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        PRIOR PRINTER'S NO. 594                       PRINTER'S NO. 1260

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 500 Session of 2003


        INTRODUCED BY FREEMAN, ARGALL, TANGRETTI, HERMAN, CURRY, HARPER,
           STURLA, HENNESSEY, STEIL, GRUCELA, SAMUELSON, ALLEN, BEBKO-
           JONES, BELARDI, BELFANTI, BROWNE, CALTAGIRONE, CASORIO,
           CAWLEY, CORRIGAN, COSTA, DAILEY, DALLY, DeWEESE, EACHUS,
           D. EVANS, FAIRCHILD, FICHTER, FRANKEL, GEIST, GERGELY,
           HALUSKA, HARHAI, HERSHEY, HORSEY, HUTCHINSON, JOSEPHS,
           KELLER, KIRKLAND, LAUGHLIN, LEACH, LEDERER, LEH, LESCOVITZ,
           LEVDANSKY, LEWIS, MANDERINO, MANN, MARKOSEK, McCALL,
           McILHINNEY, MELIO, O'NEILL, PETRARCA, PETRI, PETRONE,
           PISTELLA, PRESTON, READSHAW, ROBERTS, RUBLEY, SAINATO,
           SANTONI, SCHRODER, SCRIMENTI, SHANER, SOLOBAY, STABACK,
           SURRA, THOMAS, TRAVAGLIO, VITALI, WALKO, WANSACZ, WATSON,
           J. WILLIAMS, WRIGHT, YOUNGBLOOD, YUDICHAK, PALLONE, BISHOP
           AND REICHLEY, FEBRUARY 26, 2003

        AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, APRIL 7, 2003

                                     AN ACT

     1  Providing for a residential neighborhood enhancement program to
     2     be administered by the Department of Community and Economic
     3     Development; and making an appropriation.

     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 Elm Street
     8  Act.
     9  Section 2.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:

     1     "Department."  The Department of Community and Economic
     2  Development of the Commonwealth.
     3     "Elm Street Program."  A comprehensive plan to develop and     <--
     4  revitalize established residential neighborhoods either in the
     5  vicinity of a Main Street Program project or in close proximity
     6  to an existing commercial core.
     7     "Established residential neighborhood."  A defined geographic
     8  area which has historically consisted of buildings and            <--
     9  structures for housing individuals and families in close          <--
    10  proximity to a commercial core DISTRICT and which has existed as  <--
    11  a residential neighborhood for 40 or more years.
    12     "Main Street Program."  The program administered by the
    13  Department of Community and Economic Development designed to
    14  help ASSIST a community's downtown economic development effort    <--
    15  through the establishment of a local organization dedicated to
    16  downtown revitalization and management of downtown
    17  revitalization by hiring a full-time professional downtown
    18  coordinator.
    19     "Municipality."  Any city, borough, township, county or home   <--
    20  rule municipality.
    21     "PROGRAM."  THE ELM STREET PROGRAM AS ESTABLISHED IN SECTION   <--
    22  3.
    23  Section 3.  Elm Street Program.
    24     (a)  Establishment.--There is established an Elm Street
    25  Program within the department WHICH SHALL ASSIST MUNICIPALITIES   <--
    26  IN PREPARING A COMPREHENSIVE PLAN TO DEVELOP AND REVITALIZE
    27  ESTABLISHED RESIDENTIAL NEIGHBORHOODS EITHER IN THE VICINITY OF
    28  A MAIN STREET PROGRAM PROJECT OR IN PROXIMITY TO AN EXISTING
    29  COMMERCIAL DISTRICT.
    30     (B)  APPLICATIONS.--THE DEPARTMENT SHALL PREPARE APPLICATION
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     1  FORMS FOR THE GRANT PROGRAM ESTABLISHED IN THIS ACT AND AWARD
     2  GRANTS TO MUNICIPALITIES BASED ON THE REQUIREMENTS IN SUBSECTION
     3  (C).
     4     (b)  Program requirements.--The Elm Street Program shall, at   <--
     5  a minimum, include the following components:
     6         (1)  Five-year maximum State financial assistance.
     7         (2)  Residential reinvestment grants for administrative
     8     (C)  PROGRAM REQUIREMENTS.--THE PROGRAM SHALL:                 <--
     9         (1)  PROVIDE BASIC GRANTS FOR ADMINISTRATIVE costs
    10     associated with the hiring of a professional Elm Street
    11     Manager, who may serve as an assistant to the Main Street
    12     Manager when IF a Main Street Program exists within a          <--
    13     municipality.
    14         (3)  Basic (2)  PROVIDE RESIDENTIAL REINVESTMENT grants    <--
    15     for infrastructure and structural improvements, including,
    16     but not limited to, streets, street lights, trees, housing
    17     facades and sidewalks or other pedestrian-oriented features.
    18         (4)  Plans for marketing and promoting downtown            <--
    19     residential living within a designated Elm Street area.
    20         (5)  Plans to leverage additional private and public
    21     investment in the designated area.
    22         (6)  Plans to address any social or economic concerns
    23     within the designated area.
    24         (7)  Plans to, the greatest extent possible, achieve
    25     consistency with any existing commercial and residential
    26     revitalization efforts.
    27         (8)  An assessment of the potential need for the
    28     following components:
    29         (3)  PROVIDE STATE FINANCIAL ASSISTANCE FOR A MAXIMUM OF   <--
    30     FIVE YEARS.
    20030H0500B1260                  - 3 -     

