reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138j - FARM SAFETY AND OCCUPATIONAL HEALTH DEVELOPMENTAL AND INSTRUCTIONAL PROGRAM GRANTS › Section 138j.6 - Processing of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Approval or denial.
The Secretary will approve, approve with
				special conditions or reject grant applications and issue grants in accordance
				with the general considerations and criteria of the act and this chapter. The
				Secretary may exercise judgment in approving grant applications and in
				determining the distribution of grants so that the widest possible audience
				becomes acquainted with farm safety and occupational health practices and
				techniques espoused by the act and this chapter. The Secretary may impose
				restrictions or special conditions upon the issuance of a grant.
(b)
Processing.
An
				application for a Program grant shall be processed in the following manner:
(1)
Completeness and
				accuracy.
Upon receipt of an application for a Program grant and the
				required supporting documentation, the Secretary will review this information
				for completeness and accuracy.
(2)
Complete and accurate applications.
Applications containing
				the required information and supporting documentation will be reviewed in
				accordance with the criteria in the act and this chapter and accepted, accepted
				with special conditions or rejected. Grant applicants will be notified in
				writing as set forth in § 138.j8(a) (relating to notice of disposition of
				applications).
(3)
Incomplete or inaccurate applications.
If the Secretary
				determines an application is incomplete or inaccurate, final processing of the
				application may be discontinued or additional data may be requested. If
				additional data is requested, the request shall be in writing as set forth in
				§
										138j.8(b) and will
				be sent to the address listed on the grant application. The processing of the
				application will cease until the applicant supplies the requested data. The
				Secretary will terminate the processing of an incomplete application when the
				additional data requested is not supplied within 10 days of the request for the
				data.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138j - FARM SAFETY AND OCCUPATIONAL HEALTH DEVELOPMENTAL AND INSTRUCTIONAL PROGRAM GRANTS › Section 138j.7 - Review of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Evaluation.
The Secretary will evaluate an application based
				on the applicant's eligibility and grant application requirements, as well as
				the factors set forth in the act and this chapter.
(b)
Grant application
				completeness.
An application for a Program grant will not be
				considered by the Secretary unless it contains the required information and
				items as set forth in §
									138j.5(b)
				(relating to applications).
(c)
Factors.
Factors to be considered by the Secretary in
				selecting grant recipients include the following:
(1) The relevance of the project to farm
				safety or rural health issues.
(2)
				The innovativeness of the project.
(3) The effect the project will have on
				hazard elimination.
(4) The scope
				and duration of the project and how it relates to program components in section
				4(b) of the act (3 P. S. §
											1904(b)).
(5) The number and type of people or groups
				who will be affected by the project. A project which involves a wide range of
				age groups, encourages cooperation between existing community groups and
				organizations and provides incentives for new groups or organizations to become
				involved in farm safety and occupational health programs and training will be
				given priority.
(6) The impact of
				and the value and benefits bestowed upon the agricultural community by the
				project.
(7) The continual and
				progressive nature of the project and the benefits and knowledge to be gained
				therefrom.
(8) The value to the
				emergency providers.
(9) Whether
				the applicant has been the recipient of a Program grant within the same
				year.
(10) The availability of
				funding to the applicant from a source other than the Program.
(11) The willingness of the applicant to make
				in-kind or financial, or both, contributions to the project.
(12) The amount of tuition the applicant
				intends to charge for the courses.
(13) The priorities as the Secretary, in
				consultation with the Advisory Board, sets in accordance with section 4(c) of
				the act (3 P. S. §
											1904(c)).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138j - FARM SAFETY AND OCCUPATIONAL HEALTH DEVELOPMENTAL AND INSTRUCTIONAL PROGRAM GRANTS › Section 138j.8 - Notice of disposition of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applications deemed
				complete.
The Secretary will notify grant applicants within 30 days of
				receipt of their completed grant application of a decision to approve, approve
				with special conditions or reject the grant application. This notice will be
				sent by regular mail to the address indicated by the applicant on the grant
				application.
(b)
Applications deemed incomplete or inaccurate.
Within 30 days
				of receipt of a grant application, the Secretary will notify the applicant of a
				decision to reject the grant application or notify the applicant of a
				deficiency in the grant application and request additional data. If additional
				data is requested, notification shall be in writing and detail the additional
				data needed. The Secretary will follow the action prescribed in §
									138j.6(b)(3)
				(relating to processing of applications).
