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.

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
 1   Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
 2      act authorizing the creation of agricultural areas," further
 3      providing for purchase of agricultural conservation
 4      easements.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Section 14.1(d)(1)(v) of the act of June 30, 1981
 8   (P.L.128, No.43), known as the Agricultural Area Security Law,
 9   is amended and subsection (i) is amended by adding paragraphs to
10   read:
11   Section 14.1.    Purchase of agricultural conservation easements.
12      * * *
13      (d)   Program approval.--
14            (1)   The standards, criteria and requirements established
15      by the State board for State board approval of county
16      programs for purchasing agricultural conservation easements
17      shall include, but not be limited to, the extent to which the
18      county programs consider and address the following:
 1             * * *
 2             (v)   (I)    Provisions requiring a farmland tract to be
 3             contiguous acreage of at least 50 acres in size
 4             unless the tract is at least ten acres in size and is
 5             [either] utilized for a crop unique to the area [or
 6             is], or is less than ten acres in size and is
 7             contiguous to property which has a perpetual
 8             conservation easement in place held by a "qualified
 9             organization" as defined in section 170(h)(3) of the
10             Internal Revenue Code of 1986 (Public Law 99-514, 26
11             U.S.C. § 170(h)(3)).
12                   (II)   A county may require a farmland tract to be
13             contiguous acreage of at least 35 acres in size
14             unless the tract is at least ten acres in size and is
15             [either] utilized for a crop unique to the area [or
16             is], or is less than ten acres in size and is
17             contiguous to a property which has a perpetual
18             conservation easement in place held by a "qualified
19             conservation organization" as defined in section
20             170(h)(3) of the Internal Revenue Code of 1986. If a
21             county implements the provisions of this subclause,
22             State funds used for the purchase of an agricultural
23             conservation easement less than 50 acres in size may
24             include costs incidental to the purchase and shall
25             not exceed 50% of the purchase price per acre, unless
26             it is at least ten acres in size and is [either]
27             utilized for a crop unique to the area [or is], or is
28             less than ten acres in size and is contiguous to a
29             property which has a perpetual conservation easement
30             in place held by a "qualified conservation

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 1                organization" as defined in section 170(h)(3) of the
 2                Internal Revenue Code of 1986. A county program shall
 3                require a minimum weighted value of 20% for
 4                prioritizing applications for agricultural
 5                conservation easement purchase when implementing the
 6                provisions of paragraph (ii.1).
 7                       (III)   A farmland tract that is less than ten
 8                acres in size may be considered for agricultural
 9                conservation easement purchase only if the tract is
10                added to a contiguous tract of land subject to an
11                agricultural conservation easement under this act. A
12                deed of merger shall be prepared and recorded with
13                the recorder of deeds to add the tract to the deed of
14                easement of the contiguous tract.
15          * * *
16    (i)   Subdivision of land after easement purchase.--
17          * * *
18          (3)   Notwithstanding the provisions of paragraph (1), a
19    county program shall provide for land subject to an
20    agricultural conservation easement to be subdivided under all
21    of the following conditions:
22                (i)    The tract to be created by subdivision is less
23          than ten acres.
24                (ii)    The tract created under subparagraph (i) is
25          contiguous to land subject to an agricultural
26          conservation easement under this act.
27                (iii)    The tract created under subparagraph (i) is
28          conveyed or transferred to the owner of that contiguous
29          tract of land.
30                (iv)    The tract created under subparagraph (i) is

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 1        merged into the contiguous tract and deeds of merger are
 2        prepared and recorded with the recorder of deeds to add
 3        the tract:
 4                    (A)   as a fee simple interest to the contiguous
 5              parcel of the new owner; and
 6                    (B)   to the deed of easement of the new owner.
 7              (v)    A tract from which a tract is subdivided under
 8        subparagraph (i) shall continue to meet the provisions of
 9        paragraph (1) and subsection (d)(1)(v).
10        (4)   A subdivision under paragraph (3) shall not be
11    subject to roll-back taxes under the "Pennsylvania Farmland
12    and Forest Land Assessment Act of 1974."
13        (5)   A tract created under paragraph (3)(i) may not be
14    used for the purpose of a residence under paragraph (1)(ii).
15    * * *
16    Section 2.      This act shall take effect in 30 days.




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