Current through Register Vol. 54, No. 44, November 2, 2024
Section 83.61 - General requirements(a) This program is known as the Technical Assistance Cost Share Program.(b) Funds allocated to districts under this program shall be utilized solely for employing conservation district technicians or engineers to provide technical assistance and services assumed by the district including, but not limited to, the following: (1) The Erosion and Sediment Control Program and the National Pollutant Discharge Elimination System Permitting Program as specified in the delegation agreement with the Department. The percentage of cost share for conservation district technicians performing duties under Erosion and Sediment Control Program shall be at the following rates, based on the level of responsibilities:(2) The Agricultural Conservation Technical Assistance Program established in program guidelines and approved by the Commission.(i) Cost share provided for agricultural conservation technicians and engineers shall be at a rate of 50% of the total cost of employment, up to caps established by the Commission for entry, working and master-level positions established in the Agricultural Conservation Technical Assistance Program guidelines.(ii) For purposes of the Agricultural Conservation Technical Assistance Program, the balance of the funds shall be from non-State sources, except as are provided to conservation districts under the Nutrient Management Act Program, the Biosolids Program and the Easement Program and may be utilized for the purpose of matching funds. Other State and Federal funds, as approved by the Commission on a case-by-case basis, may also be authorized for purposes of matching funds.(3) Other program areas established in Technical Assistance Cost Share Program elements under this subchapter. (i) Cost share shall be provided for technical staff positions performing duties under the approved program area approved by the Commission at a rate established by the Commission.(ii) The conservation district technician or engineer funded under the Technical Assistance Cost Share Program is the employee of the district and not the employee of the Commonwealth. A person serving as a conservation district technician or engineer shall receive general supervision from a district director or an employee of the district designated by the board of directors.(iii) The Commission will pay no more than the established cost share rate of the total cost of employment for the conservation district technician or engineer even when employed by more than one district.(iv) The Commission, as funds are available, has the authority to increase a district technician's cost share allocation and reimburse the district up to an additional 10% for each conservation district technician, or engineer, in supplemental increments of up to 10%, if the following conditions in clauses (A) and (B) are met by a district employee. Caps for supplemental funding increases will be established by the Commission. (A) For a conservation district technician under the Erosion and Sediment Control Program who has achieved certification as an erosion and sediment control technician, level 2, by the National Institute for Certification in Engineering Technologies or certified by the International Erosion Control Association as a Certified Professional in Erosion and Sediment Control and other professional certification programs recognized by the Commission or is a professional engineer with a minimum of 2 years experience in erosion and sediment control.(B) For an agricultural conservation technician or engineer who has obtained and maintained certain Natural Resources Conservation Service Engineering Job Approval Ratings, professional certifications or specified training as prescribed by the Commission; or is a registered engineer with a minimum of 2 years experience in the design and installation of agricultural conservation best management practices.(v) The Commission may determine the number of technicians or engineers to be cost shared per district contingent on the availability of funds.(A) The cost share rate for additional conservation district erosion and sediment control technicians shall be based on the level of responsibility assumed by the district in the Erosion and Sediment Control Program as specified in the delegation agreement with the Department.(B) The cost share rates for additional agricultural conservation technicians or engineers within a single county will be established at the sole discretion of the Commission.(vi) The Commission has the authority to reduce the cost share rate for additional conservation district technicians or engineers where more than one technician or engineer is cost shared in the conservation district.(vii) If an evaluation of the district's performance reveals that a district is not performing satisfactorily at the authorized level, the Commission has the authority to reduce the allocation or the level of cost share for the technicians, or both.The provisions of this §83.61 adopted February 24, 1984, effective 1/6/1984, 14 Pa.B. 657; amended July 4, 1986, effective 7/5/1986, 16 Pa.B. 2411; amended September 22, 1989, effective 9/23/1989, 19 Pa.B. 4090; amended June 23, 1995, effective 6/24/1995, 25 Pa.B. 2506; amended February 15, 2008, effective 2/16/2008, 38 Pa.B. 889.The provisions of this §83.61 amended under section 4(1), (5)(c) and (6) of the act of December 19, 1984 (P. L. 1125, No. 221) (3 P. S. § 852(1), (5)(c) and (6)); amended under the Conservation District Law (3 P. S. §§ 849-864); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).