(c)
Approved applications.
Applicants approved for a Program grant will receive a grant agreement which
				shall be executed by the recipient and the Department prior to the release of
				funds. Grant money shall be spent by the grant recipient within the time period
				specified in the grant agreement unless an extension is granted, in writing, by
				the Secretary. A request for an extension shall be in writing, state the reason
				the extension is needed and shall be sent to the address in §
									138j.5(c)
				(relating to applications). Failure to spend the grant funds within the
				specified time period shall constitute a default on the part of the grant
				recipient. The Secretary may cancel the grant and seek recovery of the grant
				funds as set forth in §
									§
									138j.11 and
				138j.12 (relating to grant
				cancellation; and right of recovery).
This section cited in 7 Pa. Code §
											138j.6 (relating to processing of
					 applications).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138j - FARM SAFETY AND OCCUPATIONAL HEALTH DEVELOPMENTAL AND INSTRUCTIONAL PROGRAM GRANTS › Section 138j.9 - Conflict of interest

Current through Register Vol. 54, No. 28, July 13, 2024
A member of the Advisory Board may apply for a grant provided
				  all decisions regarding the grant application are subject to
				  65 Pa.C.S. §
										1103(j) (relating to
				  restricted activities) and the action does not violate the State Adverse
				  Interest Act (71 P. S. §
										§
										776.1-776.9), or 4 Pa. Code Chapter 7,
				  Subchapter K (relating to code of conduct for appointed officials and state
				  employees).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138j - FARM SAFETY AND OCCUPATIONAL HEALTH DEVELOPMENTAL AND INSTRUCTIONAL PROGRAM GRANTS › Section 138j.10 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
A Program grant recipient shall maintain all books, records,
				  receipts, supporting documents, financial statements, final reports and other
				  documents pertaining to the project, the project costs and the Program grant.
				  These records shall be retained for 3 years beginning at the end of the grant
				  year. The books, records, receipts, supporting documents, financial statements,
				  final reports and other documents shall be maintained according to generally
				  accepted accounting principles. The records shall be made available to the
				  Department or its agent upon request.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138j - FARM SAFETY AND OCCUPATIONAL HEALTH DEVELOPMENTAL AND INSTRUCTIONAL PROGRAM GRANTS › Section 138j.11 - Grant cancellation

Current through Register Vol. 54, No. 28, July 13, 2024
A Program grant may be canceled by the Secretary upon a
				  determination that the grant recipient has violated the act, this chapter or
				  the grant agreement, the grant funds or any portion thereof are not being or
				  were not utilized or spent in the manner delineated in the grantee's approved
				  grant application or were not used to implement the project set forth in the
				  grantee's approved grant application. In addition, a Program grant may be
				  canceled upon failure of the recipient to satisfy the verification requirements
				  of this chapter. Upon cancellation the Secretary may seek recovery of the grant
				  funds or any portion thereof as delineated in §
									138j.12 (relating to right of
				  recovery).
This section cited in 7 Pa. Code §
											138j.8 (relating to notice of
					 disposition of application).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138j - FARM SAFETY AND OCCUPATIONAL HEALTH DEVELOPMENTAL AND INSTRUCTIONAL PROGRAM GRANTS › Section 138j.12 - Right of recovery

Current through Register Vol. 54, No. 28, July 13, 2024
The Department has the right to make a claim for and receive
				  from the grant recipient grant funds not expended in accordance with the act,
				  the grant agreement or this chapter, and may demand the return of the grant
				  sum, or a portion thereof, plus legal interest thereon.
This section cited in 7 Pa. Code §
											138j.4 (relating to general
					 conditions); 7 Pa. Code §
											138j.8 (relating to notice of
					 disposition of application); and 7 Pa. Code §
											138j.11 (relating to grant
					 cancellation).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138j - FARM SAFETY AND OCCUPATIONAL HEALTH DEVELOPMENTAL AND INSTRUCTIONAL PROGRAM GRANTS › Section 138j.13 - Deficits

Current through Register Vol. 54, No. 28, July 13, 2024
The Department's financial obligation is limited to the
				  amount of the grant. The Department is not responsible for funding any cost
				  overruns incurred by the grant recipient.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138k - FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM › Section 138k.1 - Program objectives

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
The purpose of the Program is to fund projects which
				will increase the knowledge and awareness of farm safety measures and
				occupational health issues in this Commonwealth, in particular, among the rural
				youth of this Commonwealth.
