HOUSE AMENDED
        PRIOR PRINTER'S NOS. 1412, 1678               PRINTER'S NO. 1736

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.          <--














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