PRINTER'S NO. 3204
No. 2298 Session of 1984
INTRODUCED BY MANDERINO, RYAN, MAYERNIK, ROBBINS, DeLUCA, MERRY,
COWELL, BOYES, ITKIN, RUDY, HASAY, PIEVSKY, HERMAN, HOEFFEL,
LLOYD, FREIND, AFFLERBACH, D. W. SNYDER, FREEMAN, TELEK,
DOMBROWSKI, SWIFT, WASS, DURHAM, KASUNIC, DALEY,
E. Z. TAYLOR, SIRIANNI, PETRONE, JAROLIN, BLAUM, McHALE,
GEIST, FATTAH, CESSAR, HALUSKA, WAMBACH, GALLAGHER,
D. R. WRIGHT, PETERSON, STAIRS, SALOOM, COY, PETRARCA, HAYES,
WARGO, GRUPPO, BELFANTI, DAVIES, STUBAN, MICHLOVIC, GEORGE,
GANNON, WACHOB, FEE, RYBAK, MURPHY, KOSINSKI, DEAL, COLE,
SERAFINI, GREENWOOD, SHOWERS, BALDWIN, CORDISCO, CAPPABIANCA,
McCALL, PRESTON, GRUITZA, STEIGHNER, COHEN, BATTISTO,
R. C. WRIGHT, RAPPAPORT, OLIVER, SEVENTY, CLARK, DUFFY,
MRKONIC, SWEET, GAMBLE, RICHARDSON, STEWART, WOZNIAK, DeLUCA,
PRATT, LEHR, REINARD, CLYMER, COSLETT, STEVENS, MACKOWSKI,
HERSHEY, MILLER, VROON, PERZEL, CALTAGIRONE, IRVIS AND
SALVATORE, JUNE 13, 1984
REFERRED TO COMMITTEE ON APPROPRIATIONS, JUNE 13, 1984
AN ACT
1 Providing for the rehabilitation, development and acquisition of
2 land, water and structural resources; defining the powers and
3 duties of certain offices, agencies and municipalities;
4 providing for the allotment of proceeds hereunder including
5 Commonwealth grants; prescribing standards; and making
6 appropriations.
7 TABLE OF CONTENTS
8 Section 1. Short title.
9 Section 2. Declaration of policy.
10 Section 3. Purposes.
11 Section 4. Definitions.
12 Section 5. Allotment of moneys.
13 Section 6. Joint departmental projects.
1 Section 7. Federal programs.
2 Section 8. Effective date.
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 Recreational
7 Improvement and Rehabilitation Act.
8 Section 2. Declaration of policy.
9 It is hereby determined and declared as a matter of
10 legislative finding that:
11 (1) Fundamental to the health and welfare of people of
12 Pennsylvania are the land and water resources of this
13 Commonwealth.
14 (2) The continued need for recreation and community
15 services requires the development of new, and the
16 rehabilitation of existing, indoor and outdoor recreation,
17 park and community service facilities.
18 (3) The Commonwealth must act to develop and
19 rehabilitate, and to assist municipalities to develop and to
20 rehabilitate, newly and previously acquired lands and
21 facilities for recreation, community conservation and
22 historical uses so that the public may have access and
23 enjoyment of these areas and facilities.
24 (4) The Commonwealth must act to assist municipalities
25 to acquire lands for recreation, community conservation and
26 historical uses so that the public may have access and
27 enjoyment of these areas and facilities.
28 (5) The Commonwealth and municipalities may utilize
29 available Federal programs in order to augment the funds made
30 available under the provisions of this act.
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1 Section 3. Purposes.
2 In order to foster economic development, funds shall be used
3 only for the following purposes:
4 (1) Rehabilitation of existing parks, recreation
5 facilities and public zoos where these facilities have
6 deteriorated because they have met or exceeded their useful
7 life or other reasons, which are not attributable to neglect
8 by the responsible public agency, or where such
9 rehabilitation will significantly reduce the operation and
10 maintenance costs for these facilities.
11 (2) Acquisition of land for public recreation or park
12 areas, to obtain critical inholding or buffer areas adjacent
13 to existing park and recreation areas and to preserve
14 critical wildlife habitat areas, including wetlands, or for
15 other critical conservation or recreation purposes.
16 (3) Acquisition, development and rehabilitation of
17 historic or open space resources which are outstanding
18 examples of Pennsylvania's cultural heritage and which will
19 enhance community conservation and community economic
20 development.
21 (4) Acquisition and development of additional hunting,
22 fishing and boating areas and related support facilities.
23 (5) Rehabilitation and conversion of surplus schools or
24 other municipally owned or controlled buildings for use as
25 municipal multipurpose community centers to primarily house
26 indoor recreation programs and other related community
27 services.
28 (6) Renovation of existing park and recreation
29 facilities to improve accessibility to special populations.
