PRIOR PRINTER'S NOS. 867, 879, 975 PRINTER'S NO. 1026
No. 723 Session of 2005
INTRODUCED BY WENGER, WAUGH, VANCE, ERICKSON, MUSTO, RAFFERTY, GREENLEAF, EARLL, BROWNE, O'PAKE, LEMMOND, PILEGGI, PICCOLA, ORIE, ROBBINS, FERLO, WONDERLING, ARMSTRONG AND THOMPSON, JUNE 3, 2005
AS AMENDED ON THIRD CONSIDERATION, JUNE 28, 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 statement of legislative findings, for 4 definitions, for purchase of agricultural conservation 5 easements and for legislative report. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Section 2 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 paragraph to read: 11 Section 2. Statement of legislative findings. 12 It is the declared policy of the Commonwealth to conserve and 13 protect and to encourage the development and improvement of its 14 agricultural lands for the production of food and other 15 agricultural products. It is also the declared policy of the 16 Commonwealth to conserve and protect agricultural lands as 17 valued natural and ecological resources which provide needed 18 open spaces for clean air, as well as for aesthetic purposes.
1 Article VIII, section 2 of the Constitution of Pennsylvania 2 provides that the General Assembly may, by law, establish 3 standards and qualifications for agricultural reserves. 4 Agriculture in many parts of the Commonwealth is under urban 5 pressure from expanding metropolitan areas. This urban pressure 6 takes the form of scattered development in wide belts around 7 urban areas, and brings conflicting land uses into 8 juxtaposition, creates high costs for public services, and 9 stimulates land speculation. When this scattered development 10 extends into good farm areas, ordinances inhibiting farming tend 11 to follow, farm taxes rise, and hopes for speculative gains 12 discourage investments in farm improvements. Many of the 13 agricultural lands in the Commonwealth are in jeopardy of being 14 lost for any agricultural purposes. Certain of these lands 15 constitute unique and irreplaceable land resources of Statewide 16 importance. It is the purpose of this act to provide means by 17 which agricultural land may be protected and enhanced as a 18 viable segment of the Commonwealth's economy and as an economic 19 and environmental resource of major importance. 20 It is further the purpose of this act to: 21 * * * 22 (6) Encourage financial partnerships between State and 23 local governments with nonprofit entities in order to 24 increase the funds available for agricultural conservation 25 easement purchases. 26 Section 2. Section 3 of the act is amended by adding a 27 definition to read: 28 Section 3. Definitions. 29 The following words and phrases when used in this act shall 30 have the meanings given to them in this section, unless the 20050S0723B1026 - 2 -
1 context clearly indicates otherwise: 2 * * * 3 "Eligible nonprofit entity." An entity that provides an 4 eligible county adequate proof of SATISFACTORY PROOF OF ALL OF <-- 5 the following: 6 (1) That the entity is tax exempt under section 7 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 8 99-514, 26 U.S.C. § 501(c)(3)). 9 (2) That the entity has as a primary purpose the 10 preservation of agricultural land. 11 (3) That the entity's principal registered business 12 address is located either within the eligible county or is 13 located in a county that adjoins the eligible county. 14 (4) That the entity has acquired, whether through 15 purchase, donation or other transfer, at least one 16 agricultural conservation easement within the eligible county 17 in the preceding or current calendar year. 18 * * * 19 Section 3. Section 14.1(a)(3)(vi) and (viii), (b)(2)(i)(B) 20 and (C), (xi) and (xii) and (b.1) introductory paragraph of the 21 act, amended or added December 21, 1998 (P.L.1056, No.138) and 22 May 30, 2001 (P.L.103, No.14), are amended, subsection (b)(2)(i) 23 is amended by adding a clause and the section is amended by 24 adding a subsection to read: 25 Section 14.1. Purchase of agricultural conservation easements. 26 (a) State Agricultural Land Preservation Board.--The 27 Department of Agriculture and the State Agricultural Land 28 Preservation Board shall administer pursuant to this section a 29 program for the purchase of agricultural conservation easements 30 by the Commonwealth. 20050S0723B1026 - 3 -
