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| PRIOR PRINTER'S NO. 1734 | PRINTER'S NO. 1751 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY YAW, VOGEL, GORDNER, BRUBAKER, SCHWANK, FONTANA, ALLOWAY, RAFFERTY, ARGALL, SOLOBAY, WAUGH AND BREWSTER, OCTOBER 31, 2011 |
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| SENATOR VOGEL, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED, NOVEMBER 1, 2011 |
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| AN ACT |
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1 | Amending Titles 3 (Agriculture) and 64 (Public Authorities and |
2 | Quasi-Public Corporations) of the Pennsylvania Consolidated |
3 | Statutes, providing for the Agriculture Disaster Recovery |
4 | Program; and further providing for First Industries Program. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 3 of the Pennsylvania Consolidated Statutes |
8 | is amended by adding a chapter to read: |
9 | CHAPTER 48 |
10 | AGRICULTURE DISASTER RECOVERY PROGRAM |
11 | Sec. |
12 | 4801. Short title of chapter. |
13 | 4802. Purpose of chapter. |
14 | 4803. Definitions. |
15 | 4804. Powers and duties of department. |
16 | 4805. Restricted account. |
17 | 4806. Agriculture Disaster Recovery Program. |
18 | 4807. Loan guarantees and interest payments. |
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1 | § 4801. Short title of chapter. |
2 | This chapter shall be known and may be cited as the |
3 | Agriculture Disaster Recovery Program Act. |
4 | § 4802. Purpose of chapter. |
5 | The purpose of this chapter is to establish a program within |
6 | the Department of Agriculture to provide financial assistance to |
7 | production agriculture. |
8 | § 4803. Definitions. |
9 | The following words and phrases when used in this chapter |
10 | shall have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Adjusted loss." The difference between: |
13 | (1) eligible loss; and |
14 | (2) covered loss. |
15 | "Authority." The Commonwealth Financing Authority |
16 | established in 64 Pa.C.S. § 1511 (relating to authority). |
17 | "Board." The board of the Commonwealth Financing Authority |
18 | under 64 Pa.C.S. § 1512 (relating to board). |
19 | "Covered loss." Any amount received by or due the recipient |
20 | from Federal insurance, grants and loans and private insurance |
21 | on account of an eligible loss. The term does not include an |
22 | insurance deductible paid by the recipient. |
23 | "Department." The Department of Agriculture of the |
24 | Commonwealth. |
25 | "Eligible loss." Damage to production agriculture caused by |
26 | a disaster which results in a county being declared a disaster |
27 | area by any of the following: |
28 | (1) A presidential declaration for certain counties or |
29 | the State as a whole. |
30 | (2) A United States Department of Agriculture |
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1 | secretarial declaration for certain counties or the State as |
2 | a whole. |
3 | (3) A gubernatorial declaration for certain counties or |
4 | the State as a whole. |
5 | The term does not include damaged or destroyed farm structures |
6 | or equipment. |
7 | "Farmer." A person engaged in the business of production |
8 | agriculture. |
9 | "Floodway." The channel of a watercourse and portions of the | <-- |
10 | adjoining floodplains which are reasonably required to carry and |
11 | discharge the 100-year frequency flood. In an area where the |
12 | 100-year frequency floodway is not delineated by the Federal |
13 | Emergency Management Agency, the floodway is assumed to extend |
14 | to 50 feet from the top of the stream bank. |
15 | "Floodway restoration." The removal of obstructions, |
16 | consisting of man-made or natural materials such as building |
17 | materials, household materials, fuel tanks, hazardous materials |
18 | and containers, trees, vegetation, rock, gravel, sand or other |
19 | natural materials, deposited within a floodway or stream channel |
20 | by a natural flooding event, in order to stabilize and restore |
21 | the integrity of the floodway, stream channel and stream bank, |
22 | and to prevent any further long-term erosion or deterioration of |
23 | the floodway, stream channel or stream bank, and minimize any |
24 | further obstruction of water flow in the floodway or stream |
25 | channel. |
26 | "Land restoration." Debris removal, regrading of land and |
27 | preservation of soil against deterioration or erosion. |
28 | "Production agriculture." The management and use of farming |
