PRINTER'S NO. 1790
No. 1491 Session of 1999
INTRODUCED BY McILHINNEY, ARGALL, BAKER, BARRAR, BASTIAN, BATTISTO, CAPPABIANCA, CAWLEY, CLARK, CLYMER, M. COHEN, DRUCE, FLICK, FREEMAN, GEORGE, GORDNER, HARHAI, HENNESSEY, HERMAN, HERSHEY, HESS, JAMES, LAUGHLIN, MANDERINO, MARKOSEK, MARSICO, MASLAND, McILHATTAN, PHILLIPS, PIPPY, SAYLOR, SEMMEL, SEYFERT, STABACK, STERN, TANGRETTI, E. Z. TAYLOR, TIGUE, TRAVAGLIO, TRELLO, WILT, YOUNGBLOOD, SCHRODER AND VAN HORNE, MAY 11, 1999
REFERRED TO COMMITTEE ON APPROPRIATIONS, MAY 11, 1999
AN ACT 1 Amending the act of July 2, 1993 (P.L.359, No.50), entitled "An 2 act providing for the establishment, operation and 3 administration of the Keystone Recreation, Park and 4 Conservation Fund; designating a portion of the State Realty 5 transfer tax revenues as a funding source for the fund; 6 authorizing the incurring of indebtedness, with the approval 7 of the electorate, to provide funding for the acquisition of, 8 improvements to and the rehabilitation of parks, recreational 9 facilities, educational facilities, historic sites, zoos and 10 public libraries; imposing additional powers and duties on 11 the Department of Environmental Resources, the Department of 12 Community Affairs, the Department of Education, the 13 Pennsylvania Historical and Museum Commission, the State 14 System of Higher Education, the Pennsylvania Game Commission 15 and the Pennsylvania Fish and Boat Commission; requiring a 16 transfer from the Realty Transfer Tax Account in the General 17 Fund; and making an appropriation," providing for an 18 additional referendum to provide further bonds funds; 19 deleting the expiration of certain restrictions on issuing 20 bonds; providing for the allocation of additional bond 21 proceeds; and making editorial changes. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 Section 1. The title of the act of July 2, 1993 (P.L.359,
1 No.50), known as the Keystone Recreation, Park and Conservation 2 Fund Act, is amended to read: 3 AN ACT 4 Providing for the establishment, operation and administration of 5 the Keystone Recreation, Park and Conservation Fund; 6 designating a portion of the State Realty transfer tax 7 revenues as a funding source for the fund; authorizing the 8 incurring of indebtedness, with the approval of the 9 electorate, to provide funding for the acquisition of, 10 improvements to and the rehabilitation of parks, recreational 11 facilities, educational facilities, historic sites, zoos and 12 public libraries; imposing additional powers and duties on 13 the Department of [Environmental Resources] Conservation and 14 Natural Resources, the Department of [Community Affairs] 15 Community and Economic Development, the Department of 16 Education, the Pennsylvania Historical and Museum Commission, 17 the State System of Higher Education, the Pennsylvania Game 18 Commission and the Pennsylvania Fish and Boat Commission; 19 requiring a transfer from the Realty Transfer Tax Account in 20 the General Fund; and making an appropriation. 21 Section 2. The definition of "agency" in section 3 of the 22 act is amended to read: 23 Section 3. Definitions. 24 The following words and phrases when used in this act shall 25 have the meanings given to them in this section unless the 26 context clearly indicates otherwise: 27 * * * 28 "Agency." The Department of [Environmental Resources] 29 Conservation and Natural Resources, the Department of [Community 30 Affairs] Community and Economic Development, the Department of 19990H1491B1790 - 2 -
1 Education, the Pennsylvania Historical and Museum Commission, 2 the State System of Higher Education, the Pennsylvania Fish and 3 Boat Commission and the Pennsylvania Game Commission of the 4 Commonwealth. 5 * * * 6 Section 3. Section 4(b) of the act is amended to read: 7 Section 4. Keystone Recreation, Park and Conservation Fund. 8 * * * 9 (b) Source of funds.--All proceeds from the sale of bonds or 10 notes as approved under section 5, section 5.1 and the monthly 11 transfer of a portion of the State Realty Transfer Tax shall 12 provide the necessary moneys for the fund. 13 * * * 14 Section 4. The act is amended by adding a section to read: 15 Section 5.1. Additional referendum. 16 (a) Question.--The question of incurring additional 17 indebtedness of $50,000,000 for the purposes of planning, 18 acquisition, development, rehabilitation and improvement of 19 parks and recreational facilities, natural areas, historic 20 sites, zoos and libraries shall be submitted to the electors at 21 the next primary, municipal or general election following 22 enactment of this section. 23 (b) Certification.--The Secretary of the Commonwealth shall 24 certify the form of the question under subsection (c) to the 25 county boards of elections. 26 (c) Form of question.--The question shall be in 27 substantially the following form: 28 Do you favor the incurring of additional indebtedness by 29 the Commonwealth of $50,000,000 to provide for the 30 funding of nature preserves and wildlife habitats and for 19990H1491B1790 - 3 -
