PRIOR PRINTER'S NOS. 594, 1260, 1788 PRINTER'S NO. 1989
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,
WILLIAMS, WRIGHT, YOUNGBLOOD, YUDICHAK, PALLONE, BISHOP AND
REICHLEY, FEBRUARY 26, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 10, 2003
AN ACT
1 Providing for a residential neighborhood enhancement program to
2 be administered by the Department of Community and Economic
3 Development.
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 "Established residential neighborhood." A defined geographic
4 area which has consisted of buildings and structures for housing
5 individuals and families in CLOSE proximity to a commercial <--
6 district and which has existed as a residential neighborhood for <--
7 40 or more years SINCE BEFORE 1961. <--
8 "Main Street Program." The program administered by the
9 Department of Community and Economic Development designed to
10 assist a community's downtown economic development effort
11 through the establishment of a local organization dedicated to
12 downtown revitalization and management of downtown
13 revitalization by hiring a full-time professional downtown
14 coordinator.
15 "Program." The Elm Street Program as established in section
16 3.
17 Section 3. Elm Street Program.
18 (a) Establishment.--There is established an Elm Street
19 Program within the department which shall assist municipalities
20 in preparing a comprehensive plan to develop and revitalize AND <--
21 IMPLEMENTING A REVITALIZATION STRATEGY FOR established
22 residential neighborhoods either in the vicinity of a Main
23 Street Program project or in CLOSE proximity to an existing <--
24 commercial district.
25 (b) Applications.--The department shall prepare application
26 forms for the grant program established in this act and award
27 grants to municipalities and other eligible entities based on
28 the requirements in subsection (c). THE DEPARTMENT SHALL REQUIRE <--
29 THAT A MAP BE FURNISHED WITH ALL APPLICATIONS CLEARLY
30 IDENTIFYING THE ESTABLISHED RESIDENTIAL NEIGHBORHOOD AND
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1 DEMONSTRATING ITS CLOSE PROXIMITY TO A COMMERCIAL DISTRICT.
2 (c) Program requirements.--The program shall:
3 (1) Provide basic grants for a maximum of five years per
4 project for administrative costs associated with the hiring
5 of a professional Elm Street Manager, who may serve as an
6 assistant to the Main Street Manager if a Main Street Program
7 exists within a municipality.
8 (2) Provide residential reinvestment grants for
9 infrastructure and structural improvements, including, but
10 not limited to, streets, street lights, trees, exteriors of
11 buildings and sidewalks or other pedestrian-oriented
12 features.
13 (3) Provide planning and development grants for:
14 (i) Marketing and promoting urban residential
15 living.
16 (ii) Leveraging additional private and public
17 investment.
18 (iii) Addressing any social and economic concerns. <--
19 (III) PROMOTING HOME OWNERSHIP AND OTHER HOUSING <--
20 OPTIONS.
21 (IV) ADDRESSING SOCIAL AND ECONOMIC CONCERNS
22 INCLUDING, BUT NOT LIMITED TO, CRIME, BLIGHT, EMPLOYMENT
23 OPPORTUNITIES AND PUBLIC SERVICES AND AMENITIES.
24 (iv) (V) Achieving consistency, whenever <--
25 appropriate, with any existing commercial and residential <--
26 revitalization efforts.
27 (4) Provide an assessment of the applying
28 municipalities' need for the following:
29 (i) The establishment of a neighborhood improvement
30 district as defined in the act of December 20, 2000
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1 (P.L.949, No.130), known as the Neighborhood Improvement
2 District Act.
3 (ii) A review of local comprehensive plans and
4 zoning and other land use ordinances to foster the
5 viability of established residential neighborhoods, with
6 a balanced mix of commercial, civic, employment and
7 residential uses, with particular attention to a
8 diversity of housing options.
9 (iii) A review of educational and recreational
10 opportunities and facilities.
