April 22, 2022
Agricultural Law Weekly Review—Week Ending April 22, 2022
Water Quality: EPA Response Finds ‘No Confidence’ in PA’s Phase III WIP, Gives State 90 Days to Submit Additional Plans 🌾
On April 19, 2022, the U.S. Environmental Protection Agency (EPA) sent a letter to Pennsylvania Department of Environmental Protection (DEP) Secretary Patrick McDonnell responding to Pennsylvania’s draft amended Phase III Watershed Implementation Plan (WIP), submitted to EPA December 30, 2021. Although EPA “commend[s] . . . Pennsylvania for [its] “effort[s] to engage local leaders and stakeholders,” the letter identifies several deficiencies in Pennsylvania’s draft amended WIP and states that the plan “does not provide EPA with confidence that Pennsylvania will have all practices and controls in place by 2025 to achieve the [Chesapeake Bay Program’s (CPB)] nutrient and sediment targets.” Specifically, EPA states that Pennsylvania’s draft amended Phase III WIP only satisfies “70% of the nitrogen target, 99% of the phosphorus target, and 93% of the sediment target,” leaving a “nitrogen gap of 9.7 million pounds, a phosphorus gap of 6,000 pounds, and a sediment gap of 48 million pounds.” Additionally, the letter stated that Pennsylvania’s draft amended Phase III WIP “lacked detail” about the state’s plans to “update or develop new programs,” “close needed program gaps or fully fund state programs,” “increase funding for best management practices,” “direct program upgrades,” and support Countywide Action Plan implementation. Additionally, the letter included two enclosures: enclosure one evaluated Pennsylvania’s draft amended Phase III WIP in detail with specific recommended actions and enclosure two outlined potential federal actions EPA may take, including expanding National Pollutant Discharge Elimination System (NPDES) permit coverage, expanding EPA review of Bay watershed draft permits, and establishing “finer-scale” waste load allocations. According to the letter, Pennsylvania has 90 days to submit an update detailing its plan to “close the nutrient and sediment gaps using CBP partnership approved [best management practices] and data management methods” and explaining “programmatic enhancements and strategies to increase confidence” in the state’s ability to satisfy the CBP partnership’s 2025 targets.
Environmental Policy: CEQ Publishes Final Rule on National Environmental Policy Act Implementing Regulations
On April 20, 2022, the Council on Environmental Quality (CEQ) published a final rule in the Federal Register revising the implementation regulations for the National Environmental Policy Act (NEPA) (87 FR 23453). The final rule revokes and replaces CEQ’s July 16, 2020, rule (85 FR 43304), issued pursuant to the previous administration’s E.O. 13807 of Aug 15, 2017. CEQ promulgated the current rule in response to President Biden’s January 20, 2021, Executive Order, “Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis,” (E.O. 13990), which directed all executive agencies to promptly repeal any rule or regulations implementing it and specifically directed CEQ to review the July 2020 rule. The final rule amends 40 CFR parts 1502, 1507, and 1508. The rule revises part 1502 to omit language requiring that the reviewing agency “shall base the purpose and need on the goals of the applicant and the agency’s authority” to instead allow that “[t]he statement shall briefly specify the underlying purpose and need to which the agency is responding in proposing the alternatives including the proposed action.” According to an announcement from the White House, this change will give agencies “flexibility to determine the ‘purpose and need’” and allow them to collaborate with communities and project developers “to mitigate or avoid environmental harms by analyzing common sense alternatives.” Part 1507 has been amended to remove language that specified that CEQ’s NEPA regulations “shall apply” “[w]here existing agency NEPA procedures are inconsistent” with CEQ’s regulations, a change that the White House states “[e]stablishes CEQ’s NEPA regulations as a floor, rather than a ceiling.” Part 1508 expands the rule’s previous definition of “effects or impacts” to include a proposed action’s “direct,” “indirect,” and “cumulative” impacts, and removed language declaring a “‘but for’ causal relationship . . . insufficient to make an agency responsible for a particular effect under NEPA.” Additionally, the rule omitted language from the previous definition of “reasonable alternatives” that designated that “where applicable,” it must “meet the goals of the applicant,” allowing a reviewing agency more flexibility when considering alternatives. According to the White House announcement, this rulemaking is Phase 1 and CEQ will begin its Phase 2 NEPA rulemaking “over the coming months.” The final rule, which the White House states, “will not delay any projects or reviews underway and will not add time to the NEPA process,” becomes effective May 20, 2022.
