PRIOR PRINTER'S NO. 244 PRINTER'S NO. 2104
No. 218 Session of 2005
INTRODUCED BY REED, ARGALL, BELFANTI, BOYD, BUNT, CAPPELLI,
CORNELL, CRAHALLA, CREIGHTON, FABRIZIO, FICHTER, FREEMAN,
GEIST, GINGRICH, GOODMAN, HARHAI, HENNESSEY, HERMAN, HERSHEY,
HUTCHINSON, KIRKLAND, LEDERER, LEH, MANN, McCALL, McGILL,
O'NEILL, PETRARCA, PETRONE, PICKETT, REICHLEY, RUBLEY,
SAYLOR, SCAVELLO, SCHRODER, STABACK, STERN, R. STEVENSON,
STURLA, E. Z. TAYLOR, THOMAS, WALKO, WASHINGTON, YOUNGBLOOD,
PAYNE AND SIPTROTH, FEBRUARY 8, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 7, 2005
AN ACT
1 Amending the act of June 22, 2000 (P.L.318, No.32), entitled "An
2 act encouraging State agencies to locate facilities in a
3 downtown area; and providing for report to General Assembly,"
4 further providing for definitions AND FOR POWERS AND DUTIES <--
5 OF DEPARTMENT OF GENERAL SERVICES.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3 of the act of June 22, 2000 (P.L.318, <--
9 No.32), known as the Downtown Location Law, is amended to read:
10 SECTION 1. SECTIONS 3 AND 4(C) OF THE ACT OF JUNE 22, 2000 <--
11 (P.L.318, NO.32), KNOWN AS THE DOWNTOWN LOCATION LAW, ARE
12 AMENDED TO READ:
13 Section 3. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
1 "Department." The Department of General Services of the
2 Commonwealth.
3 "Downtown area." [Either of the following:
4 (1) The central business district of a city, other than
5 a city of the first class, borough, incorporated town or
6 township or any commercial area within a neighborhood of a
7 city, borough, incorporated town or township, in every case
8 that serves as a commercial center within that community of
9 this Commonwealth.
10 (2) In cities of the first class, the entire geographic
11 area of the city.]
12 A geographically identifiable and contiguous business district
13 within a town, city, village within a township, home rule
14 municipality or borough, with a recognized sense of place and a
15 distinct and identifiable pedestrian orientation based upon a
16 rectilinear street grid pattern of development, with one or more
17 central streets and intersecting cross streets. The business
18 district shall have historically served as the center of
19 economic, social and civic activity within the community since
20 at least 1939, or, in the case of a municipality with multiple
21 business districts, each business district shall have served as
22 the center of economic, social and civic activity within a
23 neighborhood.
24 "Pedestrian orientation." Development designed with an
25 emphasis on a street sidewalk and on pedestrian access to a site
26 and building rather than on automobile access and parking areas
27 where:
28 (1) The building is generally placed close to the street
29 and the main entrance is oriented to the street sidewalk.
30 (2) There are generally windows or display cases along
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1 building facades that face the street.
2 (3) The building covers a large portion of the
3 individual lot area.
4 (4) Although parking areas may be provided, they are
5 generally limited in size and are not emphasized by the
6 design of the site.
7 "Rectilinear street grid pattern." A street and block system
8 characterized by relatively regularly spaced, rectangular or
9 trapezoidal blocks and four-way intersections.
10 "Secretary." The Secretary of General Services of the
11 Commonwealth.
12 "Sense of place." The characteristics of a location that
13 make it readily recognizable as being unique and different from
14 its surroundings, including, but not limited to, publicly owned
15 squares, village commons, open space, gazebos, plazas,
16 courtyards and historic main streets.
17 "State agency." An executive agency or independent agency as
18 those terms are defined in 62 Pa.C.S. § 103 (relating to
19 definitions).
20 SECTION 4. POWERS AND DUTIES. <--
21 * * *
22 (C) CONSTRUCTION.--WHENEVER A STATE AGENCY IS PLANNING TO
23 CONSTRUCT A BUILDING TO BE USED FOR OFFICE PURPOSES, THE STATE
24 AGENCY SHALL, IN ACCORDANCE WITH THE DEPARTMENT'S GUIDELINES:
25 (1) CONSIDER THE REHABILITATION, REUSE, OR BOTH, OF
26 EXISTING STRUCTURES WITHIN A DOWNTOWN AREA. CONSIDERATION MAY
27 INCLUDE REASONABLE EFFORTS TO:
28 (I) REHABILITATE OR REBUILD THE STRUCTURE'S FACADE,
29 IF APPROPRIATE, IN A WAY WHICH MAINTAINS THE
30 ARCHITECTURAL INTEGRITY OF THE BUILDING AND STREETSCAPE
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1 ACCORDING TO THE UNITED STATES SECRETARY OF THE
2 INTERIOR'S STANDARDS FOR REHABILITATION IN FEDERAL
3 REGULATIONS.
4 (II) ENSURE THAT THE STRUCTURE MEETS THE
5 REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT OF
6 1990 (PUBLIC LAW 101-336, 104 STAT. 327) IN A MANNER
7 WHICH RESPECTS THE ARCHITECTURAL INTEGRITY OF THE
8 BUILDING.
9 (2) CONSIDER NEW CONSTRUCTION ON AVAILABLE LAND WITHIN A
10 DOWNTOWN AREA. CONSIDERATION MAY INCLUDE REASONABLE EFFORTS
11 TO:
12 (I) HAVE THE SCALE AND FACADE OF THE NEW STRUCTURE
13 MAINTAIN THE ARCHITECTURAL INTEGRITY OF THE EXISTING
14 STREETSCAPE.
15 (II) ENSURE THAT THE STRUCTURE MEETS THE
16 REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT OF
17 1990 IN A MANNER WHICH RESPECTS THE ARCHITECTURAL
18 INTEGRITY OF THE NEIGHBORING BUILDING.
19 (3) GIVE PRIORITY OF CONSIDERATION TO DOWNTOWN AREAS
20 LOCATED IN ECONOMICALLY DEPRESSED MUNICIPALITIES.
21 Section 2. This act shall take effect in 60 days.
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