SENATE AMENDED
PRIOR PRINTER'S NOS. 85, 511, 614, PRINTER'S NO. 1448
1069
No. 101 Session of 2001
INTRODUCED BY S. MILLER, ARGALL, ARMSTRONG, BARD, BASTIAN, BUNT,
CALTAGIRONE, CLYMER, COY, DeWEESE, FEESE, GEIST, GEORGE,
GRUCELA, HENNESSEY, HERSHEY, HESS, JOSEPHS, KREBS, LEH,
MAJOR, MARSICO, R. MILLER, NICKOL, PETRARCA, SCHRODER,
SHANER, B. SMITH, SOLOBAY, STABACK, STERN, E. Z. TAYLOR,
VANCE, WANSACZ, C. WILLIAMS, WILT, ZUG, EACHUS, FREEMAN,
SEMMEL, YOUNGBLOOD, STEELMAN, HORSEY, SAYLOR AND McCALL,
JANUARY 23, 2001
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, APRIL 2, 2001
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 defining "agricultural conservation easement" and
4 "agricultural production"; defining "parcel"; and further <--
5 providing FOR AGRICULTURAL SECURITY AREAS AND for purchase of <--
6 agricultural conservation easements; PROVIDING FOR A <--
7 SUPPLEMENTAL AGRICULTURAL CONSERVATION EASEMENT PURCHASE
8 PROGRAM; AND MAKING A REPEAL.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The definitions of "agricultural conservation
12 easement" and "agricultural production" in section 3 of the act
13 of June 30, 1981 (P.L.128, No.43), known as the Agricultural
14 Area Security Law, amended November 23, 1994 (P.L.621, No.96),
15 are amended and the section is amended by adding a definition to
16 read:
1 Section 3. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section, unless the
4 context clearly indicates otherwise:
5 * * *
6 "Agricultural conservation easement." An interest in land,
7 less than fee simple, which interest represents the right to
8 prevent the development or improvement of [the land] a parcel
9 for any purpose other than agricultural production. The easement
10 may be granted by the owner of the fee simple to any third party
11 or to the Commonwealth, to a county governing body or to a unit
12 of local government. It shall be granted in perpetuity as the
13 equivalent of covenants running with the land. The exercise or
14 failure to exercise any right granted by the easement shall not
15 be deemed to be management or control of activities at the site
16 for purposes of enforcement of the act of October 18, 1988
17 (P.L.756, No.108), known as the "Hazardous Sites Cleanup Act."
18 "Agricultural production." The production for commercial
19 purposes of crops, livestock and livestock products, including
20 the processing or retail marketing of such crops, livestock or
21 livestock products if more than 50% of such processed or
22 merchandised products are produced by the farm operator. The
23 term includes use of land which is devoted to and meets the
24 requirements of and qualifications for payments or other
25 compensation pursuant to a soil conservation program under an
26 agreement with an agency of the Federal Government.
27 * * *
28 "Parcel." A tract of land in its entirety which is assessed
29 for tax purposes by one county, including any portion of that
30 tract that may be located in a neighboring county. The county
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1 responsible for assessing an entire tract, on its own or in
2 conjunction with either the Commonwealth or a local government
3 unit, or both, shall be eligible to purchase agricultural
4 conservation easements covering the entire tract.
5 * * *
6 SECTION 2. SECTION 5(A.2) OF THE ACT, AMENDED NOVEMBER 23, <--
7 1994 (P.L.648, NO.100), IS AMENDED TO READ:
