Significant Update to Conservation District Act Signed Into Law

The Pennsylvania Association of Conservation Districts applauds the General Assembly for its unanimous passage of Senate Bill 1020 (Wonderling-R-Montgomery) and Gov. Rendell for signing the legislation into law.

This legislation updates the Conservation District Law, which is the Pennsylvania statute that created the State Conservation Commission and provided the authority for county governing bodies to create conservation districts.

Pennsylvania’s conservation districts administer a wide array of delegated and contracted state programs with a number of funding sources.

The bill increases the capacity of conservation districts to deliver locally led conservation, and further defines and strengthens the State Conservation Commission and includes these changes:

· 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 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;

· Further 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 state agency to delegate one or more of its regulatory and enforcement functions to conservation districts;

· Adding the President of PACD, the Secretary of DCNR, and the Secretary of DCED 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 4 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;

· Allowing 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;

· Explicitly stating that the law does not diminish, limit, or in any way interfere with the authority given to state agencies under other laws;

· Allowing Commonwealth agencies to agree to fee schedules for work performed by conservation districts for E&S, stream encroachments and other work or services;

· Requiring any Commonwealth agency to provide the SCC with analyses of funding and compensation, conditions affecting funding, and a clear delineation of the duties, authorities, deliverables and tasks to be performed prior to the SCC’s approval of any delegation agreement;

· Allowing directors to serve no longer than six months beyond an expired term; and

· Allowing associate directors who have had two or more years of active service to fill an unexpired terms as director.

Susan Marquart, PACD Executive Director stated, “We are thrilled with the passage of Senate Bill 1020. The unanimous vote confirms the bi-partisan effort and importance of this legislation to strengthen the Conservation District law.”

Larry Kehl, PACD President agreed. “We would like to thank the PA House of Representatives and Senate for their support of Senate Bill 1020 as well as the Governor for signing the legislation into law.”

The bill is now Act 75 of 2008.


7/11/2008

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