S0661B1036A02411 MSP:JSL 06/24/19 #90 A02411
AMENDMENTS TO SENATE BILL NO. 661
Sponsor: REPRESENTATIVE CAUSER
Printer's No. 1036
Amend Bill, page 1, line 2, by inserting after "Statutes, "
establishing the Agricultural Business Development Center and
the Agricultural Business Development Center Advisory
Committee;
Amend Bill, page 1, line 4, by striking out the period after
"Fund" and inserting
; providing for agriculture and youth development; establishing
the Urban Agricultural Infrastructure Grant Program; and
making a related repeal.
Amend Bill, page 1, lines 7 and 8, by striking out all of
said lines and inserting
Section 1. Title 3 of the Pennsylvania Consolidated Statutes
is amended by adding a chapter to read:
CHAPTER 48
AGRICULTURAL BUSINESS DEVELOPMENT CENTER
Sec.
4801. Short title of chapter.
4802. Definitions.
4803. Establishment.
4804. Purpose.
4805. Agricultural Business Development Center Advisory
Committee.
4806. Grant programs.
4807. Limitation on grants.
4808. Disposition of grants.
4809. Regulations.
4810. Agricultural Business Development Center Fund.
§ 4801. Short title of chapter.
This chapter shall be known and may be cited as the
Agricultural Business Development Center Act.
§ 4802. 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:
"Advisory committee." The Agricultural Business Development
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Center Advisory Committee established under section 4805
(relating to Agricultural Business Development Center Advisory
Committee).
"Center." The Agricultural Business Development Center
established under section 4803 (relating to establishment).
"Fund." The Agricultural Business Development Center Fund
established under section 4810 (relating to Agricultural
Business Development Center Fund).
§ 4803. Establishment.
The Agricultural Business Development Center is established
in the department, which shall staff and operate the center.
§ 4804. Purpose.
The department shall operate the center for the following
purposes:
(1) To provide farmers and prospective farmers a
resource and reference center for creating business plans and
management strategies to enhance the long-term economic
viability of a farm.
(2) To provide farmers a resource and reference center
for creating plans for the transition of ownership and
operation of a farm to new owners and operators.
(3) To provide farmers a resource and reference center
for creating plans for transfer of ownership and operation of
a farm within the farmer's family.
(4) To provide a resource and reference center for
helping a farmer diversify an existing agricultural operation
to new or different forms of agricultural production,
including on-farm value-added processing and agritourism.
(5) To provide persons who own or operate farms that are
subject to perpetual agricultural conservation easements
acquired under the act of June 30, 1981 (P.L.128, No.43),
known as the Agricultural Area Security Law, resources to
help maintain the long-term economic viability of the farms
and protect the investment of public funds in preserving the
farms for agricultural production.
(6) To provide a resource and reference center for
persons planning a farm expansion or seeking financing for
farm growth.
(7) To help identify and build teams of planning
facilitators, accountants, financial planners, lenders,
marketers, conservation and nutrient management planners and
veterinarians who can provide expertise.
(8) To devise, award and administer grants to farmers,
prospective farmers and others.
§ 4805. Agricultural Business Development Center Advisory
Committee.
(a) Establishment.--There is established the Agricultural
Business Development Center Advisory Committee, to advise the
secretary with respect to the secretary's responsibilities under
this chapter.
(b) Membership.--The advisory committee shall consist of the
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following members:
(1) The secretary, who shall serve as chairperson.
(2) The secretary of the Department of Community and
Economic Development or a designee.
(3) The dean of the College of Agricultural Sciences at
The Pennsylvania State University or a designee.
(4) One representative selected annually from each of
the following organizations:
(i) The Pennsylvania Bankers Association.
(ii) A farm credit association servicing clients in
this Commonwealth.
(iii) The Pennsylvania Association of Conservation
Districts.
(5) The following individuals appointed by the
secretary:
(i) A licensed veterinarian whose practice includes
food animals.
(ii) A person certified to create nutrient
management plans.
(iii) A certified public accountant.
(iv) A financial planner.
(v) An attorney.
(vi) A farmer who has experience with a farm
transition or diversification of the agricultural
production of a farm.
