PRINTER'S NO. 1393
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1301
Session of
2021
INTRODUCED BY BURGOS, FREEMAN, HANBIDGE, PASHINSKI, DELLOSO,
HILL-EVANS, SCHLOSSBERG, HOWARD, SANCHEZ, HARKINS, HOHENSTEIN
AND BULLOCK, APRIL 29, 2021
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 29, 2021
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, establishing the Pennsylvania Socially Diverse
Farmers Commission and providing for its powers and duties.
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 11
PENNSYLVANIA SOCIALLY DIVERSE FARMERS COMMISSION
Sec.
1101. Scope of chapter.
1102. Definitions.
1103. Establishment.
1104. Duties.
1105. Membership.
1106. Meetings.
1107. Payments to members.
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1108. Administrative support.
Section 1101. Scope of chapter.
This chapter relates to the Socially Diverse Farmers
Commission.
Section 1102. 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:
"Commission." The Pennsylvania Socially Diverse Farmers
Commission established in this chapter.
"Economic justice area." A census block as reported in the
most-recently completed decennial census published by the United
States Census Bureau where 20% or more of individuals live at or
below the Federal poverty line or 30% percent or more of the
population identifies as a nonwhite minority.
"Low-income or moderate-income community." A census block as
reported in the most recently completed decennial census
published by the United States Census Bureau that has a poverty
rate of at least 20% or in which the median family income does
not exceed 80% of the greater of the Statewide or metropolitan
median family income.
"Socially disadvantaged farmer." A farmer who belongs to a
group whose members have been subjected to racial, ethnic,
sexual preference or gender prejudice because of their identity
as members of a group, without regard to that member's personal
qualities.
"Socially disadvantaged individual." As follows:
(1) An individual who has been subjected to racial or
ethnic prejudice or cultural bias within society because of
his or her identity as a member of a group and without regard
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to his or her individual qualities. The social disadvantage
must stem from circumstances beyond his or her control.
(2) Includes, but is not limited to, the following:
(i) African Americans.
(ii) Native American Indians.
(iii) Alaskan Natives.
(iv) Latin Americans.
(v) Asian Americans.
(vi) Pacific Islanders.
(vii) LGBTQ community.
(vii) Women.
(viii) Low-income or moderate-income community or
underserved community.
"Underserved community." A census block determined to be an
area with low supermarket access by either the United States
Department of Agriculture as identified in the Food Access
Research Atlas or through a methodology that has been adopted
for use by another governmental or philanthropic healthy food
initiative.
Section 1103. Establishment.
The Pennsylvania Socially Diverse Farmers Commission is
established.
Section 1104. Duties.
(a) General rule.--The commission shall review and make
recommendations to promote and implement a diversity, equity and
inclusion plan within the department aimed at improving
opportunities for socially disadvantaged farmers and economic
justice areas by incorporating the goal of eliminating
disparities for socially disadvantaged groups in this
Commonwealth. Reviews and recommendations shall be in the
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following areas:
(1) Education and career opportunities for socially
disadvantaged individuals, farmers and groups.
(2) Current issues facing socially disadvantaged
farmers.
(3) Grant awards and tax credit processes for socially
disadvantaged farmers.
(4) Statutory impacts on socially disadvantaged farmers.
(5) Capital access for socially disadvantaged farmers.
(6) Land access for socially disadvantaged farmers.
(7) Local government impacts on socially disadvantaged
farmers.
(8) Diversity and inclusion training on farms, in retail
food establishments and in the agriculture community,
including, but not limited to, county fairs.
(9) Policies to improve agricultural education and
career opportunities in economic justice areas.
(10) Other areas identified by the commission.
(b) Additional powers and duties.--The commission shall have
the following additional powers and duties:
(1) Review, make findings and offer recommendations
related to the socially disadvantaged farmers in this
Commonwealth.
(2) Consult with and utilize experts to assist the
commission in carrying out the duties under this subsection.
(3) Receive input from interested parties.
(4) Hold public hearings in different regions of this
Commonwealth. Virtual public hearings may be utilized by the
commission.
(5) Review and consider diversity, equity and inclusion
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policies and factors utilized throughout farming in the
United States.
(6) Review the administration and operation of State and
regional programs and services and make recommendations to
implement new policies, statutes and regulations.
(7) Recommend proposed legislation and regulatory
changes based on the commission's findings.
(8) Issue a report of the commission's findings and
recommendations to the Governor, the Majority Leader and
Minority Leader of the Senate, the Majority Leader and
Minority Leader of the House of Representatives, the
chairperson and minority chairperson of the Agriculture and
Rural Affairs Committee of the Senate and the chairperson and
minority chairperson of the Agriculture and Rural Affairs
Committee of the House of Representatives not later than one
year after the effective date of this section.
Section 1105. Membership.
(a) Members.--The commission shall consist of the following
members:
(1) Three individuals appointed by the Governor.
(2) The secretary or a designee.
(3) The Secretary of Community and Economic Development
or a designee.
(4) The Secretary of Revenue or a designee.
(5) The Secretary of Labor and Industry or a designee.
(6) The Secretary of Environmental Protection or a
designee.
(7) One individual appointed by the President pro
tempore of the Senate.
(8) One individual appointed by the Speaker of the House
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of Representatives.
(9) One individual appointed by the Majority Leader of
the Senate.
(10) One individual appointed by the Majority Leader of
the House of Representatives.
(11) One individual appointed by the Minority Leader of
the Senate.
(12) One individual appointed by the Minority Leader of
the House of Representatives.
(13) A representative of the Pennsylvania Farm Bureau.
(14) A representative of PASA Sustainable Agriculture.
(15) A representative of The Pennsylvania State
University with expertise in diversity, equity and inclusion.
(16) A representative of Rodale Institute.
(17) Three representatives of urban agriculture
organizations, including representation from Philadelphia,
Pittsburgh and one other municipality.
(18) A representative of a farm worker advocacy group or
organization.
(19) A member of the public representing youth.
(20) A representative of MANRRS (Minorities in
Agriculture, Natural Resources, and Related Sciences).
(b) Chairperson.--The commission shall appoint a member, who
shall be from a socially disadvantaged group, to serve as
chairperson of the commission.
(c) Considerations.--The following shall apply:
(1) In making appointments, the Governor, the President
pro tempore of the Senate and the Speaker of the House of
Representatives shall consider and appoint residents who:
(i) have a knowledge of problems facing racial and
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ethnic populations in this Commonwealth;
(ii) have experience in advocacy relating to racial
and ethnic farming issues; and
(iii) provide leadership in programs or activities
that create and improve opportunities for racial and
ethnic populations.
(2) At least half of the appointments shall be from
socially disadvantaged groups as provided in paragraph (1),
with appointees from no less than five different socially
disadvantaged groups. If a commission is appointed which
fails to meet this requirement, the secretary shall replace a
nonsocially disadvantaged appointment with a new appointment
from an unrepresented socially disadvantaged group until the
requirement is fulfilled.
Section 1106. Meetings.
The commission shall hold its first meeting within 45 days of
the effective date of this section, regardless of whether all
legislative caucuses have appointed members to the commission.
The commission shall hold meetings at the call of the
chairperson on no less than six different dates.
Section 1107. Payments to members.
Members may not receive compensation for services but shall
be reimbursed for all necessary travel and other reasonable
expenses incurred in connection with the performance of the
members' duties as members of the commission.
Section 1108. Administrative support.
The department shall provide administrative support, meeting
space and any other assistance required by the commission to
carry out the commission's duties under this chapter. The
department shall provide the commission with data, research and
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other information upon request by the commission.
Section 2. This act shall take effect in 30 days.
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