News & Notes December 2007

SB 1020 Advances to Full Senate

The Senate Agriculture Committee considered and passed SB 1020. This legislation updates Act 217, the Conservation District Law, which is the Pennsylvania statute that created the State Conservation Commission (SCC) and provided the authority for county governing bodies to create conservation districts. Although the original law was outstanding in its visionary approach, there is a need to update some of the contents of the law.

SB 1020 designates conservation districts as a primary local government unit responsible for the conservation of natural resources in the Commonwealth. It specifically states that districts are responsible for implementing programs, projects, and activities to quantify, prevent, and control non-point sources of pollution.

An important provision incorporated into SB 1020 delineates the roles and responsibilities of the PA Department of Agriculture and the PA Department of Environmental Protection in assisting the SCC to fulfill its duties.

Other key points of the legislation include:

• Establishing a procedure for those members of the SCC and local directors who do not, or cannot perform their responsibilities.
  
• Offering appropriate training assistance and certification for directors, staff, and volunteers of the conservation districts.
  
• Requiring SCC approval of delegation and contracting for certain functions and powers of the districts.
  
• Allowing the Commission to administer grant, loan, and tax credit programs for landowners to implement non-point source and other best management practices on their properties.
  
• Reducing the requirement to at least one eligible nominee for each director to be appointed.
  
• Allowing the county government body to require that directors of the conservation district be residents of the county.
  
• Requiring the county governing body to provide names and contact information of directors to the SCC.
  
• Delineating a list of activities conservation districts can engage in including any natural resource program approved by the Commission.
  
• Allowing districts to contract with state and local agencies for payment for services rendered.
  
• Allowing conservation districts to accept contributions from federal, state, and local government entities.
  
• Allowing any other state agency to delegate one or more of its regulator and enforcement functions to conservation districts.
  
• Adding the President of PACD, the Secretary of the Department of Conservation and Natural Resources, and the Secretary of the Department of Community and Economic Development as associate, non-voting members of the SCC.
  
• Providing the farmer and public members of the Commission with a $150 per diem which will be adjusted every four years for inflation, plus reimbursement for expenses incurred as a result of their SCC duties. Additionally, the bill allows per diem payments to county directors if funding is available.
  
• Requiring SCC review of fees for services established by conservation districts for the purpose of determining if such fees are reasonable in relation to the scope of the service to be provided.
  
• Requiring any Commonwealth agency entering into a delegated agreement with a conservation district to include, in writing, a clear delineation of the duties to be performed; a clear delineation of the authorities under which the duties will be performed; an analysis of funding sources available; an estimation of the amount of funds or compensation, if any, to be provided; any conditions, limitations or other factors that affect or potentially affect the proposed funding sources; and any additional resources, services, and support, including staff, that may be provided to the conservation district.

PACD is hopeful that the full Senate will consider SB 1020 early in 2008.

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