Ag-Gag Statutes: Federal Court Finds Unconstitutional Texas Law Prohibiting Drone Use Over ‘Critical Infrastructure Facility’
On March 28, 2022, the U.S. District Court for the Western District of Texas issued an order finding unconstitutional and enjoining the enforcement of a Texas law that imposed criminal penalties on a person operating an unmanned aerial vehicle (UAV), or drone, over a “critical infrastructure facility,” which the law defined to include animal feeding operations and water treatment facilities, among several other structures. National Press Photographers Association et al v. McCraw et al., No. 1:19-cv-00946. The court found that the law specifically targeted journalists by excluding them from a list of persons whose drone use was excluded from the law, which included students, professors, insurance company employees, and real estate brokers. The court determined that the law was “overbroad and underinclusive,” infringing on free speech rights in violation of the First Amendment and granted summary judgment in favor of the plaintiff photographers association.
Water Quality: Virginia Determines Solar Panels ‘Impervious’ for Stormwater Runoff Calculations
On March 29, 2022, Virginia’s Department of Environmental Quality (DEQ) issued a memorandum, effective immediately upon issue, that added the panel component of solar panels as an impervious area (a solid surface that does allow water to pass through). Previously, DEQ had only considered solar panel posts and beams as impervious areas, but the agency has since determined that excluding the solar panels may underestimate the solar panel runoff volume and rate. According to the memorandum, DEQ will now consider solar panels to be “impervious areas” for the purpose of post-development water quantity and quality calculations. However, the memorandum specifies that it “does not prohibit any alternative method.” On April 14, 2022, DEQ issued a second memorandum reiterating the March 29 memorandum requirements and clarifying that the changes apply to any solar project that does not have an approved interconnection by December 31, 2024. According to both memorandums, DEQ plans to issue further agency guidance regarding its classification of solar panels as “impervious areas.”
CENTER PROGRAMS & RESOURCES
New at aglaw.psu.edu:
Dairy and Dairy Products Law (new Virtual Resource Room).
Timely HPAI Resources of Note on Indemnity and Compensation:
- Process and Procedure
HPAI Response: Overview of Finance & Administration Procedures (Feb. 4, 2022).
This document is the outline of the process to be followed in order to get paid for birds/eggs and potentially virus elimination if not done 100% by USDA APHIS contractors.
This document extensively incorporates contents of an LPAI guidance document, titled: VS Guidance 8603.2 Procedures for Indemnity and Compensation Claims in Cases of H5/H7 Low Pathogenicity Avian Influenza Infection in Poultry.
Within this document are mentioned forms to be used. Those forms are either found: (a) directly within VS Guidance 8603.2 discussed above; or (b) found on the APHIS webpage titled, Highly Pathogenic Avian Influenza, under the green drop-down menu titled “Response and Policy Information” and then under the heading “Finance and Administration Processes.”
- Producer Indemnity (payment for birds and eggs)
HPAI Response: Poultry Indemnity Valuation (Apr. 12, 2022) – explains the process and how valuations are set
USDA Indemnity Values for 2022: Commercial Table (Mar. 2022) – the actual published amounts for 2022
VS Indemnity Values for 2022: Specialty Table (Mar. 2022) – the actual published amounts for 2022
- Producer Compensation (payment for cleaning and disinfecting, i.e. virus elimination)
HPAI Virus Elimination: Per-Square-Foot Rates for Floor-Raised Poultry (Sept. 2020 – still current as of 4/14/22). – explains the process, how amounts are set and contains the actual published amounts.
HPAI Virus Elimination: Per-Cubic-Yard Flat Rates for Table Egg-Laying Bird Barns and Table Egg Storage and Processing Facilities (Sept. 2020- still current as of 4/14/22) – explains the process, how amounts are set and contains the actual published amounts.
Episode #210, Federal Court Enjoins Iowa’s March 2019 Ag-Gag Law & Tenth Circuit Affirms Dismissal of ‘Product of the USA’ Meat Labeling Lawsuit (Mar. 23, 2022).
Episode #209, Appropriations Act Provides $1 Million for Cattle Contract Library Pilot Program & FDA Approves Food Use for Genetically Altered Cattle (Mar. 15, 2022).
