Regular Session 2019-2020 Senate Bill 1272 P.N. 1954

PRINTER'S NO. 1954

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1272

Session of

2020

INTRODUCED BY YAW, ARGALL, SANTARSIERO, MENSCH, PITTMAN, MARTIN,

BROWNE, J. WARD, AUMENT, STEFANO AND SCHWANK,

SEPTEMBER 18, 2020

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, SEPTEMBER 18, 2020

AN ACT

Providing for the Agricultural Conservation Assistance Program

and imposing powers and duties on the State Conservation

Commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Agricultural

Conservation Assistance Program Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agricultural erosion and sedimentation control plan." A

site-specific plan identifying BMPs to minimize accelerated

erosion and sedimentation from agricultural runoff required by

25 Pa. Code Ch. 102 (relating to erosion and sediment control).

"Agricultural operation." The management and use of farming

resources for production of crops, livestock or poultry.

"Agriculturally impaired stream miles." Stream miles that

are designated impaired due to the identified source being

agriculture as defined by the 2020 Pennsylvania Integrated Water

Quality Monitoring and Assessment Report by the Department of

Environmental Protection.

"Animal concentration areas." The following:

(i) Barnyards, feedlots, loafing areas, exercise

lots or other similar animal confinement areas that will

not maintain a growing crop or where deposited manure

nitrogen is in excess of crop needs.

(ii) The term does not include:

(A) Areas managed as pastures or other cropland.

(B) Pasture access ways, if they do not cause

direct flow of nutrients to surface water or

groundwater.

"Best management practice" or "BMP." A practice or

combination of practices determined by the commission or United

States Department of Agriculture Natural Resources Conservation

Service to be effective and practical, considering

technological, economic and institutional factors, to manage

nutrients and sediment to protect surface water and groundwater.

"Commission." The State Conservation Commission.

"Conservation district." A county conservation district

established under the act of May 15, 1945 (P.L.547, No.217),

known as the Conservation District Law.

"Conservation plan." A plan that identifies conservation

practices and includes site-specific BMPs for agricultural

plowing or tilling activities and animal heavy-use areas.

"Cropland acres." The acres of land used to produce adapted

crops for harvest, which includes both cultivated and

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noncultivated crops and areas managed for forage production that

are harvested by livestock, or a combination of livestock and

mechanical harvesting.

"Erosion." The natural process by which the surface of the

land is worn away by water, wind or chemical action.

"Livestock." Animals raised, stabled, fed or maintained on

an agricultural operation with the purpose of generating income

or providing work, recreation or transportation. The term does

not include aquatic species.

"Manure management plan." A plan developed and implemented

in accordance with 25 Pa. Code Ch. 91 (relating to general

provisions).

"Nutrient." A substance or recognized plant nutrient,

element or compound which is used or sold for its plant

nutritive content or its claimed nutritive value. The term

includes, but is not limited to, livestock and poultry manures,

compost as fertilizer, commercially manufactured chemical

fertilizers, biosolids or combinations thereof.

"Nutrient management plan." A written site-specific plan

which incorporates BMPs to manage the use of plant nutrients for

crop production and water quality protection consistent with the

criteria established in 3 Pa.C.S. §§ 504 (relating to powers and

duties of commission) and 506 (relating to nutrient management

plans).

"Poultry." Birds raised, fed or maintained on an

agricultural operation with the purpose of generating income.

"Program." The Agricultural Conservation Assistance Program

established under section 4(a).

"Sediment." Soils or other erodible materials transported by

storm water as a product of erosion.

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"Surface waters." Perennial and intermittent streams,

rivers, lakes, reservoirs, ponds, wetlands, springs, natural

seeps and estuaries. The term does not include water at

facilities approved for wastewater treatment such as wastewater

treatment impoundments, cooling water ponds and constructed

wetlands used as part of a wastewater treatment process.

"Technical assistance." Advice, technical expertise,

information, training and tools provided to a landowner,

commission, conservation district or others regarding program

implementation, including, but not limited to, the proper

planning, design and installation of best management practices.