(b)
Competitive program.
The Program is competitive. Grant
				requests and related documentation will be collected by the Department and
				reviewed by the Secretary. Grants will be awarded annually.
(c)
Funds available basis.
Grants will not be awarded unless funds are available for this
				purpose.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138k - FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM › Section 138k.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
Act
-The Farm Safety and Occupational Health
				  Act (3 P. S. §
										§
										1901-1915).
Advisory Board
-The Farm Safety and
				  Occupational Health Advisory Board.
Department
-The Department of Agriculture of
				  the Commonwealth.
Designee
-A person chosen or appointed by the
				  Secretary to carry out the Secretary's duties under this chapter.
Eligible applicants
-Statewide farm
				  organizations and volunteer fire companies, ambulance services and rescue
				  squads providing farm safety, occupational health and emergency response
				  programs.
Person
-An individual, partnership,
				  corporation, association or other form of business enterprise.
Program
-The Farm Safety and Occupational
				  Health Grant Program.
Project
-The farm safety, occupational health
				  or emergency response program delineated in the applicant's program
				  application.
Secretary
-The Secretary of Agriculture of
				  the Commonwealth or a designee.
Statewide farm organizations
-The term
				  includes any of the following organizations located in this
				  Commonwealth:
(i) Farmers
				organizations.
(ii) Dairy
				organizations.
(iii) Livestock and
				poultry organizations.
(iv)
				Veterinary associations.
(v)
				Commodity organizations.
(vi) Food
				industry organizations.
(vii)
				Horticulture and agronomy organizations.
(viii) Agricultural promotional
				organizations.
(ix) Agricultural
				equipment organizations, including a local, county or regional chapter
				thereof.
Volunteer ambulance services
-A nonprofit
				  chartered corporation, association or organization located in this Commonwealth
				  and which is regularly engaged in the services of providing emergency medical
				  care and transportation of patients.
Volunteer fire company
-A nonprofit chartered
				  corporation, association or organization located in this Commonwealth which
				  provides fire protection services and other voluntary emergency services within
				  this Commonwealth.
Volunteer rescue squad
-A nonprofit chartered
				  corporation, association or organization located in this Commonwealth which
				  provides rescue services in this Commonwealth.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138k - FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM › Section 138k.3 - Limitations on grants

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Financial assistance.
The Program will award financial
				assistance, of up to $2,500, to Statewide farm organizations, volunteer fire
				companies, ambulance services and rescue squads within this Commonwealth that
				wish to develop and deliver farm safety, occupational health and emergency
				response programs.
(b)
Grant awards.
An eligible applicant may apply for more than
				one program grant per year. However, an eligible applicant may not be awarded
				more than $2,500 in Program grants in a fiscal year.
(c)
Recipient's use of Program grant
				funds.
A recipient of a Program grant may only use the funds to cover
				the costs of the specific project/event/activity described in the recipient's
				approved grant application and signed grant agreement.
(d)
Eligible projects.
Program grants may be awarded for the following types of projects:
(1) Projects related to methods of preventing
				or mitigating farm accidents.
(2)
				Educational programs relating to agricultural equipment safety programs for
				farm youth.
(3) Educational
				seminars or field demonstrations relating to first aid programs for farm
				youth.
(4) Agriculture safety
				training programs at day camps and demonstration projects for farm
				youth.
(5) Development and
				implementation of age-appropriate rural school curricula.
(6) Fire/educational safety programs specific
				to farms.
(7) Development and
				implementation of age-appropriate adult farmer and farm worker safety training
				programs.
(8) Farm related
				emergency response training programs.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138k - FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM › Section 138k.4 - General conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Grant agreement.
The recipient of a Program grant shall sign a
				grant agreement setting forth the amount of the grant and other terms and
				conditions the Department may reasonably require.
(b)
Default.
A recipient of
				a Program grant who fails to abide by the terms of the grant agreement or the
				act or this chapter shall be in default. In the event of a default, the
				Secretary may cancel the grant and seek recovery of the grant funds as set
				forth in §
									138k.12 (relating to right of
				recovery). The Secretary may waive a default, after consultation with the
				Advisory Board, as a result of extenuating circumstances.
(c)
Verification.
Within 3
				months of the project completion date specified in the grant agreement, the
				recipient shall submit to the Department a final report. The final report shall
				include:
(1) Written receipts, records and
				any other financial records or documents evidencing the project's
				costs.
