reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › LIABILITY FOR ROLL-BACK TAXES › Section 137b.85 - Split-off occurring through condemnation

Current through Register Vol. 54, No. 28, July 13, 2024
If any portion of a tract of enrolled land is condemned,
					 the condemnation will not trigger liability for roll-back taxes on either the
					 condemned portion of the enrolled land or the remainder. If the condemned
					 portion or the remainder of the enrolled land remains in agricultural use,
					 agricultural reserve or forest reserve, and meets the criteria in section 3 of
					 the act (72 P. S. §
											5490.3),
					 preferential assessment shall continue with respect to that condemned portion
					 or remainder.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › LIABILITY FOR ROLL-BACK TAXES › Section 137b.86 - Split-off occurring through voluntary sale in lieu of condemnation

Current through Register Vol. 54, No. 28, July 13, 2024
If any portion of a tract of enrolled land is-in lieu of
					 requiring the condemnation process to proceed-voluntarily conveyed by a
					 landowner to an entity that possesses the lawful authority to acquire that
					 portion through condemnation, the conveyance will not trigger liability for
					 roll-back taxes on either the split-off portion of the enrolled land or the
					 remainder. If the split-off portion or the remainder of the enrolled land
					 remains in agricultural use, agricultural reserve or forest reserve, and meets
					 the criteria in section 3 of the act (72 P. S. §
											5490.3), preferential assessment shall
					 continue with respect to that split-off portion or remainder.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › LIABILITY FOR ROLL-BACK TAXES › Section 137b.87 - Change in use of separated land occurring within 7 years of separation

Current through Register Vol. 54, No. 28, July 13, 2024
If enrolled land undergoes separation, and one of the
					 tracts created through separation is converted to a use other than agricultural
					 use, agricultural reserve or forest reserve within 7 years of the date of the
					 separation, or is converted so that it no longer meets the requirements of
					 section 3 of the act (72 P. S. §
											5490.3), the owner of the ineligible tract
					 owes roll-back taxes and interest with respect to all of the enrolled land. The
					 ineligible tract may no longer receive preferential assessment under the act.
					 The remaining enrolled land shall continue to receive a preferential
					 assessment.
Example
: Landowner A owns 100 acres of
					 enrolled land, which is in agricultural use. Landowner A sells Landowner B a
					 50-acre portion of this enrolled land. Both 50-acre tracts continue in
					 agricultural use, and preferential assessment continues with respect to both
					 tracts. Six years after the original 100-acre tract of enrolled land was
					 separated, Landowner B converts his 50-acre tract to industrial use. Landowner
					 B owes roll-back taxes and interest with respect to the entire 100-acre tract.
					 Landowner A's 50-acre tract continues to receive preferential assessment, and
					 preferential assessment of Landowner B's 50-acre tract ends.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › LIABILITY FOR ROLL-BACK TAXES › Section 137b.88 - Change in use of separated land occurring 7 years or more after separation

Current through Register Vol. 54, No. 28, July 13, 2024
If enrolled land undergoes separation, and one of the
					 tracts created through separation is converted to other than agricultural use,
					 agricultural reserve or forest reserve 7 years or more after the date of the
					 separation, the owner of the separated tract owes roll-back taxes and interest
					 with respect to that separated tract, but does not owe roll-back taxes with
					 respect to the remainder of the enrolled land. The separated tract may no
					 longer receive preferential assessment under the act. The remaining enrolled
					 land shall continue to receive a preferential assessment.
Example
: Landowner A owns 100 acres of
					 enrolled land, which is in agricultural use. Landowner A sells Landowner B a
					 50-acre portion of this enrolled land. Both 50-acre tracts continue in
					 agricultural use, and preferential assessment continues with respect to both
					 tracts. Eight years after the original 100-acre tract of enrolled land was
					 separated, Landowner B converts his 50-acre tract to industrial use. Landowner
					 B owes roll-back taxes and interest with respect to the 50-acre tract which he
					 has converted to ineligible use. Landowner A's 50-acre tract continues to
					 receive preferential assessment, and preferential assessment of Landowner B's
					 50-acre tract ends.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › LIABILITY FOR ROLL-BACK TAXES › Section 137b.90 - Due date for roll-back taxes

