3 Pa. Stat. § 2005

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 2005 - The Agricultural By-Product Management Technology Board
(a) Establishment.-- There is established within the department an Agricultural By-Product Management Technology Board.
(b) Composition.-- The board shall be appointed by the Governor and shall be composed of the following:
(1) The secretary or a designee who shall serve as chairman.
(2) One person who owns and operates on a continuous basis a digester.
(3) One person who represents a by-product management technology business enterprise.
(4) One nutrient management specialist from the private sector who has been commercially certified pursuant to the act of May 20, 1993 (P.L. 12, No. 6) , known as the Nutrient Management Act.
(5) One person representing the Pennsylvania Association of Conservation Districts.
(6) One person, not part of the agricultural community, who shall represent the public.
(7) Two active commercial farm owners or operators, at least one representing animal agriculture.
(8) One representative from the agribusiness industry representing agricultural processing facilities.
(9) Two representatives from separate academic institutions with expertise in agricultural engineering and by-product management.
(10) One representative of the State Conservation Commission.
(11) The Secretary of the Department of Environmental Protection or a designee.
(12) One representative of commercial agricultural lenders.
(13) One representative of local government.
(c) Expenses of board members.-- The members of the board shall not be entitled to compensation for their services as members but shall be entitled to reimbursement for all necessary expenses incurred in connection with the performance of their duties as members of the board.
(d) Meetings.-- The board shall meet at least semiannually or more frequently if deemed necessary by the chairman.
(e) Quorum.-- Eight of the members appointed to the board shall constitute a quorum for purposes of conducting meetings and official actions pursuant to authority given to the board under this act. No decision by the board shall be effective unless eight of the board members are actually present and a majority of those present vote to support the decision.
(f) Application of member.-- A member of the board may apply to take part in any program administered under this act, provided all decisions regarding the program application are subject to the provisions of 65 Pa.C.S. § 1103(j) (relating to restricted activities) and the act of July 19, 1957 (P.L. 1017, No. 451), known as the State Adverse Interest Act. If any contract or agreement is made in violation of this section, the contract or agreement shall be null and void and no action shall be maintained against the Commonwealth.
(g) Powers and duties of board.-- The board has the following powers and duties:
(1) To work in consultation with the department to continually evaluate advanced technology regarding economically and environmentally feasible digesters and by-product management technologies.
(2) To research, review and evaluate by-product management technologies that are environmentally sound and economically feasible and make recommendations to the secretary.
(3) To research, review and evaluate specific regional by-product reduction needs and opportunities and to recommend to the secretary appropriate by-product management technology that exists to satisfy those needs.
(4) To encourage cooperation among and between the agricultural community, industry and local government regarding the use and development of agricultural by-product management technologies.

3 P.S. § 2005

1994, Dec. 12, P.L. 888, No. 128, § 5, effective in 60 days. Amended 2001, June 22, P.L. 405, No. 32, § 3, effective in 60 days.