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 limitation on certain governmental actions.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 13(a) and (b) of the act of June 30, 1981 
7(P.L.128, No.43), known as the Agricultural Area Security Law, 
8amended May 15, 2006 (P.L.190, No.46), are amended to read:

9Section 13. Limitation on certain governmental actions.

10(a) Approval required for condemnation and for certain other 
11actions by an agency of the Commonwealth.--No agency of the 
12Commonwealth having or exercising powers of eminent domain shall 
13condemn for any purpose any land within any agricultural 
14security area which land is being used for productive 
15agricultural purposes (not including the growing of timber) 
16unless prior approval has been obtained in accordance with the 
17criteria and procedures established in this section from the 
18Agricultural Lands Condemnation Approval Board as established in 

1section 306 of the act of April 9, 1929 (P.L.177, No.175), known 
2as "The Administrative Code of 1929." [The] Excepting a county 
3of the first class, a county of the second class or a county of 
4the third class, the condemnation approval specified by this 
5subsection shall not be required for an underground public 
6utility facility that does not permanently impact the tilling of 
7soil or for any facility of an electric cooperative corporation 
8or for any public utility facility the necessity for and the 
9propriety and environmental effects of which has been reviewed 
10and ratified or approved by the Pennsylvania Public Utility 
11Commission or the Federal Energy Regulatory Commission. In 
12addition, all State-funded development projects which might 
13affect land in established agricultural security areas shall be 
14reviewed by the appropriate local agricultural advisory 
15committee and by the Agricultural Lands Condemnation Approval 
16Board. Each reviewing body may suggest any modification to the 
17State-funded development projects which ensures the integrity of 
18the agricultural security areas against nonfarm encroachment.

19(b) Approval required for condemnation by a political
20subdivision, authority, public utility or other body.--No
21political subdivision, authority, public utility or other body
22having or exercising powers of eminent domain shall condemn any
23land within any agricultural security area for any purpose,
24unless prior approval has been obtained from Agricultural Lands
25Condemnation Approval Board and from each of the following
26bodies: the governing bodies of the local government units
27encompassing the agricultural security area, the county
28governing body, and the Agricultural Security Area Advisory
29Committee. Review by the Agricultural Lands Condemnation
30Approval Board and the other indicated bodies shall be in

1accordance with the criteria and procedures established in this
2section. [The] Excepting a county of the first class, a county 
3of the second class or a county of the third class, the
4condemnation approvals specified by this subsection shall not be
5required for an underground public utility facility that does
6not permanently impact the tilling of soil or for any facility
7of an electric cooperative corporation or for any public utility
8facility the necessity for and the propriety and environmental
9effects of which has been reviewed and ratified or approved by
10the Pennsylvania Public Utility Commission or the Federal Energy
11Regulatory Commission, regardless of whether the right to
12establish and maintain such underground or other public utility
13facility is obtained by condemnation, or by agreement with the
14owner.

15* * *

16Section 2. This act shall take effect in 60 days.