Pennsylvania Consolidated & Unconsolidated Statutes
Act 105 - SURFACE MINING CONSERVATION AND RECLAMATION ACT - MINING AND RECLAMATION ADVISORY BOARD

Session of 2022
No. 2022-105
 
HB 668
 
AN ACT
 
Amending the act of May 31, 1945 (P.L.1198, No.418), entitled "An act providing for
the conservation and improvement of land affected in connection with surface mining;
regulating such mining; providing for the establishment of an Emergency Bond Fund
for anthracite deep mine operators; and providing penalties," further providing for
Mining and Reclamation Advisory Board.

 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
 
Section 1.  Section 18(g) of the act of May 31, 1945 (P.L.1198, No.418), known as the Surface
Mining Conservation and Reclamation Act, is amended to read:

Section 18.  Surface Mining Conservation and Reclamation Fund; Remining Environmental Enhancement
Fund; Remining Financial Assurance Fund; Department Authority for Awarding of Grants.--*
* *

(g)  There is hereby created a Mining and Reclamation Advisory Board to assist the secretary
to expend the funds for the purposes provided by this act and to advise the secretary
on all matters pertaining to mining and reclamation which shall include, but not be
limited to, experimental practices, alternate methods of backfilling, selection of
reclamation projects, alternate reclamation methods, obligations for preexisting pollution
liability, alteration of reclamation plans, reclamation fees and bonding rates and
methods.

(1)  [The board shall be comprised of three (3) coal operators, two (2) of whom shall be
licensed bituminous surface mine operators and one (1) of whom shall be a licensed
anthracite surface mine operator; four (4) public members from the Citizens Advisory
Council, who shall be appointed by the council; two (2) members, one (1) from the
Anthracite and Bituminous Licensed Professional Engineers and one (1) from the County
Conservation Districts, who shall be appointed by the State Conservation District
Commission; four (4) members of the General Assembly, two (2) from the Senate, one
(1) member from the majority party and one (1) member from the minority party, who
shall be appointed by the President pro tempore, and two (2) from the House of Representatives,
one (1) from the majority party and one (1) from the minority party, who shall be
appointed by the Speaker of the House of Representatives.] The board shall be comprised of the following members:
(i)  Three (3) coal operators, two (2) of whom shall be licensed bituminous surface mine
operators and one (1) of whom shall be a licensed anthracite surface mine operator.

(ii)  Four (4) public members from the Citizens Advisory Council, who shall be appointed
by the council.

(iii)  Two (2) members, one (1) from the Anthracite and Bituminous Licensed Professional
Engineers and one (1) from the County Conservation Districts, who shall be appointed
by the State Conservation District Commission.

(iv)  Four (4) members of the General Assembly, two (2) from the Senate, one (1) from the
majority party and one (1) from the minority party, who shall be appointed by the
President pro tempore of the Senate, and two (2) from the House of Representatives,
one (1) from the majority party and one (1) from the minority party, who shall be
appointed by the Speaker of the House of Representatives.

(v)  If a coal refuse energy and reclamation facility is operating within this Commonwealth,
an additional one (1) member shall be an operator or employe of the coal refuse energy
and reclamation facility.

(2)  The secretary shall chair the [Mining and Reclamation Advisory Board] board and appoint the members from the coal industry, the member from the coal refuse energy and reclamation industry and the member from the Anthracite and Bituminous Licensed Professional Engineers.

(3)  All members shall be appointed for a term of two (2) years, except that one-half of
the initial members shall serve for three (3) years.

(4)  All actions of the board shall be by majority vote. The board shall meet upon the
call of the secretary, but not less than quarterly, to carry out its duties under
this act. The board shall select from among its members a chairperson and such other
officers as it deems appropriate.

(5)  The board shall prepare an annual report on its activities and submit the report to
the Senate Environmental Resources and Energy Committee and the House Conservation
Committee.

* * *
Section 2.  This act shall take effect in 60 days.
 
APPROVED--The 3rd day of November, A.D. 2022.
 
TOM WOLF

Structure Pennsylvania Consolidated & Unconsolidated Statutes