Episode #208, Federal Court Denies Prop 12 Preliminary Injunction & EPA Denies All Objections to Chlorpyrifos Rule (Mar. 10, 2022).
Top #AgLaw HotLinks Apr. 18–22, 2022
Retail Fertilizer Prices Higher, as Chinese Soybean Demand Weakens, Farm Policy News
Dairy Giant Arla Wants to Pay Farmers More for Low-Emission Milk, Bloomberg
Sanctions on Russian Fertilizer Exports Could Hinder Global Food Supply, Brownfield
FDA Probes Lucky Charms’ Possible Link to Illnesses, Wall Street Journal
Pa. Farm Bureau Applauds Pa. House Passage of Whole Milk Bill, Morning AgClips
Apr. 28, 2022, Penn State Extension Webinar, Farmland Preservation Programs and Techniques in Pennsylvania, noon-1:30 pm, ET. Center Staff Attorney Brook Duer will be a presenter. Registration.
Also see, Preserving Pennsylvania’s Farmland: Webinar to Cover Techniques and Programs (Apr. 15, 2022).
Webinar Series: Legal Planning for Specialty Crop Producers: Understanding Liability Protections, Regulatory Processes and Other Legal Risks. Free webinar series via Zoom. Registration at any time will entitle you to watch recordings of and attend all sessions, as well as receive the webinar materials.
Webinars 1–3 (Recordings now available to registrants)
Mar. 9, 2022: Legal Liability Risks from Business Invitees on the Farm.
Mar. 23, 2022: Legal Liabilities in Selling Raw and Processed Specialty Crop Products.
Apr. 6, 2022: Business Structures for Operational Resilience and Liability Avoidance.
Webinars 4–6
Nov. 16, 2022, noon ET: Licensing and Regulatory Obligations in Selling Raw and Processed Specialty Crop Products.
Nov. 30, 2022, noon ET: Municipal Law & Zoning for Agritourism / Agritainment, Specialty Crop Processing & Sales.
Dec. 14, 2022, noon ET: Statutory Protections/Restrictions: Understanding PA’s Ag Area Security, Right-To-Farm, ACRE, and Clean & Green Laws.
We Conserve PA Solar Webinar Series: Registration for the series is available at weconservepa.org. Center Staff Attorney Brook Duer will be a presenter and panelist in this series co-presented with Penn State Extension. Recordings are available to all registrants.
Mar. 17, 2022, 3–4:30 pm: Managing Grid Scale Solar Development in PA.
Apr. 5, 2022, 10-11:15 am: Siting Considerations for Solar Development.
Apr. 19, 2022, 10-11:15 am: Solar Ordinance Development.
May 3, 2022, 10-11:15 am: Panel Discussion with Series Speakers.
Agricultural Law & Policy Resources of Interest:
Academic & Government Resources
USDA Strategic Plan Fiscal Years 2022-2026 (Mar. 2022).
Ag. Law and Tax. Blog, IRS Audit Issue—S Corporation Reasonable Compensation, Roger A. McEowen (Apr. 18, 2022).
Ag. Law and Tax. Blog, Missed Tax Deadline & Equitable Tolling, Roger A. McEowen (Apr. 22, 2022).
Nat’l Ag. Law Ctr., FSA Announces Emergency Aid to Livestock Producers Adversely Impacted by Drought or Wildfire, Micah Brown (Apr. 19, 2022).
Nat’l Ag. Law Ctr., Rights of H-2A Workers, Samantha Mikolajczyk (Apr. 21, 2022).
Univ. Md. Risk Mgmt. Educ. Blog, Farm Service Agency Programs for Socially Disadvantaged Producers (Apr. 20, 2022).
Univ. Md. Risk Mgmt. Educ. Blog, Proposed Legislation Would Allow for Higher THC Levels in Hemp Products, Paul Goeringer (Apr. 19, 2022).
Texas A&M Ag. Law Blog, Turtles All the Way Down: A Clearer Understanding of the Scope of Waters of the United States Based on the U.S. Supreme Court Decisions, Tiffany Dowell Lashmet (Apr. 18, 2022).
Penn State News, Research & Resources
PSU Ext., Biosecurity Alert: Avian Influenza in Commercial Poultry – April 18th, 2022 (Apr. 18, 2022).