Current through Register Vol. 54, No. 28, July 13, 2024
If roll-back taxes and interest are owed, they are due on
					 the day of the change in use or other event triggering liability for those
					 roll-back taxes.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › LIABILITY FOR ROLL-BACK TAXES › Section 137b.91 - Liens for nonpayment of roll-back taxes

Current through Register Vol. 54, No. 28, July 13, 2024
The county can refer a claim for unpaid roll-back taxes and
					 interest to the county's tax claim bureau, and take other actions necessary to
					 cause a lien to be placed on the land for the value of the roll-back taxes and
					 interest and other administrative and local court costs. The lien can be
					 collected in the same manner as other lien-debts on real
					 estate.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › LIABILITY FOR ROLL-BACK TAXES › Section 137b.92 - Time period within which roll-back taxes are to be calculated and notice mailed

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. A county assessor shall calculate the roll-back taxes
				  and interest, and mail notice of these roll-back taxes to the affected
				  landowner, within 5 days of learning of a change in status triggering liability
				  for roll-back taxes. The county assessor shall also mail a copy of the notice
				  to the other taxing bodies of the district in which the land is
				  located.
(b)
Notice of
				  change of application
. If a county assessor receives a "notice of
				  change of application" described in §
										137b.63 (relating to notice of
				  change of application), and that notice triggers liability for roll-back taxes,
				  the 5-day period described in subsection (a) shall commence as of receipt of
				  that notice.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › LIABILITY FOR ROLL-BACK TAXES › Section 137b.93 - Disposition of interest on roll-back taxes

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
"Eligible county"
				  explained.
A county is an "eligible county" under the Agricultural
				  Area Security Law (3 P. S. §
											§
											901-915), and for purposes of this chapter,
				  if it has an agricultural conservation easement purchase program that has been
				  approved by the State Agricultural Land Preservation Board in accordance with
				  that statute.
(b)
Disposition in an eligible county.
(1)
County treasurer.
If a
				  county is an eligible county, the county treasurer shall make proper
				  distribution of the interest portion of the roll-back taxes it collects to the
				  county commissioners or the county comptroller, as the case may be. The county
				  commissioners or comptroller shall designate all of this interest for use by
				  the county agricultural land preservation board. This interest shall be in
				  addition to other local money appropriated by the eligible county for the
				  purchase of agricultural conservation easements under section
				  14.1(h) of the
				  Agricultural Area Security Law (3 P. S. §
												914.1(h)).
(2)
County agricultural land
				  preservation board.
A county agricultural land preservation board that
				  receives interest on roll-back taxes in accordance with paragraph (1) shall
				  segregate that money in a special roll-back account. Notwithstanding any other
				  provisions of the Agricultural Area Security Law, the eligible county board
				  under the Agricultural Area Security Law shall, at its discretion and in
				  accordance with its approved county agricultural conservation easement purchase
				  program, give priority to the purchase of agricultural conservation easements
				  from agricultural security areas located within the municipality in which the
				  land subject to the roll-back tax is located, when using the funding from the
				  special roll-back account.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › DUTIES OF COUNTY ASSESSOR › Section 137b.101 - General

Current through Register Vol. 54, No. 28, July 13, 2024
A county assessor shall perform all the duties prescribed
					 by the act and this chapter. The county assessor has the major responsibility
					 for administration of the act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › DUTIES OF COUNTY ASSESSOR › Section 137b.102 - Recordkeeping

Current through Register Vol. 54, No. 28, July 13, 2024
A county assessor shall indicate on property record cards,
					 assessment rolls and any other appropriate records the base year fair market
					 value, the use value, the normal assessment and the preferential assessment of
					 all tracts of enrolled land.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › DUTIES OF COUNTY ASSESSOR › Section 137b.103 - Recording approved applications

Current through Register Vol. 54, No. 28, July 13, 2024
A county assessor shall record any approved application in
					 the office of the recorder of deeds in the county where the land is
					 preferentially assessed.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › DUTIES OF COUNTY ASSESSOR › Section 137b.104 - Determining total use value

