HOUSE AMENDED PRIOR PRINTER'S NOS. 1412, 1678 PRINTER'S NO. 1736
No. 1193 Session of 1993
INTRODUCED BY STAPLETON, JUNE 3, 1993
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, NOVEMBER 23, 1993
AN ACT 1 Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An 2 act authorizing the creation of agricultural areas," 3 prohibiting reallocation of State moneys. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 14.1(h) 14.1(H)(7) AND (8) of the act of <-- 7 June 30, 1981 (P.L.128, No.43), known as the Agricultural Area 8 Security Law, is amended ARE AMENDED AND THE SUBSECTION IS <-- 9 AMENDED by adding a paragraph to read: 10 Section 14.1. Purchase of agricultural conservation easements. 11 * * * 12 (h) Allocation of State moneys.--The State board shall make 13 an annual allocation among counties, except counties of the 14 first class, for the purchase of agricultural conservation 15 easements. 16 * * * <-- 17 (7) THE FIRST ANNUAL ALLOCATION TO A COUNTY UNDER
1 PARAGRAPHS (3), (4) AND (5)(I) SHALL CONTINUE FOR THREE 2 COUNTY FISCAL YEARS OCCURRING AFTER THE EFFECTIVE DATE OF 3 THIS ACT, AND THE SECOND AND THIRD SUCH ANNUAL ALLOCATIONS 4 SHALL EACH CONTINUE FOR TWO COUNTY FISCAL YEARS OCCURRING 5 AFTER THE EFFECTIVE DATE OF THIS ACT. THEREAFTER EACH SUCH 6 ANNUAL ALLOCATION SHALL BE FOR ONE COUNTY FISCAL YEAR. SUCH 7 ANNUAL ALLOCATIONS WHICH HAVE NOT BEEN EXPENDED OR ENCUMBERED 8 AT THE END OF THE PERIOD FOR WHICH THEY WERE ALLOCATED SHALL 9 BE REALLOCATED IN THE SUBSEQUENT COUNTY FISCAL YEAR TO A 10 COUNTY WHICH USED AT LEAST 90% OF THE ALLOCATION MADE TO THE 11 COUNTY AT THE START OF THE PERIOD. AN ANNUAL ALLOCATION SHALL 12 BE CONSIDERED TO BE ENCUMBERED AND SHALL NOT BE REALLOCATED 13 IF, BY DECEMBER 31 OF THE YEAR IN WHICH THAT ANNUAL 14 ALLOCATION WAS MADE TO THE COUNTY, THE DEPARTMENT HAS 15 RECEIVED AN AGREEMENT EXECUTED BY THE LANDOWNER AND THE 16 COUNTY TO PURCHASE A SPECIFIC AGRICULTURAL CONSERVATION 17 EASEMENT AS PART OF THE COUNTY BOARD'S RECOMMENDATION FOR 18 PURCHASE. THE REALLOCATION TO A COUNTY UNDER THIS PARAGRAPH 19 SHALL BE THE TOTAL AMOUNT OF THE ANNUAL ALLOCATION AVAILABLE 20 FOR REALLOCATION UNDER THIS PARAGRAPH MULTIPLIED BY A 21 PERCENTAGE EQUAL TO THE ANNUAL APPROPRIATION OF LOCAL MONEYS 22 APPROPRIATED BY THE COUNTY FOR THE PURCHASE OF AGRICULTURAL 23 CONSERVATION EASEMENTS AT THE START OF THE COUNTY FISCAL YEAR 24 IN WHICH THE ANNUAL ALLOCATION WAS MADE DIVIDED BY THE 25 AGGREGATE OF LOCAL MONEYS APPROPRIATED BY ALL ELIGIBLE 26 COUNTIES FOR THE PURCHASE OF AGRICULTURAL CONSERVATION 27 EASEMENTS AT THE START OF THE COUNTY FISCAL YEAR IN WHICH THE 28 ANNUAL ALLOCATION WAS MADE. MONEY REALLOCATED TO A COUNTY 29 UNDER THIS PARAGRAPH SHALL BE AVAILABLE FOR ONE COUNTY FISCAL 30 YEAR. MONEY REALLOCATED TO A COUNTY UNDER THIS PARAGRAPH THAT 19930S1193B1736 - 2 -
1 HAS NOT BEEN SPENT OR ENCUMBERED AT THE CONCLUSION OF ONE 2 COUNTY FISCAL YEAR SHALL BE RESTORED TO THE FUND. SUCH MONEY 3 SHALL BE CONSIDERED TO BE ENCUMBERED AND SHALL NOT BE 4 RESTORED TO THE FUND IF, BY DECEMBER 31 OF THE YEAR IN WHICH 5 A REALLOCATION WAS MADE TO THE COUNTY, THE DEPARTMENT HAS 6 RECEIVED AN AGREEMENT EXECUTED BY THE LANDOWNER AND THE 7 COUNTY TO PURCHASE A SPECIFIC AGRICULTURAL CONSERVATION 8 EASEMENT AS PART OF THE COUNTY BOARD'S RECOMMENDATION FOR 9 PURCHASE. 