HOUSE AMENDED
PRIOR PRINTER'S NOS. 938, 970, 1306, PRINTER'S NO. 1981
1971
No. 779 Session of 2003
INTRODUCED BY WAUGH AND O'PAKE, JUNE 6, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 18, 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; PROVIDING FOR <--
7 CONSTRUCTION OF ACT; AND ABROGATING A 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:
1 SECTION 14.1. PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS.
2 * * *
3 (D) PROGRAM APPROVAL.--
4 (1) THE STANDARDS, CRITERIA AND REQUIREMENTS ESTABLISHED
5 BY THE STATE BOARD FOR STATE BOARD APPROVAL OF COUNTY
6 PROGRAMS FOR PURCHASING AGRICULTURAL CONSERVATION EASEMENTS
7 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE EXTENT TO WHICH THE
8 COUNTY PROGRAMS CONSIDER AND ADDRESS THE FOLLOWING:
9 (I) THE QUALITY OF THE FARMLANDS SUBJECT TO THE
10 PROPOSED EASEMENTS, INCLUDING SOIL CLASSIFICATION AND
11 SOIL PRODUCTIVITY RATINGS. FARMLAND CONSIDERED SHOULD
12 INCLUDE SOILS WHICH DO NOT HAVE THE HIGHEST SOIL
13 CLASSIFICATIONS AND SOIL PRODUCTIVITY RATINGS BUT WHICH
14 ARE CONDUCIVE TO PRODUCING CROPS UNIQUE TO THE AREA.
15 (II) THE LIKELIHOOD THAT THE FARMLANDS WOULD BE
16 CONVERTED TO NONAGRICULTURAL USE UNLESS SUBJECT TO AN
17 AGRICULTURAL CONSERVATION EASEMENT. AREAS IN THE COUNTY
18 DEVOTED PRIMARILY TO AGRICULTURAL USE WHERE DEVELOPMENT
19 IS OCCURRING OR IS LIKELY TO OCCUR IN THE NEXT 20 YEARS
20 SHOULD BE IDENTIFIED. FOR PURPOSES OF CONSIDERING THE
21 LIKELIHOOD OF CONVERSION, THE EXISTENCE OF A ZONING
22 CLASSIFICATION OF THE LAND SHALL NOT BE RELEVANT, BUT THE
23 MARKET FOR NONFARM USE OR DEVELOPMENT OF FARMLANDS SHALL
24 BE RELEVANT.
25 (II.1) PROXIMITY OF THE FARMLANDS SUBJECT TO
26 PROPOSED EASEMENTS TO OTHER AGRICULTURAL PARCELS IN THE
27 COUNTY WHICH ARE SUBJECT TO AGRICULTURAL CONSERVATION
28 EASEMENTS.
29 (III) THE STEWARDSHIP OF THE LAND AND USE OF
30 CONSERVATION PRACTICES AND BEST LAND MANAGEMENT
20030S0779B1981 - 2 -
1 PRACTICES, INCLUDING, BUT NOT LIMITED TO, SOIL EROSION
2 AND SEDIMENTATION CONTROL AND NUTRIENT MANAGEMENT.
3 (IV) FAIR, EQUITABLE, OBJECTIVE AND
4 NONDISCRIMINATORY PROCEDURES FOR DETERMINING PURCHASE
5 PRIORITIES.
6 (V) REQUIRE A FARMLAND TRACT TO BE CONTIGUOUS
7 ACREAGE OF AT LEAST 50 ACRES IN SIZE UNLESS THE TRACT IS: <--
8 AT LEAST 10 ACRES IN SIZE AND IS EITHER UTILIZED FOR A <--
9 CROP UNIQUE TO THE AREA OR IS CONTIGUOUS TO A PROPERTY
10 (A) AT LEAST TEN ACRES IN SIZE AND IS UTILIZED <--
11 FOR A CROP UNIQUE TO THE AREA;
12 (B) AT LEAST TEN ACRES IN SIZE AND CONTIGUOUS TO
13 A PROPERTY WHICH HAS A PERPETUAL CONSERVATION
14 EASEMENT IN PLACE HELD BY A "QUALIFIED CONSERVATION
15 ORGANIZATION," AS DEFINED IN SECTION 170(H)(3) OF THE
16 INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 <--
