PRIOR PRINTER'S NO. 1954 PRINTER'S NO. 3861
No. 1595 Session of 1997
INTRODUCED BY HANNA, KREBS, BELARDI, HENNESSEY, SATHER, DALEY, HALUSKA, HERMAN, TIGUE, BELFANTI, TRELLO, HERSHEY, PISTELLA, RAMOS, STEELMAN, YOUNGBLOOD, STABACK, ROSS, BOSCOLA AND CAPPABIANCA, JUNE 4, 1997
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 28, 1998
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," enabling 3 local government units to participate in purchasing 4 agricultural conservation easements. 5 AMENDING THE ACT OF JUNE 30, 1981 (P.L.128, NO.43), ENTITLED "AN <-- 6 ACT AUTHORIZING THE CREATION OF AGRICULTURAL AREAS," FURTHER 7 PROVIDING FOR THE DEFINITION OF "LOCAL GOVERNMENT UNIT" AND 8 FOR THE STATE AGRICULTURAL LAND PRESERVATION BOARD; PROVIDING 9 FOR LOCAL GOVERNMENT UNIT PARTICIPATION; AND MAKING EDITORIAL 10 CHANGES. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Section 14.1 (b), (c), (f), (g) and (j) of the <-- 14 act of June 30, 1981 (P.L.128, No.43), known as the Agricultural 15 Area Security Law, amended November 23, 1994 (P.L.621, No.96) 16 and November 23, 1994 (P.L.648, No.100), are amended to read: 17 Section 14.1. Purchase of agricultural conservation easements. 18 * * * 19 (b) [County] Municipal programs.--After the establishment of 20 an agricultural security area by the governing body, the
1 [county] governing body may authorize a program [to be 2 administered by the county board] for purchasing agricultural 3 conservation easements from landowners whose land is within an 4 agricultural security area situate within the local government 5 unit. 6 [(1) The county board shall be composed of five, seven 7 or nine members appointed by the county governing body. The 8 chairman of the county governing body shall designate 9 annually one member of the county board to serve as chairman 10 of the county board. County board members shall be appointed 11 from among the following groups: the number of farmers shall 12 constitute one less than a majority of the board; one member 13 shall be a current member of the governing body of a township 14 or borough located within the county; one member shall be a 15 commercial, industrial or residential building contractor; 16 and the other members shall be selected at the pleasure of 17 the county governing body. The county board membership of the 18 member of the governing body of a township or borough located 19 within the county shall be deemed vacant upon vacancy in, or 20 the expiration of the term of, the township or borough office 21 to which the member was elected. The term of the initial 22 farmer appointees shall be three years, the initial term of 23 the current member of the governing body of a township or 24 borough shall be two years and the initial term of all other 25 members shall be one year. Thereafter, the term of all 26 members shall be three years. 27 (2)] (1) It shall be the duty and responsibility of the 28 [county board] governing body to exercise the following 29 powers: 30 (i) To adopt rules and regulations for the 19970H1595B3861 - 2 -
1 administration of a [countywide] program for the purchase 2 of agricultural conservation easements within 3 agricultural security areas situate within the local 4 government unit in accordance with the provisions of this 5 act, including, but not limited to, rules and regulations 6 governing the submission of applications by landowners, 7 establishing standards and procedures for the appraisal 8 of property eligible for purchase as an agricultural 9 conservation easement and establishing standards and 10 procedures for the selection or purchase of agricultural 11 conservation easements. 12 [(ii) To adopt rules of procedure and bylaws 13 governing the operation of the county board and the 14 conduct of its meetings. 