PSU Ext., Master Gardener Plant Sale Directory 2022 (Apr. 18, 2022).
PSU Ext., The Power is Out: Should You Run Your Water? (Apr. 18, 2022).
PSU Ext., Join Us for the Pennsylvania Groundwater Symposium (Apr. 18, 2022).
PSU Ext., Chilling Injury in Newly Planted Corn and Soybeans (Apr. 19, 2022).
PSU Ext., Burndown Herbicides, Drift, and Vineyards (Apr. 19, 2022).
PSU Ext., Spring Burndown Review: Cover Crops, Winter Annuals, and Soil-applied Residuals (Apr. 19, 2022).
PSU Ext., Corn and Soybean Planter Tune-up for Improved Seed Emergence (Apr. 20, 2022).
PSU Ext., Watershed Stewardship – Mexican Style (Apr. 20, 2022).
PSU Ext., Black Cutworm Monitoring Network Continues for 2022 (Apr. 21, 2022).
PSU Ext., 2022 New York and Pennsylvania Pest Management Guidelines for Grapes Now Available (Apr. 21, 2022).
PSU Ext., 2022 Disease Update: Bloom Recommendations (Apr. 22, 2022).
PSU Ext., Strategies for Effective Management of Botrytis and Anthracnose Fruit Rot in Strawberries (Apr. 22, 2022).
PSU Ext., What Gardeners Should Know about Avian Influenza (Apr. 22, 2022).
Getting to the Root of Corn Domestication; Knowledge May Help Plant Breeders (Apr. 18, 2022).
COVID-19 Impact on Gender, Agriculture and Food Systems Inspires New Book (Apr. 20, 2022).
What Does the Detection of Avian Flu Mean for Pennsylvania? (Apr. 21, 2022).
Adding High-Flavonoid Corn to Broiler Chickens’ Diet May Cut Intestinal Disease (Apr. 21, 2022).
Pennsylvania Farm/Food Employers’ Listserv (PFEL) is a human resources networking group exclusively for farm and food employers. Subscribe by email with “subscribe” in the subject line to pfel-subscribe-request@lists.psu.edu.
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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES:
Changes to WASDE [World Agricultural Supply and Demand Estimates] starting in May (Apr. 18, 2022).
Biden-Harris Administration, USDA Forest Service Invest more than $31 Million in 15 Landscape Restoration Projects (Apr. 18, 2022).
U.S. Department of Agriculture Announces Key Staff Appointments (Apr. 18, 2022).
USDA Farmers Market Reopens for 25th Market Season (Apr.18, 2022).
Biden-Harris Administration Launches Nationwide Network of Partners to Tap Resources for Rural America (Apr. 20, 2022).
President Biden, USDA Announce $420 Million Investment in Watershed Infrastructure Projects to Benefit Rural and Historically Underserved Communities (Apr. 21, 2022).
On Earth Day, USDA Invests Nearly $800 Million in Critical Infrastructure to Combat Climate Change Across Rural America (Apr. 22, 2022).
USDA AGENCY PRESS RELEASES:
Agricultural Marketing Service (AMS)
USDA, Connecticut Sign Local Food Purchase Assistance Cooperative Agreement to Support Local and Regional Farmers (Apr. 20, 2022).
USDA Restricts PACA Violators in Florida and Texas from Operating in the Produce Industry (Apr. 22, 2022).
USDA Restricts PACA Violator in Nevada from Operating in the Produce Industry (Apr. 22, 2022).
USDA Restricts PACA Violators in California, Louisiana, Michigan and Texas from Operating in the Produce Industry (Apr. 22, 2022).
Agricultural Research Service (ARS)
USDA Scientist Recognized for Exceptional Achievements in Science for African Swine Fever Vaccine Research (Apr. 21, 2022).
Animal and Plant Health Inspection Service (APHIS)
History Highlight: APHIS Launches Large-Scale Boll Weevil Eradication Program (Apr. 18, 2022).
APHIS Extends Public Comment Period for Proposed Animal Welfare Regulations for Birds (Apr. 21, 2022).
Economic Research Service (ERS)
Data Training Webinar: Agricultural Baseline Database [on Apr. 28] (Apr. 14, 2022).
