PRINTER'S NO. 2196

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1802 Session of 1977


        INTRODUCED BY STEWART, BITTINGER, ENGLEHART, GOODMAN, REED,
           WASS, SHUPNIK, C. GEORGE, O'CONNELL, B. F. O'BRIEN,
           HALVERSON, A. K. HUTCHINSON, PIEVSKY, MILLIRON, CASSIDY
           AND STAIRS, OCTOBER 26, 1977

        REFERRED TO COMMITTEE ON APPROPRIATIONS, OCTOBER 26, 1977

                                     AN ACT

     1  Amending the act of July 20, 1968 (P.L.652, No.220), entitled,
     2     "An act amending the act of March 31, 1949 (P.L.372, No.34),
     3     entitled 'An act to promote the welfare of the people of the
     4     Commonwealth; creating The General State Authority as a body
     5     corporate and politic with power to construct, improve,
     6     equip, furnish, and operate projects, and to lease the same,
     7     and to fix fees, rentals, and charges for the use thereof;
     8     authorizing and regulating the issuance of bonds for said
     9     Authority, and providing for the payment of such bonds, and
    10     the rights of the holders thereof; and to enter into
    11     agreements with the Government of the United States or any
    12     Federal agency; and authorizing the Department of Property
    13     and Supplies to grant, assign, convey, or lease to the
    14     Authority lands of the Commonwealth and interests therein,
    15     and to acquire lands therefor; granting the right of eminent
    16     domain; empowering The General State Authority to sell and
    17     convey projects and property to the Commonwealth; and
    18     providing that no debt of the Commonwealth shall be incurred
    19     in the exercise of any of the powers granted by this act,'
    20     empowering the Authority to construct and acquire projects
    21     for certain State-related universities, providing for the
    22     disposition of unused borrowing capacity which may become
    23     available through the operation of the Higher Education
    24     Facilities Act of 1963 or other Federal grants; harmonizing
    25     the language of certain existing amendments; allocating
    26     unused funds; providing for the interpretation of certain
    27     amendments to the act; further defining the powers and
    28     procedures of the board; regulating the leasing of projects
    29     constructed for State-aided institutions; amending the
    30     eminent domain powers and procedures of the Authority;
    31     specifically itemizing projects for capital budget purposes,"
    32     to reduce the amount of unallocated funds available for


     1     allocation by the board to certain projects for cost-overrun,
     2     and to provide for additional projects necessitated by the
     3     Great Flood of July 1977.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Clause XXVIII of section 7, act of July 20, 1968
     7  (P.L.652, No.220), entitled "An act amending the act of March
     8  31, 1949 (P.L.372, No.34), entitled 'An act to promote the
     9  welfare of the people of the Commonwealth; creating The General
    10  State Authority as a body corporate and politic with power to
    11  construct, improve, equip, furnish, and operate projects, and to
    12  lease the same, and to fix fees, rentals, and charges for the
    13  use thereof; authorizing and regulating the issuance of bonds
    14  for said Authority, and providing for the payment of such bonds,
    15  and the rights of the holders thereof; and to enter into
    16  agreements with the Government of the United States or any
    17  Federal agency; and authorizing the Department of Property and
    18  Supplies to grant, assign, convey, or lease to the Authority
    19  lands of the Commonwealth and interests therein, and to acquire
    20  lands therefor; granting the right of eminent domain; empowering
    21  The General State Authority to sell and convey projects and
    22  property to the Commonwealth; and providing that no debt of the
    23  Commonwealth shall be incurred in the exercise of any of the
    24  powers granted by this act,' empowering the Authority to
    25  construct and acquire projects for certain State-related
    26  universities, providing for the disposition of unused borrowing
    27  capacity which may become available through the operation of the
    28  Higher Education Facilities Act of 1963 or other Federal grants;
    29  harmonizing the language of certain existing amendments;
    30  allocating unused funds; providing for the interpretation of
    31  certain amendments to the act; further defining the powers and
    19770H1802B2196                  - 2 -

