PRIOR PRINTER'S NO. 1954 PRINTER'S NO. 3861
No. 1595 Session of 1997
INTRODUCED BY HANNA, KREBS, BELARDI, HENNESSEY, SATHER, DALEY,
HALUSKA, HERMAN, TIGUE, BELFANTI, TRELLO, HERSHEY, PISTELLA,
RAMOS, STEELMAN, YOUNGBLOOD, STABACK, ROSS, BOSCOLA AND
CAPPABIANCA, JUNE 4, 1997
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 28, 1998
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," enabling
3 local government units to participate in purchasing
4 agricultural conservation easements.
5 AMENDING THE ACT OF JUNE 30, 1981 (P.L.128, NO.43), ENTITLED "AN <--
6 ACT AUTHORIZING THE CREATION OF AGRICULTURAL AREAS," FURTHER
7 PROVIDING FOR THE DEFINITION OF "LOCAL GOVERNMENT UNIT" AND
8 FOR THE STATE AGRICULTURAL LAND PRESERVATION BOARD; PROVIDING
9 FOR LOCAL GOVERNMENT UNIT PARTICIPATION; AND MAKING EDITORIAL
10 CHANGES.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 14.1 (b), (c), (f), (g) and (j) of the <--
14 act of June 30, 1981 (P.L.128, No.43), known as the Agricultural
15 Area Security Law, amended November 23, 1994 (P.L.621, No.96)
16 and November 23, 1994 (P.L.648, No.100), are amended to read:
17 Section 14.1. Purchase of agricultural conservation easements.
18 * * *
19 (b) [County] Municipal programs.--After the establishment of
20 an agricultural security area by the governing body, the
1 [county] governing body may authorize a program [to be
2 administered by the county board] for purchasing agricultural
3 conservation easements from landowners whose land is within an
4 agricultural security area situate within the local government
5 unit.
6 [(1) The county board shall be composed of five, seven
7 or nine members appointed by the county governing body. The
8 chairman of the county governing body shall designate
9 annually one member of the county board to serve as chairman
10 of the county board. County board members shall be appointed
11 from among the following groups: the number of farmers shall
12 constitute one less than a majority of the board; one member
13 shall be a current member of the governing body of a township
14 or borough located within the county; one member shall be a
15 commercial, industrial or residential building contractor;
16 and the other members shall be selected at the pleasure of
17 the county governing body. The county board membership of the
18 member of the governing body of a township or borough located
19 within the county shall be deemed vacant upon vacancy in, or
20 the expiration of the term of, the township or borough office
21 to which the member was elected. The term of the initial
22 farmer appointees shall be three years, the initial term of
23 the current member of the governing body of a township or
24 borough shall be two years and the initial term of all other
25 members shall be one year. Thereafter, the term of all
26 members shall be three years.
27 (2)] (1) It shall be the duty and responsibility of the
28 [county board] governing body to exercise the following
29 powers:
30 (i) To adopt rules and regulations for the
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1 administration of a [countywide] program for the purchase
2 of agricultural conservation easements within
3 agricultural security areas situate within the local
4 government unit in accordance with the provisions of this
5 act, including, but not limited to, rules and regulations
6 governing the submission of applications by landowners,
7 establishing standards and procedures for the appraisal
8 of property eligible for purchase as an agricultural
9 conservation easement and establishing standards and
10 procedures for the selection or purchase of agricultural
11 conservation easements.
12 [(ii) To adopt rules of procedure and bylaws
13 governing the operation of the county board and the
14 conduct of its meetings.
15 (iii)] (ii) To execute agreements to purchase
16 agricultural conservation easements in the name of the
17 [county] local government unit.
18 [(iv)] (iii) To purchase in the name of the [county]
19 local government unit agricultural conservation easements
20 within agricultural security areas.
21 [(v)] (iv) To use moneys appropriated by the
22 [county] governing body from the [county] general fund of
23 the local government unit to hire staff and administer
24 the [countywide] program, if deemed necessary.
25 [(vi)] (v) To use moneys appropriated by the
26 [county] local government unit governing body from the
27 [county] general fund or the proceeds of indebtedness
28 incurred by the [county and approved by the county
29 governing body] local government unit for the purchase of
30 agricultural conservation easements within agricultural
19970H1595B3861 - 3 -
1 security areas.
2 [(vii)] (vi) To establish and maintain a repository
3 of records of farm lands which are subject to
4 agricultural conservation easements purchased by the
5 [county] local government unit and which are located
6 within the [county] local government unit.
