Pennsylvania Act 1990-66 — RECREATIONAL IMPROVEMENT AND REHABILITATION ACT - AMEND

Act text

RECREATIONAL IMPROVEMENT AND REHABILITATION ACT - AMEND
                  Act of Jun. 30, 1990, P.L. 272, No. 66              Cl. 32
                             Session of 1990
                               No. 1990-66

                                  AN ACT

     SB 1617

     Amending the act of July 2, 1984 (P.L.527, No.106), entitled "An
        act providing for the rehabilitation, development and
        acquisition of land, water and structural resources; defining
        the powers and duties of certain offices, agencies and
        municipalities; providing for the allotment of proceeds
        hereunder including Commonwealth grants; prescribing
        standards; and making appropriations," further defining
        "recreation purposes"; further providing for additional
        rehabilitation projects; changing the allocation of funds and
        the availability of funds to cities of the first class; and
        making a repeal.

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

        Section 1.  The definition of "recreation purposes" in
     section 2 of the act of July 2, 1984 (P.L.527, No.106), known as
     the Recreational Improvement and Rehabilitation Act, is amended
     to read:
      Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Recreation purposes."  Any use of land for public park, zoo,
     fishing, hunting, boating, snowmobiling, open space and
     interpretive environmental education purposes or scenic sights
     or preservation of historical significance or for any related
     public recreation purpose.
        * * *
        Section 2.  Sections 3 and 4 of the act, amended July 13,
     1987 (P.L.300, No.55), are amended to read:
      Section 3.  Eligible uses of funds.
        In order to foster economic development, funds shall be used
     only for the following purposes:
            (1)  Rehabilitation of [existing] parks, indoor
        recreation facilities, outdoor recreation facilities and
        public zoos where these facilities have deteriorated because
        they have met or exceeded their useful life or other reasons,
        where one responsible public agency has made reasonable
        efforts to address the deterioration or where such
        rehabilitation will significantly reduce the operation and
        maintenance costs for these facilities.
            (2)  Acquisition of land for public recreation or park
        areas, including acquisitions made to obtain critical
        inholding or buffer areas adjacent to existing park and
        recreation areas, or to preserve critical wildlife habitat
        areas, including wetlands, or to develop hunting, fishing
        [and], boating and snowmobiling areas and related support
        facilities.
            (3)  Acquisition, development and rehabilitation of
        historic or open space resources which are outstanding
        examples of Pennsylvania's cultural heritage and which will
        enhance community conservation and community economic
        development.
            [(4)  Rehabilitation and conversion of surplus schools or
        other municipally owned or controlled buildings for use as
        municipal multipurpose community centers to primarily house
        indoor recreation programs and other related community
        services.]
            (5)  Renovation of [existing park and recreation] parks,
        indoor recreation facilities and outdoor recreation
        facilities to improve accessibility to special populations.
            (6)  [Completion of the development] Development of
        public park and recreation facilities on lands which have
        previously been acquired for these purposes or on lands
        acquired through this act.
            (7)  Preparation of comprehensive recreation plans, park
        master plans, feasibility studies, natural areas inventories,
        other park and recreation-related studies and implementation
        of special technical assistance initiatives as identified or
        deemed appropriate by the Department of Community Affairs.
     Section 4.  Appropriation and allocation of moneys.
        (a)  Appropriation.--From the moneys received by the
     Commonwealth from the issuance and sale of bonds and notes
     pursuant to the act of July 2, 1984 (P.L.512, No.104), known as
     the Pennsylvania Economic Revitalization Act, there are hereby
     appropriated as follows:
            (1)  The sum of $19,780,000, or as much thereof as may be
        necessary, is appropriated from the Pennsylvania Economic
        Revitalization Fund to the Department of Environmental
        Resources for the period beginning July 1, 1984, and ending
        June 30, 1988, for site development and material costs for
        projects authorized and funded under the act of July 2, 1984
        (P.L.561, No.112), known as the Pennsylvania Conservation
        Corps Act. The Secretary of Environmental Resources shall
        have the power to promulgate such statements of policy,
        guidelines, rules and regulations as may be necessary to
        effectuate the programs undertaken, including contracting
        with persons, firms, partnerships, associations or
        corporations as may be necessary. The Department of
        Environmental Resources shall establish procedures for the
        application and distribution of funds pursuant to this
        section. Municipalities sponsoring projects authorized and
        funded under the Pennsylvania Conservation Corps Act shall be
        eligible to receive funding under this paragraph only for
        those projects having recreation purposes and then no more
        than 75% of the cost of development and materials for those
        projects. All other projects sponsored by municipalities
        shall be ineligible for funding under this paragraph.
            (2)  The sum of $24,000,000, or as much thereof as may be
        necessary, is appropriated from the Pennsylvania Economic
        Revitalization Fund to the Department of Community Affairs
        for the period beginning July 1, 1984, and ending June 30,
        1988, for State grants-in-aid to municipalities and, in the
        case of cities of the first class, park commissions, for land
        acquisition, rehabilitation, studies and development projects
        for recreation and conservation purposes, community centers
        and open space benefits as specified in section 3. The
        appropriated funds shall be expended by the Department of
        Community Affairs so that $18,000,000 is expended in equal
        sums over a three-year period from July 1, 1984, to June 30,
        1987, and the remaining $6,000,000 is expended in the fiscal
        year July 1, 1987, to June 30, 1988.
        (a.1)  Allocations.--Funding shall be allocated to projects
     in accordance with the following:
                [(i)] (1)  Not less than 50% of the total allocation
            shall be used to pay up to 50% for rehabilitation[,
            studies] and development projects.
                [(ii)] (2)  Not more than [25%] 20% of the total
            allocation shall be used to pay up to 50% of the project
            costs for acquisition of recreation, park and open space
