Pennsylvania Act 1993-75 — AGRICULTURAL AREA SECURITY LAW - AMEND ALLOCATION OF STATE MONEYS

Act text

AGRICULTURAL AREA SECURITY LAW - AMEND ALLOCATION OF STATE MONEYS
                  Act of Dec. 17, 1993, P.L. 522, No. 75              Cl. 03
                             Session of 1993

                               No. 1993-75

                                  AN ACT

     SB 1193

     Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
        act authorizing the creation of agricultural areas,"
        prohibiting reallocation of State moneys.

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

        Section 1.  Section 14.1(h)(7) and (8) of the act of June 30,
     1981 (P.L.128, No.43), known as the Agricultural Area Security
     Law, amended April 13, 1992 (P.L.100, No.23), are amended and
     the subsection is amended by adding a paragraph to read:
      Section 14.1.  Purchase of agricultural conservation easements.
        * * *
        (h)  Allocation of State moneys.--The State board shall make
     an annual allocation among counties, except counties of the
     first class, for the purchase of agricultural conservation
     easements.
            * * *
            (7)  The first annual allocation to a county under
        paragraphs (3), (4) and (5)(i) shall continue for three
        county fiscal years occurring after the effective date of
        this act, and the second and third such annual allocations
        shall each continue for two county fiscal years occurring
        after the effective date of this act. Thereafter each such
        annual allocation shall be for one county fiscal year. Such
        annual allocations which have not been expended or encumbered
        at the end of the period for which they were allocated shall
        be reallocated in the subsequent county fiscal year to a
        county which used at least 90% of the allocation made to the
        county at the start of the period. An annual allocation shall
        be considered to be encumbered and shall not be reallocated
        if, by December 31 of the year in which that annual
        allocation was made to the county, the department has
        received an agreement executed by the landowner and the
        county to purchase a specific agricultural conservation
        easement as part of the county board's recommendation for
        purchase. The reallocation to a county under this paragraph
        shall be the total amount of the annual allocation available
        for reallocation under this paragraph multiplied by a
        percentage equal to the annual appropriation of local moneys
        appropriated by the county for the purchase of agricultural
        conservation easements at the start of the county fiscal year
        in which the annual allocation was made divided by the
        aggregate of local moneys appropriated by all eligible
        counties for the purchase of agricultural conservation
        easements at the start of the county fiscal year in which the
        annual allocation was made. Money reallocated to a county
        under this paragraph shall be available for one county fiscal
        year. Money reallocated to a county under this paragraph that
        has not been spent or encumbered at the conclusion of one
        county fiscal year shall be restored to the fund. Such money
        shall be considered to be encumbered and shall not be
        restored to the fund if, by December 31 of the year in which
        a reallocation was made to the county, the department has
        received an agreement executed by the landowner and the
        county to purchase a specific agricultural conservation
        easement as part of the county board's recommendation for
        purchase.
            (8)  Initial allocations to counties under paragraphs (2)
        and (5)(ii) shall continue until the end of the fourth county
        fiscal year occurring after the effective date of this act.
        The sum of the total annual allocations of all counties under
        paragraphs (2) and (5)(ii) which have not been expended or
        encumbered by the end of the fourth county fiscal year, and
        every county fiscal year thereafter, occurring after the
        effective date of this act shall be reallocated in the
        subsequent county fiscal year to a county which used at least
        90% of the allocation made to the county at the start of the
        period. An annual allocation shall be considered to be
        encumbered and shall not be reallocated if, by December 31 of
        the year in which that annual allocation was made to the
        county, the department has received an agreement executed by
        the landowner and the county to purchase a specific
        agricultural conservation easement as part of the county
        board's recommendation for purchase. For purposes of
        determining eligibility for reallocation of funds and the
        amounts of reallocation, funds allocated to counties will be
        segregated and accounted for on a county fiscal year basis.
        Fifty percent of the amount available for allocation under
        this paragraph shall be reallocated in the manner set forth
        in paragraph (2), and 50% of the amount available for
        allocation under this paragraph shall be reallocated in the
        manner set forth in paragraphs (3), (4) and (5). For purposes
        of reallocating funds in the manner set forth in paragraph
        (2), realty transfer tax revenues used to calculate weighted
        transfer tax revenues shall correspond to the year for which
        funds are being reallocated and weighted transfer tax
        revenues shall be calculated only for counties eligible under
        this paragraph. Money reallocated to a county under this
        paragraph shall be available for one county fiscal year.
        Money reallocated to a county under this paragraph that has
        not been spent or encumbered at the conclusion of one county
        fiscal year shall be restored to the fund. Such money shall
        be considered to be encumbered and shall not be restored to
        the fund if, by December 31 of the year in which a
        reallocation was made to the county, the department has
        received an agreement executed by the landowner and the
        county to purchase a specific agricultural conservation
        easement as part of the county board's recommendation for
        purchase.
            * * *
            (10)  (i)  Notwithstanding any other provision of this
            subsection or any provision of regulations promulgated
            pursuant to this act, the department shall not reallocate
            funds which were allocated prior to January 1, 1994, if,
            by December 31, 1993, the department has received an
            agreement signed by the landowner and the county board to
            purchase a specific agricultural conservation easement as
            part of the county board's recommendation for purchase.
                (ii)  Nothing in this paragraph shall affect any
            reallocation made prior to the effective date of this
            paragraph.
        Section 2.  The provisions of 7 Pa. Code Ch. 138e (relating
     to Agricultural Conservation Easement Purchase Program), are
     abrogated insofar as they are inconsistent with this act.
        Section 3.  This act shall be retroactive to December 31,
     1993, if enacted after that date.
        Section 4.  This act shall take effect immediately.

     APPROVED--The 17th day of December, A. D. 1993.

     MARK L. SINGEL
     ACTING GOVERNOR