7 [(viii)] (vii) To record agricultural conservation
8 easements purchased by the county in the office of the
9 recorder of deeds of the county wherein the agricultural
10 conservation easements are located and to submit to the
11 State board and county board a certified copy of
12 agricultural conservation easements within 30 days after
13 recording. The [county board] governing body shall attach
14 to all certified copies of the agricultural conservation
15 easements submitted to the State board and county board a
16 description of the farm land subject to the agricultural
17 conservation easements.
18 [(ix) To submit to the State board for review the
19 initial county program and any proposed revisions to
20 approved county programs for purchasing agricultural
21 conservation easements.
22 (x) To recommend to the State board for purchase by
23 the Commonwealth agricultural conservation easements
24 within agricultural security areas located within the
25 county.
26 (xi) To recommend to the State board the purchase of
27 agricultural conservation easements by the Commonwealth
28 and the county jointly.
29 (xii)] (viii) To purchase agricultural conservation
30 easements jointly with the [Commonwealth] county.
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1 [(xiii)] (ix) To exercise other powers which are
2 necessary and appropriate for the exercise and
3 performance of its duties, powers and responsibilities
4 under this act.
5 [(xiv) To submit to the State board applications for
6 agricultural conservation easements in accordance with
7 the guidebook authorized under subsection (a)(3)(xv).
8 (3)] (2) The [county] governing body may incur debt
9 pursuant to the act of July 12, 1972 (P.L.781, No.185), known
10 as the "Local Government Unit Debt Act," for the purchase of
11 agricultural conservation easements.
12 [(4) County programs for the purchase of agricultural
13 conservation easements originally approved by the State board
14 on or before December 31, 1994, shall be reviewed by the
15 State board and approved or disapproved for recertification
16 by December 31, 1996, and every seventh year thereafter.
17 County programs for the purchase of agricultural conservation
18 easements originally approved by the State board after
19 December 31, 1994, shall be reviewed by the State board and
20 approved or disapproved for recertification by December 31 of
21 the seventh year after the date of original approval and
22 every seventh year thereafter. On or before December 31,
23 1995, and the end of such other seven-year periods
24 thereafter, the county board shall submit to the State board
25 any proposed revisions to the county program for the purchase
26 of agricultural conservation easements. County programs
27 subject to State board review and recertification under this
28 paragraph shall be approved or disapproved in accordance with
29 the requirements of subsection (d), provided that the State
30 board shall give priority to determining that county programs
19970H1595B3861 - 5 -
1 are in compliance with applicable provisions of law,
2 regulations and guidelines. After December 31, 1996, and the
3 end of such other seven-year periods, the State board shall
4 not approve a county board's recommendation to purchase until
5 the county program has been approved for recertification,
6 provided that the State board may postpone the deadline for
7 recertification of any county's program by up to 12 months
8 and, during such period of postponement, may approve a county
9 board's recommendation to purchase.
10 (5)] (3) The governing body [of the county] may
11 authorize the establishment of a program for the purchase of
12 agricultural conservation easements on an installment or
13 other deferred basis. The obligation of the [county] local
14 government unit to make payment on an installment or other
15 deferred basis shall not be subject to the requirements of
16 section 602(b) or (c) of the "Local Government Unit Debt
17 Act."
18 (c) Restrictions and limitations.--An agricultural
19 conservation easement shall be subject to the following terms,
20 conditions, restrictions and limitations:
21 (1) The term of an agricultural conservation easement
22 shall be perpetual.
23 (2) Unless otherwise authorized in accordance with
24 subsection (i), an agricultural conservation easement shall
25 not be sold, conveyed, extinguished, leased, encumbered or
26 restricted in whole or in part for a period of 25 years
27 beginning on the date of purchase of the easement.
28 (3) Unless otherwise authorized in accordance with
29 subsection (i), if the land subject to the agricultural
30 conservation easement is no longer viable agricultural land,
19970H1595B3861 - 6 -
1 the Commonwealth, subject to the approval of the State board,
2 and the county, subject to the approval of the county board
3 or the governing body of a local government unit, may sell,
4 convey, extinguish, lease, encumber or restrict an
5 agricultural conservation easement to the current owner of
6 record of the farmland subject to the easement after the
7 expiration of 25 years from the date of purchase of the
8 easement for a purchase price equal to the value at the time
9 of resale determined pursuant to subsection (f) at the time
10 of conveyance. A conveyance by the Commonwealth pursuant to
11 this subsection shall not be subject to the requirements of
12 Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175),
13 known as "The Administrative Code of 1929." The purchase
14 price shall be payable to the Commonwealth and the county as
15 their respective legal interests in the agricultural
16 conservation easement appear, and a separate payment shall be
17 made to the Commonwealth and the county accordingly at the
18 time of settlement. Any payment received by the Commonwealth
19 pursuant to this provision shall be paid into the fund.
