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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY KESSLER, CARROLL, CONKLIN, CREIGHTON, DALEY, DAY, DePASQUALE, FAIRCHILD, FREEMAN, GODSHALL, GOODMAN, HALUSKA, HARHAI, HARKINS, HARRIS, HORNAMAN, HOUGHTON, JOSEPHS, KORTZ, LONGIETTI, MAHONEY, MELIO, M. O'BRIEN, PRESTON, ROSS, SIPTROTH, SOLOBAY, VULAKOVICH, YOUNGBLOOD AND YUDICHAK, MARCH 18, 2009 |
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| REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, MARCH 18, 2009 |
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| AN ACT |
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1 | Amending the act of December 19, 1974 (P.L.973, No.319), |
2 | entitled "An act prescribing the procedure under which an |
3 | owner may have land devoted to agricultural use, agricultural |
4 | reserve use, or forest reserve use, valued for tax purposes |
5 | at the value it has for such uses, and providing for |
6 | reassessment and certain interest payments when such land is |
7 | applied to other uses and making editorial changes," further |
8 | providing for split-off, separation or transfer. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 6 of the act of December 19, 1974 |
12 | (P.L.973, No.319), known as the Pennsylvania Farmland and Forest |
13 | Land Assessment Act of 1974, is amended by adding subsections to |
14 | read: |
15 | Section 6. Split-off, Separation or Transfer.--* * * |
16 | (b.4) The owner of property subject to preferential |
17 | assessment may lease land covered by the preferential assessment |
18 | to be used for a wind power generation system when the following |
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1 | conditions are satisfied: |
2 | (1) The tract of land so leased is accessible. |
3 | (2) The tract of land is not sold or subdivided. A lease of |
4 | land shall not be considered a subdivision under this paragraph. |
5 | (b.5) Roll-back taxes shall be imposed upon the tract of |
6 | land leased by the landowner for wind power generation system |
7 | purposes, and the fair market value of that tract of land shall |
8 | be adjusted accordingly. The lease of a tract of land shall not |
9 | invalidate the preferential assessment of the land which is not |
10 | leased, and the land shall continue to be eligible for |
11 | preferential assessment if it continues to meet the requirements |
12 | of section 3. |
13 | (b.6) The wind power generation system provider shall be |
14 | solely responsible for obtaining required permits in connection |
15 | with any construction on a tract of land which it leases under |
16 | this section for wind power generation purposes. |
17 | * * * |
18 | Section 2. This act shall take effect in 60 days. |
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