AN ACT

 

1Amending the act of February 9, 1999 (P.L.1, No.1), entitled "An
2act providing for borrowing for capital facilities;
3conferring powers and duties on various administrative
4agencies and officers; making appropriations; and making
5repeals," further providing for appropriation for and
6limitation on redevelopment assistance capital projects <-and 
7for administration of redevelopment assistance capital 
8projects; and providing for lobbying.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

<-11Section 1. Section 317 of the act of February 9, 1999
12(P.L.1, No.1), known as the Capital Facilities Debt Enabling
13Act, amended October 25, 2013 (P.L.648, No.77), is amended to
14read:

<-15Section 1. Sections 317 and 318 of the act of February 9,
 

11999 (P.L.1, No.1), known as the Capital Facilities Debt 
2Enabling Act, amended October 25, 2013 (P.L.648, No.77), are 
3amended to read:

4Section 317. Appropriation for and limitation on redevelopment
5assistance capital projects.

6(a) Appropriation.--The amount necessary to pay principal of
7and interest on all obligations issued to provide funds for
8redevelopment assistance capital projects shall be appropriated
9from the General Fund and shall be transferred to the Capital
10Debt Fund upon authorization by the Governor.

11(b) Limitation on redevelopment assistance capital project 
12obligations.--The maximum amount of redevelopment assistance 
13capital projects undertaken by the Commonwealth for which 
14obligations are outstanding shall not exceed, in aggregate, 
15$3,450,000,000. Beginning July 1, 2018, and each July 1 
16thereafter until the sum of the outstanding obligations for 
17redevelopment assistance capital projects equals $2,950,000,000, 
18the sum of the maximum amount of outstanding obligations for 
19redevelopment assistance projects shall be decreased by 
20$50,000,000.

21(c) Housing units.--An amount not to exceed $50,000,000 of 
22the amount under subsection (b) may be used for the construction 
23of housing units.

<-24Section 318. Administration of redevelopment assistance capital
25projects.

26(a) Limitation.--A redevelopment assistance capital project 
27may not receive funds unless the project was itemized in a 
28capital project itemization bill or a capital budget bill, 
29enacted within ten years of the date the project was approved 
30under this section.

1(a.1) Application.--An applicant shall submit an application
2to the office consistent with the timeline established by the
3office requesting a grant for a redevelopment assistance capital
4project. The proposal must be on the form required by the office
5and must include or demonstrate all of the following:

6(1) The applicant's name and address.

7(2) The location of the project.

8(2.1) A report of each contribution to a public
9official, a candidate for public office or a political
10committee made within the prior two years by the applicant; a
11subgrantee or beneficiary, including a developer and a
12contractor; or the owner of the project. As used in this
13paragraph, the terms "contribution" and "political committee"
14have the meanings given in section 1621(b) and (h) of the act
15of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
16Election Code.

17(3) An estimate of the cost of the project, prepared by
18a qualified professional.

19(4) A statement of the amount of the project grant
20sought, including a statement as to the financial necessity
21for the project grant.

22(5) Any other information required by the office.

23(a.2) Review [and approval].--The office shall review the
24application to determine if all the requirements have been met.
25[Upon being satisfied that all requirements have been met and
26after allowing for a 30-day public comment period, the secretary
27may approve the application, and, if approved, the office shall
28notify:]

29(a.3) Submission to Commonwealth Financing Authority.--Upon
30being satisfied that all requirements have been met, the

1secretary shall submit a list of applications that have
2satisfied the application requirements to the Commonwealth
3Financing Authority for approval.

4(a.4) Approval.--After allowing for a 30-day public comment
5period, the Commonwealth Financing Authority shall review and
6may approve applications and shall submit a list of approved
7projects to the secretary who shall provide notice and
8administer the grant.

9(a.5) Office.--Upon receiving the approved applications from
10the Commonwealth Financing Authority, the office shall notify
11all of the following:

12(1) The applicant.

13(2) The President pro tempore of the Senate.

14(3) The Majority Leader of the Senate.

15(4) The Minority Leader of the Senate.

