Section 852 - State Conservation Commission(1) There is hereby created the State Conservation Commission, which shall be a departmental administrative commission under the concurrent authority of the department and the Department of Agriculture, with all the powers and duties generally vested in, and imposed upon, such commissions by the act of April 9, 1929 (P.L. 177, No. 175), known as "The Administrative Code of 1929." (a) The commission shall be administratively housed within the Department of Agriculture and shall be staffed and supported by both the department and the Department of Agriculture.(b) In order for the commission to fulfill its duties and responsibilities and exercise its authority under this and other acts, an agreement shall be executed between the Department of Agriculture, the department and the commission which specifically defines and delineates the role and responsibility of each agency in assisting the commission in fulfilling its duties.(c) In order for the commission to fulfill its duties and responsibilities and exercise its authority under this and other acts, the commission, the department and the Department of Agriculture:(i) May establish joint offices in order to facilitate cooperation and coordination of work and to eliminate overlapping functions.(ii) Shall cooperate with each other in the use of employes, land, buildings, quarters, facilities and equipment.(iii) Shall establish a single point of contact for the support, funding, administration and oversight of conservation districts, directors and staff and other cooperating organizations and individuals.(d) Upon request of the commission, for the purpose of carrying out any of its functions, any agency of the Commonwealth and The Pennsylvania State University may assign or detail members of their staff or personnel to the commission to provide services and support and may make such special reports, surveys or studies as the commission may request.(e) The commission shall consist of the Secretary of Environmental Protection or a designee, the Secretary of Agriculture of Pennsylvania or a designee, the Dean of the College of Agriculture of The Pennsylvania State University and four farmer members, who shall be farmers, to be appointed by the Governor with the advice and consent of a majority of the members elected to the Senate. In appointing farmer members, the Governor shall consider nominees submitted by the associations known as the "Pennsylvania State Council of Farm Organizations," and the "Pennsylvania Association of Conservation Districts, Inc.," or their successor organizations. Each association shall nominate one candidate for each farmer member vacancy. Two public members who shall not be farmers shall also be appointed to the commission by the Governor with the advice and consent of a majority of the members elected to the Senate. The State Conservationist of the Natural Resources Conservation Service of the United States Department of Agriculture, the Associate Director of the Cooperative Extension Service of The Pennsylvania State University, the President of the Pennsylvania Association of Conservation Districts, Inc., the Secretary of Conservation and Natural Resources or a designee and the Secretary of Community and Economic Development or a designee shall be associate, non-voting members of the commission.(f) The commission may appoint other associate, non-voting members who may be selected and removed with a two-thirds vote of the voting members.(g) The chairmanship of the commission shall rotate on an annual basis between the Secretary of Agriculture and the Secretary of Environmental Protection with the Secretary of Agriculture chairing the first annual rotation beginning July 1, 2007.(h) The commission shall keep a record of its official actions, and may perform such acts and promulgate such policies, procedures, performance standards, guidelines, rules and regulations as may be necessary.(i) The commission by a majority of its voting members shall select and employ an independent executive secretary to serve and report to the commission. The executive secretary shall not be supervised by the Department of Agriculture, the department or any other voting member entity. The commission shall assign the executive secretary duties and responsibilities as required to fulfill its obligations under this and other acts.(j) A majority of the voting members shall constitute a quorum and all decisions of the commission shall require a concurrence of the voting members of the commission.(k) At the last regular meeting of the commission in the calendar year, a vice-chairperson shall be elected by the members of the commission and shall serve in that capacity for the ensuing year.(l) The farmer and public members of the commission shall be appointed for a period of four years and shall hold office until their successors have been appointed and have qualified, but no longer than six months beyond the four-year period. The four farmer members' terms shall be so staggered that no more than one member's term shall expire each year while the two public members' terms shall be so staggered that no more than one member's term shall expire every second year. At the expiration of their terms of office or in the event of vacancies through death, resignation or otherwise, new farmer or public members shall be appointed to fill the unexpired terms of the members they are replacing. All farmer and public members of the commission shall be entitled to one hundred fifty dollars ($150) per diem adjusted every four years for inflation plus reimbursement for reasonable traveling, lodging and other necessary expenses incurred in the discharge of their duties in accordance with Commonwealth regulations.(m) The commission shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted.(n) An appointed member of the commission who fails to attend three consecutive meetings without cause shall forfeit his seat unless the chairperson of the commission, upon written request from the member, finds that the member should be excused from a meeting. The Governor may also remove an appointed member of the commission for malfeasance or misfeasance.