29 | resources for any of the following: |
30 | (1) The production of: |
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1 | (i) agricultural, horticultural, aquacultural, |
2 | vegetable, fruit or floricultural products of the soil; |
3 | (ii) livestock or livestock products; |
4 | (iii) milk or dairy products; or |
5 | (iv) poultry or poultry products. |
6 | (2) Any other practices approved by the Department of |
7 | Agriculture. |
8 | "Program." The Agriculture Disaster Recovery Program |
9 | established under section 4806 (relating to Agriculture Disaster |
10 | Recovery Program). |
11 | "Working capital." Funds used for the disposal of |
12 | contaminated material and the acquisition of fertilizer, seed, |
13 | livestock feed and other supplies for the purpose of production |
14 | agriculture. |
15 | § 4804. Powers and duties of department. |
16 | The department shall adopt regulations to administer the |
17 | program. |
18 | § 4805. Restricted account. |
19 | When funds are made available, a restricted revolving account |
20 | shall be established in the State Treasury to be known as the |
21 | Agriculture Disaster Recovery Account. The account shall be for |
22 | the purpose of making loans interest payments to eligible | <-- |
23 | farmers for assistance under the program established in section |
24 | 4806 (relating to Agriculture Disaster Recovery Program). Any |
25 | funds appropriated to or transferred to fund the program and any | <-- |
26 | moneys received as loan repayments under the program or moneys |
27 | otherwise made available to the program shall be deposited in |
28 | the account and made available for additional agriculture |
29 | disaster recovery loans interest payments for the purposes of | <-- |
30 | the program. |
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1 | § 4806. Agriculture Disaster Recovery Program. |
2 | (a) Establishment.--There is established within the |
3 | department the Agriculture Disaster Recovery Program. The |
4 | program shall provide financial assistance for a farmer, as |
5 | defined in section 4803 (relating to definitions), located |
6 | within this Commonwealth, who is eligible for disaster recovery |
7 | assistance. |
8 | (b) Eligibility.--To be eligible for a loan disaster | <-- |
9 | assistance, an applicant must meet certify to the department | <-- |
10 | that the applicant meets all of the following: |
11 | (1) Be located in a county that has been declared a |
12 | disaster area by any of the following: |
13 | (i) A presidential declaration for certain counties |
14 | or the State as a whole. |
15 | (ii) A United States Department of Agriculture |
16 | secretarial declaration for certain counties or the State |
17 | as a whole. |
18 | (iii) A gubernatorial declaration for certain |
19 | counties or the State as a whole. |
20 | (2) Suffer an eligible loss. |
21 | (3) Meet the definition of farmer in section 4803. |
22 | (4) Be currently engaged in production agriculture and |
23 | intend to continue in production agriculture. |
24 | (5) Not be delinquent on any State or local taxes. |
25 | (c) Procedure.-- |
26 | (1) An applicant shall apply for a loan assistance under | <-- |
27 | this section on a form furnished by the department which sets |
28 | forth the facts establishing eligibility. An application |
29 | under this subsection is subject to 18 Pa.C.S. § 4904 |
30 | (relating to unsworn falsification to authorities). |
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1 | (2) An applicant shall have 180 days from the date of |
2 | declaration of disaster to submit an application to the |
3 | department. |
4 | (3) The department shall investigate review the | <-- |
5 | application to determine eligibility. |
6 | (4) Within 30 days of receipt of the application, the |
7 | department shall make an eligibility determination and a loan | <-- |
8 | an assistance determination. | <-- |
9 | (d) Loans.-- | <-- |
10 | (1) The minimum loan amount to be awarded under the |
11 | program is $10,000, and the maximum loan amount to be awarded |
12 | under the program is $100,000. The amount of the loan cannot |
13 | exceed the adjusted loss, or $100,000, whichever is less. |
14 | (2) Loan proceeds may be used for working capital, land |
15 | restoration or other eligible commodity losses as determined |
16 | by the department but may not be used for land purchases, |
17 | equipment purchases, refinancing existing debt or outstanding |
18 | debt payments. Commodity losses shall include, but not be |