Current through Register Vol. 54, No. 28, July 13, 2024
A county assessor shall determine the total use value for
					 all enrolled land. The contributory value of farm buildings shall be used in
					 determining the total use value.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › DUTIES OF COUNTY ASSESSOR › Section 137b.105 - Annual update of records

Current through Register Vol. 54, No. 28, July 13, 2024
A county assessor shall, at least on an annual basis,
					 update property record cards, assessment rolls and any other appropriate
					 records to reflect all changes in the fair market value, the use value, the
					 normal assessment and the preferential assessment of all tracts of enrolled
					 land. This subsection does not require that a county assessor recalculate the
					 preferential assessment of all enrolled land each year, but instead requires
					 the county assessor to maintain reasonably current records reflecting any
					 changes in preferential assessment.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › DUTIES OF COUNTY ASSESSOR › Section 137b.106 - Notification of change in preferential assessment status

Current through Register Vol. 54, No. 28, July 13, 2024
A county assessor shall provide the owner of enrolled land
					 and the taxing bodies of the district in which the land is situated with
					 written notice of an approval, termination or change with respect to
					 preferential assessment status. This written notice shall apprise the
					 land-owner and the taxing body of the right to appeal the action in accordance
					 with section 9 of the act (72 P. S. §
											5490.9). The written notice shall be mailed
					 within 5 days of the change of status. If the written notice terminates or
					 changes preferential assessment status it shall set forth the reasons for the
					 change or termination.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › DUTIES OF COUNTY ASSESSOR › Section 137b.107 - Notification of change in factors affecting total assessment

Current through Register Vol. 54, No. 28, July 13, 2024
A county assessor shall provide the owner of enrolled land
					 and the taxing bodies of the district in which the land is situated with
					 written notice of any change in the base year fair market value, the normal
					 assessment, the use value or the preferential assessment. This written notice
					 shall apprise the landowner and the taxing body of the right to appeal the
					 action in accordance with section 9 of the act (72 P. S. §
											5490.9). The written notice shall be mailed
					 within 5 days of the change.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › DUTIES OF COUNTY ASSESSOR › Section 137b.108 - Adjusting records to reflect split-off, separation or transfer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A county
				  assessor shall adjust an approved and recorded application for preferential
				  assessment under the act to reflect a change when an owner of enrolled land
				  changes enrollment status as a result of a split-off, separation, transfer or
				  change of ownership. These changes may include those actions described in
				  §
										137b.52 (relating to duration of
				  preferential assessment).
(b) A
				  county assessor may require the preparation, execution and filing of a new
				  application for preferential assessment (without charging the landowner an
				  application fee) to accomplish such an adjustment.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › DUTIES OF COUNTY ASSESSOR › Section 137b.109 - Enforcement and evidence gathering

Current through Register Vol. 54, No. 28, July 13, 2024
The evidentiary burden shall be on a county assessor to
					 produce evidence demonstrating that a split-off tract is actively being used in
					 a manner which is inconsistent with residential use, agricultural use,
					 agricultural reserve or forest reserve.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › DUTIES OF COUNTY ASSESSOR › Section 137b.110 - Assessment of roll-back taxes

Current through Register Vol. 54, No. 28, July 13, 2024
A county assessor shall calculate, assess and file claims
					 with the county's tax claim bureau for roll-back taxes and interest owed under
					 the act.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › DUTIES OF COUNTY ASSESSOR › Section 137b.111 - Record of tax millage

Current through Register Vol. 54, No. 28, July 13, 2024
A county assessor shall maintain a permanent record of the
					 tax millage levied by each of the taxing authorities in the county for each tax
					 year.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › DUTIES OF COUNTY ASSESSOR › Section 137b.112 - Submission of information to the Department