11 (d) Eligibility.--Municipalities or their designated
12 agencies must meet the following criteria:
13 (1) Have a clearly defined AN ESTABLISHED residential <--
14 neighborhood in need of revitalization in CLOSE proximity to <--
15 a commercial district.
16 (2) Have expressed support by local residents, merchants
17 and government officials.
18 (3) Have ability to provide a minimum of a 10% match in
19 financial and/or in-kind support for any department grants
20 from other public or private sources based upon departmental
21 guidelines. The department may waive or reduce the matching
22 requirement if it determines such requirement would
23 constitute a hardship upon the municipality or an agency
24 designated by the municipality. A HARDSHIP EXISTS IF THE <--
25 MUNICIPALITY MEETS ONE OF THE FOLLOWING CRITERIA:
26 (1) THE MUNICIPALITY IS DECLARED AS FINANCIALLY
27 DISTRESSED UNDER THE ACT OF JULY 10, 1987 (P.L.246, NO.47),
28 KNOWN AS THE MUNICIPALITIES FINANCIAL RECOVERY ACT.
29 (2) THE MATCHING REQUIREMENTS FOR THE APPLICATION WOULD
30 EXCEED 5% OF THE MUNICIPALITY'S ANNUAL OPERATING BUDGET.
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1 (3) PART OR ALL OF THE ESTABLISHED RESIDENTIAL
2 NEIGHBORHOOD IDENTIFIED IN THE APPLICATION IS PARTICIPATING
3 IN THE PENNSYLVANIA WEED AND SEED PROGRAM AS ADMINISTERED BY
4 THE PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY.
5 (4) A MINIMUM OF 20% OF THE MUNICIPALITY'S POPULATION
6 FALLS BELOW 150% OF THE FEDERAL POVERTY LEVEL.
7 (e) Multiple projects.--The department may approve more than
8 one project within the boundaries of a municipality. Multiple
9 projects may occur simultaneously or at different periods of
10 time.
11 (F) COOPERATIVE PROJECTS.--THE DEPARTMENT MAY CONSIDER <--
12 APPLICATIONS SUBMITTED BY TWO OR MORE MUNICIPALITIES AS A SINGLE
13 APPLICATION FOR A SINGLE PROJECT AREA.
14 (G) PRIORITY PROJECTS.--THE DEPARTMENT SHALL GIVE PRIORITY
15 TO PROJECTS WITH AN ESTABLISHED RESIDENTIAL NEIGHBORHOOD THAT
16 WAS ALREADY IN EXISTENCE PRIOR TO 1951.
17 (f) (H) Limits.--The department shall establish limits on <--
18 the amount of money available to each applicant PER PROJECT AREA <--
19 so as to distribute the available funds as fairly as possible
20 throughout this Commonwealth.
21 Section 4. Limitations.
22 (A) PROGRAM LIMITS.--In no case shall the aggregate amount <--
23 of grants in any fiscal year exceed the amount of the
24 appropriation to the department for the program in that fiscal
25 year. The provision of grants under this act shall in no way
26 constitute an entitlement derived from the Commonwealth or a
27 claim on any other funds of the Commonwealth.
28 (B) PROHIBITIONS.--NO FUNDS FROM THIS PROGRAM SHALL BE <--
29 EXPENDED TO DEVELOP OR CONVERT FARMLAND TO RESIDENTIAL,
30 COMMERCIAL OR INDUSTRIAL USES. FARMLAND IS ANY LAND THAT
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1 SUPPORTS, OR LAND WITH A RECENT HISTORY OF SUPPORTING, THE
2 COMMERCIAL PRODUCTION OF AGRICULTURAL CROPS, LIVESTOCK OR
3 LIVESTOCK PRODUCTS, POULTRY PRODUCTS, MILK OR DAIRY PRODUCTS,
4 FRUIT OR OTHER HORTICULTURAL PRODUCTS.
5 Section 5. Effective date.
6 This act shall take effect immediately.
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