THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY DINNIMAN, FONTANA, RAFFERTY AND YAW, APRIL 15, 2011

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, APRIL 15, 2011  

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 limitation on certain governmental actions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 13(a) and (b) of the act of June 30, 1981

(P.L.128, No.43), known as the Agricultural Area Security Law,

amended May 15, 2006 (P.L.190, No.46), are amended to read:

Section 13.  Limitation on certain governmental actions.

(a)  Approval required for condemnation and for certain other

actions by an agency of the Commonwealth.--No agency of the

Commonwealth having or exercising powers of eminent domain shall

condemn for any purpose any land within any agricultural

security area which land is being used for productive

agricultural purposes (not including the growing of timber)

unless prior approval has been obtained in accordance with the

criteria and procedures established in this section from the

Agricultural Lands Condemnation Approval Board as established in

section 306 of the act of April 9, 1929 (P.L.177, No.175), known

as "The Administrative Code of 1929." [The condemnation approval

specified by this subsection shall not be required for an

underground public utility facility that does not permanently

impact the tilling of soil or for any facility of an electric

cooperative corporation or for any public utility facility the

necessity for and the propriety and environmental effects of

which has been reviewed and ratified or approved by the

Pennsylvania Public Utility Commission or the Federal Energy

Regulatory Commission.] In addition, all State-funded

development projects which might affect land in established

agricultural security areas shall be reviewed by the appropriate

local agricultural advisory committee and by the Agricultural

Lands Condemnation Approval Board. Each reviewing body may

suggest any modification to the State-funded development

projects which ensures the integrity of the agricultural

security areas against nonfarm encroachment.

(b)  Approval required for condemnation by a political

subdivision, authority, public utility or other body.--No

political subdivision, authority, public utility or other body

having or exercising powers of eminent domain shall condemn any

land within any agricultural security area for any purpose,

unless prior approval has been obtained from Agricultural Lands

Condemnation Approval Board and from each of the following

bodies: the governing bodies of the local government units

encompassing the agricultural security area, the county

governing body, and the Agricultural Security Area Advisory

Committee. Review by the Agricultural Lands Condemnation

Approval Board and the other indicated bodies shall be in

accordance with the criteria and procedures established in this

section. [The condemnation approvals specified by this

subsection shall not be required for an underground public

utility facility that does not permanently impact the tilling of

soil or for any facility of an electric cooperative corporation

or for any public utility facility the necessity for and the

propriety and environmental effects of which has been reviewed

and ratified or approved by the Pennsylvania Public Utility

Commission or the Federal Energy Regulatory Commission,

regardless of whether the right to establish and maintain such

underground or other public utility facility is obtained by

condemnation, or by agreement with the owner.]

* * *

Section 2.  This act shall take effect in 60 days.