Pennsylvania Administrative Code

§ 137b.84. Split-off that does not comply with section 6(a.1)(1)(i) of the act. If enrolled land undergoes split off and the tract that is split-off does not meet the size, use and aggregate acreage requirements in section 6(a.1)(1)(i) of the act (72 P. S. § 5490.6(a.1)(1)(i)), t…

§ 137b.85. Split-off occurring through condemnation. 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 rem…

§ 137b.86. Split-off occurring through voluntary sale in lieu of condemnation. 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 th…

§ 137b.87. Change in use of separated land occurring within 7 years of separation. 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 t…

§ 137b.88. Change in use of separated land occurring 7 years or more after separation. 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…

§ 137b.89. Calculation of roll-back taxes. A county assessor shall calculate roll-back taxes using the following formula: (1) If preferential assessment has been in effect for 7 tax years or more, calculate the difference between preferential assessment and normal assessment in t…

§ 137b.90. Due date for roll-back taxes. 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.

§ 137b.91. Liens for nonpayment of roll-back taxes. 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 a…

§ 137b.92. Time period within which roll-back taxes are to be calculated and notice mailed. (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 i…

§ 137b.93. Disposition of interest on roll-back taxes. (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 …

§ 138a.1. Program objectives. 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.

§ 138a.10. Administration. (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 …

§ 138a.11. Expiration. No loan guarantees or interest deferrals will be approved after June 30, 1987.

§ 138a.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Applicant—A family farm enterprise applying for a family farm loan guarantee or an interest deferral. Area loan organizati…

§ 138a.3. Eligibility. 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.

§ 138a.4. Permissible uses of loan proceeds and maximum terms of loans. 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 fa…

§ 138a.5. Limitation. 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 a…

§ 138a.6. Condition of loan guarantees. (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 outstand…

§ 138a.7. Conditions on interest deferrals. (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 rei…

§ 138a.8. General conditions. (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. …

§ 138a.9. Review of application. 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 r…

§ 138b.1. Program objectives. 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…

§ 138b.10. Inspection and payment. 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 ag…

§ 138b.11. Right of recovery. 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.

§ 138b.12. Deficits. 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.

§ 138b.13. Records. (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 do…

§ 138b.14. Conflict of interest prohibited. 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 …

§ 138b.15. Termination clause. The Department will not accept an application received after March 1, 1988.

§ 138b.2. Definitions. 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, devel…

§ 138b.3. Grant Committee. (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.…

§ 138b.4. Eligibility. (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 applica…

§ 138b.5. Submission of proposal. 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 …

§ 138b.6. Processing proposals. 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 fin…

§ 138b.7. Criteria for awarding grants. 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 …

§ 138b.8. Award of grant. (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 f…

§ 138b.9. Certification of completion. 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 presiden…

§ 138d.1. Program objectives. 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 …

§ 138d.10. Review of application. (a) The evaluation of the application by the Loan Committee will be based on the following criteria: (1) Credit factors. (i) The applicant. Character, experience, education, training, management of finance and farm operation, absence of prior cri…

§ 138d.11. Loan Committee. (a) Function. The Loan Committee shall review the application and supporting documents in accordance with this chapter and forward its recommendation of approval or rejection of the application to the Secretary. The Loan Committee shall also provide the…

§ 138d.12. Action by Secretary. (a) Prompt action. The Secretary will have final authority regarding loan approval. An applicant is entitled to prompt notice of action on his application after it has been forwarded to the Secretary from the Loan Committee with a recommendation of…

§ 138d.13. Conflict of interest prohibited. A member of the Loan Committee, employe of the Department, person in the immediate family or household of a member of the Loan Committee or employe of the Department may not be a party to or be in any manner interested in a contract, ag…

§ 138d.14. Loan cancellation. A loan may be cancelled by the Secretary upon a determination that the funds are not being properly used.

§ 138d.15. Right of recovery. The Department has the right to make a claim for and receive from the loan recipient monies not expended in accordance with this chapter.

§ 138d.16. Deficits. The Department’s financial obligation is limited to the amount of the loan. The Department is not responsible for funding cost overruns incurred by loan recipients.

§ 138d.17. Default. A loan shall be declared in default if the loan recipient fails to make a monthly, quarterly or semi-annual payment within 30 days of its due date.

§ 138d.2. Definitions. 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 De…

§ 138d.3. Amount of loan. 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). Cross References This section cited in 7 Pa. Code § 138d.12 (relat…