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CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 1385, 1842
PRINTER'S NO. 1853
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1294
Session of
2021
INTRODUCED BY MASSER, MATZIE, HILL-EVANS, RIGBY, JAMES, MERSKI,
SCHLOSSBERG, WHEELAND AND SAINATO, APRIL 27, 2021
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 16, 2021
AN ACT
Amending the act of July 10, 1987 (P.L.246, No.47), entitled "An
act empowering the Department of Community and Economic
Development to assist municipalities in avoiding financial
distress; declare certain municipalities as financially
distressed; providing for the restructuring of debt of
financially distressed municipalities; limiting the ability
of financially distressed municipalities to obtain government
funding; authorizing municipalities to participate in Federal
debt adjustment actions and bankruptcy actions under certain
circumstances; authorizing certain taxes; and providing for
the disincorporation of municipalities and the establishment
of unincorporated service districts," in municipal financial
distress, FURTHER PROVIDING FOR CONTENTS OF PLAN AND
providing for municipal assistance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 2 of the act of July 10, 1987 (P.L.246,
No.47), known as the Municipalities Financial Recovery Act, is
amended by adding a subchapter to read:
SECTION 1. SECTION 241(10) OF THE ACT OF JULY 10, 1987
(P.L.246, NO.47), KNOWN AS THE MUNICIPALITIES FINANCIAL RECOVERY
ACT, IS AMENDED TO READ:
SECTION 241. CONTENTS.
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A PLAN FORMULATED BY THE APPOINTED COORDINATOR SHALL BE
CONSISTENT WITH APPLICABLE LAW AND SHALL INCLUDE ANY OF THE
FOLLOWING FACTORS WHICH ARE RELEVANT TO ALLEVIATING THE
FINANCIALLY DISTRESSED STATUS OF THE MUNICIPALITY:
* * *
(10) RECOMMENDATIONS FOR GREATER USE OF COMMONWEALTH
ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS, INCLUDING
WHETHER ADDITIONAL POSITIONS FOR PERSONNEL OR PROGRAMS AS
PROVIDED IN SUBCHAPTER F ARE APPROPRIATE FOR THE
MUNICIPALITY.
* * *
SECTION 2. CHAPTER 2 OF THE ACT IS AMENDED BY ADDING A
SUBCHAPTER TO READ:
SUBCHAPTER F
MUNICIPAL ASSISTANCE
Section 291. Municipal redevelopment assistance.
The coordinator appointed for a municipality shall, as part
of the plan under Subchapter C, provide for the hiring of an
additional code enforcement officer for the municipality and for
the hiring of either a Main Street Program coordinator or Elm
Street Program coordinator. The positions shall be funded by the
department in accordance with section 295. ADOPTED BY THE
MUNICIPAL GOVERNING BODY UNDER SUBCHAPTER C OR DEEMED TO BE
BENEFICIAL TO ACHIEVING THE OBJECTIVES OF THE PLAN, PROVIDE FOR,
IF THE MUNICIPALITY HAS NO CODE ENFORCEMENT OFFICER, THE HIRING
OF A CODE ENFORCEMENT OFFICER, OR, IF THE MUNICIPALITY HAS AT
LEAST ONE CODE ENFORCEMENT OFFICER, THE HIRING OF AN ADDITIONAL
CODE ENFORCEMENT OFFICER, A MAIN STREET PROGRAM MANAGER OR AN
ELM STREET PROGRAM MANAGER, OR ANY COMBINATION OF SUCH
POSITIONS. THE POSITIONS SHALL BE FUNDED BY THE DEPARTMENT IN
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ACCORDANCE WITH SECTION 295.
Section 292. Code enforcement officer.
The code enforcement officer hired under this subchapter
shall assist the municipality in processing building and zoning
applications and give priority to approving applications that
will curb blight and promote economic development.
Section 293. Prohibition.
A code enforcement officer hired under this subchapter must
be an individual, not a third-party agency . , WITH RELEVANT
EXPERIENCE OR TRAINING IN THE ENFORCEMENT OF MUNICIPAL PROPERTY
MAINTENANCE ORDINANCES.
Section 294. Main Street Program and Elm Street Program
MANAGERS .
The coordinator shall hire the A Main Street Program
coordinator or MANAGER AND Elm Street Program coordinator
MANAGER according to the guidelines for the Keystone Communities
Program to assist the coordinator and the municipality in
revitalization efforts within the community.
Section 295. Funding.
The department shall reimburse the municipality for which a
coordinator has been appointed for the salaries of the
additional ANY code enforcement officer and the , Main Street
Program coordinator or MANAGER AND Elm Street Program
Coordinator MANAGER at the following rates for eight years:
(1) Years one and two - 100%
(2) Years three through five - 80%
(3) Years six through eight - 50%
Section 296. Notice of funding.
Upon the initial appropriation of sufficient funds to carry
out the provisions of this act or a determination by the
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department that sufficient funds are available from within the
Municipalities Financial Recovery Revolving Aid Fund or another
existing source to carry out the provisions of this subchapter,
the department shall transmit notice to the Legislative
Reference Bureau for publication in the Pennsylvania Bulletin.
Section 297. Municipalities exiting distressed level.
If the secretary terminates the distressed status of a
municipality before eight years have elapsed since the adoption
of the exit plan, the municipality shall continue to receive
funding in accordance with section 295, until the eight years
have expired.
SECTION 298. APPLICABILITY.
THIS SUBCHAPTER SHALL NOT APPLY TO A MUNICIPALITY THAT, BY
RESOLUTION, CHOOSES NOT TO BE SUBJECT TO THIS SUBCHAPTER AFTER
FIVE YEARS FROM THE EFFECTIVE DATE OF THIS SECTION. IF THE
MUNICIPALITY ADOPTS A RESOLUTION TO THAT EFFECT, THE COORDINATOR
MUST AMEND THE PLAN TO REFLECT THE TERMINATION OF THE CODE
ENFORCEMENT OFFICER AND EITHER THE MAIN STREET PROGRAM MANAGER
OR THE ELM STREET PROGRAM MANAGER.
Section 2 3. This act shall take effect as follows:
(1) The addition of section 296 of the act shall take
effect immediately.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect upon
publication of the notice under section 296 of the act.
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