PRINTER'S NO. 1780
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1320
Session of
2015
INTRODUCED BY THOMAS, KINSEY, ACOSTA, SCHREIBER, SCHWEYER,
McNEILL, V. BROWN AND LONGIETTI, JUNE 10, 2015
REFERRED TO COMMITTEE ON URBAN AFFAIRS, JUNE 10, 2015
AN ACT
Amending the act of December 3, 1959 (P.L.1688, No.621),
entitled, as amended, "An act to promote the health, safety
and welfare of the people of the Commonwealth by broadening
the market for housing for persons and families of low and
moderate income and alleviating shortages thereof, and by
assisting in the provision of housing for elderly persons
through the creation of the Pennsylvania Housing Finance
Agency as a public corporation and government
instrumentality; providing for the organization, membership
and administration of the agency, prescribing its general
powers and duties and the manner in which its funds are kept
and audited, empowering the agency to make housing loans to
qualified mortgagors upon the security of insured and
uninsured mortgages, defining qualified mortgagors and
providing for priorities among tenants in certain instances,
prescribing interest rates and other terms of housing loans,
permitting the agency to acquire real or personal property,
permitting the agency to make agreements with financial
institutions and Federal agencies, providing for the purchase
by persons of low and moderate income of housing units, and
approving the sale of housing units, permitting the agency to
sell housing loans, providing for the promulgation of
regulations and forms by the agency, prescribing penalties
for furnishing false information, empowering the agency to
borrow money upon its own credit by the issuance and sale of
bonds and notes and by giving security therefor, permitting
the refunding, redemption and purchase of such obligations by
the agency, prescribing remedies of holders of such bonds and
notes, exempting bonds and notes of the agency, the income
therefrom, and the income and revenues of the agency from
taxation, except transfer, death and gift taxes; making such
bonds and notes legal investments for certain purposes; and
indicating how the act shall become effective," in Mixed-use
Development Program, providing for program and for agency
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guidelines; imposing duties on the Pennsylvania Housing
Finance Agency; establishing the Mixed-use Development Fund;
and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 3, 1959 (P.L.1688, No.621),
known as the Housing Finance Agency Law, is amended by adding an
article to read:
ARTICLE IV-E
MIXED-USE DEVELOPMENT PROGRAM
Section 401-E. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Fund." The Mixed-use Development Fund established under
section 406-E.
"Program." The Mixed-use Development Program established
under section 402-E.
"Program funds." Includes:
(1) funds appropriated by the General Assembly for the
Mixed-use Development Program established under this article;
(2) the allocations distributed to and grants received
by the agency from the Commonwealth; and
(3) the funds from the Commonwealth and funds from
sources other than the Commonwealth that are provided for the
Mixed-use Development Program established under this article.
Section 402-E. Establishment.
The Mixed-use Development Program is established. The program
shall be administered by the agency, and shall be dependent on
the availability of program funds.
Section 403-E. Program.
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(a) Project types.--The program may provide funding for the
following:
(1) projects to encourage the development, redevelopment
or rehabilitation of communities, neighborhoods and business
centers;
(2) projects to preserve and restore historical or
culturally significant communities, neighborhoods and
business centers;
(3) projects to increase the availability of quality
residential, commercial or mixed-use properties for sale or
for rent in communities, neighborhoods and business centers;
or
(4) projects being designed to address community
revitalization goals or activities sponsored through other
State or local economic development plans.
(b) Use of funds.--Money for projects under subsection (a)
may be used for the following:
(1) predevelopment activities, including title searches,
market studies, project planning, architectural services,
legal and engineering studies and related fees;
(2) acquisition and disposition of real or personal
property;
(3) site preparation, including demolition of existing
structures and remediation of environmental conditions; or
(4) construction, reconstruction, alteration and repair
of existing structures, improvements and infrastructure.
(c) Other funds.--The agency may adopt guidelines for
leveraging other resources available from Federal, State, local,
public and private sources. Program funds may be used to
support, expand and enhance other programs administered by the
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Commonwealth or agency.
(d) Preferences.--The agency may adopt written policies to
give preference to projects that:
(1) meet specific goals, such as energy efficiency,
green building standards and comprehensive design strategies;
or
(2) target other identified needs or goals.
(e) Requirement.--The agency shall take into consideration
geographical distribution of program funds appropriated by the
General Assembly to the program to ensure that all areas of this
Commonwealth participate to the greatest extent possible.
Section 404-E. Agency guidelines.
(a) Written guidelines.--Within 180 days of the availability
of program funds to the agency, the agency shall adopt written
guidelines establishing the agency's priorities for the program
and setting forth the method for application for and
distribution of program funds.
(b) Publication.--The proposed written guidelines, including
a comment response document, shall be published as statements of
policy in the Pennsylvania Bulletin and published on the
agency's publicly accessible Internet website for public comment
no later than 45 days prior to adoption. The comments submitted
to the agency in writing shall be public records and shall be
incorporated into the comment response document.
Section 405-E. Reporting.
(a) Deadlines and contents.--Within 90 days following the
close of the first calendar year after the effective date of
this article and by July 1 of every year thereafter, the agency
shall issue a report containing:
(1) a financial statement;
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(2) an itemized list of applicants;
(3) an itemized list of projects funded; and
(4) a description of other expenditures in the preceding
calendar year.
(b) Submission and publication.--The report shall be
submitted to the Governor, the Auditor General and the chairman
and minority chairman of the Urban Affairs and Housing Committee
of the Senate and the chairman and minority chairman of the
Commerce Committee of the House of Representatives and published
on the agency's publicly accessible Internet website.
(c) Public record.--The report shall be a public record.
Section 406-E. Mixed-use Development Fund.
(a) Establishment.--The Mixed-use Development Fund is hereby
established.
(b) Interest and other earnings.--Interest and other
earnings in the fund shall remain in the fund.
(c) Deposit requirement.--The program funds allocated,
appropriated, granted, donated or otherwise provided to the
program shall be deposited in the fund.
(d) Continuing appropriation.--Program funds in the fund and
the interest accruing on the fund are hereby appropriated to the
agency on a continuing basis to carry out the provisions of this
article.
Section 407-E. Funding.
Implementation of this article shall be contingent upon
sufficient program funds being deposited in the fund in
accordance with section 406-E to carry out the purposes of this
article. In a year in which the General Assembly fails to
appropriate funds or in which there are insufficient program
funds deposited into the fund for the purposes outlined in this
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article, the program shall cease operation until sufficient
funds are appropriated by the General Assembly or provided by
another source.
Section 2. This act shall take effect in 90 days.
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