15 (iii)] (ii) To execute agreements to purchase 16 agricultural conservation easements in the name of the 17 [county] local government unit. 18 [(iv)] (iii) To purchase in the name of the [county] 19 local government unit agricultural conservation easements 20 within agricultural security areas. 21 [(v)] (iv) To use moneys appropriated by the 22 [county] governing body from the [county] general fund of 23 the local government unit to hire staff and administer 24 the [countywide] program, if deemed necessary. 25 [(vi)] (v) To use moneys appropriated by the 26 [county] local government unit governing body from the 27 [county] general fund or the proceeds of indebtedness 28 incurred by the [county and approved by the county 29 governing body] local government unit for the purchase of 30 agricultural conservation easements within agricultural 19970H1595B3861 - 3 -
1 security areas. 2 [(vii)] (vi) To establish and maintain a repository 3 of records of farm lands which are subject to 4 agricultural conservation easements purchased by the 5 [county] local government unit and which are located 6 within the [county] local government unit. 7 [(viii)] (vii) To record agricultural conservation 8 easements purchased by the county in the office of the 9 recorder of deeds of the county wherein the agricultural 10 conservation easements are located and to submit to the 11 State board and county board a certified copy of 12 agricultural conservation easements within 30 days after 13 recording. The [county board] governing body shall attach 14 to all certified copies of the agricultural conservation 15 easements submitted to the State board and county board a 16 description of the farm land subject to the agricultural 17 conservation easements. 18 [(ix) To submit to the State board for review the 19 initial county program and any proposed revisions to 20 approved county programs for purchasing agricultural 21 conservation easements. 22 (x) To recommend to the State board for purchase by 23 the Commonwealth agricultural conservation easements 24 within agricultural security areas located within the 25 county. 26 (xi) To recommend to the State board the purchase of 27 agricultural conservation easements by the Commonwealth 28 and the county jointly. 29 (xii)] (viii) To purchase agricultural conservation 30 easements jointly with the [Commonwealth] county. 19970H1595B3861 - 4 -
1 [(xiii)] (ix) To exercise other powers which are 2 necessary and appropriate for the exercise and 3 performance of its duties, powers and responsibilities 4 under this act. 5 [(xiv) To submit to the State board applications for 6 agricultural conservation easements in accordance with 7 the guidebook authorized under subsection (a)(3)(xv). 8 (3)] (2) The [county] governing body may incur debt 9 pursuant to the act of July 12, 1972 (P.L.781, No.185), known 10 as the "Local Government Unit Debt Act," for the purchase of 11 agricultural conservation easements. 12 [(4) County programs for the purchase of agricultural 13 conservation easements originally approved by the State board 14 on or before December 31, 1994, shall be reviewed by the 15 State board and approved or disapproved for recertification 16 by December 31, 1996, and every seventh year thereafter. 17 County programs for the purchase of agricultural conservation 18 easements originally approved by the State board after 19 December 31, 1994, shall be reviewed by the State board and 20 approved or disapproved for recertification by December 31 of 21 the seventh year after the date of original approval and 22 every seventh year thereafter. On or before December 31, 23 1995, and the end of such other seven-year periods 24 thereafter, the county board shall submit to the State board 25 any proposed revisions to the county program for the purchase 26 of agricultural conservation easements. County programs 27 subject to State board review and recertification under this 28 paragraph shall be approved or disapproved in accordance with 29 the requirements of subsection (d), provided that the State 30 board shall give priority to determining that county programs 19970H1595B3861 - 5 -
