act-1993-0-75•Pennsylvania Act 1993-75 — AGRICULTURAL AREA SECURITY LAW - AMEND ALLOCATION OF STATE MONEYS
Pennsylvania Act 1993-75 — AGRICULTURAL AREA SECURITY LAW - AMEND ALLOCATION OF STATE MONEYS
act-1993-0-751993 Pa. Act 75Law
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
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