PRINTER'S NO. 799

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

661

Session of

2019

INTRODUCED BY J. WARD, VOGEL, STEFANO, AUMENT, K. WARD, BAKER

AND BROWNE, MAY 17, 2019

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MAY 17, 2019

hereby enacts as follows:

Section 1. Title 3 of the Pennsylvania Consolidated Statutes

is amended by adding a part to read:

Chapter

101. (Reserved)

103. (Reserved)

105. Commonwealth Specialty Crop Block Grant Program

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10501. Declaration of purpose.

10502. Definitions.

10503. Authority.

10504. Eligible applicants and projects.

10505. Allocation of funds.

10506. Use of grant funds by approved applicants.

10507. Entry onto premises.

10508. Audit and recordkeeping.

10509. Enforcement and penalties.

10510. Civil remedy.

10511. Commonwealth Specialty Crop Block Grant Fund.

for grant payments under the Federal Specialty Crop Block Grant

Program administered under the provisions of the Federal

Agricultural Improvement Act of 2018 (Public Law 115-334).

Assured annual funding will assist the growth, certification of

seed and marketing of high priority horticultural specialty

crops, as defined by the secretary under this chapter.

§ 10502. 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:

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"Eligible specialty crop." A horticultural crop not

currently eligible for funding under the Federal Specialty Crop

Block Grant Program and any future amendment thereto, or a plant

cultivated and utilized for fiber or biofuel purposes, which is

not currently eligible for funding under the Federal Specialty

Crop Block Grant Program, and designated as a high-priority

specialty crop by the secretary.

"Federal Specialty Crop Block Grant Program." The Specialty

Crops Competitiveness Act of 2004 (Public Law 108-465, 118 Stat.

3882).

"General evaluation criteria." The evaluation criteria

tree nuts, dried fruits and horticulture and nursery crops,

including floriculture and crops used for fiber or biofuel

purposes.

§ 10503. Authority.

(a) Duties of department--The department shall have the

following duties:

(1) To administer this chapter in a manner consistent

with the general evaluation criteria, including the

application, evaluation and reporting processes required and

employed under the annual Federal Specialty Crop Block Grant

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Block Grant Program, including eligible specialty crops,

evaluation criteria, submittal dates, application and

reporting forms and requirements and template grant

agreements to the Legislative Reference Bureau for

publication in the Pennsylvania Bulletin and on the

department's publicly available Internet website.

(b) Funds available basis.--The Commonwealth Specialty Crop

Block Grant Program shall only be administered in years in which

funds are specifically allocated or received and made available

to the department under this chapter for that purpose.

§ 10504. Eligible applicants and projects.

(2) Projects shall enhance the competitiveness of

eligible specialty crops and benefit the eligible specialty

crop industry as a whole and may include, but are not limited

to, projects such as:

(i) Increasing child and adult nutrition knowledge

and consumption of specialty crops.

(ii) Participation of industry representatives at

meetings of international standard setting bodies in

which the Federal Government participates.

(iii) Improving efficiency and reducing costs of

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practices, good handling practices, good manufacturing

practices and in cost-share arrangements for funding

audits of such systems for small farmers, packers and

processors.

(v) Investing in specialty crop research, including

organic research to focus on conservation and

environmental outcomes and enhancing food safety.

(vi) Developing new and improved seed varieties and

specialty crops.

(vii) Pest and disease control.

(viii) Sustainability.

added water.

(4) Grants may not be awarded to projects that directly

benefit a particular commercial product or provide a profit

to a single organization, institution or individual.

(5) Grants may be awarded to eligible applicants and

projects for up to two years.

§ 10505. Allocation of funds.

The funds which the department is allocated or receives under

section 10511 (relating to Commonwealth Specialty Crop Block

Grant Fund) shall be allocated for administration of this

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(2) The balance of the funds which remain after

subtracting the administrative costs of the department shall

be allocated to eligible applicants and projects in a manner

which seeks to distribute the funds evenly among eligible

specialty crops and, where practicable, in a manner that

distributes the funds across this Commonwealth.

§ 10506. Use of grant funds by approved applicants.

(a) Approved applicant.--The funds that are allocated to

approved applicants by the department, in accordance with this

chapter, shall be used only for approved, eligible activities

which are permitted in accordance with this chapter, the

or

(3) a signed grant agreement established under this

chapter.

§ 10507. Entry onto premises.

The department, in the performance of duties required to

enforce and assure compliance with this chapter, may, during

normal business hours, enter onto the premises of an approved

block grant applicant or recipient. Failure to grant access

shall be a violation of this chapter.

§ 10508. Audit and recordkeeping.

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publish the requirements on the department's publicly accessible

Internet website. The department shall transmit notice of the

audit and recordkeeping requirements to the Legislative

Reference Bureau for publication in the Pennsylvania Bulletin.

(b) Authority to investigate.--The department may

investigate the records of an approved applicant under this

chapter. The approved applicant shall provide the applicant's

records upon the department's request. The department shall

conduct inspections as necessary to assure compliance with this

chapter, the program parameters developed under this chapter or

a signed grant agreement established under this chapter.

grant funds already allocated. Failure of a person to repay

all or a portion of the grant funds already allocated shall

allow the department to refer the matter to the Office of

Attorney General, which shall recover the amount by action in

the appropriate court.

(2) Deny an application filed by the person for a

current, future or joint project block grant.

(b) Civil penalties.--The following shall apply:

(1) In addition to proceeding under any other remedy

available at law or in equity for a violation of this

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block grant and cost of prosecution upon an individual or

business for each offense.

(2) No civil penalty shall be assessed unless the person

charged has been given notice and opportunity for a hearing

on the charge in accordance with law.

(3) In determining the amount of the penalty, the

department shall consider the gravity of the violation. The

department may issue a warning in lieu of assessing a

penalty.

(4) In cases of inability to collect the civil penalty

or failure of a person to pay all or a portion of the

may initiate, in the Commonwealth Court or the court of common

pleas of the county in which the defendant resides or has a

place of business, an action in equity for an injunction to

restrain any and all violations of this chapter or the rules

promulgated under this chapter or any order issued or agreement

entered into under this chapter from which no timely appeal has

been taken or which has been sustained on appeal. In a

proceeding, the court shall, upon motion of the Commonwealth,

issue a preliminary injunction if the court finds that the

defendant is engaging in conduct that is unlawful under this

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the proceedings. In addition to an injunction, the court in the

equity proceedings may levy civil penalties under section 2383

(relating to enforcement and penalties).

§ 10511. Commonwealth Specialty Crop Block Grant Fund.

(a) Establishment.--The Commonwealth Specialty Crop Block

Grant Fund is established as a special nonlapsing fund in the

State Treasury. All money derived from fines and civil

penalties, judgments and interest collected or imposed under

this chapter shall be paid into the fund. All money placed into

the fund and the interest the fund accrues are hereby

appropriated to the department on a continuing basis for any

(3) Gifts and other contributions from public and

private sources.

§ 10512. Applicability.

This chapter shall apply to the distribution of money of the

Commonwealth Specialty Crop Block Grant Fund allocated or made

available to the department beginning with fiscal year 2019-2020

and thereafter. The department shall not be liable for any

commitment or for completion of a partially completed or

partially funded project which cannot be completed due to the

unavailability of Commonwealth funds or future Commonwealth

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