PROPOSED RULEMAKING
[7 PA. CODE CH. 138h]
Agricultural Land Conservation Assistance Grant Program
[30 Pa.B. 638] The Department of Agriculture (Department) proposes to amend Chapter 138h (relating to agricultural land conservation assistance grant program).
Authority
Section 7.3 of the act of June 18, 1982 (P. L. 549, No. 159) (3 P. S. § 1207.3) (act) authorizes the Department to award grants to counties for designated purposes related to the conservation of agricultural land, and empowers the Department to promulgate regulations necessary to support the grant program. It is under this statutory authority these regulatory revisions are offered.
The act requires the Department to consult with the State Agricultural Land Preservation Board (State Board) in establishing eligibility criteria for grants and in promulgating regulations necessary to administer and enforce the act. The State Board reviewed and approved these proposed regulatory revisions at its November 5, 1998 meeting.
Need for the Proposed Amendments
The Department is preparing to solicit a second round of grant applications under the Agricultural Land Conservation Assistance Grant Program (Grant Program). The proposed regulations would help to remove certain ambiguous or unnecessary language, clarify the criteria pursuant to which grants will be awarded and otherwise facilitate the distribution of grant funds to meet the underlying Legislative intent.
In summary, the Department is satisfied there is a need for the proposed amendments, and that the proposed amendments are otherwise consistent with Executive Order 1996-1, ''Regulatory Review and Promulgation.''
Summary of the Proposed Amendments
The proposed revisions reflect the experience the Department gained in administering the Grant Program through its first round of grant applications. The revisions are intended to remove certain ambiguous or unnecessary language, clarify the criteria pursuant to which grants will be awarded and otherwise make the Grant Program more workable.
Proposed § 138h.l (relating to grant program objectives) would emphasize the primary purpose of the Grant Program: the protection and preservation of agricultural land. The final sentence of this section would be deleted, since the substance of that sentence is set forth in the definitions of ''applicant'' and ''eligible county,'' in § 138h.2 (relating to definitions).
A new term ''costs incurred'' would be added in proposed § 138h.2. This term is used repeatedly in § 138h.4(c) (relating to uses of grant funds). The definition would help to clarify that costs incurred by an applicant in the absence of a grant agreement specifically addressing those costs will not be reimbursed under the Grant Program.
Proposed § 138h.4 would accomplish several revisions:
Proposed § 138h.4(c)(1) would replace the term ''spatial mapping database'' with ''Geographic Information Systems (GIS) database.'' This would make use of the most widely used and accepted term for the type of database described in that paragraph. In addition, the paragraph would reflect that a GIS database is generally available for purchase and need not be ''created.'' The paragraph would also allow greater flexibility in terms of the resource data a GIS database would contain.
Proposed § 138h.4(c)(4) would be added to allow for up to $2,000 of a grant to be used for the purchase of computer hardware necessary for a GIS database or to develop ordinances described elsewhere in subsection (c). The Department believes the objectives of the grant program are served when a successful applicant has the full benefit of current computer technology to implement its project.
Proposed § 138h.4(e) would allow ''in-kind'' or ''like-kind'' contributions to constitute the lesser of 20% or $2,000 of an applicant's contribution of matching funds toward its project.
Proposed § 138h.5(b) (relating to eligibility criteria) would streamline the criteria pursuant to which grants are awarded. Applications would be evaluated but not ''ranked.'' The ''innovativeness'' of a project and the availability of funds from other sources would no longer be criteria in evaluating an application. Separate criteria addressing the impact and relevance of the project would be combined. The Department believes these revisions would facilitate the evaluation process.
The proposed amendments would add a new subsection (c) to § 138h.6 (relating to applications generally). This subsection would help to facilitate the grant process by reminding an applicant to document that it is an eligible county and reminding persons acting on behalf of an eligible county to confirm their authority in this regard. The proposed revision of this section would also delete the unnecessary requirement that an applicant document it could not borrow matching funds without the grant it seeks from the Department. Subsection (e) would extend the time within which the State Board or the Secretary can request additional documentation by 20 days. This would afford a full 30 days from receipt of application materials within which to request additional documentation. This extension will be more workable--particularly in light of the meeting schedule of the State Board.
Proposed § 138h.7 (relating to filing applications) would clarify that applications must be received by the Department by 4 p.m. on the last day of the 45-day application window. This revision is prompted by the large number of eligible counties that submitted their application materials late during the Grant Program's first round of applications. The final phrase in proposed § 138h.7(b) would also address applications submitted at the end of the 45-day application window by allowing for the receipt and consideration of additional necessary documentation beyond the date the application window closes.