Farm Service Agency (FSA)
USDA Accepting New or Modified Proposals for Its State Acres for Wildlife Enhancement Program (Apr. 18, 2022).
Food Safety and Inspection Service (FSIS)
Constituent Update – April 22, 2022 (Apr. 22, 2022).
Foreign Agriculture Service (FAS)
Export Sales to Unknown Destinations [Soybeans] (Apr. 19, 2022).
Export Sales to China [Corn] and Mexico [Corn and Soybeans] (Apr. 22, 2022).
Rural Development
USDA Invests $5.1 Million in American Rescue Plan Funds to Expand Access to Rural Health Care for People in Arizona (Apr. 18, 2022).
Biden-Harris Administration Invests Nearly $3 Million in American Rescue Plan Funds to Expand Access to Health Care for People in Rural Mississippi (Apr. 20, 2022).
FEDERAL EXECUTIVE AGENCIES (Federal Register April 18–22, 2022):
Agricultural Marketing Service
87 FR 24070 Proposed Rule—Comment Period: “Avocados Grown in South Florida; Increased Assessment Rate” (Apr. 22, 2022).
Agriculture Department
87 FR 22868 Notice—Comment Period: “Notice of Request for an Extension of a Currently Approved Information Collection [Request for a Medical Exception to the COVID-19 Vaccination Requirement]” (Apr. 18, 2022).
87 FR 22869 Notice: “Submission for OMB Review; Comment Request [Agriculture Wood Apparel Manufacturers Trust Fund]” (Apr. 18, 2022).
87 FR 23159 Notice: “Submission for OMB Review; Comment Request [Analyzing Consumers’ Value of “Product of USA” Labeling Claims]” (Apr. 19, 2022).
87 FR 23159 Notice: “Submission for OMB Review; Comment Request [Annual State Report on Verification of Supplemental Nutrition Assistance Program (SNAP) Participation]” (Apr. 19, 2022).
87 FR 23792 Notice: “Submission for OMB Review; Comment Request [Importation of Swine Hides, Bird Trophies, and Deer Hides]” (Apr. 21, 2022).
87 FR 24093 Notice: “Submission for OMB Review; Comment Request [Supplemental Nutrition Assistance Program (SNAP) Mobile Payment Pilots (MPPs)]” (Apr. 22, 2022).
87 FR 24093 Notice: “USDA Equity Commission [Meeting on May 10 and 11, 2022]” (Apr. 22, 2022).
Animal and Plant Health Inspection Service
87 FR 24072 Proposed Rule—Comment Period: “Standards for Birds Not Bred for Use in Research Under the Animal Welfare Act” (Apr. 22, 2022).
Commodity Futures Trading Commission
87 FR 23858 Notice: “Renewal of the Market Risk Advisory Committee” (Apr. 21, 2022).
87 FR 24140 Notice: “Sunshine Act Meetings” (Apr. 22, 2022).
Delaware River Basin Commission
87 FR 24142 Notice: “Notice of Public Hearing and Business Meeting, May 11 and June 8, 2022” (Apr. 22, 2022).
Environmental Protection Agency
87 FR 22823 Proposed Rule—Comment Period: “Renewable Fuel Standard Program: Canola Oil Pathways to Renewable Diesel, Jet Fuel, Naphtha, Liquefied Petroleum Gas and Heating Oil” (Apr. 18, 2022).
Fish and Wildlife Service
87 FR 23536 Notice—Comment Period: “Endangered and Threatened Species; Receipt of Recovery Permit Applications” (Apr. 20, 2022).
Food and Drug Administration
87 FR 23181 Notice—Comment Period: “Evaluating the Public Health Importance of Food Allergens Other Than the Major Food Allergens Listed in the Federal Food, Drug, and Cosmetic Act; Draft Guidance for FDA Staff and Stakeholders; Availability; Agency Information Collection Activities; Proposed Collection; Comment Request” (Apr. 19, 2022).
87 FR 23523 Notice—Comment Period: “The Use of Published Literature in Support of New Animal Drug Applications; Draft Guidance for Industry; Availability” (Apr. 20, 2022).
Food and Nutrition Service
87 FR 23160 Notice—Comment Period: “Agency Information Collection Activities: Proposed Collection; Comment Request: Uniform Grant Application Package for Discretionary Grant Programs” (Apr. 19, 2022).
