PRINTER'S NO. 4459
No. 2800 Session of 2008
INTRODUCED BY MURT, GODSHALL, QUIGLEY, MOYER, MENSCH, HARPER AND
KENNEY, SEPTEMBER 29, 2008
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 29, 2008
AN ACT
1 Authorizing the acquisition of the Horsham Joint Interagency
2 Installation.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Horsham Joint
7 Interagency Installation Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Associated users." Nongovernmental organizations and
13 private entities performing the national defense, homeland
14 security or emergency preparedness missions of the installation,
15 which are tenants of the installation under lease, license or
16 other similar access or use agreements.
17 "Commercial cargo operations." Aircraft operations by a
18 nongovernmental cargo or freight carrier in cases in which cargo
1 is delivered to or flown from the installation.
2 "Commercial passenger operations." Aircraft passenger
3 operations by nongovernmental passenger carriers involving
4 flights where passengers are boarded or deplaned at the
5 installation.
6 "Exigent circumstances." The following limited-duration
7 events:
8 (1) Adverse or unusual weather conditions.
9 (2) Alerts.
10 (3) Actual or threatened emergencies that are a danger
11 to human health and safety.
12 "Installation." The Horsham Joint Interagency Installation
13 referred to in section 3.
14 Section 3. Authorization.
15 The Commonwealth is authorized to acquire from the United
16 States, by conveyance, lease, license or other means, all
17 available lands, easements, Air Installation Compatible Use
18 Zones and facilities at NASJRB Willow Grove and Willow Grove Air
19 Reserve Station for operation as a joint interagency
20 installation for use by the Pennsylvania National Guard and
21 other Department of Defense components, Federal, State and local
22 government agencies, and associated users to perform national
23 defense, homeland security and emergency preparedness missions.
24 The property so acquired shall be known as the Horsham Joint
25 Interagency Installation.
26 Section 4. Associated users.
27 Without regard to the ownership of the land, associated users
28 of the installation shall pay local taxes, including real
29 property taxes, and shall comply with local land use ordinances
30 and regulations, including, but not limited to, the local zoning
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1 ordinance, subdivision and land development ordinance, local
2 impact fees and, to the extent required by law, the Uniform
3 Construction code as adopted by Horsham Township.
4 Section 5. Restrictions on installation use and occupancy.
5 The installation shall be occupied or used only by
6 governmental agencies, military units and nongovernmental
7 associated users performing the missions of national defense,
8 emergency preparedness and homeland security. The installation
9 shall not be used for any of the following purposes:
10 (1) Commercial passenger operations.
11 (2) Commercial cargo operations.
12 (3) Commercial, business or nongovernment aircraft
13 operations, except for flights undertaken in response to
14 exigent circumstances.
15 (4) As a reliever airport or to relieve congestion at
16 other airports or to provide improved aviation access to the
17 overall region, except that this paragraph shall not apply in
18 exigent circumstances.
19 Section 6. Limitation on statutory construction.
20 (a) Other uses.--Nothing in this section shall be construed
21 to diminish or alter authorized uses of the installation,
22 including any military enclave located thereon, by the United
23 States, its agencies or instrumentalities or to limit use of the
24 property in exigent circumstances.
25 (b) Binding covenant.--Documents which convey, lease or
26 license the installation to the Commonwealth shall include
27 language which provides that the restrictions on installation
28 use set forth in section 5 shall be a binding covenant and
29 restriction that shall run with the land for which the
30 Commonwealth of Pennsylvania, Horsham Township and the Hatboro
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1 Horsham School District shall be third-party beneficiaries.
2 Section 7. Effective date.
3 This act shall take effect in 60 days.
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