act-2008-0-71•Pennsylvania Act 2008-71 — ENVIRONMENTAL EDUCATION ACT - ESTABLISHMENT OF PENNSYLVANIA CENTER FOR ENVIRONMENTAL EDUCATION AND PENNSYLVANIA CENTER FOR ENVIRONMENTAL EDUCATION BOARD
Pennsylvania Act 2008-71 — ENVIRONMENTAL EDUCATION ACT - ESTABLISHMENT OF PENNSYLVANIA CENTER FOR ENVIRONMENTAL EDUCATION AND PENNSYLVANIA CENTER FOR ENVIRONMENTAL EDUCATION BOARD
act-2008-0-712008 Pa. Act 71Law
Act text
ENVIRONMENTAL EDUCATION ACT - ESTABLISHMENT OF PENNSYLVANIA CENTER FOR
ENVIRONMENTAL EDUCATION AND PENNSYLVANIA CENTER FOR ENVIRONMENTAL
EDUCATION BOARD
Act of Jul. 9, 2008, P.L. 940, No. 71 Cl. 24
Session of 2008
No. 2008-71
SB 356
AN ACT
Amending the act of June 22, 1993 (P.L.105, No.24), entitled "An
act providing for environmental education programs; providing
for further duties of the Department of Education and the
Department of Environmental Resources; creating the
Environmental Education Fund; and providing for the
disposition of a portion of certain fines and penalties,"
providing for the establishment of the Pennsylvania Center
for Environmental Education and the Pennsylvania Center for
Environmental Education Board; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title and sections 2 and 3 of the act of June
22, 1993 (P.L.105, No.24), known as the Environmental Education
Act, are amended to read:
AN ACT
Providing for environmental education programs; providing for
the establishment of the Pennsylvania Center for
Environmental Education and the Pennsylvania Center for
Environmental Education Board and for further duties of the
Department of Education, the Department of Conservation and
Natural Resources and the Department of Environmental
[Resources] Protection; creating the Environmental Education
Fund; and providing for the disposition of a portion of
certain fines and penalties.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Section 27 of Article I of the Constitution of
Pennsylvania states that: "The people have a right to clean
air, pure water, and to the preservation of the natural,
scenic, historic and esthetic values of the environment.
Pennsylvania's public natural resources are the common
property of all the people, including generations yet to
come. As trustee of these resources, the Commonwealth shall
conserve and maintain them for the benefit of all the
people."
(2) [The State Board of Education has recognized the
study of the environment as an essential component of basic
education for graduating students. The regulations of the
board which pertain to curriculum identify the knowledge and
understanding of the environment as one of the goals of a
quality education.] The State Board of Education has adopted
environment and ecology curriculum standards identifying the
concepts and understanding that students in kindergarten
through grade 12 must attain at each level.
(3) The Department of Education has primary
responsibility for formal environmental education within this
Commonwealth's schools. A quality education should provide
each student with knowledge of natural and human resources,
an understanding of geographic environments, knowledge of the
interrelationships and interdependence of natural and human
systems, the development of environmental problem solving and
management skills and knowledge of and appropriate uses of
energy.
(4) The Department of Environmental [Resources has a
responsibility to help the public understand the
environmental laws as well as the roles of individuals,
groups, institutions, industry and government in finding
solutions to this Commonwealth's environmental problems and
the prevention of new problems.] Protection and the
Department of Conservation and Natural Resources have
responsibility for adult and nonformal environmental
education and a support role in basic and higher education.
The Department of Environmental Protection shall provide
environmental education support to adults, businesses, local
officials and farmers, emphasizing environmental stewardship
related to environmental laws, pollution reduction and
prevention, sustainable energy issues and environmental
problem solving.
[(5) The third week of October is recognized each year
as "Pennsylvania Environmental Education Week" as a means to
promote environmental education.
(6) The 20th Anniversary celebration of "Earth Day"
heralded the 1990's as the "Decade of the Environment." In
order to meet the challenges of this decade, citizens of this
Commonwealth will need the knowledge and skills to make
informed decisions as consumers and voters to help protect
the environment and prevent pollution.