8 SECTION 5. AGRICULTURAL SECURITY AREAS.
9 * * *
10 (A.2) PROPOSALS FOR AGRICULTURAL SECURITY AREAS IN MORE THAN
11 ONE LOCAL GOVERNMENT UNIT.--[IF]
12 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), IF THE LAND
13 INCLUDED IN A PROPOSAL FOR AN AGRICULTURAL SECURITY AREA IS
14 SITUATED IN MORE THAN ONE LOCAL GOVERNMENT UNIT, THE
15 FOLLOWING SHALL APPLY:
16 (I) THE PROPOSAL SHALL BE SUBMITTED TO, AND APPROVAL
17 OF THE PROPOSAL SHALL BE SOUGHT FROM, THE GOVERNING BODY
18 OF EACH SUCH LOCAL GOVERNMENT UNIT AFFECTED.
19 (II) THE GOVERNING BODIES MAY COOPERATE IN THE
20 REVIEW OF A PROPOSED AGRICULTURAL SECURITY AREA AND MAY
21 PROVIDE JOINT PUBLIC NOTICES, A JOINT AGRICULTURAL
22 SECURITY AREA ADVISORY COMMITTEE AND A JOINT PUBLIC
23 HEARING ON THE SECURITY AREA.
24 (III) A REJECTION BY A GOVERNING BODY SHALL EXCLUDE
25 THAT PORTION OF THE PROPOSAL WHICH IS SITUATED WITHIN THE
26 LOCAL GOVERNMENT UNIT. HOWEVER, SUCH REJECTION SHALL NOT
27 PRECLUDE THE APPROVAL OF THE REMAINING PORTION OF THE
28 PROPOSAL, INCLUDING LAND SUBJECT TO PARAGRAPH (2), AS AN
29 AGRICULTURAL SECURITY AREA BY THE GOVERNING BODY OF THE
30 OTHER AFFECTED LOCAL GOVERNMENT UNITS, PROVIDED THAT THE
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1 TOTAL ACREAGE APPROVED IS AT LEAST 250 ACRES AND THAT
2 SUCH APPROVED PORTION MEETS ALL OTHER REQUIREMENTS
3 IMPOSED UNDER THIS ACT FOR AGRICULTURAL SECURITY AREAS.
4 (2) AUTOMATIC INCLUSION SHALL BE AS FOLLOWS:
5 (I) ALL LAND WHICH IS PART OF A PARCEL OF FARMLAND
6 INCLUDED IN THE PROPOSAL AND TRANSECTED BY THE DIVIDING
7 LINE BETWEEN TWO LOCAL GOVERNMENT UNITS SHALL
8 AUTOMATICALLY BECOME PART OF THE AGRICULTURAL SECURITY
9 AREA IF: <--
10 (A) THE MAJORITY OF THE VIABLE AGRICULTURAL LAND
11 OF THE PARCEL IS LOCATED WITHIN THE PROPOSED
12 AGRICULTURAL SECURITY AREA; AND
13 (B) THE LOCAL GOVERNMENT UNIT IN WHICH THE
14 MINORITY OF THE VIABLE AGRICULTURAL LAND OF THE
15 PARCEL IS LOCATED HAS NOT APPROVED AN AGRICULTURAL
16 SECURITY AREA.
17 (II) THE GOVERNING BODY WHICH APPROVES THE
18 AGRICULTURAL SECURITY AREA CONTAINING THE LAND UNDER
19 SUBPARAGRAPH (I)(A) IS RESPONSIBLE FOR RECORDING, FILING
20 AND NOTIFICATION UNDER SECTION 8 FOR THE LAND ADDED UNDER
21 THIS PARAGRAPH.
22 (III) A LANDOWNER MAY RESUBMIT, UNDER THIS <--
23 PARAGRAPH, PRIOR PROPOSALS WHICH:
24 (A) WOULD BE GOVERNED BY THIS PARAGRAPH; BUT
25 (B) WERE MADE PRIOR TO THE EFFECTIVE DATE OF
26 THIS PARAGRAPH.
27 * * *
28 Section 2 3. Section 14.1(b) introductory paragraph and (2), <--
29 (b.1)(4), (d)(1), (e)(1) and (g) of the act, amended or added
30 November 23, 1994 (P.L.621, No.96), November 23, 1994 (P.L.648,
20010H0101B1448 - 4 -
1 No.100) and December 21, 1998 (P.L.1056, No.138), are amended to
2 read:
3 Section 14.1. Purchase of agricultural conservation easements.
4 * * *
5 (b) County programs.--After the establishment of an
6 agricultural security area by the governing body, the county
7 governing body may authorize a program to be administered by the
8 county board for purchasing agricultural conservation easements
9 from landowners whose land is either within an agricultural
10 security area or in compliance with the criteria set forth in
11 paragraph (2)(i).
12 * * *
13 (2) It shall be the duty and responsibility of the
14 county board to exercise the following powers:
15 (i) (A) To adopt rules and regulations for the
16 administration of a [countywide] county program for
17 the purchase of agricultural conservation easements
18 [within agricultural security areas] in accordance
19 with the provisions of this act, including, but not
20 limited to, rules and regulations governing the
21 submission of applications by landowners,
22 establishing standards and procedures for the
23 appraisal of property eligible for purchase as an
24 agricultural conservation easement and establishing
25 standards and procedures for the selection or
26 purchase of agricultural conservation easements.
