SENATE AMENDED
PRIOR PRINTER'S NO. 692 PRINTER'S NO. 2134
No. 619 Session of 2005
INTRODUCED BY HERSHEY, ROSS, DALEY, GODSHALL, RUBLEY, BALDWIN,
CAPPELLI, CAUSER, CLYMER, CORNELL, CRAHALLA, CREIGHTON,
DENLINGER, DeWEESE, FLICK, GEIST, GILLESPIE, GINGRICH,
GOODMAN, GRUCELA, HARPER, HARRIS, HENNESSEY, HESS, JAMES,
JOSEPHS, KAUFFMAN, M. KELLER, W. KELLER, KILLION, LEDERER,
LEH, MACKERETH, MAJOR, MANN, McILHATTAN, MELIO, R. MILLER,
S. MILLER, O'NEILL, PHILLIPS, PICKETT, SANTONI, SAYLOR,
SCHRODER, SEMMEL, SOLOBAY, STEIL, STERN, TANGRETTI AND
E. Z. TAYLOR, FEBRUARY 16, 2005
SENATOR WAUGH, AGRICULTURE AND RURAL AFFAIRS, IN SENATE, AS
AMENDED, JUNE 8, 2005
AN ACT
1 Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
2 act authorizing the creation of agricultural areas," further
3 providing for definitions, for agricultural security areas, <--
4 for evaluation criteria and for purchase of agricultural
5 conservation easements.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3 of the act of June 30, 1981 (P.L.128,
9 No.43), known as the Agricultural Area Security Law, is amended
10 by adding a definition to read:
11 Section 3. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 * * *
1 "Commercial equine activity." The term includes the
2 following activities where a fee is collected:
3 (1) The boarding of equines.
4 (2) The training of equines.
5 (3) The instruction of people in handling, DRIVING or <--
6 riding equines.
7 (4) The use of equines for riding OR DRIVING purposes. <--
8 (5) THE PASTURING OF HORSES. <--
9 THE TERM DOES NOT INCLUDE ACTIVITY LICENSED UNDER THE ACT OF
10 DECEMBER 17, 1981 (P.L.435, NO.135), KNOWN AS THE "RACE HORSE
11 INDUSTRY REFORM ACT."
12 * * *
13 Section 2. Section 5(a) of the act, amended October 16, 1996
14 (P.L.703, No.121), is amended to read:
15 Section 5. Agricultural security areas.
16 (a) Proposals for creation.--Any owner or owners of land
17 used for agricultural production OR OF VIABLE AGRICULTURAL LAND <--
18 A PORTION OF WHICH IS USED FOR COMMERCIAL EQUINE ACTIVITY may
19 submit a proposal to the governing body for the creation of an
20 agricultural security area within such local government unit,
21 provided that such owner or owners own at least 250 acres of
22 viable agricultural land proposed to be included in the area.
23 This land shall include viable agricultural land used for <--
24 commercial equine activity. The proposed area may also consist
25 of any number of noncontiguous tax parcels or accounts:
26 Provided, That each tax parcel or account is at least ten acres
27 or has an anticipated yearly gross income of at least $2,000
28 from the agricultural production of crops, livestock and
29 livestock products on such parcel or account.
30 * * *
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1 Section 3. Section 7(a) of the act, amended November 23, <--
2 1994 (P.L.648, No.100), is amended to read:
3 Section 7. Evaluation criteria.
4 (a) Factors to be considered.--The following factors shall
5 be considered by the planning commission, advisory committee,
6 and at any public hearing:
7 (1) Land proposed for inclusion in an agricultural
8 security area shall have soils which are conducive to
9 agriculture. This factor will have been satisfied without
10 further consideration if at least 50% in the aggregate of the
11 land to be included in an agricultural security area falls
12 into one of the following categories: land whose soils are
13 classified in Soil Conservation Service Capability Classes I
14 through IV, excepting IV(e); land which falls within the Soil
15 Conservation Service classification of "unique farm land"; or
16 land whose soils do not meet Capability Classes I through IV
17 but which is currently in active farm use and is being
18 maintained in accordance with the soil erosion and
19 sedimentation plan applicable to such land.
20 (2) Use of land proposed for inclusion in an
21 agricultural security area shall be compatible with local
22 government unit comprehensive plans. Any zoning shall permit
23 agricultural use but need not exclude other uses.
24 (3) The landowner may propose to include all of his
25 land, regardless of zoning, in an agricultural security area.
26 (4) The land proposed for inclusion in the agricultural
27 security area, and any additions which are proposed
28 subsequently, shall be viable agricultural land, including
29 viable agricultural land used for commercial equine activity.
30 (5) Additional factors to be considered are the extent
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1 and nature of farm improvements, anticipated trends in
2 agricultural economic and technological conditions and any
3 other matter which may be relevant.