19 | limited to, milk loss. |
20 | (3) Loan proceeds must be drawn within 60 days of the |
21 | loan approval date. Failure to draw funds within the required |
22 | time period will result in revocation of the loan. |
23 | (4) Loan applications will be reviewed and loans |
24 | approved on a first-come-first-served basis until available |
25 | funds are exhausted. |
26 | (e) Loan terms.--A loan shall be made at an interest rate of |
27 | 0% for the term of the loan. The repayment period shall not |
28 | exceed two years. |
29 | § 4807. Loan guarantees and interest payments. |
30 | (a) Requests.--If the department approves an application for |
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1 | a loan guarantee under the program, the department may request |
2 | that the authority provide the loan guarantee. |
3 | (b) Loan guarantees.-- |
4 | (1) An applicant may request a guarantee for a loan to |
5 | assist with agriculture disaster recovery to be made by a |
6 | commercial lending institution or community development |
7 | financial institution for working capital, land restoration, | <-- |
8 | floodway restoration or production agriculture. The applicant |
9 | may be the farmer or the commercial lending institution or |
10 | community development financial institution applying on |
11 | behalf of a borrower. |
12 | (2) The application must be on the form required by the |
13 | department and provide any information required by the |
14 | department. |
15 | (3) Upon the borrower's meeting the eligibility |
16 | requirements, the board may approve the guarantee and, if |
17 | approved, the authority shall execute a guarantee agreement |
18 | in favor of the commercial lending institution or community |
19 | development financial institution stating the terms and |
20 | amounts of the guarantee within the following limitations: |
21 | (i) The amount of the loan guarantee cannot exceed |
22 | the adjusted loss or $100,000, whichever is less. |
23 | (ii) The term of the loan cannot exceed 24 months, |
24 | and the interest rate paid by the board cannot exceed 4%. |
25 | (4) Upon approval of the loan guarantee agreement, the |
26 | board shall enter into a contract with the commercial lending |
27 | institution or community development financial institution to |
28 | reduce the interest rate paid by the applicant on the loan by |
29 | a maximum of 4%. In return, the board shall make payments to |
30 | the lender in an amount equal to not more than 100% of the |
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1 | cost of reducing the applicant's annual rate of interest |
2 | payable on the loan. |
3 | Section 2. Section 1552(e) of Title 64, amended June 30, |
4 | 2011 (P.L.193, No.27), is amended and the section is amended by | <-- |
5 | adding a subsection to read: |
6 | § 1552. First Industries Program. |
7 | * * * |
8 | (e) Loan guarantees.-- |
9 | (1) An applicant may request a guarantee for a loan to |
10 | be made by a commercial lending institution or community |
11 | development financial institution to assist with the |
12 | financing of a project related to tourism or agriculture. The |
13 | applicant may be the commercial lending institution or |
14 | community development financial institution applying on |
15 | behalf of a borrower. The application must be on the form |
16 | required by the board and must include or demonstrate all of |
17 | the following: |
18 | (i) The applicant's name and address. If the |
19 | applicant is a commercial lending institution or |
20 | community development financial institution, the |
21 | borrower's name and address. |
22 | (ii) A description of the project. |
23 | (iii) A statement describing the anticipated |
24 | economic impact to the Commonwealth and the host |
25 | municipality as a result of the project. |
26 | (iv) A description of the proposed project |
27 | financing, including terms, conditions and the collateral |
28 | or security required for the loan for which the guarantee |
29 | is being requested. |
30 | (v) A copy of the applicant's last two years of |
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1 | financial statements prepared or reported on by an |
2 | independent certified public accountant. If the applicant |
3 | is a commercial lending institution or a community |
4 | development financial institution, a copy of the |
5 | borrower's last two years of financial statements |
6 | prepared or reported on by an independent certified |
7 | public accountant. |