(7) It is the policy of this Commonwealth that
environmental education is critically important to encourage
a citizenry which has the ability to help promote a healthy
environment and an understanding of the functioning of the
natural world and the necessity for environmental protection
and sound resource management.]
(5) The annual celebration of Earth Day is an
opportunity for every citizen in this Commonwealth to reflect
on our accomplishments in protecting the environment and on
the challenges we face in creating an environmentally aware
citizenry and sustainable communities.
(6) Environmental education is critical to promoting a
healthy environment and citizenry, sustainable communities
and to the growth of Pennsylvania's economy.
(7) A Pennsylvania Center for Environmental Education is
an essential component to help to identify the resources and
products needed to comply with the environment and ecology
standards, to assess the environmental knowledge and
understanding of the public, to avoid duplication in the
creation and delivery of environmental education programs to
create an informed citizenry and sustainable communities.
Section 3. Legislative purpose.
It is the purpose of this act to:
(1) authorize and require the Department of Education,
the Department of Conservation and Natural Resources and the
Department of Environmental [Resources] Protection to develop
and implement environmental education programs for the
citizens of this Commonwealth[;] and to provide leadership,
services, funding and accountability for environmental
education;
(2) encourage the environmental education efforts of
other agencies where appropriate, including, but not limited
to, those of the county conservation districts, the
Pennsylvania Fish and Boat Commission, the Game Commission,
[the Pennsylvania Energy Office,] the Department of
Agriculture, the Department of [Commerce, the Department of
Community Affairs,] Community and Economic Development, the
Department of General Services and the Department of
Transportation; [and]
(3) create and establish the Advisory Council on
Environmental Education within the Department of
Education[.]; and
(4) establish the Pennsylvania Center for Environmental
Education to support the environmental education efforts of
State agencies, county conservation districts, formal and
nonformal educators and nonprofit organizations.
Section 2. The act is amended by adding a section to read:
Section 3.1. Pennsylvania Center for Environmental Education.
(a) Establishment.--There is hereby established the
Pennsylvania Center for Environmental Education within the State
System of Higher Education which will, in consultation with
appropriate stakeholders, help to identify the needs for
environmental education and promote research and development of
programs for nonformal educators.
(b) Duties.--The Pennsylvania Center for Environmental
Education shall have the following duties:
(1) To promote the formation of partnerships with formal
and nonformal educators, schools, agencies, public officials,
county conservation districts, business, industry, nonprofit
citizen and environmental education organizations. The
partnership shall:
(i) Assist with the dissemination of existing
environmental education materials, program and training
opportunities to agencies, organizations, educators and
the public.
(ii) Provide preservice and nonformal educator
programs related to environmental education and support
efforts to disseminate materials to meet those needs.
(iii) Assist in evaluating the effectiveness of
nonformal environmental education programs.
(iv) Help to facilitate the active implementation of
the environment and ecology standards adopted by the
State Board of Education.
(v) Promote both Statewide and regional solutions to
environmental education needs to maximize the effective
use of existing resources.
(vi) Work with State agencies in the development of
new educational tools where environmental education needs
are identified.
(2) To inventory, disseminate and generate environmental
education-related research, including an environmental
readiness assessment of public knowledge, attitudes and
behaviors related to environmental concerns and concepts
every five years to help determine educational needs.
(3) To establish an Internet-based resources network to
make environmental information available and to provide
training and education opportunities for educators and
Pennsylvania's citizenry.
(4) To actively seek public and private sources of
funding to help support activities by the Pennsylvania Center
for Environmental Education and its project partners.
(c) Personnel.--The State System of Higher Education may, in
consultation with the Pennsylvania Center for Environmental
Education Board, hire such employees and contract with other
entities as it determines to undertake its responsibilities to
the extent available funds allow. All staff hiring, firing,
staff and program evaluations and fiscal accountability will
follow State System of Higher Education procedures and
practices.