Current through Register Vol. 54, No. 28, July 13, 2024
A county assessor shall, by January 31 of each year,
					 compile and submit the information required by the Department under §
										137b.3(b)
					 (relating to responsibilities of the Department). This includes the following
					 information:
(1) The cumulative number
				  of acres of enrolled land in the county, by land use category, at the end of
				  the previous year.
(2) The number
				  of acres enrolled in each land use category during the previous year.
(3) The number of acres of land, by land use
				  category, with respect to which preferential assessment was terminated within
				  the previous year.
(4) The dollar
				  amount received as roll-back taxes within the previous year.
(5) The dollar amount received as interest on
				  roll-back taxes within the previous year.
The provisions of this §
												137b.112 amended under section 11
						of the Pennsylvania Farmland and Forest Land Assessment Act of 1974
						(72
						P. S. §
													5490.11).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › RECORDER OF DEEDS › Section 137b.121 - Duty to record

Current through Register Vol. 54, No. 28, July 13, 2024
A recorder of deeds shall record approved applications for
					 preferential assessment in a preferential assessment docket, and record changes
					 of land use triggering the imposition of roll-back taxes.
This section cited in 7 Pa. Code §
												137b.73a (relating to gas, oil and
						coal bed methane).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › RECORDER OF DEEDS › Section 137b.122 - Fees of the recorder of deeds

Current through Register Vol. 54, No. 28, July 13, 2024
A recorder of deeds may charge a landowner whose
					 application for preferential assessment is approved a fee for filing the
					 approved application in a preferential assessment docket. This fee may also be
					 charged with respect to the filing of an amendment to a previously-approved
					 application. A recording fee may not be chargedunless the application or
					 amendment has been approved by the county board for assessment appeals. The
					 maximum fee for recording approved preferential assessment applications and
					 amendments thereto shall be in accordance with laws relating to the imposition
					 of fees by recorders of deeds.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › MISCELLANEOUS › Section 137b.131 - Civil penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. A county board for assessment appeals may assess a
				  civil penalty of not more than $100 against a person for each violation of the
				  act or this chapter. An action that triggers liability for roll-back taxes and
				  interest does not, by itself, constitute a violation of the act or this
				  chapter.
(b)
Written notice
				  of civil penalty
. A county board for assessment appeals shall assess a
				  civil penalty against a person by providing that person written notice of the
				  penalty. This notice shall be served by certified mail or personal service. The
				  notice shall set forth the following:
(1) A
				  description of the nature of the violation and of the amount of the civil
				  penalty.
(2) A statement that the
				  person against whom the civil penalty is being assessed may appeal the penalty
				  by delivering written notice of the appeal to the county board for assessment
				  appeals within 10 calendar days of receipt of the written notice of
				  penalty.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › MISCELLANEOUS › Section 137b.132 - Distributing taxes and interest

Current through Register Vol. 54, No. 28, July 13, 2024
The county treasurer or tax claim bureau shall be
					 responsible for the proper distribution of the taxes to the proper taxing
					 authority (that is, political subdivision) and the proper distribution of
					 interest in accordance with §
										137b.93 (relating to disposition of
					 interest on roll-back taxes).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 137b - PREFERENTIAL ASSESSMENT OF FARMLAND AND FOREST LAND UNDER THE CLEAN AND GREEN ACT › MISCELLANEOUS › Section 137b.133 - Appealing a decision of the county assessor

Current through Register Vol. 54, No. 28, July 13, 2024
A landowner whose land is the subject of an application for
					 preferential assessment under the act, or a political subdivision affected by
					 the preferential assessment of that land may appeal a decision of the county
					 assessor regarding the application and the method used to determine
					 preferential assessments under the act. The landowner shall first appeal to the
					 county board of assessment. After this board has made a decision, the landowner
					 then has a right to appeal to the court of common pleas.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138a - FAMILY FARM DEVELOPMENT PROGRAM › Section 138a.1 - Program objectives

Current through Register Vol. 54, No. 28, July 13, 2024
The Family Farm Development Program was created to maintain
				  and expand family farming through economic initiatives for beginning farmers,
				  and farmers desiring to change, maintain, make capital improvements or expand
				  their family farms.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138a - FAMILY FARM DEVELOPMENT PROGRAM › Section 138a.3 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may guarantee loans and provide interest
				  payments to a lender for up to the first 3 years of a loan to a borrower,
				  except in the case of a loan for working capital when interest deferrals will
				  be provided for only the first year of the loan.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138a - FAMILY FARM DEVELOPMENT PROGRAM › Section 138a.4 - Permissible uses of loan proceeds and maximum terms of loans