1 are in compliance with applicable provisions of law, 2 regulations and guidelines. After December 31, 1996, and the 3 end of such other seven-year periods, the State board shall 4 not approve a county board's recommendation to purchase until 5 the county program has been approved for recertification, 6 provided that the State board may postpone the deadline for 7 recertification of any county's program by up to 12 months 8 and, during such period of postponement, may approve a county 9 board's recommendation to purchase. 10 (5)] (3) The governing body [of the county] may 11 authorize the establishment of a program for the purchase of 12 agricultural conservation easements on an installment or 13 other deferred basis. The obligation of the [county] local 14 government unit to make payment on an installment or other 15 deferred basis shall not be subject to the requirements of 16 section 602(b) or (c) of the "Local Government Unit Debt 17 Act." 18 (c) Restrictions and limitations.--An agricultural 19 conservation easement shall be subject to the following terms, 20 conditions, restrictions and limitations: 21 (1) The term of an agricultural conservation easement 22 shall be perpetual. 23 (2) Unless otherwise authorized in accordance with 24 subsection (i), an agricultural conservation easement shall 25 not be sold, conveyed, extinguished, leased, encumbered or 26 restricted in whole or in part for a period of 25 years 27 beginning on the date of purchase of the easement. 28 (3) Unless otherwise authorized in accordance with 29 subsection (i), if the land subject to the agricultural 30 conservation easement is no longer viable agricultural land, 19970H1595B3861 - 6 -
1 the Commonwealth, subject to the approval of the State board, 2 and the county, subject to the approval of the county board 3 or the governing body of a local government unit, may sell, 4 convey, extinguish, lease, encumber or restrict an 5 agricultural conservation easement to the current owner of 6 record of the farmland subject to the easement after the 7 expiration of 25 years from the date of purchase of the 8 easement for a purchase price equal to the value at the time 9 of resale determined pursuant to subsection (f) at the time 10 of conveyance. A conveyance by the Commonwealth pursuant to 11 this subsection shall not be subject to the requirements of 12 Article XXIV-A of the act of April 9, 1929 (P.L.177, No.175), 13 known as "The Administrative Code of 1929." The purchase 14 price shall be payable to the Commonwealth and the county as 15 their respective legal interests in the agricultural 16 conservation easement appear, and a separate payment shall be 17 made to the Commonwealth and the county accordingly at the 18 time of settlement. Any payment received by the Commonwealth 19 pursuant to this provision shall be paid into the fund. 20 (4) Instruments and documents for the purchase, sale and 21 conveyance of agricultural conservation easements shall be 22 approved by the State board [or], the county board or the 23 governing body, as the case may be, prior to execution and 24 delivery. Proper releases from mortgage holders and 25 lienholders must be obtained and executed to insure that all 26 agricultural conservation easements are purchased free and 27 clear of all encumbrances. 28 (5) Whenever any public entity, authority or political 29 subdivision exercises the power of eminent domain and 30 condemns land subject to an agricultural conservation 19970H1595B3861 - 7 -
