PRINTER'S NO. 981
No. 852 Session of 2001
INTRODUCED BY GREENLEAF, KITCHEN AND RHOADES, MAY 7, 2001
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MAY 7, 2001
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for the
21 Agricultural Lands Preservation Board.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 306 of the act of April 9, 1929 (P.L.177,
25 No.175), known as The Administrative Code of 1929, added
26 December 7, 1979 (P.L.478, No.100), is amended to read:
27 [Section 306. Agricultural Lands Condemnation Approval
1 Board.--(a) The Agricultural Lands Condemnation Approval Board
2 is hereby created as an independent administrative board and
3 shall be made up of six (6) members, consisting of the Director
4 of the Office of Policy and Planning, or his designee, the
5 Secretary of Agriculture, or his designee, the Secretary of
6 Environmental Resources, or his designee, the Secretary of
7 Transportation, or his designee, and two active farmers
8 appointed by the Governor, with the advice and consent of a
9 majority of the Senate, for a term of four (4) years. The
10 Secretary of Agriculture shall be chairman of such committee and
11 shall convene the committee from time to time as needed to carry
12 out its duties. The farm members of the committee shall be
13 reimbursed for actual expenses incurred in the performance of
14 their duties. Such expenses and any others incurred by the
15 committee shall be paid for from appropriations made to the
16 Office of State Planning and Development.
17 (b) Before condemning for any of the purposes set forth in
18 subsection (d) any agricultural lands, as classified by the
19 Agricultural Soil Conservation Service of the United States
20 Department of Agriculture, which lands are being used for
21 productive agricultural purposes, but not including the growing
22 of timber, the Commonwealth of Pennsylvania and any of its
23 political subdivisions, agencies or authorities shall request
24 the Agricultural Lands Condemnation Approval Board to determine
25 that there is no reasonable and prudent alternative to the
26 utilization of such lands for the project.
27 (c) The board shall have sixty (60) days in which to
28 determine whether there is a feasible and prudent alternative to
29 the condemnation. If the board determines that there is no
30 feasible and prudent alternative, or if the board fails to act
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1 within sixty (60) days of receipt of the request, the requesting
2 body may proceed to condemn; otherwise, the condemnation shall
3 not be effected.
4 (d) The board shall have jurisdiction over condemnation for
5 the following purposes:
6 (1) Highway purposes, but not including activities relating
7 to existing highways such as, but not limited to, widening
8 roadways, the elimination of curves or reconstruction.
9 (2) Disposal of solid or liquid waste material, but not
10 including underground pipes used to transport waste.]
11 Section 306. Agricultural Lands Preservation Board.--(a)
12 The Agricultural Lands Preservation Board is hereby created as
13 an independent administrative board and shall be made up of
14 seven (7) members, consisting of the Director of the Bureau of
15 Farmland Protection in the Department of Agriculture, or his
16 designee, the Secretary of Agriculture, or his designee, the
17 Secretary of Environmental Protection, or his designee, the
18 Secretary of Transportation, or his designee, the Director of
19 the Governor's Office of Rural Affairs, or his designee, and two
20 active farmers appointed by the Governor, with the advice and
21 consent of a majority of the Senate, for a term of four (4)
22 years. The Secretary of Agriculture shall be chairman of the
23 Agricultural Lands Preservation Board and shall convene the
24 board from time to time as needed to carry out its duties. The
25 farm members of the board shall be reimbursed for actual
26 expenses incurred in the performance of their duties. Such
27 expenses and any others incurred by the board shall be paid for
28 from appropriations made to the Department of Agriculture.
29 (b) Before converting for any of the purposes set forth in
30 subsection (d) any agricultural lands, as classified by the
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1 Agricultural Soil Conservation Service of the United States
2 Department of Agriculture, which lands are being used for
3 productive agricultural purposes, but not including the growing
4 of timber, the Commonwealth and any of its political
5 subdivisions, agencies or authorities shall request the
6 Agricultural Lands Preservation Board to determine that there is
7 no feasible and prudent alternative to the utilization of such
8 lands for the project.
9 (c) The board shall have sixty (60) days in which to
10 determine whether there is a feasible and prudent alternative to
11 the conversion of agricultural lands. If the board determines
12 that there is no feasible and prudent alternative, or if the
13 board fails to act within sixty (60) days of receipt of the
14 request, the requesting body may proceed to convert the
15 agricultural lands; otherwise, the conversion shall not be
16 effected.
17 (d) The board shall have jurisdiction over conversion of
18 agricultural lands for the following purposes:
19 (1) Highway purposes, but not including activities relating
20 to existing highways such as, but not limited to, widening
21 roadways, the elimination of curves or reconstruction.
22 (2) Disposal of solid or liquid waste material, but not
23 including underground pipes used to transport waste.
24 (3) Sewage or water treatment facilities.
25 (e) For purposes of this section, the conversion of
26 agricultural lands shall include the condemnation of
27 agricultural lands or the rezoning of agricultural lands for any
28 of the purposes set forth in subsection (d). For purposes of
29 this section, the rezoning of agricultural lands shall include
30 any agricultural lands which were rezoned from agricultural use
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1 to another use within five (5) years prior to the date on which
2 an application was filed with the requesting body for a permit
3 to use the lands for a purpose set forth in subsection (d).
4 Section 2. This act shall take effect in 60 days.
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