Current through Register Vol. 54, No. 28, July 13, 2024
Loan proceeds which are guaranteed by the Department or have
				  received an interest deferral shall be used for the following eligible
				  agricultural purposes:
(1)
				Acquisition, construction or rehabilitation of farmland and farm structures
				located on farmland within this Commonwealth owned or leased by a family farm
				enterprise. The term of the loan may not exceed 20 years.
(2) Acquisition, repair or replacement of
				capital assets, such as equipment and livestock to be used on farmland within
				this Commonwealth by a family farm enterprise. The term of the loan may not
				exceed 7 years.
(3) Working capital
				for the acquisition of fertilizer, seed, livestock feed and other supplies
				which will be used on farmland within this Commonwealth by a family farm
				enterprise. The term of the loan may not exceed 1 year.
This section cited in 7 Pa. Code §
											138a.6 (relating to condition of
					 loan guarantees); and 7 Pa. Code §
											138a.7 (relating to conditions on
					 interest deferrals).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138a - FAMILY FARM DEVELOPMENT PROGRAM › Section 138a.5 - Limitation

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will not guarantee a loan or provide an
				  interest deferral unless the applicant demonstrates that the assistance would
				  be used by the borrower for the production of agricultural commodities on land
				  or in facilities suitable for the production and would:
(1) Facilitate the continued operation or
				transfer of a farm within this Commonwealth which is currently active. In
				utilizing this requirement, consideration may be given to the need for
				assistance in order to acquire productive assets to recover from:
(i) A natural disaster, other than a
				disease-related disaster, in the applicant's location, such as fire, drought or
				flood if Federal or other assistance is not available on a timely
				basis.
(ii) A bankruptcy or an
				unforeseen financial setback which is not the fault of the borrower.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138a - FAMILY FARM DEVELOPMENT PROGRAM › Section 138a.6 - Condition of loan guarantees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Upon default of a loan guaranteed under this program, the Commonwealth will pay
				the lender the lesser of:
(1) Ninety-percent
				of the deficiency on the loan following liquidation of collateral, where the
				loan deficiency means the outstanding principal balance of the loan less the
				collateral and all other security on the loans; and less estimated loss
				settlements previously paid by the Department under subsection (d).
(2) Two-hundred thousand dollars for the
				portion of the loan used for farmland and farm structures; $150,000 for the
				portion of the loan used for acquiring equipment, livestock and capital assets;
				$50,000 for the portion of the loan used for working capital for the
				acquisition of fertilizer, seed, livestock feed and other supplies to be used
				on farmland by a borrower.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138a - FAMILY FARM DEVELOPMENT PROGRAM › Section 138a.7 - Conditions on interest deferrals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Interest deferrals shall continue for up
				to the first 3 years of a loan, except in the case of a loan for working
				capital when interest deferrals will be provided for only the first year of the
				loan.
(b) The borrower shall fully
				reimburse the Department through the lender over a term not to exceed the
				length of the remaining term of the loan. Interest may not be charged on
				interest deferrals. The Secretary will specify the date on which the interest
				deferral payments will cease and the date on which repayments of interest
				deferred will commence.
(c) An
				interest deferral will not be permitted as part of a general refinancing of a
				current loan from the lender to the borrower unless the current loan was made
				for a permissible use as set forth in §
									138a.4 (relating to permissible
				uses of loan proceeds and maximum terms of loans) and one of the following
				exists:
(1) The refinancing is necessary due
				to a natural disaster suffered by the borrower.
(2) If it is needed to avoid the foreclosure
				of a mortgage on the borrower's farm, where the foreclosure is due to serious
				financial hardship not the fault of the borrower and the borrower has a
				reasonable prospect of resuming full payment of principle and interest on the
				farm mortgage.
(3) The primary
				purpose of the refinancing is to facilitate the implementation of a business
				plan reasonably designed to improve the operating results of the borrower's
				family farm through substantial changes in the operations of the
				farm.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138a - FAMILY FARM DEVELOPMENT PROGRAM › Section 138a.8 - General conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				borrower who sells or conveys the property for which an interest deferral or
				loan guarantee was granted shall immediately repay the loan in full to the
				lender and repay outstanding interest deferral owed to the Commonwealth through
				the lender.
(b) A borrower who
				fails to maintain the land or facility for which an interest deferral or loan
				guarantee was granted for a period longer than 1 year shall be considered to be
				in default and shall repay the loan in full to the lender and repay outstanding
				interest deferral to the Commonwealth. The default may be waived by the
				Secretary in the event of a physical disability of the borrower or other
				extenuating circumstances.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138a - FAMILY FARM DEVELOPMENT PROGRAM › Section 138a.9 - Review of application

