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A08911
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2013
Session of
2015
INTRODUCED BY ELLIS, P. COSTA, STURLA, THOMAS, SANTORA, MILLARD,
D. COSTA, MUSTIO, SANKEY, KILLION, GERGELY, MAHONEY, GIBBONS,
DIAMOND, DeLUCA, A. HARRIS, PEIFER, PHILLIPS-HILL,
OBERLANDER, SAYLOR, IRVIN, WARD, GINGRICH, CORBIN, KOTIK,
SIMMONS, GROVE, ORTITAY, MATZIE, ROTHMAN, EVERETT, PICKETT,
KLUNK, NESBIT, STAATS, JAMES, QUIGLEY, ADOLPH, MENTZER,
GABLER, WATSON, KAMPF, SACCONE, SONNEY, METCALFE, BIZZARRO,
REGAN, MARSICO, KNOWLES, HICKERNELL, TOPPER, LAWRENCE, COX,
SCHLOSSBERG, BLOOM, TOOHIL, M. K. KELLER, MACKENZIE,
GODSHALL, REESE, MOUL, WENTLING, MULLERY, MAJOR, DAVIS,
KAUFFMAN, BENNINGHOFF, WHEELAND, SCHLEGEL CULVER, HELM AND
MARSHALL, APRIL 21, 2016
AS REPORTED FROM COMMITTEE ON TOURISM AND RECREATIONAL
DEVELOPMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE
21, 2016
AN ACT
Amending the act of June 28, 1995 (P.L.89, No.18), entitled "An
act creating the Department of Conservation and Natural
Resources consisting of certain functions of the Department
of Environmental Resources and the Department of Community
Affairs; renaming the Department of Environmental Resources
as the Department of Environmental Protection; defining the
role of the Environmental Quality Board in the Department of
Environmental Protection; making changes to responsibilities
of the State Conservation Commission and the Department of
Agriculture; transferring certain powers and duties to the
Department of Health; and repealing inconsistent acts," in
Department of Conservation and National Resources, providing
for development of recreational, lodging and ancillary
facilities; and providing for Public-Private State Park
Partnership Board Pilot Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 28, 1995 (P.L.89, No.18), known
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as the Conservation and Natural Resources Act, is amended by
adding by a section chapter to read:
Section 304.1. Development of recreational, lodging and
ancillary facilities.
(a) General rule.--Upon approval by the board of an offer or
plan submitted by a third party under section 705(5), the
department may enter into a contract with a third party for the
development, financing, construction and operation of additional
recreational, lodging and ancillary facilities in State parks. A
contract may authorize both direct and subsidiary investment
arrangements.
(b) Term of contracts.--The term of a contract under
subsection (a) may not exceed a period of 25 years , at which
time . UPON EXPIRATION OF THE CONTRACT, THE DEPARTMENT MAY RENEW
THE CONTRACT WITH THE THIRD PARTY FOR A PERIOD NOT TO EXCEED 25
YEARS. IF THE DEPARTMENT OPTS NOT TO RENEW THE CONTRACT AFTER
THE EXPIRATION OF THE CONTRACT, the full title to the additional
recreational, lodging and ancillary facilities shall vest with
the Commonwealth, except as otherwise provided by the board.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Additional recreational, lodging and ancillary facilities."
Hotels, inns, restaurants, amusement or water parks, outdoor
sports facilities, golf courses, swimming pools or other public
recreational facilities, office buildings or maintenance
structures or facilities.
"Board." The Public-Private State Park Partnership Board
established under section 702(a).
"Third party." A person, entity, group, corporation or
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organization that is not the Federal Government, the
Commonwealth, a political subdivision or municipal authority.
Section 2. The act is amended by adding a chapter to read:
CHAPTER 7
PUBLIC-PRIVATE STATE PARK PARTNERSHIP BOARD
PUBLIC-PRIVATE STATE PARK
PARTNERSHIP PILOT PROGRAM
Section 701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Public-Private State Park Partnership Board
established under section 702(a).
