SENATE AMENDED
PRIOR PRINTER'S NOS. 775, 2547, 2743 PRINTER'S NO. 3092
No. 728 Session of 1999
INTRODUCED BY ARGALL, FREEMAN, McILHINNEY, L. I. COHEN, FARGO,
PHILLIPS, E. Z. TAYLOR, TANGRETTI, MANDERINO, WILLIAMS,
BATTISTO, BELFANTI, BROWNE, FAIRCHILD, GEORGE, GORDNER,
HALUSKA, HARHAI, HENNESSEY, LEVDANSKY, MANN, MAYERNIK,
McCALL, PLATTS, RAMOS, READSHAW, ROSS, SAINATO, SATHER,
SCHRODER, STEELMAN, STERN, STURLA, TRELLO, VAN HORNE,
YOUNGBLOOD, ZUG, WOJNAROSKI, PIPPY, LEH, BELARDI, HUTCHINSON,
GRUCELA, DAILEY AND HERMAN, MARCH 8, 1999
SENATOR EARLL, URBAN AFFAIRS AND HOUSING, IN SENATE, AS AMENDED,
MARCH 14, 2000
AN ACT
1 Encouraging State agencies to locate facilities in a downtown
2 area; and providing for report to General Assembly.
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 Downtown
7 Location Law.
8 Section 2. Legislative findings.
9 The General Assembly finds that:
10 (1) This Commonwealth has lost over 4,000,000 acres of
11 farmland to development in the last 40 years.
12 (2) The phenomenon of urban flight and sprawl has led to
13 a decline of traditional central and neighborhood business
14 districts throughout this Commonwealth.
1 (3) The decline of these districts has a clear linkage
2 to many problems facing our communities: crime, unemployment,
3 shrinking tax bases and decaying infrastructure.
4 (4) IT IS IMPORTANT THAT PRIORITY BE GIVEN TO USING <--
5 URBAN AREAS IN GENERAL.
6 (4) (5) It is in the best interest of this Commonwealth <--
7 to facilitate the revitalization of traditional central and
8 neighborhood business districts within our communities.
9 (5) (6) Federal agencies already have established a <--
10 policy to use downtown locations.
11 Section 3. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Department." The Department of General Services of the
16 Commonwealth.
17 "Downtown area." The central business district of a city, <--
18 "DOWNTOWN AREA." EITHER OF THE FOLLOWING: <--
19 (1) THE CENTRAL BUSINESS DISTRICT OF A CITY, OTHER THAN
20 A CITY OF THE FIRST CLASS, borough, incorporated town or
21 township, or any commercial area, within a neighborhood of a
22 city, borough, incorporated town or township, in every case
23 that has served SERVES as a commercial center within that <--
24 community of this Commonwealth.
25 (2) IN CITIES OF THE FIRST CLASS, THE ENTIRE GEOGRAPHIC <--
26 AREA OF THE CITY.
27 "Satellite office facility." A subordinate location of a <--
28 State agency office that operates fewer hours each day or fewer
29 hours each week than the main State agency office, offers
30 different services than the main office or otherwise differs in
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1 its operations from the main State agency office and is
2 maintained for the convenience of patrons or otherwise to
3 improve the delivery of services by a State agency.
4 "Secretary." The Secretary of General Services of the
5 Commonwealth.
6 "State agency." An executive agency or independent agency as
7 those terms are defined in 62 Pa.C.S. § 103 (relating to
8 definitions). The term includes the Team Pennsylvania Human <--
9 Resources Investment Council and any local work force investment
10 board which works with the council.
11 Section 4. Powers and duties.
12 (a) Guidelines.--The department shall establish guidelines
13 to encourage State agencies to locate all new office facilities
14 and new satellite office facilities in downtown areas. The <--
15 guidelines shall include consideration of the following factors:
16 (1) The requirements of the agency.
17 (2) Servicing clientele needs.
18 (3) Local economic considerations.
19 (4) The availability of suitable space in a downtown
20 area.
21 (5) Competitiveness in the marketplace.
22 (6) Cost to the Commonwealth.
23 (7) SAFETY TO PERSONS USING THE OFFICE FACILITY. <--
24 (7) (8) The availability of public transportation. <--
25 (b) Leases.--Prior to a State agency entering into a lease
26 of real estate for office purposes, the State agency shall, in
27 accordance with the department guidelines, consider locating the
28 office facilities in a downtown area.
29 (c) Construction.--Whenever a State agency is planning to
30 construct a building to be used for office purposes, the State
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1 agency shall, in accordance with the department's guidelines:
2 (1) Consider the rehabilitation, reuse, or both, of
3 existing structures within a downtown area. Consideration may
4 include reasonable efforts to:
5 (i) Rehabilitate or rebuild the structure's facade,
6 if appropriate, in a way which maintains the
7 architectural integrity of the building and streetscape
8 according to the United States Secretary of the
9 Interior's standards for rehabilitation in Federal
10 regulations.
11 (ii) Ensure that the structure meets the
12 requirements of the Americans with Disabilities Act of
13 1990 (Public Law 101-336, 104 Stat. 327) in a manner
14 which respects the architectural integrity of the
15 building.
16 (2) Consider new construction on available land within a
17 downtown area. Consideration may include reasonable efforts
18 to:
19 (i) Have the scale and facade of the new structure
20 maintain the architectural integrity of the existing
21 streetscape.
22 (ii) Ensure that the structure meets the
23 requirements of the Americans with Disabilities Act of
24 1990 in a manner which respects the architectural
25 integrity of the neighboring building.
26 Section 5. Report to General Assembly.
27 (a) Report.--Four years after the effective date of this
28 act, and every year thereafter, the department shall submit a
29 report to the Urban Affairs and Housing Committee of the Senate
30 and the Urban Affairs Committee of the House of Representatives
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1 concerning the implementation and effectiveness of this act.
2 (b) Baseline.--Within 90 days after the effective date of
3 this act, the department shall prepare a list of all office
4 facilities currently owned or leased by State agencies. The list
5 shall identify those office facilities located in a downtown
6 area.
7 (c) Contents.--This report shall include, but not be limited
8 to, the following:
9 (1) The total number of office facilities currently
10 owned or leased by State agencies. The list shall identify
11 those office facilities located in a downtown area as defined
12 by this act. This list shall be compared with the total
13 number of office facilities owned or leased by State agencies
14 on the effective date of this act.
15 (2) The total number of leased and State-constructed
16 office facilities reviewed by the department during the prior
17 year and of that total:
18 (i) The number of leased and State-constructed
19 facilities which were located in downtown areas as
20 defined by this act.
21 (ii) The number of leases and State-constructed
22 office facilities that included the restoration and reuse
23 of an existing structure.
24 (iii) The number of leases and State-constructed
25 office facilities that were not located in downtown areas
26 and the reasons for not locating in a downtown area.
27 Section 6. Effective date.
28 This act shall take effect in 60 days.
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