(c) Terms.--
(1) The term of office for each advisory committee
member under subsection (b)(5) shall be three years, except
that the initial terms shall be staggered as follows:
(i) Two members shall each serve a term of one year.
(ii) Two members shall each serve a term of two
years.
(iii) Two members shall each serve a term of three
years.
(2) Advisory committee members may be appointed to
successive terms at the discretion of the secretary, except
that no member may serve more than two three-year terms.
Vacancies shall be filled in the same manner as the original
appointments.
(d) Duties.--The advisory committee shall meet as often as
necessary to advise the secretary on satisfying the purpose of
this chapter and establishing and awarding grants under this
chapter.
(e) Expenses.--Advisory committee members shall serve
without compensation but shall be entitled to expenses which are
reasonable and necessary in the performance of their duties.
§ 4806. Grant programs.
(a) Authorization.--The department may establish programs to
award grants for the purposes described in this chapter.
(b) Grant program standards and requirements.--The following
shall apply:
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(1) The department shall establish grant program
standards and requirements for a grant program under this
chapter and shall transmit notice of the grant program
standards and requirements to the Legislative Reference
Bureau for publication in the Pennsylvania Bulletin.
(2) Grant program standards and requirements shall do
the following:
(i) Establish eligibility standards for applicants.
(ii) Describe the objectives of the grant program,
which objectives shall be consistent with this chapter.
(iii) Establish caps, limits and restrictions with
respect to grant amounts.
(iv) Establish an application process and timetable.
(v) Present the criteria under which grant
applications shall be evaluated by the department.
(vi) Establish a timetable within which the
department shall award or disapprove a complete grant
application.
(vii) Establish procedures by which the department
shall verify expenditures of grant money by a grant
recipient.
§ 4807. Limitation on grants.
(a) Available funding.--Grants shall be awarded to the
extent money is made available by the General Assembly.
(b) Matching.--Grant amounts shall be limited to 75% of
project costs. In-kind support shall not be counted toward an
applicant's matching contribution.
(c) Conditions.--The secretary may approve a grant in less
than the requested amount. The secretary may also impose
restrictions or special conditions upon the issuance of the
grant.
§ 4808. Disposition of grants.
(a) Written agreement.--The department may require a written
agreement describing the terms and conditions of the grant.
(b) Return of grant money.--The department may establish
criteria under which the secretary may demand the return of all
or a portion of the grant money.
§ 4809. Regulations.
The department may promulgate rules and regulations to
administer and enforce this chapter.
§ 4810. Agricultural Business Development Center Fund.
(a) Establishment.--The Agricultural Business Development
Center Fund is established in the State Treasury as a special
fund which shall be an interest-bearing restricted revenue
account. Money collected by the department under this chapter or
appropriated, given, granted or donated for the purpose
established under this chapter by the Commonwealth or any other
government or private agency or person shall be deposited into
the fund.
(b) Appropriation.--Money in the fund is appropriated on a
continuing basis to the department for the purpose of
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administering this chapter. All interest and earnings received
from investments or deposits of the money in the fund shall be
paid into the account for the purpose authorized by this
section. Unexpended money and interest or earnings on the money
in the fund may not be transferred or revert to the General Fund
but shall remain in the account to be used by the department for
the purpose specified under this section.
Section 2. Title 3 is amended by adding a part to read:
Amend Bill, page 1, line 13, by striking out "(Reserved)" and
inserting
Agriculture and Youth Development
Amend Bill, page 1, by inserting between lines 14 and 15
107. Urban Agricultural Infrastructure Grant Program
Amend Bill, page 1, line 18, by striking out all of said line
and inserting
AGRICULTURE AND YOUTH DEVELOPMENT
Sec.
10301. Definitions.
10302. Board membership.
10303. Agriculture and Youth Organization Grant Program.
10304. Applications.
10305. Grants.
10306. Regulations.
10307. Funding .
§ 10301. 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:
"Agriculture and youth organization." An organization
composed mainly of youth and organized to promote development in
the areas of agriculture, community leadership, vocational
training and peer fellowship. The term includes, but is not
limited to, Pennsylvania FFA, 4-H, Ag in the Classroom, the
Family, Career and Community Leaders of America and vocational
education programs.
"Board." The State Agriculture and Youth Development Board.