"Watershed implementation plan." A plan created to achieve

water quality improvement goals within a watershed of this

Commonwealth, including, but not limited to, Chesapeake Bay

Watershed implementation plans, county action plans or other

watershed-based restoration and implementation plans.

Section 3. Statement of purpose.

The purpose of this act is to establish a program to provide

financial and technical assistance for the implementation of

best management practices on agricultural operations.

Section 4. Agriculture Conservation Assistance Program.

(a) Establishment.--The Agriculture Conservation Assistance

Program is established within the commission.

(b) Sources of funding.--Funding for the program may be

provided through any of the following:

(1) Money appropriated for purposes of the program.

(2) Federal money appropriated or authorized for

purposes of the program.

(3) Money received from another governmental agency

through an interagency agreement or memorandum of

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understanding.

(4) A gift or other contribution from a public or

private source.

(5) Return on money dedicated for the program.

to 4% of the funds allocated for expenses incurred in

administration of the program.

Section 5. Powers and duties of commission.

(a) General rule.--The commission shall:

(1) Adopt performance standards for:

(i) Administration and oversight of the program.

(ii) Best management practices to be implemented and

receive funding under the program.

(2) Provide a system of program evaluation and quality

control.

(3) Annually assess the program and report the

assessment to the following:

(i) The chairperson and minority chairperson of the

Agriculture and Rural Affairs Committee of the Senate.

(ii) The chairperson and minority chairperson of the

Environmental Resources and Energy Committee of the

Senate.

(iii) The chairperson and minority chairperson of

the Agriculture and Rural Affairs Committee of the House

of Representatives.

(iv) The chairperson and minority chairperson of the

Environmental Resources and Energy Committee of the House

of Representatives.

(4) Develop a training, education and technical

assistance program for technicians, engineers and other

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individuals performing work under the program.

(5) Create a system for collecting and reporting of

collected data on funded practices to governmental agencies,

in a manner consistent with criteria established under

Federal and State laws.

(b) Delegation of powers and duties.--In performance of its

powers and duties, the commission may delegate to The

Pennsylvania State University or other entity determined

appropriate by the commission to execute specific administrative

tasks and activities. Up to 4% of the funds provided under

section 4(b) may be committed by the commission to compensate

the entities performing the administrative tasks and activities.

Section 6. Apportionment criteria.

(a) General rule.--The commission shall apportion the funds

under section 4(b) to participating conservation districts based

on written apportionment criteria developed by the commission to

establish priorities based on preventing nutrient and sediment

pollution. The apportionment criteria shall consider:

(1) Agriculturally impaired stream miles.

(2) The number of cropland acres.

(3) The number of farms.

(4) The number of livestock and poultry.

(5) Other criteria as established by the commission.

(b) Unused funds.--Any apportioned funds that are not used

in any fiscal year may roll over for the following fiscal year.

Any unused apportioned funds after two years shall be

reapportioned to participating conservation districts in the

following year, consistent with the apportionment criteria

prescribed under subsection (a).

Section 7. Powers and duties of participating conservation

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districts.

(a) General rule.--Each conservation district participating

in the program shall manage and administer funds apportioned by

the commission in a manner consistent with this act and the

guidelines established by the commission. Each participating

conservation district shall enter into an agreement with the

commission to establish the administrative responsibilities and

activities to be performed by the conservation district.

(b) Use of funds.--Funds apportioned to a participating

conservation district shall be used for:

(1) Approving and providing financial assistance to

landowners and farmers to install and implement BMPs,

consistent with the criteria for approval of projects

provided under section 10.

(2) Costs for technical training and education and

technical assistance in administration of projects approved

by the conservation district.

(3) Establishment of procedures for submission and

approval of applications for financial assistance for BMPs

that minimize, to the extent feasible, procedural tasks and

obligations for applicants.

(4) Adoption of written criteria for ranking of

applications for financial assistance and determination of

proposed projects to be given priority.

(5) Entering into written agreements with recipients of

approved funding.

(6) Administration and procedures to ensure recipients

of financial assistance timely complete projects in a manner

that meets established design and construction standards.