27 (B) To include in such rules and regulations,
28 standards and procedures for the selection or
29 purchase of agricultural conservation easements, by
30 the county solely or jointly with either the
20010H0101B1448 - 5 -
1 Commonwealth or a local government unit, or both, on
2 that portion of a parcel which is not within an
3 agricultural security area if all of the following
4 criteria are complied with:
5 (I) The land is part of a parcel of farm
6 land which is bisected by the dividing line
7 between two local government units.
8 (II) The majority of the farm's viable
9 agricultural land is located within an existing
10 agricultural security area. Upon purchase of an
11 easement covering the portion of the parcel which
12 is not located within an agricultural security
13 area, that portion of the parcel shall
14 immediately become part of the previously
15 established agricultural security area which
16 contains a majority of the farm's viable
17 agricultural land. The governing body which
18 created the agricultural security area which
19 contains a majority of the farm's viable
20 agricultural land shall be responsible for the
21 recording, filing and notification outlined in
22 section 8(d) and (g) concerning land added to the
23 agricultural security area pursuant to this
24 clause.
25 (C) To include in such rules and regulations,
26 standards and procedures for the selection or
27 purchase of agricultural conservation easements, by
28 the county solely or jointly with either the
29 Commonwealth or a local government unit, or both, on
30 that portion of a parcel located in an adjoining
20010H0101B1448 - 6 -
1 county if all of the following criteria are complied
2 with:
3 (I) The land is part of a parcel of farm
4 land which is bisected by the dividing line
5 between the purchasing county and the adjoining
6 county.
7 (II) Either a mansion house is located on
8 that portion of the parcel which is within the
9 purchasing county or the dividing line between
10 the counties bisects the mansion house and the
11 owner of the parcel has chosen the purchasing
12 county as the situs of assessment for tax
13 purposes, or, if there is no mansion house on the
14 parcel, the majority of the farm's viable
15 agricultural land is located in the purchasing
16 county.
17 (III) The portion of the parcel located in
18 the purchasing county is within an agricultural
19 security area. Upon purchase of an easement by
20 the purchasing county covering that portion of
21 the parcel located in the adjoining county, the
22 portion of the parcel located in the adjoining
23 county shall immediately become part of the
24 agricultural security area previously established
25 in the purchasing county. The governing body
26 which created the agricultural security area in
27 the purchasing county shall be responsible for
28 the recording, filing and notification outlined
29 in section 8(d) and (g) concerning land added to
30 the agricultural security area pursuant to this
20010H0101B1448 - 7 -
1 clause.
2 (ii) To adopt rules of procedure and bylaws
3 governing the operation of the county board and the
4 conduct of its meetings.
5 (iii) To execute agreements to purchase agricultural
6 conservation easements in the name of the county.
7 (iv) To purchase in the name of the county
8 agricultural conservation easements either within
9 agricultural security areas or pursuant to the criteria
10 set forth in subparagraph (i).
11 (v) To use moneys appropriated by the county
12 governing body from the county general fund to hire staff
13 and administer the [countywide] county program.
14 (vi) To use moneys appropriated by the county
15 governing body from the county general fund or the
16 proceeds of indebtedness incurred by the county and
17 approved by the county governing body for the purchase of
18 agricultural conservation easements either within
19 agricultural security areas or pursuant to the criteria
20 set forth in subparagraph (i).
21 (vii) To establish and maintain a repository of
22 records of farm lands which are subject to agricultural
23 conservation easements purchased by the county [and which
24 are located within the county].
25 (viii) To record agricultural conservation easements
26 purchased by the county in the office of the recorder of
27 deeds of the county wherein the agricultural conservation
28 easements are located and to submit to the State board a
29 certified copy of agricultural conservation easements
30 within 30 days after recording. The county board shall
20010H0101B1448 - 8 -
1 attach to all certified copies of the agricultural
2 conservation easements submitted to the State board a
3 description of the farm land subject to the agricultural
4 conservation easements.
5 (ix) To submit to the State board for review the
6 initial county program and any proposed revisions to
7 approved county programs for purchasing agricultural
8 conservation easements.
9 (x) To recommend to the State board for purchase by
10 the Commonwealth agricultural conservation easements
11 within agricultural security areas located within the
12 county.
13 (xi) To recommend to the State board the purchase of
14 agricultural conservation easements by the Commonwealth
15 and the county jointly.
16 (xii) To purchase agricultural conservation
17 easements jointly with the Commonwealth.