"Program." The Agriculture and Youth Organization Grant
Program.
§ 10302. Board membership.
The board shall consist of the following members, with a
majority of members constituting a quorum:
(1) The secretary or a designee, who shall serve as
chairperson.
(2) The Secretary of Education or a designee.
(3) The chairperson and minority chairperson of the
Agriculture and Rural Affairs Committee of the Senate or a
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designee and the chairperson and minority chairperson of the
Agriculture and Rural Affairs Committee of the House of
Representatives or a designee.
(4) One representative from the Pennsylvania Association
of Agriculture Educators and one from the Penn State
Cooperative Extension, both of whom shall be appointed by the
Governor.
(5) The Statewide president of the Pennsylvania FFA.
(6) The 4-H Statewide Council President.
(7) Up to three representatives, each from a different
Pennsylvania farm or rural organization having a youth
program, whom shall be appointed by the secretary.
(8) A representative of an urban agriculture community
program.
(9) A youth representative of an urban garden operation
or another urban agriculture operation.
§ 10303. Agriculture and Youth Organization Grant Program.
(a) Program.--The department, in consultation with the
board, shall establish a program of grants for agriculture and
youth organizations qualifying to receive grants under this
chapter, to be known as the Agriculture and Youth Organization
Grant Program.
(b) Purpose.--Grants awarded under this chapter may be used
for any of the following purposes:
(1) To cover the costs of special projects conducted by
the organization and approved by the board.
(2) For educational or work force development programs
conducted by the organization and approved by the board.
(3) For educational or work force development seminars
and field trips conducted by the organization and approved by
the board.
(4) For agricultural safety training programs conducted
by the organization and approved by the board.
(5) For certain capital projects and equipment purchases
approved by the board.
§ 10304. Applications.
(a) Application procedure.--An agriculture and youth
organization may make application at the time, in the manner and
containing information as the department may require. The
department shall determine, from the information provided,
whether the application is eligible for consideration by the
board.
(b) Annual meeting.--The board shall meet annually to
recommend to the department the awarding of grants to qualifying
organizations.
(c) Other meetings.--The board shall meet at the call of the
chairperson to conduct business related to the award of grants.
§ 10305. Grants.
(a) General rule.--The department shall make grants in an
amount not to exceed $7,500 to qualifying agriculture and youth
organizations upon the recommendation of the board.
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(b) Matching funds.--Grants in an amount not to exceed
$25,000 shall be awarded to qualifying agriculture and youth
organizations selected to receive the awards for the purposes of
capital projects. Grants for capital projects must be matched by
private money in an amount equal to the State grant.
(c) Annual allocation.--The board shall establish annual
allocation limits for each fiscal year.
§ 10306. Regulations.
The department shall administer the provisions of this
chapter and, with the approval of the board, shall prescribe and
adopt program policy guidelines or regulations to administer and
enforce this chapter. Until or unless supplanted by program
policy guidelines or regulations adopted under this section, the
program guidelines promulgated under the act of August 6, 1991
(P.L.326, No.33), known as the Agriculture and Rural Youth
Development Act, shall be the policy guidelines for the program.
§ 10307. Funding .
For purposes of implementing the provisions of this chapter,
the department may use:
(1) Any money appropriated by the General Assembly to
the department to carry out the provisions of this chapter.
(2) Any other money, contributions or payments which may
be made available to the department by the Federal Government
or by any public or private source.
Amend Bill, page 8, by inserting between lines 20 and 21
CHAPTER 107
URBAN AGRICULTURAL INFRASTRUCTURE GRANT PROGRAM
Sec.
10701. Legislative intent.
10702. Definitions.
10703. Grant program.
10704. Distribution of grant money.
10705. Funding.
§ 10701. Legislative intent.
It is the intent of the General Assembly to establish a
reimbursement grant program under which persons who implement
projects that improve agriculture infrastructure in urban areas
and that focus on aggregation of agricultural products, sharing
of resources and support for community development resources may
be reimbursed some portion of the costs of the projects.
§ 10702. 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:
"Eligible project." A project that the department determines
does all of the following:
(1) Improves agricultural infrastructure in an urban
area.
(2) Improves or facilitates the aggregation of
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agricultural products in an urban area.