(2) At the request of the commission, the Attorney General and/or Office of General Counsel of the Commonwealth will provide such services as the commission may require. With respect to any program delegated by any department of the Commonwealth to a conservation district pursuant tosection 11(2) , at the request of the commission, the Attorney General and/or Office of General Counsel will provide such services as the conservation district may require. With respect to the performance of any duties or functions delegated to a conservation district by any department of the Commonwealth pursuant tosection 11(2), the Commonwealth will defend and indemnify district directors, associate directors and district employes to the same extent as it defends and indemnifies Commonwealth employes, and such directors, associate directors and employes shall have all immunities afforded by law to Commonwealth employes.(3) The commission shall have authority to delegate to its chairperson, to one or more of its members, or to one or more agents or employes, such powers and duties as it may deem proper. Upon request of the commission, for the purpose of carrying out any of its functions, any agency of the Commonwealth and The Pennsylvania State University may assign or detail members of the staff or personnel to the commission, and may make such special reports, surveys or studies or provide services as the commission may request.(4) Deleted by 2008, July 9, P.L. 986, No. 75, § 3, effective in 60 days [Sept. 8, 2008].(5) In addition to the duties and powers herein conferred upon the commission, it shall have the following duties and powers:(a) To offer such training, assistance and certification as may be appropriate to the directors, staff and volunteers of conservation districts;(b) To keep the directors of each of the districts generally informed of activities and experience useful to other districts;(c) To approve and coordinate the programs of the conservation districts or projects; to apportion among the several districts or to any agency of the Commonwealth, the United States or cooperating organizations any funds allotted from State, Federal or other sources; to be responsible for the expenditures of such funds by the districts; and to establish standards for conservation district audits;(d) To secure the cooperation and assistance of any governmental agency and to be the agency through which government aid in land and water management and conservation of related resources can be extended to private lands;(e) To disseminate information concerning the activities and programs of the conservation districts and to encourage the formation of such districts in areas where their organization is desirable;(f) To accept contributions of money, services or materials to carry on land and water management and conservation of related resources under the provisions of this act;(g) To designate the organizations within the county that may act in nominating persons for appointment as directors, as provided in section 6 of this act. Such designations may be changed from time to time as conditions may warrant;(h) To approve applications for projects and recommend priorities for planning for watershed applications under the Watershed Protection and Flood Prevention Act, U. S. Public Law 566 of 1954, as amended;(i) To approve applications for projects and recommend priorities for planning for applications under the Resource and Conservation and Development Program authorized by Public Law 87-703, the Food and Agriculture Act of 1962, as amended;(j) To approve applications and recommend priorities for other Federal programs requiring State Conservation Commission participation;(k) To provide assistance through conservation districts to environmental advisory councils created by municipalities pursuant to the act of December 21, 1973 (P.L. 425, No. 148), referred to as the Municipal Environmental Advisory Council Law;(l) To approve the delegation of and contracting for certain functions and powers to districts and to monitor district activities in response to delegated functions and powers otherwise accepted by or contracted to districts;(m) To review fees for services established by conservation districts for the purpose of determining if such fees are reasonable in relation to the scope of the service to be provided;(n) To develop, implement and enforce programs which meet the purposes of this act, including nutrient management and odor management under 3 Pa.C.S. Ch. 5 (relating to nutrient management and odor management) and resource enhancement and protection tax credits under Article XVII-E of the act of March 4, 1971 (P.L. 6, No. 2), known as the "Tax Reform Code of 1971."(6) The commission shall have the power to receive such funds as appropriated, given, granted or donated to it, or to the program provided for in this act by the Federal Government, the Commonwealth or any other governmental or private agency or person, and shall use such funds for the carrying out of the provisions of this act. The commission may allocate such funds, or parts thereof, to the conservation districts or to any agency of this Commonwealth, the United States, or cooperating organization. Funds so allocated shall be apportioned in an equitable and just manner at the discretion of the commission, but the decision of the commission shall be final.(7) The commission shall have the power to administer grant, loan and tax credit programs for landowners to implement nonpoint source and other best management practices on their properties.1945, May 15, P.L. 547, § 4. Amended 1963, July 25, P.L. 316, § 1; 1963, Aug. 1, P.L. 445, No. 236, § 1; 1963, Aug. 8, P.L. 598, § 1; 1967, Dec. 19, P.L. 860, §§ 2, 3; 1972, Dec. 29, P.L. 1686, No. 361, § 4. Reenacted and amended 1984, Dec. 9, P.L. 1125, No. 221, § 2, imd. effective. Amended 1986 , April 30, P.L. 128, No. 39, § 1, effective 5/1/1986; 2008, July 9, P.L. 986, No. 75, §3, effective in 60 days [ 9/8/2008].