(2) Pertinent documentation
				(such as course syllabi, schedules, attendance records and speaker profiles)
				evidencing the course's content.
(3) A narrative report stating the project
				objectives and setting forth what objectives were accomplished, the experience
				gained and knowledge acquired and the methods used to accomplish the stated
				objectives.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138k - FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM › Section 138k.5 - Applications generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Eligible applicants.
Only eligible applicants may submit a
				grant application to the Department. Eligible applicants may submit grant
				applications to the Department at the address in subsection (c).
(b)
Grant application
				requirements.
An application for a Program grant will not be
				considered by the Secretary unless the following items are attached:
(1) A detailed description of the project,
				including objectives, goals and materials to be funded by the grant.
(2) A reasonable and accurate statement of
				the estimated cost of the project. The statement shall include a separate
				breakdown of the personnel portion of the costs, the materials portion of the
				cost, and any other necessary or anticipated costs associated with the project.
				The applicant shall provide any documentation or financial statements available
				to support the estimated project costs.
(3) A statement regarding the amount of
				tuition to be charged for the courses.
(4) A copy of the official organization board
				minutes when action was taken on the project or a signed statement attesting to
				the applicant's commitment to the project.
(5) Information regarding the breadth of the
				project, including the individuals or groups to be served by the project and
				the geographic area to be served by the project. Maps or other geographic aids
				may be attached.
(6) Information
				regarding the skills, knowledge or experience to be gained from the
				project.
(7) Documentation
				regarding the name and location of the applicant administering the
				project.
(8) A biographical sketch
				of primary persons involved in the project which indicates skills, knowledge,
				training and prior experience of the persons developing or administering, or
				both, the project.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138k - FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM › Section 138k.6 - Processing of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Approval or denial.
The Secretary will approve, approve with
				special conditions or reject grant applications and issue grants in accordance
				with the general considerations and criteria of the act and this chapter. The
				Secretary may exercise judgment in approving grant applications and in
				determining the distribution of grants so that the widest possible audience
				becomes acquainted with farm safety and occupational health practices and
				techniques espoused by the act and this chapter. The Secretary may impose
				restrictions or special conditions upon the issuance of a grant.
(b)
Processing.
An
				application for a Program grant shall be processed in the following manner:
(1)
Completeness and
				accuracy.
Upon receipt of an application for a Program grant and the
				required supporting documentation, the Secretary will review this information
				for completeness and accuracy.
(2)
Complete and accurate applications.
Applications containing
				the required information and supporting documentation will be reviewed in
				accordance with the criteria in the act and this chapter and accepted, accepted
				with special conditions or rejected. Grant applicants will be notified in
				writing as set forth in §
										138k.8(a)
				(relating to notice of disposition of application).
(3)
Incomplete or inaccurate
				applications.
If the Secretary determines an application is incomplete
				or inaccurate, final processing of the application may be discontinued or
				additional data may be requested. If additional data is requested, the request
				shall be in writing as set forth in §
										138k.8(b) and will
				be sent to the address listed on the grant application. The processing of the
				application will cease until the applicant supplies the requested data. The
				Secretary will terminate the processing of an incomplete application when the
				additional data requested is not supplied within 10 days of the request for the
				data.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138k - FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM › Section 138k.7 - Review of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Evaluation.
The Secretary will evaluate an application based
				on the applicant's eligibility and grant application requirements, as well as
				the factors set forth in the act and this chapter.
(b)
Grant application
				completeness.
An application for a Program grant will not be
				considered by the Secretary unless it contains the required information and
				items in §
									138k.5(b)
				(relating to applications generally).
(c)
Factors.
Factors to be
				considered by the Secretary in selecting grant recipients include the
				following:
(1) The relevance of the project to
				farm safety or rural health issues.
(2) The innovativeness of the
				project.
(3) The scope and duration
				of the project, the number of people who will be affected by the project as
				described in the application and how it relates to program components in
				section 4(b) of the act (3 P. S. §
											1904(b)).
(4) The value to the agricultural community
				of the project described in the application.
(5) The willingness of the applicant to make
				in-kind or financial, or both, contributions to the project.
(6) The availability of funding for the
				project from a source other than the Program.
(7) The impact the project will have upon
				rural youth or farmers, growers or producers within this
				Commonwealth.
(8) The value to
				those who work directly with farm accident victims.
