PRINTER'S NO. 2534

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2167

Session of

2021

INTRODUCED BY RABB, BURGOS, PARKER, FREEMAN, N. NELSON, KINSEY,

KENYATTA, HILL-EVANS, DRISCOLL, T. DAVIS, SCHLOSSBERG,

SANCHEZ, HOWARD AND SIMS, DECEMBER 15, 2021

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 3 of the Pennsylvania Consolidated Statutes

is amended by adding a chapter to read:

Sec.

10801. Short title and declaration of purpose.

10802. Definitions.

10803. Urban Agricultural Independent Contract Program.

Agricultural Incentive Zones Act. The General Assembly finds and

declares that it is in the public interest to promote

sustainable urban farm enterprise sectors in urban centers. The

General Assembly further finds and declares the small-scale,

active production of marketable crops and animal husbandry,

including, but not limited to, foods, flowers and seedlings, in

urban centers is consistent with and furthers the purposes of

this chapter.

§ 10802. Definitions.

The following words and phrases when used in this chapter

includes bees, honey, fish or other aquacultural products,

planting seeds, livestock or livestock products, forestry

products, poultry or poultry products and the growing of grapes

that will be processed into wine.

"Agricultural use." Uses of land that produce crops, such as

fruits and vegetables or animal by-products.

"Committee." The Urban Agricultural Zone Committee

established under section 10805 (relating to Urban Agricultural

Zone Committee).

"Department." The Department of Agriculture of the

income is less than $350,000;

(2) is a midsize family farm whose annual gross cash

farm income is greater than $350,000 but less than

$1,000,000;

(3) is a beginning farmer who has not operated a farm or

ranch or who has operated a farm or ranch for 10 years or

less;

(4) is a limited resource farmer with direct or indirect

gross farm sales not more than the current indexed value in

each of the previous two years and who has a total household

without regard to individual qualities:

(i) American Indians.

(ii) Alaskan Natives.

(iii) Asians.

(iv) African Americans.

(v) Native Hawaiians or other Pacific Islanders.

(vi) Hispanics.

"Urban agricultural zone." An area of land defined by a

municipality and entirely within that municipality's boundaries

within which one or more qualifying farmers are processing,

landowner may enter into a contract to restrict the use of

vacant, unimproved or otherwise blighted lands for small-scale

production of agricultural crops and animal husbandry for a term

of no less than five years on property that is at least 0.10

acres in size.

(b) Assessment.--If a contract is entered into under

subsection (a), the county assessor shall value the property

that is restricted by a contract under subsection (a) at the

rate based on the average per-acre value of irrigated cropland

in this Commonwealth, adjusted proportionally to reflect the

accessible Internet website within 30 days of publication and

provide the rate to county assessors no later than January 1 of

each assessment year.

(c) Ordinance.--A county or city may, after public hearing,

establish an ordinance for an urban agricultural zone within its

boundaries for the purpose of entering into enforceable

contracts with landowners for the use of vacant, unimproved or

blighted lands for small-scale agricultural use.

(d) Contract requirements.--Following the adoption of the

ordinance under subsection (c), a city, county, or a city and

(1) An initial term of not less than five years.

(2) A restriction on property that is at least 0.10

acres and not more than three acres.

(3) A requirement that the entire property subject to

the contract shall be dedicated toward commercial or

noncommercial agricultural use.

(4) A prohibition against any dwellings on the property

while under contract.

(5) A notification that, if a landowner cancels a

contract, a city, county, or a city and county, shall be

fertilizers on properties under contract shall be permitted

to the extent that those pesticides or fertilizers are

allowed by the United States Department of Agriculture's

National Organic Program.

(8) A limitation stating that a city, county, or a city

and county, shall not enter into a new contract or renew an

existing contract under this chapter after January 1, 2022.

Any contract entered into under this chapter on or before

January 1, 2022, shall be valid and enforceable for the

duration of the contract.

establishment of the urban agricultural zone through an

ordinance.

§ 10804. Application for urban agricultural zone.

(a) Application.--A qualified farmer or partner organization

may submit to the municipal clerk an application to establish an

urban agricultural zone. The application shall demonstrate or

identify:

(1) that the applicant is a qualified farmer;

(2) the number of jobs to be created, maintained or

supported within the proposed urban agricultural zone;

agricultural zone.

(c) Review of approval.--Approval of the urban agricultural

zone by a municipality shall be reviewed every five years after

the development of the urban agricultural zone. After 25 years,

the urban agricultural zone shall dissolve. If the municipality

finds during its review under this section that the urban

agricultural zone is not meeting the requirements set out under

this chapter, the municipality may dissolve the urban

agricultural zone by ordinance or resolution prior to the

expiration of the 25-year dissolution period.

after it receives an application under section 10804 (relating

to application for urban agricultural zone). The following shall

apply:

(1) Two members of the committee shall be members of the

governing body of the municipality and shall be appointed by

the board.

(2) The remaining four members shall be appointed by the

mayor of the municipality and shall be residents of the

municipality in which the urban agricultural zone is to be

located. At least one of the members under this paragraph

(4) Members of the committee shall serve without

compensation but may be reimbursed for actual and necessary

expenses incurred in the performance of their official

duties.

(b) Quorum and vote.--A majority of the members shall

constitute a quorum of the committee for the purpose of

conducting business and exercising the powers of the committee

and for all other purposes. Action may be taken by the committee

upon a vote of a majority of the members present.

(c) Duties.--The committee shall conduct the activities

role of the committee after the designation of an urban

agricultural zone shall be review and assessment of an urban

agricultural zone's activities.

(d) Report.--The committee shall submit an annual report

of established urban agricultural zones and their findings

regarding zone impacts on food production and sustainability to

the department.

§ 10806. Utilities and taxes.

(a) Rate modification.--Notwithstanding any provision of law

to the contrary, a municipality may authorize an entity

agricultural products; or

(2) pay reduced or waived connection charges for service

to property within the urban agricultural zone that is used

for processing, growing, raising or otherwise producing

agricultural products.

(b) Abatement permitted.--If authorized by the ordinance

under this chapter that establishes an urban agricultural zone,

or through independent contract, a municipality may provide for

the abatement of taxes it levies upon real property located

within an urban agricultural zone that is used by a qualifying

any provision of law to the contrary, a municipality may not

exercise any of its powers to enact ordinances within an urban

agricultural zone in a manner that would unreasonably restrict

or regulate farming practices in contravention of the purposes

of this chapter unless the restrictions or regulations bear a

direct relationship to public health or safety.

(b) Additional assessments or levies prohibited.--A unit of

local government providing public services, such as sewer,

water, lights or nonfarm drainage, may not impose benefit

assessments or special ad valorem levies on land within an urban

be established where its establishment would result in excessive

land coverage and overcrowding of structures and community

facilities, deleterious land use or layout or uses considered to

be noxious, offensive or unsuitable for the surrounding area.