A00751
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
767
Session of
2023
INTRODUCED BY BURGOS, MADDEN, RABB, HANBIDGE, SANCHEZ, KENYATTA,
PASHINSKI, HOHENSTEIN, DELLOSO, PARKER, FLEMING AND
N. NELSON, MARCH 30, 2023
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 30, 2023
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. Part I of Title 3 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 13
PENNSYLVANIA SOCIALLY DIVERSE FARMERS COMMISSION
Sec.
1301. Scope of chapter.
1302. Definitions.
1303. Establishment.
1304. Duties.
1305. Membership.
1306. Meetings.
1307. Payments to members.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1308. Administrative support.
§ 1301. Scope of chapter.
This chapter relates to the Pennsylvania Socially Diverse
Farmers Commission.
§ 1302. 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:
"Agricultural operation." The management and use of farming
resources for the production of crops, livestock or poultry.
"Commission." The Pennsylvania Socially Diverse Farmers
Commission established in section 1303 (relating to
establishment).
"Economic justice area." A census block as reported in the
most recently completed Federal decennial census published by
the United States Census Bureau in which 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 Federal 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 An individual who
owns or operates an agricultural operation and who belongs to a
socially disadvantaged group.
"Socially disadvantaged group." A group whose members have
been subjected to racial, ethnic, sexual preference or gender
A00751 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
prejudice economic, sexual orientation or gender discrimination
because of their identity as members of the group and without
regard to their 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
the individual's identity as a member of a group and without
regard to the individual's personal qualities.
(2) The term includes an individual who is any of the
following:
(i) African American.
(ii) Native American.
(iii) Alaska Native.
(iv) Latin American.
(v) Asian American.
(vi) Pacific Islander.
(vii) A member of the LGBTQ community.
(viii) A woman.
(ix) A member of a low-income or moderate-income
community or underserved community.
(3) The social disadvantage under this definition must
stem from circumstances beyond the individual's control.
"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.
§ 1303. Establishment.
The Pennsylvania Socially Diverse Farmers Commission is
A00751 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
established.
§ 1304. Duties.
(a) Reviews and recommendations.--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
following areas:
(1) Education and career opportunities for socially
disadvantaged individuals, socially disadvantaged farmers and
socially disadvantaged groups.
(2) Current issues facing socially disadvantaged
farmers.
(3) Grant awards and tax credit processes opportunities
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 county agricultural 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:
A00751 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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 on improving
opportunities for socially disadvantaged farmers .
(7) Recommend proposed legislation and regulatory
changes based on the commission's findings.
(8) Not later than one year after the effective date of
this paragraph date the commission convenes its first meeting
under section 1306 (relating to meetings) , issue a report of
the commission's findings and recommendations to the
following:
(i) The Governor.
(ii) The President pro tempore of the Senate.
(iii) The Majority Leader and Minority Leader of the
Senate.
(iv) The Speaker of the House of Representatives.
(v) The Majority Leader and Minority Leader of the
House of Representatives.
A00751 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(vi) The chairperson and minority chairperson of the
Agriculture and Rural Affairs Committee of the Senate.
(vii) The chairperson and minority chairperson of
the Agriculture and Rural Affairs Committee of the House
of Representatives.
§ 1305. Membership.
(a) Members.--The commission shall consist of the following
members:
(1) Three Two 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 Environmental Protection or a
designee.
(5) The Secretary of Labor and Industry or a designee.
(6) The Secretary of Revenue 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
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.
A00751 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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 Minorities in Agriculture,
Natural Resources, and Related Sciences (MANRRS).
(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 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 of this
Commonwealth who:
(i) have a knowledge of problems facing racial and
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 fewer than five different socially
disadvantaged groups. If a commission is appointed which
A00751 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(13) A representative of the Pennsylvania Farm Bureau,
as chosen annually by the Pennsylvania Farm Bureau.
(14) A representative of PASA Sustainable Agriculture,
as chosen annually by PASA Sustainable Agriculture.
(15) A representative of The Pennsylvania State
University with expertise in diversity, equity and inclusion,
as chosen annually by The Pennsylvania State University.
(16) A representative of the Rodale Institute, as chosen
annually by the Rodale Institute.
(17) A representative of the United Food and Commercial
Workers International Union (UFCW), as chosen annually by the
UFCW.
(18) A youth representative from each of the following:
(i) 4-H, as chosen annually by 4-H.
(ii) Future Farmers of America, as chosen annually
by Future Farmers of America.
(19) A representative of Minorities in Agriculture,
Natural Resources, and Related Sciences (MANRRS), as chosen
annually by MANRRS.
(b) Chairperson.--The secretary shall serve as chairperson
of the commission until the commission elects a chairperson from
the membership.
(c) Considerations.--Members appointed under subsection (a)
(1), (7), (8), (9), (10), (11) and (12) shall:
(1) have a knowledge of problems facing socially
disadvantaged groups in this Commonwealth;
A00751 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) have experience in advocacy relating to socially
disadvantaged farming issues; or
(3) provide leadership in programs or activities that
create or improve opportunities for socially disadvantaged
groups.
§ 1306. 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
with quorum based upon the members who have been appointed . The
commission shall hold meetings at the call of the chairperson on
no fewer than six different dates.
§ 1307. Payments to members.
Members of the commission may not receive compensation for
services but shall may be reimbursed for all necessary travel
and other reasonable expenses incurred in connection with the
performance of the duties as members of the commission.
§ 1308. 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
other information upon request by the commission.
Section 2. This act shall take effect in 30 days.
A00751 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24