Forest Service
87 FR 23493 Notice—Comment Period: “Information Collection; Federal Excess Personal Property and Firefighter Property Program Administration” (Apr. 20, 2022).
International Trade Commission
87 FR 22939 Notice: “Certain Products Containing Pyraclostrobin and Components Thereof; Notice of a Commission Determination Not to Review an Initial Determination Terminating the Investigation in Its Entirety Based Upon a Consent Order Stipulation; Issuance of Consent Orders; Termination of Investigation” (Apr. 18, 2022).
Land Management Bureau
87 FR 23883 Notice—Comment Period: “Agency Information Collection Activities; Free Use Application and Permit for Vegetative or Mineral Materials” (Apr. 21, 2022).
Rural Housing Service
87 FR 23792 Notice—Comment Period: “Notice of Solicitation of Applications for Section 514 Off-Farm Labor Housing Loans and Section 516 Off-Farm Labor Housing Grants for New Construction for Fiscal Year 2022” (Apr. 21, 2022).
Rural Utilities Service
87 FR 23164 Notice—Comment Period: “Notice of Revision of a Currently Approved Information Collection [Mergers and Consolidations of Electric Borrowers, 7 CFR 1717, subpart D]” (Apr. 19, 2022).
Trade Representative, Office of United States
87 FR 23009 Notice: “Reallocation of Unused Fiscal Year 2022 Tariff-Rate Quota Volume for Raw Cane Sugar” (Apr. 18, 2022).
U.S. HOUSE AGRICULTURE COMMITTEE:
H.R.7266 “To amend the Federal Insecticide, Fungicide, and Rodenticide Act to prohibit the local regulation of pesticide use, and for other purposes” Referred to the House Subcommittee on Biotechnology, Horticulture, and Research (Apr. 18, 2022).
H.R.7272 “Feed Hungry Veterans Act of 2022” Referred to the House Subcommittee on Nutrition, Oversight, and Department Operations (Apr. 18, 2022).
H.R.7291 “American Beef Labeling Act of 2022” Referred to the House Subcommittee on Livestock and Foreign Agriculture (Apr. 18, 2022).
H.R.7398 “Prohibit Wildlife Killing Contests Act of 2022” Referred to the House Subcommittee on Livestock and Foreign Agriculture (Apr. 18, 2022).
H.R.7438 “A–PLUS Act [‘To direct the Secretary of Agriculture to amend certain regulations to clarify that livestock auction owners may have an interest in small meat packing businesses, and for other purposes’]” Referred to the House Subcommittee on Livestock and Foreign Agriculture (Apr. 18, 2022).
H.R.7456 “SHIP IT Act [‘To address the supply chain backlog in the freight network at United States ports, and for other purposes.’]” Referred to the House Subcommittee on Conservation and Forestry (Apr. 18, 2022).
U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY:
No relevant actions.
Agriculture-Related Legislative Hearings & Reports:
U.S. House Ag. Comm. Hearing, Upcoming Hearing on the Issues Between the Beef Packing Industry, the Cattlemen Ranchers, and the Rising Food Prices, April 27, 2022.
U.S. House Ag. Comm. Hearing, 2022 Review of the Farm Bill: The Role of USDA Programs in Addressing Climate Change, recording and materials (recorded Mar. 16, 2022).
U.S. House Ag. Comm. Report, H. Rept. 117-203 – CATTLE CONTRACT LIBRARY ACT OF 2021 (Dec. 7, 2021).
PA Senate Env. Res. Comm. Hearing, Joint Public Hearing on Economic Impacts of RGGI, recording and testimony (recorded Mar. 29, 2022).
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:
Agriculture Department Connects Students To ‘Green Industry’ In-Demand Horticulture Careers at Farm City Day (Apr. 22, 2022).
Department Of Agriculture Assures Food Safety, Availability Amid Highly Pathogenic Avian Influenza Outbreak (Apr. 22, 2022).