16(5) The chairman and minority chairman of the
17Appropriations Committee of the Senate.

18(6) The Speaker of the House of Representatives.

19(7) The Majority Leader of the House of Representatives.

20(8) The Minority Leader of the House of Representatives.

21(9) The chairman and minority chairman of the
22Appropriations Committee of the House of Representatives.

23(10) The State Senator and the State Representative of
24the district where the redevelopment assistance capital
25project is located.

26[(a.3)] (a.6) Acceptance and grant agreement.--Within 30
27days of receiving notification of approval under subsection
28(a.2), an applicant shall notify the office if the applicant
29accepts the grant. If the applicant notifies the office that it
30intends to accept the grant, the office shall forward to the

1applicant a grant agreement to be executed by the applicant. The
2grant agreement and any attachments thereto shall include the
3following:

4(1) The name and address of who will administer the
5grant.

6(2) A statement and proof of local funding.

7(3) An itemized statement of cost associated with the
8project.

9(4) A contract obligating the applicant to use the grant
10for the project.

11(5) A request for any other information the office may
12require.

13[(a.4)] (a.7) Execution.--The applicant shall return the
14information requested and the executed contract within the
15timelines established by the office. If the applicant fails to
16return the executed contract within the timelines established by
17the office, no contract may be executed by the office for the
18grant.

19(b) Time period.--State funding for approved redevelopment
20assistance capital projects shall be paid over not less than a
2136-month period unless the secretary authorizes a shorter
22period.

23(c) Costs.--Land acquisition is a permissible State-funded
24expenditure if the acquisition cost is supported by an appraisal
25done by a certified appraiser.

26(e) Verification.--Redevelopment assistance capital project
27cost estimates must be verified by the office or its designated
28agent before final approval is given to a project application.
29Cost estimates include total project cost, projected use for
30State and non-State funds and a year-by-year schedule of costs

1for the entire project construction phase.

2(f) Bids.--Notwithstanding any other provision of law, the
3solicitation of a minimum of three written bids for all
4contracted construction work on redevelopment assistance capital 
5projects shall be the sole requirement for the composition,
6solicitation, opening and award of bids on such projects.
7Notwithstanding the foregoing, the construction work shall be
8performed subject to the act of March 3, 1978 (P.L.6, No.3),
9known as the Steel Products Procurement Act.

10(g) Review and audit.--Redevelopment assistance capital 
11projects shall be reviewed at regular intervals by the office or
12its designated agent during the funding phase to ensure
13financial and program compliance. A final closeout audit shall
14be performed by the office or its designated agent for all
15projects.

16(h) Fee.--To pay for administrative expenses related to
17redevelopment assistance capital projects funded by Commonwealth
18general obligation bonds, the office may charge a fee against
19proceeds from bonds and notes which were sold to finance
20construction or acquisition costs of projects.

21(i) Grant administration.--In the event any applicant does
22not administer the grant, the applicant shall enter into a
23cooperation agreement with the entity administering the grant,
24which agreement shall be subject to the approval of the office.

25(j) Guidelines.--Within 60 days of the effective date of
26this subsection, the office shall establish guidelines
27concerning the administration of and approval process for
28redevelopment assistance capital projects. The guidelines shall,
29at a minimum, establish application timelines, application
30content and the review, evaluation and award criteria and

1process. The criteria shall reflect population and geographic
2distinctions of various communities throughout this
3Commonwealth. The guidelines must be posted on the Internet
4website of the office.

5(k) Disclosure.--Upon a redevelopment assistance capital
6project being approved, the office shall post on its Internet
7website the date of approval of the project, the name of the
8applicant, a short description of the project, the location of
9the project, including the municipality in which it is located,
10and the amount of the project grant approved for the project.

11Section 2. The act is amended by adding a section to read:

12Section 319. Lobbying.

13(a) Contingent fees.--A person that assists in securing
14funding for a redevelopment assistance capital project may not
15be paid on a contingent-fee basis.

16(b) Penalty.--A person that violates this section commits a 
17summary offense.

18Section 2 3. This act shall take effect immediately.<-