PRIOR PRINTER'S NO. 2852

PRINTER'S NO.  3049

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2059

Session of

2011

  

  

INTRODUCED BY MILLER, AUMENT, BOYD, CREIGHTON, FLECK, GIBBONS, GROVE, KAUFFMAN, M. K. KELLER, KILLION, MOUL, MURT, PICKETT, ROSS, SCAVELLO, SCHRODER, STURLA, SWANGER, TALLMAN AND RAPP, DECEMBER 7, 2011

  

  

AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 7, 2012   

  

  

  

AN ACT

  

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Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An

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act authorizing the creation of agricultural areas," further

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providing for the purchase of agricultural conservation

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easements; and abrogating regulations.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 14.1(b)(2) of the act of June 30, 1981

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

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is amended by adding a subparagraph to read:

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Section 14.1.  Purchase of agricultural conservation easements.

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* * *

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(b)  County programs.--After the establishment of an

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agricultural security area by the governing body, the county

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governing body may authorize a program to be administered by the

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county board for purchasing agricultural conservation easements

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from landowners whose land is either within an agricultural

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security area or in compliance with the criteria set forth in

 


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paragraph (2)(i).

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* * *

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(2)  It shall be the duty and responsibility of the

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county board to exercise the following powers:

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* * *

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(xvii)  To inspect all agricultural conservation

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easements within the county on at least a biennial basis

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to determine compliance with the applicable deed of

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easement. The following shall apply to inspections:

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(A)  The first inspection shall be completed

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within one year of the date of easement sale.

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(B)  A landowner shall be notified of an

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inspection and the inspection shall be conducted on a

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date and time agreeable to the county and the

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landowner.

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(C)  Within ten days of conducting an inspection,

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the county board shall prepare a written inspection

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report, which shall be provided by certified mail to

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the landowner. If a violation is discovered, the

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report shall be provided to the landowner by

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certified mail.

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(D)  The county board and the State Board may

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inspect the restricted land, jointly or severally,

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without prior notice if there is reasonable cause to

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believe that any provision of the deed of easement

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has been or is being violated.

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* * *

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Section 2.  The following provisions of 7 Pa. Code are

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abrogated:

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(1)  Section 138e.202(a), (b) and (c), (c) and (e).

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(2)  Section 138e.203(1).

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Section 3.  This act shall take effect immediately.

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