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 52, No. 17—April 23, 2022):
Department of Agriculture
52 Pa.B. 2362 Notice: “Addendum to the General Quarantine Order; Swine Exhibition Requirements.”
52 Pa.B. 2363 Notice: “Addendum to the Interstate and International Quarantine Order; Swine Exhibition Requirements.”
Department of Environmental Protection
52 Pa.B. 2366 Notice: “Applications for NPDES and WQM Permits Under the Clean Streams Law and Federal Clean Water Act.”
Environmental Quality Board
52 Pa.B. 2471 Rules and Regulations: “CO2 Budget Trading Program [25 PA. Code Ch. 145].”
Susquehanna River Basin Commission
52 Pa.B. 2447 Notice: “Public Hearing [on May 5, 2022].”
52 Pa.B. 2447 Notice: “Projects Approved for Minor Modification [in March].”
52 Pa.B. 2446 Notice: “Projects Approved for Consumptive Uses of Water [in March].”
52 Pa.B. 2445 Notice: “Grandfathering Registration Notice [in March].”
PENNSYLVANIA LEGISLATURE:
HB 221 “An Act amending the act. . . entitled “An act authorizing the Commonwealth of Pennsylvania and the local government units thereof to preserve, acquire or hold land for open space uses,” further providing for local taxing options.” Signed by the Governor; Act No. 15 (Apr. 19, 2022).
SB 1167 “An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, providing for legitimate cannabis-related business.” Referred to Commerce [House] (Apr. 18, 2022).
HB 1984 “An Act amending the. . . Agricultural Area Security Law, further providing for purchase of agricultural conservation easements.” Referred to Agriculture and Rural Affairs [Senate] (Apr. 21, 2022).
HB 223 “An Act providing for the creation of keystone opportunity dairy zones to facilitate the economic development of Pennsylvania’s dairy industry; authorizing expenditures; providing tax exemptions, tax deductions, tax abatements and tax credits; creating additional obligations of the Commonwealth and local governmental units; and prescribing powers and duties of certain State and local departments, agencies and officials.” Referred to Agriculture and Rural Affairs [Senate] (Apr. 21, 2022).
HB 224 “An Act amending the. . . Milk Marketing Law, in purpose, short title and definitions, further providing for definitions and construction; in general powers of the board, providing for collection of premiums; in prices of milk, providing for board established premiums and further providing for cooperatives; and, in moneys and expenses of board, further providing for Milk Marketing Fund and for payment and providing for audits.” Referred to Agriculture and Rural Affairs [Senate] (Apr. 21, 2022).
HB 1847 “An Act amending the. . . Milk Marketing Law, further providing for title of act; in purpose, short title and definitions, further providing for definitions; in organization of the board, further providing for appointment and terms of members and quorum; in licenses of milk dealers, further providing for grounds for refusal, suspension or revocation; in moneys and expenses of board, further providing for expenses and for payment; and, in saving provisions, repealing provisions relating to Joint Study Committee.” Referred to Agriculture and Rural Affairs [Senate] (Apr. 21, 2022).
HB 2212 “An Act repealing the act. . . entitled ‘An act for the protection of the public health, and to prevent fraud and deception in the manufacture, sale, offering for sale, exposing for sale, and possession with intent to sell, of adulterated or deleterious frozen desserts, providing for licensing, authorizing and regulating the manufacture and sale of frozen desserts, conferring powers and imposing duties upon the Department of Agriculture, prescribing penalties, providing for the enforcement thereof, and making repeals.’” Referred to Agriculture and Rural Affairs [Senate] (Apr. 21, 2022).
HB 2397 “An Act authorizing the provision or sale of Pennsylvania milk in Pennsylvania schools.” Referred to Agriculture and Rural Affairs [Senate] (Apr. 21, 2022).
HB 2456 “An Act amending the. . . Milk Marketing Law, in licenses of milk dealers, further providing for penalties in lieu of suspension.” Referred to Agriculture and Rural Affairs [Senate] (Apr. 21, 2022).
HB 2457 “An Act amending the. . . the Milk Marketing Law, in weighing and testing, further providing for certified testers and for certified weighers and samplers.” Referred to Agriculture and Rural Affairs [Senate] (Apr. 21, 2022).
HB 2411 “An Act providing for annual report on flooding and stream restoration in this Commonwealth.” Referred to Environmental Resources and Energy [House] (Apr. 18, 2022).
HB 2535 “An Act providing for the testing and labeling of baby food and for prohibited levels of toxic heavy metals in baby food; and imposing duties on the Department of Health.” Referred to Health [House] (Apr. 22, 2022).
Written by:
Audry Thompson—Research Assistant
Noah Gochnauer—Research Assistant
Brook Duer—Staff Attorney