1 easement, the condemnor shall provide just compensation to 2 the owner of the land in fee and to the owner of the easement 3 as follows: 4 (i) The owner of the land in fee shall be paid the 5 full value which would have been payable to the owner but 6 for the existence of an agricultural conservation 7 easement less the value of the agricultural conservation 8 easement at the time of condemnation. 9 (ii) The owner of the easement shall be paid the 10 value of the easement at the time of condemnation. 11 (6) An agricultural conservation easement shall not 12 prevent: 13 (i) The granting of leases, assignments or other 14 conveyances or the issuing of permits, licenses or other 15 authorization for the exploration, development, storage 16 or removal of coal by underground mining methods, oil and 17 gas by the owner of the subject land or the owner of the 18 underlying coal by underground mining methods, oil and 19 gas or the owner of the rights to develop the underlying 20 coal by underground mining methods, oil and gas, or the 21 development of appurtenant facilities related to the 22 removal of coal by underground mining methods, oil or gas 23 development or activities incident to the removal or 24 development of such minerals. 25 (ii) The granting of rights-of-way by the owner of 26 the subject land in and through the land for the 27 installation of, transportation of, or use of water, 28 sewage, electric, telephone, coal by underground mining 29 methods, gas, oil or oil products lines. 30 (iii) Construction and use of structures on the 19970H1595B3861 - 8 -
1 subject land necessary for agricultural production. 2 (iv) Construction and use of structures on the 3 subject land for the landowner's principal residence or 4 for the purpose of providing necessary housing for 5 seasonal or full-time employees: Provided, That only one 6 such structure may be constructed on no more than two 7 acres of the subject land during the term of the 8 agricultural conservation easement. 9 (v) Customary part-time or off-season minor or rural 10 enterprises and activities which are provided for in the 11 county Agricultural Conservation Easement Purchase 12 Program approved by the State board under subsection (d). 13 (7) Land subject to an agricultural conservation 14 easement shall not be subdivided for any purpose which may 15 harm the economic viability of the farmland for agricultural 16 production. Land may be subdivided prior to the granting of 17 an agricultural conservation easement, provided that 18 subdividing will not harm the economic viability for 19 agricultural production of the land subject to the easement. 20 (8) Nothing in this act shall prohibit a member of the 21 State board or county board or governing body or his or her 22 family from selling a conservation easement under this 23 program, provided that all decisions made regarding easement 24 purchases be subject to the provisions of section 3(j) of the 25 act of October 4, 1978 (P.L.883, No.170), referred to as the 26 Public Official and Employee Ethics Law. 27 * * * 28 (f) Valuation.--The State board or the county board or the 29 governing body where a purchase is to be made by a local 30 government unit, as the case may be, shall select and retain an 19970H1595B3861 - 9 -
1 independent State-certified general real estate appraiser to 2 determine market value and farmland value. If the seller 3 disagrees with the appraisal made by the State or county board's 4 or local government unit's appraiser, the seller shall have the 5 right to select and retain a separate independent State- 6 certified general real estate appraiser within 30 days of 7 receipt of the appraisal of the State or county board's or local 8 government unit's appraiser to determine market value and 9 farmland value. The State board or the county board or the local 10 government unit shall establish the agricultural value and the 11 nonagricultural value of the property subject to the 12 agricultural conservation easement. The State board may provide 13 for a periodic review by a State-certified general real estate 14 appraiser of appraisals submitted by counties in order to assure 15 that the appraisals were performed in accordance with the 16 standards of appraisal practice. 