18 (xiii) To exercise other powers which are necessary
19 and appropriate for the exercise and performance of its
20 duties, powers and responsibilities under this act.
21 (xiv) To submit to the State board applications for
22 agricultural conservation easements in accordance with
23 the guidebook authorized under subsection (a)(3)(xv).
24 (xv) To exercise primary enforcement authority with
25 respect to the following:
26 (A) Agricultural conservation easements within
27 the county.
28 (B) Agricultural conservation easements acquired
29 pursuant to the criteria set forth in subparagraph
30 (i), including any portion of such an agricultural
20010H0101B1448 - 9 -
1 conservation easement extending into an adjoining
2 county.
3 * * *
4 (b.1) Local government unit participation.--Any local
5 government unit that has created an agricultural security area
6 may participate along with an eligible county and the
7 Commonwealth in the preservation of farmland through the
8 purchase of agricultural conservation easements.
9 * * *
10 (4) The local government unit may purchase an
11 agricultural conservation easement, provided that all of the
12 following apply:
13 (i) The agricultural conservation easement is
14 located within an agricultural security area of at least
15 500 acres or the easement purchase is a joint purchase
16 with either a county or both a county and the
17 Commonwealth pursuant to the criteria set forth in
18 subsection (b)(2)(i).
19 (ii) The deed of agricultural conservation easement
20 is at least as restrictive as the deed of agricultural
21 conservation easement prescribed by the State board for
22 agricultural conservation easements purchased by the
23 Commonwealth.
24 (iii) The local government unit shall participate
25 with the county board in complying with paragraph (5) for
26 recording any agricultural conservation easement
27 purchased by the local government unit.
28 * * *
29 (d) Program approval.--
30 (1) The standards, criteria and requirements established
20010H0101B1448 - 10 -
1 by the State board for State board approval of county
2 programs for purchasing agricultural conservation easements
3 shall include, but not be limited to, the extent to which the
4 county programs consider and address the following:
5 (i) The quality of the farmlands subject to the
6 proposed easements, including soil classification and
7 soil productivity ratings. Farmland considered should
8 include soils which do not have the highest soil
9 classifications and soil productivity ratings but which
10 are conducive to producing crops unique to the area.
11 (ii) The likelihood that the farmlands would be
12 converted to nonagricultural use unless subject to an
13 agricultural conservation easement. Areas in the county
14 devoted primarily to agricultural use where development
15 is occurring or is likely to occur in the next 20 years
16 should be identified. For purposes of considering the
17 likelihood of conversion, the existence of a zoning
18 classification of the land shall not be relevant, but the
19 market for nonfarm use or development of farmlands shall
20 be relevant.
21 (ii.1) Proximity of the farmlands subject to
22 proposed easements to other agricultural [lands] parcels
23 in the county which are subject to agricultural
24 conservation easements.
25 (iii) The stewardship of the land and use of
26 conservation practices and best land management
27 practices, including, but not limited to, soil erosion
28 and sedimentation control and nutrient management.
29 (iv) Fair, equitable, objective and
30 nondiscriminatory procedures for determining purchase
20010H0101B1448 - 11 -
1 priorities.
2 * * *
3 (e) Easement purchase.--
4 (1) The State board may reject the recommendation made
5 by a county for purchase of an agricultural conservation
6 easement whenever:
7 (i) The recommendation does not comply with a county
8 program certified and approved by the State board for
9 purchasing agricultural conservation easements.
10 (ii) Clear title cannot be conveyed.
11 (iii) The farmland which would be subject to the
12 agricultural conservation easement is either not located
13 within a duly established agricultural security area of
14 500 or more acres established or recognized under this
15 act or not in compliance with the criteria set forth in
16 subsection (b)(2)(i).
17 (iv) The allocation of a county established pursuant
18 to subsection (h) is exhausted or is insufficient to pay
19 the purchase price.
20 (v) Compensation is not provided to owners of
21 surface-mineable coal disturbed or affected by the
22 creation of such easement.
