04/15/24 - 66 New Stories - REAL Environmental & Conservation Leadership In PA: http://tinyurl.com/msuwtctm
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Bills On Governor's Desk
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The following bills was given final approval and are now on the Governor's desk--
Act 319 Exceptions: House Bill 143 (Major-R-Susquehanna) amending Act 319 to authorize the splitting off of land for noncoal mining was signed into law by the Governor and is now Act 34. “I drafted this bill in response to concerns from the Bluestone industry, county commissioners and county property tax assessment offices on how to properly assess land used for noncoal surface mining,” said Rep. Major. “I am pleased members of the General Assembly realized the importance of this bill and gave it their full support, and that the governor was able to sign it into law so swiftly.”
The Clean and Green program was created in 1974 to encourage preservation of agricultural land. Properties enrolled in the program are assessed and taxed based on their use value, rather than the higher market value. Under the law, if the use of the property changes, owners may be assessed roll-back taxes on all or part of the land.
The main concern for the Bluestone operators was that rolling back taxes on the entire parcel of land – as opposed to only the portion of land being used – was cost prohibitive to the industry.
Rep. Major said, simply put, the new law will make sure land that is used for small noncoal surface mining will be treated the same as land used for wind energy or for oil, gas and coal bed methane exploration and extraction under the Clean and Green program.
“The Pennsylvania Bluestone industry is an important job creator in the northern tier,” said Rep. Major. “My legislation will help level the playing field when it comes to assessments doled out under the Clean and Green program and support future growth of the industry.”
“Currently, landowners who conduct small noncoal surface mining on their properties could face paying roll-back taxes on their entire tract of land,” rep. Major said. “My bill will make sure that these landowners are now only assessed roll-back taxes on the portion of the land being used, which is the same as other landowners whose land is used for similar purposes. In addition, only one small noncoal surface mining permit may be active at only one time per Clean and Green parcel of land.
Act 319 Exceptions: House Bill 144 (Pickett-R-Bradford) amending Act 319 to authorize taxation of oil and gas well production was signed into law by the Governor and is now Act 35.
“Currently, there is confusion on when roll-back taxes should be applied on lands that have been enrolled in Clean and Green and that are now sites for oil and gas wells,” Rep. Pickett said. “Many questions have arisen among local tax collectors, county assessment offices and landowners, and that’s why this legislation was necessary.”
Last year, Act 88 of 2010 was passed to provide guidance to county tax assessors on how to apply the roll-back tax penalty when oil and gas drilling is conducted on enrolled land. The roll-back tax penalty was to be applied when a well site restoration report was approved by the Department of Environmental Protection. However, these reports are not actually approved by DEP, but are merely submitted to the agency. Therefore, before Rep. Pickett’s legislation, there was no mechanism for the collection of roll-back taxes and application of fair market value assessment.
Rep. Pickett’s measure corrects this situation by changing the time when roll-back taxes and fair market value assessment can be applied from when a well site restoration report is approved by DEP to when a well production report is submitted to DEP. The roll-back taxes and fair market value assessment will continue to be limited to the area of land that does not comply with Clean and Green uses.
Rep. Pickett’s proposal states that roll-back taxes would be imposed on portions of land actually devoted to drilling activities, not for transmission or gathering lines. Whenever a portion of land contains an active gas or oil well, that segment cannot be used for agricultural purposes, and therefore, is subject to property tax.
Roll-back taxes and fair market value assessment will continue to be limited to the area of land that does not comply with Clean and Green uses.
Acceptable Data: Senate Bill 263 (Erickson-R-Delaware) requiring data to support rulemakings was signed into law by the Governor and is now Act 60.
“Regulations have a wide, lasting impact, and government agencies should be required to demonstrate that the regulation is based upon empirical, replicable and testable information,” Sen. Erickson said. “Reasonable regulations are a part of governing, but the data driving them needs to be clear and verifiable. That's the best way to prevent over regulation that stifles job growth and places an unnecessary burden on citizens.”
Recreation Liability: House Bill 870 (Everett-R-Lycoming) further providing for recreation liability for opening land to recreational noncommercial aircraft operations was signed into law by the Governor and is now Act 47.
Air Penalties: Senate Bill 151 (Pileggi-R-Delaware) sharing Air Pollution Control Act fines with municipalities was signed into law by the Governor and is now Act 57.
Keystone Fund Report: Senate Bill 302 (MJ White-R-Venango) further providing for annual reports from the Keystone Recreation, Park and Conservation Fund was signed into law by the Governor and is now Act 61.
Bluff Recession: Senate Bill 791 (Earll-R-Erie) further defining bluff under the Bluff Recession Setback Act was signed into law by the Governor and is now Act 72.
Ag Security Areas: House Bill 562 (Cillen-R-Berks) further providing for the purchase of conservation easements under the Agricultural Area Security Law was signed into law by the Governor and is now Act 44.
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7/11/2011 |
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