10 (8) INITIAL ALLOCATIONS TO COUNTIES UNDER PARAGRAPHS (2) 11 AND (5)(II) SHALL CONTINUE UNTIL THE END OF THE FOURTH COUNTY 12 FISCAL YEAR OCCURRING AFTER THE EFFECTIVE DATE OF THIS ACT. 13 THE SUM OF THE TOTAL ANNUAL ALLOCATIONS OF ALL COUNTIES UNDER 14 PARAGRAPHS (2) AND (5)(II) WHICH HAVE NOT BEEN EXPENDED OR 15 ENCUMBERED BY THE END OF THE FOURTH COUNTY FISCAL YEAR, AND 16 EVERY COUNTY FISCAL YEAR THEREAFTER, OCCURRING AFTER THE 17 EFFECTIVE DATE OF THIS ACT SHALL BE REALLOCATED IN THE 18 SUBSEQUENT COUNTY FISCAL YEAR TO A COUNTY WHICH USED AT LEAST 19 90% OF THE ALLOCATION MADE TO THE COUNTY AT THE START OF THE 20 PERIOD. AN ANNUAL ALLOCATION SHALL BE CONSIDERED TO BE 21 ENCUMBERED AND SHALL NOT BE REALLOCATED IF, BY DECEMBER 31 OF 22 THE YEAR IN WHICH THAT ANNUAL ALLOCATION WAS MADE TO THE 23 COUNTY, THE DEPARTMENT HAS RECEIVED AN AGREEMENT EXECUTED BY 24 THE LANDOWNER AND THE COUNTY TO PURCHASE A SPECIFIC 25 AGRICULTURAL CONSERVATION EASEMENT AS PART OF THE COUNTY 26 BOARD'S RECOMMENDATION FOR PURCHASE. FOR PURPOSES OF 27 DETERMINING ELIGIBILITY FOR REALLOCATION OF FUNDS AND THE 28 AMOUNTS OF REALLOCATION, FUNDS ALLOCATED TO COUNTIES WILL BE 29 SEGREGATED AND ACCOUNTED FOR ON A COUNTY FISCAL YEAR BASIS. 30 FIFTY PERCENT OF THE AMOUNT AVAILABLE FOR ALLOCATION UNDER 19930S1193B1736 - 3 -
1 THIS PARAGRAPH SHALL BE REALLOCATED IN THE MANNER SET FORTH 2 IN PARAGRAPH (2), AND 50% OF THE AMOUNT AVAILABLE FOR 3 ALLOCATION UNDER THIS PARAGRAPH SHALL BE REALLOCATED IN THE 4 MANNER SET FORTH IN PARAGRAPHS (3), (4) AND (5). FOR PURPOSES 5 OF REALLOCATING FUNDS IN THE MANNER SET FORTH IN PARAGRAPH 6 (2), REALTY TRANSFER TAX REVENUES USED TO CALCULATE WEIGHTED 7 TRANSFER TAX REVENUES SHALL CORRESPOND TO THE YEAR FOR WHICH 8 FUNDS ARE BEING REALLOCATED AND WEIGHTED TRANSFER TAX 9 REVENUES SHALL BE CALCULATED ONLY FOR COUNTIES ELIGIBLE UNDER 10 THIS PARAGRAPH. MONEY REALLOCATED TO A COUNTY UNDER THIS 11 PARAGRAPH SHALL BE AVAILABLE FOR ONE COUNTY FISCAL YEAR. 12 MONEY REALLOCATED TO A COUNTY UNDER THIS PARAGRAPH THAT HAS 13 NOT BEEN SPENT OR ENCUMBERED AT THE CONCLUSION OF ONE COUNTY 14 FISCAL YEAR SHALL BE RESTORED TO THE FUND. SUCH MONEY SHALL 15 BE CONSIDERED TO BE ENCUMBERED AND SHALL NOT BE RESTORED TO 16 THE FUND IF, BY DECEMBER 31 OF THE YEAR IN WHICH A 17 REALLOCATION WAS MADE TO THE COUNTY, THE DEPARTMENT HAS 18 RECEIVED AN AGREEMENT EXECUTED BY THE LANDOWNER AND THE 19 COUNTY TO PURCHASE A SPECIFIC AGRICULTURAL CONSERVATION 20 EASEMENT AS PART OF THE COUNTY BOARD'S RECOMMENDATION FOR 21 PURCHASE. 22 * * * 23 (10) (i) Notwithstanding any other provision of this 24 subsection or any provision of regulations promulgated 25 pursuant to this act, the department shall not reallocate 26 funds which were allocated prior to January 1, 1994, if, 27 by December 31, 1993, the department has received an 28 agreement signed by the landowner and the county board to 29 purchase a specific agricultural conservation easement as 30 part of the county board's recommendation for purchase. 19930S1193B1736 - 4 -
1 (ii) Nothing in this paragraph shall affect any 2 reallocation made prior to the effective date of this 3 paragraph. 4 SECTION 2. THE PROVISIONS OF 7 PA. CODE CH. 138E (RELATING <-- 5 TO AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM), ARE 6 ABROGATED INSOFAR AS THEY ARE INCONSISTENT WITH THIS ACT. 7 Section 2 3. This act shall be retroactive to December 31, <-- 8 1993, if enacted after that date. 9 Section 3 4. This act shall take effect immediately. <-- E28L03JLW/19930S1193B1736 - 5 -