HOUSE AMENDED
PRIOR PRINTER'S NOS. 938, 970, 1306 PRINTER'S NO. 1971
No. 779 Session of 2003
INTRODUCED BY WAUGH AND O'PAKE, JUNE 6, 2003
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 17, 2004
AN ACT
1 Making an appropriation from a restricted revenue account within <--
2 the General Fund to the State Farm Products Show Fund.
3 AMENDING THE ACT OF JUNE 30, 1981 (P.L.128, NO.43), ENTITLED "AN <--
4 ACT AUTHORIZING THE CREATION OF AGRICULTURAL AREAS," FURTHER
5 PROVIDING FOR PURCHASE OF AGRICULTURAL CONSERVATION
6 EASEMENTS; MAKING AN APPROPRIATION; AND ABROGATING A <--
7 REGULATION.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The sum of $1,000,000 is hereby appropriated from <--
11 the Agricultural Farm Operations Account within the General Fund
12 to the State Farm Products Show Fund for salaries, operating
13 expenses and maintenance of the Farm Show Complex for the fiscal
14 year July 1, 2003, to June 30, 2004.
15 Section 2. This act shall take effect immediately.
16 SECTION 1. SECTION 14.1(D) OF THE ACT OF JUNE 30, 1981 <--
17 (P.L.128, NO.43), KNOWN AS THE AGRICULTURAL AREA SECURITY LAW,
18 AMENDED MAY 30, 2001 (P.L.103, NO.14), IS AMENDED TO READ:
19 SECTION 14.1. PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS.
1 * * *
2 (D) PROGRAM APPROVAL.--
3 (1) THE STANDARDS, CRITERIA AND REQUIREMENTS ESTABLISHED
4 BY THE STATE BOARD FOR STATE BOARD APPROVAL OF COUNTY
5 PROGRAMS FOR PURCHASING AGRICULTURAL CONSERVATION EASEMENTS
6 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE EXTENT TO WHICH THE
7 COUNTY PROGRAMS CONSIDER AND ADDRESS THE FOLLOWING:
8 (I) THE QUALITY OF THE FARMLANDS SUBJECT TO THE
9 PROPOSED EASEMENTS, INCLUDING SOIL CLASSIFICATION AND
10 SOIL PRODUCTIVITY RATINGS. FARMLAND CONSIDERED SHOULD
11 INCLUDE SOILS WHICH DO NOT HAVE THE HIGHEST SOIL
12 CLASSIFICATIONS AND SOIL PRODUCTIVITY RATINGS BUT WHICH
13 ARE CONDUCIVE TO PRODUCING CROPS UNIQUE TO THE AREA.
14 (II) THE LIKELIHOOD THAT THE FARMLANDS WOULD BE
15 CONVERTED TO NONAGRICULTURAL USE UNLESS SUBJECT TO AN
16 AGRICULTURAL CONSERVATION EASEMENT. AREAS IN THE COUNTY
17 DEVOTED PRIMARILY TO AGRICULTURAL USE WHERE DEVELOPMENT
18 IS OCCURRING OR IS LIKELY TO OCCUR IN THE NEXT 20 YEARS
19 SHOULD BE IDENTIFIED. FOR PURPOSES OF CONSIDERING THE
20 LIKELIHOOD OF CONVERSION, THE EXISTENCE OF A ZONING
21 CLASSIFICATION OF THE LAND SHALL NOT BE RELEVANT, BUT THE
22 MARKET FOR NONFARM USE OR DEVELOPMENT OF FARMLANDS SHALL
23 BE RELEVANT.
24 (II.1) PROXIMITY OF THE FARMLANDS SUBJECT TO
25 PROPOSED EASEMENTS TO OTHER AGRICULTURAL PARCELS IN THE
26 COUNTY WHICH ARE SUBJECT TO AGRICULTURAL CONSERVATION
27 EASEMENTS.
28 (III) THE STEWARDSHIP OF THE LAND AND USE OF
29 CONSERVATION PRACTICES AND BEST LAND MANAGEMENT
30 PRACTICES, INCLUDING, BUT NOT LIMITED TO, SOIL EROSION
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1 AND SEDIMENTATION CONTROL AND NUTRIENT MANAGEMENT.
