SENATE AMENDED
PRIOR PRINTER'S NOS. 4051, 4315, 4418 PRINTER'S NO. 4848
No. 2667 Session of 2006
INTRODUCED BY J. TAYLOR, PETRONE, BELFANTI, BEYER, CALTAGIRONE,
CAPPELLI, CRAHALLA, CREIGHTON, DALLY, D. EVANS, FRANKEL,
GRUCELA, HARPER, HERSHEY, KOTIK, LEDERER, PARKER, SIPTROTH,
E. Z. TAYLOR, YOUNGBLOOD AND YUDICHAK, MAY 3, 2006
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 18, 2006
AN ACT
1 Amending the act of May 28, 1937 (P.L.955, No.265), entitled, as
2 amended, "An act to promote public health, safety, morals,
3 and welfare by declaring the necessity of creating public
4 bodies, corporate and politic, to be known as housing
5 authorities to engage in slum clearance, and to undertake
6 projects, to provide dwelling accommodations for persons of
7 low income; providing for the organization of such housing
8 authorities; defining their powers and duties; providing for
9 the exercise of such powers, including the acquisition of
10 property by purchase, gift or eminent domain, the renting and
11 selling of property, and including borrowing money, issuing
12 bonds, and other obligations, and giving security therefor;
13 prescribing the remedies of obligees of housing authorities;
14 authorizing housing authorities to enter into agreements,
15 including agreements with the United States, the
16 Commonwealth, and political subdivisions and municipalities
17 thereof; defining the application of zoning, sanitary, and
18 building laws and regulations to projects built or maintained
19 by such housing authorities; exempting the property and
20 securities of such housing authorities from taxation; and
21 imposing duties and conferring powers upon the State Planning
22 Board, and certain other State officers and departments,"
23 providing for the definition of "mixed-use projects"; further
24 providing for powers of the authority; and providing for
25 mixed-use projects.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. Section 3 of the act of May 28, 1937 (P.L.955,
1 No.265), known as the Housing Authorities Law, is amended by
2 adding a clause to read:
3 Section 3. Definitions.--The following words, terms, and
4 phrases, where used or referred to in this act, shall have the
5 meanings ascribed to them in this section, except in those
6 instances where the context clearly indicates a different
7 meaning:
8 * * *
9 (l.1) "Mixed-use Projects." Any project that includes a
10 commercial, industrial, market-rate residential or retail
11 component, and either--(1) a low-income housing component; or
12 (2) is within a two mile radius of a low-income housing project
13 owned, leased, either in the capacity of lessor or lessee, held
14 or financed by an Authority.
15 * * *
16 Section 2. Section 10 of the act is amended by adding a
17 clause to read:
18 Section 10. Powers of an Authority.--An Authority shall
19 constitute a public body, corporate and politic, exercising
20 public powers of the Commonwealth as an agency thereof, which
21 powers shall include all powers necessary or appropriate to
22 carry out and effectuate the purpose and provisions of this act,
23 including the following powers, in addition to others herein
24 granted:
25 * * *
26 (gg) To make, execute and enter into employment agreements,
27 which are necessary or convenient to the exercise of the powers
28 of the Authority, with any individual who is or will be hired to
29 work in any position that is not represented by a bargaining
30 representative under the act of July 23, 1970 (P.L.563, No.195),
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1 known as the "Public Employe Relations Act," or part of a
2 bargaining unit that has been created by an order of the
3 Pennsylvania Labor Relations Board pursuant to the "Public
4 Employe Relations Act." Such employment agreements must be in
5 writing and must be approved by the Authority and may not be
6 renewed except by the affirmative approval of the Authority. No
7 such employment agreement nor any term thereof shall be
8 enforceable or amended or renewed unless such agreement or
9 amendment is in writing and approved by the Authority as stated
10 above. Any employment agreement created or approved pursuant to
11 this subsection may--(1) identify the specific terms and
12 conditions of the individual's employment; (2) confer a specific
13 term of tenure in employment which may be for a specific period
14 of time not to exceed five years; (3) otherwise limit or state
15 the power of the Authority to summarily dismiss such employe and
16 the circumstances under which such dismissal shall be exercised;
17 or (4) any combination of subclauses (1) through (3) above;
18 however, any employment agreement created or approved pursuant
19 to this clause which confers a specific term or tenure of
20 employment under subclause (2) above, it must also enumerate the
21 circumstances under which the Authority may terminate the
22 employment agreement for cause, including the lack of funding,
23 prior to the expiration of the expressed term or agreement. If
24 such agreement does not contain the items stated in subclause
25 (2) or (3), the employe may be summarily dismissed by the
26 Authority, and the agreement terminated at any time. Under no
27 circumstances shall the mayor or any individual employe,
28 official agent, attorney or member of the Authority be
29 personally liable for any provision contained in any such
30 employment agreement. Any employment agreement into which the
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1 Authority enters pursuant to this provision shall not be subject
2 to the provisions of section 11 or to the contract procurement
3 provisions, rules or regulations to which the Authority is
4 otherwise subjected.
5 Section 3. The act is amended by adding a section to read:
6 Section 10.1. Undertakings Constituting Mixed-use
7 Projects.--Without limiting the powers set forth in section 10,
8 an Authority shall have the power to do all acts that are
9 necessary, convenient or useful to the development or operation
10 of one or more mixed-use projects, including, with the approval
11 of the municipality in which the Authority lies, the power to
12 plan, design, locate, acquire through purchase, the exercise of
13 powers under 26 Pa.C.S. (relating to eminent domain) or
14 otherwise, hold, construct, finance, improve, maintain, operate,
15 own, lease, either in the capacity of lessor or lessee, land,
16 buildings, other structures and personal property necessary,
17 convenient or useful to the development or operation of a mixed-
18 use project. An Authority shall have the power to finance mixed-
19 use projects by borrowing money, making and issuing bonds,
20 governmental and private activity, or other obligations, and
21 making loans which may be evidenced by and secured as may be
22 provided in loan agreements, mortgages, security agreements or
23 any other contracts, instruments or agreements, which may
24 contain such provisions as the Authority shall deem necessary,
25 convenient or useful for the security or protection of the
26 Authority or its bondholders except that, in no instance may
27 money designated for use on the housing component of a mixed-use
28 project be utilized in a manner inconsistent with its purpose.
29 Any Authority under this section may pledge, mortgage,
30 hypothecate or otherwise encumber all or any part of its
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1 property, real or personal, constituting all or part of a mixed-
2 use project, including, but not limited to, the revenues or
3 receipts of the Authority from one or more mixed-use projects,
4 for all or any of the obligations, including bonds, of the
5 Authority incurred in connection with the development or
6 operation of a mixed-use project. NOTHING IN THIS SECTION SHALL <--
7 BE CONSTRUED TO EXPAND THE EMINENT DOMAIN POWER OF AN AUTHORITY
8 BEYOND THAT PERMITTED UNDER 26 PA.C.S.
9 Section 4. This act shall take effect in 60 days.
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