Regular Session 2019-2020 House Bill 1519 P.N. 2162

PRIOR PRINTER'S NO. 1914

PRINTER'S NO. 2162

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1519

Session of

2019

INTRODUCED BY RABB, CAUSER, PASHINSKI, BERNSTINE, A. DAVIS,

T. DAVIS, DeLISSIO, FREEMAN, GREINER, HANBIDGE, HERSHEY,

HICKERNELL, M. K. KELLER, KINSEY, LONGIETTI, MALAGARI,

McNEILL, MILLARD, OWLETT, RYAN, SAPPEY, SAYLOR, SNYDER,

STRUZZI, WEBSTER, ZIMMERMAN, IRVIN, BURGOS AND SAINATO,

MAY 29, 2019

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 17, 2019

AN ACT

Amending Title 3 (Agriculture) of the Pennsylvania Consolidated

Statutes, providing for Commonwealth Specialty Crop Block

Grant Program; AND ESTABLISHING THE COMMONWEALTH SPECIALTY

CROP BLOCK GRANT FUND.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 3 of the Pennsylvania Consolidated Statutes

is amended by adding a chapter to read:

CHAPTER 105

COMMONWEALTH SPECIALTY CROP BLOCK GRANT PROGRAM

Sec.

10501. Declaration of purpose.

10502. Definitions.

10502.1. ESTABLISHMENT OF PROGRAM.

10503. Authority.

10504. Eligible applicants and projects.

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10505. Allocation of funds MONEY .

10506. Use of grant funds MONEY by approved applicants

RECIPIENTS .

10507. Entry onto premises.

10508 10507 . Audit and recordkeeping.

10509. Enforcement and penalties.

10510. Civil remedy.

10511. 10508. Commonwealth Specialty Crop Block Grant Fund.

10512 10509 . Applicability.

§ 10501. Declaration of purpose.

The purpose of this chapter is to enhance, but not replace,

the Federal Specialty Crop Block Grant Program by establishing

an annual A Commonwealth Specialty Crop Block Grant Program for

horticultural TO GIVE PRIORITY TO specialty crops that are not

currently eligible for grant payments under the Federal

Specialty Crop Block Grant Program administered under the

provisions of the Federal Agricultural Improvement Act of 2018

(Public Law 115-334). Assured annual funding . FUNDING will

assist the growth, certification of seed and marketing of high

priority horticultural specialty crops, as defined by the

secretary under this chapter.

§ 10502. Definitions.

The following words and phrases when used in this chapter

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

context clearly indicates otherwise:

"Crop." Plants that are cultivated for sale, production,

processing or subsistence. The term does not include wild

plants.

"Eligible specialty crop." A horticultural crop not

currently eligible for funding under the Federal Specialty Crop

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Block Grant Program and any future amendment thereto, or a plant

cultivated and utilized for fiber or biofuel purposes, which is

not currently eligible for funding under the Federal Specialty

Crop Block Grant Program, and designated as a high-priority

specialty crop by the secretary.

"ELIGIBLE SPECIALTY CROP." A SPECIALTY CROP DESIGNATED AS A

HIGH-PRIORITY SPECIALTY CROP BY THE SECRETARY, WITH PRIORITY

GIVEN TO CROPS, PLANTS AND PRODUCTS THAT ARE NOT CURRENTLY

ELIGIBLE FOR FUNDING UNDER THE FEDERAL SPECIALTY CROP BLOCK

GRANT PROGRAM.

"Federal Specialty Crop Block Grant Program." The Specialty

Crops Competitiveness Act of 2004 (Public Law 108-465, 118 Stat.

3882).

"General evaluation criteria." The evaluation criteria

established by the department and utilized for the Federal

Specialty Crop Block Grant Program.

"Horticulture." The branch of agriculture concerned with

growing plants "HORTICULTURAL CROP." A CROP that are IS used by

people for food, medicinal purposes and aesthetic gratification.

"Population density." The total population of Pennsylvania,

as determined by the most recent Federal decennial census,

divided by the total area of Pennsylvania in square miles.

"PROGRAM." THE COMMONWEALTH SPECIALTY CROP BLOCK GRANT

PROGRAM ESTABLISHED UNDER SECTION 10502.1 (RELATING TO

ESTABLISHMENT OF PROGRAM).

"Rural municipality." A municipality of this Commonwealth

with a population density less than the Statewide average

population density or a total population less than 2,500, unless

more than 50% of the population lives in an urbanized area as

defined by the United States Census Bureau.

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"Specialty crops." The term includes fruits and vegetables,

tree nuts, dried fruits and horticulture and nursery crops,

including floriculture and crops used for fiber or biofuel

purposes.

"SILVICULTURAL PRODUCTS." A PRODUCT OF A FOREST OR WOODLAND,

INCLUDING, BUT NOT LIMITED TO, TIMBER.

"SPECIALTY CROP." A HORTICULTURAL CROP OR SILVICULTURAL

PRODUCT, A PLANT CULTIVATED AND UTILIZED FOR FIBER OR BIOFUEL

PURPOSES OR AN APIARY PRODUCT.

