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PRINTER'S NO. 1224
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1053
Session of
2017
INTRODUCED BY STURLA, KINSEY, BULLOCK, SOLOMON, McNEILL,
D. COSTA, THOMAS, FREEMAN AND DONATUCCI, APRIL 3, 2017
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 3, 2017
AN ACT
Amending the act of December 19, 1974 (P.L.973, No.319),
entitled "An act prescribing the procedure under which an
owner may have land devoted to agricultural use, agricultural
reserve use, or forest reserve use, valued for tax purposes
at the value it has for such uses, and providing for
reassessment and certain interest payments when such land is
applied to other uses and making editorial changes," further
providing for definitions and for applications for
preferential assessments; and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of December 19, 1974
(P.L.973, No.319), known as the Pennsylvania Farmland and Forest
Land Assessment Act of 1974, is amended by adding definitions to
read:
Section 2. Definitions.--As used in this act, the following
words and phrases shall have the meanings ascribed to them in
this section unless the context obviously otherwise requires:
* * *
"Erosion and sediment control plan." A site-specific plan
identifying best management practices to minimize accelerated
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erosion and sedimentation from agricultural runoff that meets
the requirements of 25 Pa. Code Ch. 102 (relating to erosion and
sediment control).
* * *
"Manure management plan." A plan to ensure that a manure
storage facility is designed, constructed, operated and
maintained in accordance with current engineering and agronomic
practices to be structurally sound, watertight and located and
sized properly to prevent pollution of surface water and
groundwater, including design to prevent discharge to surface
waters during a storm up to a 25-year, 24-hour storm and meets
the requirements of 25 Pa. Code Ch. 91.36 (relating to pollution
control and prevention at agricultural operations).
"National pollutant discharge system permit for concentrated
animal feeding operations." A permit required by 40 CFR Ch. 1,
Subch. D (relating to water programs).
* * *
"Nutrient management plan." A written site-specific plan that
incorporates best management practices to manage the use of
plant nutrients for crop production and water quality
protection, as defined in 3 Pa.C.S. ยง 503 (relating to
definitions).
* * *
Section 2. Section 4 of the act is amended by adding a
subsection to read:
Section 4. Applications for Preferential Assessments.--* * *
(b.4) (1) An application for an agricultural preferential
assessment shall include a verification that the landowner is in
compliance with Federal and State regulations, including, but
not limited to, the following, as applicable:
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(i) an erosion and sediment control plan;
(ii) a nutrient management plan;
(iii) a manure management plan; and
(iv) a national pollutant discharge elimination system
permit for concentrated animal feeding operations.
(2) An application for a forest preferential assessment
shall include a verification that the landowner is in compliance
with Federal and State regulations, including, but not limited
to, an erosion and sediment control plan.
(3) A landowner with an existing preferential assessment
shall verify compliance under paragraph (1) or (2) no later than
two years after the effective date of this subsection. If a
landowner fails to verify compliance, the landowner will be
subject to roll-back taxes under section 5.1.
(4) The department shall provide a verification form that an
applicant or landowner with an existing preferential assessment
must sign.
(5) The department shall develop a rolling process to verify
conservation compliance under paragraphs (1) and (2).
(6) If the department determines that a landowner has
intentionally made a false statement on a verification and does
not comply with existing laws and regulations pertaining to
agricultural or forestry operations, the landowner shall be
subject to roll-back taxes under section 5.1.
(7) A landowner may appeal a determination of the department
under this subsection in accordance with the provisions of
section 9.
* * *
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeal under
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paragraph (2) is necessary to effectuate this act.
(2) Section 702 of the act of June 22, 1937 (P.L.1987,
No.394), known as The Clean Streams Law, is repealed.
Section 4. This act shall take effect in 60 days.
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