THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY R. TAYLOR, WATSON, BRENNAN, EACHUS, HALUSKA, HARPER, HORNAMAN, KORTZ, MARKOSEK, MELIO, MURPHY, MURT, M. O'BRIEN, O'NEILL, PETRI, SABATINA, SWANGER, THOMAS AND WANSACZ, FEBRUARY 24, 2009

REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 24, 2009  

AN ACT

Imposing limitations on the use of property in Horsham Township,

Montgomery County, known as the Willow Grove Joint

Interagency Installation, in the event the Commonwealth

acquires the property.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Limitation on use of Willow Grove Joint Interagency

Installation.

(a)  General rule.--In the event the Commonwealth or any

instrumentality thereof owns, leases or exercises jurisdiction

and operational control of the airport at the installation to be

established on property known as the Naval Air Station Joint

Reserve Base (NASJRB) Willow Grove, in Horsham Township,

Montgomery County, the property shall be used by the

Pennsylvania National Guard, Department of Defense components,

Federal, State and local government agencies and associated

users to perform national defense, homeland security and

emergency preparedness missions. The Commonwealth may not permit

use of airfield property under its jurisdiction and operational

control at the installation for regularly scheduled commercial

passenger operations, regularly scheduled cargo operations, for

routine reliever airport operations or other nongovernmental

aviation operations not performing national defense, homeland

security and emergency preparedness missions of the

installation.

(b)  Associated users.--Without regard to the ownership of

the land, associated users of the installation shall pay local

taxes, including real property taxes, and shall comply with

local land use ordinances and regulations, including, but not

limited to, the local zoning ordinance, subdivision and land

development ordinance, local impact fees and, to the extent

required by law, the Uniform Construction Code as adopted by

Horsham Township, Montgomery County.

(c)  Restrictions on installation use and occupancy.--

(1)  The installation shall be occupied or used only by

the governmental agencies, military units and nongovernmental

associated users performing the missions of national defense,

emergency preparedness and homeland security.

(2)  The installation shall not be used for any of the

following purposes:

(i)  Commercial passenger operations.

(ii)  Commercial cargo operations.

(iii)  Commercial, business or nongovernment aircraft

operations, except for flights undertaken in response to

exigent circumstances.

(iv)  As a reliever airport or to relieve congestion

at other airports or to provide improved aviation access

to overall region, except that this subparagraph shall

not apply in exigent circumstances.

(d)  Covenant.--Documents which convey, lease or license the

installation to the Commonwealth shall include language which

provides that the restrictions on installation use set forth

under this section shall be a binding covenant and restriction

that shall run with the land for which the Commonwealth, Horsham

Township and the Hatboro Horsham School District shall be third-

party beneficiaries.

(e)  Construction.--Nothing in this section shall be

construed to diminish or alter authorized uses of the

installation, or any military enclave located thereon, by the

Federal Government or its agencies or instrumentalities or to

limit use of the property in exigent circumstances.

(f)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Associated users."  Nongovernmental organizations and

private entities performing the national defense, homeland

security or emergency preparedness missions of the installation,

which are tenants of the installation under lease, license or

other similar access or use agreements.

"Commercial cargo operations."  Aircraft operations by a

nongovernmental cargo or freight carrier in cases in which cargo

is delivered to or flown from the installation.

"Commercial passenger operations."  Aircraft passenger

operations by nongovernmental passenger carriers involving

flights where passengers are boarded or deplaned at the

installation.

"Exigent circumstances."  The following limited-duration

events:

(1)  Adverse or unusual weather conditions.

(2)  Weather alerts.

(3)  Actual or threatened emergencies that are a danger

to human health and safety.

"Installation."  The Joint Interagency Installation

established on property known as the Naval Air Station Joint

Reserve Base (NASJRB) Willow Grove.

Section 2.  Effective date.

This act shall take effect immediately.