Proposed § 138h.8 (relating to review of applications by the State Board) would delete the requirement that all applications received within the 45-day application window be reviewed by the State Board at the same meeting. This addresses situations when additional necessary documentation for an application is not received until after the scheduled meeting of the State Board at which all other applications are considered.
Proposed § 138h.10 (relating to grant agreement) would clarify that it is possible to extend the termination date of a grant agreement if the Department and the grant recipient agree in writing, but would limit any extension to no more than 6 months. This revision is proposed in light of the experience gained by the Department in administering the first round of grant applications. Several worthy grant projects took longer to complete than the grant recipients had, in apparent good faith, anticipated. The proposed revision balances the occasional need for an extension of the grant agreement termination date with the need to administer the grants efficiently and avoid a backlog of uncompleted projects.
Persons Likely to be Affected
The proposed amendments will affect any county agricultural land preservation program seeking a grant for purposes consistent with the act.
Fiscal Impact
Commonwealth The proposed amendments will impose no costs and have no fiscal impact upon the Commonwealth. The act, itself, allows for up to $750,000 to be awarded in grants. The proposed amendments would not increase or decrease that sum, but would help ensure the grant funds are spent for the purposes described in the act. To date, the Department has awarded grants totaling $145,351.84. As a result, there remains authority to award an additional $604,648.16 in grants.
Political Subdivisions The proposed amendments will impose no costs and have no fiscal impact upon political subdivisions. If a county seeks grant funds for a project permitted under the act, though, it must pay at least 50% of the project's costs.
Private Sector The proposed amendments will impose no costs and have no fiscal impact on the private sector.
General Public The proposed amendments will impose no costs and have no fiscal impact upon the general public.
Paperwork Requirements
The proposed amendments are not expected to result in an appreciable increase in paperwork. The Department has developed grant application forms which it will distribute to interested persons, and will review completed applications in consultation with the State Board. Paperwork will be minimal.
Public Comment Period
The public comment period with respect to the proposed amendments is for 30 days from the date of publication in the Pennsylvania Bulletin.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on January 24, 2000, the Department submitted a copy of the proposed amendments to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Standing Committees on Agriculture and Rural Affairs. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has an objection to any portion of the proposed amendments, it must notify the Department within 10 days after the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by the portion of the proposed amendments with respect to which an objection is made. The Regulatory Review Act sets forth detailed procedures for review of these objections by the Department, the General Assembly and the Governor prior to final publication of the proposed amendments.
Contact Person
Further information is available by contacting the Department of Agriculture, Bureau of Farmland Protection, 2301 North Cameron Street, Harrisburg, Pa. 17110-9408, Attention: Raymond C. Pickering, Director.
Sunset/Expiration Date
Although the proposed amendments would have no sunset date, their efficacy would be reviewed on an ongoing basis.
Effective Date
The proposed amendments would take effect on the date of final adoption.
SAMUEL E. HAYES, Jr.,
SecretaryFiscal Note: 2-124. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 7. AGRICULTURE
PART V-C. FARMLAND AND FOREST LAND
CHAPTER 138h. AGRICULTURAL LAND CONSERVATION ASSISTANCE GRANT PROGRAM § 138h.1. Grant Program objectives.
Through the awarding of grants and the placing of conditions upon how grant funds are to be spent, the Grant Program will fund projects which will increase the protection and preservation of agricultural land within this Commonwealth by encouraging the implementation and effectiveness of county programs in each eligible county. [A grant will only be awarded to a county whose governing body has appointed an agricultural land preservation board, even though the county may not have a county program.]
§ 138h.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Costs incurred--Expenses that are permitted under a grant agreement and that have been paid by a grant recipient in expectation of reimbursement under the grant agreement and this chapter.
* * * * * § 138h.4. Uses of grant funds.
* * * * * (c) Allowable expenditures of grant funds. Grant funds shall be used for one or more of the following purposes:
(1) To cover costs incurred by an applicant in [creating a spatial mapping] obtaining a Geographic Information Systems (GIS) database. The database shall[, at a minimum,] contain resource data such as: county topographic data, property boundaries, soil boundaries, soil capability classes [and], soil productivity ratings and relative values for soils.
* * * * * (4) To cover costs up to $2,000 incurred by an applicant in the purchase of computer hardware directly linked to achieving the purposes of paragraphs (1) and (2).
