PRINTER'S NO. 1190
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1132
Session of
2023
INTRODUCED BY RABB, FREEMAN, McNEILL, MADDEN, GUENST, KINSEY,
ROZZI, HILL-EVANS, MALAGARI, SANCHEZ, PARKER, HOWARD AND
FLEMING, MAY 10, 2023
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MAY 10, 2023
AN ACT
Establishing the Pennsylvania Agroforestry Program and the
Pennsylvania Agroforestry Fund; providing grants to resident
farmers and resident businesses; and imposing duties on
Department of Agriculture.
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 Pennsylvania
Agroforestry 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:
"Agroforestry." A method or system of farming which
incorporates the use of trees and undergrowth, including, but
not limited to, alley cropping, forest farming, riparian forest
buffers, silvopasture or windbreaks.
"Alley cropping." Planting crops between rows of trees to
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provide income while the trees mature. Alley cropping may be
designed to produce fruits, vegetables, grains, flowers, herbs,
bioenergy feedstocks and other similar products.
"Department." The Department of Agriculture of the
Commonwealth.
"Forest farming." Farming operations which grow food,
herbal, botanical or decorative crops under a forest canopy that
is managed to provide ideal shade levels as well as other
products.
"Program." The Pennsylvania Agroforestry Program established
under section 3.
"Resident business." A business that has owners who are
residents of this Commonwealth, has less than 100 employees and
is located and conducts business in this Commonwealth.
"Resident farmer." A commercial farmer who utilizes lands in
this Commonwealth for the practice of farming as a primary
income and whose primary occupation is farming and employs no
more than 20 full-time equivalent employees and whose farm is no
more than 250 acres.
"Riparian forest buffers." Natural or reestablished areas
along rivers and streams made up of trees, shrubs and grasses
which help filter farm runoff and prevent erosion.
"Silvopasture." Combining trees with livestock and forage on
one piece of land.
"Windbreak." Trees planted to shelter crops, animals,
buildings and soil from the elements of the weather.
Section 3. Program.
(a) Establishment.--The Pennsylvania Agroforestry Program is
established and shall be administered by the department in
consultation with the Department of Conservation and Natural
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Resources.
(b) Purpose.--The purpose of the program is to:
(1) Provide incentives for farmers to incorporate
agroforestry methods into farming practices.
(2) Encourage businesses within this Commonwealth to
purchase or process produce derived from agroforestry.
(3) Educate the public regarding agroforestry and the
resulting products available in this Commonwealth.
Section 4. Administration.
(a) Application.--A resident farmer or resident business may
submit an application to the department, in a form and manner
prescribed by the department, for participation in the program.
(b) Application period.--When money is available for the
program during a fiscal year, the department shall begin to
accept applications from resident farmers and resident
businesses to obtain money provided for under this act. The
department shall provide notice of the application period and
process on the department's publicly accessible Internet
website.
(c) Application deadline.--The department shall establish a
deadline for the submission of applications during a fiscal year
and post the application deadline on the department's publicly
accessible Internet website.
(d) Review.--
(1) The department shall review completed applications
for participation in the program.
(2) If accepted for participation, a resident farmer or
resident business shall be required to agree, in writing, to
the terms and conditions established by the department.
(3) If participation is denied in whole or in part, the
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department shall provide the applicant with the reason for
the denial.
(e) Agreement.--
(1) The department shall require:
(i) All participating resident farmers to contribute
at least 20% of the award received under this act toward
the cost of participating in the program.
(ii) All participating resident businesses to
contribute 10% of the award received under this act
toward the cost of participating in the program.
(2) The department shall require all participating
resident farmers to establish and maintain agroforestry
practices for a period of 10 years or maintain a tree nursery
to grow conservation trees utilized in agroforestry, such as
fruit and nut trees, that generates an annual income for a
period of 10 years.
(3) The department shall require all participating
resident businesses to purchase or process produce derived
from agroforestry in this Commonwealth subject to the
department's guidelines. The department shall establish
guidelines detailing the amount or percentage of business
that must include the purchasing or processing of produce
derived from agroforestry in this Commonwealth.
(4) A participating resident farmer or resident business
who fails to maintain the required practices and comply with
all the terms of the agreement shall be required to return
all money received under the program.
(5) At the successful completion of participation in the
program, a participating resident farmer may agree to
participate in the program for one additional 10-year period
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and a participating resident business may agree to
participate in the program for one additional seven-year
period.
(f) Awareness.--
(1) The department shall engage in efforts to educate
resident farmers and resident business owners about the
program and increase public awareness of the program,
including the benefits of supporting resident farmers and
resident business owners who utilize agroforestry practices
in this Commonwealth.
(2) The education and awareness efforts shall be
accomplished through printed material, media-related efforts
and other sources that may include public service
announcements, public awareness campaigns and media literacy.
Section 5. Pennsylvania Agroforestry Fund and awards.
(a) Establishment.--The Pennsylvania Agroforestry Fund is
established as a fund within the State Treasury to be used to
fund the program and award money under this act.
(b) Resident farmer award.--
(1) The department shall establish award amounts for
each 10-year participation agreement which may not exceed
$100,000 for a single participating resident farmer, of which
up to $5,000 may be used by participating resident farmers to
obtain training, advice and support from consultants on
agroforestry practices.
(2) The department shall consider the acreage utilized
and number of agroforestry practices applied when determining
the amount of each award.
(3) In cases of tree nurseries, the department may
consider the number of tree nurseries within this
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Commonwealth that are producing conservation trees that
generate an annual income and the output of the existing tree
nurseries.
(4) The department may allow larger award amounts for
increased acreage utilized and the utilization of multiple
types of agroforestry practices.
(c) Resident business award.--
(1) The department shall award amounts up to $10,000 for
resident businesses which agree to purchase or process
produce derived from agroforestry in this Commonwealth.
(2) A participating resident business must agree to
purchase or process a minimum amount of produce each year for
a seven-year period which is established by the department.
(d) Funding.--In addition to money appropriated to the
department from the General Assembly to fund the program, the
department may accept additional money from government or
private sources, including donations.
(e) Apportionment of awards.--Of the total sums received for
the program, 90% shall be apportioned for awards to
participating resident farmers and 10% shall be apportioned for
awards to participating resident businesses.
Section 6. Effective date.
This act shall take effect in 60 days.
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