2 (IV) FAIR, EQUITABLE, OBJECTIVE AND
3 NONDISCRIMINATORY PROCEDURES FOR DETERMINING PURCHASE
4 PRIORITIES.
5 (V) REQUIRE A FARMLAND TRACT TO BE CONTIGUOUS
6 ACREAGE OF AT LEAST 50 ACRES IN SIZE UNLESS THE TRACT IS
7 AT LEAST 10 ACRES IN SIZE AND IS EITHER UTILIZED FOR A
8 CROP UNIQUE TO THE AREA OR IS CONTIGUOUS TO A PROPERTY
9 WHICH HAS A PERPETUAL CONSERVATION EASEMENT IN PLACE HELD
10 BY A "QUALIFIED CONSERVATION ORGANIZATION," AS DEFINED IN
11 SECTION 170(H)(3) OF THE INTERNAL REVENUE CODE OF 1986
12 (PUBLIC LAW 99-514, 26 U.S.C. § 170(H)(3)). A COUNTY MAY
13 REQUIRE A FARMLAND TRACT TO BE CONTIGUOUS ACREAGE OF AT
14 LEAST 25 ACRES IN SIZE UNLESS THE TRACT IS AT LEAST TEN
15 ACRES IN SIZE AND IS EITHER UTILIZED FOR A CROP UNIQUE TO
16 THE AREA OR IS CONTIGUOUS TO A PROPERTY WHICH HAS A
17 PERPETUAL CONSERVATION EASEMENT IN PLACE HELD BY A
18 "QUALIFIED CONSERVATION ORGANIZATION," AS DEFINED IN
19 SECTION 170(H)(3) OF THE INTERNAL REVENUE CODE OF 1986.
20 (2) THE STATE BOARD SHALL ACT ON A COUNTY'S PROGRAM FOR
21 PURCHASING AGRICULTURAL CONSERVATION EASEMENTS WITHIN 60 DAYS
22 OF ITS RECEIPT, AND SHALL NOTIFY IMMEDIATELY THE COUNTY IN
23 WRITING OF APPROVAL OR DISAPPROVAL OF ITS PROGRAM IN
24 ACCORDANCE WITH THE CRITERIA SET FORTH IN THIS SUBSECTION.
25 FAILURE OF THE STATE BOARD TO ACT ON THE SUBMISSION OF A
26 COUNTY PROGRAM UNDER THIS PROVISION WITHIN 60 DAYS OF ITS
27 RECEIPT SHALL BE DEEMED TO CONSTITUTE APPROVAL OF THE COUNTY
28 PROGRAM BY THE STATE BOARD.
29 * * *
30 SECTION 2. THE SUM OF $1,000,000 IS HEREBY APPROPRIATED FROM <--
20030S0779B1971 - 3 -
1 THE AGRICULTURAL FARM OPERATIONS ACCOUNT WITHIN THE GENERAL FUND
2 TO THE STATE FARM PRODUCTS SHOW FUND FOR SALARIES, OPERATING
3 EXPENSES AND MAINTENANCE OF THE FARM SHOW COMPLEX FOR THE FISCAL
4 YEAR JULY 1, 2003, TO JUNE 30, 2004.
5 SECTION 2. THE AMOUNT TRANSFERRED UNDER SECTION 2012 OF THE <--
6 ACT OF DECEMBER 23, 2003 (P.L.612, NO.9A), KNOWN AS THE FIRST
7 SUPPLEMENTAL GENERAL APPROPRIATIONS ACT OF 2003, SHALL BE REPAID
8 TO THE AGRICULTURAL FARM OPERATIONS ACCOUNT WITHIN THE GENERAL
9 FUND NO LATER THAN THREE YEARS FROM THE EFFECTIVE DATE OF THIS
10 SECTION.
11 SECTION 3. THE PROVISIONS OF 7 PA. CODE § 138E.16(A)(2) ARE
12 ABROGATED.
13 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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