20 (4) Instruments and documents for the purchase, sale and
21 conveyance of agricultural conservation easements shall be
22 approved by the State board [or], the county board or the
23 governing body, as the case may be, prior to execution and
24 delivery. Proper releases from mortgage holders and
25 lienholders must be obtained and executed to insure that all
26 agricultural conservation easements are purchased free and
27 clear of all encumbrances.
28 (5) Whenever any public entity, authority or political
29 subdivision exercises the power of eminent domain and
30 condemns land subject to an agricultural conservation
19970H1595B3861 - 7 -
1 easement, the condemnor shall provide just compensation to
2 the owner of the land in fee and to the owner of the easement
3 as follows:
4 (i) The owner of the land in fee shall be paid the
5 full value which would have been payable to the owner but
6 for the existence of an agricultural conservation
7 easement less the value of the agricultural conservation
8 easement at the time of condemnation.
9 (ii) The owner of the easement shall be paid the
10 value of the easement at the time of condemnation.
11 (6) An agricultural conservation easement shall not
12 prevent:
13 (i) The granting of leases, assignments or other
14 conveyances or the issuing of permits, licenses or other
15 authorization for the exploration, development, storage
16 or removal of coal by underground mining methods, oil and
17 gas by the owner of the subject land or the owner of the
18 underlying coal by underground mining methods, oil and
19 gas or the owner of the rights to develop the underlying
20 coal by underground mining methods, oil and gas, or the
21 development of appurtenant facilities related to the
22 removal of coal by underground mining methods, oil or gas
23 development or activities incident to the removal or
24 development of such minerals.
25 (ii) The granting of rights-of-way by the owner of
26 the subject land in and through the land for the
27 installation of, transportation of, or use of water,
28 sewage, electric, telephone, coal by underground mining
29 methods, gas, oil or oil products lines.
30 (iii) Construction and use of structures on the
19970H1595B3861 - 8 -
1 subject land necessary for agricultural production.
2 (iv) Construction and use of structures on the
3 subject land for the landowner's principal residence or
4 for the purpose of providing necessary housing for
5 seasonal or full-time employees: Provided, That only one
6 such structure may be constructed on no more than two
7 acres of the subject land during the term of the
8 agricultural conservation easement.
9 (v) Customary part-time or off-season minor or rural
10 enterprises and activities which are provided for in the
11 county Agricultural Conservation Easement Purchase
12 Program approved by the State board under subsection (d).
13 (7) Land subject to an agricultural conservation
14 easement shall not be subdivided for any purpose which may
15 harm the economic viability of the farmland for agricultural
16 production. Land may be subdivided prior to the granting of
17 an agricultural conservation easement, provided that
18 subdividing will not harm the economic viability for
19 agricultural production of the land subject to the easement.
20 (8) Nothing in this act shall prohibit a member of the
21 State board or county board or governing body or his or her
22 family from selling a conservation easement under this
23 program, provided that all decisions made regarding easement
24 purchases be subject to the provisions of section 3(j) of the
25 act of October 4, 1978 (P.L.883, No.170), referred to as the
26 Public Official and Employee Ethics Law.
27 * * *
28 (f) Valuation.--The State board or the county board or the
29 governing body where a purchase is to be made by a local
30 government unit, as the case may be, shall select and retain an
19970H1595B3861 - 9 -
1 independent State-certified general real estate appraiser to
2 determine market value and farmland value. If the seller
3 disagrees with the appraisal made by the State or county board's
4 or local government unit's appraiser, the seller shall have the
5 right to select and retain a separate independent State-
6 certified general real estate appraiser within 30 days of
7 receipt of the appraisal of the State or county board's or local
8 government unit's appraiser to determine market value and
9 farmland value. The State board or the county board or the local
10 government unit shall establish the agricultural value and the
11 nonagricultural value of the property subject to the
12 agricultural conservation easement. The State board may provide
13 for a periodic review by a State-certified general real estate
14 appraiser of appraisals submitted by counties in order to assure
15 that the appraisals were performed in accordance with the
16 standards of appraisal practice.
