HB 402 — An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in organization of independent administrative boards and commissions, further providing for Agricultural Lands Condemnation Approval Board.

PRINTER'S NO.   371

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 402
                                               Session of
                                                 2025

     INTRODUCED BY STAMBAUGH, JANUARY 28, 2025

     REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 28, 2025


                                    AN ACT
 1   Amending the act of April 9, 1929 (P.L.177, No.175), entitled
 2      "An act providing for and reorganizing the conduct of the
 3      executive and administrative work of the Commonwealth by the
 4      Executive Department thereof and the administrative
 5      departments, boards, commissions, and officers thereof,
 6      including the boards of trustees of State Normal Schools, or
 7      Teachers Colleges; abolishing, creating, reorganizing or
 8      authorizing the reorganization of certain administrative
 9      departments, boards, and commissions; defining the powers and
10      duties of the Governor and other executive and administrative
11      officers, and of the several administrative departments,
12      boards, commissions, and officers; fixing the salaries of the
13      Governor, Lieutenant Governor, and certain other executive
14      and administrative officers; providing for the appointment of
15      certain administrative officers, and of all deputies and
16      other assistants and employes in certain departments, boards,
17      and commissions; providing for judicial administration; and
18      prescribing the manner in which the number and compensation
19      of the deputies and all other assistants and employes of
20      certain departments, boards and commissions shall be
21      determined," in organization of independent administrative
22      boards and commissions, further providing for Agricultural
23      Lands Condemnation Approval Board.
24      The General Assembly of the Commonwealth of Pennsylvania
25   hereby enacts as follows:
26      Section 1.    Section 306(a), (c) and (d)(1) of the act of
27   April 9, 1929 (P.L.177, No.175), known as The Administrative
28   Code of 1929, are amended to read:
29      Section 306.    Agricultural Lands Condemnation Approval
 1   Board.--(a)   The Agricultural Lands Condemnation Approval Board
 2   is hereby created as an independent administrative board and
 3   shall be made up of six (6) members, consisting of the Director
 4   of the Office of Policy and Planning, or his designee, the
 5   Secretary of Agriculture, or his designee, the Secretary of
 6   Environmental [Resources] Protection, or his designee, the
 7   Secretary of Transportation, or his designee, and two active
 8   farmers appointed by the Governor, with the advice and consent
 9   of a majority of the Senate, for a term of four (4) years. The
10   Secretary of Agriculture may select an alternate active farmer
11   to serve in the absence of a farmer member of the board. An
12   alternate active farmer shall serve for the appointed term of a
13   farmer member of the board. A person may not serve as an
14   alternate active farmer for more than one farmer member of the
15   board. The Secretary of Agriculture shall be chairman of such
16   [committee] board and shall convene the [committee] board from
17   time to time as needed to carry out its duties. The [farm]
18   farmer members of the [committee] board and alternate active
19   farmers shall be reimbursed for actual expenses incurred in the
20   performance of their duties. Such expenses and any others
21   incurred by the [committee] board shall be paid for from
22   appropriations made to the [Office of State Planning and
23   Development] State Planning Board.
24      * * *
25      (c)   The board shall have sixty (60) days in which to
26   determine whether there is a feasible and prudent alternative to
27   the condemnation. If the board determines that there is no
28   feasible and prudent alternative, or if the board fails to act
29   within sixty (60) days of receipt of the request, the requesting
30   body may proceed to condemn; otherwise, the condemnation shall

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 1   not be effected. The failure of the chairman to convene a
 2   meeting of the board shall not constitute a failure to act on a
 3   condemnation request.
 4      (d)   The board shall have jurisdiction over condemnation for
 5   the following purposes:
 6      (1)   Highway purposes[, but not including activities relating
 7   to existing highways such as, but not limited to, widening
 8   roadways, the elimination of curves or reconstruction].
 9      * * *
10      Section 2.   This act shall take effect in 60 days.




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