PRINTER'S NO. 306
No. 304 Session of 1977
INTRODUCED BY SCANLON AND DOUGHERTY, FEBRUARY 8, 1977
REFERRED TO URBAN AFFAIRS AND HOUSING, FEBRUARY 8, 1977
AN ACT
1 Amending the act of December 10, 1974 (P.L.865, No.292),
2 entitled "An act authorizing municipalities to expend Federal
3 general revenue sharing or general funds for social service
4 programs for the poor, the disabled and the aging, and to
5 jointly cooperate in the sponsorship, establishment,
6 administration, maintenance and operation of such programs,"
7 providing for extending the scope of expenditures and area of
8 cooperation and further defining "community development
9 programs."
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The title, act of December 10, 1974 (P.L.865,
13 No.292), entitled "An act authorizing municipalities to expend
14 Federal general revenue sharing or general funds for social
15 service programs for the poor, the disabled and the aging, and
16 to jointly cooperate in the sponsorship, establishment,
17 administration, maintenance and operation of such programs," is
18 amended to read:
19 AN ACT
20 Authorizing municipalities to expend Federal general revenue
21 sharing, Federal Community Development Block Grant or general
22 funds for social service programs for the poor, the disabled
1 and the aging, for sites of established historical, 2 architectural or esthetical value, and for community 3 development programs and to jointly cooperate in the 4 sponsorship, establishment, administration, maintenance and 5 operation of such programs. 6 Section 2. Sections 1 and 3, and the definition of 7 "Community development programs" in section 4, amended or added 8 December 3, 1975 (P.L.478, No.141), are amended to read: 9 Section 1. Every municipality may, by passage of an 10 ordinance by its governing body, in any year expend itself or in 11 cooperation with any authority established under the act of May 12 2, 1945 (P.L.382, No.164), known as the "Municipality 13 Authorities Act of 1945," or, the act of May 24, 1945 (P.L.991, 14 No.385), known as the "Urban Redevelopment Law," all or part of 15 any moneys received as payment to local governments pursuant to 16 Title I of Public Law 92-512, the "State and Local Fiscal 17 Assistance Act of 1972," or pursuant to Title I of Public Law 18 93-383, the "Housing and Community Development Act of 1974," or 19 its general municipal funds for social service programs for the 20 poor, the disabled and the aging, for community development 21 programs which will benefit low to middle income families or aid 22 in the prevention or elimination of slums and blight, and for 23 sites of established historical, architectural or esthetical 24 value, provided such programs do not duplicate although they may 25 expand programs of the Commonwealth or of the United States 26 Government. Nothing contained herein shall prohibit the use of 27 the funds in the matching of local funds with State or Federal 28 funds in so far as permitted by law or regulation. Unless 29 contrary to Federal statutes and regulations, no person shall be 30 denied participation in, or the benefits of social service 19770S0304B0306 - 2 -
1 programs so funded because said person is not a public 2 assistance recipient. 3 Section 3. Municipalities which provide or jointly cooperate 4 in the sponsorship, establishment, administration, maintenance 5 and operation of social service programs to the poor, the 6 disabled and the aging and for sites of established historical, 7 or esthetical value pursuant to the act of July 12, 1972 8 (P.L.762, No.180), entitled "An act relating to 9 intergovernmental cooperation," may expend or use all or part of 10 any moneys received as payment to local governments pursuant to 11 Title I of Public Law 92-512, the "State and Local Fiscal 12 Assistance Act of 1972," for such purposes or pursuant to Title 13 I of Public Law 93-383, the "Housing and Community Development 14 Act of 1974." 15 Section 4. As used in this act: 16 ["Community development programs" means any service provided 17 on either a single or multi-single or multi-municipal level 18 which would address the following recognized social, economic 19 and environmental needs of cities, towns and smaller urban 20 communities; the elimination of slums and blight; the 21 elimination of conditions which are detrimental to health, 22 safety and public welfare; the conservation and expansion of 23 housing; the expansion and improvement of the quantity and 24 quality of community services; a more rational utilization of 25 land and other natural resources and the better arrangement of 26 residential, commercial, industrial, recreational, and other 27 needed activity centers; the reduction of the isolation of 28 income groups within communities and geographical areas and the 29 promotion of an increase in the diversity and vitality of 30 neighborhoods through the spatial deconcentration of housing 19770S0304B0306 - 3 -