17 (1) The agricultural value shall equal the sum of: 18 (i) the farmland value determined by the seller's 19 appraiser; and 20 (ii) one-half of the difference between the farmland 21 value determined by the State or county board's or local 22 government unit's appraiser and the farmland value 23 determined by the seller's appraiser if the farmland 24 value determined by the State or county board's or local 25 government unit's appraiser exceeds the farmland value 26 determined by the seller's appraiser. 27 (2) The nonagricultural value shall equal the sum of: 28 (i) the market value determined by the State or 29 county board's or local government unit's appraiser; and 30 (ii) one-half of the difference between the market 19970H1595B3861 - 10 -
1 value determined by the seller's appraiser and the market 2 value determined by the State or county board's 3 appraiser, if the market value determined by the seller's 4 appraiser exceeds the market value determined by the 5 State or county board's or local government unit's 6 appraiser. 7 (3) The entire acreage of the farmland shall be included 8 in the determination of the value of an agricultural 9 conservation easement, less the value of any acreage which 10 was subdivided prior to the granting of such easement. The 11 appraiser shall take into account the potential increase in 12 the value of the subdivided acreage because of the placement 13 of the easement on the remaining farmland. 14 (g) Purchase price.--The price paid for purchase of an 15 agricultural conservation easement in perpetuity shall not 16 exceed the difference between the nonagricultural value and the 17 agricultural value determined pursuant to subsection (f) at the 18 time of purchase, unless the difference is less than the State 19 or county [boards'] board's or local government unit's original 20 appraised value in which case the State or county [boards'] 21 board's or local government unit's original easement value may 22 be offered. The price paid for purchase of an easement for a 23 term of 25 years shall not exceed one-tenth of the difference 24 between the nonagricultural value and the agricultural value 25 determined pursuant to subsection (f) at the time of purchase. 26 The purchase price may be paid in a lump sum, in installments 27 over a period of years, or in any other lawful manner of 28 payment. If payment is to be made in installments or another 29 deferred method, the person selling the easement may receive, in 30 addition to the selling price, interest in an amount or at a 19970H1595B3861 - 11 -
1 rate set forth in the agreement of purchase, and final payment 2 of all State money shall be made within, and no later than, five 3 years from the date the agricultural conservation easement 4 purchase agreement was fully executed. The county may provide 5 for payments on an installment or other deferred basis and for 6 interest payments by investing its allocation of State money for 7 purchases approved by the State board under subsection (h)(11) 8 in securities deposited into an irrevocable escrow account or in 9 another manner provided by law. 10 * * * 11 (j) Change of ownership.-- 12 (1) Whenever interest in land subject to an agricultural 13 conservation easement is conveyed or transferred to another 14 person, the deed conveying or transferring such land shall 15 recite in verbatim the language of the easement as set forth 16 in the deed executed in connection with the purchase of the 17 agricultural conservation easement. 18 (2) The person conveying or transferring land subject to 19 an agricultural conservation easement shall within 30 days of 20 change in ownership notify the county board or the governing 21 body and the department of the name and address of the person 22 to whom the subject land was conveyed or transferred and the 23 price per acre or portion thereof received by the landowner 24 from such person. 25 (3) Notwithstanding any other provisions of law to the 26 contrary, the restrictions set forth in a deed executed in 27 connection with the purchase of an agricultural conservation 28 easement shall be binding on any person to whom subsequent 29 ownership of the land subject to the easement is conveyed or 30 transferred. 19970H1595B3861 - 12 -
