Pennsylvania 2019-2020 Regular Session Status: In Committee 9 R cosponsors

HB 2093 — An Act restricting local government from certain regulation of agritourism.

Last action — Laid on the table

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

63 added · 111 removed

Plain-language change summary

The recent amendments to Bill HB 2093 clarify the definition of "agritourism activity" and outline the types of events that qualify under this category. Key changes include specifically defining "limited seasonal events" as activities that celebrate certain seasons or holidays and occur on farms, while also removing broader terms that were less precise. This matters because it ensures local governments have clear guidelines on what agritourism entails, which can promote rural tourism while addressing community concerns about land use.

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PRIOR PRINTER'S NO.
PRINTER'S NO.
2972 PRINTER'S NO.
2972 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
4456 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
2093 2019 INTRODUCED BY POLINCHOCK, BERNSTINE, CALTAGIRONE, DUNBAR, ECKER, GILLEN, HERSHEY, KEEFER, MALAGARI, OBERLANDER, OWLETT, QUINN, STAATS, YOUNGBLOOD AND ZIMMERMAN, DECEMBER 2, 2019 REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, DECEMBER 2, 2019 AN ACT Resagritourism.al government from certain regulation of The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
2093 2019 INTRODUCED BY POLINCHOCK, BERNSTINE, CALTAGIRONE, DUNBAR, ECKER, GILLEN, HERSHEY, KEEFER, OBERLANDER, OWLETT, QUINN, STAATS, YOUNGBLOOD, ZIMMERMAN, GLEIM, ROWE AND IRVIN, DECEMBER 2, 2019 AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 30, 2020 AN ACT Restricting local government from certain regulation of agritourism.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
"Agritourism activity." A farm-related tourism or farm- <-- related entertainment activity that takes place on agricultural land and allows members of the general public, whether or not for a fee, to tour, explore, observe, learn about, participate in or be entertained by an aspect of agricultural production, harvesting, husbandry, rural lifestyle or a limited seasonal event that occurs on the farm and that offers the sale at retail of food for consumption by customers on the agricultural land.
"Agritourism activity." A farm-related tourism or farm- related entertainment activity that takes place on agricultural land and allows members of the general public, whether or not for a fee, to tour, explore, observe, learn about, participate in or be entertained by an aspect of agricultural production, harvesting, husbandry, rural lifestyle or a limited seasonal event that occurs on the farm and that offers the sale at retail of food for consumption by customers on the agricultural land.
"AGRICULTURAL LAND." LAND WHICH IS USED FOR A NORMAL <-- AGRICULTURAL OPERATION.
"Limited seasonal event." An event that occurs on agricultural land to coincide with the celebration of a season of the year or holiday and that highlights a seasonal or holiday appropriate farm activity or phenomenon of wildlife or nature that occurs on a farm or the open space around a farm.
"AGRITOURISM ACTIVITY." (1) A FARM-RELATED TOURISM OR FARM-RELATED ENTERTAINMENT ACTIVITY THAT TAKES PLACE ON AGRICULTURAL LAND AND ALLOWS MEMBERS OF THE GENERAL PUBLIC, WHETHER OR NOT FOR A FEE, TO TOUR, EXPLORE, OBSERVE, LEARN ABOUT, PARTICIPATE IN OR BE ENTERTAINED BY AN ASPECT OF AGRICULTURAL PRODUCTION, HARVESTING, HUSBANDRY OR RURAL LIFESTYLE THAT OCCURS ON THE FARM.
"Local government." A municipality, zoning hearing board or other board of a municipality.
(2) THE TERM SHALL NOT INCLUDE OVERNIGHT ACCOMMODATIONS, WEDDINGS, CONCERTS OR PROVISIONS FOR FOOD AND BEVERAGE SERVICES.
"Participant." An individual, other than an employee of an agritourism activity provider, who engages in an agritourism activity.
"LIMITED LICENSE." A LIMITED WINERY LICENSE OR LIMITED DISTILLERY LICENSE ISSUED UNDER THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE.