17 (1) The agricultural value shall equal the sum of:
18 (i) the farmland value determined by the seller's
19 appraiser; and
20 (ii) one-half of the difference between the farmland
21 value determined by the State or county board's or local
22 government unit's appraiser and the farmland value
23 determined by the seller's appraiser if the farmland
24 value determined by the State or county board's or local
25 government unit's appraiser exceeds the farmland value
26 determined by the seller's appraiser.
27 (2) The nonagricultural value shall equal the sum of:
28 (i) the market value determined by the State or
29 county board's or local government unit's appraiser; and
30 (ii) one-half of the difference between the market
19970H1595B3861 - 10 -
1 value determined by the seller's appraiser and the market
2 value determined by the State or county board's
3 appraiser, if the market value determined by the seller's
4 appraiser exceeds the market value determined by the
5 State or county board's or local government unit's
6 appraiser.
7 (3) The entire acreage of the farmland shall be included
8 in the determination of the value of an agricultural
9 conservation easement, less the value of any acreage which
10 was subdivided prior to the granting of such easement. The
11 appraiser shall take into account the potential increase in
12 the value of the subdivided acreage because of the placement
13 of the easement on the remaining farmland.
14 (g) Purchase price.--The price paid for purchase of an
15 agricultural conservation easement in perpetuity shall not
16 exceed the difference between the nonagricultural value and the
17 agricultural value determined pursuant to subsection (f) at the
18 time of purchase, unless the difference is less than the State
19 or county [boards'] board's or local government unit's original
20 appraised value in which case the State or county [boards']
21 board's or local government unit's original easement value may
22 be offered. The price paid for purchase of an easement for a
23 term of 25 years shall not exceed one-tenth of the difference
24 between the nonagricultural value and the agricultural value
25 determined pursuant to subsection (f) at the time of purchase.
26 The purchase price may be paid in a lump sum, in installments
27 over a period of years, or in any other lawful manner of
28 payment. If payment is to be made in installments or another
29 deferred method, the person selling the easement may receive, in
30 addition to the selling price, interest in an amount or at a
19970H1595B3861 - 11 -
1 rate set forth in the agreement of purchase, and final payment
2 of all State money shall be made within, and no later than, five
3 years from the date the agricultural conservation easement
4 purchase agreement was fully executed. The county may provide
5 for payments on an installment or other deferred basis and for
6 interest payments by investing its allocation of State money for
7 purchases approved by the State board under subsection (h)(11)
8 in securities deposited into an irrevocable escrow account or in
9 another manner provided by law.
10 * * *
11 (j) Change of ownership.--
12 (1) Whenever interest in land subject to an agricultural
13 conservation easement is conveyed or transferred to another
14 person, the deed conveying or transferring such land shall
15 recite in verbatim the language of the easement as set forth
16 in the deed executed in connection with the purchase of the
17 agricultural conservation easement.
18 (2) The person conveying or transferring land subject to
19 an agricultural conservation easement shall within 30 days of
20 change in ownership notify the county board or the governing
21 body and the department of the name and address of the person
22 to whom the subject land was conveyed or transferred and the
23 price per acre or portion thereof received by the landowner
24 from such person.
25 (3) Notwithstanding any other provisions of law to the
26 contrary, the restrictions set forth in a deed executed in
27 connection with the purchase of an agricultural conservation
28 easement shall be binding on any person to whom subsequent
29 ownership of the land subject to the easement is conveyed or
30 transferred.
19970H1595B3861 - 12 -
1 * * *
2 Section 2. This act shall take effect in 60 days.
3 SECTION 1. THE DEFINITION OF "LOCAL GOVERNMENT UNIT" IN <--
4 SECTION 3 OF THE ACT OF JUNE 30, 1981 (P.L.128, NO.43), KNOWN AS
5 THE AGRICULTURAL AREA SECURITY LAW, AMENDED DECEMBER 14, 1988
6 (P.L.1202, NO.149), IS AMENDED TO READ:
7 SECTION 3. DEFINITIONS.
8 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
9 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION, UNLESS THE
10 CONTEXT CLEARLY INDICATES OTHERWISE:
11 * * *
12 "LOCAL GOVERNMENT UNIT." ANY CITY, BOROUGH, TOWNSHIP [OR],
13 TOWN[.] OR A MUNICIPALITY OPERATING UNDER A FORM OF GOVERNMENT
14 PROVIDED FOR IN 53 PA.C.S. PT. III SUBPT. E (RELATING TO HOME
15 RULE AND OPTIONAL PLAN GOVERNMENT).
16 * * *
17 SECTION 2. SECTION 14.1(A) OF THE ACT, AMENDED NOVEMBER 23,
18 1994 (P.L.621, NO.96), IS AMENDED AND THE SECTION IS AMENDED BY
19 ADDING A SUBSECTION TO READ:
20 SECTION 14.1. PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS.
21 (A) STATE AGRICULTURAL LAND PRESERVATION BOARD.--THE
22 DEPARTMENT OF AGRICULTURE AND THE STATE AGRICULTURAL LAND
23 PRESERVATION BOARD SHALL ADMINISTER PURSUANT TO THIS SECTION A
24 PROGRAM FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS
25 BY THE COMMONWEALTH.
26 (1) THERE IS ESTABLISHED WITHIN THE DEPARTMENT OF
27 AGRICULTURE AS A DEPARTMENTAL BOARD THE STATE AGRICULTURAL
28 LAND PRESERVATION BOARD. THE STATE BOARD SHALL CONSIST OF 17
29 MEMBERS.
30 (I) THERE SHALL BE EIGHT VOTING EX OFFICIO MEMBERS
19970H1595B3861 - 13 -
1 OF THE STATE BOARD: THE SECRETARY OF AGRICULTURE, WHO
2 SHALL SERVE AS THE BOARD CHAIRMAN; THE [SECRETARY OF
3 COMMUNITY AFFAIRS] SECRETARY OF COMMUNITY AND ECONOMIC
4 DEVELOPMENT, OR HIS DESIGNEE; THE [SECRETARY OF
5 ENVIRONMENTAL RESOURCES] SECRETARY OF ENVIRONMENTAL
6 PROTECTION, OR HIS DESIGNEE; THE CHAIRMAN AND THE
7 MINORITY CHAIRMAN OF THE HOUSE AGRICULTURE AND RURAL
8 AFFAIRS COMMITTEE, OR THEIR DESIGNEES; THE CHAIRMAN AND
9 THE MINORITY CHAIRMAN OF THE SENATE AGRICULTURE AND RURAL
10 AFFAIRS COMMITTEE, OR THEIR DESIGNEES; AND THE DEAN OF
11 THE COLLEGE OF [AGRICULTURE] AGRICULTURAL SCIENCES OF THE
12 PENNSYLVANIA STATE UNIVERSITY, OR HIS DESIGNEE.
13 (II) FIVE MEMBERS SHALL BE APPOINTED BY THE
14 GOVERNOR. ONE MEMBER SHALL BE A CURRENT MEMBER OF THE
15 GOVERNING BODY OF A COUNTY, ONE MEMBER SHALL BE A PERSON
16 WHO IS RECOGNIZED AS HAVING SIGNIFICANT KNOWLEDGE IN
17 AGRICULTURAL FISCAL AND FINANCIAL MATTERS, ONE MEMBER
18 SHALL BE AN ACTIVE RESIDENT FARMER OF THIS COMMONWEALTH,
19 ONE MEMBER SHALL BE A RESIDENTIAL, COMMERCIAL OR
20 INDUSTRIAL BUILDING CONTRACTOR, AND ONE MEMBER SHALL BE A
21 CURRENT MEMBER OF A GOVERNING BODY. INITIALLY, TWO
22 MEMBERS SHALL BE APPOINTED FOR A TERM OF FOUR YEARS, TWO
23 MEMBERS SHALL BE APPOINTED FOR A TERM OF THREE YEARS AND
24 ONE MEMBER SHALL BE APPOINTED FOR A TERM OF TWO YEARS.
25 THEREAFTER, THE TERMS OF ALL MEMBERS APPOINTED HEREIN
26 SHALL BE FOUR YEARS. THE TERM OF A PERSON APPOINTED TO
27 REPLACE ANOTHER MEMBER WHOSE TERM HAS NOT EXPIRED SHALL
28 BE ONLY THE UNEXPIRED PORTION OF THAT TERM. MEMBERS MAY
29 BE REAPPOINTED TO SUCCESSIVE TERMS.
30 (III) ONE MEMBER EACH SHALL BE APPOINTED BY THE
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1 SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE MINORITY
