PRINTER'S NO. 2866
No. 2099 Session of 1986
INTRODUCED BY BOWLEY, MANDERINO, IRVIS, PIEVSKY, ITKIN,
DOMBROWSKI, D. R. WRIGHT, SEVENTY, PETRONE, GRUITZA, LLOYD,
CAWLEY, VEON, COWELL, STABACK, BELFANTI, CALTAGIRONE, TRELLO,
PETRARCA, VAN HORNE, COLE, DeLUCA, FREEMAN, GRUPPO, STEWART,
CAPPABIANCA, KASUNIC, TELEK, MRKONIC, WAMBACH, GEORGE,
LINTON, LUCYK, LESCOVITZ, McCALL, DUFFY, MICHLOVIC, WOZNIAK,
MORRIS, BATTISTO, COLAFELLA, PRESTON, STEIGHNER, GALLAGHER,
DAWIDA, HERMAN AND COY, FEBRUARY 5, 1986
REFERRED TO COMMITTEE ON APPROPRIATIONS, FEBRUARY 5, 1986
AN ACT
1 Amending the act of July 2, 1984 (P.L.527, No.106), entitled "An
2 act providing for the rehabilitation, development and
3 acquisition of land, water and structural resources; defining
4 the powers and duties of certain offices, agencies and
5 municipalities; providing for the allotment of proceeds
6 hereunder including Commonwealth grants; prescribing
7 standards; and making appropriations," increasing the amount,
8 duration and obligations of the appropriation to the
9 Department of Environmental Resources; and further providing
10 for small municipalities.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 4(a) of the act of July 2, 1984 (P.L.527,
14 No.106), known as the Recreational Improvement and
15 Rehabilitation Act, is amended to read:
16 Section 4. Appropriation of moneys.
17 (a) Appropriation.--From the moneys received by the
18 Commonwealth from the issuance and sale of bonds and notes
19 pursuant to the act of July 2, 1984 (P.L.512, No.104), known as
1 the Pennsylvania Economic Revitalization Act, there are hereby
2 appropriated as follows:
3 (1) The sum of [$12,000,000] $20,780,000, or as much
4 thereof as may be necessary, is appropriated from the
5 Pennsylvania Economic Revitalization Fund to the Department
6 of Environmental Resources for the period beginning July 1,
7 1984, and ending June 30, [1986] 1988, for site development
8 and material costs for projects authorized and funded under
9 the act of July 2, 1984 (P.L.561, No.112), known as the
10 Pennsylvania Conservation Corps Act. The Secretary of
11 Environmental Resources shall have the power to promulgate
12 such statements of policy, guidelines, rules and regulations
13 as may be necessary to effectuate the programs undertaken,
14 including contracting with persons, firms, partnerships,
15 associations or corporations as may be necessary. The
16 Department of Environmental Resources shall establish
17 procedures for the application and distribution of funds
18 pursuant to this section. Municipalities sponsoring projects
19 authorized and funded under the Pennsylvania Conservation
20 Corps Act shall be eligible to receive funding under this
21 paragraph only for those projects having recreation purposes
22 and then no more than 75% of the cost of development and
23 materials for those projects. All other projects sponsored by
24 municipalities shall be ineligible for funding under this
25 paragraph.
26 (2) The sum of $18,000,000, or as much thereof as may be
27 necessary, is appropriated from the Pennsylvania Economic
28 Revitalization Fund to the Department of Community Affairs
29 for the period beginning July 1, 1984, and ending June 30,
30 1987, for State grants-in-aid to municipalities for land
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1 acquisition, rehabilitation, studies and development projects
2 for recreation and conservation purposes, community centers
3 and open space benefits as specified in section 3. The
4 appropriated funds shall be expended equally over the three-
5 year funding period. Funding shall be allocated to projects
6 in accordance with the following:
7 (i) Not less than 50% of the total allocation shall
8 be used to pay up to 50% for rehabilitation, studies and
9 development projects.
10 (ii) Not more than 25% of the total allocation shall
11 be used to pay up to 50% of the project costs for
12 acquisition of recreation, park and open space benefit
13 lands.
14 (iii) Not more than 25% of the total allocation
15 shall be used to pay up to 50% for community center
16 projects.
17 (iv) The department shall develop a small community
18 or small projects component. This program shall be for
19 the above purposes and those under section 3. This
20 component shall be for grants-in-aid for projects of up
21 to $10,000 in amount, shall be up to 100% grants-in-aid
22 and will cover only material costs, to assist those
23 municipalities with a population of 4,000 or less
24 residents unable to meet the matching requirements
25 specified in this section.
26 (v) No municipality shall be eligible to receive
27 more than $200,000 in grants-in-aid in any fiscal year.
28 * * *
29 Section 2. Section 5 of the act is amended by adding a
30 subsection to read:
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1 Section 5. Guidelines and regulations.
2 * * *
3 (d) Additional one-year exemption.--Notwithstanding the
4 provisions of subsection (a), in order to facilitate the speedy
5 implementation of the program under section 4(a)(1) and in
6 conformity with the provisions of section 11 of the act of July
7 2, 1984 (P.L.561, No.112), known as the Pennsylvania
8 Conservation Corps Act, the Department of Environmental
9 Resources shall have the power and authority to promulgate,
10 adopt and use guidelines which shall be published in the
11 Pennsylvania Bulletin. The guidelines shall not be subject to
12 review pursuant to section 205 of the act of July 31, 1968
13 (P.L.769, No.240), referred to as the Commonwealth Documents
14 Law, sections 204(b) and 301(10) of the act of October 15, 1980
15 (P.L.950, No.164), known as the Commonwealth Attorneys Act, or
16 the act of June 25, 1982 (P.L.633, No.181), known as the
17 Regulatory Review Act, and, except as provided in subsection
18 (c), shall be effective for a period not to exceed one year from
19 July 2, 1986.
20 Section 3. Section 9 of the act is amended to read:
21 Section 9. Termination.
22 No funds under this act shall be [encumbered by the
23 Department of Environmental Resources after June 30, 1986, or]
24 awarded as grants-in-aid by the Department of Community Affairs
25 after June 30, 1987. [Funds not expended by the Department of
26 Environmental Resources by June 30, 1986, shall be
27 reappropriated by the General Assembly for eligible recreation
28 purposes under the provisions of this act.] All funds
29 appropriated under section 4 to the Department of Environmental
30 Resources shall be encumbered by June 30, 1987, and shall be
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1 expended by June 30, 1988.
2 Section 4. This act shall take effect immediately.
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