20190HB2093PN4456 - 2 - "Limited seasonal event." An event that occurs on agricultural land to coincide with the celebration of a season of the year or holiday and that highlights a seasonal or holiday appropriate farm activity or phenomenon of wildlife or nature that occurs on a farm or the open space around a farm.
<-- "Local government." A municipality, zoning hearing board or other board of a municipality.
"Participant." An individual, other than an employee of an <-- agritourism activity provider, who engages in an agritourism activity.
"MUNICIPALITY." A COUNTY, CITY, BOROUGH, INCORPORATED TOWN <-- OR TOWNSHIP.
"NORMAL AGRICULTURAL OPERATION." AS DEFINED IN THE ACT OF JUNE 10, 1982 (P.L.454, NO.133), REFERRED TO AS THE RIGHT-TO- FARM LAW.
"RETAIL FOOD FACILITY." AS DEFINED IN 3 PA.C.S.
§ 5702 (RELATING TO DEFINITIONS).
Notwithstanding any other provision of law to the contrary, no A local government may NOT prohibit the use of AGRICULTURAL <-- land for:
20190HB2093PN2972 - 2 - Notwithstanding any other provision of law to the contrary, no local government may prohibit the use of land for:
(1) agricultural purposes or FOR the construction of <-- buildings or structures incident to the use OF THE LAND for <-- agricultural purposes of the land on which the buildings or <-- 20190HB2093PN4456 - 3 - structures are located, including buildings or structures used primarily for vinting or selling wine and that are located on land used for viticulture;
(1) agricultural purposes or the construction of buildings or structures incident to the use for agricultural purposes of the land on which the buildings or structures are located, including buildings or structures used primarily for vinting or selling wine and that are located on land used for viticulture;
or (2) agritourism activities.;
or (2) agritourism activities.
<-- (2) AN AGRITOURISM ACTIVITY;
(3) A LIMITED SEASONAL EVENT;
(4) AN ACTIVITY THAT REQUIRES A LIMITED LICENSE;
(5) A RETAIL FOOD FACILITY;
(6) A WEDDING;
OR (7) MUSICAL ENTERTAINMENT THAT ACCOMPANIES AN ACTIVITY UNDER PARAGRAPHS (1), (2), (3), (4), (5) OR (6) AND WHICH IS IN COMPLIANCE WITH APPLICABLE NOISE AND NUISANCE ORDINANCES.
(1) The size of a structure used primarily for <-- agritourism.
(1) The size of a structure used primarily for agritourism.
(1) THE SIZE OF A STRUCTURE USED PRIMARILY FOR AN <-- ACTIVITY UNDER SECTION 3.
(2) THE SIZE OF A PARKING AREA REQUIRED FOR AN ACTIVITY UNDER SECTION 3.
THIS PARAGRAPH DOES NOT INCLUDE REQUIREMENTS RELATING TO DRAINAGE, PARKING AREA BASE, PARKING AREA PAVING 20190HB2093PN4456 - 4 - OR ANY OTHER IMPROVEMENT.
(3) A PROPERTY LINE SETBACK FOR A STRUCTURE USED PRIMARILY FOR AN ACTIVITY UNDER SECTION 3.
(4) WHERE NECESSARY TO PROTECT PUBLIC HEALTH AND SAFETY, EGRESS AND INGRESS ON LAND USED FOR AN ACTIVITY UNDER SECTION 3.
20190HB2093PN4456 - 5 -
20190HB2093PN2972 - 3 -
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Amendments

1 amendment

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Action History

  1. Laid on the table

  2. First consideration

  3. PN 4456 Reported as amended

  4. PN 2972 Referred to LOCAL GOVERNMENT

Sponsors

Sponsorship breakdown

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1 sponsors · 16 co-sponsors · 236 not signed on

Sponsors (1)

  • Polinchock

Co-sponsors (16)

Not signed on (236)

236 members have not signed on to this bill.

Show all 236 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights agriculture
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Frequently asked questions

Who sponsors HB 2093?
HB 2093 is sponsored by Torren Ecker, Polinchock, Aaron Bernstine (Republican), Caltagirone, Mark M. Gillen (Republican), Hershey, Dawn W. Keefer (Republican), Clint Owlett (Republican), Quinn, Craig T. Staats (Republican), Youngblood, David H. Zimmerman (Republican), Barbara Gleim (Republican), David H. Rowe (Republican), Rich Irvin (Republican), Donna Oberlander, and George Dunbar.
What is the current status of HB 2093?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2093?
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