PRINTER'S NO. 4006

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 2659 Session of 2008

        INTRODUCED BY GRUCELA, DALLY, CALTAGIRONE, SOLOBAY, GEORGE,
           GIBBONS, HARKINS, KOTIK, BOYD, MAHONEY, MURT, MYERS, K. SMITH
           AND YOUNGBLOOD, JUNE 19, 2008

        REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           JUNE 19, 2008

                                     AN ACT

     1  Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
     2     Statutes, providing for interference by shadowing plants.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  The heading of Part V of Title 3 of the
     6  Pennsylvania Consolidated Statutes is amended to read:
     7                               PART V
     8                       SOIL AND CONSERVATION
     9                            [(Reserved)]
    10     Section 2.  Part V of Title 3 is amended by adding a chapter
    11  to read:
    12                             CHAPTER 31
    13                  PROTECTION OF AGRICULTURAL LANDS
    14  Sec.
    15  3101.  Definitions.
    16  3102.  Interference by shadowing plants.
    17  § 3101.  Definitions.

     1     The following words and phrases when used in this chapter
     2  shall have the meanings given to them in this section unless the
     3  context clearly indicates otherwise:
     4     "Agricultural land."  Any land that is actively being used
     5  for the cultivation of crops.
     6     "Shadowing plant."  A tree, shrub or other type of plant that
     7  is at least 20 feet in height and which is located in such a
     8  manner so as to cast a shadow on adjoining agricultural land.
     9  § 3102.  Interference by shadowing plants.
    10     (a)  Requirement.--Except as provided for in subsection (c),
    11  the owner of any property that contains shadowing plants shall
    12  trim or remove the shadowing plants so that they do not cast a
    13  shadow on adjoining agricultural land.
    14     (b)  Costs.--The costs of trimming or removing the shadowing
    15  plants under subsection (a) shall be borne as follows:
    16         (1)  If the shadowing plants are owned by the Federal
    17     Government, the cost shall be borne by the owner of the
    18     adjoining agricultural lands.
    19         (2)  If the shadowing plants are owned by a governmental
    20     entity other than the Federal Government, the cost shall be
    21     borne by the governmental entity.
    22     (c)  Exception.--This section shall not apply to any owner of
    23  private property.
    24     Section 2.  This act shall take effect in 60 days.




    E6L03JLW/20080H2659B4006         - 2 -