(9) Whether the applicant has been, in whole
				or in part, the recipient of a program grant within the same fiscal
				year.
(10) Whether a local, county
				or regional farm organization is affiliated with a Statewide farm
				organization.
(11) The amount of
				tuition the applicant intends to charge for the courses administered under the
				project.
(12) The priorities the
				Secretary, in consultation with the Advisory Board, sets in accordance with
				section 4(c) of the act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138k - FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM › Section 138k.8 - Notice of disposition of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applications deemed
				complete.
The Secretary will notify grant applicants within 30 days of
				receipt of their completed grant application of a decision to approve, approve
				with special conditions or reject the grant application. This notice will be
				sent by regular mail to the address indicated by the applicant on the grant
				application.
(b)
Applications deemed incomplete or inaccurate.
Within 30 days
				of receipt of a grant application, the Secretary will notify the applicant of a
				decision to reject the grant application or notify the applicant of a
				deficiency in the grant application and request additional data. If additional
				data is requested, notification shall be in writing and detail the additional
				data needed. The Secretary will follow the action prescribed in §
									138k.6(b)(3)
				(relating to processing of applications).
(c)
Approved applications.
Applicants approved for a Program grant will receive a grant agreement which
				shall be executed by the recipient and the Department prior to the release of
				funds. Grant money shall be spent by the grant recipient within the time period
				specified in the grant agreement unless an extension is granted in writing by
				the Secretary. A request for an extension shall be in writing, state the reason
				the extension is needed and shall be sent to the address in §
									138k.5(c)
				(relating to applications generally). Failure to spend the grant funds within
				the specified time period shall constitute a default on the part of the grant
				recipient. The Secretary may cancel the grant and seek recovery of the grant
				funds as set forth in §
									§
									138k.11 and
				138k.12 (relating to grant
				cancellation; and right of recovery).
This section cited in 7 Pa. Code §
											138k.6 (relating to processing of
					 applications).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138k - FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM › Section 138k.9 - Conflict of interest

Current through Register Vol. 54, No. 28, July 13, 2024
A member of the Advisory Board may apply for a grant provided
				  all decisions regarding the grant application are subject to
				  65 Pa.C.S. §
										1103(j) (relating to
				  restricted activities) and the action does not violate the State Adverse
				  Interest Act (71 P. S. §
										§
										776.1-776.9), or 4 Pa. Code, Chapter 7,
				  Subchapter K (relating to code of conduct for appointed officials and state
				  employees).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138k - FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM › Section 138k.10 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
A Program grant recipient shall maintain all books, records,
				  receipts, supporting documents, financial statements, final reports and other
				  documents pertaining to the project, the project costs and the Program grant.
				  These records shall be retained for 3 years beginning at the end of the grant
				  year. The books, records, receipts, supporting documents, financial statements,
				  final reports and other documents shall be maintained according to generally
				  accepted accounting principles. The records shall be made available to the
				  Department or its agent upon request.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138k - FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM › Section 138k.11 - Grant cancellation

Current through Register Vol. 54, No. 28, July 13, 2024
A Program grant may be canceled by the Secretary upon a
				  determination that the grant recipient has violated of the act, this chapter or
				  the grant agreement, the grant funds or any portion thereof were not utilized
				  or spent in the manner delineated in the grantee's approved grant application
				  or were not used to implement the project set forth in the grantee's approved
				  grant application. In addition, a Program grant may be canceled upon failure of
				  the recipient to satisfy the verification requirements of this chapter. Upon
				  cancellation, the Secretary may seek recovery or the grant funds or any portion
				  thereof as set forth in §
									138j.12 (relating to right of
				  recovery).
This section cited in 7 Pa. Code §
											138k.8 (relating to notice of
					 disposition of application).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138k - FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM › Section 138k.12 - Right of recovery

Current through Register Vol. 54, No. 28, July 13, 2024
The Department has the right to make a claim for and receive
				  from the grant recipient grant funds not expended in accordance with the act,
				  the grant agreement or this chapter, and may demand the return of the grant
				  sum, or a portion thereof, plus legal interest thereon.
