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