Regular Session 2015-2016 House Bill 1810 P.N. 2776

PRINTER'S NO. 2776

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1810

Session of

2015

INTRODUCED BY DRISCOLL, YOUNGBLOOD, THOMAS, KINSEY, McNEILL,

M. DALEY, O'BRIEN, DAVIS, NEILSON AND KAVULICH,

JANUARY 28, 2016

REFERRED TO COMMITTEE ON COMMERCE, JANUARY 28, 2016

AN ACT

Providing for the Waterfront Redevelopment Grant Program;

establishing the Waterfront Redevelopment Fund; and imposing

powers and duties on the Department of Community and Economic

Development.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Waterfront

Redevelopment Grant Program Act.

Section 2. Legislative intent.

The General Assembly finds and declares as follows:

(1) The primary objective of the Waterfront

Redevelopment Act is to revitalize coastal waters and

waterfronts across this Commonwealth, create new jobs and

stimulate private investment, increase property values and

provide waterfront access for the public.

(2) The establishment of a grant program to provide

money for waterfront redevelopment across this Commonwealth

would protect and enhance the health and well-being of our

Commonwealth's environment.

(3) A vibrant and healthy environment, especially along

the coastal waters and waterfronts of this Commonwealth,

would improve the overall health and well-being of citizens

throughout this Commonwealth.

Section 3. 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:

"Applicant." A municipal or county government, other

political subdivision, an industrial or economic development or

redevelopment authority or entity.

"Department." The Department of Community and Economic

Development of the Commonwealth.

"Fund." The Waterfront Redevelopment Fund established in

section 5.

"Program." The Waterfront Redevelopment Grant Program

established in section 4.

"Secretary." The Secretary of Community and Economic

Development of the Commonwealth.

Section 4. The Waterfront Redevelopment Grant Program.

(a) Establishment.--The Waterfront Redevelopment Grant

Program is established and shall be administered by the

department. The purpose of the program shall be to issue grants

to protect and revitalize coastal waters and waterfronts across

this Commonwealth.

(b) Application.--An applicant must submit a written grant

application to the department in a manner prescribed by the

department. The application must include the following

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information:

(1) A detailed description of the project and how the

grant would be used, including any private sector

participation.

(2) A copy of the waterfront redevelopment plan required

under subsection (c) for the area in which the project is to

be located.

(3) An explanation of how the project will contribute

significantly to economic and community redevelopment or the

revitalization of adjacent communities.

(4) An explanation of how the project will provide for

public access to the waterfront or will provide recreational

opportunities for the public, if applicable.

(5) If the project includes the purchase of property, an

identification of the intended use of the property and a

timeline for redevelopment of the property.

(6) The total cost of the project and the source of the

matching funds required under subsection (f)(2).

(7) A detailed description of the practices the

applicant will implement and maintain to control nonpoint

source pollution from the project site.

(8) Other information that the department may require.

applies for a grant shall prepare a waterfront redevelopment

plan that provides for the improvement of the waterfront. The

waterfront redevelopment plan, at a minimum, shall:

(1) Clearly designate the geographic area included

within the waterfront planning area.

(2) Identify the economic impact on the improved area,

the surrounding neighborhood and the region in which the

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waterfront planning area is located.

(3) Provide any additional information as required by

the department for waterfront redevelopment plans.

(d) Publication and notice.--The department shall publish

notice of the program's availability in the Pennsylvania

Bulletin.

(e) Department action.--

(1) The department shall review the application and,

within 60 days of receipt of an application, approve or

disapprove the application. An application which has not been

approved or disapproved by the department within the 60-day

period shall be deemed approved.

(2) In reviewing grant applications, the department

shall consider all of the following:

(i) Whether the project proposed to be funded is

authorized by this act.

(ii) Whether the grant application submitted

complies with this act.

(iii) Whether the project is consistent with the

waterfront redevelopment plan required under subsection

(iv) Whether the project provides additional public

access to the waterfront or provides recreational

opportunities for the public.

(v) Whether the project will significantly

contribute to the region's economic and community

redevelopment or the revitalization of adjacent

communities.

(vi) Whether there is evidence of adverse economic

and socioeconomic conditions within the waterfront

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planning area.

(vii) The viability of the waterfront redevelopment

plan required under subsection (c).

(viii) The level of public and private commitment

and other resources available for the project.

(ix) The level of demonstrated commitment from local

governments and other local political subdivisions.

(x) The level of public and private commitment to

improving abandoned real property within the waterfront

planning area in which the project is located.

(xi) The level of public input and public

notification regarding the proposed project.

(xii) Documentation of the approval of or access to

the matching funds required under subsection (f)(2) and

the source of the matching funds.

(xiv) Other criteria that the department and the

commission consider relevant.

(f) Award of grants.--

(1) The department may issue a grant award to approved

applicants for projects that contribute to the revitalization

of waterfronts throughout this Commonwealth that meet any of

the following purposes:

(i) Provide for response activities on waterfront

property consistent with a waterfront redevelopment plan

required under subsection (c).

(ii) Provide for the demolition of buildings and

other facilities along a waterfront that are inconsistent

with a waterfront redevelopment plan required under

subsection (c).

(iii) Provide for the acquisition of waterfront

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property or the assembly of waterfront property

consistent with a waterfront redevelopment plan required

under subsection (c).

(iv) Provide public infrastructure and public

facility improvements to waterfront property consistent

with a waterfront redevelopment plan required under

subsection (c).

(2) For each grant issued under this part, the

department shall require that an approved applicant provide

matching funds of at least 25% of the project's total cost

from other public or private funding sources.

(3) Grants may be awarded on a pro rata basis if the

total dollar amount of the approved application exceeds the

amount of funds appropriated by the General Assembly for the

program.

Section 5. The Waterfront Redevelopment Fund.

(a) Establishment.--The Waterfront Redevelopment Fund is

established in the State Treasury. All appropriations,

contributions and alternative funds received by the department

as authorized by State law to protect and revitalize coastal

waters and waterfronts across this Commonwealth shall be

deposited into the fund.

(b) Allocation of funds.--All money in the fund is hereby

appropriated on a continuing basis to the department and shall

be used as follows:

(1) At least 85% of the fund shall be used by the

department for grants authorized by this act.

(2) Not more than 15% of the fund may be used by the

department for State and local administration and program

services.

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accept alternative funding, including Federal funds, grants and

donations from any source to assist with the goals of this act.

All money received by the department under this act to protect

and revitalize coastal waters and waterfronts across this

Commonwealth shall be deposited into the fund.

Section 6. Reports.

The department shall submit an annual report to the General

Assembly on expenditures from the fund and the progress of the

public outreach required by section 7.

Section 7. Public outreach.

(a) General rule.--From the money available for

administration as authorized under section 4(b)(2), the

department shall conduct Statewide outreach to inform the public

of the grant program and the grant's purpose to protect and

revitalize coastal waters and waterfronts across this

Commonwealth.

(b) Evaluation.--The department shall evaluate the

effectiveness of the funds provided under this act in protecting

and revitalizing coastal waters and waterfronts across this

Commonwealth and make changes as necessary to the outreach

described under subsection (a).

Section 8. Rules and regulations.

The department shall promulgate rules and regulations in

accordance with the act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act, necessary to administer the

program and carry out its duties under this act.

Section 9. Effective date.

This act shall take effect in 60 days.

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