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PRINTER'S NO. 247
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
187
Session of
2017
INTRODUCED BY SONNEY, BIZZARRO, V. BROWN, MADDEN, MILLARD, MURT,
O'BRIEN, ORTITAY, PEIFER, ROZZI, STAATS, WARD, SOLOMON AND
KORTZ, FEBRUARY 1, 2017
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
FEBRUARY 1, 2017
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 a definition 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:
* * *
"Wind power generation system." A system designed to collect
and utilize wind power, including the foundation of a wind
turbine and appurtenant structures, including new roads and
bridges, transmission lines, substations and other related
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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
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
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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.
* * *
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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