"Urban municipality." A municipality of this Commonwealth

not defined as a rural municipality.

§ 10502.1. ESTABLISHMENT OF PROGRAM.

THE COMMONWEALTH SPECIALTY CROP BLOCK GRANT PROGRAM IS

ESTABLISHED IN THE DEPARTMENT.

§ 10503. Authority.

(a) Duties of department.--The department shall have the

following duties:

(1) To administer this chapter in a manner consistent

with the general evaluation criteria, including the

application, evaluation and reporting processes required and

employed under the annual Federal Specialty Crop Block Grant

Program.

(2) To develop all necessary documents and transmit a

notice of all parameters of the Commonwealth Specialty Crop

Block Grant Program PROGRAM , including eligible specialty

crops, evaluation criteria, submittal dates, application and

reporting forms and requirements and template grant

agreements to the Legislative Reference Bureau for

publication in the Pennsylvania Bulletin and on the

department's publicly available Internet website.

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(b) Funds available basis SPECIFIC ALLOCATION AND

NONLIABILITY .--The Commonwealth Specialty Crop Block Grant

Program PROGRAM shall only be administered in years in which

funds are MONEY IS specifically allocated or received and made

available to the department under this chapter for that purpose.

THE DEPARTMENT SHALL NOT BE LIABLE FOR ANY COMMITMENT OR FOR

COMPLETION OF A PARTIALLY COMPLETED OR PARTIALLY FUNDED PROJECT

WHICH CANNOT BE COMPLETED DUE TO THE UNAVAILABILITY OF

COMMONWEALTH MONEY OR FUTURE COMMONWEALTH APPROPRIATIONS.

§ 10504. Eligible applicants and projects.

The following eligibility criteria shall apply to applicants

and grant projects:

(1) State and local organizations, producer

associations, academia, community-based organizations and

other eligible specialty crops stakeholders are eligible to

apply.

(2) Projects shall enhance the competitiveness of

eligible specialty crops and benefit the eligible specialty

crop industry as a whole and may include, but are not limited

to, projects such as:

(i) Increasing child and adult nutrition knowledge

and consumption of specialty crops.

(ii) Participation of industry representatives at

meetings of international standard setting bodies in

which the Federal Government participates.

(iii) Improving efficiency and reducing costs of

distribution systems.

(iv) Assisting all entities in the specialty crop

distribution chains in developing good agricultural

practices, good handling practices, good manufacturing

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practices and in cost-share arrangements for funding

audits of such systems for small farmers, packers and

processors.

(v) Investing in specialty crop research, including

organic research to focus on conservation and

environmental outcomes and enhancing food safety.

(vi) Developing new and improved seed varieties and

specialty crops.

(vii) Pest and disease control.

(viii) Sustainability.

(3) To be considered an eligible specialty crop,

eligible plants must be cultivated or managed and used by

people for food, medicinal purposes or aesthetic

gratification or other A SPECIALTY CROP MUST MEET THE

parameters established by the secretary. Processed products

shall consist of greater than 50% of the eligible specialty

crop by weight, exclusive of added water.

(4) Grants may not be awarded to projects that directly

benefit a particular commercial product or provide a profit

to a single organization, institution or individual.

(5) Grants may be awarded to eligible applicants

RECIPIENTS and projects for up to two years.

§ 10505. Allocation of funds MONEY .

The funds which the department is allocated or receives under

MONEY THAT IS ALLOCATED TO OR RECEIVED BY THE DEPARTMENT UNDER

section 10511 10508 (relating to Commonwealth Specialty Crop

Block Grant Fund) shall be allocated for administration of this

chapter in accordance with the following formula:

(1) An amount of up to 8% of the funds MONEY may be used

by the department for administrative costs.

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(2) An amount equal to 6.2% of the money shall be

allocated to eligible applicants RECIPIENTS and projects

located in rural municipalities where at least 20% of the

population has been below the Federal poverty line since 1990

based on census data.

(3) An amount equal to 3.8% of the money shall be

allocated to eligible applicants RECIPIENTS and projects

located in urban municipalities where at least 20% of the

population has been below the Federal poverty line since 1990

based on census data.

(4) The balance of the money remaining after making

allocations under paragraphs (1), (2) and (3) shall be

allocated to eligible applicants RECIPIENTS and projects in a

manner which seeks to distribute the money evenly among TYPES

OF eligible specialty crops and, where practicable, in a

manner that distributes money across this Commonwealth.

§ 10506. Use of grant funds MONEY by approved applicants

RECIPIENTS .

(a) Approved applicant.--The funds that are allocated to

approved applicants by the department, in accordance with this

chapter, shall be used only for approved, eligible activities

which are permitted in accordance with this chapter, the

Commonwealth Specialty Crops Block Grant parameters and the

grant agreement.

