HOUSE AMENDED
PRIOR PRINTER'S NOS. 1230, 1303 PRINTER'S NO. 1548
No. 940 Session of 2005
INTRODUCED BY WAUGH, WENGER, BRIGHTBILL, ERICKSON, FONTANA,
ROBBINS, LEMMOND, PUNT, O'PAKE, ORIE, WOZNIAK, RAFFERTY,
KASUNIC, MUSTO, RHOADES, ARMSTRONG, BOSCOLA AND PILEGGI,
OCTOBER 17, 2005
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 14, 2006
AN ACT
1 Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
2 act authorizing the creation of agricultural areas," further
3 providing for the Agricultural Conservation Easement Purchase
4 Fund; providing for the Land Trust Reimbursement Program, for
5 proceeds from sales by the Department of Agriculture and for
6 grants for agricultural land conservation assistance; and
7 making a related repeal.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 14.2(a) of the act of June 30, 1981
11 (P.L.128, No.43), known as the Agricultural Area Security Law,
12 added December 14, 1988 (P.L.1202, No.149), is amended to read:
13 Section 14.2. Agricultural Conservation Easement Purchase Fund.
14 (a) Purpose of fund.--
15 (1) The Agricultural Conservation Easement Purchase Fund
16 shall be the source from which all moneys are authorized with
17 the approval of the Governor to carry out the purpose of this
18 act. [The]
1 (2) Except as set forth in paragraph (3), the moneys
2 appropriated to the fund shall be utilized in accordance with
3 the expenditures and distribution authorized, required or
4 otherwise provided in the program for purchase of
5 agricultural conservation easements contained in section
6 14.1, for the purpose of paying all costs, except
7 administrative costs, incurred by the Commonwealth or a
8 county incident to the purchase of agricultural conservation
9 easements, and for the purpose of reimbursing nonprofit land
10 conservation organizations for expenses incurred in acquiring
11 and transferring agricultural conservation easements to the
12 Commonwealth or a county.
13 (3) Each fiscal year, up to $200,000 of the money in the
14 fund may be used for the purpose of reimbursement allocation
15 under section 14.6(b). Funds UP TO 10% OF THE FUNDS may also <--
16 be used for administrative expenses of the department
17 incurred under section 14.6(b).
18 * * *
19 Section 2. The act is amended by adding sections to read:
20 Section 14.6. Land Trust Reimbursement Program.
21 (a) Establishment.--The Land Trust Reimbursement Program is
22 hereby established.
23 (b) Reimbursement.--Funds may be allocated to reimburse land
24 trusts for expenses incurred in acquiring agricultural
25 conservation easements in this Commonwealth.
26 (c) Eligible expenses.--Eligible expenses include:
27 (1) Appraisals.
28 (2) Legal services.
29 (3) Title searches.
30 (4) Document preparation.
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1 (5) Title insurance.
2 (6) Closing fees.
3 (7) Survey costs.
4 (d) Limitation.--Reimbursement shall be limited to $5,000 <--
5 per easement.
6 (D) LIMITATIONS.-- <--
7 (1) REIMBURSEMENT SHALL BE LIMITED TO $5,000 PER
8 EASEMENT.
9 (2) THE TERM OF AN AGRICULTURAL CONSERVATION EASEMENT
10 SHALL BE PERPETUAL.
11 (e) Eligibility.--In order to be eligible under this
12 subsection, a land trust must:
13 (1) be a tax-exempt institution under section 501(c)(3)
14 of the Internal Revenue Code of 1986 (Public Law 99-514, 26
15 U.S.C. § 501(c)(3)) and include the acquisition of
16 agricultural or other conservation easements in its stated
17 purpose;
18 (2) register with the State board;
19 (3) coordinate their farmland preservation activities <--
20 with the county in which the activity occurs, if the activity <--
21 occurs in an eligible county or coordinate their farmland
22 WITH THE ELIGIBLE COUNTY IN WHICH THE ACTIVITY OCCURS OR <--
23 COORDINATE FARMLAND preservation activities with the State
24 board, if the activity does not occur within an eligible
25 county; and
26 (4) submit an application to the State board, with the
27 statement of costs incidental to acquisition, the deed of
28 easement and any other documentation required by the State
29 board, within 60 days of closing on the easement.
