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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2524, 2557, 2779,        PRINTER'S NO. 3725
        2790, 3703

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1935 Session of 2001


        INTRODUCED BY LEWIS, FREEMAN, ARGALL, KENNEY, PETRONE, M. BAKER,
           CAPPELLI, GEIST, HERMAN, HENNESSEY, PIPPY, SAYLOR, SCHRODER,
           STEELMAN, McILHATTAN, ZUG, HUTCHINSON, HARPER, M. WRIGHT,
           SATHER, MICHLOVIC, CALTAGIRONE AND SAMUELSON,
           SEPTEMBER 26, 2001

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, APRIL 17, 2002

                                     AN ACT

     1  Providing for a commercial downtown enhancement program to be
     2     administered by the Department of Community and Economic
     3     Development.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Main Street
     8  Act.
     9  Section 2.  Legislative findings and purpose.                     <--
    10     (a)  Findings.--The General Assembly finds as follows:
    11         (1)  The viability and desirability of established
    12     commercial downtowns in this Commonwealth's urban areas have
    13     been in a state of decline for more than 50 years.
    14         (2)  Suburban sprawl has lured businesses away from
    15     established commercial downtowns.
    16         (3)  Suburban sprawl has led to great losses of valuable

     1     farmland and open space throughout this Commonwealth.
     2         (4)  Many established commercial downtowns suffer from
     3     deteriorating infrastructures and structural decline.
     4         (5)  Many established commercial downtowns suffer from
     5     the adverse effects of criminal activity.
     6     (b)  Purpose.--The purpose of this act is to establish the
     7  program to enhance the desirability and viability of established
     8  commercial downtowns through a comprehensive plan to do all of
     9  the following:
    10         (1)  Address the issues of infrastructure and structural
    11     decline in established commercial downtowns.
    12         (2)  Address the adverse effects of criminal activity in
    13     established commercial downtowns.
    14         (3)  Improve the public image of established commercial
    15     downtowns.
    16         (4)  Enhance the economic and social aspects of operating
    17     a business in an established commercial downtown.
    18         (5)  Complement adjacent residential corridors.
    19  Section 3 2.  Definitions.                                        <--
    20     The following words and phrases when used in this act shall
    21  have the meanings given to them in this section unless the
    22  context clearly indicates otherwise:
    23     "Department."  The Department of Community and Economic
    24  Development of the Commonwealth.
    25     "Established commercial downtown."  A defined geographic area
    26  which has:
    27         (1)  historically consisted of buildings and structures
    28     constituting the community core; and
    29         (2)  existed as a commercial downtown for at least 40
    30     years.
    20010H1935B3725                  - 2 -

     1     "Main Street area."  The established commercial downtown of a
     2  municipality.
     3     "Manager."  A full-time, professional downtown coordinator.
     4     "Municipality."  A city, borough, township, county or home
     5  rule municipality.
     6     "Program."  The Main Street Program established in section 4   <--
     7  3.
     8  Section 4 3.  Program.                                            <--
     9     (a)  Establishment.--There is established a Main Street
    10  Program IN THE DEPARTMENT. The department shall administer the    <--
    11  program to help a community's downtown economic development
    12  effort through the establishment of a local organization
    13  dedicated to downtown revitalization and management of downtown
    14  revitalization.
    15     (b)  Guidelines REQUIREMENTS.--The program shall, at a         <--
    16  minimum, include the following components:
    17         (1)  Five-year maximum Commonwealth financial assistance.  <--
    18         (2) (1)  Basic grants, FOR UP TO FIVE YEARS, for           <--
    19     administrative costs associated with the hiring of a manager.
    20         (3)  Basic grants (2)  COMMERCIAL DOWNTOWN REINVESTMENT    <--
    21     GRANTS for infrastructure and structural improvements,
    22     including streets, street lights, trees, housing, COMMERCIAL   <--
    23     facades and sidewalks or other pedestrian-oriented features.
    24         (4) (3)  Plans for marketing and promoting the             <--
    25     established commercial downtown within the Main Street area.
    26         (5) (4)  Plans to leverage additional private and public   <--
    27     investment in the Main Street area.
    28         (6) (5)  Plans to address social or economic concerns      <--
    29     within the Main Street area.
    30         (7) (6)  Plans, to the greatest extent possible, to        <--
    20010H1935B3725                  - 3 -

     1     achieve consistency with existing revitalization efforts.
     2         (8) (7)  An assessment of the potential need for the       <--
     3     following components:
     4             (i)  The establishment of a downtown NEIGHBORHOOD      <--
     5         improvement district as defined in the act of December
     6         20, 2000 (P.L.949, No.130), known as the Neighborhood
     7         Improvement District Act.
     8             (ii)  A review of local comprehensive plans and
     9         zoning and other land use ordinances to foster the
    10         viability of the Main Street area.
    11     (c)  Eligibility.--Municipalities or their designated
    12  agencies must meet the following criteria to participate in the
    13  program:
    14         (1)  Have a clearly defined established commercial
    15     downtown in need of a manager.
    16         (2)  Have demonstrated support by local residents,
    17     merchants and government officials.
    18         (3)  Have ability to provide up to a 50% match for
    19     department grants in financial or in-kind support from other
    20     public or private sources based upon departmental guidelines.
    21     The department may waive matching requirements if it
    22     determines that the requirements would constitute an unusual
    23     hardship upon the municipality or its designated agency.
    24     (d)  Limits.-- LIMITATIONS.--IN NO CASE SHALL THE AGGREGATE    <--
    25  AMOUNT OF GRANTS IN ANY FISCAL YEAR EXCEED THE AMOUNT OF THE
    26  APPROPRIATION TO THE DEPARTMENT FOR THE PROGRAM IN THAT FISCAL
    27  YEAR. THE PROVISION OF GRANTS UNDER THIS ACT SHALL IN NO WAY
    28  CONSTITUTE AN ENTITLEMENT DERIVED FROM THE COMMONWEALTH OR A
    29  CLAIM ON ANY OTHER FUNDS OF THE COMMONWEALTH. The department
    30  shall establish limits on the amount of money available to each
    20010H1935B3725                  - 4 -

     1  applicant so as to distribute the available funds as fairly as
     2  possible throughout this Commonwealth.
     3  Section 30 4.  Effective date.                                    <--
     4     This act shall take effect immediately.


















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