1 * * * 2 Section 2. This act shall take effect in 60 days. 3 SECTION 1. THE DEFINITION OF "LOCAL GOVERNMENT UNIT" IN <-- 4 SECTION 3 OF THE ACT OF JUNE 30, 1981 (P.L.128, NO.43), KNOWN AS 5 THE AGRICULTURAL AREA SECURITY LAW, AMENDED DECEMBER 14, 1988 6 (P.L.1202, NO.149), IS AMENDED TO READ: 7 SECTION 3. DEFINITIONS. 8 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 9 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION, UNLESS THE 10 CONTEXT CLEARLY INDICATES OTHERWISE: 11 * * * 12 "LOCAL GOVERNMENT UNIT." ANY CITY, BOROUGH, TOWNSHIP [OR], 13 TOWN[.] OR A MUNICIPALITY OPERATING UNDER A FORM OF GOVERNMENT 14 PROVIDED FOR IN 53 PA.C.S. PT. III SUBPT. E (RELATING TO HOME 15 RULE AND OPTIONAL PLAN GOVERNMENT). 16 * * * 17 SECTION 2. SECTION 14.1(A) OF THE ACT, AMENDED NOVEMBER 23, 18 1994 (P.L.621, NO.96), IS AMENDED AND THE SECTION IS AMENDED BY 19 ADDING A SUBSECTION TO READ: 20 SECTION 14.1. PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS. 21 (A) STATE AGRICULTURAL LAND PRESERVATION BOARD.--THE 22 DEPARTMENT OF AGRICULTURE AND THE STATE AGRICULTURAL LAND 23 PRESERVATION BOARD SHALL ADMINISTER PURSUANT TO THIS SECTION A 24 PROGRAM FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS 25 BY THE COMMONWEALTH. 26 (1) THERE IS ESTABLISHED WITHIN THE DEPARTMENT OF 27 AGRICULTURE AS A DEPARTMENTAL BOARD THE STATE AGRICULTURAL 28 LAND PRESERVATION BOARD. THE STATE BOARD SHALL CONSIST OF 17 29 MEMBERS. 30 (I) THERE SHALL BE EIGHT VOTING EX OFFICIO MEMBERS 19970H1595B3861 - 13 -
1 OF THE STATE BOARD: THE SECRETARY OF AGRICULTURE, WHO 2 SHALL SERVE AS THE BOARD CHAIRMAN; THE [SECRETARY OF 3 COMMUNITY AFFAIRS] SECRETARY OF COMMUNITY AND ECONOMIC 4 DEVELOPMENT, OR HIS DESIGNEE; THE [SECRETARY OF 5 ENVIRONMENTAL RESOURCES] SECRETARY OF ENVIRONMENTAL 6 PROTECTION, OR HIS DESIGNEE; THE CHAIRMAN AND THE 7 MINORITY CHAIRMAN OF THE HOUSE AGRICULTURE AND RURAL 8 AFFAIRS COMMITTEE, OR THEIR DESIGNEES; THE CHAIRMAN AND 9 THE MINORITY CHAIRMAN OF THE SENATE AGRICULTURE AND RURAL 10 AFFAIRS COMMITTEE, OR THEIR DESIGNEES; AND THE DEAN OF 11 THE COLLEGE OF [AGRICULTURE] AGRICULTURAL SCIENCES OF THE 12 PENNSYLVANIA STATE UNIVERSITY, OR HIS DESIGNEE. 13 (II) FIVE MEMBERS SHALL BE APPOINTED BY THE 14 GOVERNOR. ONE MEMBER SHALL BE A CURRENT MEMBER OF THE 15 GOVERNING BODY OF A COUNTY, ONE MEMBER SHALL BE A PERSON 16 WHO IS RECOGNIZED AS HAVING SIGNIFICANT KNOWLEDGE IN 17 AGRICULTURAL FISCAL AND FINANCIAL MATTERS, ONE MEMBER 18 SHALL BE AN ACTIVE RESIDENT FARMER OF THIS COMMONWEALTH, 19 ONE MEMBER SHALL BE A RESIDENTIAL, COMMERCIAL OR 20 INDUSTRIAL BUILDING CONTRACTOR, AND ONE MEMBER SHALL BE A 21 CURRENT MEMBER OF A GOVERNING BODY. INITIALLY, TWO 22 MEMBERS SHALL BE APPOINTED FOR A TERM OF FOUR YEARS, TWO 23 MEMBERS SHALL BE APPOINTED FOR A TERM OF THREE YEARS AND 24 ONE MEMBER SHALL BE APPOINTED FOR A TERM OF TWO YEARS. 25 THEREAFTER, THE TERMS OF ALL MEMBERS APPOINTED HEREIN 26 SHALL BE FOUR YEARS. THE TERM OF A PERSON APPOINTED TO 27 REPLACE ANOTHER MEMBER WHOSE TERM HAS NOT EXPIRED SHALL 28 BE ONLY THE UNEXPIRED PORTION OF THAT TERM. MEMBERS MAY 29 BE REAPPOINTED TO SUCCESSIVE TERMS. 30 (III) ONE MEMBER EACH SHALL BE APPOINTED BY THE 19970H1595B3861 - 14 -
