PRIOR PRINTER'S NOS. 1151, 3015 PRINTER'S NO. 3743
No. 969 Session of 1997
INTRODUCED BY ARGALL, HERMAN, SATHER, LEH, ITKIN, SCHRODER,
STABACK, BELARDI, BATTISTO, CAWLEY, C. WILLIAMS, REBER,
STERN, ROONEY, STURLA, TRAVAGLIO, CARONE, MASLAND, RAYMOND,
GEIST, VAN HORNE, CURRY, E. Z. TAYLOR, L. I. COHEN,
HENNESSEY, YOUNGBLOOD, FARGO, BENNINGHOFF, RAMOS, BOSCOLA,
STETLER, McGEEHAN, STEELMAN, MANDERINO, McNAUGHTON, PETRONE,
ROSS, FICHTER, WALKO, BROWNE, HUTCHINSON, BELFANTI,
CALTAGIRONE AND JOSEPHS, MARCH 25, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 9, 1998
AN ACT
1 Encouraging State agencies to locate facilities in a downtown
2 area.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Downtown
7 Location Law.
8 Section 2. Legislative findings and declaration of purpose.
9 (a) Findings.--The General Assembly finds that:
10 (1) This Commonwealth has lost over 4,000,000 acres of
11 farmland to development in the last 40 years.
12 (2) The phenomenon of urban flight AND SPRAWL has led to <--
13 a decline of central TRADITIONAL CENTRAL AND NEIGHBORHOOD <--
14 business districts throughout this Commonwealth.
1 (3) The decline of the central business district THESE <--
2 DISTRICTS has a clear linkage to many problems facing our
3 communities: crime, unemployment, shrinking tax bases and
4 decaying infrastructure.
5 (4) It is in the best interest of this Commonwealth to
6 facilitate the revitalization of central TRADITIONAL CENTRAL <--
7 AND NEIGHBORHOOD business districts within our communities.
8 (5) Federal agencies already have established a policy
9 to use downtown locations.
10 (b) Purpose.--The purpose of this act is to encourage
11 agencies of the Commonwealth to be leaders in the movement to
12 end urban flight and sprawl and serve as examples of the
13 feasibility of returning to downtown areas DOWNTOWNS. <--
14 Section 3. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Department." The Department of General Services of the
19 Commonwealth.
20 "Downtown." The central business district of a city,
21 borough, incorporated town or township, or any commercial or
22 mixed use area which has traditionally served as the retail, <--
23 service and communal focal point within any neighborhood of any
24 city, borough, incorporated town or township of this
25 Commonwealth. WITHIN A NEIGHBORHOOD OF A CITY, BOROUGH, <--
26 INCORPORATED TOWN OR TOWNSHIP, IN EVERY CASE THAT HAS
27 TRADITIONALLY SERVED, SINCE THE FOUNDING OF THE COMMUNITY, AS
28 THE RETAIL SERVICE AND COMMUNAL FOCAL POINT WITHIN THAT
29 COMMUNITY OF THIS COMMONWEALTH.
30 "Secretary." The Secretary of General Services of the
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1 Commonwealth.
2 "State agencies." Includes all departments, agencies and <--
3 "STATE AGENCY." INCLUDES ANY OF THE DEPARTMENTS, AGENCIES, <--
4 BOARDS, COMMISSIONS AND offices under the administrative control
5 of the executive branch of government of the Commonwealth.
6 Section 4. Powers and duties.
7 The department shall devise and promulgate guidelines to <--
8 encourage State agencies to locate all new facilities in a
9 downtown area. In addition, each year 10% of all existing
10 renewal leases shall be selected at random and reviewed by the
11 department to determine if the facility for which the lease is
12 being renewed can be located in a downtown area. The department
13 shall:
14 (1) Give primary consideration to the restoration and/or
15 reuse of existing structures within the downtown area. When
16 using existing structures reasonable efforts shall be made
17 to:
18 (i) Restore or rebuild the structure's facade which
19 maintains the architectural integrity of the building and
20 streetscape according to the U.S. Secretary of the
21 Interior's Standards for Rehabilitation (36 CFR 68).
22 (ii) Ensure that the structure meets the Americans
23 With Disabilities Act of 1990 (Public Law 101-336, 104
24 Stat. 327) requirements in an aesthetically pleasing
25 manner.
26 (2) Deny requests from State agencies to locate outside
27 a downtown area unless it is documented that no reasonable
28 alternative exists.
29 (3) Coordinate the location of State facilities with
30 existing public/private sector organizations committed to
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1 community development, downtown revitalization and historic
2 preservation.
3 THE DEPARTMENT SHALL ESTABLISH AND PROMULGATE REGULATIONS TO <--
4 ENCOURAGE STATE AGENCIES TO LOCATE LEASED AND STATE-CONSTRUCTED
5 FACILITIES IN A DOWNTOWN AREA. THE REGULATIONS SHALL:
6 (1) FOCUS ON:
7 (I) LOCAL ECONOMIC CONSIDERATIONS.