2 LEADER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT PRO
3 TEMPORE OF THE SENATE AND THE MINORITY LEADER OF THE
4 SENATE, WHO SHALL, AT THE TIME OF APPOINTMENT, BE
5 RESIDENT FARM OWNERS AND OPERATORS OF AT LEAST ONE
6 COMMERCIAL FARM IN THIS COMMONWEALTH. THE INITIAL TERM OF
7 THE APPOINTEE OF THE PRESIDENT PRO TEMPORE OF THE SENATE
8 SHALL BE FOUR YEARS, THE INITIAL TERM OF THE APPOINTEE OF
9 THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL BE
10 THREE YEARS, THE INITIAL TERM OF THE APPOINTEE OF THE
11 MINORITY LEADER OF THE SENATE SHALL BE TWO YEARS AND THE
12 INITIAL TERM OF THE APPOINTEE OF THE MINORITY LEADER OF
13 THE HOUSE OF REPRESENTATIVES SHALL BE ONE YEAR.
14 THEREAFTER, THE TERMS OF ALL APPOINTEES SHALL BE FOUR
15 YEARS. AN APPOINTMENT MADE TO FILL AN UNEXPIRED TERM
16 SHALL BE ONLY FOR THE DURATION OF THE UNEXPIRED TERM.
17 MEMBERS MAY BE REAPPOINTED TO SUCCESSIVE TERMS.
18 (2) NINE MEMBERS SHALL CONSTITUTE A QUORUM FOR PURPOSES
19 OF CONDUCTING MEETINGS AND OFFICIAL ACTIONS PURSUANT TO
20 AUTHORITY GIVEN TO THE STATE BOARD UNDER THIS ACT.
21 (3) IT SHALL BE THE DUTY AND RESPONSIBILITY OF THE STATE
22 BOARD TO EXERCISE THE FOLLOWING POWERS:
23 (I) TO ADOPT RULES AND REGULATIONS PURSUANT TO THIS
24 ACT: PROVIDED, THAT THE BOARD SHALL HAVE THE POWER AND
25 AUTHORITY TO PROMULGATE, ADOPT, PUBLISH AND USE
26 GUIDELINES FOR THE IMPLEMENTATION OF THIS ACT UNTIL
27 SEPTEMBER 30, 1990, OR THE EFFECTIVE DATE OF FINAL RULES
28 AND REGULATIONS, WHICHEVER FIRST OCCURS, PENDING ADOPTION
29 OF FINAL RULES AND REGULATIONS. GUIDELINES PROPOSED UNDER
30 THE AUTHORITY OF THIS SECTION SHALL BE SUBJECT TO REVIEW
19970H1595B3861 - 15 -
1 BY THE GENERAL COUNSEL AND THE ATTORNEY GENERAL IN THE
2 MANNER PROVIDED FOR THE REVIEW OF PROPOSED RULES AND
3 REGULATIONS PURSUANT TO THE ACT OF OCTOBER 15, 1980
4 (P.L.950, NO.164), KNOWN AS THE "COMMONWEALTH ATTORNEYS
5 ACT," BUT SHALL NOT BE SUBJECT TO REVIEW PURSUANT TO THE
6 ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE
7 "REGULATORY REVIEW ACT."
8 (II) TO ADOPT RULES OF PROCEDURE AND BYLAWS
9 GOVERNING THE OPERATIONS OF THE STATE BOARD AND THE
10 CONDUCT OF ITS MEETINGS.
11 (III) TO REVIEW, AND ACCEPT OR REJECT, THE
12 RECOMMENDATION MADE BY A COUNTY BOARD FOR THE PURCHASE OF
13 AN AGRICULTURAL CONSERVATION EASEMENT BY THE
14 COMMONWEALTH.
15 (IV) TO EXECUTE AGREEMENTS TO PURCHASE AGRICULTURAL
16 CONSERVATION EASEMENTS IN THE NAME OF THE COMMONWEALTH IF
17 RECOMMENDED BY A COUNTY AND APPROVED BY THE STATE BOARD
18 AS PROVIDED IN SUBPARAGRAPH (III).
19 (V) TO PURCHASE IN THE NAME OF THE COMMONWEALTH
20 AGRICULTURAL CONSERVATION EASEMENTS IF RECOMMENDED BY A
21 COUNTY AND APPROVED BY THE STATE BOARD AS PROVIDED IN
22 SUBPARAGRAPH (III).
23 (VI) TO PURCHASE AGRICULTURAL CONSERVATION EASEMENTS
24 JOINTLY WITH A COUNTY IF RECOMMENDED BY A COUNTY AND
25 APPROVED BY THE STATE BOARD AS PROVIDED IN SUBPARAGRAPH
26 (III).
