AN ACT

 

1Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
2act authorizing the creation of agricultural areas," further
3providing for definitions and for the purchase of
4agricultural conservation easements.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 3 of the act of June 30, 1981 (P.L.128,
8No.43), known as the Agricultural Area Security Law, is amended
9by adding a definition to read:

10Section 3. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section, unless the
13context clearly indicates otherwise:

14* * *

15"Wind power generation system." A system designed to collect
16and utilize wind power, including the foundation of a wind
17turbine and appurtenant structures, including new roads and
18bridges, transmission lines, substations and other related

1buildings or structures.

2Section 2. Section 14.1(c)(6) of the act is amended by
3adding a subparagraph to read:

4Section 14.1. Purchase of agricultural conservation easements.

5* * *

6(c) Restrictions and limitations.--An agricultural
7conservation easement shall be subject to the following terms,
8conditions, restrictions and limitations:

9* * *

10(6) An agricultural conservation easement shall not
11prevent:

12* * *

13(vii) The granting of rights-of-way by the owner of
14the subject land in and through the land for the
15installation of or use of a wind power generation system,
16if all of the following apply:

17(A) The subject land consists of 50 or more
18acres.

19(B) If the subject land consists of less than
20100 acres, the wind power generation system may be
21constructed on no more than two acres of the subject
22land.

23(C) If the subject land consists of 100 or more
24acres, the wind power generation system may be
25constructed on no more than two acres of the subject
26land, plus two additional acres for every 50 acres by
27which the subject land exceeds 100 acres.

28(D) If the subject land upon which the wind
29power generation system is constructed is
30subsequently subdivided or conveyed or transferred in

1whole or in part, the subject land upon which the
2wind power generation system is located must continue
3to consist of 50 or more acres.

4* * *

5Section 3. The addition of section 14.1(c)(6)(vii) of the
6act shall apply to agricultural conservation easements executed
7after June 29, 1981.

8Section 4. This act shall take effect in 60 days.