8 (II) THE REQUIREMENTS OF THE AGENCY.
9 (III) SERVICING CLIENTELE NEEDS.
10 (IV) THE AVAILABILITY OF SUITABLE SPACE.
11 (V) COMPETITIVENESS IN THE MARKET PLACE.
12 (2) GIVE PRIMARY CONSIDERATION TO THE RESTORATION,
13 REUSE, OR BOTH, OF EXISTING STRUCTURES WITHIN THE DOWNTOWN.
14 WHEN USING EXISTING STRUCTURES REASONABLE EFFORTS SHALL BE
15 MADE TO:
16 (I) RESTORE OR REBUILD THE STRUCTURE'S FACADE WHICH
17 MAINTAINS THE ARCHITECTURAL INTEGRITY OF THE BUILDING AND
18 STREETSCAPE ACCORDING TO THE UNITED STATES SECRETARY OF
19 THE INTERIOR'S STANDARDS FOR REHABILITATION (36 CFR 68).
20 (II) ENSURE THAT THE STRUCTURE MEETS THE AMERICANS
21 WITH DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 104
22 STAT. 327) REQUIREMENTS IN AN AESTHETICALLY PLEASING
23 MANNER.
24 (3) GIVE SECONDARY CONSIDERATION TO THE USE OF IN-FILL
25 CONSTRUCTION WITHIN THE DOWNTOWN IF THE RESTORATION OR REUSE
26 OF EXISTING STRUCTURES WITHIN THE DOWNTOWN IS NOT DETERMINED
27 TO BE A REASONABLE ALTERNATIVE BY THE DEPARTMENT. WHEN USING
28 IN-FILL STRUCTURES REASONABLE EFFORTS SHALL BE MADE TO:
29 (I) HAVE THE SCALE AND FACADE OF THE IN-FILL
30 STRUCTURE MAINTAIN THE ARCHITECTURAL INTEGRITY OF THE
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1 EXISTING STREETSCAPE.
2 (II) ENSURE THAT THE STRUCTURE MEETS THE AMERICANS
3 WITH DISABILITIES ACT OF 1990 REQUIREMENTS IN AN
4 AESTHETICALLY PLEASING MANNER.
5 (4) INCLUDE PROVISIONS TO DENY REQUESTS FROM STATE
6 AGENCIES TO LOCATE OR TO RELOCATE OUTSIDE OF A DOWNTOWN AREA
7 UNLESS IT IS DOCUMENTED THAT NO REASONABLE ALTERNATIVE
8 EXISTS. LACK OF ONSITE PARKING SHALL NOT ALONE BE SUFFICIENT
9 DOCUMENTATION WHEN ALTERNATIVE PARKING IS AVAILABLE WITHIN
10 THE DOWNTOWN.
11 (5) COORDINATE THE LOCATION OF STATE-CONSTRUCTED
12 FACILITIES WITH EXISTING PUBLIC AND PRIVATE SECTOR
13 ORGANIZATIONS COMMITTED TO COMMUNITY DEVELOPMENT, DOWNTOWN
14 REVITALIZATION AND HISTORIC PRESERVATION.
15 SECTION 5. REPORT TO THE GENERAL ASSEMBLY.
16 (A) REPORT.--WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF
17 THIS ACT, AND EVERY YEAR THEREAFTER, THE DEPARTMENT SHALL SUBMIT
18 A REPORT TO THE URBAN AFFAIRS AND HOUSING COMMITTEE AND THE
19 COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE OF THE SENATE AND
20 THE URBAN AFFAIRS COMMITTEE AND THE COMMERCE AND ECONOMIC
21 DEVELOPMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES CONCERNING
22 THE IMPLEMENTATION OF THIS ACT.
23 (B) CONTENTS.--THIS REPORT SHALL INCLUDE, BUT NOT BE LIMITED
24 TO, THE FOLLOWING:
25 (1) THE TOTAL NUMBER OF LEASED AND STATE-CONSTRUCTED
26 FACILITIES REVIEWED BY THE DEPARTMENT DURING THE PRIOR YEAR.
27 (2) THE NUMBER OF LEASED AND STATE-CONSTRUCTED
28 FACILITIES THAT WERE LOCATED IN DOWNTOWN AREAS AS DEFINED BY
29 THIS ACT.
30 (3) IN CASES WHERE A LEASED OR STATE-CONSTRUCTED
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1 FACILITY WAS NOT IN A DOWNTOWN AREA, THE REASONS FOR THE
2 LEASE OR FACILITY BEING LOCATED OUTSIDE OF THE DOWNTOWN AREA.
3 (4) THE NUMBER OF LEASES AND STATE-CONSTRUCTED
4 FACILITIES THAT INCLUDED THE RESTORATION AND REUSE OF AN
5 EXISTING STRUCTURE.
6 (5) MEASURES TAKEN BY THE DEPARTMENT TO ENCOURAGE STATE
7 AGENCIES TO LOCATED IN DOWNTOWN AREAS.
8 Section 5 6. Effective date. <--
9 This act shall take effect in 60 days.
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