Pennsylvania Act 1998-138 — AGRICULTURAL AREAS SECURITY LAW - OMNIBUS AMENDMENTS

Act text

AGRICULTURAL AREAS SECURITY LAW - OMNIBUS AMENDMENTS
                 Act of Dec. 21, 1998, P.L. 1056, No. 138             Cl. 03
                             Session of 1998
                               No. 1998-138

     SB 930

                                  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 the State Agricultural Land Preservation Board;
        providing for local government unit participation; further
        providing for Commonwealth indebtedness; and making editorial
        changes.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definition of "local government unit" in
     section 3 of the act of June 30, 1981 (P.L.128, No.43), known as
     the Agricultural Area Security Law, amended December 14, 1988
     (P.L.1202, No.149), is amended to read:
      Section 3.  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:
        * * *
        "Local government unit."  Any city, borough, township or town
     or any home rule municipality, optional plan municipality,
     optional charter municipality or similar general purpose unit of
     government which may be created or authorized by statute.
        * * *
        Section 2.  Section 14.1(a) of the act, amended November 23,
     1994 (P.L.621, No.96), is amended, the section is amended by
     adding a subsection and subsection (c)(5) is amended by adding
     subparagraphs to read:
      Section 14.1.  Purchase of agricultural conservation easements.
        (a)  State Agricultural Land Preservation Board.--The
     Department of Agriculture and the State Agricultural Land
     Preservation Board shall administer pursuant to this section a
     program for the purchase of agricultural conservation easements
     by the Commonwealth.
            (1)  There is established within the Department of
        Agriculture as a departmental board the State Agricultural
        Land Preservation Board. The State board shall consist of 17
        members.
                (i)  There shall be eight voting ex officio members
            of the State board: the Secretary of Agriculture, who
            shall serve as the board chairman; the [Secretary of
            Community Affairs] Secretary of Community and Economic
            Development, or his designee; the [Secretary of
            Environmental Resources] Secretary of Environmental
            Protection, or his designee; the Chairman and the
            Minority Chairman of the House Agriculture and Rural
            Affairs Committee, or their designees; the Chairman and
            the Minority Chairman of the Senate Agriculture and Rural
            Affairs Committee, or their designees; and the Dean of
            the College of [Agriculture] Agricultural Sciences of The
            Pennsylvania State University, or his designee.
                (ii)  Five members shall be appointed by the
            Governor. One member shall be a current member of the
            governing body of a county, one member shall be a person
            who is recognized as having significant knowledge in
            agricultural fiscal and financial matters, one member
            shall be an active resident farmer of this Commonwealth,
            one member shall be a residential, commercial or
            industrial building contractor, and one member shall be a
            current member of a governing body. Initially, two
            members shall be appointed for a term of four years, two
            members shall be appointed for a term of three years and
            one member shall be appointed for a term of two years.
            Thereafter, the terms of all members appointed herein
            shall be four years. The term of a person appointed to
            replace another member whose term has not expired shall
            be only the unexpired portion of that term. Members may
            be reappointed to successive terms.
                (iii)  One member each shall be appointed by the
            Speaker of the House of Representatives, the Minority
            Leader of the House of Representatives, the President pro
            tempore of the Senate and the Minority Leader of the
            Senate, who shall, at the time of appointment, be
            resident farm owners and operators of at least one
            commercial farm in this Commonwealth. The initial term of
            the appointee of the President pro tempore of the Senate
            shall be four years, the initial term of the appointee of
            the Speaker of the House of Representatives shall be
            three years, the initial term of the appointee of the
            Minority Leader of the Senate shall be two years and the
            initial term of the appointee of the Minority Leader of
            the House of Representatives shall be one year.
            Thereafter, the terms of all appointees shall be four
            years. An appointment made to fill an unexpired term
            shall be only for the duration of the unexpired term.
            Members may be reappointed to successive terms.
            (2)  Nine members shall constitute a quorum for purposes
        of conducting meetings and official actions pursuant to
        authority given to the State board under this act.
            (3)  It shall be the duty and responsibility of the State
        board to exercise the following powers:
                (i)  To adopt rules and regulations pursuant to this
            act: Provided, That the board shall have the power and
            authority to promulgate, adopt, publish and use
            guidelines for the implementation of this act until
            September 30, 1990, or the effective date of final rules
            and regulations, whichever first occurs, pending adoption
            of final rules and regulations. Guidelines proposed under
            the authority of this section shall be subject to review
            by the General Counsel and the Attorney General in the
            manner provided for the review of proposed rules and
            regulations pursuant to the act of October 15, 1980
            (P.L.950, No.164), known as the "Commonwealth Attorneys
            Act," but shall not be subject to review pursuant to the
            act of June 25, 1982 (P.L.633, No.181), known as the
            "Regulatory Review Act."
                (ii)  To adopt rules of procedure and bylaws
            governing the operations of the State board and the
            conduct of its meetings.
                (iii)  To review, and accept or reject, the
            recommendation made by a county board for the purchase of
            an agricultural conservation easement by the
            Commonwealth.
                (iv)  To execute agreements to purchase agricultural
            conservation easements in the name of the Commonwealth if
            recommended by a county and approved by the State board
            as provided in subparagraph (iii).
                (v)  To purchase in the name of the Commonwealth
            agricultural conservation easements if recommended by a
            county and approved by the State board as provided in
            subparagraph (iii).
                (vi)  To purchase agricultural conservation easements
            jointly with a county if recommended by a county and
            approved by the State board as provided in subparagraph
            (iii).
                (vii)  To allocate State moneys among counties for
            the purchase of agricultural conservation easements, in
            accordance with provisions of subsection (g).
                (viii)  To establish and maintain a central
            repository of records which shall contain records of
            county programs for purchasing agricultural conservation
            easements, records of agricultural conservation easements
            purchased by local government units, by local government
            units and counties[,] and by local government units and
            the Commonwealth and records of agricultural conservation
            easements purchased by the Commonwealth. All records
            indicating the purchase of agricultural conservation
            easements shall refer to and describe the farm land
            subject to the agricultural conservation easement.
                (ix)  To record agricultural conservation easements
            purchased by the Commonwealth or jointly owned, in the
            office of the recorder of deeds of the county wherein the
            agricultural conservation easements are located.
                (x)  To establish and publish the standards, criteria
            and requirements necessary for State board approval of
            county programs for purchasing agricultural conservation
            easements.
                (xi)  To review and certify and approve, or
            disapprove, county programs for purchasing agricultural
            conservation easements.
                (xii)  To exercise other discretionary powers as may
            be necessary and appropriate for the exercise and
            performance of its duties, powers and responsibilities
            under this act.
                (xiii)  To determine an annual easement purchase
            threshold.
                (xiv)  To review and approve or disapprove for
            recertification each county program for the purchase of
            agricultural conservation easements.
                (xv)  To authorize the development of a guidebook
            defining all technical elements necessary for a complete
            application for purchase of an agricultural conservation
            easement. Such guidebook shall include model formats of
            the specific components of applications. Guidebooks shall
            be distributed to every county with an approved program
            for purchasing agricultural conservation easements.
            (4)  The State board is authorized to:
                (i)  Take the actions necessary to qualify for
            Federal guarantees and interest rate assistance for
            agricultural easement purchase loans under Chapter 2 of
            the Food, Agriculture, Conservation, and Trade Act of
            1990 (Public Law 101-624, 104 Stat. 3616).
                (ii)  Segregate from the Agricultural Conservation
            Easement Purchase Fund, into a Farms for the Future Trust
            Fund, funds necessary to qualify for the maximum amount
            of funding made available under the Federal act. There
            shall be deposited in this trust fund, and are
            appropriated for the purposes of this act, any interest
            rate assistance subsidies provided by participation in
            the Federal program. The State board is authorized to
            deposit interest accruing on moneys in the trust fund, in