(d) Pennsylvania Center for Environmental Education Board
established.--
(1) To oversee and assess the operations of the
Pennsylvania Center for Environmental Education in performing
its duties, a Pennsylvania Center for Environmental Education
Board is hereby established. The board shall consist of the
following:
(i) The secretary or his designee from each of the
following: the Department of Environmental Protection,
the Department of Conservation and Natural Resources and
the Department of Education.
(ii) Five representatives appointed by the
Chancellor of the State System of Higher Education. These
representatives shall be chosen from among the business,
agricultural, environmental, basic and higher education
communities or from among any community which the
appointing authority deems will further the purposes of
environmental education in this Commonwealth.
Representatives selected shall serve terms of four years.
Of the representatives first appointed by the appointing
authority, three shall serve for terms of two years and
three shall serve for terms of four years.
Representatives, upon expiration of their term, shall
continue to serve until a successor is appointed.
Vacancies shall be filled for the remainder of an
unexpired term in the same manner as original
appointments.
(iii) A representative of the Pennsylvania
Association of Conservation Districts appointed by the
Secretary of Agriculture.
(2) The board shall meet at least semiannually to
establish priorities, adopt an annual work plan and annual
budget, and review and approve activities of the center, and
shall elect a chairperson.
(3) Expenses of the board and the operation of the
Pennsylvania Center for Environmental Education shall be paid
by the State System of Higher Education from funds
appropriated by the General Assembly for the Pennsylvania
Center for Environmental Education.
Section 3. Sections 4, 5, 6, 7 and 8 of the act are amended
to read:
Section 4. Powers and duties of Department of Education.
The Department of Education shall have the following powers
and duties:
(1) To conduct a periodic evaluation of school-based
environmental education in this Commonwealth.
(2) To provide assistance, support and resource
information to educators, students and public and private
education agencies and organizations on environmental
education programs.
(3) To identify, recognize and establish awards for
exemplary environmental education curricula developed in
Commonwealth schools.
(4) To identify the need for the development of new
curriculum, preservice and continuing teacher professional
development and education programs related to environmental
education and to support efforts to develop programs and
materials to meet those needs in collaboration with other
agencies, environmental organizations or associations.
Section 5. Powers and duties of Department of Environmental
[Resources] Protection.
The Department of Environmental [Resources] Protection shall
have the following powers and duties:
[(1) To conduct a periodic evaluation of the status of
environmental education taking place in the nonformal sector
(outside of the classroom) in this Commonwealth.
(2) To maintain an inventory of environmental education
materials, programs and resources available in Commonwealth
agencies.
(3) To use the department's environmental education
centers as outreach facilities to bring youth and adult
education programs into communities and schools, focusing on
environmental issues of importance to the Commonwealth.
(4) To provide such grants as the Secretary of
Environmental Resources after consultation with the Secretary
of Education shall, in his discretion, approve to the
following: public and private schools for youth environmental
education, conservation and education organizations and
institutions for the purposes of providing environmental
education training to teachers, county conservation districts
and Bureau of State Parks Environmental Education Program.]
(1) To provide such grants as the Secretary of
Environmental Protection, after consultation with the
Secretary of Education, shall, in the Secretary of
Environmental Protection's discretion, approve to the
following: public and private schools, conservation and
education organizations and institutions, businesses and
nonprofit organizations and associations, county conservation
districts and the Department of Conservation and Natural
Resources for the purposes of providing environmental
education.
[(5)] (2) To prepare a guidance document, in
consultation with the Secretary of Education, for
administering the grants. [The department shall make the
document available for public review and comment by
publication in the Pennsylvania Bulletin.]
Section 6. Environmental Education Report.
The Secretary of Education and the Secretary of Environmental
[Resources] Protection, with input from the Advisory Council on
Environmental Education and the Pennsylvania Center for
Environmental Education Board, shall prepare a [periodic]
biennial report to the Governor and the General Assembly
outlining environmental education programs and achievements,
highlighting new initiatives and recommending future program
needs.
Section 7. The Advisory Council on Environmental Education.
(a) Duties.--There is hereby created an Advisory Council on
Environmental Education within the Department of Education. The
advisory council shall:
(1) Make recommendations to the Secretary of Education,
the Secretary of Conservation and Natural Resources and the
Secretary of Environmental [Resources] Protection with
respect to the use of any funds used to support environmental
education activities.
