1Providing for authorization of development and operation of
2facilities to improve cost-efficiency in agricultural
3production or support agricultural marketing or agritourism
4enterprises on farms and for the establishment of minimum
5standards for land development and for construction of
6buildings that support agricultural cost-improvement
7activities and are used in agricultural marketing and
8agritourism enterprises; establishing the Farm Enterprise
9Standards Board and providing for its powers and duties;
10imposing limitations in local governmental authority;
11providing for State preemption; and making related repeals.

12The General Assembly finds and declares that the purpose of
13this act is to:

14(1) Facilitate and encourage the engagement of on-farm
15activities and enterprises that increase the cost-efficiency
16of agricultural production, increase the value and
17profitability of the farm's agricultural products and provide
18additional and supplemental income to farm operations.

19(2) Identify enterprises and related land improvement
20activities and facilities that will likely improve cost-
21efficiency in agricultural production and facilitate
22agricultural marketing and agritourism on farms.

1(3) Identify and develop uniform standards that will
2especially apply to land improvement activities and the
3construction and use of buildings and structures supporting
4agricultural production and supporting agricultural marketing
5and agritourism enterprises authorized and encouraged under
6this act.

7(4) Relieve farm families who meet the standards
8established for land improvement and construction and use of
9buildings and structures supporting agricultural production,
10agricultural marketing and agritourism enterprises and
11activities from zoning, land development and construction
12standards, requirements and restrictions that would otherwise
13be imposed by local governments.

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

16Section 1. Short title.

17This act shall be known and may be cited as the Family Farm
18Initiative and Enterprise Land Development Act.

19Section 2. Definitions.

20The following words and phrases when used in this act shall
21have the meanings given to them in this section, unless the
22context clearly indicates otherwise:

23"Agricultural marketing enterprise." An enterprise engaged
24in by a farmer for the purpose of directly marketing
25agricultural products produced by the farmer in their natural or
26manufactured state. The term shall include any on-farm
27processing, packaging or other activity performed in the course
28of direct marketing of the farmer's agricultural products. An
29enterprise that directly markets 30% of the total value of
30agricultural products grown on a farm for commercial sale shall

1be considered an agricultural marketing enterprise,
2notwithstanding that items other than the farmer's agricultural
3products are marketed or that the enterprise is operated during
4periods other than periods where the farmer's agricultural
5products are normally produced.

6"Agritourism enterprise." Any of the following:

7(1) An enterprise that provides entertainment or
8education on a farm to tourists and other patrons in the
9promotion of farming or rural lifestyle or the promotion of
10agricultural products, including farm enterprises that:

11(i) Provide for participation of patrons in farming
12or harvesting activities.

13(ii) Allow patrons to interact with farm or rural
14animals or allow patrons to interact with agricultural
15products normally produced on the farm.

16(iii) Promote the farm or products produced on the
17farm through tours, sampling and tasting of products or
18souvenir sales.

19(iv) Provide bed and breakfast accommodations or
20similar farm lodging to patrons as part of the engagement
21in farming or harvesting activities or to acquaint
22patrons with the farm's agricultural character or
23aesthetic nature.

24(v) Provide pastoral or family dining.

25(vi) Provide games, rides and other entertainment
26activities normally engaged in by farm families or rural
27communities.

28(vii) Engage in activities in conjunction with local
29seasonal festivals to promote the local availability of
30agricultural products.

1(2) An enterprise in equine activity.

2(3) An enterprise in agritainment, as defined in section
32 of the act of December 19, 1974 (P.L.973, No.319), known as
4the Pennsylvania Farmland and Forest Land Assessment Act of
51974.

6(4) Any other enterprise determined to be an agritourism
7enterprise by the board.

8"Board." The Farm Enterprise Standards Board.

9"Department." The Department of Agriculture of the
10Commonwealth.

11"Equine activity." Any commercial equine activity, as
12defined in section 3 of the act of June 30, 1981 (P.L.128,
13No.43), known as the Agricultural Area Security Law.

14"Land development." As defined in section 107 of the act of
15July 31, 1968 (P.L.805, No.247), known as the Pennsylvania
16Municipalities Planning Code.

17"Municipality." Any county, borough, township or town
18created under home rule or other means authorized by statute.

19"Secretary." The Secretary of Agriculture of the
20Commonwealth.

21"Structure." As defined in section 107 of the act of July
2231, 1968 (P.L.805, No.247), known as the Pennsylvania
23Municipalities Planning Code.