4 * * *
5 Section 4 3. Section 14.1(c)(6) 14.1(B)(2)(I) AND (C)(6) of <--
6 the act, amended November 23, 1994 (P.L.621, No.96), is AND MAY <--
7 30, 2001 (P.L.103, NO.14), ARE amended to read:
8 Section 14.1. Purchase of agricultural conservation easements.
9 * * *
10 (B) COUNTY PROGRAMS.--AFTER THE ESTABLISHMENT OF AN <--
11 AGRICULTURAL SECURITY AREA BY THE GOVERNING BODY, THE COUNTY
12 GOVERNING BODY MAY AUTHORIZE A PROGRAM TO BE ADMINISTERED BY THE
13 COUNTY BOARD FOR PURCHASING AGRICULTURAL CONSERVATION EASEMENTS
14 FROM LANDOWNERS WHOSE LAND IS EITHER WITHIN AN AGRICULTURAL
15 SECURITY AREA OR IN COMPLIANCE WITH THE CRITERIA SET FORTH IN
16 PARAGRAPH (2)(I).
17 * * *
18 (2) IT SHALL BE THE DUTY AND RESPONSIBILITY OF THE
19 COUNTY BOARD TO EXERCISE THE FOLLOWING POWERS:
20 (I) (A) TO ADOPT RULES AND REGULATIONS FOR THE
21 ADMINISTRATION OF A COUNTY PROGRAM FOR THE PURCHASE
22 OF AGRICULTURAL CONSERVATION EASEMENTS IN ACCORDANCE
23 WITH THE PROVISIONS OF THIS ACT, INCLUDING, BUT NOT
24 LIMITED TO, RULES AND REGULATIONS GOVERNING THE
25 SUBMISSION OF APPLICATIONS BY LANDOWNERS,
26 ESTABLISHING STANDARDS AND PROCEDURES FOR THE
27 APPRAISAL OF PROPERTY ELIGIBLE FOR PURCHASE AS AN
28 AGRICULTURAL CONSERVATION EASEMENT, ESTABLISHING
29 MINIMUM CRITERIA FOR ELIGIBILITY OF VIABLE
30 AGRICULTURAL LAND A PORTION OF WHICH IS USED FOR
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1 COMMERCIAL EQUINE ACTIVITY AND ESTABLISHING STANDARDS
2 AND PROCEDURES FOR THE SELECTION OR PURCHASE OF
3 AGRICULTURAL CONSERVATION EASEMENTS.
4 (B) TO INCLUDE IN SUCH RULES AND REGULATIONS,
5 STANDARDS AND PROCEDURES FOR THE SELECTION OR
6 PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS BY
7 THE COUNTY SOLELY OR JOINTLY WITH EITHER THE
8 COMMONWEALTH OR A LOCAL GOVERNMENT UNIT, OR BOTH, ON
9 THAT PORTION OF A PARCEL WHICH IS NOT WITHIN AN
10 AGRICULTURAL SECURITY AREA IF ALL OF THE FOLLOWING
11 CRITERIA ARE COMPLIED WITH:
12 (I) THE LAND IS PART OF A PARCEL OF FARM
13 LAND WHICH IS BISECTED BY THE DIVIDING LINE
14 BETWEEN TWO LOCAL GOVERNMENT UNITS.
15 (II) THE MAJORITY OF THE FARM'S VIABLE
16 AGRICULTURAL LAND IS LOCATED WITHIN AN EXISTING
17 AGRICULTURAL SECURITY AREA. UPON PURCHASE OF AN
18 EASEMENT COVERING THE PORTION OF THE PARCEL WHICH
19 IS NOT LOCATED WITHIN AN AGRICULTURAL SECURITY
20 AREA, THAT PORTION OF THE PARCEL SHALL
21 IMMEDIATELY BECOME PART OF THE PREVIOUSLY
22 ESTABLISHED AGRICULTURAL SECURITY AREA WHICH
23 CONTAINS A MAJORITY OF THE FARM'S VIABLE
24 AGRICULTURAL LAND. THE GOVERNING BODY WHICH
25 CREATED THE AGRICULTURAL SECURITY AREA WHICH
26 CONTAINS A MAJORITY OF THE FARM'S VIABLE
27 AGRICULTURAL LAND SHALL BE RESPONSIBLE FOR THE
28 RECORDING, FILING AND NOTIFICATION OUTLINED IN
29 SECTION 8(D) AND (G) CONCERNING LAND ADDED TO THE
30 AGRICULTURAL SECURITY AREA PURSUANT TO THIS
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1 CLAUSE.