1 improvements to and expansion of State parks, community 2 parks and recreation facilities, historic sites, zoos and 3 public libraries? 4 (d) Election.--The election shall be conducted at the next 5 occurring general or municipal election following the effective 6 date of this section, in accordance with the act of June 3, 1937 7 (P.L.1333, No.320), known as the Pennsylvania Election Code, 8 except that the time limits for advertisement of notice of the 9 election may be waived as to the question. 10 (e) Proceeds.--Proceeds of borrowing shall be deposited in 11 the Keystone Recreation, Park and Conservation Fund and shall be 12 used to implement the provisions of this act. 13 Section 5. Section 6(a)(1) and (f) of the act are amended to 14 read: 15 Section 6. Commonwealth indebtedness. 16 (a) Borrowing authorized.-- 17 (1) Subject to the approval of the electorate of the 18 referendum set forth in section 5 and section 5.1 and under 19 the provisions of section 7(a)(3) of Article VIII of the 20 Constitution of Pennsylvania, the issuing officials are 21 authorized and directed to borrow over a three-year period, 22 on the credit of the Commonwealth, money not exceeding in the 23 aggregate the sum of [$50,000,000] $100,000,000, not 24 including money borrowed to refund outstanding bonds, notes 25 or replacement notes, as may be found necessary to carry out 26 the purposes of this act. 27 * * * 28 (f) Expiration.--Authorization to issue bonds and notes, not 29 including refunding bonds and replacement notes, for the 30 purposes of this act shall [expire five years from the effective 19990H1491B1790 - 4 -
1 date of this section] not expire. 2 Section 6. Section 8(b) and (c) of the act are amended and 3 the section is amended by adding a subsection to read: 4 Section 8. Duties, responsibilities and limitations on 5 agencies. 6 * * * 7 (b) Department of [Environmental Resources] Conservation and 8 Natural Resources.-- 9 (1) The Department of [Environmental Resources] 10 Conservation and Natural Resources shall utilize bond 11 revenues for the following purposes: 12 (i) Rehabilitating, repairing and developing State 13 park and forest facilities deemed by the department to be 14 critical for visitor safety, environmental protection or 15 essential for facility operation. Not less than 70% of 16 the bond revenues will be used for these purposes. 17 (ii) Acquiring recreation areas and natural areas 18 which in the opinion of the department face imminent loss 19 or damage. Up to 30% of the bond revenues may be used for 20 this purpose. 21 (2) The department shall expend Realty Transfer Tax 22 revenues appropriated from the Keystone Fund for the 23 following purposes: 24 (i) Rehabilitating and upgrading State park and 25 forest facilities. 26 (ii) Implementing the act of December 18, 1990 27 (P.L.748, No.188), known as the Rails to Trails Act. Up 28 to 10% of the moneys can be provided as 50/50 matching 29 grants to municipalities and appropriate organizations 30 for planning, acquisition and development of rails to 19990H1491B1790 - 5 -
1 trails. 2 (iii) Making 50/50 matching grants to municipalities 3 and appropriate organizations for the purpose of rivers 4 protection and conservation. Up to 10% of the moneys can 5 be used for this purpose. 6 (iv) Acquiring lands important to maintaining the 7 integrity of existing State parks and forests. 8 (c) Department of Community [Affairs] and Economic 9 Development.-- 10 (1) The Department of Community [Affairs] and Economic 11 Development shall provide grants of bond revenues and realty 12 transfer tax revenues to municipalities for the following 13 purposes: 14 (i) To fund up to 50% of the eligible project costs 15 for rehabilitation and development of outdoor and indoor 16 recreation and park facilities and areas. 17 (ii) To pay up to 50% of the eligible project costs 18 for acquisition of recreation and park lands, greenways 19 and natural areas. 20 (iii) To pay up to 100% of the eligible project 21 costs for planning projects and special technical 22 assistance initiatives deemed appropriate by the 23 department. 24 (iv) To provide municipalities with a population of 25 5,000 or less with up to 100% funding for eligible 26 material costs and professional fees. Grants are limited 27 to a maximum of $20,000 for rehabilitation and 28 development of basic outdoor recreation and park 29 facilities and renovation of minor indoor recreation 30 facilities. 19990H1491B1790 - 6 -
