A01591
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1517
Session of
2019
INTRODUCED BY ZIMMERMAN, CAUSER, PASHINSKI, BERNSTINE, A. DAVIS,
T. DAVIS, DeLISSIO, FEE, FREEMAN, GREINER, HANBIDGE, HERSHEY,
HICKERNELL, M. K. KELLER, KINSEY, LONGIETTI, MALAGARI,
MILLARD, B. MILLER, MOUL, OWLETT, RADER, RYAN, SAPPEY,
SAYLOR, SNYDER, STRUZZI, WEBSTER AND IRVIN, MAY 29, 2019
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MAY 29, 2019
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in soil and conservation, providing for
Conservation Excellence Grant Program; and making an
editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Part V of Title 3 of the
Pennsylvania Consolidated Statutes is amended to read:
PART V
SOIL AND CONSERVATION
[(Reserved)]
Section 2. Part V of Title 3 is amended by adding a chapter
to read:
CHAPTER 31
CONSERVATION EXCELLENCE GRANT PROGRAM
Sec.
3101. Definitions.
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3102. Establishment.
3103. Administration of program.
3104. Application guidelines.
3105. Grants, loans and tax credits.
3106. Project certification.
3107. Criteria for evaluation of applications.
3108. Application, review and authorization by commission.
§ 3101. 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:
"Best management practice." A practice or combination of
practices determined by the State Conservation Commission or
United States Department of Agriculture Natural Resources and
Conservation Service to be effective and practical, considering
technological, economic and institutional factors, to manage
nutrients and sediment to protect surface water and groundwater.
"Commission." The State Conservation Commission established
under section 4 of the act of May 15, 1945 (P.L.547, No.217),
known as the Conservation District Law.
"Program." The Conservation Excellence Grant Program
established under section 3102 (relating to establishment).
"USDA-NRCS." The United States Department of Agriculture
Natural Resources and Conservation Service.
§ 3102. Establishment.
The Conservation Excellence Grant Program is established
within the commission.
§ 3103. Administration of program.
The commission shall administer the program for the purpose
of providing technical and financial assistance to farmers and
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landowners for the implementation of best management practice
projects in high-priority locations within this Commonwealth
through a combination of grants, loans and tax credits as
authorized under section 4(7) of the act of May 15, 1945
(P.L.547, No.217), known as the Conservation District Law.
§ 3104. Application guidelines.
The commission shall establish guidelines for the approval of
applications for eligible projects under the program.
§ 3105. Grants, loans and tax credits.
(a) Awards.--The commission may award grants, loans or tax
credits to applicants for eligible projects that the commission
determines will further the purpose of the program.
(b) Grants.--Grants shall be awarded to the extent funding
is made available by the General Assembly.
(c) Loans.--Loans under this section may be awarded through
the Agriculture-Linked Investment Program or any other loan
program approved by the commission.
(d) Tax credits.--Tax credits under this section may be
awarded through the Resource Enhancement and Protection Tax
Credit Program under Article XVII-E of the act of March 4, 1971
(P.L.6, No.2), known as the Tax Reform Code of 1971.
§ 3106. Project certification.
(a) Requirements.-- The commission shall ensure that a
project satisfies the requirements of the program in accordance
with the following:
(1) Except as provided under paragraph (2), if a
project's best management practice requires review and
certification by a registered professional engineer under the
applicable laws or regulations of this Commonwealth, the best
management practice shall be certified by a registered
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professional engineer.
(2) Any other project shall be certified by a technical
service provider, staff from a conservation district or the
USDA-NRCS or any other person who has appropriate training
and expertise and is approved by the commission.
(b) Grants.--Mone y from grants awarded under this chapter
may be used to satisfy the requirements under subsection (a).
§ 3107. Criteria for evaluation of applications.
In approving applications for eligible projects under the
program, the commission shall give priority to applications
based upon the following criteria and this order:
(1) Priority locations as follows:
(i) Counties designated by DEP the Department of
Environmental Protection as Tier 1 Chesapeake Bay
counties.
(ii) Counties designated by DEP the Department of
Environmental Protection as Tier 2 and 3 Chesapeake Bay
counties.
(iii) All other counties.
(2) Priority practices as follows:
(i) Livestock exclusion fencing.
(ii) Stream-side buffers.
(iii) Streambank restoration.
(iv) Barnyard and feedlot runoff abatement.
(v) Stream crossings.
(vi) Off-stream watering.
(vii) Manure storage facilities.
(viii) Nutrient management plans and manure
management plans.
(ix) Agricultural erosion and sedimentation plans.
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(x) Any other priority practices approved by the
commission.
(3) The level and extent of planning and technical
assistance, including inventory and evaluation, design work,
permits and similar types of assistance, already completed to
allow for accurate estimates of project costs and for
completion of the project in a timely fashion.
(4) The extent to which an applicant is willing to
accept a reasonable mix of grants, loans and tax credits or
to supply nongovernmental matching funds for the project.
(5) Any other criteria as adopted by the commission.
§ 3108. Application, review and authorization by commission.
(a) Application process.--A person must apply to the
commission for a grant, loan or tax credit for an eligible
project under the program with an application created by the
commission. The application must include all of the following
information:
(1) The location of the project.
(2) The type of the project.
(3) The status of the project.
(4) The type and combination of funding requested under
the program.
(5) The total cost of the project.
(6) Any other information as required by the commission.
(b) Review.--The commission shall review applications based
upon the criteria established under section 3107 (relating to
criteria for evaluation of applications) on a first-come, first-
served basis. Within 60 days of receipt of an application, the
commission shall notify the applicant of all of the following:
(1) Whether the project is approved for funding under
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the program.
(2) The total amount of money approved for the project.
(3) The amount of each type of funding approved for the
project.
(c) Notice of completion.--Upon completion of a project
funded under this program, the person who received approval for
the project shall notify the commission of the completion of the
project. The notice under this subsection shall include the
required certification under section 3106 (relating to project
certification).
(d) Inspection.--Projects funded under this program may be
subject to inspection by the commission or the commission's
designated agent.
Section 3. This act shall take effect in 60 days.
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