1 opportunities for persons of lower income and the revitalization 2 of deteriorating or deteriorated neighborhoods to attract 3 persons of higher income; and the restoration and preservation 4 of properties of special value for historic, architectural, or 5 esthetic reasons. Home Rule municipalities may define the term 6 "community development programs" within their powers under a 7 Home Rule Charter.] 8 "Community development programs" shall mean any program, 9 service or activity which is eligible to receive Federal 10 financial assistance pursuant to Title I of Public Law 93-383, 11 the "Housing and Community Development Act of 1974" or eligible 12 to receive Commonwealth of Pennsylvania financial assistance 13 pursuant to the act of May 20, 1949 (P.L.1633, No.493), known as 14 the "Housing and Redevelopment Assistance Law," including, 15 without being limited thereto, the following programs: 16 (1) the acquisition of real property (including air rights, 17 water rights, and other interests therein) which is (i) 18 blighted, deteriorated, deteriorating, undeveloped, or 19 inappropriately developed from the standpoint of sound community 20 development and growth; (ii) appropriate for rehabilitation or 21 conservation activities; (iii) appropriate for the preservation 22 or restoration of historic sites, the beautification of urban 23 land, the conservation of open spaces, natural resources, and 24 scenic areas, the provision of recreational opportunities, or 25 the guidance of urban development; (iv) to be used for the 26 provision of public works, facilities, and improvements eligible 27 for assistance under this act; or (v) to be used for other 28 public purposes; 29 (2) the acquisition, construction, reconstruction, or 30 installation of public works, facilities, and site or other 19770S0304B0306 - 4 -
1 improvements - including neighborhood facilities, senior 2 centers, historic properties, utilities, streets, street lights, 3 water and sewer facilities, foundations and platforms for air 4 rights sites, pedestrian malls and walkways, and parks, 5 playgrounds, and recreation facilities, flood and drainage 6 facilities, and parking facilities, solid waste disposal 7 facilities, and fire protection services and facilities; 8 (3) code enforcement in deteriorated or deteriorating areas; 9 (4) clearance, demolition, removal, and rehabilitation of 10 buildings and improvements (including interim assistance and 11 financing rehabilitation of privately owned properties. 12 Financial assistance for interim assistance or for the 13 rehabilitation of privately owned properties may take the form 14 of grants, loans or any combination thereof and under such terms 15 and conditions as prescribed in the ordinances establishing the 16 program. Each municipality in its own name or the name of any 17 authority with which it enters a cooperation agreement pursuant 18 to section 1 or in the joint names of any municipalities with 19 which there is joint cooperation pursuant to section 2, may make 20 loans grants, guarantees, discount, subsidize or otherwise aid 21 in the financing of the interim assistance or rehabilitation 22 work to be accomplished, and may take back as security notes, 23 mortgages or any other evidence of indebtedness which is deemed 24 appropriate. A municipality or an authority shall have the full 25 power to enforce in a court of law any rights granted to it by a 26 property owner, including the right of foreclosure; 27 (5) special projects directed to the removal of material and 28 architectural barriers which restrict the mobility and 29 accessibility of elderly and handicapped persons; 30 (6) payments to housing owners for losses of rental income 19770S0304B0306 - 5 -
1 incurred in holding for temporary periods housing units to be 2 utilized for the relocation of individuals and families 3 displaced by program activities under this act; 4 (7) disposition (through sale, lease, donation, or 5 otherwise) of any real property acquired pursuant to this act or 6 its retention for public purposes. Such disposition may be 7 negotiated providing a resolution is adopted by the municipality 8 and makes a finding that the disposition of such real property 9 through negotiations is in the best interest of the community 10 development program; 11 (8) provision of public services not otherwise available in 12 areas if such services are directed toward (i) improving the 13 community's public services and facilities, including those 14 concerned with the employment, economic development, crime 15 prevention, child care, health, drug abuse, education, welfare, 16 or recreation needs of persons residing in such areas, and (ii) 17 coordinating public and private development programs; 18 (9) payment of the non-Federal share required in connection 19 with a Federal grant-in-aid program undertaken as part of the 20 community development program; 21 (10) payment of the cost of completing a project funded 22 under the act of May 20, 1949 (P.L.1633, No.493), known as the 23 "Housing and Redevelopment Assistance Law." 24 (11) relocation payments and assistance for individuals, 25 families, businesses, organizations, and farm operations 26 displaced by activities assisted under this act; 27 (12) activities necessary (i) to develop a comprehensive 28 community development plan, and (ii) to develop a policy- 29 planning-management capacity; and 30 (13) payment of reasonable administrative costs and carrying 19770S0304B0306 - 6 -
1 charges related to the planning and execution of community 2 development and housing activities, including the provision of 3 information and resources to residents of areas in which 4 community development and housing activities are to be 5 concentrated with respect to the planning and execution of such 6 activities. 7 * * * 8 Section 3. This act shall take effect in 60 days. A6L13JLW/19770S0304B0306 - 7 -