27 (VII) TO ALLOCATE STATE MONEYS AMONG COUNTIES FOR
28 THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS, IN
29 ACCORDANCE WITH PROVISIONS OF SUBSECTION (G).
30 (VIII) TO ESTABLISH AND MAINTAIN A CENTRAL
19970H1595B3861 - 16 -
1 REPOSITORY OF RECORDS WHICH SHALL CONTAIN RECORDS OF
2 COUNTY PROGRAMS FOR PURCHASING AGRICULTURAL CONSERVATION
3 EASEMENTS, RECORDS OF AGRICULTURAL CONSERVATION EASEMENTS
4 PURCHASED BY LOCAL GOVERNMENT UNITS AND COUNTIES, AND BY
5 LOCAL GOVERNMENT UNITS AND THE COMMONWEALTH, AND RECORDS
6 OF AGRICULTURAL CONSERVATION EASEMENTS PURCHASED BY THE
7 COMMONWEALTH. ALL RECORDS INDICATING THE PURCHASE OF
8 AGRICULTURAL CONSERVATION EASEMENTS SHALL REFER TO AND
9 DESCRIBE THE FARM LAND SUBJECT TO THE AGRICULTURAL
10 CONSERVATION EASEMENT.
11 (IX) TO RECORD AGRICULTURAL CONSERVATION EASEMENTS
12 PURCHASED BY THE COMMONWEALTH OR JOINTLY OWNED, IN THE
13 OFFICE OF THE RECORDER OF DEEDS OF THE COUNTY WHEREIN THE
14 AGRICULTURAL CONSERVATION EASEMENTS ARE LOCATED.
15 (X) TO ESTABLISH AND PUBLISH THE STANDARDS, CRITERIA
16 AND REQUIREMENTS NECESSARY FOR STATE BOARD APPROVAL OF
17 COUNTY PROGRAMS FOR PURCHASING AGRICULTURAL CONSERVATION
18 EASEMENTS.
19 (XI) TO REVIEW AND CERTIFY AND APPROVE, OR
20 DISAPPROVE, COUNTY PROGRAMS FOR PURCHASING AGRICULTURAL
21 CONSERVATION EASEMENTS.
22 (XII) TO EXERCISE OTHER DISCRETIONARY POWERS AS MAY
23 BE NECESSARY AND APPROPRIATE FOR THE EXERCISE AND
24 PERFORMANCE OF ITS DUTIES, POWERS AND RESPONSIBILITIES
25 UNDER THIS ACT.
26 (XIII) TO DETERMINE AN ANNUAL EASEMENT PURCHASE
27 THRESHOLD.
28 (XIV) TO REVIEW AND APPROVE OR DISAPPROVE FOR
29 RECERTIFICATION EACH COUNTY PROGRAM FOR THE PURCHASE OF
30 AGRICULTURAL CONSERVATION EASEMENTS.
19970H1595B3861 - 17 -
1 (XV) TO AUTHORIZE THE DEVELOPMENT OF A GUIDEBOOK
2 DEFINING ALL TECHNICAL ELEMENTS NECESSARY FOR A COMPLETE
3 APPLICATION FOR PURCHASE OF AN AGRICULTURAL CONSERVATION
4 EASEMENT. SUCH GUIDEBOOK SHALL INCLUDE MODEL FORMATS OF
5 THE SPECIFIC COMPONENTS OF APPLICATIONS. GUIDEBOOKS SHALL
6 BE DISTRIBUTED TO EVERY COUNTY WITH AN APPROVED PROGRAM
7 FOR PURCHASING AGRICULTURAL CONSERVATION EASEMENTS.
8 (4) THE STATE BOARD IS AUTHORIZED TO:
9 (I) TAKE THE ACTIONS NECESSARY TO QUALIFY FOR
10 FEDERAL GUARANTEES AND INTEREST RATE ASSISTANCE FOR
11 AGRICULTURAL EASEMENT PURCHASE LOANS UNDER CHAPTER 2 OF
12 THE FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT OF
13 1990 (PUBLIC LAW 101-624, 104 STAT. 3616).