Current through Register Vol. 54, No. 28, July 13, 2024
The evaluation of the loan guarantee or interest deferral
				  application will be based on the following criteria:
(1) The education, training and experience of
				the borrower in the type of farming for which the loan guarantee or interest
				deferral is requested.
(2) The
				financial ability of the borrower to meet and satisfy debt service as it
				becomes due and payable as determined by financial statements and cash flow
				statements.
(3) The sufficiency of
				available collateral.
(4) The
				relevant criminal and credit history and ratings of the borrower as determined
				from credit reporting services and other sources.
(5) The eligibility of the borrower and the
				project for which the guarantee or interest deferral is being sought.
(6) The capital needs of the
				borrower.
(7) The payment to date
				of all tax obligations due and owing by the borrower to the Commonwealth or
				political subdivisions.
(8)
				Evidence that insufficient private funds are available at reasonable rates and
				terms within the necessary time without the requested assistance.
This section cited in 7 Pa. Code §
											138a.10 (relating to
					 administration).
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138a - FAMILY FARM DEVELOPMENT PROGRAM › Section 138a.10 - Administration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
				of Commerce and the Department will jointly certify area loan organizations for
				the processing of loan applications. The area loan organizations shall enter
				into a contract with the Commonwealth specifying their respective duties and
				obligations.
(1) To receive certification,
				the area loan organization shall possess and demonstrate expertise in matters
				relating to agriculture and farm lending as evidenced by an acceptable loan
				review committee and professional staff support.
(2) An area loan organization may establish
				and charge, without prior Department approval, a service fee of not greater
				than $50 for each application received and reviewed and may establish and
				charge an additional service fee for each application given formal approval by
				the Secretary in an amount not to exceed $150 for an application of $100,000 or
				less and in an amount not to exceed $200 for applications greater than
				$100,000. Fees in excess of these amounts may only be established and charged
				upon application to and with prior approval of the Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.1 - Program objectives

