PRINTER'S NO. 306

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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
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     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
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     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
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     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.















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