A02243
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
661
Session of
2019
INTRODUCED BY J. WARD, VOGEL, STEFANO, AUMENT, K. WARD, BAKER
AND BROWNE, MAY 17, 2019
AS AMENDED ON THIRD CONSIDERATION, JUNE 17, 2019
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for the 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 part to read:
PART IX
GRANT PROGRAMS
Chapter
101. (Reserved)
103. (Reserved)
105. Commonwealth Specialty Crop Block Grant Program
CHAPTER 101
(Reserved)
CHAPTER 103
(Reserved)
CHAPTER 105
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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.
10505. Allocation of money .
10506. Use of grant money by approved applicants RECIPIENTS .
10507 . Audit and recordkeeping.
10508 . Commonwealth Specialty Crop Block Grant Fund.
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 a
Commonwealth Specialty Crop Block Grant Program for TO GIVE
PRIORITY TO specialty crops that are not currently eligible for
grant payments under the Federal Specialty Crop Block Grant
Program . Funding will assist the growth, certification of seed
and marketing of high-priority 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 specialty crop designated as a
high-priority specialty crop by the secretary, with priority
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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.
"Horticultural crops crop ." A crop that is used by people
for food, medicinal purposes and or aesthetic gratification.
"Population density." The total population of this
Commonwealth as determined by the most recent Federal decennial
census, divided by the total area of this Commonwealth 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.
"Silvicultural product." 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.
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§ 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 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.
(b) Specific allocation and nonliability.--The program shall
only be administered in years in which 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
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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
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, a
specialty crop must meet the parameters established by the
secretary. Processed products shall consist of greater than
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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 approved applicants
RECIPIENTS and projects for up to two years.
§ 10505. Allocation of money .
Money that is allocated to or received by the department
under section 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 money may be used by
the department for administrative costs.
(2) An amount equal to 6.2% of the money shall be
allocated to approved 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 approved 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 approved 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 the money across this Commonwealth.
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§ 10506. Use of grant money by approved applicants RECIPIENTS .
(a) Applicants RECIPIENTS .--Money that is allocated to
approved applicants 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:
(1) the terms or provisions of this chapter;
(2) the program parameters developed under this chapter;
or
(3) a signed grant agreement established under this
chapter.
§ 10507. 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. An approved applicant 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.
§ 10508 . Commonwealth Specialty Crop Block Grant Fund.
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(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
Block Grant Fund may be supplemented by money received from the
following sources:
(1) State money appropriated to the department.
(2) Federal money appropriated to the department.
(3) Gifts and other contributions from public and
private sources.
§ 10509 . Applicability.
This chapter shall apply to the distribution of money of the
Commonwealth Specialty Crop Block Grant Fund allocated or
received by the department beginning with the fiscal year 2019-
2020 and thereafter.
Section 2. This act shall take effect in 60 days.
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