PRINTER'S NO. 2113
No. 1434 Session of 1984
INTRODUCED BY JUBELIRER, ZEMPRELLI, LOEPER, LLOYD, MOORE, MUSTO,
O'CONNELL, O'PAKE, REIBMAN, RHOADES, ROCKS, ROMANELLI, ROSS,
SCANLON, SHAFFER, SHUMAKER, SINGEL, STAPLETON, STOUT, STREET,
WILLIAMS, WILT, HOPPER, KRATZER, LEWIS, LINCOLN, LYNCH,
MELLOW, ANDREZESKI, BODACK, CORMAN, FISHER, HANKINS,
HELFRICK, HESS AND HAGER, JUNE 15, 1984
REFERRED TO APPROPRIATIONS, JUNE 15, 1984
AN ACT
1 Providing for the rehabilitation, development and acquisition of
2 land, water and structural resources; defining the powers and
3 duties of certain offices, agencies and municipalities;
4 providing for the allotment of proceeds hereunder including
5 Commonwealth grants; prescribing standards; and making
6 appropriations.
7 TABLE OF CONTENTS
8 Section 1. Short title.
9 Section 2. Declaration of policy.
10 Section 3. Purposes.
11 Section 4. Definitions.
12 Section 5. Allotment of moneys.
13 Section 6. Joint departmental projects.
14 Section 7. Federal programs.
15 Section 8. Effective date.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Short title.
1 This act shall be known and may be cited as the Recreational
2 Improvement and Rehabilitation Act.
3 Section 2. Declaration of policy.
4 It is hereby determined and declared as a matter of
5 legislative finding that:
6 (1) Fundamental to the health and welfare of people of
7 Pennsylvania are the land and water resources of this
8 Commonwealth.
9 (2) The continued need for recreation and community
10 services requires the development of new, and the
11 rehabilitation of existing, indoor and outdoor recreation,
12 park and community service facilities.
13 (3) The Commonwealth must act to develop and
14 rehabilitate, and to assist municipalities to develop and to
15 rehabilitate, newly and previously acquired lands and
16 facilities for recreation, community conservation and
17 historical uses so that the public may have access and
18 enjoyment of these areas and facilities.
19 (4) The Commonwealth must act to assist municipalities
20 to acquire lands for recreation, community conservation and
21 historical uses so that the public may have access and
22 enjoyment of these areas and facilities.
23 (5) The Commonwealth and municipalities may utilize
24 available Federal programs in order to augment the funds made
25 available under the provisions of this act.
26 Section 3. Purposes.
27 In order to foster economic development, funds shall be used
28 only for the following purposes:
29 (1) Rehabilitation of existing parks, recreation
30 facilities and public zoos where these facilities have
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1 deteriorated because they have met or exceeded their useful
2 life or other reasons, which are not attributable to neglect
3 by the responsible public agency, or where such
4 rehabilitation will significantly reduce the operation and
5 maintenance costs for these facilities.
6 (2) Acquisition of land for public recreation or park
7 areas, to obtain critical inholding or buffer areas adjacent
8 to existing park and recreation areas and to preserve
9 critical wildlife habitat areas, including wetlands, or for
10 other critical conservation or recreation purposes.
11 (3) Acquisition, development and rehabilitation of
12 historic or open space resources which are outstanding
13 examples of Pennsylvania's cultural heritage and which will
14 enhance community conservation and community economic
15 development.
16 (4) Acquisition and development of additional hunting,
17 fishing and boating areas and related support facilities.
18 (5) Rehabilitation and conversion of surplus schools or
19 other municipally owned or controlled buildings for use as
20 municipal multipurpose community centers to primarily house
21 indoor recreation programs and other related community
22 services.
23 (6) Renovation of existing park and recreation
24 facilities to improve accessibility to special populations.
25 (7) Completion of the development of public park and
26 recreation facilities on lands which have previously been
27 acquired for these purposes or on lands acquired through this
28 act.
29 Section 4. Definitions.
30 The following words and phrases when used in this act shall
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1 have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Community conservation." Any park or recreation project
4 which preserves or enhances the economic or cultural environment
5 in a community.
6 "Conservation purposes." Any use of land for reforestation,
7 wildlife reserves or any other uses that will maintain, improve
8 or develop the natural environment of soil, water, air, minerals
9 or wildlife of this Commonwealth so as to assure their optimum
10 use.