24"Supporting agricultural structure." A structure constructed
25for the purpose of storing farm implements or machinery, farm
26supplies or agricultural products. The term includes any
27structure constructed for the purpose of production of mushrooms
28or other horticultural products.

29Section 3. Farm Enterprise Standards Board.

30(a) Establishment.--The Farm Enterprise Standards Board is

1established within the department.

2(b) Membership.--The board shall consist of the following
3members:

4(1) The secretary or a designee, who shall serve as
5board chairman.

6(2) Two active farmers appointed by the Governor who are
7engaged or who have experience in operation of an
8agricultural marketing or agritourism enterprise. Each
9appointee shall be made from a list of persons nominated by
10all of the following:

11(i) The Pennsylvania Farm Bureau.

12(ii) The Pennsylvania Association for Sustainable
13Agriculture.

14(3) Two architects or building contractors, each
15appointed by the President pro tempore of the Senate and the
16Speaker of the House of Representatives, who have experience
17in the design or construction of supporting agricultural
18buildings or buildings commonly used in agricultural
19marketing and agritourism enterprises.

20(4) One municipal official appointed by the Minority
21Leader of the Senate who is responsible for enforcement of
22building or land development standards.

23(5) One member of the public appointed by the Minority
24Leader of the House of Representatives.

25(c) Term.--Members of the board shall be appointed to four-
26year terms, except that the initial terms for the legislative
27appointees shall be two years.

28(d) Meetings.--At least four members of the board shall
29constitute a quorum for the purpose of conducting business. A
30majority of those present and voting shall have authority to act

1upon any matter. Each member of the board may participate in
2meetings and shall be considered to be present at meetings as
3authorized by law. The board is authorized to establish rules
4governing the operation of meetings and procedures for
5administration of this act. A board member who is absent without
6reasonable justification for three consecutive meetings may be
7removed by action of the board.

8(e) Compensation and expenses.--Persons appointed to the
9board shall serve without compensation, but shall be reimbursed
10for reasonable expenses incurred in the performance of their
11duties.

12(f) Vacancies.--A vacancy occurring during the term of any
13board member shall be filled for the unexpired term by a
14successor appointed in the same manner as the member.

15(g) Powers and duties.--

16(1) General.--The board shall have the following powers
17and duties:

18(i) To identify supporting agricultural structures
19and agricultural marketing and agritourism enterprises
20that will be authorized to be constructed or performed on
21farms.

22(ii) To establish minimum standards for land
23development, construction of buildings and structures and
24operation that will apply to supporting agricultural
25structures and to agricultural marketing or agritourism
26enterprises on farms identified under subparagraph (i).

27(iii) Upon a request for review in accordance with
28section 4, to determine whether the design, land
29development or construction of supporting agricultural
30production facilities or facilities related to an

1agricultural marketing or agritourism enterprise meets
2the minimum standards established by the board.

3(2) In establishing the minimum standards under
4paragraph (1)(i), the board shall consider the following:

5(i) Minimum standards and requirements of
6construction or operation that may be applicable to
7supporting agricultural structures or agricultural
8marketing or agritourism enterprises under Federal law.

9(ii) Measures for effective control of adverse
10environmental impacts likely to occur from land
11development, construction or operation of supporting
12agricultural structures or agricultural marketing or
13agritourism enterprise facilities.

14(iii) Measures for effective control and management
15of erosion and sedimentation, sewage and storm water
16runoff from land development, construction and operation
17of supporting agricultural structures or agricultural
18marketing or agritourism enterprise facilities.

19(iv) Measures to ensure effective health and safety
20protection of agricultural marketing or agritourism
21enterprise areas and facilities that patrons will likely
22come into contact with or occupy.

23(v) Principles for management of agricultural
24marketing and agritourism enterprises on farms in a
25manner and scale that will not seriously diminish the
26farm's principal character and use as a farm.

27(vi) The practical and economic feasibility of
28typical farm families in this Commonwealth to attain the
29standards established.

30(h) Administrative and clerical support.--The department

1shall provide the board with sufficient staff, office space,
2equipment and other administrative and clerical support as will
3allow the board to fully carry out the powers and duties
4prescribed under this act.

5Section 4. Review and determination of compliance with minimum
6standards.

7(a) Request for review.--A person owning or operating a farm
8who constructs or plans to construct a supporting agricultural
9structure or who engages or plans to engage in an agricultural
10marketing or agritourism enterprise may submit to the board an
11application for review to determine whether the structure or
12enterprise meets the minimum standards established by the board.
13The application shall be submitted in writing in a form and
14manner prescribed by the board.

