PRINTER'S NO. 702
No. 629 Session of 2005
INTRODUCED BY BUNT, GODSHALL, HERSHEY, BAKER, BARRAR, BASTIAN, CALTAGIRONE, CAPPELLI, CRAHALLA, DALEY, EACHUS, FABRIZIO, FICHTER, FLEAGLE, FRANKEL, FREEMAN, GEIST, GEORGE, GERGELY, GOODMAN, HARHAI, HARPER, HENNESSEY, HERMAN, JAMES, M. KELLER, LEH, MANDERINO, MANN, MARSICO, McCALL, McGILL, McILHINNEY, R. MILLER, S. MILLER, O'NEILL, PETRARCA, PETRI, PHILLIPS, PRESTON, READSHAW, REICHLEY, ROBERTS, ROSS, RUBLEY, SAINATO, SATHER, SCAVELLO, SCHRODER, SEMMEL, SHANER, STEIL, R. STEVENSON, TANGRETTI, E. Z. TAYLOR, THOMAS, WALKO, WANSACZ, WATSON, WHEATLEY, WILT, WRIGHT, YOUNGBLOOD AND ZUG, FEBRUARY 16, 2005
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 16, 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 purchase of agricultural conservation 4 easements; and abrogating a regulation. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 14.1(d) of the act of June 30, 1981 8 (P.L.128, No.43), known as the Agricultural Area Security Law, 9 amended May 30, 2001 (P.L.103, No.14), is amended to read: 10 Section 14.1. Purchase of agricultural conservation easements. 11 * * * 12 (d) Program approval.-- 13 (1) The standards, criteria and requirements established 14 by the State board for State board approval of county
1 programs for purchasing agricultural conservation easements 2 shall include, but not be limited to, the extent to which the 3 county programs consider and address the following: 4 (i) The quality of the farmlands subject to the 5 proposed easements, including soil classification and 6 soil productivity ratings. Farmland considered should 7 include soils which do not have the highest soil 8 classifications and soil productivity ratings but which 9 are conducive to producing crops unique to the area. 10 (ii) The likelihood that the farmlands would be 11 converted to nonagricultural use unless subject to an 12 agricultural conservation easement. Areas in the county 13 devoted primarily to agricultural use where development 14 is occurring or is likely to occur in the next 20 years 15 should be identified. For purposes of considering the 16 likelihood of conversion, the existence of a zoning 17 classification of the land shall not be relevant, but the 18 market for nonfarm use or development of farmlands shall 19 be relevant. 20 (ii.1) Proximity of the farmlands subject to 21 proposed easements to other agricultural parcels in the 22 county which are subject to agricultural conservation 23 easements. 24 (iii) The stewardship of the land and use of 25 conservation practices and best land management 26 practices, including, but not limited to, soil erosion 27 and sedimentation control and nutrient management. 28 (iv) Fair, equitable, objective and 29 nondiscriminatory procedures for determining purchase 30 priorities. 20050H0629B0702 - 2 -
1 (v) Provisions requiring a farmland tract to be 2 contiguous acreage of at least 50 acres in size unless 3 the tract is at least 10 acres in size and is either 4 utilized for a crop unique to the area or is contiguous 5 to a property which has a perpetual conservation easement 6 in place held by a "qualified organization," as defined 7 in section 170(h)(3) of the Internal Revenue Code of 1986 8 (Public Law 99-514, 26 U.S.C. § 170(h)(3)). A county may 9 require a farmland tract to be contiguous acreage of at 10 least 25 acres in size unless the tract is at least ten 11 acres in size and is either utilized for a crop unique to 12 the area or is contiguous to a property which has a 13 perpetual conservation easement in place held by a 14 "qualified conservation organization," as defined in 15 section 170(h)(3) of the Internal Revenue Code of 1986. 16 (2) The State board shall act on a county's program for 17 purchasing agricultural conservation easements within 60 days 18 of its receipt, and shall notify immediately the county in 19 writing of approval or disapproval of its program in 20 accordance with the criteria set forth in this subsection. 21 Failure of the State board to act on the submission of a 22 county program under this provision within 60 days of its 23 receipt shall be deemed to constitute approval of the county 24 program by the State board. 25 Section 2. The provisions of 7 Pa. Code § 138e.16(a)(2) are 26 abrogated. 27 Section 3. This act shall take effect in 60 days. A27L03DMS/20050H0629B0702 - 3 -