14 (II) SEGREGATE FROM THE AGRICULTURAL CONSERVATION
15 EASEMENT PURCHASE FUND, INTO A FARMS FOR THE FUTURE TRUST
16 FUND, FUNDS NECESSARY TO QUALIFY FOR THE MAXIMUM AMOUNT
17 OF FUNDING MADE AVAILABLE UNDER THE FEDERAL ACT. THERE
18 SHALL BE DEPOSITED IN THIS TRUST FUND, AND ARE
19 APPROPRIATED FOR THE PURPOSES OF THIS ACT, ANY INTEREST
20 RATE ASSISTANCE SUBSIDIES PROVIDED BY PARTICIPATION IN
21 THE FEDERAL PROGRAM. THE STATE BOARD IS AUTHORIZED TO
22 DEPOSIT INTEREST ACCRUING ON MONEYS IN THE TRUST FUND, IN
23 EXCESS OF THE AMOUNTS NEEDED TO SATISFY INTEREST
24 PAYMENTS, IN THE AGRICULTURAL CONSERVATION EASEMENT
25 PURCHASE FUND.
26 * * *
27 (B.1) LOCAL GOVERNMENT UNIT PARTICIPATION.--ANY LOCAL
28 GOVERNMENT UNIT THAT HAS CREATED AN AGRICULTURAL SECURITY AREA
29 MAY PURCHASE AN AGRICULTURAL CONSERVATION EASEMENT TO PRESERVE
30 FARMLAND AS FOLLOWS:
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1 (1) A LOCAL GOVERNMENT UNIT, IN CONJUNCTION WITH A
2 COUNTY BOARD, MAY PARTICIPATE WITH THE STATE BOARD IN THE
3 PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS. TO PURCHASE
4 EASEMENTS ALONG WITH THE COUNTY OR THE COMMONWEALTH AS JOINT
5 OWNERS, THE LOCAL GOVERNMENT UNIT MUST FIRST RECOMMEND THE
6 PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS TO THE COUNTY
7 BOARD. UPON ACQUISITION OF THE EASEMENT, THE COUNTY BOARD
8 SHALL RECORD THE EASEMENT IN THE OFFICE OF THE RECORDER OF
9 DEEDS IN THE COUNTY IN WHICH THE EASEMENT IS LOCATED. THE
10 COUNTY BOARD SHALL SUBMIT TO THE STATE BOARD A CERTIFIED COPY
11 OF ANY JOINTLY PURCHASED AGRICULTURAL EASEMENT WITHIN 30 DAYS
12 AFTER IT IS RECORDED. THE COUNTY BOARD SHALL ATTACH TO ALL
13 CERTIFIED COPIES OF THE AGRICULTURAL CONSERVATION EASEMENTS
14 SUBMITTED TO THE STATE BOARD A DESCRIPTION OF THE FARMLAND
15 SUBJECT TO THE AGRICULTURAL CONSERVATION EASEMENTS.
16 (2) A LOCAL GOVERNMENT UNIT MAY PURCHASE AN AGRICULTURAL
17 CONSERVATION EASEMENT ON ITS OWN, IF THE FOLLOWING CONDITIONS
18 ARE MET:
19 (I) THE AGRICULTURAL CONSERVATION EASEMENT IS
20 LOCATED WITHIN AN AGRICULTURAL SECURITY AREA OF AT LEAST
21 500 ACRES.
22 (II) THE DEED FOR THE AGRICULTURAL CONSERVATION
23 EASEMENT IS AT LEAST AS RESTRICTIVE AS THE DEED OF
24 AGRICULTURAL CONSERVATION EASEMENT PRESCRIBED BY THE
25 STATE BOARD FOR AGRICULTURAL CONSERVATION EASEMENTS
26 PURCHASED BY THE COMMONWEALTH.
27 (III) THE LOCAL GOVERNMENT UNIT RECORDS THE EASEMENT
28 IN THE OFFICE OF THE RECORDER OF DEEDS IN THE COUNTY IN
29 WHICH THE EASEMENT IS LOCATED AND PROVIDES WRITTEN NOTICE
30 OF THE PURCHASE TO THE STATE BOARD AND COUNTY BOARD.
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1 (3) THE LOCAL GOVERNMENT UNIT MAY INCUR DEBT PURSUANT TO
2 53 PA.C.S. PT. VII SUBPT. B (RELATING TO INDEBTEDNESS AND
3 BORROWING) FOR THE PURCHASE OF AGRICULTURAL CONSERVATION
4 EASEMENTS.
5 * * *
6 SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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