1 * * * 2 (3) It shall be the duty and responsibility of the State 3 board to exercise the following powers: 4 * * * 5 (vi) To purchase agricultural conservation easements 6 jointly with a county, or or jointly with a county and a <-- 7 local government unit, or jointly with a county and an 8 eligible nonprofit entity, or jointly with a county, a 9 local government unit and an eligible nonprofit entity, 10 if recommended by a county and approved by the State 11 board as provided in subparagraph (iii). 12 * * * 13 (viii) To establish and maintain a central 14 repository of records which shall contain records of 15 county programs for purchasing agricultural conservation 16 easements, records of agricultural conservation easements 17 purchased by local government units, by local government 18 units and counties [and], by local government units and 19 the Commonwealth, by eligible nonprofit entities in 20 accordance with subsection (b.2), and records of 21 agricultural conservation easements purchased by the 22 Commonwealth. All records indicating the purchase of 23 agricultural conservation easements shall refer to and 24 describe the farm land subject to the agricultural 25 conservation easement. 26 * * * 27 (b) County programs.--After the establishment of an 28 agricultural security area by the governing body, the county 29 governing body may authorize a program to be administered by the 30 county board for purchasing agricultural conservation easements 20050S0723B1026 - 4 -
1 from landowners whose land is either within an agricultural 2 security area or in compliance with the criteria set forth in 3 paragraph (2)(i). 4 * * * 5 (2) It shall be the duty and responsibility of the 6 county board to exercise the following powers: 7 (i) * * * 8 (A.1) To opt to include in such rules and 9 regulations, standards and procedures to permit 10 participation with eligible nonprofit entities in the 11 purchase of agricultural conservation easements as 12 described in subsection (b.2). 13 (B) To include in such rules and regulations, 14 standards and procedures for the selection or 15 purchase of agricultural conservation easements by 16 the county solely [or jointly with either the 17 Commonwealth or a local government unit, or both], or 18 jointly with the Commonwealth, a local government 19 unit, an eligible nonprofit entity, or any 20 combination of these, on that portion of a parcel 21 which is not within an agricultural security area if 22 all of the following criteria are complied with: 23 (I) The land is part of a parcel of farm 24 land which is bisected by the dividing line 25 between two local government units. 26 (II) The majority of the farm's viable 27 agricultural land is located within an existing 28 agricultural security area. Upon purchase of an 29 easement covering the portion of the parcel which 30 is not located within an agricultural security 20050S0723B1026 - 5 -
1 area, that portion of the parcel shall 2 immediately become part of the previously 3 established agricultural security area which 4 contains a majority of the farm's viable 5 agricultural land. The governing body which 6 created the agricultural security area which 7 contains a majority of the farm's viable 8 agricultural land shall be responsible for the 9 recording, filing and notification outlined in 10 section 8(d) and (g) concerning land added to the 11 agricultural security area pursuant to this 12 clause. 13 (C) To include in such rules and regulations, 14 standards and procedures for the selection or 15 purchase of agricultural conservation easements by 16 the county solely or jointly with either the 17 Commonwealth or a local government unit, or both, on 18 that portion of a parcel located in an adjoining 19 county if all of the following criteria are complied 20 with: 21 (I) The land is part of a parcel of farm 22 land which is bisected by the dividing line 23 between the purchasing county and the adjoining 24 county. 25 (II) Either a mansion house is located on 26 that portion of the parcel which is within the 27 purchasing county or the dividing line between 28 the counties bisects the mansion house and the 29 owner of the parcel has chosen the purchasing 30 county as the situs of assessment for tax 20050S0723B1026 - 6 -