15(b) Notice.--Within 30 days of receiving the application,
16the board shall provide to the applicant, by regular mail, a
17notice of receipt of the application and shall transmit for
18publication a notice of receipt of the application in the
19Pennsylvania Bulletin and in the appropriate newspaper of
20general circulation.

21(c) Procedures for review and determination.--Reviews and
22determinations made by the board shall be subject to 2 Pa.C.S.
23Ch. 5 Subch. A (relating to practice and procedure of
24Commonwealth agencies).

25(d) Notice of determination.--In addition to the
26requirements for issuance and notice of determination prescribed
27by law, the board shall, upon issuance of determination,
28transmit for publication in the Pennsylvania Bulletin a notice
29that sufficiently identifies the application for which the
30determination is issued and that the determination made.

1(e) Appeals.--A person aggrieved by a determination made by
2the board may appeal the determination by filing an appeal
3within 30 days of the date the determination is published in the
4Pennsylvania Bulletin. An appeal made under this subsection
5shall be subject to the provisions of 2 Pa.C.S. Ch 7. Subch. A
6(relating to judicial review of Commonwealth agency action).

7Section 5. Enterprises meeting minimum standards authorized.

8Land development, construction or operation of a supporting
9agricultural structure or a facility related to an agricultural
10marketing or agritourism enterprise performed in accordance with
11the minimum standards established under this act shall be
12authorized absolutely, notwithstanding any municipal ordinance,
13public nuisance or zoning prohibitions to the contrary.

14Section 6. Effect of establishment of minimum standards on
15other laws.

16This act may not be interpreted with other law in a manner
17that will impose any additional requirement or restriction upon
18supporting agricultural structures and facilities for which
19standards have been established under this act.

20Section 7. Effect of municipal ordinances and actions in
21contravention of this act.

22An enactment or enforcement of a municipal ordinance that
23prohibits, restricts or places additional requirements on land
24development, construction or operation of a supporting
25agricultural structure or agricultural marketing or agritourism
26enterprise that meets the minimum standards established under
27this act shall be deemed to be an unauthorized local ordinance
28for purposes of 3 Pa.C.S. Ch. 3 (relating to local regulation)
29and shall be subject to the rights of legal action and other
30rights and remedies prescribed in 3 Pa.C.S. Ch. 3. The rights

1and remedies authorized under this section shall be in addition
2to any other legal or equitable rights or remedies that may be
3authorized by law. A person aggrieved by the enactment or
4enforcement of a municipal ordinance in contravention of this
5act shall not be required to exhaust legal or administrative
6remedies that may be prescribed under other laws.

7Section 8. State preemption.

8This act and its provisions are of Statewide concern and
9occupy the whole field of regulation related to land
10development, construction and engagement and operation of
11supporting agricultural structures and facilities related to
12agricultural marketing and agritourism enterprises. No ordinance
13or regulation of a municipality may prohibit or attempt to
14regulate any matter relating to land development, construction
15or operation of supporting agricultural structures or
16agricultural marketing or agritourism enterprises in a manner
17that conflicts with this act.

18Section 9. Interpretation of act.

19This act shall be liberally construed to effectuate its
20purposes.

21Section 10. Retroactivity.

22This act shall apply retroactively to any municipal ordinance
23or regulation in effect on the effective date of this section.

24Section 11. Repeals.

25(a) Specified acts.--The following acts or parts of acts are
26repealed to the extent they conflict with the provisions of this
27act:

28(1) The act of June 24, 1931 (P.L.1206, No.331), known
29as The First Class Township Code.

30(2) The act of May 1, 1933 (P.L.103, No.69), known as

1The Second Class Township Code.

2(3) The act of August 9, 1955 (P.L.323, No.130), known
3as The County Code.

4(4) The act of January 24, 1966 (1965 P.L.1535, No.537),
5known as the Pennsylvania Sewage Facilities Act.

6(5) The act of February 1, 1966 (1965 P.L.1656, No.581),
7known as The Borough Code.

8(6) The act of July 31, 1968 (P.L.805, No.247), known as
9the Pennsylvania Municipalities Planning Code.

10(7) The act of October 4, 1978 (P.L.864, No.167), known
11as the Storm Water Management Act.

12(8) The act of November 10, 1999 (P.L.491, No.45), known
13as the Pennsylvania Construction Code Act.

14(b) Other acts.--All acts or parts of acts are repealed
15insofar as they are inconsistent with the provisions of this
16act.

17Section 12. Effective date.

18This act shall take effect in 60 days.