HOUSE AMENDED
PRIOR PRINTER'S NOS. 786, 888
PRINTER'S NO. 1794
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
667
Session of
2017
INTRODUCED BY STEFANO, McGARRIGLE, ARGALL, GORDNER, KILLION,
BARTOLOTTA, WHITE, YAW, VOGEL, VULAKOVICH, RESCHENTHALER,
LANGERHOLC, BREWSTER, YUDICHAK, WARD AND BLAKE, MAY 4, 2017
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 23, 2018
AN ACT
Amending the act of May 24, 1945 (P.L.991, No.385), entitled "An
act to promote elimination of blighted areas and supply
sanitary housing in areas throughout the Commonwealth; by
declaring acquisition, sound replanning and redevelopment of
such areas to be for the promotion of health, safety,
convenience and welfare; creating public bodies corporate and
politic to be known as Redevelopment Authorities; authorizing
them to engage in the elimination of blighted areas and to
plan and contract with private, corporate or governmental
redevelopers for their redevelopment; providing for the
organization of such authorities; defining and providing for
the exercise of their powers and duties, including the
acquisition of property by purchase, gift or eminent domain;
the leasing and selling of property, including borrowing
money, issuing bonds and other obligations, and giving
security therefor; restricting the interest of members and
employes of authorities; providing for notice and hearing;
supplying certain mandatory provisions to be inserted in
contracts with redevelopers; prescribing the remedies of
obligees of redevelopment authorities; conferring certain
duties upon local planning commissions, the governing bodies
of cities and counties, and on certain State officers, boards
and departments," further providing for powers of an
authority.
AMENDING TITLE 68 (REAL AND PERSONAL PROPERTY) OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, IN LAND BANKS, FURTHER
PROVIDING FOR CREATION AND EXISTENCE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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Section 1. Section 9 of the act of May 24, 1945 (P.L.991,
No.385), known as the Urban Redevelopment Law, is amended by
adding subsections to read:
Section 9. Powers of an Authority.--An Authority shall
constitute a public body, corporate and politic, exercising
public powers of the Commonwealth as an agency thereof, which
powers shall include all powers necessary or appropriate to
carry out and effectuate the purposes and provisions of this
act, including the following powers in addition to those herein
otherwise granted:
* * *
(cc) To accept the transfer of real property of the county
held by the tax claim bureau, as trustee for the county, in a
repository for unsold property under section 626 of the act of
July 7, 1947 (P.L.1368, No.542), known as the Real Estate Tax
Sale Law.
(dd) To accept the transfer of real property of a
municipality purchased by the municipality under section 29 of
the act of May 16, 1923 (P.L.207, No.153), referred to as the
Municipal Claim and Tax Lien Law.
(ee) To accept the transfer of real property held by a city
of the second class as agent for taxing bodies having claims
against the property under section 401 of the act of October 11,
1984 (P.L.876, No.171), known as the Second Class City
Treasurer's Sale and Collection Act.
(ff) To accept donations of real property and extinguish
delinquent claims for taxes as to the real property as specified
under section 5.1 of the act of May 16, 1923 (P.L.207, No.153),
referred to as the Municipal Claim and Tax Lien Law, and section
303 of the Real Estate Tax Sale Law. For the purposes of this
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subsection, an authority shall have all rights and obligations
of a municipality under section 5.1 of the Municipal Claim and
Tax Lien Law and a local taxing district under section 303 of
the Real Estate Tax Sale Law.
(gg) To accept the remittance or dedication of a portion of
real property taxes collected in accordance with the laws of
this Commonwealth on real property conveyed by an authority if
the remittance or dedication is authorized by the taxing
jurisdiction. An authority shall allocate tax revenues collected
under this subsection beginning in the first taxable year after
the date of conveyance and for five taxable years thereafter.
The tax revenue allocated under this subsection may not exceed a
maximum of 50% of the aggregate property tax revenues generated
by the real property. The remittance or dedication of real
property taxes shall include the real property taxes of a school
district if the school district enters into an agreement with
the authority for the remittance or dedication.