This section cited in 7 Pa. Code §
											138k.4 (relating to general
					 conditions); 7 Pa. Code §
											138k.8 (relating to notice of
					 disposition of application); and 7 Pa. Code §
											138k.11 (relating to grant
					 cancellation).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138k - FARM SAFETY AND OCCUPATIONAL HEALTH GRANT PROGRAM › Section 138k.13 - Deficits

Current through Register Vol. 54, No. 28, July 13, 2024
The Department's financial obligation is limited to the
				  amount of the grant. The Department is not responsible for funding any cost
				  overruns incurred by the grant recipient.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter A - PRELIMINARY PROVISIONS › Section 138l.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter provides regulatory guidance with respect to
					 the benefits of having land in an ASA, the application and review process under
					 which an ASA isformed, the procedures involved in recording an ASA, the
					 addition of land to an existing ASA and the removal of land from an existing
					 ASA, and to otherwise further the purposes of the act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter A - PRELIMINARY PROVISIONS › Section 138l.3 - Contacting the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  forms referenced in this chapter may be obtained from the Department, by
				  contacting the following: Director, Bureau of Farmland Preservation, Department
				  of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408,
				  (717) 783-3167.
(b) These forms
				  shall also be available and may be downloaded from the Department's website, at
				  the following internet website address: www.-pda.state.pa.us.
This section cited in 7 Pa. Code §
												138l.13 (relating to ASA proposal
						form); and 7 Pa. Code §
												138l.23 (relating to notification
						of secretary by governing body).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter A - PRELIMINARY PROVISIONS › Section 138l.4 - Benefits of having land within an ASA

Current through Register Vol. 54, No. 28, July 13, 2024
The following are among the benefits and protections
					 resulting from the inclusion of land within an ASA:
(1) Under section 11 of the act
				  (3 P.
				  S. §
											911), local government units must
				  encourage the ASA by not enacting laws or ordinances which would restrict farm
				  structures or farm practices, unless the laws or ordinances bear a direct
				  relationship to the public health or safety.
(2) Under section 11 of the act, a local law
				  or ordinance defining or prohibiting a public nuisance must exclude from the
				  definition of the nuisance any agricultural activity or operation conducted
				  using normal farming operations within the ASA if the agricultural activity or
				  operation does not bear a direct relationship to the public health and
				  safety.
(3) Under section 12 of the
				  act (3 P. S. §
											912),
				  Commonwealth agencies with programs that might negatively affect farmers must
				  conduct their programs in a manner that will encourage the continuance of
				  viable agriculture in the ASA.
(4)
				  Under section 13 of the act (3 P. S. §
											913), entities seeking to acquire land within
				  an ASA by eminent domain (condemnation) must-under certain circumstances
				  delineated in the act-obtain the advance approval of ALCAB before the taking
				  can occur.
(5) Under section 14.1
				  of the act (3 P. S. §
											914.1), the
				  owner of land within an ASA comprised of 500 or more acres may be eligible to
				  apply through the county board to sell an agricultural conservation easement to
				  the Commonwealth, the county, a local government unit or some combination
				  thereof.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.11 - Agricultural security area advisory committee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Time for formation of an advisory
				  committee.
A governing body may establish an advisory committee at any
				  time. When a proposal for the creation of an ASA is received by a governing
				  body, though, the governing body shall establish an advisory committee if it
				  has not already done so.
(b)
Appointment and composition of an advisory committee.
An
				  advisory committee shall be appointed by the chairperson of the governing body
				  of the local government unit in which the ASA is located, or is to be located.
				  The members of the advisory committee shall serve at the pleasure of that
				  chairperson. An advisory committee shall be composed of five members, as
				  follows:
(1) A member of the governing body of
				  the local government unit, who shall be chairperson of the advisory
				  committee.
(2) One citizen residing
				  within the local government unit.
(3) Three active farmers, each representing a
				  different private or corporate farm situated, at least in part, within the
				  local government unit.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.12 - Eligibility to propose the creation of an ASA

Current through Register Vol. 54, No. 28, July 13, 2024
An owner or a group of owners of land are eligible to
					 propose the creation of an ASA if the following conditions are met:
(1) The land described in the proposal is
				  used for agricultural production (although a reasonable amount of nonviable
				  farm land and nonfarm land may be included if it is not feasible to exclude
				  it).
(2) Some portion of the land
				  described in the proposal lies within the local government unit to which the
				  proposal is submitted.
(3) The
				  total acreage described within the proposal comprises at least 250 acres of
				  viable agricultural land.
(4) If
				  tax parcel numbers or accounts reflect that a parcel is not contiguous to other
				  land included in the proposal, that tax parcel or account is at least one of
				  the following:
(i) Comprised of 10 or more
				  acres.