1 SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE MINORITY 2 LEADER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT PRO 3 TEMPORE OF THE SENATE AND THE MINORITY LEADER OF THE 4 SENATE, WHO SHALL, AT THE TIME OF APPOINTMENT, BE 5 RESIDENT FARM OWNERS AND OPERATORS OF AT LEAST ONE 6 COMMERCIAL FARM IN THIS COMMONWEALTH. THE INITIAL TERM OF 7 THE APPOINTEE OF THE PRESIDENT PRO TEMPORE OF THE SENATE 8 SHALL BE FOUR YEARS, THE INITIAL TERM OF THE APPOINTEE OF 9 THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL BE 10 THREE YEARS, THE INITIAL TERM OF THE APPOINTEE OF THE 11 MINORITY LEADER OF THE SENATE SHALL BE TWO YEARS AND THE 12 INITIAL TERM OF THE APPOINTEE OF THE MINORITY LEADER OF 13 THE HOUSE OF REPRESENTATIVES SHALL BE ONE YEAR. 14 THEREAFTER, THE TERMS OF ALL APPOINTEES SHALL BE FOUR 15 YEARS. AN APPOINTMENT MADE TO FILL AN UNEXPIRED TERM 16 SHALL BE ONLY FOR THE DURATION OF THE UNEXPIRED TERM. 17 MEMBERS MAY BE REAPPOINTED TO SUCCESSIVE TERMS. 18 (2) NINE MEMBERS SHALL CONSTITUTE A QUORUM FOR PURPOSES 19 OF CONDUCTING MEETINGS AND OFFICIAL ACTIONS PURSUANT TO 20 AUTHORITY GIVEN TO THE STATE BOARD UNDER THIS ACT. 21 (3) IT SHALL BE THE DUTY AND RESPONSIBILITY OF THE STATE 22 BOARD TO EXERCISE THE FOLLOWING POWERS: 23 (I) TO ADOPT RULES AND REGULATIONS PURSUANT TO THIS 24 ACT: PROVIDED, THAT THE BOARD SHALL HAVE THE POWER AND 25 AUTHORITY TO PROMULGATE, ADOPT, PUBLISH AND USE 26 GUIDELINES FOR THE IMPLEMENTATION OF THIS ACT UNTIL 27 SEPTEMBER 30, 1990, OR THE EFFECTIVE DATE OF FINAL RULES 28 AND REGULATIONS, WHICHEVER FIRST OCCURS, PENDING ADOPTION 29 OF FINAL RULES AND REGULATIONS. GUIDELINES PROPOSED UNDER 30 THE AUTHORITY OF THIS SECTION SHALL BE SUBJECT TO REVIEW 19970H1595B3861 - 15 -
1 BY THE GENERAL COUNSEL AND THE ATTORNEY GENERAL IN THE 2 MANNER PROVIDED FOR THE REVIEW OF PROPOSED RULES AND 3 REGULATIONS PURSUANT TO THE ACT OF OCTOBER 15, 1980 4 (P.L.950, NO.164), KNOWN AS THE "COMMONWEALTH ATTORNEYS 5 ACT," BUT SHALL NOT BE SUBJECT TO REVIEW PURSUANT TO THE 6 ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE 7 "REGULATORY REVIEW ACT." 8 (II) TO ADOPT RULES OF PROCEDURE AND BYLAWS 9 GOVERNING THE OPERATIONS OF THE STATE BOARD AND THE 10 CONDUCT OF ITS MEETINGS. 11 (III) TO REVIEW, AND ACCEPT OR REJECT, THE 12 RECOMMENDATION MADE BY A COUNTY BOARD FOR THE PURCHASE OF 13 AN AGRICULTURAL CONSERVATION EASEMENT BY THE 14 COMMONWEALTH. 15 (IV) TO EXECUTE AGREEMENTS TO PURCHASE AGRICULTURAL 16 CONSERVATION EASEMENTS IN THE NAME OF THE COMMONWEALTH IF 17 RECOMMENDED BY A COUNTY AND APPROVED BY THE STATE BOARD 18 AS PROVIDED IN SUBPARAGRAPH (III). 19 (V) TO PURCHASE IN THE NAME OF THE COMMONWEALTH 20 AGRICULTURAL CONSERVATION EASEMENTS IF RECOMMENDED BY A 21 COUNTY AND APPROVED BY THE STATE BOARD AS PROVIDED IN 22 SUBPARAGRAPH (III). 23 (VI) TO PURCHASE AGRICULTURAL CONSERVATION EASEMENTS 24 JOINTLY WITH A COUNTY IF RECOMMENDED BY A COUNTY AND 25 APPROVED BY THE STATE BOARD AS PROVIDED IN SUBPARAGRAPH 26 (III). 27 (VII) TO ALLOCATE STATE MONEYS AMONG COUNTIES FOR 28 THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS, IN 29 ACCORDANCE WITH PROVISIONS OF SUBSECTION (G). 30 (VIII) TO ESTABLISH AND MAINTAIN A CENTRAL 19970H1595B3861 - 16 -
1 REPOSITORY OF RECORDS WHICH SHALL CONTAIN RECORDS OF 2 COUNTY PROGRAMS FOR PURCHASING AGRICULTURAL CONSERVATION 3 EASEMENTS, RECORDS OF AGRICULTURAL CONSERVATION EASEMENTS 4 PURCHASED BY LOCAL GOVERNMENT UNITS AND COUNTIES, AND BY 5 LOCAL GOVERNMENT UNITS AND THE COMMONWEALTH, AND RECORDS 6 OF AGRICULTURAL CONSERVATION EASEMENTS PURCHASED BY THE 7 COMMONWEALTH. ALL RECORDS INDICATING THE PURCHASE OF 8 AGRICULTURAL CONSERVATION EASEMENTS SHALL REFER TO AND 9 DESCRIBE THE FARM LAND SUBJECT TO THE AGRICULTURAL 10 CONSERVATION EASEMENT. 11 (IX) TO RECORD AGRICULTURAL CONSERVATION EASEMENTS 12 PURCHASED BY THE COMMONWEALTH OR JOINTLY OWNED, IN THE 13 OFFICE OF THE RECORDER OF DEEDS OF THE COUNTY WHEREIN THE 14 AGRICULTURAL CONSERVATION EASEMENTS ARE LOCATED. 15 (X) TO ESTABLISH AND PUBLISH THE STANDARDS, CRITERIA 16 AND REQUIREMENTS NECESSARY FOR STATE BOARD APPROVAL OF 17 COUNTY PROGRAMS FOR PURCHASING AGRICULTURAL CONSERVATION 18 EASEMENTS. 19 (XI) TO REVIEW AND CERTIFY AND APPROVE, OR 20 DISAPPROVE, COUNTY PROGRAMS FOR PURCHASING AGRICULTURAL 21 CONSERVATION EASEMENTS. 22 (XII) TO EXERCISE OTHER DISCRETIONARY POWERS AS MAY 23 BE NECESSARY AND APPROPRIATE FOR THE EXERCISE AND 24 PERFORMANCE OF ITS DUTIES, POWERS AND RESPONSIBILITIES 25 UNDER THIS ACT. 26 (XIII) TO DETERMINE AN ANNUAL EASEMENT PURCHASE 27 THRESHOLD. 28 (XIV) TO REVIEW AND APPROVE OR DISAPPROVE FOR 29 RECERTIFICATION EACH COUNTY PROGRAM FOR THE PURCHASE OF 30 AGRICULTURAL CONSERVATION EASEMENTS. 19970H1595B3861 - 17 -