"Member." An individual appointed to the board in accordance
with this chapter.
"A dditional recreational, lodging and ancillary facilities."
Hotels, inns, restaurants, amusement or water parks, outdoor
sports facilities, golf courses, swimming pools or other public
recreational facilities, or maintenance structures or facilities
necessary to support additional facilities.
"Pilot program." The Public-Private State Park Partnership
Pilot Program established under section 702(a).
"SIGNIFICANT FINANCIAL INTEREST." ANY FINANCIAL INTEREST IN
A LEGAL ENTITY ENGAGED IN BUSINESS FOR PROFIT WHICH COMPRISES
MORE THAN 5% OF THE EQUITY OF THE BUSINESS OR MORE THAN 5% OF
THE ASSETS OF THE ECONOMIC INTEREST IN INDEBTEDNESS.
"Third party." A person, entity, group, corporation or
organization that is not the Federal Government, the
Commonwealth, a political subdivision or municipal authority.
Section 702. Public-Private State Park Partnership
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established Board Pilot Program .
(a) Establishment.--The Public-Private State Park
Partnership Board Pilot Program shall be established within the
department.
(b) Composition.--The board shall be composed of the
following members:
(1) The secretary , who shall be the chairperson of the
board, or the secretary's designee who shall be an employee
of the department. THE SECRETARY OR THE SECRETARY'S DESIGNEE
SHALL BE THE CHAIRPERSON OF THE BOARD.
(2) The Secretary of Community and Economic Development,
or a designee of the Secretary of Community and Economic
Development, who shall be an employee of the Department of
Community and Economic Development.
(3) Six members appointed by the General Assembly as
specified under subsection (c).
(4) One member appointed by the Governor as specified
under subsection (d).
(c) Legislative appointments.--The following apply:
(1) Appointments of members by the General Assembly
shall be made as follows:
(i) Two individuals appointed by the President pro
tempore MAJORITY LEADER of the Senate , ONE OF WHOM SHALL
BE FROM THE CAMPING OR OUTDOOR RECREATION SECTOR .
(ii) One individual appointed by the Minority Leader
of the Senate.
(iii) Two individuals appointed by the Speaker
MAJORITY LEADER of the House of Representatives , ONE OF
WHOM SHALL BE FROM THE CAMPING OR OUTDOOR RECREATION
SECTOR .
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(iv) One individual appointed by the Minority Leader
of the House of Representatives.
(2) Legislative appointees shall be residents of this
Commonwealth and serve at the pleasure of the appointing
authority.
(d) Gubernatorial appointment.--A member appointed under
subsection (b)(4):
(1) may not hold any other position as an elected
official or employee of the Commonwealth;
(2) shall be a resident of this Commonwealth; and
(3) shall serve at the pleasure of the Governor.
Section 703. Terms of members.
(a) Terms.--Members shall serve a term as follows:
(1) Members appointed under section 702(c) shall serve a
term of two years and the MAXIMUM OF THREE TERMS OF TWO YEARS
AND EACH term shall run concurrently with the term of the
legislative session.
(2) The member appointed under section 702(d) shall
serve a term of four years and the term shall run
concurrently with the term of the appointing Governor.
(3) The secretary or the secretary's designee shall
serve a term of four years and the term shall run
concurrently with the secretary's service in office.
(4) The Secretary of Community and Economic Development
or the designee of the Secretary of Community and Economic
Development shall serve a term of four years and the term
shall run concurrently with the secretary's service in
office.
(b) Initial appointment and vacancy.--Appointing authorities
shall appoint initial members within 30 days of the effective
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date of this section. Whenever a vacancy occurs on the board,
the appointing authority shall appoint a successor member within
30 days of the vacancy.
(c) Quorum.--Five members of the board shall constitute a
quorum. The adoption of a resolution or other action of the
board shall require a majority vote of the members . SERVING ON
THE BOARD, REGARDLESS OF WHETHER OR NOT ALL OF THE MEMBERS ARE
PRESENT FOR THE VOTE ON THE RESOLUTION OR OTHER ACTION.
