SB 819 — An Act amending the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law, further providing for definitions and for purchase of agricultural conservation easements.

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1139 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1778819 THE2017 GENERALINTRODUCED ASSEMBLYBY OFAUMENT, PENNSYLVANIAMARTIN, SENATEEICHELBERGER, BILLYAW, SessionFOLMER, RAFFERTY, WARD, BARTOLOTTA, STEFANO, REGAN, VOGEL, YUDICHAK, RESCHENTHALER, WHITE, MENSCH, VULAKOVICH AND McILHINNEY, SEPTEMBER 8, 2017 REFERRED TO AGRICULTURE AND RURAL AFFAIRS, SEPTEMBER 8, 2017 AN ACT Amending the act of No.June 30, 1981 (P.L.128, No.43), entitled "An act authorizing the creation of agricultural areas," further providing for definitions and for purchase of agricultural conservation easements.

819 2017 INTRODUCED BY AUMENT, MARTIN, EICHELBERGER, YAW, FOLMER, RAFFERTY, WARD, BARTOLOTTA, STEFANO, REGAN, VOGEL, YUDICHAK, RESCHENTHALER, WHITE, MENSCH, VULAKOVICH AND McILHINNEY, SEPTEMBER 8, 2017 SENATOR VOGEL, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED, MAY 22, 2018 AN ACT Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An act authorizing the creation of agricultural areas," further conservation easements.ns and for purchase of agricultural The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

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 DEFINITIONS to read:

<-- Section 3.

* * * "Agritourism." Activity carried out on land subject to a <-- conservation easement under this act that provides entertainment or education to the general public for the purpose of promoting agricultural products or farming or rural lifestyles, regardless of whether or not the general public pays to participate in the activity including:

"AGRITOURISM ACTIVITY." FARM-RELATED TOURISM OR FARM-RELATED <-- ENTERTAINMENT ACTIVITY THAT:

(1) TAKES PLACE ON A FARM WHERE AGRICULTURAL, HORTICULTURAL OR SILVICULTURAL CROPS ARE GROWN OR FARM ANIMALS, RURAL ANIMALS OR FARMED FISH ARE RAISED;

AND (2) 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.

20170SB0819PN1778 - 2 - "ANTICIPATED YEARLY GROSS INCOME." GROSS INCOME NORMALLY EXPECTED TO BE GENERATED IN ONE YEAR, WITHOUT OCCURRENCE OF A NATURAL DISASTER OR OTHER OCCURRENCE OR CONDITION BEYOND THE OPERATOR'S REASONABLE CONTROL.

* * * "FARM." AN OPERATION COMMERCIALLY ENGAGED IN AGRICULTURE <-- THAT:

(1) IS 10 OR MORE ACRES IN CONTIGUOUS AREA;

OR (2) HAS AN ANTICIPATED YEARLY GROSS INCOME OF AT LEAST $2,000 FROM AGRICULTURAL PRODUCTION.

20170SB0819PN1139 - 2 - * * * (v) Customary part-time or off-season minor or rural enterprises and activities, other than agritourism activities, which are provided for in the county Agricultural Conservation Easement Purchase Program approved by the State board under subsection (d).

(vi) Agritourism activities that are incidental to a <-- farm's agricultural use and that do not render a portion of the restricted land incapable of being immediately 20170SB0819PN1778 - 3 - converted to agricultural use.

(VI) AN AGRITOURISM ACTIVITY THAT:

<-- (A) IS INCIDENTAL TO A FARM'S AGRICULTURAL USE;

(B) DOES NOT RENDER A PORTION OF THE RESTRICTED LAND INCAPABLE OF BEING IMMEDIATELY CONVERTED TO AGRICULTURAL USE;

AND (C) HAS BEEN DEEMED TO BE AN AGRITOURISM ACTIVITY BY A COUNTY BOARD.

THE FOLLOWING SHALL APPLY:

(I) IF AN APPLICATION IS RECEIVED AT LEAST SEVEN DAYS PRIOR TO THE NEXT SCHEDULED MEETING OF A COUNTY BOARD, THE APPLICATION SHALL BE CONSIDERED AT THE SCHEDULED MEETING.

(II) IF AN APPLICATION IS RECEIVED LESS THAN SEVEN DAYS PRIOR TO THE NEXT SCHEDULED MEETING OF A COUNTY BOARD, THE APPLICATION SHALL BE CONSIDERED AT THE NEXT MEETING SUBSEQUENT TO THE SCHEDULED MEETING.

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