(A) RECIPIENTS.--MONEY THAT IS ALLOCATED TO RECIPIENTS BY

THE DEPARTMENT SHALL BE USED ONLY FOR APPROVED PROJECTS IN

ACCORDANCE WITH THIS CHAPTER, PROGRAM PARAMETERS AND GRANT

AGREEMENTS.

(b) Violations.--It shall be unlawful for a person to

violate:

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(1) the terms or provisions of this chapter;

(2) the program parameters developed under this chapter;

(3) a signed grant agreement established under this

chapter.

§ 10507. Entry onto premises.

The department, in the performance of duties required to

enforce and assure compliance with this chapter, may, during

normal business hours, enter onto the premises of an approved

block grant applicant or recipient. Failure to grant access

shall be a violation of this chapter.

§ 10508. Audit and recordkeeping.

(a) Requirements.--The department shall establish and

enforce the audit and recordkeeping requirements as established

under the annual Federal Specialty Crop Block Grant Program and

publish the requirements on the department's publicly accessible

Internet website. The department shall transmit notice of the

audit and recordkeeping requirements to the Legislative

Reference Bureau for publication in the Pennsylvania Bulletin.

(b) Authority to investigate.--The department may

investigate the records of an approved applicant A RECIPIENT

under this chapter. The approved applicant RECIPIENT shall

provide the applicant's RECIPIENT'S records upon the

department's request. The department shall conduct A RECIPIENT

SHALL ALLOW THE DEPARTMENT TO CONDUCT ON-SITE inspections as

necessary to assure compliance with this chapter, the program

parameters developed under this chapter or a signed grant

agreement established under this chapter.

§ 10509. Enforcement and penalties.

(a) Revocation, denial and reimbursement.--For a violation

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of the terms or provisions of this chapter, the program

parameters developed under this chapter or a signed grant

agreement established under this chapter, the department may:

(1) Revoke the approved block grant and recover any

grant funds already allocated. Failure of a person to repay

all or a portion of the grant funds already allocated shall

allow the department to refer the matter to the Office of

Attorney General, which shall recover the amount by action in

the appropriate court.

(2) Deny an application filed by the person for a

current, future or joint project block grant.

(b) Civil penalties.--The following shall apply:

(1) In addition to proceeding under any other remedy

available at law or in equity for a violation of this

chapter, a rule adopted under this chapter or an order issued

or agreement entered into under this chapter, the department

may assess a civil penalty of not more than the amount of the

block grant and cost of prosecution upon an individual or

business for each offense.

(2) No civil penalty shall be assessed unless the person

charged has been given notice and opportunity for a hearing

on the charge in accordance with law.

(3) In determining the amount of the penalty, the

department shall consider the gravity of the violation. The

department may issue a warning in lieu of assessing a

penalty.

(4) In cases of inability to collect the civil penalty

or failure of a person to pay all or a portion of the

penalty, as the department may determine, the department may

refer the matter to the Office of Attorney General, which

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shall recover such amount by action in the appropriate court.

§ 10510. Civil remedy.

In addition to any other remedies provided for in this

chapter, the Attorney General, at the request of the department,

may initiate, in the Commonwealth Court or the court of common

pleas of the county in which the defendant resides or has a

place of business, an action in equity for an injunction to

restrain any and all violations of this chapter or the rules

promulgated under this chapter or any order issued or agreement

entered into under this chapter from which no timely appeal has

been taken or which has been sustained on appeal. In a

proceeding, the court shall, upon motion of the Commonwealth,

issue a preliminary injunction if the court finds that the

defendant is engaging in conduct that is unlawful under this

chapter or is engaging in conduct which is causing immediate or

irreparable harm to the public. The Commonwealth shall not be

required to furnish bond or other security in connection with

the proceedings. In addition to an injunction, the court in the

equity proceedings may levy civil penalties under section 2383

(relating to enforcement and penalties).

§ 10511. § 10508. Commonwealth Specialty Crop Block Grant Fund.

(a) Establishment.--The Commonwealth Specialty Crop Block

Grant Fund is established as a special nonlapsing fund in the

State Treasury. All money derived from fines and civil

penalties, judgments and interest collected or imposed under

this chapter shall be paid into the fund. All money placed into

the fund and the interest the fund accrues are hereby

appropriated to the department on a continuing basis for any

activities necessary to meet the requirements of this chapter.

(b) Supplements to fund.--The Commonwealth Specialty Crop

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Block Grant Fund may be supplemented by money received from the

following sources:

(1) State funds MONEY appropriated to the department.

(2) Federal funds MONEY appropriated to the department.

(3) Gifts and other contributions from public and

private sources.

§ 10512 10509 . Applicability.

This chapter shall apply to the distribution of money of the

Commonwealth Specialty Crop Block Grant Fund allocated or made

available to TO OR RECEIVED BY the department beginning with

fiscal year 2019-2020 and thereafter. The department shall not

be liable for any commitment or for completion of a partially

completed or partially funded project which cannot be completed

due to the unavailability of Commonwealth funds or future

Commonwealth appropriations.

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

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