PRIOR PRINTER'S NOS. 180, 1559, 1757
PRINTER'S NO. 1828
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
188
Session of
2015
INTRODUCED BY SONNEY, V. BROWN, COHEN, JAMES, MILLARD, MURT,
O'BRIEN, PASHINSKI, ROSS, McCARTER, PEIFER, GIBBONS, SABATINA
AND MOUL, JANUARY 23, 2015
AMENDENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES, JUNE
16, 2015
AN ACT
Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
act authorizing the creation of agricultural areas," further
providing for definitions and for the purchase of
agricultural conservation easements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of June 30, 1981 (P.L.128,
No.43), known as the Agricultural Area Security Law, is amended
by adding definitions to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section, unless the
context clearly indicates otherwise:
* * *
"Threatened or endangered species." Any of the following:
(1) Animals or plants identified as threatened or
endangered under one of the following:
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(i) The Endangered Species Act of 1973 (Public Law
93-205, 16 U.S.C. ยง 1531 et seq.).
(ii) The act of June 23, 1982 (P.L.597, No.170),
known as the Wild Resource Conservation Act.
(iii) 30 Pa.C.S. (relating to fish).
(iv) 34 Pa.C.S. (relating to game).
(2) An animal or plant species proposed for listing as
an endangered or threatened species under the Endangered
Species Act of 1973.
* * *
"Wind power generation system." A system of wind turbines
larger than 100 kilowatts designed to collect and utilize wind
power for the purpose of delivering electricity to the power
grid to be distributed to an end user by an electric utility or
power system operator. The term includes the foundation of a
wind turbine and appurtenant structures, including new roads and
bridges, transmission lines, substations and other related
buildings or structures.
Section 2. Section 14.1(c)(6) of the act is amended by
adding a subparagraph to read:
Section 14.1. Purchase of agricultural conservation easements.
* * *
(c) Restrictions and limitations.--An agricultural
conservation easement shall be subject to the following terms,
conditions, restrictions and limitations:
* * *
(6) An agricultural conservation easement shall not
prevent:
* * *
(vii) The granting of rights-of-way by the owner of
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the subject land in and through the land for the
installation of or use of a wind power generation system,
if all of the following apply:
(A) The subject land consists of 50 or more
acres.
(B) If the subject land consists of less than
100 acres, the wind power generation system may be
constructed on no more than two acres of the subject
land.
(C) If the subject land consists of 100 or more
acres, the wind power generation system may be
constructed on no more than two acres of the subject
land, plus two additional acres for every 50 acres by
which the subject land exceeds 100 acres.
(D) If the subject land upon which the wind
power generation system is constructed is
subsequently subdivided or conveyed or transferred in
whole or in part, the subject land upon which the
wind power generation system is located must continue
to consist of 50 or more acres.
(E) The wind power generation company conducts
an assessment or survey to determine the presence of
endangered or threatened species and the species'
critical habitats in the area likely to be affected
by the installation and use of the wind power
generation system. The study ASSESSMENT OR SURVEY
shall further determine whether the installation will
adversely affect a threatened or endangered species
or a threatened or endangered species' habitat. If
there is a determination that the installation or use
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of the wind power generation system will adversely
affect a threatened or endangered species or a
threatened or endangered species' habitat, measures
shall be implemented BY THE WIND POWER GENERATION
COMPANY to avoid, minimize or mitigate the adverse
effects. FAILURE BY A WIND POWER GENERATION COMPANY
TO COMPLY WITH THE REQUIREMENTS OF THIS SUBCLAUSE
SHALL NOT CONSTITUTE A VIOLATION OF THIS SECTION BY
THE LANDOWNER OR A BREACH OF THE LANDOWNER'S
OBLIGATIONS UNDER THE AGRICULTURAL CONSERVATION
EASEMENT.
* * *
Section 3. The addition of section 14.1(c)(6)(vii) of the
act shall apply to agricultural conservation easements executed
after June 29, 1981.
Section 4. This act shall take effect in 60 days.
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