PRINTER'S NO. 2335
No. 1890 Session of 1999
INTRODUCED BY BUNT, HARHART, COY, CAPPABIANCA, MASLAND, ALLEN,
ARGALL, ARMSTRONG, BAKER, BARD, BARRAR, BELFANTI, BROWNE,
CALTAGIRONE, CAWLEY, CHADWICK, CLARK, CORRIGAN, DAILEY,
DALEY, DALLY, DeLUCA, DEMPSEY, DeWEESE, DRUCE, EGOLF,
FAIRCHILD, FEESE, FICHTER, FREEMAN, GEORGE, GLADECK,
GODSHALL, GORDNER, GRUCELA, HANNA, HARHAI, ADOLPH, HASAY,
HENNESSEY, HERMAN, HERSHEY, HESS, JOSEPHS, KREBS, LAUGHLIN,
LEDERER, STABACK, STEELMAN, STERN, E. Z. TAYLOR, TRUE,
WILLIAMS, WILT, WOJNAROSKI, YOUNGBLOOD, ZUG, LESCOVITZ,
TRELLO, MAITLAND, MANDERINO, MANN, McGILL, MICOZZIE,
R. MILLER, NICKOL, PETRARCA, RAMOS, REINARD, ROSS, SAYLOR,
STAIRS, STEIL, STRITTMATTER, STURLA, SURRA, TANGRETTI,
THOMAS, TRAVAGLIO, VAN HORNE, WALKO, WRIGHT, YUDICHAK,
L. I. COHEN, VANCE, BASTIAN, ZIMMERMAN, LUCYK, McCALL, MELIO,
PESCI, PLATTS, ROHRER, SCHRODER, SEYFERT, B. SMITH, SOLOBAY,
LEH, MAJOR, McILHINNEY, NAILOR, PHILLIPS, ROBERTS, SATHER,
SEMMEL, SHANER, SNYDER, CLYMER AND MARKOSEK,
SEPTEMBER 29, 1999
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
SEPTEMBER 29, 1999
AN ACT
1 Providing for emergency drought relief as a result of weather
2 conditions in 1999; and making an appropriation.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Emergency
7 Drought Relief Act.
8 Section 2. Legislative findings and purpose.
9 The General Assembly finds and declares as follows:
1 (1) Production agriculture is a mainstay of this
2 Commonwealth's economy, with nearly 50,000 family farms
3 generating $44,000,000,000 in economic activity each year.
4 (2) The prolonged drought of 1999 is an unprecedented
5 natural disaster which caused an estimated $500,000,000 in
6 crop losses and threatens to destroy not only the
7 profitability of our farmers, but also the existence of
8 farmland in this Commonwealth.
9 (3) It is in the public interest, from the standpoint of
10 the economic well-being of this Commonwealth, to offer
11 financial support to maintain the viability of this critical
12 industry.
13 Section 3. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Crop." Includes:
18 (1) Field crops, including corn, wheat, oats, rye,
19 barley, hay, potatoes, tobacco and dry beans.
20 (2) Fruits, including apples, peaches, grapes, cherries
21 and berries.
22 (3) Vegetables, including tomatoes, snap beans, cabbage,
23 carrots, beets, onions, peppers and mushrooms.
24 (4) Horticultural specialties, including nursery stock,
25 ornamental shrubs, ornamental trees, Christmas trees and
26 flowers.
27 (5) Pasture.
28 (6) Timber, wood and other wood products derived from
29 trees.
30 "Department." The Department of Agriculture of the
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1 Commonwealth.
2 "Fund." The Emergency Drought Relief Fund established in
3 section 4.
4 "PASS." The Pennsylvania Agricultural Statistics Service.
5 "Producer." A person engaged in the business of producing
6 crops within this Commonwealth.
7 "USDA-FSA." The United States Department of Agriculture-Farm
8 Service Agency.
9 Section 4. Fund.
10 (a) Establishment.--The Emergency Drought Relief Fund is
11 established.
12 (b) Source.--The source of the fund shall be appropriations.
13 (c) Purpose.--The purpose of the fund is to provide grants
14 under section 6.
15 (d) Administration.--The fund shall be administered by the
16 department under section 5(2).
17 Section 5. Department.
18 The department has the following powers and duties:
19 (1) Promulgate, within 30 days of the effective date of
20 this act, regulations to administer this act. Initial
21 regulations under this paragraph shall not be subject to the
22 act of June 25, 1982 (P.L.633, No.181), known as the
23 Regulatory Review Act.
24 (2) Administer the fund. Up to .08% of the money in the
25 fund may be used by the department for administrative
26 expenses.
27 (3) Enter into agreements with Federal and State
28 agencies as necessary to implement this act.
29 Section 6. Grants.
30 (a) Amounts.--
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1 (1) Proceeds from the fund shall be used to provide
2 grants to producers to refund $30 per ton of hay purchased
3 after August 1, 1999, if the producer:
4 (i) certifies that the hay is to be fed to the
5 producer's own dairy cattle or livestock to make up
6 deficiencies in homegrown roughage and is not for resale;
7 and
8 (ii) provides appropriate weight slips, paid invoices
9 and other such documentation as the department may
10 require.
11 (2) Proceeds from the fund shall be used to provide
12 grants to producers to refund $10 per ton of roughage
13 purchased after August 1, 1999, if the producer:
14 (i) certifies that the roughage is to be fed to the
15 producer's own dairy cattle or livestock to make up
16 deficiencies in homegrown roughage and is not for resale;
17 and
18 (ii) provides appropriate weight slips, paid
19 invoices and other such documentation as the department
20 may require.
21 (b) Eligibility.--Eligibility for or receipt of other
22 drought relief assistance, whether Federal or State, shall not
23 invalidate a producer's eligibility for assistance under this
24 act.
25 Section 7. Appropriation.
26 The sum of $5,000,000 is appropriated to the Emergency
27 Drought Relief Fund. The money in the fund is continuously
28 appropriated to the fund to carry out the purposes of this act.
29 This appropriation shall not lapse at the end of any fiscal
30 year.
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1 Section 8. Effective date.
2 This act shall take effect immediately.
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