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Scaled down version of Agriculture, Community and Rural Environment
initiative passes General Assembly
In the flurry of activity leading up to summer adjournment, the
General Assembly passed a modified version of Governor Rendell's
so-called ACRE (Agriculture, Community and Rural Environment) initiative.
The Sierra Club did not support the final version
of HB 1646, but due to citizen pressure, the worst provisions of
the original bill were eliminated.
As introduced, ACRE would have given authority to a newly-created
Agriculture Review Board (ARB) to overturn local ordinances attempting
to regulate animal factory farms. The ARB, four of whose members
would be appointed by the Governor, was seen as unaccountable and
prone to politically-motivated decisions, which would need to be
appealed to Commonwealth Court. The review board could have halted
deliberations over proposed ordinances, a precedent-setting power
grab by the Administrative branch of government.
As passed, the bill allows the Attorney General to review the legality
of current and future ordinances, and offer his advice, but it does
not require him to invalidate them. He can also challenge an ordinance
in court, as could any "aggrieved" third party. If the
local government enacting the ordinance is found to act in negligent
disregard of the law, attorney's fees can be awarded to the ”aggrieved
party” bringing a successful challenge. After these Attorney
General provisions were inserted into the bill, the PA State Township
Supervisors' Association (PSATS) dropped its opposition.
The Department of Environmental Protection has been trying to establish
a 150 foot buffer from surface waters for the application of manure
in their regulations, but the final version of HB 1646 only establishes
a 100 foot buffer. However, one improvement over current law and
regulations is that the bill requires that CAFOs (concentrated animal
feeding operations) develop and implement an odor management plan
for new and expanding operations.
A number of other amendments designed to improve HB 1646 were defeated
through parliamentary maneuvering by the Republican leadership in
the House. The Senate then passed ACRE without any further amendments.
Governor Rendell signed HB 1646 into law.
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