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 208 of the General Appropriation Act of 1987,
				  the act of July 3, 1987 (P. L. 459, No. 9A), the legislature appropriated $1
				  million to the Department for agricultural development for the 1987-88 Fiscal
				  Year. A portion of these monies has been used to create the Agricultural
				  Entrepreneur Development Program. The program matches dollar-for-dollar private
				  sector monies for projects that locate or expand processing facilities in this
				  Commonwealth which utilize and add value to Commonwealth-grown farm
				  commodities.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.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 contents clearly indicates
				  otherwise:
Agricultural processor
-A person or entity
				  that subjects one or more farm commodities to a process of manufacturing,
				  development or preparation for market, or a person or entity that converts a
				  farm product into a marketable form, such as livestock by slaughtering, fruits
				  and vegetables by sorting and repacking, manure by composting and bagging and
				  hardwood by milling.
Applicant
-An individual, partnership,
				  association, cooperative or corporation applying for a grant.
Department
-The Department of Agriculture of
				  the Commonwealth.
Farm commodity
-A Commonwealth-grown
				  agricultural, horticultural, aquacultural, vegetable, fruit and floricultural
				  product of the soil, livestock and meats, wools, hides, furs, poultry, eggs,
				  dairy products, manure products, nuts, mushrooms, honey products and
				  hardwoods.
Secretary
-The Secretary of Agriculture of
				  the Commonwealth.
Value added
-The increase in the fair market
				  value of a farm commodity resulting from its processing.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.3 - Grant Committee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose.
The Grant Committee will review grant proposals and
				supporting documentation and forward recommendations of approval or rejection
				to the Secretary, along with the rationale for its decision, and other
				information requested by the Secretary. The Grant Committee will forward to the
				Secretary restrictions or special conditions it recommends to be placed on the
				grant.
(b)
Majority
				requirement.
The Grant Committee will not recommend the approval of a
				grant unless a majority of the quorum present at the meeting votes in favor of
				the grant. A quorum shall consist of four members.
(c)
Membership.
The
				Secretary will appoint seven persons as members of the Grant Committee and will
				include among those appointed a rural sociologist, an agricultural engineer, an
				agricultural economist, a business finance professional, a processing
				technology expert and a member of the Governor's Economic Development
				Partnership. The Secretary or a designee will be the Chairperson of the
				Committee.
(d)
Reimbursement.
A member of the Grant Committee is not entitled
				to compensation for service as a member, but is entitled to reimbursement at
				the current rates set by the Commonwealth for necessary expenses incurred in
				connection with the performance of the member's duties as a member of the Grant
				Committee.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.4 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Citizenship.
To be eligible for a grant, the applicant, if an
				individual or a member of a partnership, shall be a citizen of the United
				States on or before the date of filing an application for a loan under this
				chapter.
(b)
Corporations.
If the applicant is a corporation, the applicant
				shall be incorporated or registered in this Commonwealth to be
				eligible.
(c)
Eligible
				uses.
A grant shall be used by the applicant for the purposes of
				constructing, expanding, or both, the applicant's agricultural processing
				operation. Grant proceeds shall be used for any of the following purposes:
(1) Purchase of an existing building to be
				used primarily for processing operations.
(2) Construction of a new building to be used
				primarily for processing operations.
(3) Purchase of equipment to be used for the
				processing operation.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.5 - Submission of proposal

Current through Register Vol. 54, No. 28, July 13, 2024
An agricultural processor that wishes to be considered for a
				  grant under this program shall submit an application to the Department in the
				  form of a proposal, addressing the criteria in §
									138b.7 (relating to criteria for
				  awarding grants) and the following information:
(1) Name, address and telephone number, using
				the official name without abbreviations unless the abbreviation is part of the
				official name. For an individual, partnership or corporation, the names and
				trade name used shall be indicated, a copy of the partnership agreement or
				articles of incorporation shall be attached and a contact person shall be
				indicated.
(2) Grant amount
				requested.
(3) Detailed project
				description, including, but not limited to:
(i) Identity and source of farm commodity to
				be processed.
(ii) Potential for
				job creation.
(iii) Total project
				cost estimates.
(iv) Experience and
				credentials of the applicant.
(v)
				If applicable, explanation of how new technology will be used in connection
				with the project.
(vi) Market
				demand for final product of the processing operation.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.6 - Processing proposals

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receiving a proposal and the required supporting
				  documentation, the Department will review the information for the completeness
				  and accuracy. If the information is found to be incomplete or inaccurate,
				  additional data will be requested and final processing of the application will
				  be discontinued until requested data is supplied by the applicant. The
				  Department may terminate the processing of an incomplete application if
				  additional data is not supplied to the Department within a reasonable time
				  after a written request.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.7 - Criteria for awarding grants

Current through Register Vol. 54, No. 28, July 13, 2024
Grants will be awarded by the Secretary only after
				  consideration of the Grant Committee's recommendation. In making its
				  recommendation to the Secretary, the Grant Committee will consider:
(1)
The applicant.
A
				prerequisite for a grant is an applicant who has demonstrated achievement as an
				agricultural processor. Accordingly, the following factors will be considered:
(i) The capital needs of the applicant in
				light of available funds.
(ii) The
				payment to date of tax obligations due and owed by the applicant to the
				Commonwealth or a political subdivision.
(iii) The experience and credentials of the
				applicant.
(iv) The credit history
				and rating of the applicant as determined from credit reporting services and
				other sources.
(v) The applicant's
				total assets controlled, equity owned, contingent liabilities and history of
				earnings to date.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.8 - Award of grant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The amount
				of the grant is determined on the basis of the viability of the project,
				financial need of the applicant, funds available for grants and the number of
				eligible applicants. No proposal will be accepted for a grant of less than
				$10,000 nor for a grant that exceeds $100,000. The amount of the grant will not
				exceed the amount of matching funds. Prior to receiving the grant proceeds, the
				applicant shall give evidence that matching funds-excluding in-kind services,
				plant and equipment-for the project were utilized.
(b) The award of the grant is contingent upon
				the applicant's signing of a grant agreement provided by the
				Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.9 - Certification of completion