2 (C) TO INCLUDE IN SUCH RULES AND REGULATIONS,
3 STANDARDS AND PROCEDURES FOR THE SELECTION OR
4 PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS BY
5 THE COUNTY SOLELY OR JOINTLY WITH EITHER THE
6 COMMONWEALTH OR A LOCAL GOVERNMENT UNIT, OR BOTH, ON
7 THAT PORTION OF A PARCEL LOCATED IN AN ADJOINING
8 COUNTY IF ALL OF THE FOLLOWING CRITERIA ARE COMPLIED
9 WITH:
10 (I) THE LAND IS PART OF A PARCEL OF FARM
11 LAND WHICH IS BISECTED BY THE DIVIDING LINE
12 BETWEEN THE PURCHASING COUNTY AND THE ADJOINING
13 COUNTY.
14 (II) EITHER A MANSION HOUSE IS LOCATED ON
15 THAT PORTION OF THE PARCEL WHICH IS WITHIN THE
16 PURCHASING COUNTY OR THE DIVIDING LINE BETWEEN
17 THE COUNTIES BISECTS THE MANSION HOUSE AND THE
18 OWNER OF THE PARCEL HAS CHOSEN THE PURCHASING
19 COUNTY AS THE SITUS OF ASSESSMENT FOR TAX
20 PURPOSES OR, IF THERE IS NO MANSION HOUSE ON THE
21 PARCEL, THE MAJORITY OF THE FARM'S VIABLE
22 AGRICULTURAL LAND IS LOCATED IN THE PURCHASING
23 COUNTY.
24 (III) THE PORTION OF THE PARCEL LOCATED IN
25 THE PURCHASING COUNTY IS WITHIN AN AGRICULTURAL
26 SECURITY AREA. UPON PURCHASE OF AN EASEMENT BY
27 THE PURCHASING COUNTY COVERING THAT PORTION OF
28 THE PARCEL LOCATED IN THE ADJOINING COUNTY, THE
29 PORTION OF THE PARCEL LOCATED IN THE ADJOINING
30 COUNTY SHALL IMMEDIATELY BECOME PART OF THE
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1 AGRICULTURAL SECURITY AREA PREVIOUSLY ESTABLISHED
2 IN THE PURCHASING COUNTY. THE GOVERNING BODY
3 WHICH CREATED THE AGRICULTURAL SECURITY AREA IN
4 THE PURCHASING COUNTY SHALL BE RESPONSIBLE FOR
5 THE RECORDING, FILING AND NOTIFICATION OUTLINED
6 IN SECTION 8(D) AND (G) CONCERNING LAND ADDED TO
7 THE AGRICULTURAL SECURITY AREA PURSUANT TO THIS
8 CLAUSE.
9 * * *
10 (c) Restrictions and limitations.--An agricultural
11 conservation easement shall be subject to the following terms,
12 conditions, restrictions and limitations:
13 * * *
14 (6) An agricultural conservation easement shall not
15 prevent:
16 (i) The granting of leases, assignments or other
17 conveyances or the issuing of permits, licenses or other
18 authorization for the exploration, development, storage
19 or removal of coal by underground mining methods, oil and
20 gas by the owner of the subject land or the owner of the
21 underlying coal by underground mining methods, oil and
22 gas or the owner of the rights to develop the underlying
23 coal by underground mining methods, oil and gas, or the
24 development of appurtenant facilities related to the
25 removal of coal by underground mining methods, oil or gas
26 development or activities incident to the removal or
27 development of such minerals.
28 (ii) The granting of rights-of-way by the owner of
29 the subject land in and through the land for the
30 installation of, transportation of, or use of water,
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1 sewage, electric, telephone, coal by underground mining
2 methods, gas, oil or oil products lines.
3 (iii) Construction and use of structures on the
4 subject land necessary for agricultural production or a
5 commercial equine activity.
6 (iv) Construction and use of structures on the
7 subject land for the landowner's principal residence or
8 for the purpose of providing necessary housing for
9 seasonal or full-time employees: Provided, That only one
10 such structure may be constructed on no more than two
11 acres of the subject land during the term of the
12 agricultural conservation easement.
13 (v) Customary part-time or off-season minor or rural
14 enterprises and activities which are provided for in the
15 county Agricultural Conservation Easement Purchase
16 Program approved by the State board under subsection (d).
17 (vi) Commercial equine activity on the subject land.
18 * * *
19 Section 5. This act shall be retroactive to June 30, 1981. <--
20 SECTION 4. THE AMENDMENT OR ADDITION OF SECTION <--
21 14.1(C)(6)(III) AND (VI) OF THE ACT SHALL APPLY TO EASEMENTS
22 EXECUTED AFTER JUNE 29, 1981.
23 Section 6 5. This act shall take effect in 60 days. <--
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