PRINTER'S NO. 2336
No. 1891 Session of 1999
INTRODUCED BY BUNT, SEMMEL, COY, CAPPABIANCA, LEH, BELFANTI,
ARMSTRONG, CHADWICK, ADOLPH, CORRIGAN, ARGALL, DAILEY,
DeWEESE, DRUCE, FAIRCHILD, FICHTER, FREEMAN, GODSHALL,
GORDNER, GRUCELA, HARHART, HASAY, HERMAN, HERSHEY, JOSEPHS,
KREBS, BAKER, LUCYK, MAJOR, MARKOSEK, MASLAND, McCALL,
McILHINNEY, MELIO, NAILOR, PESCI, PHILLIPS, PLATTS, ROBERTS,
ROHRER, SATHER, SCHRODER, SEYFERT, SHANER, B. SMITH, SNYDER,
SOLOBAY, STABACK, STEELMAN, STERN, E. Z. TAYLOR, TRUE,
WILLIAMS, WILT, WOJNAROSKI, YOUNGBLOOD, ZUG, ALLEN, BARD,
BARRAR, BROWNE, CALTAGIRONE, CAWLEY, CLARK, DeLUCA, DEMPSEY,
EGOLF, FEESE, GEORGE, GLADECK, HANNA, HENNESSEY, HESS,
LAUGHLIN, LEDERER, 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, DALEY, VANCE, BASTIAN,
ZIMMERMAN, DALLY, CLYMER AND HARHAI, 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:
10 (1) Production agriculture is a mainstay of this
1 Commonwealth's economy, with nearly 50,000 family farms
2 generating $44,000,000,000 in economic activity each year.
3 (2) The prolonged drought of 1999 is an unprecedented
4 natural disaster which caused an estimated $500,000,000 in
5 crop losses and threatens to destroy not only the
6 profitability of our farmers, but also the existence of
7 farmland in this Commonwealth.
8 (3) It is in the public interest, from the standpoint of
9 the economic well-being of this Commonwealth, to offer
10 financial support to maintain the viability of this critical
11 industry.
12 Section 3. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Crop." Includes:
17 (1) Field crops, including corn, wheat, oats, rye,
18 barley, hay, potatoes, tobacco and dry beans.
19 (2) Fruits, including apples, peaches, grapes, cherries
20 and berries.
21 (3) Vegetables, including tomatoes, snap beans, cabbage,
22 carrots, beets, onions, peppers and mushrooms.
23 (4) Horticultural specialties, including nursery stock,
24 ornamental shrubs, ornamental trees, Christmas trees and
25 flowers.
26 (5) Pasture.
27 (6) Timber, wood and other wood products derived from
28 trees.
29 "Department." The Department of Agriculture of the
30 Commonwealth.
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1 "Fund." The Emergency Drought Relief Fund established in
2 section 4.
3 "PASS." The Pennsylvania Agricultural Statistics Service.
4 "Producer." A person engaged in the business of producing
5 crops within this Commonwealth.
6 "USDA-FSA." The United States Department of Agriculture-Farm
7 Service Agency.
8 Section 4. Fund.
9 (a) Establishment.--The Emergency Drought Relief Fund is
10 established.
11 (b) Source.--The source of the fund shall be appropriations.
12 (c) Purpose.--The purpose of the fund is to provide grants
13 under section 6.
14 (d) Administration.--The fund shall be administered by the
15 department under section 5(2).
16 Section 5. Department.
17 The department has the following powers and duties:
18 (1) Promulgate, within 30 days of the effective date of
19 this act, regulations to administer this act. Initial
20 regulations under this paragraph shall not be subject to the
21 act of June 25, 1982 (P.L.633, No.181), known as the
22 Regulatory Review Act.
23 (2) Administer the fund. Up to .08% of the money in the
24 fund may be used by the department for administrative
25 expenses.
26 (3) Enter into agreements with Federal and State
27 agencies as necessary to implement this act.
28 Section 6. Grants.
29 (a) Amounts.--Proceeds from the fund shall be used to
30 provide grants to producers to rebate a portion of 1999 crop
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1 year expenses incurred for the purchase of seed, plants,
2 seedlings, fertilizer, weed and other pest control used for
3 crops in 1999. The rebate calculation shall include all direct
4 costs, including the costs of application of such products. The
5 following shall apply:
6 (1) If the individual farm crop loss for an individual
7 crop is certified by the producer to USDA-FSA to be at least
8 50% or if there is not individual farm yield and loss data
9 available and the average loss for that crop for the county
10 is determined to be at least 50%, a producer shall be
11 eligible for 20% reimbursement of total cash costs incurred.
12 (2) If the individual farm crop loss for an individual
13 crop is certified by the producer to USDA-FSA to be at least
14 10% and not more than 49% or if there are not individual farm
15 yield data available and the average loss for that crop for
16 the county is determined to be at least 10% and not more than
17 49%, a producer shall be eligible for a 10% reimbursement of
18 total cash costs incurred.
19 (3) The recipient of a rebate must document, according
20 to methods determined by the department to be appropriate,
21 that expenses were incurred for crops planted on land owned
22 or leased by the producer for the production of a crop.
23 (b) Eligibility.--Eligibility for or receipt of other
24 drought relief assistance, whether Federal or State, shall not
25 invalidate a producer's eligibility for assistance under this
26 act.
27 Section 7. Appropriation.
28 The sum of $50,000,000 is appropriated to the Emergency
29 Drought Relief Fund. The money in the fund is continuously
30 appropriated to the fund to carry out the purposes of this act.
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1 This appropriation shall not lapse at the end of any fiscal
2 year.
3 Section 8. Effective date.
4 This act shall take effect immediately.
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