8 | (vi) The amount of the loan guarantee that is being |
9 | requested. |
10 | (vii) The total project cost and the identification |
11 | of all sources of capital for the project. |
12 | (viii) Any other information required by the board. |
13 | (1.1) An applicant may request a guarantee for a loan | <-- |
14 | and paid interest from the authority if the applicant |
15 | satisfies the requirements of 3 Pa.C.S. Ch. 48 (relating to |
16 | Agriculture Disaster Recovery Program). |
17 | (2) The board shall review the application to determine |
18 | all of the following: |
19 | (i) (A) Except as set forth in clause (B), that the |
20 | project has been awarded a planning grant under this |
21 | section or that at least $1,000,000 of private funds |
22 | are being invested in the project. |
23 | (B) Beginning on the effective date of this |
24 | paragraph through July 15, 2015, that the project has |
25 | been awarded a planning grant under this section or |
26 | that at least $500,000 of private funds are being |
27 | invested in the project. |
28 | (ii) That the value of the proposed collateral is |
29 | sufficient to cover the full amount of the loan. |
30 | (iii) That the applicant complied with all other |
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1 | criteria established by the board. |
2 | (3) Upon being satisfied that all requirements have been |
3 | met, the board may approve the guarantee, and, if approved, |
4 | the authority shall execute a guarantee agreement in favor of |
5 | the commercial lending institution or community development |
6 | financial institution stating the terms and amounts of the |
7 | guarantee. Except as provided in paragraph (3.1) and | <-- |
8 | subsection (e.1), the guarantee may not exceed 50% of the |
9 | outstanding principal amount of the loan or $2,500,000 at any |
10 | point in time, whichever is less. In addition to any other |
11 | terms and conditions required by the board, the guarantee |
12 | agreement shall provide for all of the following: |
13 | (i) The procedure for the submission by the |
14 | commercial lending institution or community development |
15 | financial institution of a claim for payment. This |
16 | procedure shall require that the commercial lending |
17 | institution or community development financial |
18 | institution demonstrate that it has exhausted all |
19 | available remedies against the borrower, other guarantors |
20 | and collateral before seeking payment under the |
21 | agreement. |
22 | (ii) A requirement that a percentage of any moneys |
23 | recovered subsequent to the payment of a claim by the |
24 | authority be remitted to the authority. |
25 | (iii) Periodic reporting requirements by the |
26 | commercial lending institution or community development |
27 | financial institution regarding itself and regarding the |
28 | loans which have been awarded guarantees under this |
29 | section. |
30 | (3.1) Beginning on the effective date of this paragraph |
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1 | through July 15, 2015, a guarantee of 51% to 90% of the |
2 | principal amount of the loan to assist with the financing of |
3 | a project related to agriculture may be awarded by the board. |
4 | The guarantee shall be subject to a one-time fee of 2% of the |
5 | amount of the loan multiplied by the percentage of the |
6 | guarantee. |
7 | (3.2) Eligible disaster guarantees shall not be subject | <-- |
8 | to the 2% fee. A guarantee of 100% shall be available in the |
9 | event of a disaster. |
10 | [(3.2)] (3.3) The amount of a guarantee under this | <-- |
11 | subsection, if any, shall be set at the discretion of the |
12 | board based upon its determination of the potential financial |
13 | risk to the Commonwealth. |
14 | (4) The board may establish a subcommittee composed of |
15 | one or more board members and department staff to supervise |
16 | the progress of projects for which loan guarantees have been |
17 | awarded under this section. |
18 | (e.1) Agriculture disaster loan guarantees.--An applicant | <-- |
19 | may request a guarantee for a loan and paid interest from the |
20 | authority if the applicant satisfies the requirements of 3 |
21 | Pa.C.S. Ch. 48 (relating to Agriculture Disaster Recovery |
22 | Program). Eligible disaster guarantees shall not be subject to |
23 | the 2% fee. A guarantee of 100% shall be available in the event |
24 | of a disaster. |
25 | * * * |
26 | Section 3. This act shall take effect immediately. |
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