Regular Session 2019-2020 House Bill 1523 P.N. 1918

PRINTER'S NO. 1918

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1523

Session of

2019

INTRODUCED BY DIAMOND, CAUSER, PASHINSKI, BERNSTINE, A. DAVIS,

T. DAVIS, DeLISSIO, FEE, FREEMAN, GREINER, HANBIDGE, HERSHEY,

HICKERNELL, M. K. KELLER, KINSEY, LONGIETTI, MALAGARI,

McNEILL, MENTZER, MILLARD, MOUL, OWLETT, RADER, RYAN, SAPPEY,

SAYLOR, SNYDER, STRUZZI, WEBSTER, ZIMMERMAN AND IRVIN,

MAY 29, 2019

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,

MAY 29, 2019

AN ACT

Amending Title 3 (Agriculture) of the Pennsylvania Consolidated

Statutes, establishing the Agricultural Business Development

Center and the Agricultural Business Development Center

Advisory Committee.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 3 of the Pennsylvania Consolidated Statutes

is amended by adding a chapter to read:

CHAPTER 48

AGRICULTURAL BUSINESS DEVELOPMENT CENTER

Sec.

4801. Short title of chapter.

4802. Definitions.

4803. Establishment.

4804. Purpose.

4805. Agricultural Business Development Center Advisory

Committee.

4806. Grant programs.

4807. Limitation on grants.

4808. Disposition of grants.

4809. Regulations.

4810. Agricultural Business Development Center Fund.

§ 4801. Short title of chapter.

This chapter shall be known and may be cited as the

Agricultural Business Development Center Act.

§ 4802. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Advisory committee." The Agricultural Business Development

Center Advisory Committee established under section 4805

(relating to Agricultural Business Development Center Advisory

Committee).

"Center." The Agricultural Business Development Center

established under section 4803 (relating to establishment).

"Fund." The Agricultural Business Development Center Fund

established under section 4810 (relating to Agricultural

Business Development Center Fund).

§ 4803. Establishment.

The Agricultural Business Development Center is established

in the department, which shall staff and operate the center.

§ 4804. Purpose.

The department shall operate the center for the following

purposes:

(1) To provide farmers and prospective farmers a

resource and reference center for creating business plans and

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management strategies to enhance the long-term economic

viability of a farm.

(2) To provide farmers a resource and reference center

for creating plans for the transition of ownership and

operation of a farm to new owners and operators.

(3) To provide farmers a resource and reference center

for creating plans for transfer of ownership and operation of

a farm within the farmer's family.

(4) To provide a resource and reference center for

helping a farmer diversify an existing agricultural operation

to new or different forms of agricultural production,

including on-farm value-added processing and agritourism.

(5) To provide persons who own or operate farms that are

subject to perpetual agricultural conservation easements

acquired under the act of June 30, 1981 (P.L.128, No.43),

known as the Agricultural Area Security Law, resources to

help maintain the long-term economic viability of the farms

and protect the investment of public funds in preserving the

farms for agricultural production.

(6) To provide a resource and reference center for

persons planning a farm expansion or seeking financing for

farm growth.

(7) To help identify and build teams of planning

facilitators, accountants, financial planners, lenders,

marketers, conservation and nutrient management planners and

veterinarians who can provide expertise.

(8) To devise, award and administer grants to farmers,

prospective farmers and others.

§ 4805. Agricultural Business Development Center Advisory

Committee.

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(a) Establishment.--There is established the Agricultural

Business Development Center Advisory Committee, to advise the

secretary with respect to the secretary's responsibilities under

this chapter.

(b) Membership.--The advisory committee shall consist of the

following members:

(1) The secretary, who shall serve as chairperson.

(2) The secretary of the Department of Community and

Economic Development or a designee.

(3) The dean of the College of Agricultural Sciences at

The Pennsylvania State University or a designee.

(4) One representative selected annually from each of

the following organizations:

(i) The Pennsylvania Bankers Association.

(ii) A farm credit association servicing clients in

this Commonwealth.

(iii) The Pennsylvania Association of Conservation

Districts.

(5) The following individuals appointed by the

secretary:

(i) A licensed veterinarian whose practice includes

food animals.

(ii) A person certified to create nutrient

management plans.

(iii) A certified public accountant.

(iv) A financial planner.

(v) An attorney.

(vi) A farmer who has experience with a farm

transition or diversification of the agricultural

production of a farm.

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(1) The term of office for each advisory committee

member under subsection (b)(5) shall be three years, except

that the initial terms shall be staggered as follows:

(i) Two members shall each serve a term of one year.

(ii) Two members shall each serve a term of two

years.

(iii) Two members shall each serve a term of three

years.

(2) Advisory committee members may be appointed to

successive terms at the discretion of the secretary, except

that no member may serve more than two three-year terms.

Vacancies shall be filled in the same manner as the original

appointments.

(d) Duties.--The advisory committee shall meet as often as

necessary to advise the secretary on satisfying the purpose of

this chapter and establishing and awarding grants under this

chapter.

(e) Expenses.--Advisory committee members shall serve

without compensation but shall be entitled to expenses which are

reasonable and necessary in the performance of their duties.

§ 4806. Grant programs.

(a) Authorization.--The department may establish programs to

award grants for the purposes described in this chapter.

(b) Grant program standards and requirements.--The following

shall apply:

(1) The department shall establish grant program

standards and requirements for a grant program under this

chapter and shall transmit notice of the grant program

standards and requirements to the Legislative Reference

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Bureau for publication in the Pennsylvania Bulletin.

(2) Grant program standards and requirements shall do

the following:

(i) Establish eligibility standards for applicants.

(ii) Describe the objectives of the grant program,

which objectives shall be consistent with this chapter.

(iii) Establish caps, limits and restrictions with

respect to grant amounts.

(iv) Establish an application process and timetable.

(v) Present the criteria under which grant

applications shall be evaluated by the department.

(vi) Establish a timetable within which the

department shall award or disapprove a complete grant

application.

(vii) Establish procedures by which the department

shall verify expenditures of grant money by a grant

recipient.

§ 4807. Limitation on grants.

(a) Available funding.--Grants shall be awarded to the

extent money is made available by the General Assembly.

(b) Matching.--Grant amounts shall be limited to 75% of

project costs. In-kind support shall not be counted toward an

applicant's matching contribution.

than the requested amount. The secretary may also impose

restrictions or special conditions upon the issuance of the

grant.

§ 4808. Disposition of grants.

(a) Written agreement.--The department may require a written

agreement describing the terms and conditions of the grant.

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(b) Return of grant money.--The department may establish

criteria under which the secretary may demand the return of all

or a portion of the grant money.

§ 4809. Regulations.

The department may promulgate rules and regulations to

administer and enforce this chapter.

§ 4810. Agricultural Business Development Center Fund.

(a) Establishment.--The Agricultural Business Development

Center Fund is established in the State Treasury as a special

fund which shall be an interest-bearing restricted revenue

account. Money collected by the department under this chapter or

appropriated, given, granted or donated for the purpose

established under this chapter by the Commonwealth or any other

government or private agency or person shall be deposited into

the fund.

(b) Appropriation.--Money in the fund is appropriated on a

continuing basis to the department for the purpose of

administering this chapter. All interest and earnings received

from investments or deposits of the money in the fund shall be

paid into the account for the purpose authorized by this

section. Unexpended money and interest or earnings on the money

in the fund may not be transferred or revert to the General Fund

but shall remain in the account to be used by the department for

the purpose specified under this section.

Section 2. This act shall take effect in 60 days.

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