(2) Advise and assist the Secretary of Education, the
Secretary of Conservation and Natural Resources and the
Secretary of Environmental [Resources] Protection in carrying
out environmental education activities.
(3) Advise and assist the Secretary of Education, the
Secretary of Conservation and Natural Resources and the
Secretary of Environmental [Resources] Protection in
conducting a continual evaluation of the trends and needs in
environmental education.
(4) Make recommendations to the Secretary of Education,
the Secretary of Conservation and Natural Resources [and the
Secretary of Environmental Resources], the Secretary of
Environmental Protection and the Pennsylvania Center for
Environmental Education Board to help foster environmental
education programs.
(5) Make recommendations to the Secretary of
Conservation and Natural Resources and the Secretary of
Environmental [Resources] Protection on the distribution of
available grant moneys.
(b) Composition.--Council membership shall consist of [13]
16 members as follows:
(1) the Secretary of Education or his designee;
(2) the Secretary of Environmental [Resources]
Protection or his designee;
(2.1) the Secretary of Conservation and Natural
Resources or his designee;
(3) the Secretary of Agriculture or his designee; and
(4) [ten] twelve members appointed as follows:
(i) Three members representing Statewide or regional
environmental organizations appointed by the Secretary of
Environmental [Resources] Protection.
(ii) Two members representing Statewide or regional
business, industry or landowners' organizations appointed
by the Secretary of [Commerce] Community and Economic
Development.
(iii) Three members representing basic education
appointed by the Secretary of Education, one of which is
a vocational agricultural teacher appointed by the
Secretary of Education.
(iv) One member representing higher education
appointed by the Chancellor of the State System of Higher
Education.
(v) One member representing a Statewide or regional
general agricultural organization appointed by the
Secretary of Agriculture.
(vi) Two members representing conservation and
natural resource interests appointed by the Secretary of
Conservation and Natural Resources.
(c) Appointment, terms and expenses.--The [ten] 12 council
members shall be appointed for five-year terms. The initial term
of four of the council members shall be for one year, the
initial term of four members shall be for three years, and the
initial term of the remainder shall be for five years. A member
may be appointed for more than one term and shall serve until a
successor has been appointed. Members shall not be compensated
but shall be reimbursed for actual expenses in accordance with
the rules of the Executive Board.
(d) Officers and bylaws.--The council shall convene at least
[biannually] semiannually, shall elect a chairperson and a vice-
chairperson to serve a one-year term and shall adopt bylaws for
governing its operations.
(e) Staff.--The Secretary of Education shall designate such
staff as may be necessary for the operation of the council.
Section 8. Environmental Education Fund.
[(a) Establishment.--]There is hereby created a special
nonlapsing fund in the State Treasury to be known as the
Environmental Education Fund. An amount equal to 5% of the
moneys collected annually from fines, natural resource damage
settlements and penalties deposited in special funds or
restricted revenue accounts administered by the Department of
Environmental [Resources] Protection shall be deposited in this
fund. This annual allocation amount shall be based upon the
amounts collected in the previous fiscal year. All moneys placed
in the fund and the interest it accrues are hereby appropriated,
upon authorization by the Governor, to the Department of
Environmental [Resources] Protection and the Department of
Conservation and Natural Resources to accomplish the purposes of
this act. [Beginning in fiscal year 1992-1993, and each year
thereafter, moneys appropriated to the department under this
section shall not affect and are in addition to funding for
environmental education programs administered by the department
and the Department of Education that are in existence prior to
passage of this act.
(b) Return of certain moneys.--On June 30 of each fiscal
year any funds in the Environmental Education Fund in excess of
an amount equal to twice the average of expenditures for the
three prior fiscal years from the Environmental Education Fund
shall be returned to the special funds or restricted revenue
accounts from which those funds were originally transferred.]
Section 4. The addition of section 3.1 of the act shall
expire in seven years.
Section 5. This act shall take effect immediately.
APPROVED--The 9th day of July, A. D. 2008.
EDWARD G. RENDELL
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