17 U.S.C. § 170(H)(3)). A COUNTY MAY (PUBLIC LAW 99-514, <--
18 26 U.S.C. § 170(H)(3)); OR
19 (C) CONTIGUOUS TO A PROPERTY WHICH HAS THE SAME
20 OWNER OF RECORD AND WHICH HAS A PERPETUAL
21 AGRICULTURAL CONSERVATION EASEMENT IN PLACE.
22 (VI) A COUNTY MAY REQUIRE A FARMLAND TRACT TO BE
23 CONTIGUOUS ACREAGE OF AT LEAST 25 ACRES IN SIZE UNLESS <--
24 THE TRACT IS AT LEAST TEN LEAST 25 ACRES IN SIZE UNLESS <--
25 THE TRACT IS:
26 (A) AT LEAST TEN ACRES IN SIZE AND IS EITHER <--
27 UTILIZED FOR A CROP UNIQUE TO THE AREA OR IS <--
28 CONTIGUOUS TO A PROPERTY WHICH HAS A THE AREA; <--
29 (B) AT LEAST TEN ACRES IN SIZE AND CONTIGUOUS TO
30 A PROPERTY WHICH HAS A PERPETUAL CONSERVATION
20030S0779B1981 - 3 -
1 EASEMENT IN PLACE HELD BY A "QUALIFIED CONSERVATION
2 ORGANIZATION," AS DEFINED IN SECTION 170(H)(3) OF THE <--
3 INTERNAL REVENUE CODE OF 1986. SECTION 170(H)(3) OF <--
4 THE INTERNAL REVENUE CODE OF 1986; OR
5 (C) CONTIGUOUS TO A PROPERTY WHICH HAS THE SAME
6 OWNER OF RECORD AND WHICH HAS A PERPETUAL
7 AGRICULTURAL CONSERVATION EASEMENT IN PLACE.
8 (2) THE STATE BOARD SHALL ACT ON A COUNTY'S PROGRAM FOR
9 PURCHASING AGRICULTURAL CONSERVATION EASEMENTS WITHIN 60 DAYS
10 OF ITS RECEIPT, AND SHALL NOTIFY IMMEDIATELY THE COUNTY IN
11 WRITING OF APPROVAL OR DISAPPROVAL OF ITS PROGRAM IN
12 ACCORDANCE WITH THE CRITERIA SET FORTH IN THIS SUBSECTION.
13 FAILURE OF THE STATE BOARD TO ACT ON THE SUBMISSION OF A
14 COUNTY PROGRAM UNDER THIS PROVISION WITHIN 60 DAYS OF ITS
15 RECEIPT SHALL BE DEEMED TO CONSTITUTE APPROVAL OF THE COUNTY
16 PROGRAM BY THE STATE BOARD.
17 * * *
18 SECTION 2. THE SUM OF $1,000,000 IS HEREBY APPROPRIATED FROM <--
19 THE AGRICULTURAL FARM OPERATIONS ACCOUNT WITHIN THE GENERAL FUND
20 TO THE STATE FARM PRODUCTS SHOW FUND FOR SALARIES, OPERATING
21 EXPENSES AND MAINTENANCE OF THE FARM SHOW COMPLEX FOR THE FISCAL
22 YEAR JULY 1, 2003, TO JUNE 30, 2004.
23 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
24 SECTION 14.6. CONSTRUCTION.
25 NOTHING IN THIS ACT SHALL BE CONSTRUED TO PROHIBIT THE
26 COMMONWEALTH AND A COUNTY FROM JOINTLY ACQUIRING, BY DONATION,
27 AN AGRICULTURAL CONSERVATION EASEMENT.
28 SECTION 2 3. THE AMOUNT TRANSFERRED UNDER SECTION 2012 OF <--
29 THE ACT OF DECEMBER 23, 2003 (P.L.612, NO.9A), KNOWN AS THE
30 FIRST SUPPLEMENTAL GENERAL APPROPRIATIONS ACT OF 2003, SHALL BE
20030S0779B1981 - 4 -
1 REPAID TO THE AGRICULTURAL FARM OPERATIONS ACCOUNT WITHIN THE
2 GENERAL FUND NO LATER THAN THREE YEARS FROM THE EFFECTIVE DATE
3 OF THIS SECTION.
4 SECTION 3 4. THE PROVISIONS OF 7 PA. CODE § 138E.16(A)(2) <--
5 ARE ABROGATED.
6 SECTION 4 5. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <--
D21L84RLE/20030S0779B1981 - 5 -