     1  procedures of the board; regulating the leasing of projects
     2  constructed for State-aided institutions; amending the eminent
     3  domain powers and procedures of the Authority; specifically
     4  itemizing projects for capital budget purposes," is amended and
     5  the section is amended by adding a clause to read:
     6     Section 7.  For capital budget purposes the following public
     7  improvement projects to be financed by the issuing of debt and
     8  to be constructed by The General State Authority, its successors
     9  or assigns, and which are in addition to those projects itemized
    10  in the "Capital Budget Act for the 1968-1969 Fiscal Year" are
    11  hereby specifically itemized, together with their respective
    12  estimated financial costs, as follows:
    13     * * *
    14  XXVIII.  Additional funds to be allocated by the board
    15         of the authority to such of the public improve-
    16         ment projects specifically itemized in a capital
    17         budget for constructions by the General State
    18         Authority as are not bid within the estimated
    19         financial costs specified in such capital budget
    20         but this amount shall not otherwise constitute
    21         unallocated funds of the General State Author-
    22         ity for any other purpose.................   [46,899,342]
    23                                                       26,873,374
    24  XXIX.  Department of Environmental Resources..       20,025,968
    25         Additional Flood Control Projects
    26         arising from the Great Flood of July 1977
    27         are as follows:
    28                          PROJECT LOCATION
    29     (1)  Ben's Creek Flood Protection..............      703,100
    30          City of Johnstown, Cambria County
    19770H1802B2196                  - 3 -

     1          (Base Construction Cost $550,000)
     2     (2)  Sam's Run Flood Protection...............     1,124,865
     3          City of Johnstown, Lorraine Borough,
     4          Cambria County
     5          (Base Construction Cost $900,000)
     6     (3)  Elk Run Debris Dam - City of Johnstown,
     7          Lower Yoder Township, Cambria County...         300,000
     8          (Base Construction Cost $216,000)
     9     (4)  Solomon's Run Flood Protection.........       6,751,829
    10          Stoney Creek Township, City of Johnstown,
    11          Cambria County
    12          (Base Construction Cost, $5,500,000)
    13     (5)  Little Conemaugh River, East Conemaugh
    14          Flood Protection.........................       579,513
    15          Borough of East Conemaugh,
    16          Cambria County
    17          (Base Construction Cost $450,000)
    18     (6)  Black Lick Creek Flood Protection......        1,507,399
    19          Nanty Glo
    20          Cambria County
    21          (Base Construction Cost $1,200,000)
    22     (7)  South Fork and Otto Run Flood Protection       1,133,265
    23          Croyle Township (Sidman)
    24          Cambria County
    25          (Base Construction Cost $900,000)
    26     (8)  South Branch of Black Lick Creek
    27          Flood Protection.......................         641,334
    28          Borough of Vintondale
    29          Cambria and Indiana Counties
    30          (Base Construction Cost $500,000)
    19770H1802B2196                  - 4 -

     1     (9)  Two Lick Creek and Dickson Run Flood
     2          Protection.............................       2,130,587
     3          Borough of Clymer
     4          Indiana County
     5          (Base Construction Cost $1,700,000)
     6    (10)  Yellow Creek and Two Lick Creek Flood
     7          Protection...............................      3,142,454
     8          Borough of Homer City
     9          Indiana County
    10          (Base Construction Cost $2,500,000)
    11         (11)  Paint Creek Flood Protection...........        381,754
    12          Paint Township
    13          Somerset County
    14          (Base Construction Cost $300,000)
    15    (12)  Paint Creek Improvements to Existing Flood
    16          Protection.............................         752,252
    17          Borough of Windber
    18          Somerset County
    19          (Base Construction Cost $600,000)
    20    (13)  West Branch of Susquehanna River
    21          Improvements to Existing Flood
    22          Protection.............................         877,616
    23          Borough of Cherry Tree
    24          Indiana, Clearfield and Cambria
    25          Counties
    26          (Base Construction Cost $700,000)
    27     In order to expedite these projects, the Department of
    28  General Services shall assign the professional agreements for
    29  design and the construction supervision to the Department of
    30  Environmental Resources.
    19770H1802B2196                  - 5 -

     1     Section 2.  This act shall take effect immediately.




















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