30 (7) Completion of the development of public park and
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1 recreation facilities on lands which have previously been
2 acquired for these purposes or on lands acquired through this
3 act.
4 Section 4. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Community conservation." Any park or recreation project
9 which preserves or enhances the economic or cultural environment
10 in a community.
11 "Conservation purposes." Any use of land for reforestation,
12 wildlife reserves or any other uses that will maintain, improve
13 or develop the natural environment of soil, water, air, minerals
14 or wildlife of this Commonwealth so as to assure their optimum
15 use.
16 "Departments and commissions." The Department of Community
17 Affairs, the Department of Environmental Resources, the
18 Pennsylvania Fish Commission, the Pennsylvania Game Commission
19 and the Pennsylvania Historical and Museum Commission.
20 "Development." Any construction, improvement,
21 rehabilitation, utility and road relocation, alteration or
22 renovation required for and compatible with the physical
23 development or improvement of land, water or structural
24 resources.
25 "Land." Real property, including improvements thereof or
26 thereon, right-of-ways, water, riparian and other rights,
27 easements, privileges and any other physical property or rights
28 or interests of any kind or description relating to or connected
29 with real property.
30 "Municipality." Any county, city, borough, town, township,
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1 or home rule municipality, or any official agency created by the
2 foregoing units of government under the laws of the
3 Commonwealth; however, any of the actions of such official
4 agency taken under the authority of this act shall be first
5 approved by the participating local governing bodies in such
6 agency.
7 "Open space benefits." The benefits to the citizens of the
8 Commonwealth which result from the promotion or restriction of
9 the use of selected open space lands, including, but not limited
10 to, the protection and conservation of existing and planned
11 parks, recreation and conservation lands; the promotion of
12 sound, cohesive and efficient land development by providing open
13 spaces between communities; the protection and conservation of
14 natural or scenic resources, including, but not limited to,
15 streams, flood plains, steep slopes, marshes, soils and beaches;
16 and the protection and conservation of farmland, forests and
17 land, water resources and watersheds and historic, geologic and
18 botanic sites.
19 "Open space lands." Land used for purposes not inconsistent
20 with the achievement of open space benefits.
21 "Recreation purposes." Any use of land for public park, zoo,
22 fishing, hunting, boating, open space and interpretive
23 environmental education purposes or scenic sights or
24 preservation of historical significance, or for any related
25 public recreation purpose.
26 "Rehabilitation." The development of any park, recreation,
27 or structural resource where these facilities have deteriorated
28 because they have met or exceeded their useful life or other
29 reasons, which are not attributable to neglect by the
30 responsible public agency, or where such rehabilitation will
19840H2298B3204 - 5 -
1 significantly reduce the operation and maintenance costs for
2 these facilities.
3 "Studies." The collection, analysis and presentation of
4 information, alternatives and recommendations in order that the
5 Commonwealth may provide assistance to municipalities and in
6 order that the Commonwealth or municipalities may singly or
7 jointly determine a course of action to meet the purposes of
8 this act.
9 Section 5. Allotment of moneys.
10 (a) Allotment.--From the moneys received by the Commonwealth
11 from the issuance and sale of bonds and notes pursuant to the
12 act of February 24, 1984 (P.L.99, No.19), entitled "An act
13 authorizing the indebtedness, with the approval of the electors,
14 of $190,000,000 to promote economic redevelopment throughout
15 Pennsylvania through job producing programs; grants and loans
16 for industrial and small business development; acquisition of
17 equipment for vocational programs in secondary schools,
18 community colleges and engineering degree-granting schools;
19 agricultural development; and the acquisition, rehabilitation or
20 development of facilities for community services and public
21 recreation purposes," there are hereby appropriated as follows:
22 (1) The sum of $12,000,000, or as much thereof as may be
23 necessary, is appropriated from the Pennsylvania Economic
24 Revitalization Fund to the Department of Environmental
25 Resources for the period beginning July 1, 1984, and ending
26 June 30, 1986, for site development and material costs for
27 projects authorized and funded under the act of (P.L. ,
28 No. ), known as the Pennsylvania Conservation Corps Act. The
29 Department of Environmental Resources shall have the power to
30 promulgate such rules and regulations that are necessary to
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1 effectuate the programs undertaken, including contracting
2 with persons, firms, partnerships, associations or
3 corporations as may be necessary. Municipalities sponsoring
4 projects authorized and funded under the Pennsylvania
5 Conservation Corps Act shall be eligible to receive funding
6 under this paragraph only for those projects having
7 recreation purposes and then no more than 75% of the cost of
8 development and materials for those projects. All other
9 projects sponsored by municipalities shall be ineligible for
10 funding under this paragraph.