11 "Departments and commissions." The Department of Community
12 Affairs, the Department of Environmental Resources, the
13 Pennsylvania Fish Commission, the Pennsylvania Game Commission
14 and the Pennsylvania Historical and Museum Commission.
15 "Development." Any construction, improvement,
16 rehabilitation, utility and road relocation, alteration or
17 renovation required for and compatible with the physical
18 development or improvement of land, water or structural
19 resources.
20 "Land." Real property, including improvements thereof or
21 thereon, right-of-ways, water, riparian and other rights,
22 easements, privileges and any other physical property or rights
23 or interests of any kind or description relating to or connected
24 with real property.
25 "Municipality." Any county, city, borough, town, township,
26 or home rule municipality, or any official agency created by the
27 foregoing units of government under the laws of the
28 Commonwealth; however, any of the actions of such official
29 agency taken under the authority of this act shall be first
30 approved by the participating local governing bodies in such
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1 agency.
2 "Open space benefits." The benefits to the citizens of the
3 Commonwealth which result from the promotion or restriction of
4 the use of selected open space lands, including, but not limited
5 to, the protection and conservation of existing and planned
6 parks, recreation and conservation lands; the promotion of
7 sound, cohesive and efficient land development by providing open
8 spaces between communities; the protection and conservation of
9 natural or scenic resources, including, but not limited to,
10 streams, flood plains, steep slopes, marshes, soils and beaches;
11 and the protection and conservation of farmland, forests and
12 land, water resources and watersheds and historic, geologic and
13 botanic sites.
14 "Open space lands." Land used for purposes not inconsistent
15 with the achievement of open space benefits.
16 "Recreation purposes." Any use of land for public park, zoo,
17 fishing, hunting, boating, open space and interpretive
18 environmental education purposes or scenic sights or
19 preservation of historical significance, or for any related
20 public recreation purpose.
21 "Rehabilitation." The development of any park, recreation,
22 or structural resource where these facilities have deteriorated
23 because they have met or exceeded their useful life or other
24 reasons, which are not attributable to neglect by the
25 responsible public agency, or where such rehabilitation will
26 significantly reduce the operation and maintenance costs for
27 these facilities.
28 "Studies." The collection, analysis and presentation of
29 information, alternatives and recommendations in order that the
30 Commonwealth may provide assistance to municipalities and in
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1 order that the Commonwealth or municipalities may singly or
2 jointly determine a course of action to meet the purposes of
3 this act.
4 Section 5. Allotment of moneys.
5 (a) Allotment.--From the moneys received by the Commonwealth
6 from the issuance and sale of bonds and notes pursuant to the
7 act of February 24, 1984 (P.L.99, No.19), entitled "An act
8 authorizing the indebtedness, with the approval of the electors,
9 of $190,000,000 to promote economic redevelopment throughout
10 Pennsylvania through job producing programs; grants and loans
11 for industrial and small business development; acquisition of
12 equipment for vocational programs in secondary schools,
13 community colleges and engineering degree-granting schools;
14 agricultural development; and the acquisition, rehabilitation or
15 development of facilities for community services and public
16 recreation purposes," there are hereby appropriated as follows:
17 (1) The sum of $12,000,000, or as much thereof as may be
18 necessary, is appropriated from the Pennsylvania Economic
19 Revitalization Fund to the Department of Environmental
20 Resources for the period beginning July 1, 1984, and ending
21 June 30, 1986, for site development and material costs for
22 projects authorized and funded under the act of (P.L. ,
23 No. ), known as the Pennsylvania Conservation Corps Act. The
24 Department of Environmental Resources shall have the power to
25 promulgate such rules and regulations that are necessary to
26 effectuate the programs undertaken, including contracting
27 with persons, firms, partnerships, associations or
28 corporations as may be necessary. Municipalities sponsoring
29 projects authorized and funded under the Pennsylvania
30 Conservation Corps Act shall be eligible to receive funding
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1 under this paragraph only for those projects having
2 recreation purposes and then no more than 75% of the cost of
3 development and materials for those projects. All other
4 projects sponsored by municipalities shall be ineligible for
5 funding under this paragraph.
6 (2) The sum of $18,000,000, or as much thereof as may be
7 necessary, is appropriated from the Pennsylvania Economic
8 Revitalization Fund to the Department of Community Affairs
9 for the period beginning July 1, 1984, and ending June 30,
10 1987, for State grants-in-aid to municipalities for land
11 acquisition, rehabilitation, studies and development projects
12 for recreation and conservation purposes, community centers
13 and open space benefits. Funding shall be allocated to
14 projects in accordance with the following:
15 (i) Not less than 50% of the total allocation shall
16 be used to pay up to 50% for rehabilitation, studies and
17 development projects.
