THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WAUGH, ALLOWAY, BOSCOLA, BROWNE, BRUBAKER, ERICKSON, MUSTO, O'PAKE, RAFFERTY, ROBBINS, WASHINGTON, YAW AND FERLO, MAY 27, 2009

SENATOR BRUBAKER, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED, JANUARY 26, 2010   

AN ACT

Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An

act authorizing the creation of agricultural areas,"

providing for proceeds from sales by the Department of

Agriculture and for grants for agricultural land conservation

assistance; and making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 30, 1981 (P.L.128, No.43), known

as the Agricultural Area Security Law, is amended by adding

sections to read:

Section 14.8.  Proceeds from sale of land, equipment or

facilities.

(a)  Agricultural Conservation Easement Purchase Fund.--

Proceeds from the sale of all land, or portions of land,

equipment or facilities, transferred to the Department of

Agriculture under the act of June 18, 1982 (P.L.549, No.159),

entitled "An act providing for the administration of certain

Commonwealth farmland within the Department of Agriculture," and

subsequently disposed of by the Commonwealth under Article XXIV-

A of the act of April 9, 1929 (P.L.177, No.175), known as "The

Administrative Code of 1929," shall, notwithstanding section 623

of "The Administrative Code of 1929" or any other provision of

the law to the contrary, be credited to the fund.

(b)  State Farm Products Show Fund.--Proceeds from the sale

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of all land or portions of land, equipment or facilities at the

Woodville State Farm, Collier Township, Allegheny County, and

transferred to the Department of Agriculture under the act of

June 18, 1982 (P.L.549, No.159), and subsequently disposed of by

the Commonwealth under Article XXIV-A of "The Administrative

Code of 1929" shall, notwithstanding any other provision of the

law to the contrary, be credited to the State Farm Products Show

Fund.

(c)  Administrative Code.--Section 623 of "The Administrative

Code of 1929," relating to disposition of Commonwealth assets,

shall not apply to subsection (a) insofar as it is inconsistent

with this section.

Section 14.9.  Agricultural land conservation assistance grant

program.

(a)  Authorization.--The Department of Agriculture, in

consultation with the State Agricultural Land Preservation

Board, is hereby authorized to use up to $200,000 of the funds

deposited into the Agricultural Conservation Easement Purchase

Fund under section 14.8(a) to make grants to counties for the

following purposes:

(1)  To cover costs incurred by a county in creating a

spatial mapping database. Such database shall contain

topographic data, property boundaries, soil boundaries, soil

capability classes and soil productivity ratings.

(2)  To cover costs incurred by a county to train staff,

contract with consultants and pay for computer software.

(3)  To assist counties in the development implementation

of agricultural zoning ordinances, including model ordinances

for possible adoption by local government units.

(b)  Limit.--Grants made under subsection (a) shall not

exceed the lesser of $10,000 or 50% of the costs incurred by the

county.

(c)  Application.--A county may submit an application for a

grant under this section to the department in such form and

manner and containing such documentation as the department, in

consultation with the State board, shall prescribe.

(d)  Criteria.--The department, in consultation with the

State board, shall establish eligibility criteria for awarding

grants for the purposes enumerated in subsection (a). No county

shall be eligible for more than an accumulative total of $10,000

in grants annually pursuant to this section. A county which

receives a grant under this section but which fails to implement

an agricultural conservation easement purchase program shall be

required to repay the grant to the Commonwealth. Any such

repayments shall be credited to the fund and may be used for the

purposes of this section.

(e)  Administration.--The department shall administer the

provisions of this section and is authorized, in consultation

with the State board, to adopt and promulgate regulations for

the administration and enforcement of the provisions of this

section.

Section 2.  Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of

sections 14.8 and 14.9 of the act.

(2)  Sections 7.1 and 7.3 of the act of June 18, 1982

(P.L.549, No.159), entitled "An act providing for the

administration of certain Commonwealth farmland within the

Department of Agriculture," are repealed.

Section 3.  This act shall take effect in 60 days.