11 (2) The sum of $18,000,000, or as much thereof as may be
12 necessary, is appropriated from the Pennsylvania Economic
13 Revitalization Fund to the Department of Community Affairs
14 for the period beginning July 1, 1984, and ending June 30,
15 1987, for State grants-in-aid to municipalities for land
16 acquisition, rehabilitation, studies and development projects
17 for recreation and conservation purposes, community centers
18 and open space benefits. Funding shall be allocated to
19 projects in accordance with the following:
20 (i) Not less than 50% of the total allocation shall
21 be used to pay up to 50% for rehabilitation, studies and
22 development projects.
23 (ii) Not more than 25% of the total allocation shall
24 be used to pay up to 50% of the project costs for
25 acquisition of recreation, park and open space benefit
26 lands.
27 (iii) Not more than 25% of the total allocation
28 shall be used to pay up to 50% for community center
29 projects.
30 (iv) The department shall develop a small community
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1 or small projects component. This program shall be for
2 the above purposes and those under section 3. This
3 component shall be for grants-in-aid for projects of up
4 to $10,000 in amount, shall be up to 100% grants-in-aid
5 and will cover only material costs, to assist those
6 communities economically unable to participate in the
7 balance of the program as determined by the department.
8 (b) State grants-in-aid.--The manner of grants-in-aid for
9 development, rehabilitation, acquisition, community centers and
10 studies by municipalities shall be as follows:
11 (1) A request for State grants-in-aid shall be made by
12 the governing body of a municipality to the Department of
13 Community Affairs.
14 (2) The development and community center projects shall
15 be submitted to the Department of Community Affairs by the
16 municipalities in an application which contains information
17 as may be required by the Department of Community Affairs.
18 Upon approval of the project application, the municipality
19 shall execute the project according to standards and
20 provisions required or set by State laws and in accordance
21 with the contracts, bidding procedures and manner
22 established, approved or accepted by the Department of
23 Community Affairs or other designated agencies of the
24 Commonwealth and in accordance with the construction, site
25 and financial plans and specifications required, reviewed and
26 approved by the Department of Community Affairs or other
27 agencies of the Commonwealth or private consulting firm
28 retained for the purpose of project review.
29 (3) The land acquisition projects shall be submitted to
30 the Department of Community Affairs by the municipality in an
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1 application which contains maps, appraisals and other
2 information as may be required by the Department of Community
3 Affairs. The lands shall be acquired by purchase agreement or
4 by eminent domain. The municipality shall have the power to
5 acquire rights in real property, which include, but are not
6 limited to, fee simple, easements, remainder, future
7 interest, lease, license, restriction or covenant of any
8 sort, contractual interest or rights concerning the use of or
9 power to transfer property, in order to protect and preserve
10 open space benefits. The Commonwealth's share of the cost of
11 the development, land acquisition, community center and study
12 projects shall be paid by the State Treasurer on audit and
13 warrant of the Auditor General on the requisition of the
14 Secretary of the Department of Community Affairs. The
15 Department of Community Affairs shall be empowered to
16 promulgate rules and regulations, undertake studies and
17 employ personnel and consultants and provide grants to
18 political subdivisions to undertake studies as necessary in
19 order to properly administer this act and to determine the
20 recreation and park needs of municipalities and the
21 advisability of granting State aid.
22 (c) Encumbrance limitation.--The encumbrance of moneys
23 appropriated pursuant to the provision of subsection (a)(2)
24 shall not exceed 35% per annum of the total appropriation to the
25 Department of Community Affairs.
26 (d) Use of property.--Municipalities shall not dispose of
27 nor at any time convert property acquired pursuant to this act
28 to other than the purposes approved in the project applications
29 without the prior written approval of the program administrator
30 within the Department of Community Affairs. Should disposition
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1 or conversion occur, the Department of Community Affairs may:
2 (1) Require the municipality to refund all grant-in-aid
3 funds for that particular project including 10% annual
4 interest compounded four times annually from the date of the
5 original grant-in-aid was received until it is repaid.
6 (2) Acquisition of equivalent replacement land, as
7 determined by the department.
8 (e) Project funding.--For a project that conforms to the
9 Pennsylvania Conservation Corps Act, a municipality may be
10 eligible to receive funds from either the Department of
11 Environmental Resources or the Department of Community Affairs,
12 but not from both sources.
13 Section 6. Joint departmental projects.
14 The respective departments and commissions may cooperate and
15 expend funds jointly on projects where the objectives of the
16 projects can be better achieved, where economies may be obtained
17 by the cooperation and joint action or in other instances where
18 joint action is determined to be in the public interest.
19 Section 7. Federal programs.
20 The department and commissions set forth in this act may
21 utilize any available Federal programs to augment the funds made
22 available to the department or commission under the provisions
23 of this act.
24 Section 8. Effective date.
25 This act shall take effect July 1, 1984, or immediately,
26 whichever is later.
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