Bill Text: PA HB2228 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for definitions and for the purchase of agricultural conservation easements.

Sponsorship: Slight Partisan Bill (Republican 8-5)

Status: (Introduced - Dead) 2012-02-29 - Referred to AGRICULTURE AND RURAL AFFAIRS [HB2228 Detail]

Download: Pennsylvania-2011-HB2228-Introduced.html

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PRINTER'S NO. 3150
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2228 Session of2012
INTRODUCED BY SONNEY, ELLIS, EVANKOVICH, FLECK, GERGELY, GODSHALL, HARKINS, HELM, HORNAMAN, MILLARD, PAYTON, SWANGER AND FABRIZIO, FEBRUARY 29, 2012
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 29, 2012
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 definitions and for the purchase of
agricultural conservation easements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of June 30, 1981 (P.L.128,
No.43), known as the Agricultural Area Security Law, is amended
by adding a definition 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:
* * *
"Wind power generation system." A system designed to collect
and utilize wind power, including the foundation of a wind
turbine and appurtenant structures, including, but not limited
to, new roads and bridges, transmission lines, substations and
other related buildings or structures.
Section 2. Section 14.1(c)(6) of the act, amended July 7,
2011 (P.L.247, No.44), is amended to read:
Section 14.1. Purchase of agricultural conservation easements.
* * *
(c) Restrictions and limitations.--An agricultural
conservation easement shall be subject to the following terms,
conditions, restrictions and limitations:
* * *
(6) An agricultural conservation easement shall not
prevent:
(i) The granting of leases, assignments or other
conveyances or the issuing of permits, licenses or other
authorization for the exploration, development, storage
or removal of coal or noncoal minerals by underground
mining methods, oil and gas by the owner of the subject
land or the owner of the underlying coal or noncoal
minerals by underground mining methods, oil and gas or
the owner of the rights to develop the underlying coal or
noncoal minerals by underground mining methods, oil and
gas, or the development of appurtenant facilities related
to the removal of coal or noncoal minerals by underground
mining methods, oil or gas development or activities
incident to the removal or development of such minerals.
(ii) The granting of rights-of-way by the owner of
the subject land in and through the land for a wind power
generation system or for the installation of,
transportation of, or use of water, sewage, electric,
telephone, coal or noncoal minerals by underground mining
methods, gas, oil or oil products lines.
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(iii) Construction and use of structures on the
subject land necessary for agricultural production or a
commercial equine activity.
(iv) Construction and use of structures on the
subject land for the landowner's principal residence or
for the purpose of providing necessary housing for
seasonal or full-time employees: Provided, That only one
such structure may be constructed on no more than two
acres of the subject land during the term of the
agricultural conservation easement.
(v) Customary part-time or off-season minor or rural
enterprises and activities which are provided for in the
county Agricultural Conservation Easement Purchase
Program approved by the State board under subsection (d).
(vi) Commercial equine activity on the subject land.
* * *
Section 3. The amendment of section 14.1(c)(6) of the act
shall apply to agricultural conservation easements executed
after June 29, 1981.
Section 4. This act shall take effect in 60 days.
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