Section 2. All acts or parts of acts are repealed insofar as
they are inconsistent with the addition of section 9(cc), (dd),
(ee), (ff) and (gg) of the act.
SECTION 1. SECTION 2104 OF TITLE 68 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
ยง 2104. CREATION AND EXISTENCE.
* * *
(H) REDEVELOPMENT AUTHORITY.--
(1) A LAND BANK JURISDICTION LOCATED IN A COUNTY OF THE
SECOND A, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH OR EIGHTH
CLASS MAY, BY ORDINANCE, DESIGNATE A REDEVELOPMENT AUTHORITY
CREATED FOR THE JURISDICTION AND OPERATING UNDER THE ACT OF
MAY 24, 1945 (P.L.991, NO.385), KNOWN AS THE URBAN
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REDEVELOPMENT LAW, AS LAND BANK FOR THE JURISDICTION. THE
ORDINANCE SHALL DESIGNATE THE AUTHORITY AS THE LAND BANK AND
CONTAIN THE SPECIFICATIONS OF SUBSECTION (A)(5), (6) AND (7).
THE ORDINANCE MAY CONTAIN VOTING OR APPROVAL REQUIREMENTS AS
AUTHORIZED BY SECTION 2110(G) (RELATING TO DISPOSITION OF
PROPERTY). THE ORDINANCE SHALL BE FILED WITH THE DEPARTMENT
OF STATE, WHICH SHALL NOTE IT ON THE RECORD OF INCORPORATION
FOR THE AUTHORITY. THE DEPARTMENT SHALL CREATE A MODEL
ORDINANCE FOR THE DESIGNATION.
(2) A REDEVELOPMENT AUTHORITY DESIGNATED UNDER THIS
SUBSECTION SHALL EXERCISE THE POWERS OF A LAND BANK UNDER
THIS CHAPTER SUBJECT TO THE FOLLOWING:
(I) THE DESIGNATION SHALL NOT AFFECT THE
ORGANIZATION, MEMBERSHIP, ELIGIBILITY, TENURE AND
COMPENSATION OF THE AUTHORITY BOARD, EXCEPT THAT VOTING
REQUIREMENTS SPECIFIED IN SECTIONS 2105(H) (RELATING TO
BOARD) AND 2115 (RELATING TO CONFLICTS OF INTEREST) SHALL
APPLY TO PROCEEDINGS UNDER THIS CHAPTER. UPON A VACANCY
OR EXPIRATION OF THE TERM OF A BOARD MEMBER OCCURRING
AFTER THE DESIGNATION, THE LAND BANK JURISDICTION SHALL
APPOINT A REPLACEMENT TO ENSURE COMPLIANCE WITH THE
REQUIREMENTS OF SECTION 2105(B)(3).
(II) SUBJECT TO SUBPARAGRAPH (I), THE AUTHORITY
SHALL ESTABLISH RULES, POLICIES AND PROCEDURES CONSISTENT
WITH THIS CHAPTER FOR LAND BANK ACTIVITIES.
(III) THE AUTHORITY AS LAND BANK SHALL ONLY ACQUIRE,
HOLD AND DISPOSE OF PROPERTY IN ACCORDANCE WITH THIS
CHAPTER. FINANCES OF THE AUTHORITY AS LAND BANK SHALL BE
RETAINED AND ACCOUNTED FOR SEPARATELY FROM FINANCES HELD
FOR OTHER AUTHORITY PURPOSES AND SHALL BE SUBJECT TO
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SECTION 2119 (RELATING TO ANNUAL AUDIT AND REPORT).
(3) THE DESIGNATION OF THE AUTHORITY AS LAND BANK MAY BE
REVOKED IN THE SAME MANNER AS THE DISSOLUTION OF A LAND BANK
UNDER SECTION 2114 (RELATING TO DISSOLUTION OF LAND BANK).
Section 3 2. This act shall take effect in 60 days.
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