1 (XV) TO AUTHORIZE THE DEVELOPMENT OF A GUIDEBOOK 2 DEFINING ALL TECHNICAL ELEMENTS NECESSARY FOR A COMPLETE 3 APPLICATION FOR PURCHASE OF AN AGRICULTURAL CONSERVATION 4 EASEMENT. SUCH GUIDEBOOK SHALL INCLUDE MODEL FORMATS OF 5 THE SPECIFIC COMPONENTS OF APPLICATIONS. GUIDEBOOKS SHALL 6 BE DISTRIBUTED TO EVERY COUNTY WITH AN APPROVED PROGRAM 7 FOR PURCHASING AGRICULTURAL CONSERVATION EASEMENTS. 8 (4) THE STATE BOARD IS AUTHORIZED TO: 9 (I) TAKE THE ACTIONS NECESSARY TO QUALIFY FOR 10 FEDERAL GUARANTEES AND INTEREST RATE ASSISTANCE FOR 11 AGRICULTURAL EASEMENT PURCHASE LOANS UNDER CHAPTER 2 OF 12 THE FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT OF 13 1990 (PUBLIC LAW 101-624, 104 STAT. 3616). 14 (II) SEGREGATE FROM THE AGRICULTURAL CONSERVATION 15 EASEMENT PURCHASE FUND, INTO A FARMS FOR THE FUTURE TRUST 16 FUND, FUNDS NECESSARY TO QUALIFY FOR THE MAXIMUM AMOUNT 17 OF FUNDING MADE AVAILABLE UNDER THE FEDERAL ACT. THERE 18 SHALL BE DEPOSITED IN THIS TRUST FUND, AND ARE 19 APPROPRIATED FOR THE PURPOSES OF THIS ACT, ANY INTEREST 20 RATE ASSISTANCE SUBSIDIES PROVIDED BY PARTICIPATION IN 21 THE FEDERAL PROGRAM. THE STATE BOARD IS AUTHORIZED TO 22 DEPOSIT INTEREST ACCRUING ON MONEYS IN THE TRUST FUND, IN 23 EXCESS OF THE AMOUNTS NEEDED TO SATISFY INTEREST 24 PAYMENTS, IN THE AGRICULTURAL CONSERVATION EASEMENT 25 PURCHASE FUND. 26 * * * 27 (B.1) LOCAL GOVERNMENT UNIT PARTICIPATION.--ANY LOCAL 28 GOVERNMENT UNIT THAT HAS CREATED AN AGRICULTURAL SECURITY AREA 29 MAY PURCHASE AN AGRICULTURAL CONSERVATION EASEMENT TO PRESERVE 30 FARMLAND AS FOLLOWS: 19970H1595B3861 - 18 -
1 (1) A LOCAL GOVERNMENT UNIT, IN CONJUNCTION WITH A 2 COUNTY BOARD, MAY PARTICIPATE WITH THE STATE BOARD IN THE 3 PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS. TO PURCHASE 4 EASEMENTS ALONG WITH THE COUNTY OR THE COMMONWEALTH AS JOINT 5 OWNERS, THE LOCAL GOVERNMENT UNIT MUST FIRST RECOMMEND THE 6 PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS TO THE COUNTY 7 BOARD. UPON ACQUISITION OF THE EASEMENT, THE COUNTY BOARD 8 SHALL RECORD THE EASEMENT IN THE OFFICE OF THE RECORDER OF 9 DEEDS IN THE COUNTY IN WHICH THE EASEMENT IS LOCATED. THE 10 COUNTY BOARD SHALL SUBMIT TO THE STATE BOARD A CERTIFIED COPY 11 OF ANY JOINTLY PURCHASED AGRICULTURAL EASEMENT WITHIN 30 DAYS 12 AFTER IT IS RECORDED. THE COUNTY BOARD SHALL ATTACH TO ALL 13 CERTIFIED COPIES OF THE AGRICULTURAL CONSERVATION EASEMENTS 14 SUBMITTED TO THE STATE BOARD A DESCRIPTION OF THE FARMLAND 15 SUBJECT TO THE AGRICULTURAL CONSERVATION EASEMENTS. 16 (2) A LOCAL GOVERNMENT UNIT MAY PURCHASE AN AGRICULTURAL 17 CONSERVATION EASEMENT ON ITS OWN, IF THE FOLLOWING CONDITIONS 18 ARE MET: 19 (I) THE AGRICULTURAL CONSERVATION EASEMENT IS 20 LOCATED WITHIN AN AGRICULTURAL SECURITY AREA OF AT LEAST 21 500 ACRES. 22 (II) THE DEED FOR THE AGRICULTURAL CONSERVATION 23 EASEMENT IS AT LEAST AS RESTRICTIVE AS THE DEED OF 24 AGRICULTURAL CONSERVATION EASEMENT PRESCRIBED BY THE 25 STATE BOARD FOR AGRICULTURAL CONSERVATION EASEMENTS 26 PURCHASED BY THE COMMONWEALTH. 27 (III) THE LOCAL GOVERNMENT UNIT RECORDS THE EASEMENT 28 IN THE OFFICE OF THE RECORDER OF DEEDS IN THE COUNTY IN 29 WHICH THE EASEMENT IS LOCATED AND PROVIDES WRITTEN NOTICE 30 OF THE PURCHASE TO THE STATE BOARD AND COUNTY BOARD. 19970H1595B3861 - 19 -
1 (3) THE LOCAL GOVERNMENT UNIT MAY INCUR DEBT PURSUANT TO 2 53 PA.C.S. PT. VII SUBPT. B (RELATING TO INDEBTEDNESS AND 3 BORROWING) FOR THE PURCHASE OF AGRICULTURAL CONSERVATION 4 EASEMENTS. 5 * * * 6 SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. D15L03JRW/19970H1595B3861 - 20 -