SYSTEM OF PLANT AND <--
2 ANIMAL PRODUCTION PRACTICES, AS DEFINED BY THE FOOD,
3 AGRICULTURE, CONSERVATION, AND TRADE ACT OF 1990 (PUBLIC LAW
4 101-624, 104 STAT. 3616).
5 Section 3. Establishment of board.
6 (a) Creation.--There is hereby established in the Department
7 of Environmental Resources the Agricultural Advisory Board.
8 (b) Members.--The following persons shall comprise the
9 board:
10 (1) Representatives of the Pennsylvania Farmers
11 Association, the Pennsylvania State Grange AND the <--
12 Pennsylvania Farmers Union, the Pennsylvania Food Processors <--
13 Association and the Pennsylvania Horticultural Trade
14 Alliance. Each of these organizations shall annually name one
15 person to represent it under this paragraph.
16 (2) A dairy producer, a livestock producer, a poultry
17 producer, a grain producer, either a fruit or vegetable A <--
18 FRUIT PRODUCER, A VEGETABLE producer, A REPRESENTATIVE OF THE <--
19 ORNAMENTAL HORTICULTURAL INDUSTRY, A PRODUCER ENGAGED IN
20 SUSTAINABLE AGRICULTURE and a representative from the agri-
21 business industry. The Governor shall appoint these
22 representatives to sit for a three-year term. REPRESENTATIVES <--
23 APPOINTED UNDER THIS PARAGRAPH MUST RECEIVE A MAJORITY OF
24 THEIR GROSS INCOME FROM THE ACTIVITY WHICH THEY REPRESENT.
25 (3) Representatives of the Pennsylvania Association of
26 Conservation District Directors and The Pennsylvania State
27 University. Each of these organizations shall annually name
28 one person to represent it under this paragraph.
29 (4) Representatives of the Federal Soil Conservation
30 Service and the Federal Agricultural Stabilization and
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1 Conservation Service. Each of these organizations shall
2 annually name one person to represent it under this paragraph
3 ex officio.
4 (5) Representatives of the Department of Agriculture and
5 the Department of Environmental Resources. Each department
6 shall annually name one person to represent it under this
7 paragraph ex officio.
8 (6) The chairman and the minority chairman of the
9 Agriculture and Rural Affairs Committee of the Senate or
10 their designees and the chairman and the minority chairman of
11 the Agriculture and Rural Affairs Committee of the House of
12 Representatives or their designees to represent the General
13 Assembly ex officio.
14 (c) Chairman.--The members designated under subsection
15 (b)(1) shall annually rotate as board chairman.
16 (d) Staff.--The Department of Environmental Resources shall
17 furnish the board with administrative support.
18 Section 4. Powers of board.
19 (a) General rule.--The board shall have the following
20 powers:
21 (1) Provide advice and expertise to the secretary
22 regarding the nature of agriculture in this Commonwealth.
23 (2) Assist the secretary and provide written comments on
24 new departmental policy that will impact upon agriculture in
25 this Commonwealth.
26 (3) Assist the secretary and provide comment on
27 regulatory proposals pursuant to section 5.
28 (4) Provide comment to the secretary regarding existing
29 departmental policy and regulations affecting agriculture in
30 this Commonwealth.
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1 (b) Exempt regulations.--Regulations subject to review by
2 the seasonal farm labor committee under the act of June 23, 1978
3 (P.L.537, No.93), known as the Seasonal Farm Labor Act, are
4 exempt from review under subsection (a).
5 Section 5. Review of regulations.
6 (a) Notice to board.--The department shall notify the board
7 of the development of any regulatory proposal which would
8 regulate agriculture as early as possible but not less than 120
9 days prior to the date the Environmental Quality Board meets to
10 initially consider any proposed rulemaking resulting from the
11 regulatory proposal.
12 (b) Meeting and consultation with board.--At the request of
13 the board, if the request is made within 30 days from the date
14 of receipt of the notice required by subsection (a), the
15 department shall meet and consult with the board in the
16 formulation of any such regulatory proposal and thereafter the
17 board may provide the department with written comments thereon.
18 (c) Inclusion of comments with proposed rulemaking.--The
19 department shall include any written comments of the board,
20 received prior to the department's submission of a proposed
21 rulemaking package to the Environmental Quality Board, as part
22 of its submission to the Environmental Quality Board.
23 (d) Exceptions.--The requirements of this section shall not
24 apply to regulations with mandatory statutory deadlines, to
25 regulations required to be adopted by court order, to emergency
26 regulations, to final regulations adopted pursuant to section
27 204 of the act of July 31, 1968 (P.L.769, No.240), referred to
28 as the Commonwealth Documents Law, or where interim regulations
29 are otherwise authorized by statute. The department shall advise
30 the board as soon as possible of the development of regulations
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1 identified in this subsection which would regulate agriculture.
2 Section 6. Effective date.
3 This act shall take effect in 60 days.
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