23 * * *
24 (g) Purchase price.--The price paid for purchase of an
25 agricultural conservation easement in perpetuity shall not
26 exceed the difference between the nonagricultural value and the
27 agricultural value determined pursuant to subsection (f) at the
28 time of purchase, unless the difference is less than the State
29 or county boards' original appraised value in which case the
30 State or county boards' original easement value may be offered.
20010H0101B1448 - 12 -
1 [However, under no circumstances shall the price paid for
2 purchase of an agricultural conservation easement in perpetuity
3 exceed $10,000 per acre of State funds.] The purchase price may
4 be paid in a lump sum, in installments over a period of years,
5 or in any other lawful manner of payment. If payment is to be
6 made in installments or another deferred method, the person
7 selling the easement may receive, in addition to the selling
8 price, interest in an amount or at a rate set forth in the
9 agreement of purchase, and final payment of all State money
10 shall be made within, and no later than, five years from the
11 date the agricultural conservation easement purchase agreement
12 was fully executed. The county may provide for payments on an
13 installment or other deferred basis and for interest payments by
14 investing its allocation of State money for purchases approved
15 by the State board under subsection (h)(11) in securities
16 deposited into an irrevocable escrow account or in another
17 manner provided by law.
18 * * *
19 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
20 SECTION 14.5. SUPPLEMENTAL AGRICULTURAL CONSERVATION EASEMENT
21 PURCHASE PROGRAM.
22 (A) ESTABLISHMENT.--THERE IS ESTABLISHED THE SUPPLEMENTAL
23 AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM. FUNDS
24 APPROPRIATED FOR THE PROGRAM SHALL BE ALLOCATED BY THE STATE
25 BOARD IN ACCORDANCE WITH THE FOLLOWING:
26 (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3), FUNDS
27 MAY BE ALLOCATED TO ELIGIBLE COUNTIES IN ACCORDANCE WITH
28 SECTION 14.1(H)(8.1) AND (8.2) FOR ANY PURPOSE AUTHORIZED
29 UNDER THIS ACT.
30 (2) UP TO $500,000 MAY BE ALLOCATED TO PROVIDE TECHNICAL
20010H0101B1448 - 13 -
1 ASSISTANCE TO ELIGIBLE COUNTIES OR GROUPS OF ELIGIBLE
2 COUNTIES REGARDING LONG-TERM INSTALLMENT PURCHASES OF
3 AGRICULTURAL CONSERVATION EASEMENTS IN THIS COMMONWEALTH. AN
4 ELIGIBLE COUNTY MUST FILE AN APPLICATION WITH THE STATE BOARD
5 TO RECEIVE REIMBURSEMENT OR PAYMENT UNDER THIS PARAGRAPH.
6 TECHNICAL ASSISTANCE MAY INCLUDE DEPARTMENT CONTRACTS WITH
7 INDIVIDUALS WITH LEGAL OR FINANCIAL EXPERTISE TO ASSIST
8 ELIGIBLE COUNTIES. FUNDS MAY BE USED FOR ADMINISTRATIVE
9 EXPENSES OF THE DEPARTMENT INCURRED UNDER THIS PARAGRAPH.
10 (3) UP TO $500,000 MAY BE ALLOCATED TO REIMBURSE LAND
11 TRUSTS FOR EXPENSES INCURRED TO ACQUIRE AGRICULTURAL
12 CONSERVATION EASEMENTS IN THIS COMMONWEALTH. ELIGIBLE
13 EXPENSES INCLUDE THE COST OF APPRAISALS, LEGAL SERVICES,
14 TITLE SEARCHES, DOCUMENT PREPARATION, TITLE INSURANCE,
15 CLOSING FEES AND SURVEY COSTS. REIMBURSEMENT SHALL BE LIMITED
16 TO $5,000 PER EASEMENT. FUNDS MAY BE USED FOR ADMINISTRATIVE
17 EXPENSES OF THE DEPARTMENT INCURRED UNDER THIS PARAGRAPH. IN
18 ORDER TO BE ELIGIBLE UNDER THIS PARAGRAPH, A LAND TRUST MUST:
19 (I) BE A TAX-EXEMPT INSTITUTION UNDER SECTION
20 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC
21 LAW 99-514, 26 U.S.C. § 501(C)(3)) AND INCLUDE THE
22 ACQUISITION OF AGRICULTURAL OR OTHER CONSERVATION
23 EASEMENTS IN ITS STATED PURPOSE;
24 (II) REGISTER WITH THE STATE BOARD;
