AN ACT

 

1Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2"An act providing for and reorganizing the conduct of the
3executive and administrative work of the Commonwealth by the
4Executive Department thereof and the administrative
5departments, boards, commissions, and officers thereof,
6including the boards of trustees of State Normal Schools, or
7Teachers Colleges; abolishing, creating, reorganizing or
8authorizing the reorganization of certain administrative
9departments, boards, and commissions; defining the powers and
10duties of the Governor and other executive and administrative
11officers, and of the several administrative departments,
12boards, commissions, and officers; fixing the salaries of the
13Governor, Lieutenant Governor, and certain other executive
14and administrative officers; providing for the appointment of
15certain administrative officers, and of all deputies and
16other assistants and employes in certain departments, boards,
17and commissions; and prescribing the manner in which the
18number and compensation of the deputies and all other
19assistants and employes of certain departments, boards and
20commissions shall be determined," in powers and duties in
21general, further providing for sale of real estate and grants
22of rights-of-way or other rights over or in real estate.

23The General Assembly of the Commonwealth of Pennsylvania
24hereby enacts as follows:

25Section 1.  Section 514(a) of the act of April 9, 1929 (P.L.

26177, No.175), known as The Administrative Code of 1929, amended
27December 3, 1970 (P.L.834, No.275), is amended to read:

1Section 514.  Sale of Real Estate and Grants of Rights of Way
2or Other Rights Over or in Real Estate; Tapping Water Lines of
3Institutions and Sanatoria.--(a)  (1)  Except as otherwise in
4this act expressly provided, a department, board, or commission,
5shall not sell or exchange any real estate belonging to the
6Commonwealth, or grant any easement, right of way, or other
7interest over or in such real estate, without specific authority
8from the General Assembly so to do, [but a] provided that, prior 
9to enactment by the General Assembly of any legislation 
10authorizing the sale or exchange of real estate owned by the 
11Commonwealth, the Department of General Services shall obtain 
12two appraisals of the real property from an independent 
13appraiser that include the property's fair market lease value 
14and the property's fair market sale value, identify any known or 
15suspected environmental conditions on the property and review 
16information obtained from the proposed grantee through the 
17submission of an application form prepared by the department, 
18which contains the following information:

19(i)  the name and address of the proposed grantee;

20(ii)  if the proposed grantee is a business entity, the
21entity number, the names of each officer, partner or trustee of
22the proposed grantee, the names of each individual with an
23ownership interest in the business entity and the financial
24structure of the business entity and any affiliates,
25intermediaries, subsidiaries or holding companies; and

26(iii)  the intended use of the property by the proposed
27grantee.

28(2)  The information in the application form shall be
29affirmed by the proposed grantee, under penalty of perjury. The
30Department of General Services shall provide the Chief Clerk of

1the Senate and the Chief Clerk of the House of Representatives
2with a copy of the appraisals and the application and shall
3certify to the proposed grantee that the copies have been
4transmitted to the General Assembly.

5(3)  The deed of conveyance for the property may include a
6condition that the property shall be used only for the purposes
7enumerated in the application form or may exclude certain uses
8as recommended by the Department of General Services and as
9determined by the General Assembly.

10(4)  A department, board, or commission may, with the
11approval of the Governor, grant a license to any public service
12corporation to place upon, in, or over, any dry or submerged
13land or bridge of or maintained by the Commonwealth, any public
14service line, if such line will enable any State building or
15State institution to receive better service, or if such line is
16necessary for the service of the public and it is necessary or
17reasonably required to cross the Commonwealth's land to afford
18such service or if the running of such line over a bridge will
19be more economical than the erection of a separate bridge for
20the line. Every such license shall be revocable for reasonable
21cause upon six months' written notice by the Commonwealth, and
22also after like notice for violation of such proper terms and
23conditions as the department, board, or commission, with the
24approval of the Governor, shall prescribe when the license
25issues. Unless any such line is primarily for the benefit of a
26State building or State institution, the license shall provide
27for the payment to the Commonwealth of compensation for the use
28of its property in such amount as the department, board, or
29commission granting it shall, with the approval of the Governor,
30prescribe.

1(5)  But nothing herein contained shall authorize the
2Commonwealth to impose and collect from any municipality or
3township any compensation for a license granted to such
4municipality or township for the running of a public service
5line over any such bridge.

6(6)  This section shall be deemed the exclusive system for
7the granting of licenses, consents and permits to place public
8service lines upon, in or over any dry or submerged lands of the
9Commonwealth. In the case of submerged lands such licenses shall
10be granted only by the Department of Environmental Resources,
11and the permit shall prescribe such terms and conditions as
12shall be deemed necessary by the board to protect the interests
13of the public. In the case of dry lands, licenses shall be
14issued by the department, board or commission having the
15management of such lands.

16* * *

17Section 2.  This act shall take effect in 60 days.