PRINTER'S NO. 3636
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2926
Session of
2022
INTRODUCED BY RABB, HILL-EVANS, FREEMAN, SANCHEZ, D. WILLIAMS,
HOHENSTEIN AND MADDEN, NOVEMBER 21, 2022
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
NOVEMBER 21, 2022
AN ACT
Establishing the Pennsylvania Agroforestry Program and the
Pennsylvania Agroforestry Fund; providing grants to resident
farmers and resident small businesses; and imposing duties on
Department of Agriculture.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
Agroforestry Program Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agroforestry." A method or system of farming which
incorporates the use of trees and undergrowth, including, but
not limited to, alley cropping, forest farming, riparian forest
buffers, silvopasture or windbreaks.
"Alley cropping." Planting crops between rows of trees to
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provide income while the trees mature. Alley cropping may be
designed to produce fruits, vegetables, grains, flowers, herbs,
bioenergy feedstocks and other similar products.
"Department." The Department of Agriculture of the
Commonwealth.
"Forest farming." Farming operations which grow food,
herbal, botanical or decorative crops under a forest canopy that
is managed to provide ideal shade levels as well as other
products.
"Program." The Pennsylvania Agroforestry Program established
under section 3.
"Resident farmer." A commercial farmer who utilizes lands in
this Commonwealth for the practice of farming as a primary
income and whose primary occupation is farming.
"Resident small business." A small business whose owners are
residents of this Commonwealth and which is located and conducts
business in this Commonwealth.
"Riparian forest buffers." Natural or reestablished areas
along rivers and streams made up of trees, shrubs and grasses
which help filter farm runoff and prevent erosion.
"Silvopasture." Combining trees with livestock and forage on
one piece of land.
"Windbreak." Trees planted to shelter crops, animals,
buildings and soil from the elements of the weather.
Section 3. Program.
(a) Establishment.--The Pennsylvania Agroforestry Program is
established and shall be administered by the department in
consultation with the Department of Conservation and Natural
Resources.
(b) Purpose.--The purpose of the program is to:
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(1) Provide incentives for farmers to incorporate
agroforestry methods into farming practices.
(2) Encourage businesses within this Commonwealth to
purchase or process produce derived from agroforestry.
(3) Educate the public regarding agroforestry and the
resulting products available in this Commonwealth.
Section 4. Administration.
(a) Application.--A resident farmer or resident small
business may submit an application to the department, in a form
and manner prescribed by the department, for participation in
the program.
(b) Application period.--When money is available for the
program during a fiscal year, the department shall begin to
accept applications from resident farmers and resident small
businesses to obtain money provided for under this act. The
department shall provide notice of the application period and
process on the department's publicly accessible Internet
website.
(c) Application deadline.--The department shall establish a
deadline for the submission of applications during a fiscal year
and post the application deadline on the department's publicly
accessible Internet website.
(d) Review.--
(1) The department shall review completed applications
for participation in the program.
(2) If accepted for participation, a resident farmer or
resident small business shall be required to agree, in
writing, to the terms and conditions established by the
department.
(3) If participation is denied in whole or in part, the
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department shall provide the applicant with the reason for
the denial.
(e) Agreement.--
(1) The department shall require:
(i) All participating resident farmers to contribute
at least 20% of the award received under this act toward
the cost of participating in the program.
(ii) All participating resident small businesses to
contribute 10% of the award received under this act
toward the cost of participating in the program.
(2) The department shall require all participating
resident farmers to establish and maintain agroforestry
practices for a period of 10 years or maintain a tree nursery
to grow conservation trees utilized in agroforestry, such as
fruit and nut trees, that generates an annual income for a
period of 10 years.
(3) The department shall require all participating
resident small businesses to purchase or process produce
derived from agroforestry in this Commonwealth subject to the
department's guidelines. The department shall establish
guidelines detailing the amount or percentage of business
that must include the purchasing or processing of produce
derived from agroforestry in this Commonwealth.
(4) A participating resident farmer or resident small
business who fails to maintain the required practices and
comply with all the terms of the agreement shall be required
to return all money received under the program.
(5) At the successful completion of participation in the
program, a participating resident farmer may agree to
participate in the program for one additional 10-year period
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and a participating resident small business may agree to
participate in the program for one additional seven-year
period.
(f) Awareness.--
(1) The department shall engage in efforts to educate
resident farmers and resident small business owners about the
program and increase public awareness of the program,
including the benefits of supporting resident farmers and
resident small business owners who utilize agroforestry
practices in this Commonwealth.
(2) The education and awareness efforts shall be
accomplished through printed material, media-related efforts
and other sources that may include public service
announcements, public awareness campaigns and media literacy.
Section 5. Pennsylvania Agroforestry Fund and awards.
(a) Establishment.--The Pennsylvania Agroforestry Fund is
established as a fund within the State Treasury to be used for
awarding money under this act.
(b) Resident farmer award.--
(1) The department shall establish award amounts for
each 10-year participation agreement which may not exceed
$100,000 for a single participating resident farmer, of which
up to $5,000 may be used by participating resident farmers to
obtain training, advice and support from consultants on
agroforestry practices.
(2) The department shall consider the acreage utilized
and number of agroforestry practices applied when determining
the amount of each award.
(3) In cases of tree nurseries, the department may
consider the number of tree nurseries within this
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Commonwealth that are producing conservation trees that
generate an annual income and the output of the existing tree
nurseries.
(4) The department may allow larger award amounts for
increased acreage utilized and the utilization of multiple
types of agroforestry practices.
(c) Resident small business award.--
(1) The department shall award amounts up to $10,000 for
resident small businesses which agree to purchase or process
produce derived from agroforestry in this Commonwealth.
(2) A participating resident small business must agree
to purchase or process a minimum amount of produce each year
for a seven-year period which is established by the
department.
(d) Transfer.--
(1) In addition to other money appropriated to the
department for awards under the program, the sum of
$50,000,000 is transferred to the Pennsylvania Agroforestry
Fund from money received by the Commonwealth under section
9901 of the American Rescue Plan Act of 2021 (Public Law 117-
2, 135 Stat. 4) and deposited into the COVID-19 Response
Restricted Account for the purpose of awarding grants under
the program.
(2) An amount equal to 20% of the proceeds received by
the Commonwealth from Regional Greenhouse Gas Initiative
auction proceeds under the CO2 Budget Trading Program shall
be transferred to the Pennsylvania Agroforestry Fund annually
for the purpose of awarding grants under the program.
(3) The program is authorized to accept additional funds
that may be provided by government or private sources,
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including donations.
(e) Apportionment of awards.--Of the total sums received for
the program, 90% shall be apportioned for awards to
participating resident farmers and 10% shall be apportioned for
awards to participating resident small businesses.
Section 6. Effective date.
This act shall take effect in 60 days.
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