(7) Adoption of procedures to ensure that recipients of

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the approved funding will fully comply with requirements for

future maintenance activities established under the terms of

agreement.

(8) Development of procedures to ensure proper

performance of agreements executed under the program.

up to 12% of the annual amount apportioned by the commission

under section 6 for expenses incurred in administration of the

program.

Section 8. Advisory committee.

(a) General rule.--Within a conservation district, a

committee may be appointed by the conservation district board to

advise the program and identify local priorities and

opportunities to complement other programs.

(b) Members.--The committee shall include at a minimum one

staff member of the conservation district and one local

representative of the United States Department of Agriculture

Natural Resources Conservation Service and may include up to

three other local representatives who are knowledgeable of

agricultural operations and conservation.

Section 9. Applications and certifications.

(a) Application process.--A person may apply to its

applicable delegated conservation district or the commission for

an eligible project under the program. The conservation district

shall prescribe the form and manner of the application. The

application, at a minimum, shall include:

(1) The location of the project.

(2) The description of the project, including the

planned BMPs.

(3) If applicable, the amount and sources of funding

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available for the project.

(4) The total cost of the project.

(5) Any other information as required by the

conservation district.

(6) Relevance of the project to the development,

improvement or implementation of the applicant's manure or

nutrient management plan, conservation plan or erosion and

sedimentation plan.

(b) Review of applications.--The conservation district shall

review complete applications based upon the criteria established

under section 10 on an ongoing basis and in the order received.

Within 90 days of receipt of a complete application, unless

extenuating circumstances prevent the conservation district from

doing so, the conservation district shall notify the applicant

of:

(1) Whether the project is approved for funding under

the program.

(2) The total amount of funds approved for the project.

(3) The amount of each type of funding approved for the

project.

of a project funded under this program, the person who received

the approval for the project shall notify the conservation

district of the completion of the project and shall submit all

documents to certify the completion.

(d) Inspection.--Projects funded under this program may be

subject to inspection by the commission, conservation district

or their designated agent.

(e) Distribution of funds.--The funds shall be distributed

upon certification and verification that the funded project has

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been completed and design and construction standards have been

met.

Section 10. Criteria for evaluation of applications.

In approving applications for eligible projects under the

program, the applicable delegated conservation district or

commission shall give priority to complete applications based

upon the following criteria:

(1) The project meets the goals of any applicable

watershed implementation plan.

(2) If applicable to the agricultural operation, the

applicant has a conservation plan or agricultural erosion and

sediment control plan and a manure management plan or

nutrient management plan. Development of such plans shall be

included in the application if not yet developed prior to the

application.

(3) The project implements best management practices

included in a conservation plan, agricultural erosion and

sediment control plan, manure management plan or nutrient

management plan. For purposes of this paragraph, the

conservation district or commission shall give priority to

projects that implement best management practices for control

of nitrogen or phosphorus.

(4) An agricultural operation with an animal

concentration area shall have implemented best management

practices necessary to abate storm water runoff, loss of

sediment, loss of nutrients and runoff of other pollutants

from the animal concentration area, or the implementation of

such best management practices shall be included in an

application for funds.

(5) Proximity to surface waters, public drinking water

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sources or karst geology with underground drainage systems or

open sinkholes.

(6) The project meets the design and construction

standards established by the commission. If standards do not

exist for a best management practice approved by the

commission, the commission may establish or approve design,

construction and certification standards for such a best

management practice.

(7) Any other criteria considered by the conservation

district and approved by the commission.

Section 11. Liability for failure of performance.

(a) Liability.--A person receiving funds under an approved

project who fails to adequately perform any term of the

agreement executed for the project shall be liable for repayment

of money provided to the recipient related to adequate

performance of the agreement term.

(b) Cause of action.--The commission or conservation

district may initiate any legal action in law or equity to

compel adequate performance of a project agreement or recoup

funds provided under an approved project for which the recipient

is liable for repayment under subsection (a).

funds repaid to the commission as a result of failure of

performance of a project agreement may be provided to the

conservation district that was party to that project agreement

for use in other project agreements.

Section 12. Effective date.

This act shall take effect in 60 days.

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