1 purposes or, if there is no mansion house on the 2 parcel, the majority of the farm's viable 3 agricultural land is located in the purchasing 4 county. 5 (III) The portion of the parcel located in 6 the purchasing county is within an agricultural 7 security area. Upon purchase of an easement by 8 the purchasing county covering that portion of 9 the parcel located in the adjoining county, the 10 portion of the parcel located in the adjoining 11 county shall immediately become part of the 12 agricultural security area previously established 13 in the purchasing county. The governing body 14 which created the agricultural security area in 15 the purchasing county shall be responsible for 16 the recording, filing and notification outlined 17 in section 8(d) and (g) concerning land added to 18 the agricultural security area pursuant to this 19 clause. 20 * * * 21 (xi) To recommend to the State board the purchase of 22 agricultural conservation easements by the Commonwealth 23 and the county jointly[.], or jointly with the 24 Commonwealth, the county and a local government unit, or 25 jointly with the Commonwealth, the county and an eligible 26 nonprofit entity, or jointly with the Commonwealth, the 27 county, a local government unit and an eligible nonprofit 28 entity. 29 (xii) To purchase agricultural conservation 30 easements jointly with the Commonwealth[.], or jointly 20050S0723B1026 - 7 -
1 with the Commonwealth, the county and a local government 2 unit, or jointly with the Commonwealth, the county and an 3 eligible nonprofit entity, or jointly with the 4 Commonwealth, the county, a local government unit and an 5 eligible nonprofit entity. 6 * * * 7 (b.1) Local government unit participation.--Any local 8 government unit that has created an agricultural security area 9 may participate along with an eligible county and the 10 Commonwealth, and an eligible nonprofit entity, in the 11 preservation of farmland through the purchase of agricultural 12 conservation easements. 13 * * * 14 (b.2) Eligible nonprofit entity participation.--To the 15 extent provided for in clause (A.1), an eligible nonprofit 16 entity may participate along with an eligible county, the 17 Commonwealth and a local government unit eligible to participate 18 under subsection (b.1), in the preservation of farmland through 19 the purchase of agricultural conservation easements. 20 (1) The eligible nonprofit entity may purchase an 21 agricultural conservation easement if all of the following 22 apply: 23 (i) The agricultural conservation easement is a 24 joint purchase with the county, and may include the 25 Commonwealth or a local government unit, or both. 26 (ii) The deed of agricultural conservation easement 27 is as prescribed by the State board for agricultural 28 conservation easements purchased by the Commonwealth. 29 (2) The county board shall be responsible to record 30 agricultural conservation easements where an eligible 20050S0723B1026 - 8 -
1 nonprofit entity is a party to the purchase of the easement. 2 The easement shall be recorded by the county board in the 3 office of the recorder of deeds of the county wherein the 4 agricultural conservation easements are located. The county 5 board shall submit to the State board a certified copy of 6 agricultural conservation easements within 30 days after 7 recording. The county board shall attach to all certified 8 copies of the agricultural conservation easements submitted 9 to the State board a description of the farmland subject to 10 the agricultural conservation easements. 11 Section 4. Section 14.4(7) of the act, added December 14, 12 1988 (P.L.1202, No.149), is amended to read: 13 Section 14.4. Legislative report. 14 The State board shall submit to the General Assembly an 15 annual report no later than May 1. The report shall include, but 16 not be limited to, the following information: 17 * * * 18 (7) The number and value of agricultural conservation 19 easements purchased jointly by the Commonwealth and the 20 counties, including the number and value of purchases made 21 during the preceding calendar and the preceding fiscal year 22 of the Commonwealth, and the extent of local government unit 23 or eligible nonprofit entity participation in the 24 transaction. 25 * * * 26 Section 5. The amendment or addition of the following 27 provisions shall apply to an agricultural conservation easement 28 jointly recorded with a recorder of deeds of this Commonwealth 29 by an "eligible nonprofit entity," as defined in section 3 of 30 the act, and a county or with the Commonwealth prior to or on or 20050S0723B1026 - 9 -
1 after the effective date of this section: 2 (1) The addition of section 2(6) of the act. 3 (2) The addition of the definition of "eligible 4 nonprofit entity" in section 3 of the act. 5 (3) The amendment of section 14.1(a)(3)(vi) and (viii), 6 (b)(2)(i)(B) and (C) and (xi) of the act. 7 (4) The amendment of section 14.4(7) of the act. 8 Section 6. This act shall take effect immediately. E18L03MSP/20050S0723B1026 - 10 -