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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 244, 2104                PRINTER'S NO. 3877

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 218 Session of 2005


        INTRODUCED BY REED, ARGALL, BELFANTI, BOYD, BUNT, CAPPELLI,
           CORNELL, CRAHALLA, CREIGHTON, FABRIZIO, FICHTER, FREEMAN,
           GEIST, GINGRICH, GOODMAN, HARHAI, HENNESSEY, HERMAN, HERSHEY,
           HUTCHINSON, KIRKLAND, LEDERER, LEH, MANN, McCALL, McGILL,
           O'NEILL, PETRARCA, PETRONE, PICKETT, REICHLEY, RUBLEY,
           SAYLOR, SCAVELLO, SCHRODER, STABACK, STERN, R. STEVENSON,
           STURLA, E. Z. TAYLOR, THOMAS, WALKO, WASHINGTON, YOUNGBLOOD,
           PAYNE AND SIPTROTH, FEBRUARY 8, 2005

        SENATOR WENGER, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, APRIL 18, 2006

                                     AN ACT

     1  Amending the act of June 22, 2000 (P.L.318, No.32), entitled "An
     2     act encouraging State agencies to locate facilities in a
     3     downtown area; and providing for report to General Assembly,"
     4     further providing for definitions. and for powers and duties   <--
     5     of Department of General Services.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Sections 3 and 4(c) SECTION 3 of the act of June   <--
     9  22, 2000 (P.L.318, No.32), known as the Downtown Location Law,
    10  are IS amended to read:                                           <--
    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


     1  Commonwealth.
     2     "Downtown area."  [Either of the following:
     3         (1)  The central business district of a city, other than
     4     a city of the first class, borough, incorporated town or
     5     township or any commercial area within a neighborhood of a
     6     city, borough, incorporated town or township, in every case
     7     that serves as a commercial center within that community of
     8     this Commonwealth.
     9         (2)  In cities of the first class, the entire geographic
    10     area of the city.]
    11  A geographically identifiable and contiguous business district
    12  within a town, city, village within a township, home rule
    13  municipality or borough, with a recognized sense of place and a
    14  distinct and identifiable pedestrian orientation based upon a
    15  rectilinear street grid pattern of development, with one or more
    16  central streets and intersecting cross streets. The business
    17  district shall have historically served as the center of
    18  economic, social and civic activity within the community since
    19  at least 1939, or, in the case of a municipality with multiple
    20  business districts, each business district shall have served as
    21  the center of economic, social and civic activity within a
    22  neighborhood.
    23     "Pedestrian orientation."  Development designed with an
    24  emphasis on a street sidewalk and on pedestrian access to a site
    25  and building rather than on automobile access and parking areas
    26  where:
    27         (1)  The building is generally placed close to the street
    28     and the main entrance is oriented to the street sidewalk.
    29         (2)  There are generally windows or display cases along
    30     building facades that face the street.
    20050H0218B3877                  - 2 -     

     1         (3)  The building covers a large portion of the
     2     individual lot area.
     3         (4)  Although parking areas may be provided, they are
     4     generally limited in size and are not emphasized by the
     5     design of the site.
     6     "Rectilinear street grid pattern."  A street and block system
     7  characterized by relatively regularly spaced, rectangular or
     8  trapezoidal blocks and four-way intersections.
     9     "Secretary."  The Secretary of General Services of the
    10  Commonwealth.
    11     "Sense of place."  The characteristics of a location that
    12  make it readily recognizable as being unique and different from
    13  its surroundings, including, but not limited to, publicly owned
    14  squares, village commons, open space, gazebos, plazas,
    15  courtyards and historic main streets.
    16     "State agency."  An executive agency or independent agency as
    17  those terms are defined in 62 Pa.C.S. § 103 (relating to
    18  definitions).
    19  Section 4.  Powers and duties.                                    <--
    20     * * *
    21     (c)  Construction.--Whenever a State agency is planning to
    22  construct a building to be used for office purposes, the State
    23  agency shall, in accordance with the department's guidelines:
    24         (1)  Consider the rehabilitation, reuse, or both, of
    25     existing structures within a downtown area. Consideration may
    26     include reasonable efforts to:
    27             (i)  Rehabilitate or rebuild the structure's facade,
    28         if appropriate, in a way which maintains the
    29         architectural integrity of the building and streetscape
    30         according to the United States Secretary of the
    20050H0218B3877                  - 3 -     

     1         Interior's standards for rehabilitation in Federal
     2         regulations.
     3             (ii)  Ensure that the structure meets the
     4         requirements of the Americans with Disabilities Act of
     5         1990 (Public Law 101-336, 104 Stat. 327) in a manner
     6         which respects the architectural integrity of the
     7         building.
     8         (2)  Consider new construction on available land within a
     9     downtown area. Consideration may include reasonable efforts
    10     to:
    11             (i)  Have the scale and facade of the new structure
    12         maintain the architectural integrity of the existing
    13         streetscape.
    14             (ii)  Ensure that the structure meets the
    15         requirements of the Americans with Disabilities Act of
    16         1990 in a manner which respects the architectural
    17         integrity of the neighboring building.
    18         (3)  Give priority of consideration to downtown areas
    19     located in economically depressed municipalities.
    20     Section 2.  This act shall take effect in 60 days.







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