Pennsylvania Act 2000-32 — DOWNTOWN LOCATION LAW

Act text

AN ACT

Encouraging State agencies to locate facilities in a downtown area; and providing for report to General Assembly.

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 Downtown Location Law.

Section 2. Legislative findings.

The General Assembly finds that:

(1) This Commonwealth has lost over 4,000,000 acres of farmland to development in the last 40 years.

(2) The phenomenon of urban flight and sprawl has led to a decline of traditional central and neighborhood business districts throughout this Commonwealth.

(3) The decline of these districts has a clear linkage to many problems facing our communities: crime, unemployment, shrinking tax bases and decaying infrastructure.

(4) It is important that priority be given to using urban areas in general.

(5) It is in the best interest of this Commonwealth to facilitate the revitalization of traditional central and neighborhood business districts within our communities.

(6) Federal agencies already have established a policy to use downtown locations.

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:

"Department." The Department of General Services of the Commonwealth.

"Downtown area." A geographically identifiable and contiguous business district within a town, city, village within a township, home rule municipality or borough, with a recognized sense of place and a distinct and identifiable pedestrian orientation based upon a rectilinear street grid pattern of development, with one or more central streets and intersecting cross streets. The business district shall have historically served as the center of economic, social and civic activity within the community since at least 1939, or, in the case of a municipality with multiple business districts, each business district shall have served as the center of economic, social and civic activity within a neighborhood.

"Pedestrian orientation." Development designed with an emphasis on a street sidewalk and on pedestrian access to a site and building rather than on automobile access and parking areas where:

(1) The building is generally placed close to the street and the main entrance is oriented to the street sidewalk.

(2) There are generally windows or display cases along building facades that face the street.

(3) The building covers a large portion of the individual lot area.

(4) Although parking areas may be provided, they are generally limited in size and are not emphasized by the design of the site.

"Rectilinear street grid pattern." A street and block system characterized by relatively regularly spaced, rectangular or trapezoidal blocks and four-way intersections.

"Secretary." The Secretary of General Services of the Commonwealth.

"Sense of place." The characteristics of a location that make it readily recognizable as being unique and different from its surroundings, including, but not limited to, publicly owned squares, village commons, open space, gazebos, plazas, courtyards and historic main streets.

"State agency." An executive agency or independent agency as those terms are defined in 62 Pa.C.S. § 103 (relating to definitions).

(3 amended May 11, 2006, P.L.162, No.39)

Section 4. Powers and duties.

(a) Guidelines.--The department shall establish guidelines to encourage State agencies to locate all new office facilities in downtown areas. The guidelines shall include consideration of the following factors:

(1) The requirements of the agency.

(2) Servicing clientele needs.

(3) Local economic considerations.

(4) The availability of suitable space in a downtown area.

(5) Competitiveness in the marketplace.

(6) Cost to the Commonwealth.

(7) Safety to persons using the office facility.

(8) The availability of public transportation.

(9) Compatibility with the economic revitalization plan for the downtown area.

(10) Local zoning ordinances.

(11) The likelihood of natural disasters and preventative and emergency response measures thereto.

(12) Comments from existing public and private sector organizations committed to community, downtown revitalization and historic preservation to be identified by the Department of Community and Economic Development.

((a) amended June 27, 2012, P.L.652, No.72)

(b) Leases.--Prior to a State agency entering into a lease of real estate for office purposes, the State agency shall, in accordance with the department guidelines, consider locating the office facilities in a downtown area.

(c) Construction.--Whenever a State agency is planning to construct a building to be used for office purposes, the State agency shall, in accordance with the department's guidelines:

(1) Consider the rehabilitation, reuse, or both, of existing structures within a downtown area. Consideration may include reasonable efforts to:

(i) Rehabilitate or rebuild the structure's facade, if appropriate, in a way which maintains the architectural integrity of the building and streetscape according to the United States Secretary of the Interior's standards for rehabilitation in Federal regulations.

(ii) Ensure that the structure meets the requirements of the Americans with Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327) in a manner which respects the architectural integrity of the building.

(2) Consider new construction on available land within a downtown area. Consideration may include reasonable efforts to:

(i) Have the scale and facade of the new structure maintain the architectural integrity of the existing streetscape.

(ii) Ensure that the structure meets the requirements of the Americans with Disabilities Act of 1990 in a manner which respects the architectural integrity of the neighboring building.

Section 5. Report to General Assembly.

(a) Report.--Four years after the effective date of this act and every year thereafter, the department shall submit a report to the Urban Affairs and Housing Committee of the Senate and the Urban Affairs Committee of the House of Representatives concerning the implementation and effectiveness of this act.

(b) Baseline.--Within 90 days after the effective date of this act, the department shall prepare a list of all office facilities currently owned or leased by State agencies. The list shall identify those office facilities located in a downtown area.

(c) Contents.--This report shall include, but not be limited to, the following:

(1) The total number of office facilities currently owned or leased by State agencies. The list shall identify those office facilities located in a downtown area as defined by this act. This list shall be compared with the total number of office facilities owned or leased by State agencies on the effective date of this act.

(2) The total number of leased and State-constructed office facilities reviewed by the department during the prior year and of that total:

(i) The number of leased and State-constructed facilities which were located in downtown areas as defined by this act.

(ii) The number of leases and State-constructed office facilities that included the restoration and reuse of an existing structure.

(iii) The number of leases and State-constructed office facilities that were not located in downtown areas and the reasons for not locating in a downtown area.

Section 6. Effective date.

This act shall take effect in 60 days.