(ii) Has anticipated yearly
				  gross income of at least $2,000 from agricultural production.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.13 - ASA proposal form

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Governing body has discretion.
The governing body may
				  prescribe the manner and form of the process under which it will receive and
				  consider proposals for the formation of an ASA, to the extent the exercise of
				  that discretion does not violate any provision of the act or this chapter. A
				  governing body may require the use of its own ASA proposal form meeting the
				  requirements of subsection (b), or may use the Department's ASA proposal form
				  as described in subsection (c).
(b)
Minimum requirements for a proposal.
An ASA proposal shall, at
				  a minimum, contain the following:
(1) The name
				  of the township, borough, city or other local government unit to which the ASA
				  proposal is submitted.
(2) The
				  county of the local government unit to which the ASA proposal is
				  submitted.
(3) A description of the
				  boundaries of the proposed ASA.
(4)
				  With respect to each farmland parcel listed on the ASA proposal:
(i) The printed name and address of each
				  person owning land proposed for inclusion in the ASA.
(ii) The signature of each person described
				  in subparagraph (i).
(iii) The
				  county tax parcel number or account number identifying the parcel.
(iv) The acreage of the parcel.
(5) Other information as might be
				  reasonably required to establish the boundaries of the proposed ASA, the owners
				  of the parcels of farmland described in the ASA and compliance with the act and
				  this chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.14 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  prohibition.
Except as provided in subsection (b), the governing body
				  may not charge a landowner any fee for the filing of an ASA proposal or for any
				  action the governing body is required to take under the act or this
				  chapter.
(b)
Exception.
A governing body may, by resolution, impose
				  reasonable filing fees for the administration and review of an ASA proposal if
				  all of the following apply:
(1) The proposal
				  includes substantially the same lands as proposed in a previously-submitted
				  application.
(2) The governing body
				  had rejected that previously-submitted application within 36 months preceding
				  the date the proposal was submitted.
(3) The previous rejection was based upon the
				  recommendations of the advisory committee and the planning
				  commission.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.15 - ASA located in more than one local government unit

Current through Register Vol. 54, No. 28, July 13, 2024
There are four ways in which an ASA may be created or
					 modified to contain land located in more than one local government unit as
					 follows:
(1) The ASA proposal may be
				  directed to the governing bodies of each of the affected local government units
				  and approved in accordance with the process described in §
										138l.31(b) and (c)
				  (relating to adding land to an existing ASA).
(2) A parcel of farmland that straddles the
				  boundary line between two local government units shall be automatically
				  included in the ASA of one of those local government units if the other local
				  government unit has not approved an ASA and the majority of the parcel's viable
				  agricultural land is within the local government unit seeking to create an ASA
				  or add the parcel to an existing ASA, as described in §
										138l.32 (relating to automatic
				  inclusion of certain parcels bisected by the dividing line between local
				  government units).
(3) A parcel of
				  farmland that straddles the boundary line between two local government units
				  shall be automatically included in the ASA if the majority of the parcel's
				  viable agricultural land is already in the ASA and an agricultural conservation
				  easement is purchased with respect to the parcel, as described in §
										138l.33 (relating to automatic
				  inclusion of certain parcels bisected by the dividing line between local
				  government units upon purchase of an agricultural conservation easement by
				  certain entities).
(4) A parcel of
				  farmland that straddles the boundary line between two counties shall be
				  automatically included in the ASA of one of those counties if an agricultural
				  conservation easement is purchased with respect to the parcel, as described in
				  §
										138l.34 (relating to automatic
				  inclusion of certain parcels bisected by the dividing line between counties
				  upon the purchase of an agricultural conservation easement by certain
				  entities).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.16 - Submitting an ASA proposal form to the local government unit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form
				  submitted by certified mail, return receipt requested.
A person shall
				  submit an ASA proposal form to the governing body of the local government unit
				  in which the ASA is situated. The form shall only be submitted by certified
				  mail, with return receipt requested.
(b)
Date of receipt.
The
				  return receipt shall be official notice that the local government unit has
				  received the ASA proposal form, and the date reflected on that receipt shall
				  constitute the official date of receipt for purposes of calculating the period
				  within which review must occur.
This section cited in 7 Pa. Code §
												138l.19 (relating to decision of
						local government unit); and 7 Pa. Code §
												138l.21 (relating to effective date
						of the creation or modification of an
						ASA).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.17 - Local government unit action upon receipt of an ASA proposal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Acknowledgement of receipt.
