PRINTER'S NO. 786
No. 671 Session of 2003
INTRODUCED BY BUNT, DALEY, HARPER, MYERS, BAKER, BARD, BASTIAN,
BELFANTI, CAPPELLI, CLYMER, COY, DALLY, EACHUS, FEESE,
FICHTER, FLEAGLE, FRANKEL, FREEMAN, GEIST, GEORGE, GODSHALL,
HARHAI, HASAY, HENNESSEY, HERMAN, HERSHEY, HORSEY, JAMES,
KIRKLAND, LAUGHLIN, LEACH, LEH, LEWIS, MANDERINO, MARSICO,
McCALL, McGILL, McILHINNEY, R. MILLER, PETRARCA, PRESTON,
ROHRER, ROSS, RUBLEY, SAINATO, SATHER, SAYLOR, SCHRODER,
SEMMEL, SHANER, SOLOBAY, STEIL, R. STEVENSON, T. STEVENSON,
TANGRETTI, E. Z. TAYLOR, THOMAS, WALKO, WANSACZ, WATSON,
WILT, YOUNGBLOOD AND ZUG, MARCH 5, 2003
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 5, 2003
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," further
3 providing for purchase of agricultural conservation
4 easements; and abrogating a regulation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 14.1(d) of the act of June 30, 1981
8 (P.L.128, No.43), known as the Agricultural Area Security Law,
9 amended May 30, 2001 (P.L.103, No.14), is amended to read:
10 Section 14.1. Purchase of agricultural conservation easements.
11 * * *
12 (d) Program approval.--
13 (1) The standards, criteria and requirements established
14 by the State board for State board approval of county
1 programs for purchasing agricultural conservation easements
2 shall include, but not be limited to, the extent to which the
3 county programs consider and address the following:
4 (i) The quality of the farmlands subject to the
5 proposed easements, including soil classification and
6 soil productivity ratings. Farmland considered should
7 include soils which do not have the highest soil
8 classifications and soil productivity ratings but which
9 are conducive to producing crops unique to the area.
10 (ii) The likelihood that the farmlands would be
11 converted to nonagricultural use unless subject to an
12 agricultural conservation easement. Areas in the county
13 devoted primarily to agricultural use where development
14 is occurring or is likely to occur in the next 20 years
15 should be identified. For purposes of considering the
16 likelihood of conversion, the existence of a zoning
17 classification of the land shall not be relevant, but the
18 market for nonfarm use or development of farmlands shall
19 be relevant.
20 (ii.1) Proximity of the farmlands subject to
21 proposed easements to other agricultural parcels in the
22 county which are subject to agricultural conservation
23 easements.
24 (iii) The stewardship of the land and use of
25 conservation practices and best land management
26 practices, including, but not limited to, soil erosion
27 and sedimentation control and nutrient management.
28 (iv) Fair, equitable, objective and
29 nondiscriminatory procedures for determining purchase
30 priorities.
20030H0671B0786 - 2 -
1 (v) Require a farmland tract to be contiguous
2 acreage of at least 50 acres in size unless the tract is
3 at least 10 acres in size and is either utilized for a
4 crop unique to the area or is contiguous to a property
5 which has a perpetual conservation easement in place held
6 by a "qualified conservation organization," as defined in
7 section 170(h)(3) of the Internal Revenue Code of 1986
8 (Public Law 99-514, 26 U.S.C. § 170(h)(3)). A county may
9 require a farmland tract to be contiguous acreage of at
10 least 25 acres in size unless the tract is at least ten
11 acres in size and is either utilized for a crop unique to
12 the area or is contiguous to a property which has a
13 perpetual conservation easement in place held by a
14 "qualified conservation organization," as defined in
15 section 170(h)(3) of the Internal Revenue Code of 1986.
16 (2) The State board shall act on a county's program for
17 purchasing agricultural conservation easements within 60 days
18 of its receipt, and shall notify immediately the county in
19 writing of approval or disapproval of its program in
20 accordance with the criteria set forth in this subsection.
21 Failure of the State board to act on the submission of a
22 county program under this provision within 60 days of its
23 receipt shall be deemed to constitute approval of the county
24 program by the State board.
25 Section 2. The provisions of 7 Pa. Code § 138e.16(a)(2) are
26 abrogated.
27 Section 3. This act shall take effect in 60 days.
A27L03VDL/20030H0671B0786 - 3 -