(a) Creation.--There is created the Nutrient Management Advisory Board. The board shall consist of 16 members appointed by the chairman of the commission and approved by a two-thirds vote of the commission. The members so appointed shall consist of six active commercial farm owners or operators representing the livestock, swine, meat poultry, egg poultry and dairy industry nominated by Statewide general farm organizations, one veterinary nutrition specialist, one representative from the feed industry, one representative from the fertilizer industry, one representative of local government, one representative of academia who shall be an agronomist or plant scientist faculty member of the school of agriculture of a Pennsylvania college or university, one representative of academia who shall be an animal science faculty member with an expertise in odor management from the school of agriculture of a college or university within this Commonwealth, one hydrologist, two citizen representatives who are not farmers and one environmental representative, all of whom shall have sufficient knowledge, experience or familiarity with agronomic practices, nutrient management practices or odor management practices and all of whom shall be residents of this Commonwealth. The six active commercial farm owners or operators shall be nominated in a manner that provides representation of the northwest, north central, northeast, southwest, south central and southeast regions of this Commonwealth, corresponding to the regions served by the Department of Environmental Protection regional offices. Two of the six active commercial farm owners or operators shall hold an active concentrated animal feeding operation permit as required by the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.
(b) Compensation.--Board members shall not receive a salary but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties.
(c) Meetings.--A majority of the board shall constitute a quorum. All actions of the board shall be by a majority vote. The board shall meet upon the call of the commission, but not less than semiannually, to carry out its duties under this chapter. The board shall annually select a chairman and such other officers as it deems appropriate.
(d) Duties.--The board shall review and comment on all commission proposed regulations developed to implement the provisions of this chapter. The commission shall have no power to promulgate regulations under this chapter until receipt of written comments on the proposed regulations from the board or until 90 days have expired from the date when the regulations were submitted by the commission to the board for its comments. Existing regulations shall continue until modified, superseded or repealed by the commission.
(e) Term.--The term of office for each board member shall be three years except that the commission shall stagger the initial terms of the charter members such that five shall serve for one year, five shall serve for two years and six shall serve for three years. Board members may be appointed to successive terms at the discretion of the commission, provided that no member may serve more than two three-year terms.
(Oct. 24, 2018, P.L.1179, No.162, eff. 60 days)
2018 Amendment. Act 162 amended subsecs. (a) and (d). Section 3 of Act 162 provided that members of the Nutrient Management Advisory Board and members of the Agricultural Advisory Board, as of the effective date of section 3, shall continue to serve as members of their respective boards until their present terms of office expire.
Cross References. Section 510 is referred to in sections 503, 504 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 5 - Nutrient Management and Odor Management
Section 502 - Declaration of legislative purpose
Section 504 - Powers and duties of commission
Section 505 - Powers and duties of Department of Environmental Protection
Section 506 - Nutrient management plans
Section 507 - Manure application setbacks and buffers
Section 508 - Nutrient management certification program and odor management certification program
Section 509 - Odor management plans
Section 510 - Nutrient Management Advisory Board
Section 511 - Financial assistance
Section 512 - Nutrient Management Fund
Section 513 - Unlawful conduct
Section 514 - Civil penalties and remedies
Section 515 - Limitation of liability
Section 516 - Enforcement authority; enforcement orders
Section 517 - Appealable actions
Section 518 - Powers reserved under existing laws
Section 519 - Preemption of local ordinances