18 (ii) Not more than 25% of the total allocation shall
19 be used to pay up to 50% of the project costs for
20 acquisition of recreation, park and open space benefit
21 lands.
22 (iii) Not more than 25% of the total allocation
23 shall be used to pay up to 50% for community center
24 projects.
25 (iv) The department shall develop a small community
26 or small projects component. This program shall be for
27 the above purposes and those under section 3. This
28 component shall be for grants-in-aid for projects of up
29 to $10,000 in amount, shall be up to 100% grants-in-aid
30 and will cover only material costs, to assist those
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1 communities economically unable to participate in the
2 balance of the program as determined by the department.
3 (b) State grants-in-aid.--The manner of grants-in-aid for
4 development, rehabilitation, acquisition, community centers and
5 studies by municipalities shall be as follows:
6 (1) A request for State grants-in-aid shall be made by
7 the governing body of a municipality to the Department of
8 Community Affairs.
9 (2) The development and community center projects shall
10 be submitted to the Department of Community Affairs by the
11 municipalities in an application which contains information
12 as may be required by the Department of Community Affairs.
13 Upon approval of the project application, the municipality
14 shall execute the project according to standards and
15 provisions required or set by State laws and in accordance
16 with the contracts, bidding procedures and manner
17 established, approved or accepted by the Department of
18 Community Affairs or other designated agencies of the
19 Commonwealth and in accordance with the construction, site
20 and financial plans and specifications required, reviewed and
21 approved by the Department of Community Affairs or other
22 agencies of the Commonwealth or private consulting firm
23 retained for the purpose of project review.
24 (3) The land acquisition projects shall be submitted to
25 the Department of Community Affairs by the municipality in an
26 application which contains maps, appraisals and other
27 information as may be required by the Department of Community
28 Affairs. The lands shall be acquired by purchase agreement or
29 by eminent domain. The municipality shall have the power to
30 acquire rights in real property, which include, but are not
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1 limited to, fee simple, easements, remainder, future
2 interest, lease, license, restriction or covenant of any
3 sort, contractual interest or rights concerning the use of or
4 power to transfer property, in order to protect and preserve
5 open space benefits. The Commonwealth's share of the cost of
6 the development, land acquisition, community center and study
7 projects shall be paid by the State Treasurer on audit and
8 warrant of the Auditor General on the requisition of the
9 Secretary of the Department of Community Affairs. The
10 Department of Community Affairs shall be empowered to
11 promulgate rules and regulations, undertake studies and
12 employ personnel and consultants and provide grants to
13 political subdivisions to undertake studies as necessary in
14 order to properly administer this act and to determine the
15 recreation and park needs of municipalities and the
16 advisability of granting State aid.
17 (c) Encumbrance limitation.--The encumbrance of moneys
18 appropriated pursuant to the provision of subsection (a)(2)
19 shall not exceed 35% per annum of the total appropriation to the
20 Department of Community Affairs.
21 (d) Use of property.--Municipalities shall not dispose of
22 nor at any time convert property acquired pursuant to this act
23 to other than the purposes approved in the project applications
24 without the prior written approval of the program administrator
25 within the Department of Community Affairs. Should disposition
26 or conversion occur, the Department of Community Affairs may:
27 (1) Require the municipality to refund all grant-in-aid
28 funds for that particular project including 10% annual
29 interest compounded four times annually from the date of the
30 original grant-in-aid was received until it is repaid.
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1 (2) Acquisition of equivalent replacement land, as
2 determined by the department.
3 (e) Project funding.--For a project that conforms to the
4 Pennsylvania Conservation Corps Act, a municipality may be
5 eligible to receive funds from either the Department of
6 Environmental Resources or the Department of Community Affairs,
7 but not from both sources.
8 Section 6. Joint departmental projects.
9 The respective departments and commissions may cooperate and
10 expend funds jointly on projects where the objectives of the
11 projects can be better achieved, where economies may be obtained
12 by the cooperation and joint action or in other instances where
13 joint action is determined to be in the public interest.
14 Section 7. Federal programs.
15 The department and commissions set forth in this act may
16 utilize any available Federal programs to augment the funds made
17 available to the department or commission under the provisions
18 of this act.
19 Section 8. Effective date.
20 This act shall take effect July 1, 1984, or immediately,
21 whichever is later.
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