* * * * * (e) Use of ''in-kind'' or ''like-kind'' funding. The value of in-kind or like-kind contributions shall be considered in calculating an applicant's contribution of matching funds to a project. In-kind or like-kind contributions may be counted toward an applicant's matching contribution. In-kind or like-kind contributions used for this purpose may not exceed $2,000 or 20% of an applicant's total matching contribution, whichever is less.
§ 138h.5. Eligibility criteria.
(a) General. The following general criteria apply to applications for projects:
* * * * * (2) Subsequent stages or upgrades [of previously completed projects for which funding has already been approved] may be considered for funding if documentation is provided to the Department to demonstrate that the stage [of the project] or upgrade [identified in the application] was not included in funding plans for earlier stages of the project.
(b) Specific. The following specific criteria will be used to evaluate [and rank] applications for funding consideration:
(1) The acceptability of costs within the proposed budget.
(2) [The availability of funding for the project from a source other than the Commonwealth.
(3)] The extent to which the project [shall impact upon the] contributes to the Commonwealth's goal of preserving agricultural [lands within this Commonwealth] land.
[(4) The relevance of the project to encouraging the preservation of agricultural lands.
(5)] (3) * * *
[(6) The value to the community of the project described in the application.
(7) The innovativeness of the project.
(8)] (4) * * *
[(9)] (5) * * *
§ 138h.6. Applications generally.
* * * * * (c) Authorization. In addition to the application, applicants shall submit a written resolution passed by the county board authorizing the person submitting the grant application to execute the grant application on behalf of the county board.
[(c)] (d) Additional documentation. The State Board and the Secretary may require an applicant to submit additional documentation to complete or verify the application form. The additional documentation may include a letter, affidavit or other documentation, to:
(1) Verify [the legitimacy of the applicant's agricultural land preservation board] that the applicant is an eligible county.
* * * * * [(4) Obtain from a third party which is providing matching funds to an applicant a recommendation that a grant under this chapter be awarded the applicant and verifying that its contribution of funds to the project would not be available without a grant from the Department.
(d)] (e) Request for additional documentation. If additional documentation is necessary, the State Board or the Secretary will mail a written request for additional documentation to the applicant within [10] 30 days of receipt of the application.
§ 138h.7. Filing applications.
(a) Place and time. An application for a grant under the Grant Program shall be received by the program administrator at the Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408, during the specific 45-day annual application period as advertised in the Pennsylvania Bulletin. Applications will not be accepted after 4 p.m. on the last day (day 45) of the application period. The advertisement will be published at least 30 days prior to the commencement of the application period.
(b) Incomplete or inaccurate applications. The Department will review each application and any supporting documentation that is received within the 45-day application period. If an application is found to be incomplete or inaccurate, the Department will request additional information and will discontinue further processing of the application if the documentation is not received by the Department within [the 45-day application period described in subsection (a)] 15 days from the date of the request or the close of the 45-day application period, whichever is longer.
§ 138h.8. Review of application by State Board.
(a) Transmittal of application to State Board. When the Department determines a grant application is complete and accurate, it will forward this application, together with supporting documentation submitted therewith, to the State Board for review at its next regularly scheduled meeting. [Since all applications are to be submitted and completed within the same time period, all applications for funding will be transmitted to the State Board at the same time.]
* * * * * § 138h.9. Notice of disposition of application.
The Department will mail to the applicant written notice of the approval or disapproval of a grant application within 30 days of [a] the State Board's decision. This notice will be by regular mail to the address indicated by the applicant on the grant application form.
§ 138h.10. Grant agreement.
(a) General. After the State Board approves a grant application, and as a precondition to the Department's release of grant funds to a successful applicant, the Department and the applicant shall execute a written grant agreement which describes the terms and conditions subject to which the grant is made. This grant agreement shall contain and conform to the requirements of this chapter and applicable State laws. It shall also contain any special terms and conditions required by the State Board and the Secretary.
(b) Extension of project completion date. Although the project completion date set forth in the grant agreement may be extended by mutual written agreement of the Department and the grant recipient, the project completion date will not be extended more than 6 months.
§ 138h.12. Grant cancellation.
* * * * * (b) Failure to [establish a] obtain State Board approval of a county program. If, within 2 calendar years of the date of the first grant agreement to that county, the grant recipient does not have a county program in place, the grant funds provided to the eligible county under this chapter shall be returned to the Department in full as described in § 138h.11(c).
[Pa.B. Doc. No. 00-215. Filed for public inspection February 4, 2000, 9:00 a.m.]
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