(3) Entails the sharing of resources among urban
agricultural operations, agricultural producers or community
organizations.
(4) Supports community development in the project area.
"Person." An individual, partnership, association, firm,
corporation or any other legal entity.
"Program." The Urban Agricultural Infrastructure Grant
Program established under this chapter.
§ 10703. Grant program.
(a) Availability.--Grants under this chapter shall only be
offered in a fiscal year in which and to the extent funding is
made available to the department. The following apply:
(1) If funding is exhausted or otherwise unavailable,
the department shall be under no obligation to provide grants
under this chapter.
(2) Grant money may be prorated or offered as a
percentage of actual costs, as determined by the department
and set forth in an order by the secretary, to spread
available money to a larger number of eligible projects. The
secretary shall transmit notice of an order to the
Legislative Reference Bureau for publication in the
Pennsylvania Bulletin.
(b) Reimbursement grants.--Grants under this chapter shall
be reimbursement grants. The following shall apply:
(1) The amount of reimbursement shall be based on actual
eligible costs submitted by an approved applicant for an
approved project during any fiscal year in which grants are
offered.
(2) Grant reimbursement money shall be limited to 50% or
less of the costs of an eligible project.
(3) Grant reimbursement money shall not be used to
reimburse any portion of an in-kind contribution to an
eligible project.
(4) Grant money may not be used to pay or reimburse
wages or salaries of grant recipient staff.
(5) Grant money may not be used to reimburse any portion
of the project costs which are being paid or reimbursed under
another Federal or State grant program.
(6) A single applicant may not be awarded more than
$100,000 in grants in any five-year period, calculated from
the date the department awards the grant.
(c) Eligibility.--A person may apply to the department, in
accordance with the program standards and requirements under
subsection (d), for a determination by the department that a
project is an eligible project that may receive a reimbursement
grant under this chapter.
(d) Program standards and requirements.--The department
shall, consistent with this chapter and any appropriation of
money for grants under this chapter, establish the terms and
conditions for the application process for program reimbursement
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grants, including the maximum reimbursement grant amount an
applicant may receive in any single fiscal year. The department
shall transmit notice of the requirements to the Legislative
Reference Bureau for publication in the Pennsylvania Bulletin.
(e) Application procedure.--An applicant who desires to
receive a program reimbursement grant shall submit a grant
application on a form provided by the department and in
accordance with program standards and requirements. The
application shall contain the following information and other
information as required by the department:
(1) The applicant's name, business address and contact
information.
(2) The details of the project for which reimbursement
grant money is sought, including the following:
(i) A project budget.
(ii) A statement of the maximum amount of grant
money sought for the project, not to exceed 50% of
project costs.
(iii) A project construction and implementation
schedule.
(iv) A narrative identifying each entity that will
assist in, participate in and benefit from the project.
(v) A description of how the project would improve
agricultural infrastructure in an urban area.
(vi) A description of how the project improves or
facilitates the aggregation of agricultural products in
an urban area.
(vii) A description of how the project entails the
sharing of resources among urban agricultural operations
agricultural producers or community organizations.
(viii) A description of how the project supports
community development in the project area.
(ix) An attestation signed by the applicant,
verifying the accuracy of the information presented on
the application.
(x) Other information as the department may
reasonably require.
(f) Grant awards.--The department shall award grants to
applicants in accordance with this chapter and the applicable
program standards and requirements.
§ 10704. Distribution of grant money.
The department shall issue program reimbursement grant money
to pay some portion of the costs of an eligible project based
upon the applicant's submission of a verified statement that the
eligible project has been completed or implemented, including a
statement of the project completion date, photos of the
completed or implemented project with a narrative explanation of
each photo, bills and invoices for which reimbursement grant
money is sought and other information as the department may
reasonably require.
§ 10705. Funding.
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The department shall use money as appropriated by the General
Assembly for grants under this chapter, and may also use any
other money that is made available to the department for grants
under this chapter, by Federal appropriation, State
appropriation, donation or from any other source.
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 3
Pa.C.S. Ch. 103.
(2) The act of August 6, 1991 (P.L.326, No.33), known as
the Agriculture and Rural Youth Development Act, is repealed.
Amend Bill, page 8, line 21, by striking out "2" and
inserting
4
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