30 Section 14.7. Proceeds from sale of land, equipment or
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1 facilities.
2 (a) Agricultural Conservation Easement Purchase Fund.--
3 Proceeds from the sale of all land, or portions of land,
4 equipment or facilities, transferred to the Department of
5 Agriculture under the act of June 18, 1982 (P.L.549, No.159),
6 entitled "An act providing for the administration of certain
7 Commonwealth farmland within the Department of Agriculture," and
8 subsequently disposed of by the Commonwealth under Article XXIV-
9 A of the act of April 9, 1929 (P.L.177, No.175), known as "The
10 Administrative Code of 1929," shall, notwithstanding section 623
11 of "The Administrative Code of 1929" or any other provision of
12 the law to the contrary, be credited to the fund.
13 (b) State Farm Products Show Fund.--Proceeds from the sale
14 of all land or portions of land, equipment or facilities at the
15 Woodville State Farm, Collier Township, Allegheny county, and
16 transferred to the Department of Agriculture under the act of
17 June 18, 1982 (P.L.549, No.159), and subsequently disposed of by
18 the Commonwealth under Article XXIV-A of "The Administrative
19 Code of 1929" shall, notwithstanding any other provision of the
20 law to the contrary, be credited to the State Farm Products Show
21 Fund.
22 Section 14.8. Agricultural land conservation assistance grant
23 program.
24 (a) Authorization.--The department, in consultation with the
25 State board, is hereby authorized to use up to $750,000 $400,000 <--
26 of the funds deposited into the fund under section 14.7(a) to
27 make grants to counties for the following purposes:
28 (1) To cover costs incurred by a county in creating a
29 spatial mapping database. Such database shall contain
30 topographic data, property boundaries, soil boundaries, soil
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1 capability classes and soil productivity ratings.
2 (2) To cover costs incurred by a county to train staff,
3 contract with consultants and pay for computer software.
4 (3) To assist counties in the development and
5 implementation of agricultural zoning ordinances, including
6 model ordinances for possible adoption by local government
7 units.
8 (b) Limit.--Grants made under subsection (a) shall not
9 exceed the lesser of $10,000 or 50% of the costs incurred by the
10 county.
11 (c) Application.--A county may submit an application for a
12 grant under this section to the department in such form and
13 manner and containing such documentation as the department, in
14 consultation with the State board, shall prescribe.
15 (d) Criteria.--The department, in consultation with the
16 State board, shall establish eligibility criteria for awarding
17 grants for the purposes enumerated in subsection (a). No county
18 shall be eligible for more than an accumulative total of $10,000
19 in grants annually pursuant to this section. A county which
20 receives a grant under this section but which fails to implement
21 an agricultural conservation easement purchase program shall be
22 required to repay the grant to the Commonwealth. Any such
23 repayments shall be credited to the fund and may be used for the
24 purposes of this section.
25 (e) Administration.--The department shall administer the
26 provisions of this section and is authorized, in consultation
27 with the State board, to adopt and promulgate regulations for
28 the administration and enforcement of the provisions of this
29 section.
30 Section 3. Repeals are as follows:
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1 (1) The General Assembly declares that the repeal under
2 paragraph (2) is necessary to effectuate the addition of
3 sections 14.7 and 14.8 of the act.
4 (2) Sections 7.1 and 7.3 of the act of June 18, 1982
5 (P.L.549, No.159), entitled "An act providing for the
6 administration of certain Commonwealth farmland within the
7 Department of Agriculture," are repealed.
8 Section 4. This act shall take effect in 60 days.
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