     1         (4)  PROVIDE PLANNING AND DEVELOPMENT GRANTS FOR:
     2             (I)  MARKETING AND PROMOTING URBAN RESIDENTIAL
     3         LIVING.
     4             (II)  LEVERAGING ADDITIONAL PRIVATE AND PUBLIC
     5         INVESTMENT.
     6             (III)  ADDRESSING ANY SOCIAL AND ECONOMIC CONCERNS.
     7             (IV)  ACHIEVING CONSISTENCY, WHENEVER APPROPRIATE,
     8         WITH ANY EXISTING COMMERCIAL AND RESIDENTIAL
     9         REVITALIZATION EFFORTS.
    10         (5)  AN ASSESSMENT OF THE APPLYING MUNICIPALITIES' NEED
    11     FOR THE FOLLOWING:
    12             (i)  The establishment of a neighborhood improvement
    13         district as defined in the act of December 20, 2000
    14         (P.L.949, No.130), known as the Neighborhood Improvement
    15         District Act.
    16             (ii)  A review of local comprehensive plans and
    17         zoning and other land use ordinances to foster the
    18         viability of established residential neighborhoods, with
    19         a balanced mix of commercial, civic, employment and
    20         residential uses, with particular attention to a
    21         diversity of housing options.
    22             (iii)  A review of educational and recreational
    23         opportunities and facilities.
    24     (c)  Eligibility.--Municipalities or their designated
    25  agencies must meet the following criteria to participate in the   <--
    26  Elm Street Program:
    27         (1)  Have a clearly defined residential neighborhood in
    28     need of revitalization in proximity to a commercial district.
    29         (2)  Have demonstrated EXPRESSED support by local          <--
    30     residents, merchants and government officials.
    20030H0500B1260                  - 4 -     

     1         (3)  Have ability to provide up to a 50% match in
     2     financial and/or in-kind support for any department grants
     3     from other public or private sources based upon departmental
     4     guidelines. The department may waive or reduce any matching    <--
     5     requirements if it is determined that such requirements would
     6     THE MATCHING REQUIREMENT IF IT DETERMINES SUCH REQUIREMENT     <--
     7     WOULD constitute a hardship upon the municipality or its       <--
     8     designated agency AN AGENCY DESIGNATED BY THE MUNICIPALITY.    <--
     9     (d)  Limits.--The department shall establish limits on the
    10  amount of money available to each applicant so as to distribute
    11  the available funds as fairly as possible throughout this
    12  Commonwealth.
    13  Section 4.  Appropriation.
    14     The sum of $5,000,000, or as much thereof as may be
    15  necessary, is appropriated to the Department of Community and
    16  Economic Development to carry out the purposes of this act for
    17  the first fiscal year of its implementation.
    18  SECTION 5.  LIMITATIONS.                                          <--
    19     IN NO CASE SHALL THE AGGREGATE AMOUNT OF GRANTS IN ANY FISCAL
    20  YEAR EXCEED THE AMOUNT OF THE APPROPRIATION TO THE DEPARTMENT
    21  FOR THE PROGRAM IN THAT FISCAL YEAR. THE PROVISION OF GRANTS
    22  UNDER THIS ACT SHALL IN NO WAY CONSTITUTE AN ENTITLEMENT DERIVED
    23  FROM THE COMMONWEALTH OR A CLAIM ON ANY OTHER FUNDS OF THE
    24  COMMONWEALTH.
    25  Section 5 6.  Effective date.                                     <--
    26     This act shall take effect immediately.



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