Current through Register Vol. 54, No. 28, July 13, 2024
Within 30 days of the completion of the project or by October
				  1, 1988, whichever comes first, the applicant shall file with the Department a
				  certification of completion on a form provided by the Department, signed by the
				  applicant's president or treasurer, stating that the project outlined in the
				  proposal has been completed.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.10 - Inspection and payment

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of the certificate of completion, the Department
				  will inspect the project to determine if it is complete. If the Department is
				  satisfied that the project is complete, payment of the grant will be made in
				  accordance with the grant agreement and this chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.11 - 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 applicant monies not expended in accordance with the grant agreement
				  or this chapter.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.12 - 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 cost
				  overruns incurred by an applicant.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.13 - Records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The applicant
				shall maintain books, records and other evidence pertinent to costs incurred in
				connection with the project. The books and records shall be maintained
				according to generally accepted accounting principles.
(b) Financial records, supporting documents,
				statistical records and other records pertaining to the grant shall be retained
				by the applicant for 7 years following the date payment is made. The records
				and documents shall be available for inspection or audit by the Commonwealth,
				its agencies and instrumentalities.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138b - AGRICULTURAL ENTREPRENEUR DEVELOPMENT PROGRAM- STATEMENT OF POLICY › Section 138b.14 - Conflict of interest prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
No member of the Grant Committee, employe of the Department
				  or a person in the immediate family or household of a member of the Grant
				  Committee or employe of the Department may be a party to or have an interest in
				  a contract, agreement or grant made under this chapter. If a contract,
				  agreement or grant is made in violation of this section, the agreement or grant
				  is null and void and without effect and no action may be maintained thereon by
				  a person or entity against the Commonwealth. If a contract, agreement or grant
				  is made in violation of this section, the Commonwealth may maintain an
				  action.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.1 - Program objectives

Current through Register Vol. 54, No. 28, July 13, 2024
The Agricultural Technology Loan Program is a matching loan
				  program which allows farmers in this Commonwealth to compete annually for
				  low-cost loans. Farmers demonstrating the greatest need and proposing the most
				  innovative use of technology will be awarded low-cost loans for projects which
				  will increase productivity or provide entrance into new product markets. The
				  number of loans made annually will depend on the amount of money contained in
				  the revolving fund.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.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:
Applicant
-An individual, partnership,
				  association or corporation applying for a loan under this chapter.
Department
-The Department of Agriculture of
				  the Commonwealth.
Farm operation
-A Pennsylvania farm which
				  produces farm products for profit.
Farm product
-An agricultural, horticultural,
				  vegetable, fruit or floricultural product of the soil, livestock or meats,
				  wools, hides, poultry, eggs, dairy products, nuts, mushrooms or fish produced
				  in an aquacultural project which is part of a farm operation.
Lender
-A bank, savings bank, mutual savings
				  bank, building and loan association, mortgage or finance company organized
				  under the laws of the Commonwealth or the United States.
Loan Committee
-See §
									138d.11 (relating to Loan
				  Committee).
Quorum
-A majority of the Loan
				  Committee.
Secretary
-The Secretary of the
				  Department.
Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138d - AGRICULTURAL TECHNOLOGY LOAN PROGRAM- STATEMENT OF POLICY › Section 138d.3 - Amount of loan

Current through Register Vol. 54, No. 28, July 13, 2024
The maximum amount of a loan is $50,000. The amount of the
				  loan may not exceed the amount of matching funds provided by the lender under
				  §
									138d.6 (relating to evidence of
				  matching funds).
This section cited in 7 Pa. Code §
											138d.12 (relating to action by
					 Secretary).