PRINTER'S NO. 733
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
633
Session of
2015
INTRODUCED BY THOMAS AND COHEN, FEBRUARY 26, 2015
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
FEBRUARY 26, 2015
AN ACT
Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
act authorizing the creation of agricultural areas," further
providing for limitation on certain governmental actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13(a) and (b) of the act of June 30, 1981
(P.L.128, No.43), known as the Agricultural Area Security Law,
amended May 15, 2006 (P.L.190, No.46), are amended to read:
Section 13. Limitation on certain governmental actions.
(a) Approval required for condemnation and for certain other
actions by an agency of the Commonwealth.--No agency of the
Commonwealth having or exercising powers of eminent domain shall
condemn for any purpose any land within any agricultural
security area which land is being used for productive
agricultural purposes (not including the growing of timber)
unless prior approval has been obtained in accordance with the
criteria and procedures established in this section from the
Agricultural Lands Condemnation Approval Board as established in
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section 306 of the act of April 9, 1929 (P.L.177, No.175), known
as "The Administrative Code of 1929." [The] Excepting a county
of the first class, a county of the second class or a county of
the third class, the condemnation approval specified by this
subsection shall not be required for an underground public
utility facility that does not permanently impact the tilling of
soil or for any facility of an electric cooperative corporation
or for any public utility facility the necessity for and the
propriety and environmental effects of which has been reviewed
and ratified or approved by the Pennsylvania Public Utility
Commission or the Federal Energy Regulatory Commission. In
addition, all State-funded development projects which might
affect land in established agricultural security areas shall be
reviewed by the appropriate local agricultural advisory
committee and by the Agricultural Lands Condemnation Approval
Board. Each reviewing body may suggest any modification to the
State-funded development projects which ensures the integrity of
the agricultural security areas against nonfarm encroachment.
(b) Approval required for condemnation by a political
subdivision, authority, public utility or other body.--No
political subdivision, authority, public utility or other body
having or exercising powers of eminent domain shall condemn any
land within any agricultural security area for any purpose,
unless prior approval has been obtained from Agricultural Lands
Condemnation Approval Board and from each of the following
bodies: the governing bodies of the local government units
encompassing the agricultural security area, the county
governing body, and the Agricultural Security Area Advisory
Committee. Review by the Agricultural Lands Condemnation
Approval Board and the other indicated bodies shall be in
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accordance with the criteria and procedures established in this
section. [The] Excepting a county of the first class, a county
of the second class or a county of the third class, the
condemnation approvals specified by this subsection shall not be
required for an underground public utility facility that does
not permanently impact the tilling of soil or for any facility
of an electric cooperative corporation or for any public utility
facility the necessity for and the propriety and environmental
effects of which has been reviewed and ratified or approved by
the Pennsylvania Public Utility Commission or the Federal Energy
Regulatory Commission, regardless of whether the right to
establish and maintain such underground or other public utility
facility is obtained by condemnation, or by agreement with the
owner.
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Section 2. This act shall take effect in 60 days.
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