1 (2) The Department of Community [Affairs] and Economic 2 Development shall provide grants of bond revenues and realty 3 transfer tax revenues to land trusts to pay up to 50% of 4 eligible project costs for natural areas and open space 5 planning and acquisition. Any land acquired under this 6 paragraph shall be open to those public uses that are 7 consistent with the purposes for which the land was acquired. 8 Temporary limitation of public access for the purpose of 9 protecting or restoring the natural resources of an area 10 shall not be considered a violation of this paragraph. The 11 Department of Community [Affairs] and Economic Development, 12 in consultation with the Department of [Environmental 13 Resources] Conservation and Natural Resources, shall adopt 14 project selection criteria that give priority to acquisitions 15 of critical habitat for rare, threatened or endangered plant 16 or animal species or communities which are at risk of 17 destruction or substantial degradation. 18 (3) The Department of Community [Affairs] and Economic 19 Development shall provide grants of bond revenues and realty 20 transfer tax revenues to municipalities and appropriate 21 organizations to pay up to 50% of the eligible project costs 22 for rehabilitation and development of zoos. 23 * * * 24 (k) Additional bond funds.--The proceeds of any bonds issued 25 under section 5.1 shall be utilized in the manner provided in 26 this section. 27 Section 7. Sections 9 and 12 of the act are amended to read: 28 Section 9. Annual reports. 29 Beginning on January 31, 1995, and annually thereafter, the 30 Department of [Environmental Resources] Conservation and Natural 19990H1491B1790 - 7 -
1 Resources, the Department of Community [Affairs] and Economic 2 Development, the Department of Education, the Pennsylvania 3 Historical and Museum Commission, the State System of Higher 4 Education, the Pennsylvania Fish and Boat Commission and the 5 Pennsylvania Game Commission shall submit to the Governor and 6 the General Assembly an annual report of projects and services 7 provided by funding from this act. 8 Section 12. Allocation from fund. 9 (a) Allocation of bond revenues.--In the event that bonds 10 are sold under the provisions of this act, the bond proceeds are 11 to be allocated as follows: 12 [(1) Department of Environmental 13 Resources...................................... $17,000,000 14 (2) Department of Community Affairs:] 15 (1) Department of Conservation and Natural 16 Resources...................................... $17,000,000 17 (2) Department of Community and Economic 18 Development: 19 (i) For grant programs................ 13,000,000 20 (ii) For land trusts.................. 3,000,000 21 (iii) For zoos........................ 3,500,000 22 (3) Department of Education............... 2,500,000 23 (4) Pennsylvania Historical and Museum 24 Commission..................................... 8,000,000 25 (5) Pennsylvania Fish and Boat Commission. 1,500,000 26 (6) Pennsylvania Game Commission.......... 1,500,000 27 (a.1) Allocation of additional bond revenues.--In the event 28 that bonds are authorized under section 5.1 and sold under the 29 provisions of this act, the additional bond proceeds are to be 30 allocated as provided in subsection (a). 19990H1491B1790 - 8 -
1 (b) Allocation of realty transfer tax revenues.--Realty 2 transfer tax revenues transferred to the fund shall be allocated 3 as follows: 4 [(1) Department of Environmental 5 Resources...................................... 30% 6 (2) Department of Community Affairs:] 7 (1) Department of Conservation and Natural 8 Resources...................................... 30% 9 (2) Department of Community and Economic 10 Development: 11 (i) For general purposes.............. 25% 12 (ii) For land trusts.................. 10% 13 (3) Department of Education............... 4% 14 (4) Pennsylvania Historical and Museum 15 Commission..................................... 13% 16 (5) State System of Higher Education...... 18% 17 Section 8. This act shall take effect immediately. C29L32RZ/19990H1491B1790 - 9 -