            benefit lands.
                [(iii)] (3)  Not more than [25%] 10% of the total
            allocation shall be used to pay [up to 50% for community
            center projects] for plans, studies and technical
            assistance grants as authorized by section 3(7).
                [(iv)  The department shall develop a small community
            or small projects component. This program]
                (4)  Not more than 15% of the total allocation shall
            be used for a small community or small projects
            component. This component shall be for the above purposes
            and those under section 3. This component shall be for
            grants-in-aid for projects of up to $15,000 in amount,
            shall be up to 100% grants-in-aid and will cover only
            material costs[,] to assist those municipalities with a
            population of 4,000 or less residents. [unable to meet
            the matching requirements specified in this section.
                (v)] (5)  No municipality, other than a city of the
            first class, shall be eligible to receive more than
            [$200,000 in grants-in-aid in any fiscal year] 5% of the
            annual program appropriation. No city of the first class,
            including park commissions within such cities, shall
            [cumulatively] be eligible to receive more than [$600,000
            in grants-in-aid in any fiscal year] 10% of the annual
            program appropriations.
                [(vi)] (6)  Not more than 5% of the total allocation
            shall be used by the department for personnel, equipment
            and operating costs to administer the Recreational
            Improvement and Rehabilitation Program and to provide
            [technical] support assistance to municipalities for both
            grant-related and other recreation and conservation-
            related services. After June 30, 1988, the department may
            continue to use unspent funds from previous allocations
            pursuant to this section to administer the closeout of
            the grant projects and to continue a program of
            [technical] support assistance.
        (b)  State grants-in-aid.--Grants-in-aid shall be made in
     accordance with the following procedures:
            (1)  A request for State grants-in-aid shall be made by
        the governing body of a municipality to the Department of
        Community Affairs.
            (2)  The development[,] and rehabilitation [and community
        center] projects shall be submitted to the Department of
        Community Affairs by the municipalities in an application
        which contains information as may be required by the
        Department of Community Affairs. Upon approval of the project
        application, the municipality shall execute the project
        according to standards and provisions required or set by
        State laws and in accordance with the contracts, bidding
        procedures and manner established, approved or accepted by
        the Department of Community Affairs or other designated
        agencies of the Commonwealth and in accordance with the
        construction, site and financial plans and specifications
        required, reviewed and approved by the Department of
        Community Affairs or other agencies of the Commonwealth or
        private consulting firm retained for the purpose of project
        review.
            (3)  The land acquisition projects shall be submitted to
        the Department of Community Affairs by the municipality in an
        application which contains maps, appraisals and other
        information as may be required by the Department of Community
        Affairs. The lands may be acquired by purchase agreement or
        by eminent domain. The municipality shall have the power to
        acquire rights in real property, which include, but are not
        limited to, fee simple, easements, remainder, future
        interest, lease, license, restriction or covenant of any
        sort, contractual interest or rights concerning the use of or
        power to transfer property, in order to protect and preserve
        open space benefits.
            (4)  The Commonwealth's share of the cost of the
        development, land acquisition[, community center and study]
        and technical assistance projects shall be paid by the State
        Treasurer on audit and warrant of the Auditor General on the
        requisition of the Secretary of the Department of Community
        Affairs. The Department of Community Affairs shall be
        empowered to promulgate rules and regulations, undertake
        studies and employ personnel and consultants and provide
        grants to political subdivisions to undertake studies as
        necessary in order to properly administer this act and to
        determine the recreation and park needs of municipalities and
        the advisability of granting State aid.
        (c)  Criteria for awarding grants.--The Department of
     Community Affairs shall establish criteria for the awarding of
     grants-in-aid. Such criteria shall include but shall not be
     limited to:
            (1)  Population benefiting from the proposed project.
            (2)  Number, size and condition of existing park and
        recreation facilities.
            (3)  Deficiencies in recreation opportunities at the
        neighborhood level, particularly for minority, lower income
        and special population groups.
            (4)  The extent to which a project supports or
        complements community conservation efforts.
            (5)  Commitments of other local public or private or
        Federal resources.
        (d)  Use of property.--Municipalities shall not dispose of
     nor at any time convert property acquired pursuant to this act
     to other than the purposes approved in the project applications
     without the prior written approval of the program administrator
     within the Department of Community Affairs. Should disposition
     or conversion occur, the Department of Community Affairs may:
            (1)  Require the municipality to refund all grant-in-aid
        funds for that particular project including 10% annual
        interest compounded four times annually from the date the
        original grant-in-aid was received until it is repaid.
            (2)  Require acquisition of equivalent replacement land,
        as determined by the department.
        (e)  Project funding.--[For a project that conforms to the
     Pennsylvania Conservation Corps Act, a municipality may be
     eligible to receive funds from either the Department of
     Environmental Resources or the Department of Community Affairs
     in any one fiscal year, but not from both sources.] The
     Department of Community Affairs shall ensure that grants made to
     municipalities under this act and the act of July 2, 1984
     (P.L.561, No.112), known as the Pennsylvania Conservation Corps
     Act, are not duplicated and that funds are being used in an
     effective and efficient manner to successfully complete a
     project.
        Section 3.  Section 9 of the act is repealed.
        Section 4.  This act shall take effect immediately.

     APPROVED--The 30th day of June, A. D. 1990.

     ROBERT P. CASEY