            excess of the amounts needed to satisfy interest
            payments, in the Agricultural Conservation Easement
            Purchase Fund.
        * * *
        (b.1)  Local government unit participation.--Any local
     government unit that has created an agricultural security area
     may participate along with an eligible county and the
     Commonwealth in the preservation of farmland through the
     purchase of agricultural conservation easements.
            (1)  The local government unit, in conjunction with a
        county board, may participate with the State board in the
        purchase of agricultural conservation easements.
            (2)  The local government unit shall recommend to the
        county board the purchase of agricultural conservation
        easements by the eligible county and the local government
        unit as joint ownership.
            (3)  The local government unit shall recommend to the
        county board the purchase of agricultural conservation
        easements by the local government unit and the Commonwealth
        as joint ownership.
            (4)  The local government unit may purchase an
        agricultural conservation easement, provided that all of the
        following apply:
                (i)  The agricultural conservation easement is
            located within an agricultural security area of at least
            500 acres.
                (ii)  The deed of agricultural conservation easement
            is at least as restrictive as the deed of agricultural
            conservation easement prescribed by the State board for
            agricultural conservation easements purchased by the
            Commonwealth.
                (iii)  The local government unit shall participate
            with the county board in complying with paragraph (5) for
            recording any agricultural conservation easement
            purchased by the local government unit.
            (5)  The county board shall be responsible to record
        agricultural conservation easements where a local government
        unit is a party to the purchase of the easement. The easement
        shall be recorded by the county board in the office of the
        recorder of deeds of the county wherein the agricultural
        conservation easements are located. The county board shall
        submit to the State board a certified copy of agricultural
        conservation easements within 30 days after recording. The
        county board shall attach to all certified copies of the
        agricultural conservation easements submitted to the State
        board a description of the farmland subject to the
        agricultural conservation easements.
            (6)  The local government unit may incur debt pursuant to
        53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
        borrowing) for the purchase of agricultural conservation
        easements.
        (c)  Restrictions and limitations.--An agricultural
     conservation easement shall be subject to the following terms,
     conditions, restrictions and limitations:
            * * *
            (5)  Whenever any public entity, authority or political
        subdivision exercises the power of eminent domain and
        condemns land subject to an agricultural conservation
        easement, the condemnor shall provide just compensation to
        the owner of the land in fee and to the owner of the easement
        as follows:
                * * *
                (iii)  For easements owned jointly by the
            Commonwealth and an eligible county, if the eligible
            county commits its share of funds received under this
            paragraph toward the purchase of agricultural
            conservation easements, the condemnor shall provide the
            Commonwealth's share of funds to the eligible county for
            use in purchasing agricultural conservation easements in
            accordance with this act.
                (iv)  For easements owned by the Commonwealth, the
            condemnor shall provide the Commonwealth's share of funds
            received under this paragraph to the eligible county for
            use in purchasing agricultural conservation easements in
            accordance with this act.
                (v)  Funds received by an eligible county under this
            paragraph shall not be considered matching funds under
            subsection (h).
                (vi)  If an eligible county which receives funds
            under this paragraph fails to spend the Commonwealth's
            share of funds within two years of receipt of the funds,
            the eligible county shall pay the Commonwealth the
            Commonwealth's share of funds received under this
            paragraph plus 6% simple interest. These funds shall be
            deposited into the Agricultural Conservation Easement
            Purchase Fund.
            * * *
        Section 3.  Section 14.3(f) of the act, added December 14,
     1988 (P.L.1202, No.149), is amended to read:
      Section 14.3.  Commonwealth indebtedness.
        * * *
        (f)  Expiration.--Authorization to issue bonds and notes [(],
     not including refunding bonds and replacement notes[)], for the
     purposes of this act shall expire [ten years from the effective
     date of this section] February 13, 2004.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 21st day of December, A. D. 1998.

     THOMAS J. RIDGE