Section 5. The Agricultural By-Product Management Technology
Board.
(a) Establishment.--There is established within the department an Agricultural By-Product Management Technology Board.
(b) Composition.--The board shall be appointed by the Governor and shall be composed of the following:
(1) The secretary or a designee who shall serve as
chairman.
(2) One person who owns and operates on a continuous
basis a digester.
(3) One person who represents a by-product management
technology business enterprise.
(4) One nutrient management specialist from the private
sector who has been commercially certified pursuant to the
act of May 20, 1993 (P.L.12, No.6), known as the Nutrient
Management Act.
(5) One person representing the Pennsylvania Association
of Conservation Districts.
(6) One person, not part of the agricultural community,
who shall represent the public.
(7) Two active commercial farm owners or operators, at
least one representing animal agriculture.
(8) One representative from the agribusiness industry
representing agricultural processing facilities.
(9) Two representatives from separate academic
institutions with expertise in agricultural engineering and
by-product management.
(10) One representative of the State Conservation
Commission.
(11) The Secretary of the Department of Environmental
Protection or a designee.
(12) One representative of commercial agricultural
lenders.
(13) One representative of local government.
(c) Expenses of board members.--The members of the board shall not be entitled to compensation for their services as members but shall be entitled to reimbursement for all necessary expenses incurred in connection with the performance of their duties as members of the board.
(d) Meetings.--The board shall meet at least semiannually or more frequently if deemed necessary by the chairman.
(e) Quorum.--Eight of the members appointed to the board shall constitute a quorum for purposes of conducting meetings and official actions pursuant to authority given to the board under this act. No decision by the board shall be effective unless eight of the board members are actually present and a majority of those present vote to support the decision.
(f) Application of member.--A member of the board may apply to take part in any program administered under this act, provided all decisions regarding the program application are subject to the provisions of 65 Pa.C.S. § 1103(j) (relating to restricted activities) and the act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act. If any contract or agreement is made in violation of this section, the contract or agreement shall be null and void and no action shall be maintained against the Commonwealth.
(g) Powers and duties of board.--The board has the following powers and duties:
(1) To work in consultation with the department to
continually evaluate advanced technology regarding
economically and environmentally feasible digesters and by-
product management technologies.
(2) To research, review and evaluate by-product
management technologies that are environmentally sound and
economically feasible and make recommendations to the
secretary.
(3) To research, review and evaluate specific regional
by-product reduction needs and opportunities and to recommend
to the secretary appropriate by-product management technology
that exists to satisfy those needs.
(4) To encourage cooperation among and between the
agricultural community, industry and local government
regarding the use and development of agricultural by-product
management technologies.
(5 amended June 22, 2001, P.L.405, No.32)