25 (III) COORDINATE WITH THE FARMLAND PRESERVATION
26 ACTIVITIES OF THE COUNTY IF THE FARMLAND PRESERVATION
27 ACTIVITY OCCURS IN AN ELIGIBLE COUNTY OR COORDINATE WITH
28 THE ACTIVITIES OF THE STATE BOARD IF THE ACTIVITY DOES
29 NOT OCCUR IN AN ELIGIBLE COUNTY; AND
30 (IV) SUBMIT AN APPLICATION TO THE STATE BOARD WITH A
20010H0101B1448 - 14 -
1 STATEMENT OF COSTS INCIDENTAL TO THE ACQUISITION, THE
2 DEED OF EASEMENT AND ANY OTHER DOCUMENTATION REQUIRED BY
3 THE STATE BOARD, WITHIN 60 DAYS OF CLOSING ON THE
4 EASEMENT.
5 (B) ACCOUNT.--AN ACCOUNT IS ESTABLISHED IN THE FUND, TO BE <--
6 (B) ACCOUNT.-- <--
7 (1) AN ACCOUNT IS ESTABLISHED IN THE FUND, TO BE KNOWN
8 AS THE SUPPLEMENTAL AGRICULTURAL CONSERVATION EASEMENT
9 PURCHASE ACCOUNT. ALL FUNDS APPROPRIATED TO THE SUPPLEMENTAL
10 AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM SHALL BE
11 DEPOSITED IN THE ACCOUNT FOR ALLOCATION UNDER THIS SECTION.
12 (2) FUNDS ALLOCATED UNDER SUBSECTION (A)(1) WHICH ARE <--
13 UNEXPENDED OR UNENCUMBERED ON JUNE 30, 2001, SHALL BE
14 RESTORED TO THE ACCOUNT. IF NO FUNDS ARE APPROPRIATED TO THE
15 PROGRAM BY JUNE 30, 2001, THE RESTORED FUNDS SHALL BE
16 TRANSFERRED TO THE FUND.
17 (C) LOCAL APPROPRIATION.--WITHIN 60 DAYS OF THE EFFECTIVE
18 DATE OF ANY ADDITIONAL APPROPRIATIONS TO THE PROGRAM, ELIGIBLE
19 COUNTIES SHALL BE AUTHORIZED TO APPROPRIATE ADDITIONAL LOCAL
20 MONEY FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS
21 FOR THE CURRENT COUNTY FISCAL YEAR. THIS ADDITIONAL LOCAL MONEY
22 SHALL BE INCLUDED WHEN DETERMINING EACH ELIGIBLE COUNTY'S SHARE
23 OF MONEY ALLOCATED UNDER THIS SECTION FOR SUPPLEMENTAL
24 AGRICULTURAL EASEMENT PURCHASE PROGRAMS UNDER METHODOLOGIES IN
25 SECTION 14.1(H)(8.1) AND (8.2).
26 Section 3 5. Notwithstanding any provisions of law to the <--
27 contrary, any agricultural conservation easement purchased
28 solely by a county prior to the effective date of this section,
29 which easement covered that portion of a farm parcel bisected by
30 a county border located within the purchasing county, shall be
20010H0101B1448 - 15 -
1 considered eligible for repurchase by the Commonwealth or by the
2 Commonwealth in conjunction with county or local programs. The
3 value of such an easement, for the purposes of repurchase by the
4 Commonwealth or repurchase by the combined moneys of the
5 Commonwealth and a county or municipality, or both, shall be
6 calculated as the sum of the original easement purchase price
7 plus both administrative costs incurred by the county to
8 purchase the original easement and administrative costs incurred
9 by the county and associated with the repurchase. Any moneys
10 contributed by the Commonwealth for repurchase of such an
11 easement shall be paid to the county as the current easement
12 holder and applied to the purchase of other agricultural
13 conservation easements.
14 SECTION 6. SECTION 1716 OF THE ACT OF APRIL 9, 1929 <--
15 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS
16 REPEALED.
17 SECTION 7. THE FOLLOWING SHALL APPLY TO FUNDING:
18 (1) THE ADDITION OF SECTION 14.5 OF THE ACT SHALL BE
19 DEEMED A CONTINUATION OF SECTION 1716 OF THE ACT OF APRIL 9,
20 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
21 1929.
22 (2) SECTION 6 OF THIS ACT SHALL NOT AFFECT FUNDING FOR
23 THE SUPPLEMENTAL AGRICULTURAL CONSERVATION EASEMENT PURCHASE
24 PROGRAM.
25 Section 4 8. Within 90 days of the effective date of this <--
26 section, the Department of Agriculture shall propose regulations
27 implementing the provisions of this act OTHER THAN SECTION 2 <--
28 (SECTION 5(A.2)).
29 Section 5 9. This act shall take effect in 30 days. <--
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