Section 704. Compensation and financial interests.
(a) Compensation.--Members may not receive compensation for
the performance of their duties on the board, but shall be
entitled to reimbursement by the department for all necessary
and reasonable expenses incurred in connection with the
performance of their duties on the board.
(b) Financial interests.--No member, during the member's
term of office, shall directly or indirectly own, have any
significant financial interest in, be associated with or receive
any fee, commission, compensation or anything of value from any
private entity seeking to engage in a third-party contract with
the department. The provisions of this subsection shall not
apply to the salary of a Commonwealth employee.
Section 705. Duties of board.
The board shall have the following duties:
(1) Meeting as often as necessary but at least annually.
(2) Adopting guidelines establishing the procedure by
which a third party may submit a plan for additional
recreational, lodging or ancillary facilities at State parks.
(3) Conducting an inventory of existing State park
assets and issuing recommendations where additional
recreational, lodging and ancillary facilities in State parks
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can be developed to the benefit of the general public.
(4) Soliciting from third parties the submission of
offers or plans for additional recreational, lodging and
ancillary facilities in State parks.
(5) Evaluating and, when the board finds that offers or
plans by third parties for additional recreational, lodging
and ancillary facilities at State parks are in the best
interests of this Commonwealth, approving the offers or plans
by adopting a resolution.
(6) Submitting an annual report to the General Assembly
detailing all additional recreational, lodging and ancillary
facilities in State parks evaluated and resolutions adopted.
(7) EVALUATING THE IMPACT OF ADDITIONAL RECREATIONAL,
LODGING AND ANCILLARY FACILITIES IN STATE PARKS ON CAMPING,
RECREATIONAL AND LODGING FACILITIES CONDUCTED IN THE PRIVATE
SECTOR IN THE VICINITY OF STATE PARKS. THE RESULTS OF THE
EVALUATION UNDER THIS PARAGRAPH SHALL BE CONSIDERED BY THE
BOARD BEFORE THE BOARD APPROVES ANY OFFERS OR PLANS SUBMITTED
BY THIRD PARTIES UNDER PARAGRAPH (5).
Section 706. Operation of board.
(a) Technical assistance.--The department shall supply all
necessary assistance to the board in carrying out its duties and
responsibilities, including retention of legal, financial and
technical consultants to assist with this role.
(b) Analysis.--The department shall provide a detailed
analysis of an offer or plan for additional recreational,
lodging and ancillary facilities at State parks to the board
before approval by the board under section 705(5).
(c) Oversight.--The department shall retain oversight and
monitor additional recreational, lodging and ancillary
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facilities in State parks, including periodic reports to the
board, as necessary.
Section 707. Applicability.
The following acts shall apply to the board:
(1) The act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
(2) The act of July 19, 1957 (P.L.1017, No.451), known
as the State Adverse Interest Act.
(3) The provisions of 65 Pa.C.S. Chs. 7 (relating to
open meetings) and 11 (relating to ethics standards and
financial disclosure).
(b) Duties.--The department shall have the following duties:
(1) Selecting a consultant through an appropriate
procurement mechanism to conduct an inventory of existing
State park assets and issue recommendations where additional
recreational, lodging and ancillary facilities in State parks
can be developed to the benefit of the general public.
(2) Determining if a recommended public-private project
is consistent with the purposes of the department's mission
as set forth under section 303(a)(3).
(3) Adopting guidelines establishing the procedure by
which a private entity may submit a plan to develop
additional recreational, lodging or ancillary facilities in
State parks.
(4) Submitting a report to the General Assembly
detailing all additional recreational, lodging and ancillary
facilities in State parks evaluated and recommended.
Section 703. Exemption and funding.
The department shall be exempt from selecting a consultant,
implementing any public-private partnership project or executing
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any agreement with a private entity if sufficient funds are not
appropriated for the procurement mechanism under paragraph (1)
and the specific recreational, lodging or ancillary facility
project and deposited in a dedicated public-private State parks
account.
Section 3 2. This act shall take effect in 90 days.
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