SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GILLEN, COX, MAHER, CALTAGIRONE, BOYD, DAY, FARRY, FLECK, GOODMAN, HARHAI, KAUFFMAN, KNOWLES, KULA, MAJOR, MASSER, MURT, PETRARCA, PYLE, READSHAW, REICHLEY, ROAE, STERN, TALLMAN, VULAKOVICH, MILLER, DENLINGER, GIBBONS, GILLESPIE, KILLION, BROOKS, SCHRODER, KORTZ, SWANGER AND EVERETT, FEBRUARY 9, 2011

SENATOR VOGEL, AGRICULTURE AND RURAL AFFAIRS, IN SENATE, AS AMENDED, JUNE 14, 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 definitions and for purchase of agricultural

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conservation easements; and abrogating a regulation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3 of the act of June 30, 1981 (P.L.128,

No.43), known as the Agricultural Area Security Law, is amended

by adding a definition to read:

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section, unless the

context clearly indicates otherwise:

* * *

"Contiguous acreage."  All portions of one operational unit

as described in the deed, whether or not the portions are

divided by streams, public roads, bridges or railroads and

whether or not described as multiple tax parcels, tracts,

purparts or other property identifiers. The term includes

supportive lands, such as unpaved field access roads, drainage

areas, border strips, hedgerows, submerged lands, marshes, ponds

and streams.

* * *

Section 2.  Section 14.1(c)(2), (3) and (6) of the act,

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amended November 3, 1994 (P.L.621, No.96) and November 1, 2005

(P.L.323, No.61), are amended to read:

Section 14.1.  Purchase of agricultural conservation easements.

* * *

(c)  Restrictions and limitations.--An agricultural

conservation easement shall be subject to the following terms,

conditions, restrictions and limitations:

* * *

[(2)  Unless otherwise authorized in accordance with

subsection (i), an agricultural conservation easement shall

not be sold, conveyed, extinguished, leased, encumbered or

restricted in whole or in part for a period of 25 years

beginning on the date of purchase of the easement.

(3)  Unless otherwise authorized in accordance with

subsection (i), if the land subject to the agricultural

conservation easement is no longer viable agricultural land,

the Commonwealth, subject to the approval of the State board,

and the county, subject to the approval of the county board,

may sell, convey, extinguish, lease, encumber or restrict an

agricultural conservation easement to the current owner of

record of the farmland subject to the easement after the

expiration of 25 years from the date of purchase of the

easement for a purchase price equal to the value at the time

of resale determined pursuant to subsection (f) at the time

of conveyance. A conveyance by the Commonwealth pursuant to

this subsection shall not be subject to the requirements of

Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175),

known as "The Administrative Code of 1929." The purchase

price shall be payable to the Commonwealth and the county as

their respective legal interests in the agricultural

conservation easement appear, and a separate payment shall be

made to the Commonwealth and the county accordingly at the

time of settlement. Any payment received by the Commonwealth

pursuant to this provision shall be paid into the fund.]

* * *

(6)  An agricultural conservation easement shall not

prevent:

(i)  The granting of leases, assignments or other

conveyances or the issuing of permits, licenses or other

authorization for the exploration, development, storage

or removal of coal or noncoal minerals by underground

mining methods, oil and gas by the owner of the subject

land or the owner of the underlying coal or noncoal

minerals by underground mining methods, oil and gas or

the owner of the rights to develop the underlying coal or

noncoal minerals by underground mining methods, oil and

gas, or the development of appurtenant facilities related

to the removal of coal or noncoal minerals by underground

mining methods, oil or gas development or activities

incident to the removal or development of such minerals.

(ii)  The granting of rights-of-way by the owner of

the subject land in and through the land for the

installation of, transportation of, or use of water,

sewage, electric, telephone, coal or noncoal minerals by

underground mining methods, gas, oil or oil products

lines.

(iii)  Construction and use of structures on the

subject land necessary for agricultural production or a

commercial equine activity.

(iv)  Construction and use of structures on the

subject land for the landowner's principal residence or

for the purpose of providing necessary housing for

seasonal or full-time employees: Provided, That only one

such structure may be constructed on no more than two

acres of the subject land during the term of the

agricultural conservation easement.

(v)  Customary part-time or off-season minor or rural

enterprises and activities which are provided for in the

county Agricultural Conservation Easement Purchase

Program approved by the State board under subsection (d).

(vi)  Commercial equine activity on the subject land.

* * *

Section 2 3.  The definition of "contiguous acreage" in 7 Pa.

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Code § 138e.3 (relating to definitions) is abrogated.

Section 3 4.  This act shall take effect immediately. as

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follows:

(1)  The amendment of section 14.1(c)(2) and (3) of the

act shall take effect in 60 days.

(2)  The remainder of this act shall take effect

immediately.