Pennsylvania HB 1584: An Act amending the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law, further providing for purchase of agricultural conservation easements.

Bill Text

PRINTER'S NO. 1893
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1584
Session of
2025
INTRODUCED BY GREINER, FEE, FRIEL, PROBST, GUENST, B. MILLER,
MENTZER, KUZMA, FLEMING, BRENNAN, D. WILLIAMS, GILLEN AND
ZIMMERMAN, JUNE 10, 2025
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 10, 2025
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 purchase of agricultural conservation
easements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 14.1(d)(1)(v) of the act of June 30, 1981
(P.L.128, No.43), known as the Agricultural Area Security Law,
is amended and subsection (i) is amended by adding paragraphs to
read:
Section 14.1. Purchase of agricultural conservation easements.
* * *
(d) Program approval.--
(1) The standards, criteria and requirements established
by the State board for State board approval of county
programs for purchasing agricultural conservation easements
shall include, but not be limited to, the extent to which the
county programs consider and address the following:
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* * *
(v) (I) Provisions requiring a farmland tract to be
contiguous acreage of at least 50 acres in size
unless the tract is at least ten acres in size and is
[either] utilized for a crop unique to the area [or
is], or is less than ten acres in size and is
contiguous to property which has a perpetual
conservation easement in place held by a "qualified
organization" as defined in section 170(h)(3) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. § 170(h)(3)).
(II) A county may require a farmland tract to be
contiguous acreage of at least 35 acres in size
unless the tract is at least ten acres in size and is
[either] utilized for a crop unique to the area [or
is], or is less than ten acres in size and is
contiguous to a property which has a perpetual
conservation easement in place held by a "qualified
conservation organization" as defined in section
170(h)(3) of the Internal Revenue Code of 1986. If a
county implements the provisions of this subclause,
State funds used for the purchase of an agricultural
conservation easement less than 50 acres in size may
include costs incidental to the purchase and shall
not exceed 50% of the purchase price per acre, unless
it is at least ten acres in size and is [either]
utilized for a crop unique to the area [or is], or is
less than ten acres in size and is contiguous to a
property which has a perpetual conservation easement
in place held by a "qualified conservation
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organization" as defined in section 170(h)(3) of the
Internal Revenue Code of 1986. A county program shall
require a minimum weighted value of 20% for
prioritizing applications for agricultural
conservation easement purchase when implementing the
provisions of paragraph (ii.1).
(III) A farmland tract that is less than ten
acres in size may be considered for agricultural
conservation easement purchase only if the tract is
added to a contiguous tract of land subject to an
agricultural conservation easement under this act. A
deed of merger shall be prepared and recorded with
the recorder of deeds to add the tract to the deed of
easement of the contiguous tract.
* * *
(i) Subdivision of land after easement purchase.--
* * *
(3) Notwithstanding the provisions of paragraph (1), a
county program shall provide for land subject to an
agricultural conservation easement to be subdivided under all
of the following conditions:
(i) The tract to be created by subdivision is less
than ten acres.
(ii) The tract created under subparagraph (i) is
contiguous to land subject to an agricultural
conservation easement under this act.
(iii) The tract created under subparagraph (i) is
conveyed or transferred to the owner of that contiguous
tract of land .
(iv) The tract created under subparagraph (i) is
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merged into the contiguous tract and deeds of merger are
prepared and recorded with the recorder of deeds to add
the tract:
(A) as a fee simple interest to the contiguous
parcel of the new owner; and
(B) to the deed of easement of the new owner.
(v) A tract from which a tract is subdivided under
subparagraph (i) shall continue to meet the provisions of
paragraph (1) and subsection (d)(1)(v).
(4) A subdivision under paragraph (3) shall not be
subject to roll-back taxes under the "Pennsylvania Farmland
and Forest Land Assessment Act of 1974."
(5) A tract created under paragraph (3)(i) may not be
used for the purpose of a residence under paragraph (1)(ii).
* * *
Section 2. This act shall take effect in 30 days.
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