If a local government unit
				  receives an ASA proposal form by certified mail with return receipt requested,
				  the governing body shall acknowledge receipt of the ASA proposal at its next
				  regular or special meeting. The acknowledgement shall be reflected in the
				  minutes of that meeting.
(b)
Providing notice.
Within 15 days of the date of receipt of an
				  ASA proposal, the local government unit shall provide notice of the ASA
				  proposal by doing both of the following:
(1)
				  Publishing a notice that meets the requirements of subsection (c) in a
				  newspaper having general circulation within the proposed ASA.
(2) Posting a notice that meets the
				  requirements of subsection (c) in at least five conspicuous places within,
				  adjacent to or near the proposed ASA.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.18 - Public hearing by local government unit on ASA proposal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Public hearing required.
The governing body shall hold a public hearing on an ASA proposal or proposed
				  modification of an ASA. The public hearing shall be scheduled after the earlier
				  of the following:
(1) Receipt of both the
				  report of the planning commission, as described in §
											138l.24 (relating to planning
				  commission action with respect to an ASA proposal) and the report of the
				  advisory committee, as described in §
											138l.25 (relating to advisory
				  committee action with respect to an ASA proposal).
(2) The expiration of the 45-day review
				  periods afforded the planning commission under §
											138l.24(b) and the
				  advisory committee under §
											138l.25(b).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.19 - Decision of local government unit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
180-day deadline.
A
				  governing body shall act to adopt or reject an ASA proposal, or any
				  modification of a proposal, within 180 days of the official date of receipt of
				  the ASA proposal, as this date is described in §
										138l.16(b)
				  (relating to submitting an ASA proposal form to the local government unit). If
				  the governing body fails to act within this 180-day period, the ASA proposal
				  shall be deemed adopted by the governing body, and any proposed modifications
				  to the ASA proposal shall be deemed rejected by the governing body.
(b)
Factors to be considered in
				  reaching decision.
The governing body shall consider the following in
				  reaching its decision with respect to an ASA proposal or proposed
				  modifications:
(1) The factors in §
											138l.26(a)
				  (relating to factors to be considered by the governing body of the local
				  government unit, the planning commission and the advisory committee).
(2) The inclusion, to the extent feasible, of
				  adjacent viable farmland where the landowner has applied to have the land
				  included.
(3) The exclusion, to the
				  extent feasible, of nonviable farmland and nonfarm land. It is not ordinarily
				  feasible to require the exclusion or surveying-out of the incidental nonviable
				  farm land and nonfarm land that is typically present on a parcel of viable
				  agricultural land.
(i) This nonviable farm
				  land or nonfarm land might include hedgerows, driveways and farm roads, lands
				  containing soils in Land Capability Classes V-VIII, and land upon which farm
				  buildings or residential structures and their curtilages are located.
(ii) The exclusion of nonviable farm land and
				  nonfarm land becomes more feasible as the percentage of these types of land-as
				  a proportion of a parcel's total acreage-increases and the percentage of viable
				  agricultural land within the parcel decreases.
(4) The existence of utility facilities on
				  land proposed for inclusion in an ASA will not prevent the inclusion of that
				  land in an ASA.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138l - AGRICULTURAL SECURITY AREA PROGRAM › Subchapter B - FORMATION OF AN AGRICULTURAL SECURITY AREA › Section 138l.20 - Notice of decision of the local government unit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Rejection or
				  modification.
If a governing body rejects or modifies an ASA proposal,
				  it shall provide each landowner affected by the rejection or modification with
				  a written decision as described in subsection (c). This decision shall be
				  provided by mail, and shall be mailed to each affected landowner within 10 days
				  of the decision.
(b)
Approval.
If a governing body approves an ASA proposal, it
				  shall provide each landowner affected by the approval with written notification
				  of this approval and the effective date of the ASA or ASA modifications. This
				  notification shall be provided by mail, and shall be mailed to each affected
				  landowner within 10 days of the decision.
(c)
Contents of written
				  decision.
The written decision described in subsection (a) shall
				  contain the following:
(1) Findings of
				  fact.
(2) A review of the
				  evaluation criteria in §
											138l.26 (relating to factors to be
				  considered by the governing body of the local government unit, the planning
				  commission and the advisory committee).
(3) A discussion of the reasons for rejection
				  or modification of the proposal.