Pennsylvania HB 1059: 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, for Agricultural Conservation Easement Purchase Fund and for Land Trust Reimbursement Program.

Bill Text

PRINTER'S NO. 1150
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1059
Session of
2025
INTRODUCED BY BRENNAN, GREINER, KENYATTA, KHAN, GUENST, BURGOS,
SANCHEZ, PASHINSKI, HILL-EVANS AND CEPEDA-FREYTIZ,
MARCH 26, 2025
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 26, 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, for Agricultural Conservation Easement Purchase
Fund and for Land Trust Reimbursement Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 14.1(b.2)(1) and 14.2(a)(2) and (3) of
the act of June 30, 1981 (P.L.128, No.43), known as the
Agricultural Area Security Law, are amended to read:
Section 14.1. Purchase of agricultural conservation easements.
* * *
(b.2) Eligible nonprofit entity participation.--An eligible
nonprofit entity may participate, along with an eligible county,
the Commonwealth and a local government unit eligible to
participate under subsection (b.1), in the preservation of
farmland through the purchase of agricultural conservation
easements.
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(1) The eligible nonprofit entity may purchase an
agricultural conservation easement if all of the following
apply:
(i) The agricultural conservation easement is a
joint purchase with the county and may include the
Commonwealth or a local government unit, or both.
(ii) The deed of agricultural conservation easement
is as prescribed by the State board for agricultural
conservation easements purchased by the Commonwealth.
(iii) The eligible nonprofit entity does not seek
reimbursement for the purchase of the agricultural
conservation easement under section 14.6(b).
* * *
Section 14.2. Agricultural Conservation Easement Purchase Fund.
(a) Purpose of fund.--
* * *
(2) Except as set forth in paragraph 3, the moneys
appropriated to the fund shall be utilized in accordance with
the expenditures and distribution authorized, required or
otherwise provided in the program for purchase of
agricultural conservation easements contained in section
14.1, and for the purpose of paying all costs, except
administrative costs, incurred by the Commonwealth or a
county incident to the purchase of agricultural conservation
easements.[, and for the purpose of reimbursing nonprofit
land conservation organizations for expenses incurred in
acquiring and transferring agricultural conservation
easements to the Commonwealth or a county.
(3) Each fiscal year, up to $200,000 of the money in the
fund may be used for the purpose of reimbursement allocation
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under section 14.6(b). Up to 10% of these funds may be used
for administrative expenses of the department incurred under
section 14.6(b).]
(3) By March 1 of each year, the State board shall make
the following annual allocations from the fund:
(i) The greater amount of $1,000,000 or 80% of the
amount restored to the fund under section 14.1(h)(8.2)
for the purpose of reimbursing eligible nonprofit
entities for the purchase of agricultural conservation
easements under section 14.6(b). The amount allocated
under this subparagraph shall not exceed 10% of the total
annual allocation made under section 14.1(h).
(ii) The amount of $200,000 plus 20% of the amount
restored to the fund under section 14.1(h)(8.2) for the
purpose of reimbursing eligible nonprofit entities for
transaction expenses under section 14.6(c) relating to
the purchase of agricultural conservation easements under
section 14.6(b). Up to $20,000 of the amount allocated
under this subparagraph for transaction expenses relating
to the purchase of agricultural conservation easements
may be used for administrative expenses incurred by the
department under section 14.6(b) and (c).
* * *
Section 2. Section 14.6(b), (c), (d) and (e) of the act are
amended and the section is amended by adding subsections to
read:
Section 14.6. Land Trust Reimbursement Program.
* * *
(b) Reimbursement.--[The State board may] In accordance with
section 14.2(a)(3), the State board shall allocate funds to
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reimburse land trusts for the purchase of agricultural
conservation easements and for transaction expenses incurred in
acquiring agricultural conservation easements in this
Commonwealth. Money allocated under this subsection which has
not been expended by December 31 of the year in which the money
was allocated shall lapse back to the fund.
(c) Eligible transaction expenses.--Eligible transaction
expenses include:
(1) Appraisals.
(2) Legal services.
(3) Title searches.
(4) Document preparation.
(5) Title insurance.
(6) Closing fees.
(7) Survey costs.
(c.1) Eligible purchase expenses.--Eligible agricultural
conser